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2017 02 14 PCP Planning Commission agendas and staff f reports are now available on the City's web page: www.la-quinta.orq PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, FEBRUARY 14, 2017 AT 6:00 P.M. CALL TO ORDER 1. Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1. Approval of minutes of November 22, 2016 2. Approval of minutes of December 27, 2016 ali 1114: 11! 1 For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Executive Assistant prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or PLANNING COMMISSION AGENDA 1 FEBRUARY 14, 2017 someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. Beginning Resolution No. 2017-001 1. Specific Plan 2016-0002 (SP 2002-058, Amendment 2) submitted by the City of La Quinta, proposing to remove The Villas at Old Town from the Old Town Specific Plan 2002-058. CEQA: exempt from environmental review pursuant to Section 15183 in that the proposed project is consistent with General Plan and Zoning. Location: south of Calle Tampico between Avenida Bermudas and the La Quinta Civic Center 2. Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta proposing amendments to Chapter 9.60 of the La Quinta Municipal Code relating to standards and criteria for the establishment of accessory dwelling units within residential districts. CEQA: exempt pursuant to Section 15061 (B)(3) and requires no further review. Location: Citywide. BUSINESS SESSION 1. General Plan consistency for proposed land purchase agreement between the City of La Quinta and BT-LJMJM, LLC. for certain vacant property located near the intersection of Eisenhower Drive and Avenida Fernando comprised of 10.4 acres. APPLICANT: City of La Quinta. CEQA: exempt from environmental review pursuant to Sections 15301, 15303, and 15304. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS STAFF ITEMS 1. Rules of Procedures - Council, Boards and Commission Meetings 2. Development Status Report 3. Planning Commissioners Academy, March 1-3, 2017 4. Special Joint City Council, Boards and Commissions Meeting at 5:30 p.m. February 23, 2017 at the La Quinta Library ADJOURNMENT PLANNING COMMISSION AGENDA 2 FEBRUARY 14, 2017 The next regular meeting of the Planning Commission will be held on February 28, 2017, commencing at 6:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Wanda Wise -Latta, Executive Assistant of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 10, 2017. DATED: February 9, 2017 ma,�& w(4& - WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PUBLIC NOTICES 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 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Secretary for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION AGENDA 3 FEBRUARY 14, 2017 PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 22, 2016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Blum, Fitzpatrick, Hansen, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: None STAFF PRESENT: Design and Development Director Timothy R. Jonasson, Assistant City Attorney Morgan Wazlaw, Planning Manager Gabriel Perez, Principal Planner Jay Wuu, Principal Engineer Bryan McKinney, Consultant Principal Planner Nicole Criste and Executive Assistant Wanda Wise -Latta. Commissioner Fitzpatrick led the Commission in the Pledge of Allegiance. Chairperson Bettencourt introduced new Commissioners McCune and Hansen. He also congratulated Commissioner Fitzpatrick on her apparent election to the City Council and Commissioner Blum upon his recognition at the City's Veteran's Day celebration for his service in the United States Army. PUBLIC COMMENT - None CONFIRMATION OF AGENDA Executive Assistant Wanda Wise -Latta stated that the Environmental Assessment referenced in Public Hearing No. 2 was identified incorrectly and should be identified as Environmental Assessment 2016-0012. Agenda confirmed. APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of October 25, 2016 as submitted with the following amendments: PLANNING COMMISSION MINUTES 1 NOVEMBER 22, 2016 Amendment to Page 2, paragraph 3, sentence 2 to read, "regarding the mitigation installation of a fence" and "Site Development Permit 2016-0005 until installation of a fence and this should occur before there is any grading activity on site." Amendment to page 2, paragraph 4, sentence 1 to read, "Coachella Valley Multiple Species Conservation Plan (MSHCP)." Amendment to page 2, paragraph 4, sentence 5 to read, "an EIR is being prepared by the Coachella Valley Conservation Commission and should be completed in November." AYES: Commissioners Blum, Fitzpatrick, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: Commissioners Hansen and McCune. Motion passed. Commissioner Wright said he is the President of the Board of Directors for the Coachella Valley Housing Coalition and recused himself due to a conflict of interest regarding Public Hearing No. 1. PUBLIC HEARINGS 1. Site Development Permit 2011-920, Extension No. 2, submitted by the La Quinta Housing Authority requesting a two-year extension for the previously approved Washington Street Apartments project. The proposal is for the rehabilitation of the existing 72 one -bedroom apartment units located on approximately 4.7 acres of land, the construction of 26 new apartment units, and additional common area and facilities improvements. The project was previously assessed under the adoption of Environmental Assessment 2011- 613. Location: southeast corner of Washington Street and Hidden River Road. Principal Planner Jay Wuu presented the information contained in the staff report, which is on file in the Design and Development Department. Public Speaker: Jon McMillan, Tall Man Group - introduced himself and provided an update regarding the proposed project. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:19 p.m. Public Speakers: None. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:19 p.m. PLANNING COMMISSION MINUTES 2 NOVEMBER 22, 2016 Motion - A motion was made and seconded by Commissioners Blum/Fitzpatrick to adopt Resolution No. 2016-017 approving a second time extension for Site Development Permit 2011-920 for Site, Architectural, and Landscaping Plans for the Washington Street Apartments. AYES: Commissioners Blum, Fitzpatrick, Hansen, McCune, Quill, and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: Commissioner Wright. Motion passed. 2. Environmental Assessment 2016-0012 and Zoning Ordinance Amendment 2016-0005 submitted by the City of La Quinta requesting adoption of a resolution recommending that the City Council certify the Village Build -Out Plan Environmental Impact Report (SCH #2015101019) and adopt amendments to Title 9 of the La Quinta Municipal Code relating to the Build -Out Plan for the La Quinta Village, including various development standards associated thereto. CEQA: the proposed Zoning Code Amendments were identified as a project under the CEQA. The City prepared an EIR (EA 2016-0012, SCH #2015101019), and has determined that although impacts associated with the project can be mitigated to less than significant levels in most cases, impacts associated with air quality, cultural resources, greenhouse gas emissions and traffic and circulation cannot be mitigated to a less than significant level. Findings and a state of overriding considerations are proposed. Location: generally located east of Eisenhower Drive, west of Washington Street, north of Avenue 52 and south of the La Quinta Evacuation Channel. Consultant Principal Planner Nicole Criste presented the information contained in the staff report, which is on file in the Design and Development Department. Public Speaker: John Braginton, The Altum Group, Palm Desert, CA - introduced himself and explained in further detail information in the report specific to the Environmental Impact Report. Consultant Principal Planner Criste stated that under CEQA, the lead agency has the ability to determine whether or not the benefits of a project outweigh the impacts that have been identified if those impacts cannot be mitigated to less than significant levels. She said that impacts have been identified for traffic, air quality and greenhouse gases and the EIR has proposed as many feasible mitigation measures as are available to the city to reduce those impacts to the greatest extent possible. She stated that those impacts cannot be reduced to a less than significant level as defined by CEQA and there is a need for findings and a statement of overriding consideration. She asked that the Commission consider the benefits of the project over the significant impacts and direct staff to prepare the statement of overriding consideration should the Commission choose to recommend approval by the City Council. PLANNING COMMISSION MINUTES 3 NOVEMBER 22, 2016 Discussion followed regarding an explanation of traffic ratings, traffic flow, traffic calming options, building height limit in the village area, roundabouts, linking the village area to the CV Link, possible future IID local substation, notification of availability of draft EIR to various agencies and their comments, preservation and mitigation of an identified historic building and its photographic record, filling the gaps of discontinuous sidewalks, notification to Desert Sands Unified School District of all new development and redevelopment projects that may generate hazardous waste, and storm drain evacuation system in the Village Buildout Project area Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 7:18 p.m. Public Speakers: None Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 7:19 p.m. Further discussion followed regarding the density eligibility of a qualified building, building height requirements, and staff approval of commercial projects of less than 10,000 square feet. Motion - A motion was made and seconded by Commissioners Quill/Fitzpatrick to adopt Resolution No. 2016-018 recommending that the City Council certify the Village Build -Out Plan Environmental Impact Report (SCH #2015101019) and adopt amendments to Title 9 of the La Quinta Municipal Code relating to the Build -Out Plan including the various development standards. AYES: Commissioners Blum, Fitzpatrick, Hansen, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEM Commissioner Quill commented upon the Imperial Irrigation District looking at meeting future service needs. Commissioner Wright stated that IID has a new governmental affairs officer and IID has joined the board of the East Valley Coalition. Commissioner Fitzpatrick thanked the Commission and staff for their efforts during her time on the Planning Commission. PLANNING COMMISSION MINUTES 4 NOVEMBER 22, 2016 STAFF ITEMS - 1. League of California Cities Planning Commission Academy will be held in March 2017. 2. Appeal of the SilverRock Site Development Permit 2016-0009 to the City Council. 3. Possible December 27, 2016 Planning Commission meeting. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Blum to adjourn this meeting at 7:40 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 5 NOVEMBER 22, 2016 PLANNING COMMISSION MINUTES TUESDAY, DECEMBER 27, 2016 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Blum, Hansen, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: None VACANCY: One STAFF PRESENT: Design and Development Director Timothy R. Jonasson, Assistant City Attorney Morgan Wazlaw, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney and Executive Assistant Wanda Wise -Latta Commissioner Blum led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed PUBLIC HEARING 1. Site Development Permit 2016-0009 submitted by the SilverRock Development Company, LLC for the consideration of site, architectural, and landscaping plans for 200-key hotel, new golf course clubhouse, ten golf villas and a resort residential development within Planning Areas 5, 6, and 10A of the SilverRock Specific Plan. Project: SilverRock Resort. CEQA: previously reviewed under Environmental Assessment 2014-1003; the project is consistent with the analysis previously approved. Location: southwest corner of Jefferson Street and Avenue 52. Planning Manager Gabriel Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Staff addressed Commissioner McCune's questions regarding the anticipated alignment of the temporary fence and its design. PLANNING COMMISSION MINUTES 1 DECEMBER 27, 2016 Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:18 p.m. Public Speaker: John Gamlin, Robert Green Company/SilverRock Development Company - introduced himself and conveyed Mr. Robert Green's regrets regarding being unable to attend the meeting due to a family emergency. Mr. Gamlin gave a presentation of the project. Public Speaker: Kevin Heinly, Managing Director and Principal, Gensler, San Diego, CA - introduced himself and explained in further detail the concepts and design of the project. General discussion followed regarding the architectural design and color palette. Public Speaker: Ray Rooker, La Quinta, CA - introduced himself and shared his thoughts regarding the project. General discussion continued regarding materials and color selections; adequacy of the square footage of the clubhouse, adequate dining and kitchen facilities in the clubhouse; dimensions of the pro shop; staging area for golf tournaments, golf cart circulation; hotel room dimensions and details; and landscaping details adjacent to the hotel buildings. Mr. Gamlin stated that he valued the comments from Mr. Rooker and the Commissioners. Planning Manager Perez stated that if the Commission approved the Site Development Permit, it would then go before the City Council for consideration as a business item, but the Commission could recommend conditions tonight. General discussion followed regarding golf clubhouse ownership, parking, cart barn and the Commission's role and actions with regards to the Site Development Permit. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 7:16 p.m. Motion - A motion was made and seconded by Commissioners Quill/Wright to adopt Resolution No. 2016-019 recommending that the City Council approve Site Development Permit 2016-0009 and find it consistent with Environmental Assessment 2014-1003 with the addition of the following recommended conditions: PLANNING COMMISSION MINUTES 2 DECEMBER 27, 2016 1. Prosopis Glandulosa (Texas Honey Mesquite) trees shall be removed as a landscape option in the plant legend for SDP2016-0009. 2. Vertical landscape elements shall be included in landscape areas adjacent to three-story buildings of the lifestyle hotel in Planning Area 5 and the lifestyle -branded condominiums in Planning Area 6. 3. The applicant shall introduce building material colors that are compatible with the color hues of the adjacent mountains of the SilverRock Resort. 4. A room dimension and square -foot analysis shall be prepared by the applicant for lifestyle hotel room options. 5. Applicant shall redesign the golf clubhouse within the allotted space for optimal clubhouse and golf cart function. The redesign of the clubhouse shall include input from clubhouse operators and study of other clubhouses. The pro shop shall be redesigned to maximize revenue for the City of La Quinta by the allocation of merchandising elements and enhancement of views to the first and tenth tees. The lounge design shall be designed as a dining venue that serves as a destination for golfers, visitors and City residents. AYES: Commissioners Hansen, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: Commissioner Blum (counted with the majority based on City Council adopted Rules of Procedure Resolution No. 2015-023). VACANCY: One. Motion passed Ayes: 6 CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEM Chairperson Bettencourt reaffirmed the Commission's willingness to be helpful with the review of Development Agreements and asked for an update on the cell towers evaluation. Commissioners Quill and Wright commented on the plant material in the landscaping surrounding the Cinemark movie theatre and the adjacent parking lot. Chairperson Bettencourt requested that staff provide a report to the Planning Commission at its next meeting regarding the status of the landscaping at the theatre. Chairperson Bettencourt requested to be excused from the January 10, 2017 Planning Commission meeting due to a long -planned commitment. STAFF ITEMS 1. Report on City Council Action for Special Events. PLANNING COMMISSION MINUTES 3 DECEMBER 27, 2016 Planning Manager Gabriel Perez presented the staff report on Council action approving new regulations for special events, which is on file in the Design and Development Department. Commissioner Quill asked if there was a fiscal impact for the City and staff responded that there are none and that the City is recovering costs through special event permit fees. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Blum to adjourn this meeting at 7:50 p.m. in memory and honor of Riverside County Supervisor John J. Benoit. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 4 DECEMBER 27, 2016 PH 1 PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 14, 2017 CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058, AMENDMENT 2) APPLICANT: CITY OF LA QUINTA PROPERTY OWNER: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT TO REMOVE THE VILLAS AT OLD TOWN PART B FROM THE OLD TOWN SPECIFIC PLAN AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15183 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS A PROJECT CONSISTENT WITH GENERAL PLAN AND ZONING. LOCATION: SOUTH OF CALLE TAMPICO BETWEEN AVENIDA BERMUDAS AND THE LA QUINTA CIVIC CENTER RECOMMENDED ACTION Recommend to the City Council that the project be deemed exempt from the California Environmental Quality Act, and further recommend approval of a Specific Plan Amendment to remove the Villas at Old Town from the Old Town La Quinta Specific Plan. EXECUTIVE SUMMARY • The applicant proposes an amendment to the Old Town La Quinta Specific Plan to remove the Villas at Old Town, a mixed -use project consisting of 84 residential condominiums and 20,000 square feet of commercial space on approximately 4.32 acres of City -owned property between Old Town and the La Quinta Library (Attachment 1). • City Council approved of Specific Plan 2002-058 Amendment 1 on November 3, 2015 for development of the Villas at Old Town, but the purchase of the City - owned properties for the development was terminated. • The Old Town Specific Plan will be limited to properties of the existing Old Town at La Quinta development, and improved parking lots to the east side of Desert Page 1of3 Club Drive if the specific plan amendment is approved. BACKGROUND Old Town La Quinta is located in the core of the La Quinta Village (Attachment 2). The commercial center, which is comprised of multiple two-story buildings, consists of a variety of retail, office, and restaurant uses in a pedestrian -focused environment. Several parcels of vacant land owned by the City are located between Old Town and the La Quinta Civic Center. The lots are graded, covered in gravel, and have a perimeter bollard and chain barrier established. The lots are primarily used as guest parking for the annual La Quinta Arts Festival and overflow for special events conducted at Old Town. The City entered into a purchase and sale agreement with Marvin Investments, Inc. for development of these properties, under the project name "Villas at Old Town". The agreement included a development proposal, that envisioned mixed -use, residential and retail/office development. The proposal included Specific Plan 2015-0001 (SP 2002-058, Amendment 1) and Village Use Permit 2015-0001, which added these properties to the existing Old Town Specific Plan. This proposal was recommended to the City Council for approval by the Planning Commission on October 13, 2015 and was approved by the City Council on November 3, 2015 via Resolution 2015-053. PROPOSAL & ANALYSIS The proposed Specific Plan Amendment represents the second amendment to the Old Town La Quinta Specific Plan. The existing document is divided into two parts: Part A addresses Old Town La Quinta and Part B addresses the Villas at Old Town. The current proposal removes Part B from the Specific Plan, which includes development standards for the Villas at Old Town on City -owned properties that are south of Calle Tampico, between Avenida Bermudas and the La Quinta Civic Center (Attachment 3). The Specific Plan document will include a note identifying removal the Villas at Old Town Part B if approved by the Planning Commission and City Council. The development of the Villas at Old Town has not occurred and the purchase and sale agreement for the City -owned properties in the Specific Plan was terminated. The properties within Part B of the Specific Plan will be subject to the existing Village standards of the Zoning Code and the General Plan 2035 with approval of the specific plan amendment. This action will allow for alternative development proposals of the City -owned properties. Page 2of3 AGENCY & PUBLIC REVIEW Public Agency Review: This request was sent to all applicable City departments and affected public agencies on August 26, 2016. No comments were received. SB-18 Native American Tribal Consultation: As per SB-18 (2004) consultation requirements, information regarding the proposed Specific Plan Amendment was forwarded to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission. No Tribe requested information or consultation. Public Notice: This project was advertised in The Desert Sun newspaper on February 3, 2017, and mailed to all property owners within 500 feet of the site. To date, no comments have been received. Any written comments received will be handed out at the Planning Commission hearing. ENVIRONMENTAL REVIEW The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15183 of the California Environmental Quality Act in that the Specific Plan Amendment can be characterized as consistent with the General Plan and Zoning. Prepared by: Carlos Flores, Associate Planner Approved by: Gabriel Perez, Planning Manager Attachments: 1. Project Information 2. Project Area Site Map 3. Old Town La Quinta Specific Plan Amendment 2 Page 3of3 PLANNING COMMISSION RESOLUTION 2017 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A SPECIFIC PLAN AMENDMENT TO REMOVE THE VILLAS AT OLD TOWN PART B FROM THE OLD TOWN SPECIFIC PLAN, AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058, AMENDMENT 2) APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 14th day of February, 2017, hold a duly noticed Public Hearing, to consider a request by City of La Quinta for recommendation of approval to the City Council of an amendment to the Old Town La Quinta Specific Plan, generally located on the south side of Calle Tampico, between Avenida Bermudas and the La Quinta Civic Center, more particularly described as: APN: 770-124-010, 770-121-007, 770-123-012, 770-124-005, 770-123-011, 770-121-014, 770-121-008, 770-123-001, 770-121-013, 770-121-005, 770-121-010, 770-121-009, 770-121-011, 770-121-012, and 770-121-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on February 3, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, per SB-18 consultation requirements, the Design and Development Department has forwarded information regarding the proposed amended Specific Plan to those Tribes referenced on the Tribal Consultation List provided by the Native American Heritage Commission and has received no request for information or consultation from a Tribe; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan Amendment: 1. Consistency with General Plan Planning Commission Resolution 2017- Specific Plan 2016-0002 (SP 2002-058, Amendment 2) Old Town La Quinto Adopted: February 14, 2017 Page 2 of 3 The proposed Specific Plan amendment is consistent with the goals and policies of the La Quinta General Plan in that the removal of Part B is consistent with Policy LU-7.4 as adopted mixed -use development standards for the Village Commercial District may be applied to new development projects on city - owned properties. 2. Public Welfare Approval of the proposed Specific Plan amendment will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has determined that this project is exempt from environmental review pursuant to Section 15183 of the Guidelines implementing CEQA California Environmental Quality Act in that the proposed project can be characterized as consistent with a General Plan and Zoning. The project is consistent with all applicable general plan and zoning regulations, occurs on a project site less than five acres in size substantially surrounded by urban uses, has no value as habitat for endangered, rare, or threatened species, would not result in any significant effects relating to traffic, noise, air/water quality, and can be adequately served by all required utilities and public services. 3. Land Use CompatibilitX The proposed Specific Plan amendment incorporates a land use that is compatible with zoning on adjacent properties. The property removed from the Specific Plan will continue to be zoned as Village Commercial. 4. Property Suitability The uses permitted in the Specific Plan amendment are suitable and appropriate for the subject property in that the revisions include reverting back to the City's Zoning. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the City Council to be exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines. Planning Commission Resolution 2017- Specific Plan 2016-0002 (SP 2002-058, Amendment 2) Old Town La Quinto Adopted: February 14, 2017 Page 3 of 3 SECTION 3. That it does hereby recommend to the City Council approval of Specific Plan 2016-0002, as set forth in attached Exhibit "A" for the reasons set forth in this Resolution. PASSED, Quinta Plannin g PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California EXHIBIT A 1.