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2017 04 18 CCi — GEM of the DESERT City Council agendas and staff reports are available on the City's web page: www.la-quinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, APRIL 18, 2017 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012; 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERTS. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY 2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS ESCOBEDO, CITY COUNCIL AGENDA 1 APRIL 18, 2017 DIRECTOR OF COMMUNITY RESOURCES; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT AND ADJACENT TO CIVIC CENTER CAMPUS NORTH OF AVENIDA LA FONDA AND WEST OF WASHINGTON STREET (APN 770-130-001, 770-123-011, 770-123- 012, 770-124-010, 770-125-003) CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: LA QUINTA ARTS FOUNDATION UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE LEASE OF PROPERTY IDENTIFIED RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit -your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF APRIL 4, 2017 2. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY CLERKS ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 400 IN RIVERSIDE, CALIFORNIA, JUNE 20 - 23, 2017 3. EXCUSE ABSENCES FOR PLANNING COMMISSIONER MARY CALDWELL FOR APRIL 25 AND MAY 9, 2017 PLANNING COMMISSION MEETINGS CITY COUNCIL AGENDA 2 APRIL 18, 2017 4. APPROVE DECLARATION OF SURPLUS AND DISPOSAL METHOD OF CITY OWNED VEHICLES FOR CODE ENFORCEMENT 5. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD WIDENING IMPROVEMENT (PROJECT NO 2009-04) 6. APPROPRIATE FUNDING TO REPLACE THE SKATE PARK AND AWARD A CONTRACT TO PACIFIC TENNIS COURTS, INC. TO CONSTRUCT TENNIS AND PICKLEBALL COURT CONVERSION IMPROVEMENTS AT FRITZ BURNS PARK (PROJECT NO. 2016-04) 7. ADOPT A RESOLUTION GRANTING CONDITIONAL APPROVAL OF - FINAL PARCEL MAP NO. 37207 AND APPROVE AGREEMENT REGARDING REAL PROPERTY BETWEEN COACHELLA VALLEY WATER DISTRICT AND CITY OF LA QUINTA ASSOCIATED WITH THE SILVERROCK RESORT DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 [RESOLUTION NO. 2017- 0121 8. APPROVE DEMAND REGISTERS DATED MARCH 31 AND APRIL 7, 2017 9. AUTHORIZE SUBMISSION OF TWO GRANT APPLICATIONS FOR THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM 10. ADOPT RESOLUTION TO ESTABLISH REGULAR PART-TIME POSITION FOR SOFTWARE PROGRAM REPORT WRITER [RESOLUTION NO.2017-0131 BUSINESS SESSION 1. APPROVE COVENANTS AFFECTING REAL PROPERTY AND AMENDMENT NO. 2 TO PURCHASE, SALE AND DEVELOPMENT AGREEMENT WITH SILVERROCK DEVELOPMENT COMPANY LLC FOR SILVERROCK RESORT 2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING TITLE 3 OF THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 3.35 RELATED TO REVENUE COLLECTION POLICY; CALIFORNIA ENVIRONMENTAL QUALITY ACT: FIND THE PROJECT EXEMPT PURSUANT TO SECTION 15061 (B)(3)[ORDINANCE NO.5571 STUDY SESSION 1. DEVELOPMENT SERVICES - 2017 UPDATE CITY COUNCIL AGENDA 3 APRIL 18, 2017 PUBLIC HEARINGS - None DEPARTMENTAL REPORTS 1. CITY MANAGER - UPCOMING EVENTS AND CITY COUNCIL CALENDAR 265 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES A. COMMUNITY PROGRAMS & WELLNESS REPORT 269 B. MUSEUM QUARTERLY REPORT 273 C. LIBRARY QUARTERLY REPORT 277 D. EMERGENCY MANAGEMENT QUARTERLY REPORT 287 E. CODE COMPLIANCE QUARTERLY REPORT 291 5. DESIGN AND DEVELOPMENT REPORT - MARCH 295 6. FACILITIES DEPARTMENT REPORT - MARCH 299 7. FIRE QUARTERLY REPORT 329 8. POLICE QUARTERLY REPORT 331 9. TOBACCO- FREE COMMUNITIES REPORT 341 MAYOR'S AND COUNCIL MEMBERS' ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. EAST VALLEY COALITION (Evans) 5. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 7. COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE (Evans) 8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 10. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Fitzpatrick) 11. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Fitzpatrick) 13. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 14. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick and Pena) 15. CANNABIS AD HOC COMMITTEE (Pena and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Pena) 17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena) 18. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Pena) 19. CVAG TRANSPORTATION COMMITTEE (Radi) 20. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) (Radi) 21. SUNLINE TRANSIT AGENCY (Radi) 22. DESERT SANDS SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) CITY COUNCIL AGENDA 4 APRIL 18, 2017 23. ANIMAL CAMPUS COMMISSION (Sanchez) 24. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Sanchez) 25. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MINUTES 343 DATED MARCH 15, 2017 26. PLANNING COMMISSION MINUTES DATED NOVEMBER 22, DECEMBER 345 27, 2016, FEBRUARY 14 AND FEBRUARY 28, 2017 27. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 13, 2017 367 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on May 2, 2017, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City's website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on April 14, 2017 DATED: April 14, 2017 SUSAN MAYSELS, City Clerk 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 777-7103, 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 City Council, arrangements should be made in advance by contacting the City Clerk's office at 777- 7103. A one (1) week notice is required. • If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. CITY COUNCIL AGENDA 5 APRIL 18, 2017 Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Design & Development Counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 6 APRIL 18, 2017 CONSENT CALENDAR ITEM NO. 1 CITY COUNCIL MINUTES TUESDAY, APRIL 4, 2017 A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150-023; 770- 060-056; 770-060-057; 770-060-058; 770-060-059; 770-060-061; 770-060- 062; 777-490-004; 777-490-006; 777-490-007; 777-490-012; 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERTS. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:31 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTIONS) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the pledge of allegiance. CITY COUNCIL MINUTES Page 1 of 8 APRIL 4, 2017 F PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Mark Johnson, La Quinta — Mr. Johnson showed a video that he and fellow hikers will be submitting with an application for a $50,000 Community Thrives (ACT) grant from USA Today Network and Gannett Co. - The Desert Sun newspaper for a program they are calling "CV Trek" to introduce youth in the Coachella Valley to area hiking and a lifetime of wellness. If awarded, the funds will be granted to Friends of the Desert Mountains and used for training, logistics, boots, head lamps, poles and other hiking supplies and events for several years. Mr. Johnson asked supporters to vote for this program on line at http://oct.usotoday.com/submit-an-idea/#/gallery/ 60446282 during the next month, and can do so up to once each day. PUBLIC SPEAKER: David Herman, Rancho Mirage — Mr. Herman expressed interest in the redevelopment of the former Sam's Club. Mayor Evans recommended that he meet with City staff who will provide guidance and assistance. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. RECOGNITION OF SOUTHWEST COMMUNITY CHURCH VOLUNTEERS FOR COMMUNITY CLEAN-UP EFFORTS Mayor Evans, on behalf of the entire City Council, presented a certificate of appreciation to Mr. Real, Outreach Director of the Southwest Community Church for his team's cleanup efforts. 2. LA QUINTA FACILITIES DEPARTMENT ACADEMY Facilities Director Howlett presented the purpose of the academy and introduced the participants who gave a detailed report of the projects completed. CONSENT CALENDAR 1. APPROVE MINUTES OF MARCH 7, 2017 2. APPROVE MINUTES OF MARCH 21, 2017 3. ADOPT ORDINANCE NO. 556 ON SECOND READING AMENDING CHAPTER 2.70 OF THE MUNICIPAL CODE TO EXPAND THE MEMBERSHIP AND DUTIES AND CHANGE THE NAME OF THE INVESTMENT ADVISORY BOARD TO THE FINANCIAL ADVISORY COMMISSION IN ORDER TO FULFILL THE CITIZEN OVERSIGHT DUTIES SET FORTH IN MEASURE G 4. AUTHORIZE OVERNIGHT TRAVEL FOR PARKS SUPERINTENDENT TO ATTEND THE PLAYGROUND SAFETY INSPECTOR CERTIFICATION COURSE IN LAKEWOOD, CALIFORNIA, APRIL 18-20, 2017 6�_T414 A 2 r_11.4 A IZO zG1I E6P►19:Z01z18F_1 R W-111',11 14>h%P►I CITY COUNCIL MINUTES Page 2 of 8 APRIL 4, 2017 E: 6. APPROVE DEMAND REGISTERS DATED MARCH 17 AND 24, 2017 7. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND ADVERTISE THE MILES AVENUE (FROM SEELEY DRIVE TO DUNE PALMS ROAD) MEDIAN LANDSCAPE IMPROVEMENT PROJECT FOR BID (PROJECT NO. 2015-02) 8. ACCEPT CITY HALL MISCELLANEOUS EXTERIOR AMERICAN WITH DISABILITIES ACT IMPROVEMENTS PROJECT LOCATED AT 78495 CALLE TAMPICO (PROJECT NO. 2016-05A) 9. APPROVE UTILITY RELOCATION AND REIMBURSEMENT AGREEMENT AND ADDENDUM NO. 1 BETWEEN CITY OF INDIO, CITY OF LA QUINTA, AND IMPERIAL IRRIGATION DISTRICT (MADISON STREET IMPROVEMENT PROJECT FROM AVENUE 50 TO 52) 10. APPROVE AMENDMENT NO. 7 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT (PROJECT NO. 2011-05) 11. ADOPT A RESOLUTION TO UPDATE THE CITY'S MASTER FEE SCHEDULE TO INCLUDE EXISTING ALARM FEES, ADD MEDICAL CANNABIS DELIVERY SERVICE LICENSE FEE, AND ADD RIVERSIDE COUNTY FIRE DEPARTMENT FEES 12. APPROVE BUDGET AMENDMENT FOR EXECUTIVE RECRUITMENT Councilmember Radi expressed gratitude for the beautiful donated art piece that will now be part of the City's collection and thanked the Community Services Commission for their efforts in making this happen. Councilmember Fitzpatrick said by sending the Parks Superintendent to attend the playground safety inspector certification course, the City was practicing good risk management. Mayor Evans noted that the parties were finally making headway on improving Madison Street with the utility relocation and reimbursement agreement with Indio and IID. MOTION — A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item No. 3 adopting Ordinance No. 556 and Item No. 11 adopting Resolution No. 2017-011. Motion passed unanimously. BUSINESS SESSION — None CITY COUNCIL MINUTES Page 3 of 8 APRIL 4, 2017 4 STUDY SESSION 1. OVERVIEW OF AMENDMENT NO. 2 TO PURCHASE, SALE AND DEVELOPMENT AGREEMENT WITH SILVERROCK DEVELOPMENT COMPANY LLC FOR SILVERROCK RESORT City Consulting Economist McMillen presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed IRS Code section 141, which restricts the use of land purchased with tax-exempt bonds. City Manager Spevacek explained that since the tax reform act of 1986, municipalities could not use tax-exempt bond funds for money -making ventures. Federal government reasoning was that since cities were benefiting from the lower financing costs of tax-exempt bond issuance and bond buyers were benefiting from exemption from federal tax on bond interest earned, cities should not be using tax-exempt bond funds on non-traditional public uses such as sports arenas or money -making ventures. With the passage of the 1986 act, the "private activity test" was added to regulations limiting use of funds on projects that would generate a financial return (other than tax revenue) to cities. The regulations