— ,... ■ ffaI i .. Specific Plan 2016-0002 (Specific Plan 02-058 - Amendment 2) �� �, "M OWN 1.• + �r s r3 1 %P'F4E ' A �` f 9Mr # .. n a OW Specific Plan�amendm McALLE-- MPICO ---• ,. - V�iias� 'All 3na� h Specific Plan Amendment PartrA _ C?Idown�La;Quinta 'Xs Ilk ' F ...jg.,i ail f P Imp B Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 2 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 3 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 4 Table of Contents: Old Town La Quinta 1. Introduction & Setting 1.1 Executive Summary 1.2 Purpose & Intent 1.3 Project Location 1.4 Site Characteristics 1.5 Background & History 1.6 General Plan & Zoning 2. Specific Plan 2.1 Project Description 2.2 Development Objectives 2.3 Land Use Plan 2.4 Circulation 2.5 Parking 3. Development Standards 3.1 Overview 3.2 Variations from LQMC 4. Design Guidelines 4.1 Architectural Guidelines 4.2 Landscape Guidelines 5. Plan Administration 5.1 Amendment 5.2 Interpretation 5.3 Enforcement 6. General Plan Consistency 6.1 Overview 6.2 Consistency Analysis Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 5 List of Exhibits 1 Aerial photograph 2 Existing land use 3 Existing zoning 4 Overall site plan of Old Town La Quinta 5 Plaza Landscape Plans Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 6 1. INTRODUCTION & SETTING 1.1 EXECUTIVE SUMMARY Old Town La Quinta currently consists of five buildings totaling approximately 102,000 square feet of offices, retail shops, services, restaurants, and event lawn on approximately 6 acres of property. See Exhibits 1 and 4. This Specific Plan Amendment will allow for the following: Closure of Linden Lane in front of The Grill on Main and La Rue Wine Bar between Main Street and Avenida La Fonda to create an outdoor plaza for dining, drinking, and live music. Construction of an exterior staircase to access the large second floor restaurant at 78065 Main Street. Conversion of existing office space to future residential use. Blanket approval for art, music, farmers market, and other events with fewer than one thousand attendees at a time within Old Town. Applicant may seek building department approval for a roof deck for restaurant and music not to exceed 3,000 square feet. Vacant pad at the southeast corner of Calle Tampico and Avenida Bermudas (previously entitled for up to a 27,000 square foot building) will be converted into a paved parking lot. Additional square footage in the existing buildings to be used for food related uses (i.e. restaurants, juice bar, tap room, bakery, etc.). No new buildings are proposed as part this of the Specific Plan Amendment. Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 7 Exhibit 1: Aerial photograph depicting the site and existing development G Ob 1.2 PURPOSE & INTENT The purpose of this Specific Plan Amendment is to set forth the detailed development principles, guidelines, and programs to facilitate the redevelopment of the existing Old Town La Quinta project. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in detail: Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 8 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.3 PROJECT LOCATION Old Town La Quinta is located east of Avenida Bermudas, south of Calle Tampico, north of Avenida La Fonda and west of Desert Club Drive. In addition, it includes two parking lots south of Calle Tampico east of Desert Club Drive. Calle Tampico is designated a Primary Arterial according to the City's General Plan. Property to the north, across Calle Tampico between Avenida Bermudas and Desert Club Drive contains an Embassy Suites Hotel with 145 rooms and 72-unit casitas, the Sandbar restaurant, a Circle K and a Mexican market and vacant commercial pads. Both of the intersections are fully signalized. To the west of Old Town are a City -owned paved parking lot, a thrift store, and two vacant lots. To the south of Old Town, across Avenida La Fonda, is The Crab Pot, vacant lots, and a liquor store. To the east of Old Town is City -owned vacant land and a Verizon facility. 1.4 SITE CHARACTERISTICS The site is flat and is developed with streets, buildings, landscaping, sidewalks, and parking lots. There is one approximately 0.4 acre parcel at the corner of Calle Tampico and Bermudas, which is a grass and dirt pad. Public streets surround the site. 1.5 BACKGROUND AND HISTORY The first phase and existing streets in Old Town were built in 2002-2003. The second phase was completed in 2007. Old Town provides visitors with office space, a bank, restaurants, bars, retail stores, salons, and services. It is a place for locals, snowbirds, and visitors to the Valley to Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 9 shop, stroll and dine. It also provides a location for a farmers market, Art Under the Umbrellas, Taste of La Quinta, Fall Family Festival, and many other events utilizing the event lawn and Main Street. 1.6 GENERAL PLAN & ZONING Implementation of this Specific Plan is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the site is shown in Exhibit 2. The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use Permit or Specific Plan to establish an overall master development plan for property located with the Village Commercial (VC) zoning classification. Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 10 Exhibit 2: Existing land use Exhibit 3: Existing zoning The Villane inset `sorb k re„ue — ems. ,.. ar rrtr W LfC YC RY N IRL 1 11G MC. Cai[eIantpi- � �.• o ----------------- s (M� �- OL 10.00 RM 11 "c` 1r1 1711110 "G.-M.G.-rnp;4 Legend City Limit Sphere of Influence and Planning Areas Riverside County Parcel Boundaries General Plan Designations Low Density Residential Mediumffgh Density Residential General Commercial Tourist Commercial 'Village commercial I ndu stri al1ig ht Manufacturing Major community Facilities Open Space - Natural Open Space - Recreation —] Street Rights of Way Legend RESIDENTIAL NONRESIDENTIAL DISTRICTS Medium Density Residential Regional Commercial Low Density Residential Commercial Park - Medium High Density Residential - Office Commercial - High Density Residential Neighborhood Commercial Very Law Density Residential Major Community Facilities ® Cove Residential Industrial VILLAGE COMMERCIAL Community Commercial = Village Commercial Tourist Commercial SPECIAL SYMBOLS SPECIAL PURPOSE DISTRICTS ` --- Overlay Areas Parks and Recreation Low Density Agriculture/Equestrian - Open space Residential Overlay Equestrian Overlay Golf Course City Limit Floodplaln Sphere of Influence and Planning .Areas Riverside County Parcel Boundaries Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 11 Exhibit 4: Old Town La Quinta Overall Site Plan M MRs _ t I 1:1"il, M. it rIk' f _ - _ i r f'JobyW-1f r` Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 12 2. SPECIFIC PLAN 2.1 PROJECT DESCRIPTION There are a few changes to the physical appearance and land uses of Old Town proposed by this Specific Plan Amendment. The physical changes to Old Town are proposed as follows: The permanent improvement of the parking lot at the corner of Avenida Bermudas and Calle Tampico into a new paved parking lot with 42 parking spaces, with associated landscaping, lighting and irrigation. This lot was originally designed to allow for the construction of a two-story building containing up to 27,000 square feet of retail and office space, but has been used as a parking lot for the last ten years. Closure of Linden Lane, between Main Street and Avenida La Fonda, in front of The Grill on Main and La Rue Wine Bar. This street closure would allow for the installation of a pedestrian -oriented plaza to be used for events and for additional dining and bar areas for the adjacent restaurants. See Exhibit 5 Plaza Plans. Addition of an exterior staircase leading to the second floor patio/restaurant space of the building located at 78065 Main Street. This staircase would allow for direct access to that restaurant from the plaza to enhance the customer experience. This staircase would be in addition to the existing two internal building staircases and one elevator used to access this restaurant space now. Cables and lights would be added for both shade and lighting above the plaza area. Roof decks not to exceed 3,000 square feet each could be added to 78065 Main Street and 78085 Main Street to incorporate dining and bars. The changes in use in Old Town are proposed as follows: The percentage of restaurant space allowed would be changed from 20,400 square feet (16% of the 127,500 square feet of existing entitlements) to 34,000 square feet. This increase is needed to meet market demand and is justified by the addition of both on -site parking in Old Town and the elimination of one 27,000 square foot building from the approvals. This 34,000 square feet of restaurants would include conditioned space and enclosed patios. It would not include beer garden on the plaza or potential roof deck. The conversion at some point in the future of some or all of the office space located on the second floor of Old Town to use as residential units. A maximum of 30 new condominium units of one to three bedrooms would be created in what are now offices. These condominiums would range in size from 850 to 2,400 square feet. One reserved parking space per unit would be delineated or private garages, built over existing parking places, would be built on site for these condominiums. Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 13 The creation of the outdoor dining and bar area with fire pits, fountains, and outdoor music to allow for the adjacent restaurants to serve customers in a festive and inviting environment. This outdoor venue would not be counted in the restaurant space limitation because it would only be used seasonally and for special events. A valet parking area may be created on the Main Street side of the plaza. These valet parking areas would be completely out of existing vehicular paths of travel, and would not interrupt traffic. Valet parking will use existing parking spaces but will allow more cars to park in the same area. This amendment will allow an exemption from Temporary Use Permits for events held on the property which is part of this Specific Plan for arts festivals, farmer's markets, music festivals and similar public events with total attendance of less than 1,000 people. Applicable Alcohol Beverage Control and County Health Permits will still be required. Police and Fire standards will be observed. City will review special event usage with applicant annually. Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 14 Exhibit 5: Plaza Plans LIGHTING / WIRE STUDY OLD TOWN PLAZA - PRELIMINARY LANDSCAPE PLAN \ G O Q 0 o p s On ° o a a (SITE FURNISHING STUDY qy, LD TOWN PL0.ZA O PR ELI NINARY LANDSCAPE PLAN tia9 ce a HARDSCAPE CONCEPT OLD TOWN PLAZA PREL ININARY LANDSCAPE PLAN I Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 15 2.2 DEVELOPMENT OBJECTIVE The objective of this amendment to the Specific Plan is to allow for the continued, but enhanced enjoyment of Old Town by both tenants and the public. It will allow for more variety of restaurants, tap rooms, bars and food concessions. It will also give the flexibility to allow people to live at Old Town at some future date when the market justifies by conversion of office space to residences. It will further allow for more public events and pedestrian friendly areas for relaxation away from cars and traffic. Finally it provides for more paved parking for both tenants and guests. 2.3 LAND USE PLAN The land use is being changed by eliminating one approved building, building a paved parking lot, closing off Linden Lane for a pedestrian plaza and conversion of buildings into mixed use (including residential uses). 2.4 CIRCULATION PLAN The existing circulation in and around Old Town will not change except for the elimination of the Linden Lane connection between Avenida La Fonda and Main Street. The elimination of this two hundred foot section of street will not change the circulation as two-way traffic will continue on Avenida La Fonda and Main Street with connections to Desert Club Drive and Avenida Bermudas using either street. The new parking lot being created at the corner of Calle Tampico and Avenida Bermudas will have an entry and exit point into the existing driveway (street in the middle of the site). This access point is adjacent to and utilizes the existing access to Calle Tampico. In this way this parking lot can be safely entered and exited during events using the event lawn and even the parking lot adjacent to the event lawn. This will add flexibility to event planning and parking. 2.5 PARKING 176 parking spaces are provided on -site and another 42 will be added by the construction of the new parking lot at the corner of Calle Tampico and Avenida Bermudas. Five spaces will be lost when the plaza is constructed. Approximately 220 spaces are available off -site for a total of nearly 440 parking spaces. These off -site spaces are located near to the site (within 300 feet) on the east side of Desert Club Drive, on Avenida La Fonda and in the two public parking lots on the west side of Avenida Bermudas. The plan proposes to use the City's allowed method for alternative parking standards. The site has been designed to promote pedestrian mobility, as suggested in the City of La Quinta Village Design Guidelines, by grouping of mixed uses and using design elements such as ample shading, a central plaza, seating areas and decorative paving. This design will encourage people from nearby businesses and residences to walk to the site, thereby reducing the need for on -site parking. The plan anticipates using a shared parking arrangement as permitted in the City Zoning Ordinance Section 9.150.070. This statement maintains that parking for non-residential uses shall be within 300 feet of the uses served by the parking and shall be located in a commercial district. In addition, the sit-down restaurants will be open during evening hours, when most office Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 16 and retail uses will be closed. A significantly larger number of parking spaces will be available during the hours for restaurant use. This method of providing spaces through shared parking will reduce the number of automobiles on the site. This is important for the design concept of a pedestrian oriented commercial village. Forty-two new parking spaces will be added to Old Town with the new parking lot. Closing Linden Lane will eliminate five spaces. These new spaces as well existing parking, adjacent City owned parking lots and nearby streets will supply adequate parking for events and everyday use. Parking for residential use will be by one reserved space per residential unit or private garages to be built at time of conversion to residential. These garages will be built on existing surface lots owned by Old Town. 3. DEVELOPMENT STANDARDS 3.1 OVERVIEW The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 3.2 VARIATIONS FROM LQMC No new variances from the LQMC are proposed. 4. DESIGN GUIDELINES 4.1 ARCHITECTURAL GUIDELINES No changes to the design guidelines are proposed. 4.2 LANDSCAPE GUIDELINES. No changes to the landscape guidelines are proposed. 5. PLAN ADMINISTRATION 5.1 AMENDMENT This chapter describes the procedures for administration and implementation of the Specific Plan. The Specific Plan establishes the general intent and comprehensive framework for development of the community. Minor modifications that are consistent with the purpose and intent of the current Old Town Specific Plan are allowed at the discretion of the Gep4n4upAy Design and Development Director or designee. Therefore, it is intended that this Specific Plan provide City Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 17 Staff with the flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, the Gem4n4gAy Design and Development Director or designee shall approve these administratively. After approval, any such amendment will be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Administrative Changes Representative examples of such changes may include, but are not limited to: The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site- specific information. Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc. Modification of architectural or landscape design criteria or details. No changes to the existing criteria for architecture or landscaping are being proposed. The applicant is responsible for coordinating an annual review of special events with the Sen4RRff W Design and Development Department. Subject to this review, the Department may revise or revoke the exemption from Temporary Use Permits. 5.2 INTERPRETATION Where there is ambiguity between the Specific Plan and the Zoning Code, the Director of Community Design and Development shall review pertinent information and make a determination as to which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted under Administrative Changes, earlier in this section. All uses not specifically listed in this Specific Plan are prohibited. However, the Semnr Design and Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use. 5.3 ENFORCEMENT The City of La Quinta shall administer the provisions of the Old Town Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 18 The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. The enforcement of the provisions of this Specific Plan shall be by the following: The City of La Quinta Sen4nup W Design and Development Department shall enforce the development standards and design guidelines set forth herein. Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per 9.200.120 LQMC provisions. 6. GENERAL PLAN CONSISTENCY 6.1 OVERVIEW It is consistent in style, theme and spirit of surrounding development in the Village. The plan carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian friendly and which offers residents both commercial and residential uses in a cohesive historical context. 6.2 CONSISTENCY ANALYSIS The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 19 Specific' .1ah...' e'ncirr :• GACCE•TA ASFYGO-.,.. �,•.-'-T"°T"_ ..•: .:..-. �VIIIaS�a t� � E�RftF ar = .-r 01 I r _ ca EE., ,zi Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 20 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 21 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 22 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 23 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 24 '.� �" Rai"_'e"�' ; rw - r _�-�+�— — •7r•-r----L miu+�s� � � �' -- t H i ne viiia a inset 50th Avenue 0 p -- c r lip � Y Legend City Limit Sphere of Influence and Planning Areas Riverside County Parcel Boundaries General Plan Designations Low Density Residential Mediumil-ligh Density Residential General Commercial - Tourist Commercial _ Village Commercial IndustriafiLight Manufacturing jE Major Community Facilities Open Space - Natural Open Space - Recreation Street Rights of Way Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 26 r r2 .— — aaam LEGEND RE51LW.Ndl44 ��. VrY Lva DoerrM �uuien Ft• � lno I�`ny fe.Mniir 4,419 �1'lflR!!EI I- N�11n1lpifFereRp FSoti..l�.wN - +4p, G�na(y RwFymr+W VLF" : I N RE5 t"TIRL (SISY CI S rtr *" rMnMMnel GonwrMYcumnmrnr al wkffaM Gann �^ IM � -j s«nw rw�imwwN o mr�un>m �iciComnwc•a+ uc klkx Conn "FPC*M WECOL PURPM DISTRICTS - P.A..m ff ..v lnn - {'ten f_4AY - Own WM 6esrrl]a... dy ftha Vligainsllwl Eaprc L CYMF}OLS 4.gstw7nl� Shw++�Y •,�•� Cb�Una � p�M1r�.7y.4rw Y A9 � 72-o33 mMonfa Rn dG Sr de dfJf Fr3fon ,fle��lt>Fr, C'ei Wf P - -_-- 1rf: .fFdfijlf�'kf rri4uf: civla4.rr.nrN `4rPrFVPa vrcf�p .F'uAur vs Farr: rfd4�J 3RI�+hN •,•b: �rmn:r,r.ne! SCALE KA LOCArION'. DA.7F-� MM. 2D13� CITY Ot --A QUINTA, RIV'ER.$IDE COUNTY.. STATE OF CALIFORNIA A.P.N- 7706-123-011 & 770-124-010 EXHIBIT 3 - EXISTING ZONING THE VILLAS AT OLD TOWN LOTS um. 69-71 R 76-77-M3 aTvFsl.NIQ NWA SWIA SEC. 8. T'j6F ,FLJE. S.M. FOR MARVIN INVESTMENTS- INC. JOB NM 14102 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 27 IN THE CfFY OF LA QVWTA, COUNTY OF OVERME, STATE OF CAUFORNIA SITE PLAN CRAPNIC SCAB OLD TOWN LA QUINTA & THE VILLAS AT OLD TOWN COACHMA VAUEY fNGAIEERS Ff91 p?y.. 2015 { a rRx t I prM•m N __-CALLE TAMPICO LALLE 7AJatC4 _ � ° '.O OLD TOWN LANE �. \, \\ t �/� _ MAIN fi7F€fi �IN r'r AVENIDA,—U FDND I I A AVENIOA- r 1.4r . -----� L —_ lindeground Servce O1°0" FAL DIP App" w911EpM o-+� -.. "'�` uuuNiA eDii: TOOL FR L EM8IIT 4.OVERALL SITE FLAN OF OLD TOWN LA QUINTA 6 fD 1-80D a tr,,,,wyI;ldyt.�,r,.. "'.'-"'•" THE VILLAS AT OLD TOWNfV 227-2s00 eeuwuwc .......,,. 00 = tLULNu r wr`e mi tea. im n - �.w "r.�c'"R`.ux' aA.a.«Eatta.ls. I.� Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 29 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 30 �_ o a 20 JY' 18` 1 4'P2 meow sacMwex wsrM.c ssoe>tuur U ears are tr pnmr o� we cuea a cvnm AC PASE1Rlf AC PAlEWif � � � � d � — m _ W 5 S i CALLS TAMPICO (EXISTING) N.T.S i r P ra• 1 ra• r o�vc our x ovnw A � k rAC PormCJV1 J EF ¢ `Y AVENIDA LA FONDA (EXISTING) N.T.S J $ q� 3 iS y' a z° $ CV ry s Z e ffi �z 0 VW it W v � t W W ~ a Awm A. MAIN STREET(EXISTING) SCALE: 1•-5• 3 sa' ffi• iP': _ aa's is,* ro-^t Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 31 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 32 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 33 c Tr a i w 12" V.C.P. `EWER WAIN Q i t 7 o {_ 8" V.C.P. 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SEWER AWN y s � a I t au• vcP. wiw I a � — � Rai II so o so 0 120 I fIN) I Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 36 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 38 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 39 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 40 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 41 Type Cnionfifin Narne Common Narne diZe Palms Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 42 I Type I Cnientifin Name I Cornmen Name I Size Old Town La Quinta Specific Plan Amendment -12 (SP201§6-000-12 — SP2002-058 Amendment -12) Page 43 I KEY MAP - IL I d I CL ` W 9 un.—.aam- •� r •.r-w — I I u'�' 1 U .mil _ 1 icexc5e�+z. Ca i RECREATIDN AREA uj L u - - l� i ! 01 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 44 MAxV[N INVEMEWS, INC. —%s eleualion BUILDING A THE VILLAS AT OLD TOWN CONCEPT Sri 500NCm deaa0o i,ISh key naes 01 spr I- ION oulor II .03 s1 111h W .03 vn.VI -wig 04 WIC..I-,..ft 05 4o.N,I 08 muaaf hm 1 :07 IrclaE wns<reen oa No canopy osalmur wnoap�l ana ro.n 10 woo03ecllnrel pr dl. 11 ilo[EO dmenl.11711 13 eMho."I.1G phlc 13 [--, w(ates-W 1d ollnreO A,,, Idt,,, color .15 well MOAM 11gh MI, �ANdELInk i559�1rr La Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 45 _ T!J O 7,1 LLI +cnaene I 5 F— • — U key notes cc r.... @ wmm Pk and � !� 1 - El 1 u (@ TRU71l WS Wleq _ .W PVP[dmed swkrsMs T d9 W c.rtyY '�^ c f9 Iu1a�wrdNflNlem YP tl fKdy�" :Y MCOI� Lu 1t ds ,] iramena �k 13 mbi VM4AYu' R'xart wW Ssskm Metelgn 13 x�ll n�waa 1pN frt>R ! BUILDING B MAFMN INVESTMENTS, INC THE VILLAS AT OLD TOWN CDix TA. CAL—RNIA COMCEFT STUDY DNilEt;1�NA SO4IATE`', •';,'� " ... eW Ii. BUILDING B MARYIN INVESTMENT& INC THE VILLAS AT OLD TOWN EFT STUDY RM Y PI aaww•+1ro*+ww roA PI yrynV�bk roU ro o:,.aae PS �maarrd�n or rrcsd b+ecse, W rr.1lbwmeti W3lar, br iP em✓�,C':>xW yyp':x 1S wo5F VM5w •�xuN wbr if PUN.wua x'Xu.V'soM 1S 'wS aKmlp lglV pHUV z r 0 Q LLI J W J Q H f4•uCnn ellYticn LLJ H 2 U cc Q M_ H m 2 x W Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 46 NlAIWIN INVESTMENTS, INC ,A QUINTA, CALIFORNIA MAIN STREET VIEW 1 THE VILLAS AT OLD TOWN CO.CEFT %TUUI M%IELIAN AS A 99 REET VIEW MARYIN INVESTMENTS, INC THE VILMAIN SLAT$ AT OLD TOWN 2 112 0 L-.' c. IF ON- A CONCEPT STuIYY DAN I Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 47 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 48 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 49 The develepment Will GOMPly with the Gity's Fugitive Dust Gentrel PE)"Gies by submitting a DM 10 Plan for approval prier to the icc„anne of a grading permit Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 50 Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 51 NOTE: Specific Plan 2015-0001 (SP 2002-058 Amendment 1) amended the original Specific Plan to include "Part B: Villas at Old Town" from Pages 19-50. Specific Plan 2016-0002 (SP 2002-058 Amendment 2) removed Part B and references to the Villas at Old Town. Old Town La Quinta Specific Plan Amendment -12 (SP201&6-000-12 — SP2002-058 Amendment -12) Page 52 ATTACHMENT 1 Project Information CASE NUMBER: SPECIFIC PLAN 2016-0002 (SP 2002-058 AMENDMENT 2) APPLICANT: CITY OF LA QUINTA PROPERTY OWNER: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF SPECIFIC PLAN AMENDMENT TO REMOVE THE VILLAS AT OLD TOWN PART B FROM THE OLD TOWN SPECIFIC PLAN AND FIND THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATION: SOUTH OF CALLE TAMPICO BETWEEN AVENIDA BERMUDAS AND THE LA QUINTA CIVIC CENTER GENERAL PLAN DESIGNATION: VILLAGE COMMERCIAL ZONING DESIGNATION: VILLAGE COMMERCIAL dul1A:Z9111z1111z10 ZONING/LAND USES: NORTH: VILLAGE COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT SOUTH: VILLAGE COMMERCIAL VACANT, UN -ENTITLED LAND EAST: VILLAGE COMMERCIAL EXISTING COMMERCIAL DEVELOPMENT WEST: MAJOR COMMUNITY FACILITIES CIVIC CENTER CAMPUS a � . : ir C� FM kX j ° • - a iF ' i1Li __ II - _ s I I I' Ir y * p■ 00—MW I T r I IV 74 _ , L .r, F - , :.T ... 1 ;I` .. .. •" � IH ,ems,-� � ` ^''—'I o ®:. 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';�' i 1-• yam, AA AA& __ ALI!i WL. low__. • ! _ ran_ - Vim' YI: E �f _ T r �® r.l !