allow a ten percent exemption or "wiggle room" to cities. City Attorney Ihrke said he believed the ten percent figure was just the maximum amount the IRS was comfortable allowing as return or revenue to cities. If a city expends more that 10% of tax-exempt bonds on a money -generating venture, the tax-exempt bonds then become taxable and all bond holders would have to start paying tax on interest received. Litigation would inevitably follow against a city for violating the bond covenants. Mr. Ihrke said that he was not aware of any instances where a city has been prosecuted by the IRS for violating the "private activity test" probably because the consequences are so serious. City Manager Spevacek said that the federal government enacted the 1986 act to preserve its general fund revenue and based on current tax reform news reports, the federal government is not interested in reducing their revenue from cities or bond holders but from individuals and corporations. Based on conversations with bond counsel and underwriters, the indications are that if anything, regulations will move in the more restrictive direction. Mayor Evans explained the long-term revenue purpose and financial climate (pre - redevelopment agencies dissolution) at the time the SilverRock land was purchased. City Consulting Economist McMillen explained the safeguards to City tax revenue (property, sales and hotel taxes) in the agreement even if the developer sells the property. CITY COUNCIL MINUTES Page 4 of 8 APRIL 4, 2017 10 PUBLIC SPEAKER: Mark Johnson, La Quinta — Mr. Johnson spoke in support of the Amendment but added that he hoped the covenants will include the formation of a golf advisory committee for residents to give input to developer. He also expressed concern about the size of the clubhouse, and lastly, suggested that the developer select the management of the golf operation via a performance based competitive bid process. City Manager Spevacek noted that resident golf rates at SilverRock would remain the same until the golf course realignment is completed around November but a time change to resident online tee time bookings can be initiated by Landmark Golf Management shortly. PUBLIC SPEAKERS: Robert Green, SilverRock Development Company, LLC (SDC) — Mr. Green gave an update on development progress. He added that he is interested in public input and believes it to be a good idea to meet annually with a citizens' golf advisory committee. Councilmembers thanked Mr. Green and his team, legal staff, and Consulting City Economist Mr. McMillen for their leadership and persistence; noted the difficulty of planning such a complex project especially with the "private activity test" component; the City's need to protect resident access to the course but there's no need for cities to own golf courses; support of transferring the five shaded properties listed in the report to SDC once set performance measures are met, modifying the schedule of performance, the revised business terms, reviewing the covenants in advance, and retaining all repurchase rights and protections, and; recognition that the City is gaining more than it is giving in this deal. 2. DISCUSS PROACTIVE CODE COMPLIANCE 2016 PROGRESS AND 2017 GOALS Public Safety Manager Mendez presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed the high number of false alarm calls and how to reduce them; calls to illegal cannabis grow houses; Taser certification for Code Officers; success rate of sending warning notices before citations are issues; abatement of lots posing fire hazards; success in past year in working with residents; policy to hold City properties to same or higher standards than residents; the effects of more personnel resources versus a longer response time; changing the expected response time from 30 days to 60 days for a test period; maintaining the progress, tempo and expectations in the community; tracking case progress via GoRequest; changing the regulations so that penalties occur on the third occurrence within a year rather than within 90 days; pros and cons of requiring properties with alarms to register with the City; involving alarm companies in finding solutions to excessive false alarms; criteria to provide to residents such as the Uniform Fire Code guidelines for overgrown or unsightly conditions; forming Highway 111 business groups to discuss matters of CITY COUNCIL MINUTES Page 5 of 8 APRIL 4, 2017 11 mutual interest; focusing resources in areas of needs and minimizing in other areas; introduction of junior Code Officers; continuing community outreach; impact on Officers of the short-term vacation rental program, and; problem wind fences. 3. DISCUSS REPLACEMENT OF EXISTING MONUMENT SIGNS WITH ART ENTRYWAYS AND INCREASE PUBLIC ART NORTH OF HIGHWAY 111 Community Resources Director Escobedo, Community Resources Manager Larson and Community Programs/Wellness Supervisor Calderon presented the staff report, which is on file in the Clerk's Office. Councilmembers discussed public art in all areas of the City; the City's entry points; working with artists to transform the existing monuments; avoiding the expenditure of hundreds of thousands of dollars; consider simple notification that one is entering the City plus an art piece; consider art loans and rotating pieces; typical art piece pedestal limits future options; acknowledgement that General Fund money may be needed eventually to maintain the public art collection and art brand La Quinta has built for 35 years; the balance in the Art in Public Places fund and the amount spent on art maintenance annually; criteria may include easy maintenance, movable, lights ; entry monuments would be a capital project, not an art project; focus markers on Highway 111 first, but public art everywhere; need to coordinate any art placements in northern La Quinta with the landscaping project, and; not necessary to include "Gem of the Desert" on everything. In summary, Councilmembers agreed that entry monuments should be simple, elegant, inexpensive, and consistent focusing first on City borders on Highway 111. PUBLIC SPEAKER: Mark Johnson, Chairman of Community Services Commission — Mr. Johnson said he agreed with Councilmembers' comments but wanted to alert Council that the existing monuments, which were built as fountains, will be difficult to repurpose as it may cost more to do so then to demolish and construct new. PUBLIC HEARINGS — None DEPARTMENTAL REPORTS All reports are on file in the City Clerk's Office. 1. RESIDENT REQUEST TO AMEND MUNICIPAL CODE TO PERMIT CHICKENS ON RESIDENTIAL PROPERTIES THAT ARE LESS THAN ONE ACRE IN SIZE Councilmembers discussed the rationale for the one acre restriction; the small size of many yards, especially in the Cove; the possibility of drawing coyotes in some areas; community chicken coups; added burden on Code Enforcement; the sufficiency of the existing law, and; the different conditions of yard size and coyote sighting in northern La Quinta versus the Cove. CITY COUNCIL MINUTES Page 6 of 8 APRIL 4, 2017 12 2. 2017 GOLDENVOICE CONCERTS AT EMPIRE POLO CLUB IN INDIO Mayor Evans advised staff to stay engaged in meetings, priorities and partnerships. 3. REQUEST FOR PROPOSALS FOR INVESTMENT AND MANAGEMENT SERVICES FOR THE "OTHER POST -EMPLOYMENT BENEFITS TRUST" FUND Councilmembers expressed support for the creation of an irrevocable trust for the payment of retiree health benefits. MAYOR AND COUNCILMEMBER ITEMS Mayor Evans and Councilmembers congratulated Linda Williams, one of the eleven Riverside County recipients of the Senior Inspiration Award on March 24th at the 25th annual award ceremony. Councilmember Radi reported on the success of the 2017 Ronald McDonald Walk for Kids held March 25th in La Quinta where he presented a proclamation on behalf of the Council. Mayor Evans congratulated Miljenko "Mike" Grgich on his 94th birthday. Mayor Evans reported on her visit to the Hideaway community with John Gamlin where they presented updates on City projects. REPORTS AND INFORMATIONAL ITEMS La Quinta's representative for 2017, Mayor Evans reported on her participation in the following organizations meeting: • EAST VALLEY COALITION • GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU • COACHELLA VALLEY WATER DISTRICT POLICY COMMITTEE La Quinta's representative for 2017, Councilmember Radi reported on his participation in the following organization meeting: • SUN LINE TRANSIT AGENCY • DESERT SANDS SCHOOL DISTRICT COMMITTEE La Quinta's representative for 2017, Councilmember Sanchez reported on his participation in the following organizations meeting: • IID ENERGY CONSUMERS' ADVISORY COMMITTEE • DESERT SANDS SCHOOL DISTRICT COMMITTEE CITY COUNCIL MINUTES Page 7 of 8 APRIL 4, 2017 13 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 7:10 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California CITY COUNCIL MINUTES Page 8 of 8 APRIL 4, 2017 14 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND CITY CLERKS ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 400 IN RIVERSIDE, CALIFORNIA, JUNE 20 - 23, 2017 RECOMMENDATION Authorize overnight travel for the Deputy City Clerk to attend the City Clerks Association of California Technical Training for Clerks Series 400 in Riverside, California, June 20-23, 2017. EXECUTIVE SUMMARY The Deputy City Clerk seeks additional knowledge of the Clerk profession and the laws and ethics that govern it. This training is an important component of the City mentoring program. Technical Training for Clerks (TTC), Series 400, is a four -day intensive program which concentrates on the election process. FISCAL IMPACT Estimated expenses are $2,200, which includes registration, travel, lodging, and meals for four days. Funds are available in the 2016/17 Travel & Training and Mileage Reimbursement budgets (Account Nos. 101-1005-60320 and 101-1005-60330). BACKGROUND/ANALYSIS The CCAC was founded in 1977 with the objective of promoting the Clerk profession. It provides mentoring programs, leadership and management training opportunities, fosters proactive programs to promote effective legislation, and promotes uniform and improved standards of effectively administering Clerk duties. This training is one of four required courses in obtaining the Certified Municipal Clerk certification. The Deputy City Clerk will gain knowledge in key areas such as professional ethics; Political Reform Act; initiative, referendum, and recall; mechanics of conducting elections; election technology and systems; public speaking and making presentations; and the clerk as a professional model. This course offers a wide range of technical clerk knowledge and training in a concentrated amount of time and the ability to network with other professionals. 