„^"mow •M" �,,`r. - :, 5r , w 7 "ks- � J C R I G',,AL L E S TA`DIO �. � -- I . i "` it16 `1. $� CALLE 'ES I J No a IL rL i I Old Town & Villas Project Area Site Map ATTACHMENT 2 Old Town La Quinta Villas at Old Town RI W E S September 22, 2015 City of La Quinta ,C(, Qw,K& Planning Division —GE!vtqJ ihc.DESER'E— Community Development Departmen ATTACHMENT 3 Old Town La Quinta Specific Plan Specific Plan 2016-0002 (Specific Plan 02-058 - Amendment 2) Table of Contents: Old Town La Quinta 1. Introduction & Setting 1.1 Executive Summary 1.2 Purpose & Intent 1.3 Project Location 1.4 Site Characteristics 1.5 Background & History 1.6 General Plan & Zoning 2. Specific Plan 2.1 Project Description 2.2 Development Objectives 2.3 Land Use Plan 2.4 Circulation 2.5 Parking 3. Development Standards 3.1 Overview 3.2 Variations from LQMC 4. Design Guidelines 4.1 Architectural Guidelines 4.2 Landscape Guidelines 5. Plan Administration 5.1 Amendment 5.2 Interpretation 5.3 Enforcement 6. General Plan Consistency 6.1 Overview 6.2 Consistency Analysis Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 2 List of Exhibits 1 Aerial photograph 2 Existing land use 3 Existing zoning 4 Overall site plan of Old Town La Quinta 5 Plaza Landscape Plans Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 3 1. INTRODUCTION & SETTING 1.1 EXECUTIVE SUMMARY Old Town La Quinta currently consists of five buildings totaling approximately 102,000 square feet of offices, retail shops, services, restaurants, and event lawn on approximately 6 acres of property. See Exhibits 1 and 4. This Specific Plan Amendment will allow for the following: Closure of Linden Lane in front of The Grill on Main and La Rue Wine Bar between Main Street and Avenida La Fonda to create an outdoor plaza for dining, drinking, and live music. Construction of an exterior staircase to access the large second floor restaurant at 78065 Main Street. Conversion of existing office space to future residential use. Blanket approval for art, music, farmers market, and other events with fewer than one thousand attendees at a time within Old Town. Applicant may seek building department approval for a roof deck for restaurant and music not to exceed 3,000 square feet. Vacant pad at the southeast corner of Calle Tampico and Avenida Bermudas (previously entitled for up to a 27,000 square foot building) will be converted into a paved parking lot. Additional square footage in the existing buildings to be used for food related uses (i.e. restaurants, juice bar, tap room, bakery, etc.). No new buildings are proposed as part this of the Specific Plan Amendment. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 4 Exhibit 1: Aerial photograph depicting the site and existing development 1.2 PURPOSE & INTENT The purpose of this Specific Plan Amendment is to set forth the detailed development principles, guidelines, and programs to facilitate the redevelopment of the existing Old Town La Quinta project. This Specific Plan is intended to meet the requirements for a Specific Plan as set forth in State law. The State authorizes cities and counties to adopt Specific Plans as an appropriate tool in implementing their General Plans. Such a plan is to include the detailed regulations, conditions, programs, and any proposed legislation that is necessary for the systematic implementation of the General Plan. The Specific Plan provides the linkage between the General Plan, the general goals and policies of the City, and the detailed implementation of that plan with tools such as zoning ordinances, subdivision ordinances, and the like. The Government Code (Section 65451) sets forth the minimum requirements of a Specific Plan and states: A Specific Plan shall include a text and diagram or diagrams, which specify all of the following in detail: Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 5 1. The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. 2. The proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described by the plan. 3. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. 4. A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs (1), (2), and (3)." The Specific Plan shall include a statement of the relationship of the specific plan to the General Plan. The establishment of specific performance, design, and development standards is set forth to guide the development of the subject property in such a way as to implement the General Plan while maintaining some flexibility to respond to changing conditions which may be a factor in any long term development program. The document also acts to augment the City's Zoning Ordinance by providing particular design guidelines, a tailored list of allowable, conditionally allowable, and prohibited uses for the site, and unique development standards. 1.3 PROJECT LOCATION Old Town La Quinta is located east of Avenida Bermudas, south of Calle Tampico, north of Avenida La Fonda and west of Desert Club Drive. In addition, it includes two parking lots south of Calle Tampico east of Desert Club Drive. Calle Tampico is designated a Primary Arterial according to the City's General Plan. Property to the north, across Calle Tampico between Avenida Bermudas and Desert Club Drive contains an Embassy Suites Hotel with 145 rooms and 72-unit casitas, the Sandbar restaurant, a Circle K and a Mexican market and vacant commercial pads. Both of the intersections are fully signalized. To the west of Old Town are a City -owned paved parking lot, a thrift store, and two vacant lots. To the south of Old Town, across Avenida La Fonda, is The Crab Pot, vacant lots, and a liquor store. To the east of Old Town is City -owned vacant land and a Verizon facility. 1.4 SITE CHARACTERISTICS The site is flat and is developed with streets, buildings, landscaping, sidewalks, and parking lots. There is one approximately 0.4 acre parcel at the corner of Calle Tampico and Bermudas, which is a grass and dirt pad. Public streets surround the site. 1.5 BACKGROUND AND HISTORY The first phase and existing streets in Old Town were built in 2002-2003. The second phase was completed in 2007. Old Town provides visitors with office space, a bank, restaurants, bars, retail stores, salons, and services. It is a place for locals, snowbirds, and visitors to the Valley to Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 6 shop, stroll and dine. It also provides a location for a farmers market, Art Under the Umbrellas, Taste of La Quinta, Fall Family Festival, and many other events utilizing the event lawn and Main Street. 1.6 GENERAL PLAN & ZONING Implementation of this Specific Plan is intended to carry out the goals and policies contained in the General Plan of the City of La Quinta in a planned and orderly fashion. The site has a designation of VC, Village Commercial. The Land Use Map of the 2013 General Plan for the site is shown in Exhibit 2. The property is already properly planned and zoned for the uses proposed. Exhibit 3 depicts the zoning on the site and the surrounding parcels. The City of La Quinta requires a Village Use Permit or Specific Plan to establish an overall master development plan for property located with the Village Commercial (VC) zoning classification. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 7 Exhibit 2: Existing land use Exhibit 3: Existing zoning The Villane inset `sorb k re„ue — ems. ,.. ar rrtr W LfC YC RY N IRL 1 11G MC. Cai[eIantpi- � �.• o ----------------- s (M� �- OL 10.00 RM 11 "c` 1r1 1711110 "G.-M.G.-rnp;4 Legend City Limit Sphere of Influence and Planning Areas Riverside County Parcel Boundaries General Plan Designations Low Density Residential Mediumffgh Density Residential General Commercial Tourist Commercial 'Village commercial I ndu stri al1ig ht Manufacturing Major community Facilities Open Space - Natural Open Space - Recreation —] Street Rights of Way Legend RESIDENTIAL NONRESIDENTIAL DISTRICTS Medium Density Residential Regional Commercial Low Density Residential Commercial Park - Medium High Density Residential - Office Commercial - High Density Residential Neighborhood Commercial Very Law Density Residential Major Community Facilities ® Cove Residential Industrial VILLAGE COMMERCIAL Community Commercial = Village Commercial Tourist Commercial SPECIAL SYMBOLS SPECIAL PURPOSE DISTRICTS ` --- Overlay Areas Parks and Recreation Low Density Agriculture/Equestrian - Open space Residential Overlay Equestrian Overlay Golf Course City Limit Floodplaln Sphere of Influence and Planning .Areas Riverside County Parcel Boundaries Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 8 Exhibit 4: Old Town La Quinta Overall Site Plan ' x t r M MWIM t I IN h , f III W Mft ir Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 9 2. SPECIFIC PLAN 2.1 PROJECT DESCRIPTION There are a few changes to the physical appearance and land uses of Old Town proposed by this Specific Plan Amendment. The physical changes to Old Town are proposed as follows: The permanent improvement of the parking lot at the corner of Avenida Bermudas and Calle Tampico into a new paved parking lot with 42 parking spaces, with associated landscaping, lighting and irrigation. This lot was originally designed to allow for the construction of a two-story building containing up to 27,000 square feet of retail and office space, but has been used as a parking lot for the last ten years. Closure of Linden Lane, between Main Street and Avenida La Fonda, in front of The Grill on Main and La Rue Wine Bar. This street closure would allow for the installation of a pedestrian -oriented plaza to be used for events and for additional dining and bar areas for the adjacent restaurants. See Exhibit 5 Plaza Plans. Addition of an exterior staircase leading to the second floor patio/restaurant space of the building located at 78065 Main Street. This staircase would allow for direct access to that restaurant from the plaza to enhance the customer experience. This staircase would be in addition to the existing two internal building staircases and one elevator used to access this restaurant space now. Cables and lights would be added for both shade and lighting above the plaza area. Roof decks not to exceed 3,000 square feet each could be added to 78065 Main Street and 78085 Main Street to incorporate dining and bars. The changes in use in Old Town are proposed as follows: The percentage of restaurant space allowed would be changed from 20,400 square feet (16% of the 127,500 square feet of existing entitlements) to 34,000 square feet. This increase is needed to meet market demand and is justified by the addition of both on -site parking in Old Town and the elimination of one 27,000 square foot building from the approvals. This 34,000 square feet of restaurants would include conditioned space and enclosed patios. It would not include beer garden on the plaza or potential roof deck. The conversion at some point in the future of some or all of the office space located on the second floor of Old Town to use as residential units. A maximum of 30 new condominium units of one to three bedrooms would be created in what are now offices. These condominiums would range in size from 850 to 2,400 square feet. One reserved parking space per unit would be delineated or private garages, built over existing parking places, would be built on site for these condominiums. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 10 The creation of the outdoor dining and bar area with fire pits, fountains, and outdoor music to allow for the adjacent restaurants to serve customers in a festive and inviting environment. This outdoor venue would not be counted in the restaurant space limitation because it would only be used seasonally and for special events. A valet parking area may be created on the Main Street side of the plaza. These valet parking areas would be completely out of existing vehicular paths of travel, and would not interrupt traffic. Valet parking will use existing parking spaces but will allow more cars to park in the same area. This amendment will allow an exemption from Temporary Use Permits for events held on the property which is part of this Specific Plan for arts festivals, farmer's markets, music festivals and similar public events with total attendance of less than 1,000 people. Applicable Alcohol Beverage Control and County Health Permits will still be required. Police and Fire standards will be observed. City will review special event usage with applicant annually. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 11 Exhibit 5: Plaza Plans LIGHTING / WIRE STUDY OLD TOWN PLAZA - PRELIMINARY LANDSCAPE PLAN \ G O Q 0 o p s On ° o a a (SITE FURNISHING STUDY qy, LD TOWN PL0.ZA O PR ELI NINARY LANDSCAPE PLAN tia9 ce a HARDSCAPE CONCEPT OLD TOWN PLAZA PREL ININARY LANDSCAPE PLAN I Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 12 2.2 DEVELOPMENT OBJECTIVE The objective of this amendment to the Specific Plan is to allow for the continued, but enhanced enjoyment of Old Town by both tenants and the public. It will allow for more variety of restaurants, tap rooms, bars and food concessions. It will also give the flexibility to allow people to live at Old Town at some future date when the market justifies by conversion of office space to residences. It will further allow for more public events and pedestrian friendly areas for relaxation away from cars and traffic. Finally it provides for more paved parking for both tenants and guests. 2.3 LAND USE PLAN The land use is being changed by eliminating one approved building, building a paved parking lot, closing off Linden Lane for a pedestrian plaza and conversion of buildings into mixed use (including residential uses). 2.4 CIRCULATION PLAN The existing circulation in and around Old Town will not change except for the elimination of the Linden Lane connection between Avenida La Fonda and Main Street. The elimination of this two hundred foot section of street will not change the circulation as two-way traffic will continue on Avenida La Fonda and Main Street with connections to Desert Club Drive and Avenida Bermudas using either street. The new parking lot being created at the corner of Calle Tampico and Avenida Bermudas will have an entry and exit point into the existing driveway (street in the middle of the site). This access point is adjacent to and utilizes the existing access to Calle Tampico. In this way this parking lot can be safely entered and exited during events using the event lawn and even the parking lot adjacent to the event lawn. This will add flexibility to event planning and parking. 2.5 PARKING 176 parking spaces are provided on -site and another 42 will be added by the construction of the new parking lot at the corner of Calle Tampico and Avenida Bermudas. Five spaces will be lost when the plaza is constructed. Approximately 220 spaces are available off -site for a total of nearly 440 parking spaces. These off -site spaces are located near to the site (within 300 feet) on the east side of Desert Club Drive, on Avenida La Fonda and in the two public parking lots on the west side of Avenida Bermudas. The plan proposes to use the City's allowed method for alternative parking standards. The site has been designed to promote pedestrian mobility, as suggested in the City of La Quinta Village Design Guidelines, by grouping of mixed uses and using design elements such as ample shading, a central plaza, seating areas and decorative paving. This design will encourage people from nearby businesses and residences to walk to the site, thereby reducing the need for on -site parking. The plan anticipates using a shared parking arrangement as permitted in the City Zoning Ordinance Section 9.150.070. This statement maintains that parking for non-residential uses shall be within 300 feet of the uses served by the parking and shall be located in a commercial district. In addition, the sit-down restaurants will be open during evening hours, when most office Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 13 and retail uses will be closed. A significantly larger number of parking spaces will be available during the hours for restaurant use. This method of providing spaces through shared parking will reduce the number of automobiles on the site. This is important for the design concept of a pedestrian oriented commercial village. Forty-two new parking spaces will be added to Old Town with the new parking lot. Closing Linden Lane will eliminate five spaces. These new spaces as well existing parking, adjacent City owned parking lots and nearby streets will supply adequate parking for events and everyday use. Parking for residential use will be by one reserved space per residential unit or private garages to be built at time of conversion to residential. These garages will be built on existing surface lots owned by Old Town. 3. DEVELOPMENT STANDARDS 3.1 OVERVIEW The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. 3.2 VARIATIONS FROM LQMC No new variances from the LQMC are proposed. 4. DESIGN GUIDELINES 4.1 ARCHITECTURAL GUIDELINES No changes to the design guidelines are proposed. 4.2 LANDSCAPE GUIDELINES. No changes to the landscape guidelines are proposed. 5. PLAN ADMINISTRATION 5.1 AMENDMENT This chapter describes the procedures for administration and implementation of the Specific Plan. The Specific Plan establishes the general intent and comprehensive framework for development of the community. Minor modifications that are consistent with the purpose and intent of the current Old Town Specific Plan are allowed at the discretion of the Design and Development Director or designee. Therefore, it is intended that this Specific Plan provide City Staff with the Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 14 flexibility to interpret the details of project development as well as those items discussed in general terms in the Specific Plan without requiring a Specific Plan Amendment. Requests for administrative changes shall be made in writing. If and when it is determined that changes or adjustments are necessary or appropriate, the Design and Development Director or designee shall approve these administratively. After approval, any such amendment will be attached to the Specific Plan as an addendum and may be further changed and amended from time to time as necessary. Administrative Changes Representative examples of such changes may include, but are not limited to: The addition of new information to the Specific Plan maps or text that do not substantially change the effect of any regulation. The new information may include more detailed, site- specific information. Changes to community infrastructure such as drainage systems, roads, water and sewer systems, etc. Modification of architectural or landscape design criteria or details. No changes to the existing criteria for architecture or landscaping are being proposed. The applicant is responsible for coordinating an annual review of special events with the Design and Development Department. Subject to this review, the Department may revise or revoke the exemption from Temporary Use Permits. 5.2 INTERPRETATION Where there is ambiguity between the Specific Plan and the Zoning Code, the Design and Development Director shall review pertinent information and make a determination as to which code or standard applies. All determinations shall be in writing and shall be attached to the Specific Plan as noted under Administrative Changes, earlier in this section. All uses not specifically listed in this Specific Plan are prohibited. However, the Design and Development Director may determine that a use not listed is included within or comparable to a listed use and, once so determined; it shall be treated in the same manner as a listed use. 5.3 ENFORCEMENT The City of La Quinta shall administer the provisions of the Old Town Specific Plan in accordance with the State of California Government Code, Subdivision Map Act, the City of La Quinta General Plan, and the City of La Quinta Municipal Code. The Specific Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City's Municipal Code, as they currently exist or may be amended in the future. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 15 All regulations, conditions, and programs contained herein shall be deemed separate distinct and independent provisions of this Specific Plan. In the event that any such provision is held invalid or unconstitutional, the validity of all the remaining provisions of this Specific Plan shall not be affected. Any development regulation and building requirement not addressed in this Specific Plan shall be subject to all relevant City of La Quinta ordinances, codes, and regulations. The enforcement of the provisions of this Specific Plan shall be by the following: The City of La Quinta Design and Development Department shall enforce the development standards and design guidelines set forth herein. Any administrative decision or interpretation of this Specific Plan may be appealed to the Planning Commission. Likewise, any decision by the Planning Commission may be appealed to the City Council per 9.200.120 LQMC provisions. 6. GENERAL PLAN CONSISTENCY 6.1 OVERVIEW It is consistent in style, theme and spirit of surrounding development in the Village. The plan carefully pays tribute to often stated City planning goals of creating a Village which is pedestrian friendly and which offers residents both commercial and residential uses in a cohesive historical context. 6.2 CONSISTENCY ANALYSIS The uses and development standards shall be generally in accordance with the provisions of the La Quinta Zoning and General Plan regulations. Should conflict occur between the regulations and the Plan, the provisions of the Plan and supporting text shall prevail. In addition to the permitted uses of the Village Commercial zoning temporary outdoor events may be permitted in accordance with Section 9.100.140 of the Zoning Ordinance. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 16 NOTE: Specific Plan 2015-0001 (SP 2002-058 Amendment 1) amended the original Specific Plan to include "Part B: Villas at Old Town" from Pages 19-50. Specific Plan 2016-0002 (SP 2002-058 Amendment 2) removed Part B and references to the Villas at Old Town. Old Town La Quinta Specific Plan Amendment 2 (SP2016-0002 — SP2002-058 Amendment 2) Page 17 PLANNING COMMISSION PH 2 STAFF REPORT DATE: FEBRUARY 14, 2017 CASE NUMBER: ZONING ORDINANCE AMENDMENT 2017-0001 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 9.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STANDARDS AND CRITERIA FOR THE ESTABLISHMENT OF ACCESSORY DWELLING UNITS WITHIN RESIDENTIAL DISTRICTS 1111G1_A I to] 3 C�lI�'O�i�Il�7� CEQA: THE PROPOSED ZONING CODE ARE EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT TO SECTION 15061(B)(3), REVIEW FOR EXEMPTIONS- GENERAL REVIEW AND DOES NOT REQUIRE FURTHER ENVIRONMENTAL REVIEW. RECOMMENDED ACTION Adopt a resolution recommending to the City Council approval of Zoning Ordinance Amendment 2017-0001, approving amendments to Chapter 9.60 of the La Quinta Municipal Code and a finding of exemption from CEQA. EXECUTIVE SUMMARY California recently adopted new laws to make it easier for property owners to create accessory dwelling units. The new laws require local agencies to adopt a new ordinance regulating accessory units by January 1, 2017. Amendments to Section 9.60.090, Second Residential Units, of the La Quinta Municipal Code are required for consistency with new state law. BACKGROUND/ANALYSIS New state laws, Assembly Bill 2299 and Senate Bill 1069, took effect January 2017 amending the state law governing second dwelling units. The new laws require California cities and counties to adopt or amend their local ordinances in compliance Page 1 of 2 with new state law. The new state law reduces regulatory barriers for the construction of accessory dwelling units such as reductions or exemptions from parking requirements and reduced utility connection fees for second units. A set of standards apply for second units created within an existing residential structure and another set for new second units, attached or detached, that create additional living space. Accessory dwelling units are regulated by Section 9.60.090, Second Residential Units, of the La Quinta Municipal Code. The City Attorney and staff conducted a consistency analysis of existing Code with the new state laws and recommend certain code amendments. The standards of Second Residential Units, Section 9.60.090, are proposed to be modified as follows: Replace references to Second Residential Units with references to Accessory Dwelling Units. Establishes new standards for accessory dwelling units within existing primary structure and units not within existing structures Require accessory dwelling unit permitting as a ministerial process. No requirement for new or separate utility connection for accessory dwelling units proposed within an existing primary structure. Parking spaces for new accessory dwelling units can be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. Parking requirements may be waived under certain circumstances such as accessory dwelling units located within half a mile of public transit or a car share vehicle is located within one block of the accessory dwelling unit. Following Planning Commission consideration, the Code amendments are scheduled for a public hearing before City Council on March 7, 2017. If approved by City Council, the Code amendments are expected to become effective April 20, 2017. AGENCY AND PUBLIC REVIEW Public Notice: This project was advertised in The Desert Sun newspaper on February 3, 2017. To date, no comments have been received from the public or other City Departments. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(B)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. Prepared by: Gabriel Perez, Planning Manager Page 2 of 2 PLANNING COMMISSION RESOLUTION 2017 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 9.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STANDARDS AND CRITERIA FOR THE ESTABLISHMENT OF ACCESSORY DWELLING UNITS WITHIN RESIDENTIAL DISTRICTS CONSISTENT WITH CALIFORNIA GOVERNMENT CODE SECTION 65852.2 CASE NUMBER: ZONING ORDINANCE AMENDMENT 2017-0001 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of February, 2017, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Chapter 9.60 of the La Quinta Municipal Code, as identified by Title of this Resolution; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(B)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on February 3, 2017, as prescribed by the Municipal Code; and, WHEREAS, the proposed amendments are necessary to implement Assembly Bill 2299 and Senate Bill 1069, effective January 1, 2017, governing the regulation for accessory dwelling units, and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to recommend approval of said Zoning Ordinance Amendment to the City Council: 1. Consistency with General Plan The code and map amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy H-1.1, identify adequate sites to accommodate a range of product types, Planning Commission Resolution 2017 - — Zoning Ordinance Amendment 2017-0001 Applicant: City of La Quints Adopted: February 14, 2017 Page 2 of 3 densities, and prices to address needs of all household types, lifestyles, and income levels; Policy H-3.1, remove unnecessary regulatory constraints to enable construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. 2. Public Welfare Approval of the code amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendments assist in implementation of the General Plan 2035 Housing Element and do not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2017-0001, as set forth in attached Exhibit A, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held this 14th day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California Planning Commission Resolution 2017 - — Zoning Ordinance Amendment 2017-0001 Applicant: City of La Quints Adopted: February 14, 2017 Page 3 of 3 ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California EXHIBIT A 1 9.60.090 S,.eene 4e-n— Accessory dwelling units. A. Purpose. This section provides standards and criteria for the establishment of mod -accessory dwelling units within residential districts, consistent with California Government Code Section 65852.2. S2eend- Accessory dwelling units shall be permitted only in the RVL, RL, RC, RM, RMH, and RH zone districts. B. Definitions. For the purpose of these development standards, the following definitions shall apply: 1. "Primary unit" means a single-family or multifamily residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot. 2. "-end Accessory dwelling unit" In accordance with Government Code Section 65852.2(i)(4), end -accessory dwelling unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. An accessory dwelling seeend-unit also includes the following: a. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; b. A manufactured home, as defined in Section 18007 of the Health and Safety Code. C. Standards for Accessory Dwelling Units within Existing Structures. An accessory dwelling unit within an existing space, including the primary structure, attached or detached garage or other accessory structure, shall be permitted ministerially with a building permit regardless of all other standards within this chapter if it complies with: 1. All state building and safety codes; 2. Independent exterior access from the existing residence; and 3. Sufficient side and rear setbacks for fire safety. D. Standards for all other mod -Accessory Dwelling Units. The following standards shall apply to seeend accessory dwelling units not within existing structures, and, subject to Subsection E of this section, an accessory dwelling unit shall be permitted ministerially with a building permit if all of the following standards are met: 1. An seeend accessory dwelling unit shall be consistent with the provisions of the applicable zoning district in which it occurs. 2. An seeenEiaccessory dwelling unit shall only be permitted on a lot in which the primary unit and all other structures thereon conform to all minimum requirements of the applicable zoning district. 3. The lot shall contain an existing primary unit at the time an application for an accessory dwellingseeend- unit is submitted, or the 26532633/0156100'3610-0002000zz 10575249105752n90 2 a02/10/17^mii nii o^m innii �^rninwi o^nninninn application for the mod -accessory dwelling unit may be made in conjunction with the development of the primary unit. 4. The owner of the lot shall reside on the lot, either in the primary unit or in the eeeendaccessory dwelling unit. Prior to issuance of occupancy approval of the seeend accessory dwelling unit, the property owner shall enter into a restrictive covenant with the city regarding such owner - occupancy requirement on a form prepared by the city, which shall be recorded against the property. Such covenant shall further provide that the seeend- accessory dwelling unit shall not be sold, or title thereto transferred separate from that of the property. If the owner ceases to reside on the property, use of the seeend accessory dwelling unit shall be discontinued (a) if it is an attached seeend accessory dwelling unit, the unit shall be converted into a portion of the primary unit, or (b) if it is a detached eeeendaccessory dwelling unit, the unit shall be removed or converted to a legal use. The director may grant temporary relief from this owner -occupancy requirement. 5. The maximum gross floor area of an seem accessory dwelling unit shall not exceed thirty percent of the square footage of the primary unit or one thousand two hundred square feet whichever is less. 6. The minimum gross floor area of an accessory dwellingseeena unit shall be four hundred square feet, unless the accessory dwelling unit is an efficiency unit, in which case the minimum gross floor areas shall be one hundred fifty square feet. . A seeend anit shall have ne ,.r-e than tw bedr-ems . 74. The total gross floor area of all covered structures, including an attached accessory dwelling seeend unit, shall not exceed the lot coverage area as prescribed by the applicable zoning district. 8-4. The seeend accessory dwelling unit shall be architecturally compatible with the primary unit. If a dispute arises whether the accessory dwelling unit is architecturally compatible with the primary unit, review of the application for the accessory dwelling unit shall be processed as any other design review application under the code but limited to the determination of architectural compatibility. For purposes of this section, "architecturally compatible" means that the accessory dwelling unit generally has the same or substantially similar architectural style, construction and structure materials, paint pal-lette or scheme, and other prominent design features, as the primary structure. 93G. No attached eeeendaccessory dwelling unit shall cause the height of the primary unit to exceed the height limitation for the applicable zoning district. if the-at+idseeend unit is net le;.gabeve-any pertien of the - eiEls it, the of si1eh :aarit shall net em.�e- he=ht of thepE,fRaLay unit. !I. A Eietaehed seeend :anit shall net eiEeeed seventeen feet in height nelc rRel=e 1044. An attached eeeendaccessory dwelling unit may have a separate entrance; provided, however, in no event shall any external stairwell be placed within the front or side yard setback. 26532633/0156100'3610-0002000zz 10575249105752n90 2 02/10/17a0 iiniio..min�wio nninni -2- 3-311. An accessory dwelling seeend—unit shall contain separate kitchen and bathroom facilities, unless the accessory dwelling unit complies with the reauirements in Subsection C of this section. 12. An accessory dwelling unit and shall be metered separately from the primary dwelling for gas, electricity, communications, water, and sewer services, unless the accessory dwelling unit complies with the requirements in Subsection C of this section.. 4413. All attached seeend—accessory dwelling units shall be equipped with approved smoke detectors conforming to the latest Uniform Building Code standards, mounted on the ceiling or wall at a point centrally located in an area giving access to rooms used for sleeping purposes. 3-&14. In addition to the required parking for the primary unit, zliat the seeend anit ;sad —Gone parking space shall be provided for each ,atadie—accessory bedroom or unit, in accordance with the applicable parking regulations. Pdeari-anee-eLc adjustment shall: be ;_ante,, to allew sidbstanelard parl4ng spaees—ar !eeat ens. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non -driveway front yard setback. These parking requirements shall not apply in the followina instances: a. The accessory dwelling unit is located within one-half mile of ublic transit, includinc transit stations and bus stations. b. The accessory dwelling unit is located within an architecturally and historically significant district. c. On -street parking permits are required but not offered to the occupant of the accessory dwellina unit. d. There is a car share vehicle located within one block of the accessory ctweiiing unit. e. The accessory dwelling unit is parking of an existing primar residence or existing accessory structure. 4-615. All construction, structural alterations or additions made to create an wend —accessory dwelling unit shall comply with current building, electrical, fire, plumbing and zoning code regulations. 1416. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail. 4417. The applicant shall pay to the city all applicable fees imposed on such new development. E. If an application for an accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit discretionary review under the code, nothing in this section precludes the processing and discretionary review of those other applications pursuant to those other provisions in the code. 26532633/0156100'3610-0002000zz 10575249105752n90 2 02/10/17a0 iiniio..min�wio nninni -�- 26532633/0156100'3610-0002000zz 10575249105752n90 2 02/10/17a0 iiniio..min�wio nninnW -4- PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 14, 2017 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA FINDING THE PROPOSED VACANT LAND PURCHASE BETWEEN THE CITY OF LA QUINTA AND BT- LJMJM, LLC, FOR CERTAIN PROPERTY LOCATED NEAR THE INTERSECTION OF EISENHOWER DRIVE AND AVENIDA FERNANDO CONSISTENT WITH THE GENERAL PLAN 2035 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15301, 15303, AND 15304 OF THE STATE CEQA GUIDELINES BECAUSE THE ACQUISITION WILL RESULT IN A CONTINUATION OF EXISTING TOPOGRAPHICAL FEATURES WITH NEGLIGIBLE OR NO EXPANSION OF USE, AND ANY FUTURE INSTALLATION OF NEW EQUIPMENT OR FACILITIES WILL BE FOR OPEN SPACE AND DRAINAGE INFRASTRUCTURE IMPROVEMENTS AND INVOLVE ONLY MINOR ALTERATIONS IN LAND AND LANDSCAPING LOCATION: NORTHWEST CORNER OF EISENHOWER DRIVE AND AVENIDA FERNANDO (APNs 658-170-015, -016, and 658-420-031) RECOMMENDED ACTION Adopt a resolution confirming that the proposed land purchase between the City of La Quinta and BT-LJMJM, LLC is consistent with the General Plan 2035. EXECUTIVE SUMMARY A 2016 Focused Hydrology Study identified using a portion of the last remaining vacant property on Eisenhower Drive as part of a greater drainage solution for Eisenhower Drive (between Washington Street and Avenue 50). The last large remaining vacant parcel (Attachment 1) was in the entitlement process when the owner's agent approached the City regarding having the City purchase this property for flood mitigation. The City Council approved a purchase agreement and joint escrow instructions between the City of La Quinta and BT-LJMJM ,LLC, for the purchase a 10.4-acre vacant parcel for $4,500,000 over a 24-month period; the unpaid principal would accrue simple interest at 3.5%. Page 1 of 3 BACKGROUND/ANALYSIS In February 2016, the City received a Focused Area Drainage Study (Study) that identified measures to mitigate flooding on Eisenhower Drive. The Study indicated that the ultimate drainage solution would, at a minimum, require a $10 million investment. This solution entails constructing a concrete box culvert under Eisenhower Drive from Washington Street west and south to the Evacuation Channel, and utilizing a portion of the last remaining vacant parcel (Property) for retention. If the entire Property was used for retention, constructing the concrete box culvert could be delayed, or if a perfect solution was not desired, not built. The Property is the last large vacant parcel in this area. BT-LJMJM, LLC. (Owner) was seeking entitlement for a 67-unit resort condominium community (Quail Ridge) on the 10.4-acre site. Attachment 1 presents the Property. In September 2016, the Owner's representative approached staff regarding the City's interest in purchasing the Property for flood mitigation. The City subsequently commissioned a real property appraisal to identify current market value. Lidgard and Associates of Orange, California (Lidgard) were retained; Lidgard submitted an appraisal report that identified a value of $10 per square foot for the 454,766 square -foot parcel or $4,550,000. The Owner's agent indicated that the Owner has invested $3,600,000 and was seeking $4,500,000. The City Council, at its regular meeting of February 7, 2017, approved a resolution approving the Vacant Land Purchase Agreement and Joint Escrow Instructions (Agreement), finding that the purchase is exempt from environmental review, and authorizes the City Manager to execute required documents and take actions to carry out the terms of the Agreement. The Agreement (Attachment 2) outlines the following purchase terms: A purchase price of $4,500,000 An initial deposit of $100,000, deposited no later than 21 days after the City Council approves the Agreement (this deposit is applied to the purchase price) A payment of $2,250,000 at the close of escrow with the Owner providing a loan for the remaining balance of $2,250,000 The remaining balance would accrue simple interest at 3.5% and two payments of $1,166,474.10 each would be made 12 and 24 months after the close of escrow A 30-day due diligence period (since the Owner was processing entitlements the City has received and reviewed a variety of documents and reports, thus the short due diligence period) Page 2 of 3 Escrow would close and the property transfer would occur on March 24, 2017 Government Code 65402 requires that the Planning Commission confirm that the purchase of property is consistent with the city's General Plan by resolution. A resolution has been prepared for Planning Commission consideration with General Plan consistency findings. ENVIRONMENTAL REVIEW Pursuant to Sections 15301, 15303, and 15304 of the State CEQA Guidelines, the City Council has determined that the acquisition of the property is exempt from environmental review under CEQA because the acquisition will result in a continuation of existing topographical features with negligible or no expansion of use, and any future installation of new equipment or facilities will be for open space and drainage infrastructure improvements and involve only minor alterations in land and landscaping. Prepared by: Gabriel Perez, Planning Manager Attachments: 1. Site Map 2. Purchase Agreement Page 3 of 3 RESOLUTION NO. 2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA FINDING THE PROPOSED VACANT LAND PURCHASE BETWEEN THE CITY OF LA QUINTA AND BT-LJMJM, LLC, FOR CERTAIN PROPERTY LOCATED NEAR THE INTERSECTION OF EISENHOWER DRIVE AND AVENIDA FERNANDO CONSISTENT WITH THE GENERAL PLAN 2035 WHEREAS, the City Council of the City of La Quinta, California did, on the 7th, day of February, 2017 approve a land purchase agreement and joint escrow instructions between the City of La Quinta and BT-LJMJM, LLC for certain vacant property near the intersection of Eisenhower Drive and Avenida Fernando comprising of 10.4 acres, more particularly described as: APN: 658-170-015, 658-170-016, and 658-420-031 WHEREAS, the availability of vacant land continues to diminish in the community and timely securing of property for future infrastructure development, including potential drainage improvements, is of utmost importance; and WHEREAS, the availability of vacant land continues to diminish in the community and timely securing of property for future infrastructure development, including potential drainage improvements, is of utmost importance; and WHEREAS, pursuant to Sections 15301, 15303, and 15304 of the State CEQA Guidelines, the City Council has determined the acquisition of the property is exempt from environmental review under CEQA because the acquisition will result in a continuation of existing topographical features with negligible or no expansion of use, and any future installation of new equipment or facilities will be for open space and drainage infrastructure improvements and involve only minor alterations in land and landscaping. WHEREAS, the Planning Commission of the City of La Quinta did make the following mandatory finding pursuant to Government Code 65402 to justify said vacant land purchase: 1. Consistency with General Plan The proposed vacant land purchase is consistent with the La Quinta General Plan Goal FH-1, Protection of the health, safety and welfare of the community from flooding and hydrological hazards; and Goal ES-1, an effective and comprehensive response to all emergency service needs. Resolution No. 2017- General Plan Consistency- Purchase Agreement - BT-LJMJM, LLC. Adopted: Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct and incorporated herein. SECTION 2. That the Planning Commission of the City of La Quinta hereby finds and determines that the acquisition of said property is consistent with the La Quinta General Plan 2035. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 14th day of February, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEL PEREZ, Planning Manager City of La Quinta, California r � n . � III LY' �, 1 •r T."R r �- � �r a •!'h +� , '� :.'` x OL dA � w O o is + ��' -_ � L _ i'•,L � � 1- „! 1 ip Y Exhibit 1.3 Aerial Photo Local Setting 7 C A L I F O R N I A VACANT LAND PURCHASE AGREEMENT � �� ASSOCIATION AND JOINT ESCROW INSTRUCTIONS �� O F R E A L T O R S® (C.A.R. Form VLPA, Revised 12/15) ATTACHMENT 2 Date Prepared: January 31, 2017 1. OFFER: A. THIS IS AN OFFER FROM The City of La Quinta, a Calffomia Municipal Corporation and Charter City ("Buyer"), B. THE REAL PROPERTY to be acquired is Approx. 10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Fernando , situated in La Quinta (City), Riverside (County), California, 92253 (Zip Code), Assessor's Parcel No. See next ("Property'). Further Described As APNs 658-170-015 & 016 and 658-420-031 See also attached Legal Description Exhibits "A&B" . C. THE PURCHASE PRICE offered is Four Million, Five Hundred Thousand Dollars $ 4,500,000.00 D. CLOSE OF ESCROW shall occur on LX March 24, 2017 (date) (or LJ Days After Acceptance). E. Buyer and Seller are referred to herein as the "Parties." Brokers are not Parties to this Agreement. 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a R "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent La Quinta Palms Real (Print Firm Name) is the agent of (check one): R the Seller exclusively; or H both the Buyer and Seller. Selling Agent La Quinta Palms Real (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): LJthe Buyer exclusively; or the Seller, exclusively; or❑ both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a ® "Possible Representation of More than One Buyer or Seller - Disclosure and Consent" (C.A.R. Form PRBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of ........................................ $ 100,000.00 (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, ❑ cashier's check, ❑ personal check, ❑ other within 3 business days after Acceptance (or Prior to February 22,2017 ); OR (2)❑ Buyer Deposit with Agent: Buyer has given the deposit by personal check (or ) to the agent submitting the offer (or to ), made payable to . The deposit shall be held encashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ... $ within Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. ❑ ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or ❑ Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of ......... .... .. ............................ $ 2,250,000.00 This loan will be conventional financing or ❑ FHA, ❑ VA, R Seller financing (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form AFA), ❑ subject to financing, ❑ Other . This loan shall be at a fixed rate not to exceed 3.500 % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) ❑ SECOND LOAN in the amount of ... ........................... ............. $ This loan will be conventional financing or Seller financing (C.A.R. Form SFA), E] assumed financing (C.A.R. Form AFA), E] subject to financing] Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHA/VA: For any FHA or VA loan specified in 31)(1), Buyer has 17 (or _ ) Days After Acceptance to Deliver to Seller written notice (C.A.R. Form FVA) of any lender -required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seller has no obligation to pay or satisfy lender requirements unless agreed in writing. A FHA/VA amendatory clause (C.A.R. Form FVAC) shall be a part of this transaction. E. ADDITIONAL FINANCING TERMS: See Item 1, on Addendum ONE in lieu of CAR Form SFA. Buyer's Initials ( ) ( ) © 1996-2015, California Association of REALTORS®, Inc. VLPA REVISED 12116 (PAGE 1 OF 11) Seller's Initials ( ) ( ) PAGE 1 OF 11 W wa ap11 OPPORNN"RY La Quinta Palma Realty, 51-001 Eisenhower Drive La Quinta, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.2loLog1x.c0m Property Address: Approx.10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ...................... $ 2,150,000.00 to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): .......................................................... $ 4,500,000.00 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or __) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (❑ Verification attached.) I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or Q is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 19B(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or _) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or, loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. (❑ Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the. Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or _) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) ❑ NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties ('Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender ("Lender Allowable Credit°) is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash,. amount of down payment, or contingent or non -contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified In this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. L. SELLER FINANCING: The following terms (or © the terms specified in the attached Seller Financing Addendum) (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this.Agreement. (1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyer's expense, a copy of Buyer's credit report. Within 7 (or ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyer's promissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (i) the maximum interest rate specified in paragraph 3D shall be the actual fixed interest rate for Seller financing; (ii) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (III) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Seller's option, upon the sale or transfer of the Property or any interest in it; (v) note shall contain a late charge of 6% of the installment due (or ) if the installment is not received within 10 days of the date due; (vi)-title insurance coverage in the form of a joint protection policy shall be provided insuring Seller's deed of trust interest in the Property (any increased cost over owner's policy shall be paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Seller's written consent. Seller may grant or withhold consent in Seller's sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 19, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 19B(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. if this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. Buyer's Initials ( ) ( ) Seller's Initials VLPA REVISED 12/16 (PAGE 2 OF 11) w 51 VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 11) pPP°�UMtt Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zli3Locix.com Approximately Property Address: Approx.10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. []This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ❑ MANUFACTURED HOME PURCHASE: The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (or []this contingency shall remain in effect until the Close Of Escrow of the Property). 6. ❑ CONSTRUCTION LOAN FINANCING: The purchase of the Property is contingent upon Buyer obtaining a construction loan. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement (or ❑this contingency shall remain in effect until Close Of Escrow of the Property). 