15 ALTERNATIVES The Council may elect not to authorize this request. Prepared by: Monika Radeva, Deputy City Clerk Approved by: Susan Maysels, City Clerk Attachment: 1. TTC Series 400 Schedule Brochure `T Welcome from Maureen Kane, TIC Institute Director Maureen Kane has served as TTC Institute Director since the program was developed in 2002. She is the instructor of record at the University of California Riverside. Maureen was honored to receive the 2013 IIMC Institute Director Award of Excellence in recognition of her contributions to the educational needs of Municipal Clerks and the advancement of the profession. Her focus on personal and professional development has created a "living program" which includes emerging topics and latest skill training. With a diverse background in municipal and non-profit organizations, Maureen is a frequent trainer and speaker. She is a current and founding board member of the California Ethics and Democracy Project. Maureen served as the Mayor's Chief of Staff in the City of Riverside until May 2015 and was elected to the Riverside City Council from 1993 to 2002. She served as a Board Consultant to the California Air Resources Board from 2004 to 2012. Her past affiliations include: Member of the National League of Cities Finance, Administration and Intergovernmental Relations Committee, Chair of the League of California Cities Revenue and Taxation Committee, Executive Directorof Continuing Education for Public Officials, President of the California Association of Leadership Programs. She has served as the Board President of a number of non-profit organizations and continues to serve on boards focused on community assets and leadership training. Maureen is a licensed California registered nurse. For Information www.maureenkane.com To contact Phone: (951) 789-8319 Maureen Kane Email: maureen@maureenkane.com or TTCwithKane@aol.com Mailing address Maureen Kane & Associates, Inc. P.O. Box 52355 Riverside, CA 92517 CCAC Scholarship CCAC Professional Development Director and Mentor Dawn G. Abrahamson, MMC Information City Clerk of the City of Vallejo dabrahamson@ci.vallejo.net The program begins Tuesday morning, June 20th at 9:00 and concludes Friday, June 23rd at 3:30. Participants earn 30 hours of IIMC course credit (15 points) toward the CMC and COB credential. Attendance at all sessions is required for course completion credit. There is no provision for partial credit or "make-up" assignments. Program Fee: $1670 $70 Cash Discount for payment via check $50 CCAC Member Early Bird Discount for registration completed prior to May 25th CCAC members who take advantage of the discounts opportunities are eligible for a total fee of $1550! Fee includes program fees, supplies, parking, Tuesday evening reception, Thursday evening banquet and daily breakfast and lunch. TTC Series 400 Schedule* 401 Professional Ethics 402 Political Reform Act 403 Initiative, Referendum and Recall 404 Mechanics of Conducting Elections 405 Election Technology and Systems 406 Public Speaking and Making Presentations 407 The Clerk as a Professional Model Participants are responsible for their own housing accom- modations. There are a number of hotel facilities within a short distance from the education building. Optional: 3 units of UCR Extension credit are available for an additional fee of $150 paid directly to Regents UC. This fee is payable after arrival at UCR and completion of all TTC registration. Cancellation Policy: No refunds if cancellation is received 2 weeks or less prior to the session. Administrative fee of $150 for all cancellations received more than 2 weeks prior to conference date. Course descriptions available on-line at maureenkane.com ATTACH M ENT 1 Technical Training for Clerks is a professional development program focusing on basic clerk duties, current trends, issues and challenges. The goal of the program is to increase technical skills and to enhance personal and professional growth. The TTC program is comprised of four unique sessions offering a variety of courses that adhere to the International Institute of Municipal Clerks core curriculum. The four TTC Series may be taken in any order. A letter of completion is issued for each 30 hour series completed. Completion of all 4 series is required for a certificate from TTC, CCAC and UCR. There is also an opportunity to receive an additional certificate in California Municipal Clerk training from UCR Extension for an additional fee and course work. The program is held at the University of California Riverside Extension Center and is an affiliate of the League of California Cities. Our trainers are professional clerks, university instructors and municipal government professionals. 2017 Dates: Series 100 September 12-15 2018 Dates: Series 200 March 13-16 Series 400 June 9-12 Series 300 September 11-14 D TTC is recognized by the City Clerks D Association of California (CCAC) and the California Clerk of the Board of Supervisors Association (CCBSA) as an official training m program leading to the professional accred- Z itation of Certified Municipal Clerk (CMC) --I and Certified Clerk of the Board1(;CCB). University of California Riverside Extension 1200 University Avenue Riverside, CA 92507 As co-sponsor and host of the TTC program, UCR Extension is part of the 10-campus University of California system and the world's largest and most renowned centers of higher education. UCR provides classroom and double occupancy housing in one building. Each room provides a private bathroom, TV, and free local phone services. Conveniently Located Ontario (airport) 25 min. Los Angeles 60 min. San Diego 90 min. Palm Springs 45 min. San Francisco 7 hrs. Las Vegas 4 hrs. ramento Southland Recreation Disneyland 55 min. Universal Studios 65 min. Knotts Berry Farm 45 min. Franclsco\ Mountains 40 min. \ Beaches 55 min. Riverside Los Ange es\,• Palm S'pr ngs Newport Beac --v �• San Die�o Endorsed by CCAC Board of Directors �VA N I cA y N � Z T 