7. ADDENDA AND ADVISORIES: A. ADDENDA: ©Addendum # ONE (C.A.R. Form ADM) ❑ Back Up Offer Addendum (C.A.R. Form BUO) ❑ Court Confirmation Addendum (C.A.R. Form CCA) Septic, Well and Property Monument Addendum (C.A.R. Form SWPI) n Short Sale Addendum (C.A.R. Form SSA) n Other B. BUYER AND SELLER ADVISORIES: Form U Probate Advisory (C.A.R. Form PA) ❑ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) U Short Sale Information and Advisory (C.A.R. Form SSIA) UX Other Seller's Tax Deferred Exchange Addendum 8. OTHER TERMS: Attachment#1 Buyer's Additional Contingencies regarding Seller's pending Entitlement Applications. 9. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed, in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) ❑ Buyer © Seller shall pay for a natural hazard zone disclosure report, including tax ❑ environmental ❑ Other: prepared by (2) Buyer Lj Seller shall pay for the following Report prepared b (3) ] Buyer by shall pay for the following Report prepared by B. ESCROW AND TITLE: (1) (a) © Buyer © Seller shall pay escrow fee Each to pay their own fees (b) Escrow Holder shall be Four Seasons Escrow, La Quinta, CA. - Mafia Monroe (c) The Parties shall, within 5 (or_) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) ❑ Buyer Q Seller shall pay for owner's title insurance policy specified in paragraph 18E (b) Owner's title policy to be issued by First American Title Co. (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) Buyer W Seller shall pay County transfer tax or fee (2) Buyer Seller shall pay City transfer tax or fee If any (3) Buyer LX Seller shall pay Homeowners' Association ("HOA') transfer fee /f any (4) Seller shall pay HOA fees for preparing all documents required to be delivered by Civil Code §4525. (5) Buyer to ay for any HOA certification fee. (6) Buyer Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (7) Buyer Seller shall pay for any private transfer fee !f any (3) Buyer Seller shall pay for (9) Buyer Seller shall pay for 10. CLOSING AND POSSESSION: Possession shall be delivered to Buyer: (i) X at 6 PM or ❑AM/ PM) on the date of Close Of Escrow; (ii) ❑ no later than calendar days after Close Of Escrow; or (iii) ❑ at ❑ AM/ ❑ PM on The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks. If Property is located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 11. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 11 B or C. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12115 (PAGE 3 OF 11) 2 VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 11) Q ONou T° Produced with zipFonn® by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 4802@ www zioLoaix.com Approximately Property Address: Approx. 10.4 acres located at the NW Corner of EisenhowerDr. and Avenida Fernando, La Quinta, Date: January 31, 2017 B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: (3) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 12. STATUTORY AND OTHER DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 19A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet; (11) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (III) disclose any other zone as required by Law and provide any other information required for those zones. B. WITHHOLDING TAXES: Within the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) D. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or ` ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or _) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (i) Copies of any documents required by Law; (11) disclosure of any pending or anticipated claim or litigation by or against the HOA; (ill) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 19B(3). The Party specified in paragraph 9, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 13. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified in paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200-51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code §3482.5 and §3482.6). (6) ENDANGERED SPECIES: Presence of endangered, threatened, 'candidate' species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non -conforming uses, or violations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 19, Seller shall make available to Buyer for inspection and review, all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. C. n TENANT ESTOPPEL CERTIFICATES: Within the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (1) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (11) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit Buyer's Initials ( ) ( _ ) Seller's Initials ( ) ( ) C VLPA REVISED 12115 (PAGE 4 OF 11) EQUALNOUSING VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 11) GWDR NI7Y Produced with zipFonn® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z!pLoaix.com Approximately Property Address: Approz. 10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 D. MELLO-ROOS TAX; 1916 BOND ACT: Within the time specified in paragraph 19, Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello -Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly deliver to Buyer any such notice obtained. E. SELLER VACANT LAND QUESTIONNAIRE: Seller shall, within the time specified in paragraph 19, complete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLQ). 14. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 15. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyer's rights in paragraph 1513: (1) rent or lease any part of the premises; (ii) alter, modify or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. At least 7 (or _ ) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. Within 5 (or _) Days After receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes, in which case Seller shall not make the Proposed Changes. 16. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (1) the Property is sold (a) "AS -IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 19A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has the right to conduct Buyer Investigations of the property and, as specified in paragraph 19B, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 17. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 19B. Within the time specified in paragraph 1913(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead -based paint and other lead -based paint hazards; (ii) inspect for wood destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (1) invasive or destructive Buyer Investigations except for minimally invasive testing; or (11) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 19B, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. D. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 17, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.) G. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) �_ VLPA REVISED 12/15 (PAGE 5 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 11) E0MO uH00N N a" " Produced with zipForm& by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLocix.com Approximately Property Address: APprox 10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Femando, La Quinta, Date: January 31, 2017 H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. I. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§51200-51295), Right To Farm Laws (Civil Code §3482.5 and §3482.6),schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless intemet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915. O. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 18. TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyers review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 19B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After -Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (1) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a "CLTA/ALTA Homeowners Policy of Title Insurance", if applicable to the type of property and buyer. A title company, at Buyers request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost. 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or 10 ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 3M, 7A, 8, 9, 12A, B, and E, 13, 16A and 18A. Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS:17 (or 30 ) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; review all disclosures, reports, and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (1i) Deliver to Seller Signed Copies of Statutory Disclosures and other disclosures Delivered by Seller in accordance with paragraph 12A. (2) Within the time specified in paragraph 1913(1), Buyer may request that Seiler make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyers requests. (3) By the end of the time specified in paragraph 19B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 19A, then Buyer has 5 (or _ ) Days After Delivery of any such items, or the time specified in paragraph 1913(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. Buyer's Initials ( ) ( ) Seller's Initials VLPA REVISED 12M5 (PAGE 6 OF 11) pq,W. HOUSING VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 11) waoxmNrtr Produced with ApForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w m zioLookcam Approximately Property Address: Approx. 10.4 acres located at the NIN Corner of Eisenhower Dr, and Avenida Fernando, La Quinta, Date: January 31, 2017 (4) Continuation of Contingency: Even after the end of the time specified in paragraph 1913(1) and before Seller cancels, if at all, pursuant to paragraph 19C, Buyer retains the right, in writing, to either (1) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies.is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 19C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (I) Deposit funds as required by paragraph 3A or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (If) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification as required by paragraph 3C or 3H or if Seller reasonably disapproves of the verification provided by paragraph 3C or 3H; (v) Return Statutory Disclosures as required by paragraph 12A; or (vi) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 2713; or (vll) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (ill) give the other Party at least 2(or 10 ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 19. E. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (ill) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (I) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or 10 ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 20. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (11) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (Ill) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 21. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or _) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (I) the Property is maintained pursuant to paragraph 16; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (G.A. R. Form VP). 22, ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (!I) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. ' 23. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12115 (PAGE 7 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 11) Produced with zrpFonn0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zroLogix.con+ Approximately Property Address: APProx. 10.4 acres located at the MIN Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (I) for periods after Close Of Escrow, by Buyer, and (it) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 24. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (t) Does not decide what price Buyer should pay or Seller should accept; (tt) Does not guarantee the condition of the Property; (it!) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offstte unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (vita) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 26. REPRESENTATIVE CAPACITY: If one or more Parties is signing the Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 37 or 38 and attach a Representative Capacity Signature Addendum (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on the Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 26. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 413, 5, 6, 7A, 8, 9, 12B, 18, 19G, 23, 24A, 25, 26, 32, 35, 36, 37, 38 and paragraph D of the section titled Real Estate Brokers on page 11. If a Copy of the separate compensation agreement(s) provided for in paragraph 24A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder. shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 9B(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or 10 ) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 9, 12 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 12B, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. C. Brokers are a party to the escrow for the sole purpose of compensationpursuant to paragraph 24A and paragraph D of the section titled Real Estate Brokers on page 11. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 24A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (I) if Buyers initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (it) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. Buyers Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12/15 (PAGE 8 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 11) Produced with zipForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com Approximately EOIW.XOOSINO OPPOxNNRY Property Address: APprox. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 27. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non- refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages thatwould actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.RFORM RID). 28. DISPUTE RESOLUTION: Buyer's Initials / Seller's Initials / A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www. consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 28C. B. ARBITRATION OF DISPUTES: The .Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 28C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials / Seller's Initials / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (11) an unlawful detainer action; and (III) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (III) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to the Agreement 29. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 30. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12/15 (PAGE 9 OF 11) 121k VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 11) oRMN" Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ,;d0LQgix.00m Approximately Property Address: Approx 1414 acres located at the NW Cornerof IrlsenhowerDr. and Avenida Fernando, !a Quinta, pate: JanM 31, 2017 31. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non -prevailing Buyer or Seller, except as provided In paragraph 28A. 32. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld unless otherwise agreed in writing. Any total or partialassignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller (C.A.R. Form AOAA). 33. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 34. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terns and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual. agreement in a counteroffer or addendum. If at least one but not all Parties initial, a counter offer Is required until agreement is reached. Seller has the right to continue to offer'the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 35. TiME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are Intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be Ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 36. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted In writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. S. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "C.A.R. Form" means the most current version of the specific form referenced or another comparable fort agreed to by the parties. D. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on pagel 1, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law' means any law, code, statute, ordinance, regulation, rule or order, which Is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest controp, alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 37. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by , who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by AM/ LJ PM, on (date)). ® One or more Buyers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-B) for additional terms. Date BUYER (Print name) Frank Spevacek, Ci Manager for The City of La Quinta, a California Municipal Corporation and Charter City Date BUYER (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ABA). Buyer's initials ( ) ( ) Setter's initials ( ) ( ) VLPA REVISED 12115 (PAGE 10 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 11) Producedwph:ipFarm®by:ipLogix 18076FMeenMileRoad,Fraser,Michigan48026 NWW-ZWL2gbLc0M Appraslmody Property Address: Approx. 10.4 acres located at the NIN Comer of Eisenhower Dr, and Avenida Fernando, La Quinta, Date: Janu aly 31, 2017 38. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: © One or more Sellers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S) for additional terms. Date SELLER (Print name) BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member _ Date SELLER (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). (Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) ersonall received by Buyer or Buyer's authorized agent on (date) at (]AM/ [7PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: lasting Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. Real Estate Broker (Selling Firm) La Quinta Palms Realty CaIBRE Lie. #00915271 By Bruce Y. Cathcart CalBRE Lie. # 00915271 Date By CalBRE Lie. # Date Address 51001 Eisenhower Dr. CityLa Quinta State CA. Zip 92253 Telephone (760)564-4104 Fax (760)564-0344 E-mail bycathcart(a)Jaguintapaimsrealt 6com Real Estate Broker (Listing Firm) La Quinta Palms Realty CalBRE Lie. #00915271 By Bruce Y. Cathcart CalBRE Lie. # 00915271 Date By CaIBRE Lie. # Date Address 51001 Eisenhower Dr. CityLa Quinta State CA. Zip 92253 Telephone (760)564-4104 Fax (760)564-0344 E-mail bvcathcartJaguintapalmsrealty.com ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ❑ a deposit in the amount of $ ), counter offer numbers (] Seller's Statement of information and , and agrees to act as Escrow Holder subject to paragraph 26 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail Escrow Holder has the following license number # ❑ Department of Business Oversight, ❑ Department of Insurance, LJ Bureau of Real Estate, PRESENTATION OF OFFER: ( . ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: (_^)L No counter offer is being made. This offer was rejected by Seller on (date). Seller's Initials ©1996- 2015, California Association of REALTORS@, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: Buyer's Acknowledge that page 11 is part of x REAL ESTATE BUSINESS SERVICES, INC. this Agreement ( ) ( ) a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORSO c 0525 South Virgil Avenue Los An ales California 90020 Reviewed by12t VLPA REVISED 1�1/14 (P%GE 1� OF` 11) Broker or Designee EQWa HOUSM ow�m VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 11 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 im- w zioLooix.com Approximately 4'� CALIFORNIA �% ASSOCIATION �: OF REALTORS8 ADDENDUM (C.A.R. Form ADM, Revised 12/15) No. ONE The following terms and conditions are hereby incorporated in and made a part of the: © Purchase Agreement, Residential Lease or Month -to -Month Rental Agreement, ❑ Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), ❑ Other , dated January 31, 2017 on property known as Approx. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando La Quinta, 92253 In which The City of La Quinta, a California Municipal Corporation and Charter City, Frank Spevacek, City Manager is referred to as (" BUyerffenant") and ST-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member is referred to as ("Seller/Landlord"). 1. The Seller to carry back a Note secured by a Deed of Trust in the amount of Two Million, Two Hundred and Fifty Thousand Dollars ($2,250,000.00) to be amortized over two years at an annual rate of 3112%, payable principle and interest in two payments each in the amount of One Million, One Hundred Sixty Six Thousand, Four Hundred Seventy Four Dollars and Ten Cents ($1,166,474.10) Due at 12 and 24 months after the close of escrow. Said note shall include a due on sales clause and a late fee equal to 3% (or maximum allowed by law, whichever is lower) of the payment due for payments not received within 14 days of its due date. 2. Item #1 (above) is used in place of CAR Form SFA as referenced in Paragraph 3(L) of the Purchase Agreement. In addition, this Item #1 eliminates the following paragraphs from the Purchase Agreement. Paragraphs 3(H),(J),(K),(L(1,2,3)),(M) and Paragraphs 4, 5 and 6. 3. Paragraph 15 "Changes During Escrow" is eliminated from the Purchase Agreement. 4. Any reference to "BUYER" shall be eliminated from Paragraphs 24(A) and 26(C) in the Purchase Agreement. 5. The Buyer and Seller shall sign the attached "Signature Page" in addition to initialing and signing the Purchase Agreement 6. The Close of Escrow shall be contingent upon the La Quinta Planning Commission finding the acquisition of the Property is consistent with the La Quinta General Plan per Government Code section 65402. 7. This Purchase Agreement and all Attachments and Addendums are subject to the approval of the La Quinta City Council at the February 7, 2017 Council Meeting, in compliance with schedulin--a and notice requirements. 8. For the purpose of the times for performance under this Agreement, the date of "Acceptance" shall be the date of the approval of the La Quinta City Council. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date BuyerlTenant a California Municipal Corporation and Charter City Date Seller/Landlord BT-LJMJM, LLC. A California Limited Liability Co. © 1986-2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTOR& REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: N REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS@ 1211l 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date EQ u aousi c wraaru"rtr ADM REVISED 12115 (PAGE 1 OF 1) ADDENDUM (ADM PAGE 1 OF 1) La Quinta Palms Realty, 51-001 Eisenhower Drive La Quinta, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLaoix.com Seller Tax Deferred Exchanize: The Seller is aware that the Buyer, The City of La Quinta, has the power of eminent domain within certain jurisdictional limits of the City of La Quinta. Even though the Seller initiated negotiations with the Buyer for the potential sale of the property, in the event Seller determined not to sell the Real Property to Buyer, Buyer's staff would have potentially recommended to the City Council of the City of La Quinta that the City of La Quinta, after providing notice to the Seller and holding a hearing as required by applicable law, consider adopting a resolution of necessity and thereafter commencing proceedings to acquire the Real Property for public use by the exercise of its power of eminent domain. It is the intent of the Seller to have this acquisition completed as a tax deferred exchange pursuant to Sections 1031 or 1033 of the Internal Revenue Code of 1986, as amended, and Section 18662 of the California Revenue and Taxation Code. Notwithstanding the foregoing, neither the Buyer nor the City Council, City staff or any City agenti, makes any representation, warranty or guaranty to the Seller or any other person, firm or entity concerning the tax treatment by any taxing authority, including but not limited to, the Internal Revenue Service, of the conveyance of the Real Property to the Buyer, including the tax treatment and tax consequences of an acquisition under the threat of condemnation or pursuant to this Agreement. The Seller acknowledges that the Buyer is not providing tax advice to the Seller or to any person, firm, or entity, and the Seller fixrther acknowledges and agrees that the Seller must consult Seller's own tax advisor concerning the tax treatment, tax implications, and tax consequences of the sale of the Real Property to the Buyer. Seller agrees to indemnify, protect, defend (with counsel of Buyer's choosing), and hold harmless the Buyer, The La Quinta City Council, Buyer's officers, employees, officials, attorneys, consultants and other agents from any claims, cause of actions, damages, disputes or violations of law resulting from Seller's use of the tax deferred exchange in the sale of the Real Property. Buyer: City of La Quinta, a California Municipal Corporation and Charter City Frank Spevacek, City Manager Seller: BT-LJMJM, LLC. A California Limited Liability Company Jack McCrory, Managing Member Attachment #1 re Additional Buyer Contingency Vacant Land Purchase Agreement and Joint Escrow Instructions Appx. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta dated Jan.31, 2017 Within one (1) business day after confirmation from Escrow Holder that Buyer has deposited the Balance of the Down Payment/Purchase Price in the amount identified in Paragraph 3(F) of the Agreement, and in no event later than 12:00 noon the business day before the date of the Close of Escrow, Seller shall file with the City's Design and Development Department, with copies delivered to the City Manager, City Attorney, and Escrow Holder, the voluntary withdrawal of any and all pending entitlement applications submitted by Seller for permits or licenses pertaining to the Property (collectively, the "Property Entitlement Applications"), including the withdrawal of the following permit applications: • Application for Specific Plan Approval 2016-001(SP 2016-001); • Tentative Tract Map Application 2016-002 (TTM 2016-002); • Environmental Assessment Form 2016-0010 (EA 2016-0010); • Development Agreement Application 2016-001 (DA 2016-001). Notwithstanding any provisions in the Agreement to the contrary, upon the withdrawal of the Property Entitlement Applications, Seller for itself, its agents, assigns and related entities, fully releases, acquits and discharges Buyer and any and all of Buyer's boards, commissions, departments, La Quinta City Council and any and all of Buyer's officials, officers, directors, employees, attorneys, accountants, other professionals, insurers and agents (collectively "Released Parties") from all rights, claims, demands, damaged, actions or causes of action which Seller has alleged or may allege or may have against any of the Released Parties arising from any of the Property Entitlement Applications or any rights that may have been obtained by Seller with the processing, granting, or denying of the Property Entitlement Applications, including any monetary compensation relating thereto. This release is intended as a full and complete release and discharge of any and all such claims that Seller may have against any of the Released Parties arising from the facts and circumstances described above. In making this release, Seller intends to release the Released Parties from any liability of any nature whatsoever for any claim or injury or for damages or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Seller expressly waives all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Seller acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Seller agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or its discovery thereof. Seller shall not be entitled to any relief in connection therewith, including, but not limited to any damages or any right or claim to set aside or rescind this Agreement. Buyer's Initials: Seller's Initials: E XHIBIT "A" LOT LINE ADJUSTMENT NO. 2001-361 PORTION OF EAST HALE`, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 0 EAST, S.B.M. THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 36; THENCE SOUTH 89 25'O3" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION, 1589.25 FEET, TO THE WESTERLY LINE OF TRACT NO. 3249 AS FILED IN BOOK 56 PAGE'S 35 AND 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY; THENCE SOUTH O'35'O4" EAST, ALONG SAID WESTERLY LINE. AND THE WESTERLY LINE OF TRACT NO. 3411, AS FILED IN BOOK 55 PAGES 99 AND 100 OF MAPS, IN THE OFFICE -OF SAID COUNTY RECORDER, 2371.24 FEET, TO THE WESTERLY LINE OF EISENHOWER DRIVE, (50.00 FOOT HALF WIDTH) PER SAID TRACT NO. 3411, SAID POINT BEING BE POINI OF IMMING, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE TWOUGH SAID POINT BEAM NORTH 592737' WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 31'27'20", AN ARC LENGTH OF 1125.46 FEET, THENCE SOUTH 905'03" WEST, ALONG SAID WESTERLY LINE, 50.93 FEET, TO THE CENTERLINE OF AVENIDA FERNANDO AS SHOWN BY TRACT NO. 28545-1 AS FILED IN BOOK 268 PAGES 89 THROUGH 92 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89'52'52' WEST, iO3.05 FEET,- TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET, THENCE SOUWMTT:RLY ALONG SAIQ CURVE THROUGH A COMM ANGLE OF 23'0T'00', AN ARC LENGTH OF 120.51 FEET: THENCE SOUTH 6706W WEST, 181.76 FEET, TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 161.99 FELT, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34 48'55% AN ARC LENGTH OF 93.43 FEET: MCE LEAMNG SAID CENTERLINE, NORTH 4750'W EAST, 96.51 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, THENCE NORTHEASTERLY ALONG SAID CUB THROUGH A CENTRAL ANGLE OF 3T35'00', AN ARC LENGM OF 34.54 FEET; THENCE NORTH 8725'0(r EAST, 77.00 FEET, TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4750'00', AN ARC LENGTH OF 43.49 FEET; THENCE NORTH 3735W' EAST, 137.00 FEET; THENCE NORTH 1 YI5'00' EAST, 145.00 FEET; THENCE NORTH 14 2O'OO" EAST, 192.00 FEET; THENCE NORTH 22.30'00" WEST, 174.00 FEET; THENCE NORTH 4C55'00" WEST, 125.50 FEET; THENCE NORTH 3F35'OO' WEST, 121.50 FEET; THENCE NORTH 64'15'00r WEST, 322.00 FEET; THENCE NORTH 4'40*00r WEST, 125.00 FEET; THENCE NORTH 5Y20'00" WEST', 51.00 FEET; THENCE NORTH 24'55'00" WEST, 21.63 FEET; THENCE NORTH 90'O0'OT EAST, 781.37 FEET; THENCE NORTH 89'53'56' EAST, 220.92 FEET, TO 7HE POINT OF BEGINNING. SAID PARCEL. 2 CONTAINS 10.648 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PARCEL MERGER No. LOT LINE ADJUSTMENT No. 2a9 I - 3 k.-. APPROVED BY CITY OF LA QUINTA COMA UNI F DEVELOPMENT ©EI'AiT::.':: BY DATIw -/ Exh#be 5974 lelean"s se -soft EXHIBIT "B" LOT LINE ADJUSTMENT NO. 3001-361 POR. OF EAST HALF, SEC. 36, T. � 5S., R. 6E., S.S.M. ._ � .AMnw1ARr.1 wnn nw• C/L AVEMDA FMDO NOTE: SEE DATA TABLES ON SHEET 2 SCALE 1" -500' Cl� -- - — I CD A�)% -TAIL "A" WE: 1= 25, 4 21 _ .. _ _ _ _ _ EXISTING LOT LINE TO BE ADJUSTED �---- --'^--�-�-��- EXISTING LOT LINE TO REMAIN NEW LOT LINE PREPARED UNDER THE SUPERVISION OF: SEE mteut. "A" t, OLD LOT MC. RI urornN EXP. 12/31 � 6,At jj NEWLOT N0. LOT LINE ADJUSWNT NO. 3001---361 S' CITY OF LA QUINTA 1:%41,lltAUAPai�nns—;Ml\rnsanM HUM 111111111111IN11111e� a -am CALIFORNIA REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE ASSOCIATION (FOR BUYER REPRESENTATIVES) O F R E A L T O R S® (C.A.R. Form RCSD-B, Revised 6116) �W� This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal This is a disclosure to the © Purchase Agreement, ❑ Buyer Representation Agreement, ❑ Other , dated 0113112017 ("Agreement'), for the property known as Approx. 10.4 acres located at the NIN Comer of Eisenhower Dr. and Avenida Fernando ("Property"), between BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member ("Seller", U "Buyer Broker"). and The City of La Quinta, a California Municipal Corporation and Charter City ("Buyer") If a trust, identify Buyer as the trustee(s) of the trust or by simplified trust name (e.g. John Doe, co -trustee, Jane Doe, co - trustee or Doe Revocable Family Trust 3.) Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Buyer. 1. 1A. TRUST: (1) Assets used to acquire/lease the Property are held in trust pursuant to a trust document titled (2) The person(s) si Mrporation, below is/are Sole/Co/Successor Trustee s) of the Trust. © B. ENTITY: Buyer is a [] Limited Liability Company, [] Partnership © Other. Municipal Corp. which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its behalf. An authorizing resolution of the applicable body of the entity described above L] is 0 is not attached. C. POWER OF ATTORNEY: Buyer ("Principal") has authorized the person(s) signing below ("Attorney -In -Fact", "Power of Attorney" or "POA") to act on his/her behalf pursuant to a General Power of Attorney (❑ Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. 2. Buyer's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Buyer: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney -in -Fact) (Print Representative Name) Frank Spevacek, City Manager Title: By (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney -in -Fact) (Print Representative Name) Acknowledgement of Receipt By Other Party: (Buyer Broker) By Date: Title: Date: (Seller) Date: (Print Seller Name) BT-LJMJM, LLC. A Califomia Limited Liability Co. Jack McGrory, Managing Member (Seller) (Print Seller Name) Date: © 2015-2016 California Association of REALTORS@, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL Published and Distributed by: UREAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Califomia Association of REALTORS® s 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by 1211, RCSD-B REVISED 6116 (PAGE 1 OF 1) ro�"O­No oa,aaivanv REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSD-B PAGE 1 OF 1) La Quints Palms Realty, 51-001 Eisenhower Drive La Quints, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wA w.ziplooix.com isC A L I F O R N I A REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE ASSOCIATIONIft ® (FOR SELLER REPRESENTATIVES) WIr OF R E A L T O R S (C.A.R Form RCSD-S, Revised 6/16) This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal. This is a disclosure to the © Purchase Agreement, ❑ Listing Agreement, ❑ Other dated 01/31/2017 , ("Agreement"), for the property known as Approx. 10.4 acres located at the NW Comer of Eisenhower Dr, and Avenida Fernando ("Property"), between The City of La Quinta, a California Municipal Coloration and Charter City ("Buyer", Listing Broker) and BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member, ("Seller"). If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co -trustee, Jane Doe, co -trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Seller. 1. [] A. TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) dated (2) The person(s) si ning below is/are Sole/Co/Successor Trustee(s) of the Trust. © B. ENTITY: Seller is a [Corporation, © Limited Liability Company, ❑ Partnership Other: which has authorized the officer(s), managing member(s), partner(s) or person(s) si nin below to act on its behalf. An authorizing resolution of the applicable body of the entity described above L] is �] is not attached. C. POWER OF ATTORNEY: Seller ("Principal") has authorized the person(s) signing below ("Attorney -In -Fact", "Power of Attorney" or "POA") to act on his/her behalf pursuant to a General Power of Attorney (n Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. D. ESTATE: (1) Seller is an estate, ❑ conservatorship, or []guardianship identified by Superior Court Case name as , Case # (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co -Executor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardianship identified above. 2. Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Seller: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney -in -Fact or Administrator/Executor) (Print Representative Name) BT-LJMJM, LLC. A California Limited Liabliity Co. Jack McGrory, Managing Member Title: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney -in -Fact or Administrator/Executor) (Print Representative Name) Title: Acknowledgement of Receipt By Other Party: (Listing Broker) La Quinta Palms Realty By Date: (Buyer) Date: (Print Buyer Name) (Buyer) Date: (Print Buyer Name) © 2015-2016 California Association of REALTORSS, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL UPublished and Distributed by. REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by 12r RCSD-S REVISED 6/16 (PAGE 1 OF 1) epwu. Housr+c REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE RCSD-S PAGE 1 OF 1 "'H""`"""" La Quints Palms Realty, 51-M E w.hou'er.rive La Quints, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with ApFomV by zipl.ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Property Address: Approx. 1OA acres Locatedat the NW Comer of Eisenhower Dr. and Avenida Fernando, La auinta CA. IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. SELLER: BT-LJMJM, LLC. A California Limited Liability Company Jack McCrrory, Managing Mernber ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney BUYER: CITY OF LA QIIINTA, a California Municipal Corporation and Charter City By: Frank Spevacek, City Manager Lend of signatures] 2671015610-0046 115901.01 a06/09/11 Property Address: Approx.10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ...................... $ 2,150,000.00 to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): .......................................................... $ 4,500,000.00 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or __) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (❑ Verification attached.) I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or Q is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 19B(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or _) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or, loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. (❑ Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the. Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or _) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) ❑ NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties ('Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender ("Lender Allowable Credit°) is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash,. amount of down payment, or contingent or non -contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified In this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. L. SELLER FINANCING: The following terms (or © the terms specified in the attached Seller Financing Addendum) (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this.Agreement. (1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyer's expense, a copy of Buyer's credit report. Within 7 (or ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyer's promissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (i) the maximum interest rate specified in paragraph 3D shall be the actual fixed interest rate for Seller financing; (ii) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (III) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Seller's option, upon the sale or transfer of the Property or any interest in it; (v) note shall contain a late charge of 6% of the installment due (or ) if the installment is not received within 10 days of the date due; (vi)-title insurance coverage in the form of a joint protection policy shall be provided insuring Seller's deed of trust interest in the Property (any increased cost over owner's policy shall be paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Seller's written consent. Seller may grant or withhold consent in Seller's sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 19, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 19B(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. if this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. Buyer's Initials ( ) ( ) Seller's Initials VLPA REVISED 12/16 (PAGE 2 OF 11) w 51 VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 11) pPP°�UMtt Produced with zipFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zli3Locix.com Approximately Property Address: Approx.10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. []This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ❑ MANUFACTURED HOME PURCHASE: The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (or []this contingency shall remain in effect until the Close Of Escrow of the Property). 6. ❑ CONSTRUCTION LOAN FINANCING: The purchase of the Property is contingent upon Buyer obtaining a construction loan. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement (or ❑this contingency shall remain in effect until Close Of Escrow of the Property). 7. ADDENDA AND ADVISORIES: A. ADDENDA: ©Addendum # ONE (C.A.R. Form ADM) ❑ Back Up Offer Addendum (C.A.R. Form BUO) ❑ Court Confirmation Addendum (C.A.R. Form CCA) Septic, Well and Property Monument Addendum (C.A.R. Form SWPI) n Short Sale Addendum (C.A.R. Form SSA) n Other B. BUYER AND SELLER ADVISORIES: Form U Probate Advisory (C.A.R. Form PA) ❑ Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) U Short Sale Information and Advisory (C.A.R. Form SSIA) UX Other Seller's Tax Deferred Exchange Addendum 8. OTHER TERMS: Attachment#1 Buyer's Additional Contingencies regarding Seller's pending Entitlement Applications. 9. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed, in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) ❑ Buyer © Seller shall pay for a natural hazard zone disclosure report, including tax ❑ environmental ❑ Other: prepared by (2) Buyer Lj Seller shall pay for the following Report prepared b (3) ] Buyer by shall pay for the following Report prepared by B. ESCROW AND TITLE: (1) (a) © Buyer © Seller shall pay escrow fee Each to pay their own fees (b) Escrow Holder shall be Four Seasons Escrow, La Quinta, CA. - Mafia Monroe (c) The Parties shall, within 5 (or_) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) ❑ Buyer Q Seller shall pay for owner's title insurance policy specified in paragraph 18E (b) Owner's title policy to be issued by First American Title Co. (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) Buyer W Seller shall pay County transfer tax or fee (2) Buyer Seller shall pay City transfer tax or fee If any (3) Buyer LX Seller shall pay Homeowners' Association ("HOA') transfer fee /f any (4) Seller shall pay HOA fees for preparing all documents required to be delivered by Civil Code §4525. (5) Buyer to ay for any HOA certification fee. (6) Buyer Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (7) Buyer Seller shall pay for any private transfer fee !f any (3) Buyer Seller shall pay for (9) Buyer Seller shall pay for 10. CLOSING AND POSSESSION: Possession shall be delivered to Buyer: (i) X at 6 PM or ❑AM/ PM) on the date of Close Of Escrow; (ii) ❑ no later than calendar days after Close Of Escrow; or (iii) ❑ at ❑ AM/ ❑ PM on The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks. If Property is located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 11. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 11 B or C. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12115 (PAGE 3 OF 11) 2 VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 11) Q ONou T° Produced with zipFonn® by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 4802@ www zioLoaix.com Approximately Property Address: Approx. 10.4 acres located at the NW Corner of EisenhowerDr. and Avenida Fernando, La Quinta, Date: January 31, 2017 B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: (3) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 12. STATUTORY AND OTHER DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 19A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet; (11) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (III) disclose any other zone as required by Law and provide any other information required for those zones. B. WITHHOLDING TAXES: Within the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) D. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or ` ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or _) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (i) Copies of any documents required by Law; (11) disclosure of any pending or anticipated claim or litigation by or against the HOA; (ill) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures"). Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 19B(3). The Party specified in paragraph 9, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 13. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified in paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200-51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code §3482.5 and §3482.6). (6) ENDANGERED SPECIES: Presence of endangered, threatened, 'candidate' species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non -conforming uses, or violations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 19, Seller shall make available to Buyer for inspection and review, all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. C. n TENANT ESTOPPEL CERTIFICATES: Within the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (1) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (11) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit Buyer's Initials ( ) ( _ ) Seller's Initials ( ) ( ) C VLPA REVISED 12115 (PAGE 4 OF 11) EQUALNOUSING VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 11) GWDR NI7Y Produced with zipFonn® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.z!pLoaix.com Approximately Property Address: Approz. 10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 D. MELLO-ROOS TAX; 1916 BOND ACT: Within the time specified in paragraph 19, Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello -Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly deliver to Buyer any such notice obtained. E. SELLER VACANT LAND QUESTIONNAIRE: Seller shall, within the time specified in paragraph 19, complete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLQ). 14. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 15. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyer's rights in paragraph 1513: (1) rent or lease any part of the premises; (ii) alter, modify or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. At least 7 (or _ ) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. Within 5 (or _) Days After receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes, in which case Seller shall not make the Proposed Changes. 16. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (1) the Property is sold (a) "AS -IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 19A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has the right to conduct Buyer Investigations of the property and, as specified in paragraph 19B, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 17. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 19B. Within the time specified in paragraph 1913(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead -based paint and other lead -based paint hazards; (ii) inspect for wood destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (1) invasive or destructive Buyer Investigations except for minimally invasive testing; or (11) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 19B, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. D. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 17, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.) G. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) �_ VLPA REVISED 12/15 (PAGE 5 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 11) E0MO uH00N N a" " Produced with zipForm& by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLocix.com Approximately Property Address: APprox 10.4 acres located at the NW Comer of Eisenhower Dr. and Avenida Femando, La Quinta, Date: January 31, 2017 H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. I. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§51200-51295), Right To Farm Laws (Civil Code §3482.5 and §3482.6),schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless intemet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915. O. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 18. TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report ("Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyers review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 19B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After -Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (1) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a "CLTA/ALTA Homeowners Policy of Title Insurance", if applicable to the type of property and buyer. A title company, at Buyers request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost. 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or 10 ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 3M, 7A, 8, 9, 12A, B, and E, 13, 16A and 18A. Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS:17 (or 30 ) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; review all disclosures, reports, and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (1i) Deliver to Seller Signed Copies of Statutory Disclosures and other disclosures Delivered by Seller in accordance with paragraph 12A. (2) Within the time specified in paragraph 1913(1), Buyer may request that Seiler make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyers requests. (3) By the end of the time specified in paragraph 19B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 19A, then Buyer has 5 (or _ ) Days After Delivery of any such items, or the time specified in paragraph 1913(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. Buyer's Initials ( ) ( ) Seller's Initials VLPA REVISED 12M5 (PAGE 6 OF 11) pq,W. HOUSING VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 11) waoxmNrtr Produced with ApForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 w m zioLookcam Approximately Property Address: Approx. 10.4 acres located at the NIN Corner of Eisenhower Dr, and Avenida Fernando, La Quinta, Date: January 31, 2017 (4) Continuation of Contingency: Even after the end of the time specified in paragraph 1913(1) and before Seller cancels, if at all, pursuant to paragraph 19C, Buyer retains the right, in writing, to either (1) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies.is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 19C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (I) Deposit funds as required by paragraph 3A or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (If) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification as required by paragraph 3C or 3H or if Seller reasonably disapproves of the verification provided by paragraph 3C or 3H; (v) Return Statutory Disclosures as required by paragraph 12A; or (vi) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 2713; or (vll) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (ill) give the other Party at least 2(or 10 ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 19. E. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (ill) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (I) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or 10 ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 20. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (11) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (Ill) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 21. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or _) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (I) the Property is maintained pursuant to paragraph 16; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (G.A. R. Form VP). 22, ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (!I) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. ' 23. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12115 (PAGE 7 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 11) Produced with zrpFonn0 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zroLogix.con+ Approximately Property Address: APProx. 