4-413 �O C C-2 aI �--2 X C= c� crr rn . N �p C7 W 7 3:. CM to o� —L CD University of California Riverside, Pension 1200 University Avenue Riverside, CA 92507 CONSENT CALENDAR ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT AGENDA TITLE: EXCUSE ABSENCES FOR PLANNING COMMISSIONER MARY CALDWELL FOR APRIL 25 AND MAY 9, 2017 PLANNING COMMISSION MEETINGS RECOMMENDATION Excuse absences for Commissioner Caldwell from the Planning Commission meetings on April 25 and May 9, 2017. EXECUTIVE SUMMARY Commissioner Caldwell requested to be excused from the April 25 and May 9, 2017 Planning Commission meetings due to a personal matter. She has no absences during this fiscal year. FISCAL IMPACT No meeting attendance compensation is paid to absent members. BACKGROUND/ANALYSIS The Municipal Code states: "If any member of a board, commission or committee absents him/herself from two consecutive regular meetings, or absents him/herself from a total of three regular meetings within any fiscal year, his/her office shall become vacant and shall be filled as any other vacancy. A board, commission or committee member may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent. If such permission or excuse is granted by the city council, the absence shall not be counted toward the above -stated limitations on absences." ALTERNATIVES Council may deny these requests, which would result in the absences being counted toward the commissioners' limitation on absences as noted above. Prepared by: Pam Nieto, Deputy City Clerk Approved by: Susan Maysels, City Clerk 19 20 City of La Quinta CITY COUNCIL MEETING: STAFF REPORT CONSENT CALENDAR ITEM NO. 4 AGENDA TITLE: APPROVE DECLARATION OF SURPLUS AND DISPOSAL METHOD OF CITY OWNED VEHICLES FOR CODE ENFORCEMENT RECOMMENDATION Approve the declaration of surplus and disposal method for five City vehicles. EXECUTIVE SUMMARY • Five code enforcement vehicles are at the end of their useful life and should be retired. Enterprise Fleet Management (Enterprise) will sell these vehicles at auction; the sale proceeds will be applied to lease replacement vehicles. • This property has a combined estimated market value of $20,500 to $25,500, which requires Council approval for disposal. FISCAL IMPACT The sale revenue will be recognized in Equipment Replacement Internal Service fund. BACKGROUND/ANALYSIS An analysis determined that five vehicles from code enforcement have reached the end of their useful life and need replacement. Per City policy each department head may declare items as surplus, determine the estimated market value, and recommend the most fiscally advantageous method for disposal. Staff determined that Enterprise's resources and industry knowledge would provide an efficient and cost-effective method to dispose of these assets. The total combined estimated market value of these vehicles ranges from $20,500 to $25,500 with an average of $23,000 (Attachment 1). ALTERNATIVES The City has elected to replace aged fleet vehicles with leased vehicles through Enterprise. Since the City does not need the surplus vehicles, staff does not recommend an alternative. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment: 1. List of surplus vehicles with market values 21 Estimated Market Value Last 6 ATTACHMENT 1 digits of I s Vehicle Vehicle # Year Make Model VI N Drivable? Low High Average V57 2007 Ford F-150 KB3146 Yes $ 4,500 $ 5,500 $ 5,000 V50 2007 Chevrolet Colorado 130282 Yes $ 3,500 $ 4,500 $ 4,000 V51 2007 Chevrolet Colorado 128740 Yes $ 3,500 $ 4,500 $ 4,000 V52 2007 Chevrolet Colorado 130765 Yes $ 3,500 $ 4,500 $ 4,000 V70 2009 Ford F950 A85937 Yes $ 5,500 $ 6,500 $ 6,000 Totals: $ 20,500 $ 25,500 $ 23,000 22 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, INC. FOR THE DUNE PALMS ROAD WIDENING IMPROVEMENT (PROJECT NO 2009-04) RECOMMENDATION Approve Amendment No. 1 to Professional Services Agreement with Bengal Engineering, Inc., in the amount of $34,200, for the Dune Palms Road Widening Improvement; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY • In June 2015, the City Council approved a Professional Services Agreement (Agreement) with Bengal Engineering, Inc. (Bengal) for engineering and right- of-way acquisition services for the Dune Palms Road Widening Improvement. The proposed improvements will construct Dune Palms Road to its General Plan Secondary Arterial configuration between Black Hawk Way and the northern bridge approach at the Whitewater River (Attachment 1). • Amendment No. 1 (Attachment 2), authorizes Bengal to perform additional services related to Parkway Landscape Design, Traffic Signal Modification at Dune Palms Road and Westward Ho Drive, and Right of Way Mapping and Acquisition Services. FISCAL IMPACT Current project cost is estimated at $2,483,000; Coachella Valley Association of Governments will provide 75% of costs, up to $1,862,250 and the City is responsible for the remaining 25% or $620,750. Following is anticipated project budget: Professional: $56,000 Design: $158,100 Inspection/Testing/Survey: $75,000 Construction: $770,000 Right of Way Acquisition: $980,000 Contingency: $443,900 Total Budget: $2,483,000 Adequate funding is available within the design budget. 23 BACKGROUND/ANALYSIS Bengal provides professional engineering and right-of-way acquisition services for the Dune Palms Road Widening Improvements, between Black Hawk Way and the northern bridge approach at the Whitewater River. Improvements include a new northbound travel lane, bicycle/golf cart lane, curb, gutter and a 6-foot wide, curb - adjacent sidewalk. Utility relocation and right of way acquisition are necessary to complete the project. The project is currently in the final design and right of way acquisition phase. Amendment No. 1 provides funding to amend the project scope to include the City's desert efficient landscape palette within parkways adjacent to the developed parcels on the east side of the roadway, and signal modification necessary to accommodate a dedicated right turn lane at the intersection of Dune Palms Road and Black Hawk Way. The amendment also provides for appraisal of the proposed roadway right-of-way owned by the City's Housing Authority. These tasks have now become necessary to meet the City's updated traffic, landscaping and right of way standards or requirements for the project. Contingent upon any unanticipated issues associated with the acquisition of the right- of-way from the mobile home park and/or English Congregation of Jehovah's Witnesses Church, construction is expected to begin in late summer or early fall 2017. ALTERNATIVES No alternative is recommended. Prepared by: Edward J. Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bengal Engineer PSA Amendment No. 1 24 ATTACHMENT 1 Dune Palms Widening Vicinity Map 80N by4� — R�� TORIhiC7l7R ® GALAXY URI s '^!. ILA QUA ropm uuhpa NA, rna-- 25 26 ATTACH M ENT 2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH BENGAL ENGINEERING, Inc. This Amendment No. 1 to Professional Services Agreement with Bengal Engineering ("Amendment No. 1") is made and entered into as of the 18th day of April, 2017 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Bengal Engineering, Inc., a California corporation ("Consultant"). RECITALS WHEREAS, on or about June 2, 2015, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Dune Palms Road Widening Improvement, Project No. 2009-04. The term of the Agreement expires on July 31, 2017; and WHEREAS, changes are indicated to the Contract Sum in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant to provide additional Engineering Services related to Roadway Landscaping Design, Traffic Signal Modification at Dune Palms and Westward Ho Drive, and Right of Way Mapping and Acquisition Services; NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.0 is amended to read as follows: Section 1.1 — Scope of Services. For the services rendered pursuant to this Agreement, Consultant shall provide additional services outlined in Exhibit "A" attached hereto and made apart hereof. 2. Exhibit A — Scope of Services is amended to include the additional engineering services outline with Exhibit A, attached and made a part hereof. 3. Exhibit B — Deliverables and Budget is amended as attached in Exhibit B. 4. Exhibit C — Schedule of Performance, is hereby extended through December 31, 2017 by this Agreement Amendment In all other respects, the Original Agreement shall remain in effect. Rev.2-5-14 27 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 9 to the Professional Services Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: William H. Ihrke, City Attorney CONSULTANT: Bengal Engineering, Inc. California Corporation s By: Name -Scott Onishuk, P.E. Title: Principal in Charge Rev.2-5-14 28 March 29, 2017 Tim Jonasson, P.E., Public Works Director/City Engineer City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 RE: Dune Palms Road Widening: City Project #2009-04 Additional Work Request #1 to perform additional work requested by the City including: A) Median/ parkway landscaping design B) Design of Traffic signal modification: intersection of Dune Palms and Westward Ho. C) Right-of-way mapping and acquisition activities Dear Mr. Jonasson, This letter proposes a contract revision, "Additional Work Request #1" for your consideration. This Additional Work Request was prepared as directed by the City to accommodate additional contract tasks including: A) Median Landscaping / Parkway Design As a result of additional consideration, the City asked has asked Bengal Engineering to add the preparation of landscaping plans for the proposed medians and the restoration of the parkway areas adjacent to the Mobile Home Park and Church to the project scope. B) Design of Traffic signal modification: intersection of Dune Palms and Westward Ho. As a result of modifications to the roadway, it has become clear that the project will require modifications for the signal at Westward Ho, to accommodate the additional width for the turn lane. These signal modifications were not included in our original scope of work. Bengal Engineering (805) 563-0788 250 Big Sur Dr. Goleta, CA 93117 29 Dune Palms Road — North Widening AWR #1 Q Right-of-way mapping and acquisition activities When the original contract was prepared, it was believed that the right-of-way for the Dune Palms Road Widening Project of would be acquired concurrently with the adjacent Dune Palms Bridge project, and that the right -of way mapping for the bridge project would include the area along the mobile home park for the road widening project. However, the acceleration of the project schedule means that right-of-way acquisition for the widening project must now include an additional right-of-way exhibit and legal description for the area within the mobile home park. As a related task,the City has requested for additional help for right-of-way appraisals n which will be performed under "Final Right of Way Services" The scope for this work is described in the attached, "Exhibit A". Total Additional Work Request total We look forward to hearing from you, � 5. 