10.4 acres located at the MIN Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (I) for periods after Close Of Escrow, by Buyer, and (it) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 24. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (t) Does not decide what price Buyer should pay or Seller should accept; (tt) Does not guarantee the condition of the Property; (it!) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offstte unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (vita) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 26. REPRESENTATIVE CAPACITY: If one or more Parties is signing the Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 37 or 38 and attach a Representative Capacity Signature Addendum (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on the Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 26. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 413, 5, 6, 7A, 8, 9, 12B, 18, 19G, 23, 24A, 25, 26, 32, 35, 36, 37, 38 and paragraph D of the section titled Real Estate Brokers on page 11. If a Copy of the separate compensation agreement(s) provided for in paragraph 24A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder. shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 9B(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or 10 ) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 9, 12 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 12B, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. C. Brokers are a party to the escrow for the sole purpose of compensationpursuant to paragraph 24A and paragraph D of the section titled Real Estate Brokers on page 11. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 24A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (I) if Buyers initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (it) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. Buyers Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12/15 (PAGE 8 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 11) Produced with zipForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com Approximately EOIW.XOOSINO OPPOxNNRY Property Address: APprox. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta, Date: January 31, 2017 27. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non- refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages thatwould actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.RFORM RID). 28. DISPUTE RESOLUTION: Buyer's Initials / Seller's Initials / A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www. consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 28C. B. ARBITRATION OF DISPUTES: The .Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 28C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials / Seller's Initials / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (11) an unlawful detainer action; and (III) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (III) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to the Agreement 29. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 30. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) VLPA REVISED 12/15 (PAGE 9 OF 11) 121k VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 11) oRMN" Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ,;d0LQgix.00m Approximately Property Address: Approx 1414 acres located at the NW Cornerof IrlsenhowerDr. and Avenida Fernando, !a Quinta, pate: JanM 31, 2017 31. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non -prevailing Buyer or Seller, except as provided In paragraph 28A. 32. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld unless otherwise agreed in writing. Any total or partialassignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller (C.A.R. Form AOAA). 33. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 34. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terns and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual. agreement in a counteroffer or addendum. If at least one but not all Parties initial, a counter offer Is required until agreement is reached. Seller has the right to continue to offer'the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 35. TiME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are Intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be Ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 36. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted In writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. S. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "C.A.R. Form" means the most current version of the specific form referenced or another comparable fort agreed to by the parties. D. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on pagel 1, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law' means any law, code, statute, ordinance, regulation, rule or order, which Is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest controp, alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 37. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by , who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by AM/ LJ PM, on (date)). ® One or more Buyers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-B) for additional terms. Date BUYER (Print name) Frank Spevacek, Ci Manager for The City of La Quinta, a California Municipal Corporation and Charter City Date BUYER (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ABA). Buyer's initials ( ) ( ) Setter's initials ( ) ( ) VLPA REVISED 12115 (PAGE 10 OF 11) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 11) Producedwph:ipFarm®by:ipLogix 18076FMeenMileRoad,Fraser,Michigan48026 NWW-ZWL2gbLc0M Appraslmody Property Address: Approx. 10.4 acres located at the NIN Comer of Eisenhower Dr, and Avenida Fernando, La Quinta, Date: Janu aly 31, 2017 38. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: © One or more Sellers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S) for additional terms. Date SELLER (Print name) BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member _ Date SELLER (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). (Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) ersonall received by Buyer or Buyer's authorized agent on (date) at (]AM/ [7PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: lasting Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. Real Estate Broker (Selling Firm) La Quinta Palms Realty CaIBRE Lie. #00915271 By Bruce Y. Cathcart CalBRE Lie. # 00915271 Date By CalBRE Lie. # Date Address 51001 Eisenhower Dr. CityLa Quinta State CA. Zip 92253 Telephone (760)564-4104 Fax (760)564-0344 E-mail bycathcart(a)Jaguintapaimsrealt 6com Real Estate Broker (Listing Firm) La Quinta Palms Realty CalBRE Lie. #00915271 By Bruce Y. Cathcart CalBRE Lie. # 00915271 Date By CaIBRE Lie. # Date Address 51001 Eisenhower Dr. CityLa Quinta State CA. Zip 92253 Telephone (760)564-4104 Fax (760)564-0344 E-mail bvcathcartJaguintapalmsrealty.com ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ❑ a deposit in the amount of $ ), counter offer numbers (] Seller's Statement of information and , and agrees to act as Escrow Holder subject to paragraph 26 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail Escrow Holder has the following license number # ❑ Department of Business Oversight, ❑ Department of Insurance, LJ Bureau of Real Estate, PRESENTATION OF OFFER: ( . ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: (_^)L No counter offer is being made. This offer was rejected by Seller on (date). Seller's Initials ©1996- 2015, California Association of REALTORS@, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: Buyer's Acknowledge that page 11 is part of x REAL ESTATE BUSINESS SERVICES, INC. this Agreement ( ) ( ) a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORSO c 0525 South Virgil Avenue Los An ales California 90020 Reviewed by12t VLPA REVISED 1�1/14 (P%GE 1� OF` 11) Broker or Designee EQWa HOUSM ow�m VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 11 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 im- w zioLooix.com Approximately 4'� CALIFORNIA �% ASSOCIATION �: OF REALTORS8 ADDENDUM (C.A.R. Form ADM, Revised 12/15) No. ONE The following terms and conditions are hereby incorporated in and made a part of the: © Purchase Agreement, Residential Lease or Month -to -Month Rental Agreement, ❑ Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), ❑ Other , dated January 31, 2017 on property known as Approx. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando La Quinta, 92253 In which The City of La Quinta, a California Municipal Corporation and Charter City, Frank Spevacek, City Manager is referred to as (" BUyerffenant") and ST-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member is referred to as ("Seller/Landlord"). 1. The Seller to carry back a Note secured by a Deed of Trust in the amount of Two Million, Two Hundred and Fifty Thousand Dollars ($2,250,000.00) to be amortized over two years at an annual rate of 3112%, payable principle and interest in two payments each in the amount of One Million, One Hundred Sixty Six Thousand, Four Hundred Seventy Four Dollars and Ten Cents ($1,166,474.10) Due at 12 and 24 months after the close of escrow. Said note shall include a due on sales clause and a late fee equal to 3% (or maximum allowed by law, whichever is lower) of the payment due for payments not received within 14 days of its due date. 2. Item #1 (above) is used in place of CAR Form SFA as referenced in Paragraph 3(L) of the Purchase Agreement. In addition, this Item #1 eliminates the following paragraphs from the Purchase Agreement. Paragraphs 3(H),(J),(K),(L(1,2,3)),(M) and Paragraphs 4, 5 and 6. 3. Paragraph 15 "Changes During Escrow" is eliminated from the Purchase Agreement. 4. Any reference to "BUYER" shall be eliminated from Paragraphs 24(A) and 26(C) in the Purchase Agreement. 5. The Buyer and Seller shall sign the attached "Signature Page" in addition to initialing and signing the Purchase Agreement 6. The Close of Escrow shall be contingent upon the La Quinta Planning Commission finding the acquisition of the Property is consistent with the La Quinta General Plan per Government Code section 65402. 7. This Purchase Agreement and all Attachments and Addendums are subject to the approval of the La Quinta City Council at the February 7, 2017 Council Meeting, in compliance with schedulin--a and notice requirements. 8. For the purpose of the times for performance under this Agreement, the date of "Acceptance" shall be the date of the approval of the La Quinta City Council. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date BuyerlTenant a California Municipal Corporation and Charter City Date Seller/Landlord BT-LJMJM, LLC. A California Limited Liability Co. © 1986-2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS& It is not intended to identify the user as a REALTOR& REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: N REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS@ 1211l 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date EQ u aousi c wraaru"rtr ADM REVISED 12115 (PAGE 1 OF 1) ADDENDUM (ADM PAGE 1 OF 1) La Quinta Palms Realty, 51-001 Eisenhower Drive La Quinta, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLaoix.com Seller Tax Deferred Exchanize: The Seller is aware that the Buyer, The City of La Quinta, has the power of eminent domain within certain jurisdictional limits of the City of La Quinta. Even though the Seller initiated negotiations with the Buyer for the potential sale of the property, in the event Seller determined not to sell the Real Property to Buyer, Buyer's staff would have potentially recommended to the City Council of the City of La Quinta that the City of La Quinta, after providing notice to the Seller and holding a hearing as required by applicable law, consider adopting a resolution of necessity and thereafter commencing proceedings to acquire the Real Property for public use by the exercise of its power of eminent domain. It is the intent of the Seller to have this acquisition completed as a tax deferred exchange pursuant to Sections 1031 or 1033 of the Internal Revenue Code of 1986, as amended, and Section 18662 of the California Revenue and Taxation Code. Notwithstanding the foregoing, neither the Buyer nor the City Council, City staff or any City agenti, makes any representation, warranty or guaranty to the Seller or any other person, firm or entity concerning the tax treatment by any taxing authority, including but not limited to, the Internal Revenue Service, of the conveyance of the Real Property to the Buyer, including the tax treatment and tax consequences of an acquisition under the threat of condemnation or pursuant to this Agreement. The Seller acknowledges that the Buyer is not providing tax advice to the Seller or to any person, firm, or entity, and the Seller fixrther acknowledges and agrees that the Seller must consult Seller's own tax advisor concerning the tax treatment, tax implications, and tax consequences of the sale of the Real Property to the Buyer. Seller agrees to indemnify, protect, defend (with counsel of Buyer's choosing), and hold harmless the Buyer, The La Quinta City Council, Buyer's officers, employees, officials, attorneys, consultants and other agents from any claims, cause of actions, damages, disputes or violations of law resulting from Seller's use of the tax deferred exchange in the sale of the Real Property. Buyer: City of La Quinta, a California Municipal Corporation and Charter City Frank Spevacek, City Manager Seller: BT-LJMJM, LLC. A California Limited Liability Company Jack McCrory, Managing Member Attachment #1 re Additional Buyer Contingency Vacant Land Purchase Agreement and Joint Escrow Instructions Appx. 10.4 acres located at the NW Corner of Eisenhower Dr. and Avenida Fernando, La Quinta dated Jan.31, 2017 Within one (1) business day after confirmation from Escrow Holder that Buyer has deposited the Balance of the Down Payment/Purchase Price in the amount identified in Paragraph 3(F) of the Agreement, and in no event later than 12:00 noon the business day before the date of the Close of Escrow, Seller shall file with the City's Design and Development Department, with copies delivered to the City Manager, City Attorney, and Escrow Holder, the voluntary withdrawal of any and all pending entitlement applications submitted by Seller for permits or licenses pertaining to the Property (collectively, the "Property Entitlement Applications"), including the withdrawal of the following permit applications: • Application for Specific Plan Approval 2016-001(SP 2016-001); • Tentative Tract Map Application 2016-002 (TTM 2016-002); • Environmental Assessment Form 2016-0010 (EA 2016-0010); • Development Agreement Application 2016-001 (DA 2016-001). Notwithstanding any provisions in the Agreement to the contrary, upon the withdrawal of the Property Entitlement Applications, Seller for itself, its agents, assigns and related entities, fully releases, acquits and discharges Buyer and any and all of Buyer's boards, commissions, departments, La Quinta City Council and any and all of Buyer's officials, officers, directors, employees, attorneys, accountants, other professionals, insurers and agents (collectively "Released Parties") from all rights, claims, demands, damaged, actions or causes of action which Seller has alleged or may allege or may have against any of the Released Parties arising from any of the Property Entitlement Applications or any rights that may have been obtained by Seller with the processing, granting, or denying of the Property Entitlement Applications, including any monetary compensation relating thereto. This release is intended as a full and complete release and discharge of any and all such claims that Seller may have against any of the Released Parties arising from the facts and circumstances described above. In making this release, Seller intends to release the Released Parties from any liability of any nature whatsoever for any claim or injury or for damages or equitable or declaratory relief of any kind, whether the claim, or any facts on which such claim might be based, is known or unknown to the party possessing the claim. Seller expressly waives all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Seller acknowledges that it may hereafter discover facts or law different from or in addition to those which it now believes to be true with respect to the release of claims. Seller agrees that the foregoing release shall be and remain effective in all respects notwithstanding such different or additional facts or law or its discovery thereof. Seller shall not be entitled to any relief in connection therewith, including, but not limited to any damages or any right or claim to set aside or rescind this Agreement. Buyer's Initials: Seller's Initials: E XHIBIT "A" LOT LINE ADJUSTMENT NO. 2001-361 PORTION OF EAST HALE`, SECTION 36, TOWNSHIP 5 SOUTH, RANGE 0 EAST, S.B.M. THAT PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 36; THENCE SOUTH 89 25'O3" EAST, ALONG THE NORTHERLY LINE OF SAID SECTION, 1589.25 FEET, TO THE WESTERLY LINE OF TRACT NO. 3249 AS FILED IN BOOK 56 PAGE'S 35 AND 36 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY; THENCE SOUTH O'35'O4" EAST, ALONG SAID WESTERLY LINE. AND THE WESTERLY LINE OF TRACT NO. 3411, AS FILED IN BOOK 55 PAGES 99 AND 100 OF MAPS, IN THE OFFICE -OF SAID COUNTY RECORDER, 2371.24 FEET, TO THE WESTERLY LINE OF EISENHOWER DRIVE, (50.00 FOOT HALF WIDTH) PER SAID TRACT NO. 3411, SAID POINT BEING BE POINI OF IMMING, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE TWOUGH SAID POINT BEAM NORTH 592737' WEST; THENCE SOUTHWESTERLY ALONG SAID WESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 31'27'20", AN ARC LENGTH OF 1125.46 FEET, THENCE SOUTH 905'03" WEST, ALONG SAID WESTERLY LINE, 50.93 FEET, TO THE CENTERLINE OF AVENIDA FERNANDO AS SHOWN BY TRACT NO. 28545-1 AS FILED IN BOOK 268 PAGES 89 THROUGH 92 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE NORTH 89'52'52' WEST, iO3.05 FEET,- TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET, THENCE SOUWMTT:RLY ALONG SAIQ CURVE THROUGH A COMM ANGLE OF 23'0T'00', AN ARC LENGTH OF 120.51 FEET: THENCE SOUTH 6706W WEST, 181.76 FEET, TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 161.99 FELT, THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34 48'55% AN ARC LENGTH OF 93.43 FEET: MCE LEAMNG SAID CENTERLINE, NORTH 4750'W EAST, 96.51 FEET, TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 50.00 FEET, THENCE NORTHEASTERLY ALONG SAID CUB THROUGH A CENTRAL ANGLE OF 3T35'00', AN ARC LENGM OF 34.54 FEET; THENCE NORTH 8725'0(r EAST, 77.00 FEET, TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FEET, THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4750'00', AN ARC LENGTH OF 43.49 FEET; THENCE NORTH 3735W' EAST, 137.00 FEET; THENCE NORTH 1 YI5'00' EAST, 145.00 FEET; THENCE NORTH 14 2O'OO" EAST, 192.00 FEET; THENCE NORTH 22.30'00" WEST, 174.00 FEET; THENCE NORTH 4C55'00" WEST, 125.50 FEET; THENCE NORTH 3F35'OO' WEST, 121.50 FEET; THENCE NORTH 64'15'00r WEST, 322.00 FEET; THENCE NORTH 4'40*00r WEST, 125.00 FEET; THENCE NORTH 5Y20'00" WEST', 51.00 FEET; THENCE NORTH 24'55'00" WEST, 21.63 FEET; THENCE NORTH 90'O0'OT EAST, 781.37 FEET; THENCE NORTH 89'53'56' EAST, 220.92 FEET, TO 7HE POINT OF BEGINNING. SAID PARCEL. 2 CONTAINS 10.648 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. PARCEL MERGER No. LOT LINE ADJUSTMENT No. 2a9 I - 3 k.-. APPROVED BY CITY OF LA QUINTA COMA UNI F DEVELOPMENT ©EI'AiT::.':: BY DATIw -/ Exh#be 5974 lelean"s se -soft EXHIBIT "B" LOT LINE ADJUSTMENT NO. 3001-361 POR. OF EAST HALF, SEC. 36, T. � 5S., R. 6E., S.S.M. ._ � .AMnw1ARr.1 wnn nw• C/L AVEMDA FMDO NOTE: SEE DATA TABLES ON SHEET 2 SCALE 1" -500' Cl� -- - — I CD A�)% -TAIL "A" WE: 1= 25, 4 21 _ .. _ _ _ _ _ EXISTING LOT LINE TO BE ADJUSTED �---- --'^--�-�-��- EXISTING LOT LINE TO REMAIN NEW LOT LINE PREPARED UNDER THE SUPERVISION OF: SEE mteut. "A" t, OLD LOT MC. RI urornN EXP. 12/31 � 6,At jj NEWLOT N0. LOT LINE ADJUSWNT NO. 3001---361 S' CITY OF LA QUINTA 1:%41,lltAUAPai�nns—;Ml\rnsanM HUM 111111111111IN11111e� a -am CALIFORNIA REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE ASSOCIATION (FOR BUYER REPRESENTATIVES) O F R E A L T O R S® (C.A.R. Form RCSD-B, Revised 6116) �W� This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal This is a disclosure to the © Purchase Agreement, ❑ Buyer Representation Agreement, ❑ Other , dated 0113112017 ("Agreement'), for the property known as Approx. 10.4 acres located at the NIN Comer of Eisenhower Dr. and Avenida Fernando ("Property"), between BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member ("Seller", U "Buyer Broker"). and The City of La Quinta, a California Municipal Corporation and Charter City ("Buyer") If a trust, identify Buyer as the trustee(s) of the trust or by simplified trust name (e.g. John Doe, co -trustee, Jane Doe, co - trustee or Doe Revocable Family Trust 3.) Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Buyer. 1. 1A. TRUST: (1) Assets used to acquire/lease the Property are held in trust pursuant to a trust document titled (2) The person(s) si Mrporation, below is/are Sole/Co/Successor Trustee s) of the Trust. © B. ENTITY: Buyer is a [] Limited Liability Company, [] Partnership © Other. Municipal Corp. which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its behalf. An authorizing resolution of the applicable body of the entity described above L] is 0 is not attached. C. POWER OF ATTORNEY: Buyer ("Principal") has authorized the person(s) signing below ("Attorney -In -Fact", "Power of Attorney" or "POA") to act on his/her behalf pursuant to a General Power of Attorney (❑ Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. 2. Buyer's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Buyer: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney -in -Fact) (Print Representative Name) Frank Spevacek, City Manager Title: By (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney -in -Fact) (Print Representative Name) Acknowledgement of Receipt By Other Party: (Buyer Broker) By Date: Title: Date: (Seller) Date: (Print Seller Name) BT-LJMJM, LLC. A Califomia Limited Liability Co. Jack McGrory, Managing Member (Seller) (Print Seller Name) Date: © 2015-2016 California Association of REALTORS@, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS@. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL Published and Distributed by: UREAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the Califomia Association of REALTORS® s 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by 1211, RCSD-B REVISED 6116 (PAGE 1 OF 1) ro�"O­No oa,aaivanv REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSD-B PAGE 1 OF 1) La Quints Palms Realty, 51-001 Eisenhower Drive La Quints, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with ApForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wA w.ziplooix.com isC A L I F O R N I A REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE ASSOCIATIONIft ® (FOR SELLER REPRESENTATIVES) WIr OF R E A L T O R S (C.A.R Form RCSD-S, Revised 6/16) This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal. This is a disclosure to the © Purchase Agreement, ❑ Listing Agreement, ❑ Other dated 01/31/2017 , ("Agreement"), for the property known as Approx. 10.4 acres located at the NW Comer of Eisenhower Dr, and Avenida Fernando ("Property"), between The City of La Quinta, a California Municipal Coloration and Charter City ("Buyer", Listing Broker) and BT-LJMJM, LLC. A California Limited Liability Co. Jack McGrory, Managing Member, ("Seller"). If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co -trustee, Jane Doe, co -trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Seller. 1. [] A. TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) dated (2) The person(s) si ning below is/are Sole/Co/Successor Trustee(s) of the Trust. © B. ENTITY: Seller is a [Corporation, © Limited Liability Company, ❑ Partnership Other: which has authorized the officer(s), managing member(s), partner(s) or person(s) si nin below to act on its behalf. An authorizing resolution of the applicable body of the entity described above L] is �] is not attached. C. POWER OF ATTORNEY: Seller ("Principal") has authorized the person(s) signing below ("Attorney -In -Fact", "Power of Attorney" or "POA") to act on his/her behalf pursuant to a General Power of Attorney (n Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. D. ESTATE: (1) Seller is an estate, ❑ conservatorship, or []guardianship identified by Superior Court Case name as , Case # (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co -Executor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardianship identified above. 2. Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Seller: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney -in -Fact or Administrator/Executor) (Print Representative Name) BT-LJMJM, LLC. A California Limited Liabliity Co. Jack McGrory, Managing Member Title: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney -in -Fact or Administrator/Executor) (Print Representative Name) Title: Acknowledgement of Receipt By Other Party: (Listing Broker) La Quinta Palms Realty By Date: (Buyer) Date: (Print Buyer Name) (Buyer) Date: (Print Buyer Name) © 2015-2016 California Association of REALTORSS, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL UPublished and Distributed by. REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by 12r RCSD-S REVISED 6/16 (PAGE 1 OF 1) epwu. Housr+c REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE RCSD-S PAGE 1 OF 1 "'H""`"""" La Quints Palms Realty, 51-M E w.hou'er.rive La Quints, CA 92253 Phone: 760.564.4104 Fax: 760.564.0344 Approximately Bruce Cathcart Produced with ApFomV by zipl.ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com Property Address: Approx. 1OA acres Locatedat the NW Comer of Eisenhower Dr. and Avenida Fernando, La auinta CA. IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. SELLER: BT-LJMJM, LLC. A California Limited Liability Company Jack McCrrory, Managing Mernber ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney BUYER: CITY OF LA QIIINTA, a California Municipal Corporation and Charter City By: Frank Spevacek, City Manager Lend of signatures] 2671015610-0046 115901.01 a06/09/11 ta Qa�&a S1 GEM ofthe DESERT — TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 14, 2017 SUBJECT: Rules of Procedure- Council, Boards and Commission Meetings The City Clerk requested distribution of the Rules of Procedures that apply to Boards and Commission to the Planning Commission as a reference for the conduct of meetings. The rules were adopted by the City Council on June 2, 2015 and include procedures for meeting minutes, adding items to the agenda, conflicts of interest, and voting procedures. Staff is available to answer questions. Attachment: 1. Rules of Procedure (Resolution 2015-023) ATTACHMENT 1 RESOLUTION NO. 2015 - 023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING AMENDED AND RESTATED RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code and State Government Code Section 54954(a) requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; and WHEREAS, due to changes in law, policy and/or practice, Council Rules of Procedure require examination and updating from time to time; and WHEREAS, this resolution supersedes all previous City Council Resolutions adopting Rules of Procedure, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City'of La Quinta, California, that the Rules of Procedure for City Council Meetings and Related Functions and Activities attached hereto as Exhibit A are hereby adopted. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of June, 2015 by the following vote: AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans NOES: None ABSENT: None ABSTAIN: None r LINDA EVANS, Mayor City of La Quinta, California Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 2 ATTEST: SUSAN MAYSELS, City C k . City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 3 EXHIBIT A AMENDED AND RESTATED RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES PURPOSE The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. The rules of procedure set herein shall be in addition to the provisions of the Ralph M. Brown Act and all other applicable state government codes. In the event of a conflict between the rules set by the City Council and California Code, the provisions of California State Code shall prevail. APPLICABILITY Unless otherwise provided by resolution of the City Council, a city authority, or city agency, the rules of procedure outlined below apply to all city -established entities including, but not limited to the following: La Quinta City Council La Quinta Housing Authority La Quinta Financing Authority Successor Agency to the La Quinta Redevelopment Agency All City Boards, Commissions, and Committees 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month. The Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 4 open session portion of regular meetings shall begin at 4:00 p.m. The closed session portion of regular meetings, if needed, may begin between 3:00 p.m. and 4:00 p.m., or may be scheduled any time before meeting adjournment in accordance with a duly noticed agenda. The public hearing portion of the meeting shall be the time set forth in the published public hearing notice, or if none is required, the time set forth in the posted agenda. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next business day unless otherwise determined by the City Council. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Councilmembers on 24- hour notice, as set forth in Government Code Sections 3511.1(d), 36807 and 54956(b). Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted, nor may matters concerning the salaries, salary schedules, stipend, bonus or compensation paid in the form of fringe benefits, of the City Manager, any Department head, or any employee whose position is held by an employment contract, be acted upon. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the public bulletin board located outside the Village Post Office at 51321 Avenida Bermudas, (2) the public bulletin board located outside Stater Brothers Supermarket at 78-630 Highway 111 and, (3) the City's internet web site.. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda in only one freely accessible location and on the City's web site. This direction to post in all locations is directory only and not mandatory. Other locations may be added as deemed appropriate. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 5 posting requirements of Government Code. 54956: To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances and resolutions, (b) orders for payment of money, and (c) adoption or amendment of a specific or general plan. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). 1.7 MEETING ATTENDANCE VIA TELECONFERENCE: (a) The use of teleconferencing for a Councilmember to attend a City Council meeting is permitted subject to compliance with the provisions of Government Code Section 54953, as amended. (b) All provisions of the Ralph M. Brown Act shall apply to the teleconferenced meeting location including agenda posting, public accessibility, ADA compliance, opportunity for the public to address Council directly, and availability of agendas. (c) All votes taken during a teleconferenced meeting shall be by roll call. (d) So that the City Clerk may comply with the Ralph M. Brown Act, one week advance written notice to the City Clerk must be given by the Councilmember who wishes to attend via teleconference; the notice must include the location name and address, which must specifically include the room/suite number, at which the teleconferenced meeting will occur, who is to initiate the telephone call to establish Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 6 the teleconference connection, and the telephone number of the teleconference location (the telephone number... Will not be made public). (e) The Councilmember attending by teleconference shall (1) provide the City Clerk with a photograph showing the agenda posted at the teleconference location, or a written statement that the agenda has been posted, which the City Clerk shall retain with the original agenda packet materials, and (2) identify him/herself and acknowledge whether or not members of the public are in attendance at the teleconference location. (f) Only one Councilmember per meeting may attend by teleconferencing. (g) Each Councilmember may attend a regular City Council meeting via teleconference a maximum of twice per calendar year. (h) Upon receipt of notification of intent to attend via teleconference from one Councilmember, the City Clerk shall forward the notice to all Councilmembers. 1.8 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council, and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. Closed Session minutes, if produced, shall not be a public record subject to inspection pursuant to the California Public Records Act, and shall be kept confidential pursuant to the Government Code. 2. AGENDA 2.1 ORDER OF BUSINESS: Except as otherwise provided by law, no action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Councilmembers or staff may, on their own initiative .or in response to public comments, briefly respond to statements made or questions posed during the public comment period, ask questions for clarification, make a brief announcement, make a brief report on his/her own activities, provide a reference to staff, request staff to report back to the Council at a subsequent meeting, or take action to direct staff to place a matter on a future agenda. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk and shall contain the following category headings: Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 7 CALL TO ORDER ROLL CALL *PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA (place before closed session) CLOSED SESSION (may be taken up before, after or during breaks in the open portion of the meeting) *PLEDGE OF ALLEGIANCE *PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA CONFIRMATION OF AGENDA *ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS CONSENT CALENDAR (will include Minutes) BUSINESS SESSION *STUDY SESSION *DEPARTMENTAL REPORTS *REPORTS AND INFORMATIONAL ITEMS *MAYOR AND COUNCILMEMBERS ITEMS *PUBLIC COMMENT (only needed if there is a Public Hearing(s) on the agenda) *PRESENTATIONS (only needed if there is a late presentation item) PUBLIC HEARINGS ADJOURNMENT The Presiding Officer may change the order of business to accommodate participants, councilmembers, staff, or consultants; expedite the meeting; or meet public hearing notice times. *These portions of the agenda shall be used for discussion and direction to staff; no formal actions are to be taken. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the agenda packet shall ordinarily be delivered to Councilmembers each Thursday preceding the Tuesday meeting to which it pertains. The agenda packet shall also be available to the public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Councilmembers and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 8 2.4 APPROVAL OF MINUTES: Action minutes shall be prepared after every meeting. Unless requested by a majority of the City Council, minutes of the previous meeting may be approved as a Consent Calendar item without public reading if the City Clerk has previously furnished each Councilmember with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in the following order: • Staff presentation • Questions of Staff by Council • Public hearing opened by Presiding Officer • Public testimony • Public hearing closed by Presiding Officer • Questions by Council • Discussion by Council • Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. At any time, before or after the oral communication is commenced, the Presiding Officer may, if s/he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 9 On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda may be added to a future agenda in accordance with Section 2.9. It is hereby determined that such requests or direction by a Councilmember shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Any Councilmember may request that any item be withdrawn from the consent agenda for separate consideration. 2.8 MAYOR AND COUNCILMEMBER ITEMS: The Mayor and Councilmembers shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the Council. 2.9 ADDING ITEMS TO A FUTURE AGENDA: An item may be placed on a future agenda by any of the following methods: (a) Items for discussion only, no action, no staff report - a Councilmember may request that a matter requiring significant discussion be placed on a future agenda under the MAYOR AND COUNCILMEMBER ITEMS section either during a Council meeting or by contacting the City Manager with the item title and desired meeting date. At the requesting Councilmember's option, s/he may prepare a short report to be included in the agenda packet provided s/he meets the agenda production deadlines. : . (b) Items for discussion and/or' vote requiring a staff report - a Councilmember who wishes to place a matter on a future agenda that requires staff research, analysis and/or report(s) or a vote to commit City resources shall first bring the matter to Council as noted in (a) above and obtain Council consensus to direct staff to move forward and place the item on a future agenda. Council shall not take action on the matter itself. (c) By the Mayor, City Manager or City Attorney Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 10 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Councilmember shall preside. If there are two Councilmembers with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. 3.2 MAYOR PRO TEMPORE: In accordance with Government Code Section 36801, the Council shall choose one of its members as Mayor Pro Tempore at the meeting at which the declaration of the election results for a general municipal election is made. During odd numbered years, the Council shall choose one of its members as Mayor Pro Tempore during a regular meeting in the last calendar quarter of the year. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes. 3.3 CALL TO ORDER: The meeting of the City Council shall be called to order by the Presiding Officer. 3.4 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and s/he shall not be deprived of any of the rights and privileges of a Councilmember by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If s/he desires to personally engage in extended debate on questions before the Council, s/he should consider turning the Chair over to the Mayor Pro Tempore. 3.5 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, either the Presiding Officer or the City Clerk shall verbally announce the result in accordance with Section 7.1. The Presiding Officer may publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 11 3.6 SIGNING OF ORDINANCES AND RESOLUTIONS: The Presiding Officer shall sign ordinances and resolutions adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Presiding Officer. 3.7 MAINTENANCE OF ORDER: The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. 3.8 CITY CLERK POSITION: In accordance with Government Code Section 36804, if the City Clerk is absent, the Deputy City Clerk shall act. If there is none, the Presiding Officer shall appoint one of the Councilmembers as City Clerk Pro Tempore. 4. RULES. DECORUM, AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/herself to the question under debate. (b) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. (c) Any Councilmember called to order while s/he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, s/he shall be permitted to proceed. If ruled to be not in order, s/he shall remain silent or shall alter his/her remarks so as to comply with rules of the Council. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 12 (d) Councilmembers shall accord the utmost- courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. (e) Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require the Presiding Officer to so act. (fl Except where specifically authorized by City Council action or for purely ceremonial purposes, no Councilmember attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that s/he is representing the City. When making a comment at such a meeting, the Councilmember should make it clear that s/he is speaking solely as an individual. Unless officially appointed to participate on a committee, Councilmembers should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. 4.3 DECORUM AND ORDER - EMPLOYEES: City Employees and Contractors shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Councilmember or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of - arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 13 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of -arms of the Council. S/he shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of - arms or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to interrupt a meeting and address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned, or impugned. 4.7 CONFLICT OF INTEREST: All Councilmembers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Councilmember disqualified from voting because of a conflict of interest shall do all of the following: (1) publicly identify the financial interest in detail sufficient to be understood by the public, (2) recuse him/herself from discussing and voting on the matter, and (3) leave the dais until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar. Any Councilmember disqualified from voting due to a conflict of interest -may speak on the issue from the public podium during the time that the general public speaks on the issue. The Councilmember disqualified from voting due to a conflict of interest shall be marked absent from the vote for the item on the minutes, unless the item is on the Consent Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 14 Calendar, in which case, the Councilmember will be marked as having abstained. 4.8 LIMITATION OF DEBATE: Councilmembers should speak only once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time s/he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reason ..." 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED: In presiding over Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a. majority vote of the Councilmembers present and voting. 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, s/he shall state his/her name and/or the party s/he is representing (unless otherwise determined by the city attorney to be unnecessary), the subject s/he wishes to discuss, and city of residence. All remarks and questions shall be addressed to the Presiding Officer and not to any individual Councilmember, staff member or other person. The Presiding Officer shall be addressed at all times as Madam/Mister [title], e.g. Madam Mayor, Mr. Mayor Pro Tem. Councilmembers shall be addressed as Councilmember [last name]. The Council Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 15 as a body shall be addressed: Madam/Mister Mayor and Members of the City Council The Presiding Officer shall not permit any communication, oral or written, to be made or read where it. is not within the subject matter jurisdiction of the City Council. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, before debate. A motion so stated shall consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: it shall be stated by the Presiding Officer not be withdrawn by the mover without the The Presiding Officer may at any time, by majority consent of the Council, permit a Councilmember to introduce an ordinance, resolution, or motion out of the regular agenda order. 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 16 following, which shall have precedence in the. following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (D Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 17 7. VOTING PROCEDURE 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting and the Presiding Officer or the City Clerk shall verbally announce (1) whether the question carried or was defeated, (2) the vote tally, and (3) the vote of each Councilmember. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain'. Every ordinance and resolution, orders for franchises or payments of money, or adoption or amendment of a specific or general plan require three .affirmative votes. Any member may change his/her vote before the next order of business. 1.2 ABSTENTIONS AND FAILURE TO VOTE: A Councilmember who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Councilmember abstaining for reasons other than conflict shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Councilmember who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 7.3 RECONSIDERATION: Any Councilmember who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Councilmember who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting that meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 18 7.4 TIE VOTES: Tie votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Councilmember(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 8. RESOLUTIONS 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, two terms are in general use to denote such (non -ordinance) actions: "resolution" and "motion" (thereafter recorded by minute entry). Technically, both are equally as legally effective and binding; they just vary in the formality of respective memo rialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence, and preserved in a separate set of books. Such "resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "motion" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it unless it is a motion to adopt an ordinance or resolution. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 19 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: Except as provided otherwise by law, all ordinances shall take effect 30 days after their final passage but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the.duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption. Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 20 10. POLITICAL ACTIVITIES (A) Councilmembers shall not use, or attempt to use, 'their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Councilmember or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Councilmember from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public, which may include officers or employees of the City. (C) No Councilmember or candidate shall engage in political activity during working hours in City offices or work areas where such activity would disrupt the workplace. For purposes of this section, City offices, or work areas includes the areas behind the public counters, but excludes the Council Chambers and Councilmember offices. 11. AUTHORITY TO BIND THE CITY No Councilmember, officer,. official, employee, agent or consultant of the City, without the majority vote of the Council, or unless otherwise provided in these Rules of Procedure or by resolution of the Council, shall have any power or authority to bind the City by any contract, to pledge its credits, or to render it liable for any purpose in any amount. 12. EXECUTION OF CONTRACTS, DEEDS, AND OTHER DOCUMENTS Except as otherwise authorized by resolution of the City Council, either the Mayor or City Manager, or in the absence of both, such person as the City Manager may designate in writing pursuant to Municipal Code section 2.08.050 and 2.08.060, shall sign all contracts, deeds and other written instruments on behalf of the City when such have been approved by the City Council. The City Clerk shall attest to the Resolution No. 2015-023 Amended and Restated Rules of Procedure Adopted: June 2, 2015 Page 21 signature of the signer, unless attestation is not required. 13.RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. ta QaLtra S2 GEM of the DESERT — TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 14, 2017 SUBJECT: Development Status Report DEVELOPMENT PROJECTS IN PROCESS Residential: La Quinta Penthouses - a proposal for the construction of a two-story, condominium building consisting of 8 units built on a podium to allow for semi - subterranean parking for 17 parking spaces located at the southeast corner of Avenida La Fonda and Desert Club Drive in the La Quinta Village. The units will range in size from 827 square feet to 1,655 square feet, and will consist of one and two bedroom units; Self -Reliance Inc. Under staff review. Mountain Village Residences - a proposal for the construction of a two-story multi -family residential building consisting of 6 units on the two vacant parcels on Avenida Martinez in the La Quinta Village; Lench Design Studio. Under staff review- awaiting resubmittal. Quail Ridge Villas — BT LJMJM, LLC proposal for a 67 - unit resort condominium development with a community center and 5 pool area located on 10 acres at the northwest corner of Eisenhower Drive and Avenida Fernando. Under staff review. Commercial: Contour Dermatology is a proposed 5,500 square foot Dermatology medical office located on the Southeast corner of Jefferson Street and Westward Ho Drive at 46080 Jefferson Street. The proposal includes the removal of the existing building on site and construction of a new building; Prest Vuksic Architects. Under staff conditions review. STAFF PLANNING COMMISSION AND CITY COUNCIL RECENT APPROVALS Residential: Villas at Indian Springs (Approved September 20, 2016) subdivision to accommodate 15 units on 3.22 acres at SEC of Jefferson St and Palm Circle; Desert Land Holdings, LLC. (TTM 2015-0003, ZC2015-0001, SP 2015-0002, SDP 2015-0002) TTM2015-008 (Tentative Tract Map 35661 Approved October 18, 2016) Prism Realty Corporation proposed subdivision of 12.25 acres into 36 residential lots at 54721 Monroe Street. Commercial: Fitness Center (Approved Sept 13, 2016)- Proposal for the construction and operation of a fitness center consisting of 37,776 square feet with cardio, weight training, group exercise, indoor pool and two outdoor pools at the existing Jefferson Square shopping center at the southwest corner of Jefferson Street and Fred Waring Drive. Crab Pot Restaurant (Approved October 11, 2016) - Proposal for 1,800 square foot expansion of the existing restaurant at the southwest corner of Desert Club Drive and Avenida La Fonda. SilverRock development permit #1 (approved December 20, 2016) for a 140 room luxury hotel, 29 hotel -branded residences, a spa, a meeting and conference center, and a shared service facility. The hotel will include a restaurant, bar, pool, and outdoor bar. SilverRock development permit #2 (approved January 3, 2017) for a 200 room lifestyle hotel, golf clubhouse with 10 golf villas, and 66 branded condominium residences. The lifestyle hotel will include a restaurant, two bars, tennis courts, outdoor stage, pool, and fitness center. Tentative Parcel Map 37193 (approved February 6, 2017) - to subdivide a 22 acre site into 3 parcels and 1 lettered lot for conveyance purposes at the southwest corner of La Quinta Drive and Auto Centre Drive; Shopoff Realty. 2