6 ., (�/L_ Scott Onishuk, PE $34,200.00 Page 2 30 Dune Palms Road — North Widening AW R #1 "Exhibit A": This exhibit describes the proposed scope for the additional services The task numbering reflects the same task numbers, where applicable, in the main Scope of Work in the City's agreement. Task 1A: Project Management & Coordination The Consultant will manage and coordinate with the landscape architect on the development of the landscaping plans. Consultant will also coordinate with both IID and CVWD on electrical and water service connections required for the proposed parkway landscaping on the east side of Dune Palms Road. Both services will be sized appropriately to support landscaping for the parkway segment along the east side of Dune Palms Road between Westward Ho Drive and the Coachella Valley Storm Water Channel, north side. Coordination shall include determination of service locations as well as the preparation, for city signatures, all required applications for service. City will be responsible for application fees. Task 4A: Legal Descriptions and Exhibits Consultant shall prepare one (1) additional Legal Description and Exhibit for the street right of way acquisition. At this time, Consultant assumes all temporary construction easements will not require a formal legal description and exhibit. Consultant shall also fill out the City provided Grant Easement documentation for the City's use during the acquisition process. Task 5A: Final Right of Way Services Consultant will prepare a narrative appraisal for the area needed for the widening of Dune Palms Road from the three La Quinta Housing Authority owned parcels located at the southeast corner of Dune Palms Road and Westward Ho. This is a partial acquisition appraisal for one larger parcel (3 APNS). This is a land only appraisal that will include the value of the larger parcel as well as the value of the part taken. The appraisals will be delivered in approximately 30 days from the notice to proceed. Page 3 31 Dune Palms Road — North Widening AW R #1 Task 6A: Roadway Improvement Plans The following plans will be added to the improvement plans per the original scope of services Landscape Improvement Plans Consultant will provide the following scope of work as it relates to the preparation of median and parkway landscaping plans associated with the Dune Palms Road North Widening project. Note, parkway landscaping plans will be provided for the restoration along the church frontage and new landscaping along the frontage of the mobile home park in the area between the perimeter wall and proposed sidewalk. Project Management and Meetings Consultant will manage and coordinate on the development of the landscape plans with street improvement plans. Landscape Consultant anticipates attendance up to four (4) meetings with staff and the project team during the project. • Staff Review of Conceptual Plan • Staff Review of Final Preliminary Plan • Staff Review of Working Drawings • City Council Preliminary Landscape Design Services Survey/Site Review — Consultant will review the existing site conditions. Landscape Base Sheets — Consultant will develop base sheets from the street improvement plans at an appropriate scale on City title block. Conceptual Planting Plan — Landscape Consultant will prepare a conceptual landscape plan for review by staff. Upon review and refinement of the concept, we will prepare a planting plan for the project site with a legend that calls out plant material by Latin and common names. After meeting and review of comments by the City, we will prepare a final color rendered preliminary plan for presentation. Opinion of Probable Construction Cost - Landscape Consultant will prepare an opinion of probable construction cost of the preliminary plan for use by the City. Final Design Services Upon approval of the preliminary design, Consultant will prepare the following drawings: Construction Plan and Details —This plan will layout concrete, boulders and cobble locations with call outs for finishes and details will be provided. Planting Plan and Details - This plan will illustrate the location of all plant material. A plant legend will describe the Latin and common names, sizes and remarks for each plant shown on the plan. Details will be provided as required. Page 4 32 Dune Palms Road — North Widening AWR #1 Irrigation Plan and Details —This plan will illustrate the location of all irrigation components. Details will be provided as required. Irrigation water budget calculations are included. CVWD submittal and approval are included as are plan check comments relative to gaining approval. Construction Specifications and Bid Documents — Detailed project description, preparation of bid schedules, bid item descriptions, and technical specifications will be provided. Agency Approval Landscape Consultant will submit to the City all plans, specifications, estimates, and/or other necessary documents required to obtain approval. The following plan check submittals are included: • 1st Review — Concept Review • 2nd Review — 85%-90% Check Plans and Specifications • 3rd Review —100% Check Plans, Specifications • 4th Review — Preliminary Final (screen check) Landscape Consultant will make revisions as required by the City and resubmit plans for approval. Final plans will be submitted to CVWD and Riverside County Agricultural Commission for approval. Deliverables: All approved plans will be provided to the City on CD-ROM in the requested AutoCAD version, as well as on "D" size Mylar (the cost of Mylar production will be considered a reimbursable cost). Specification documents, including technical specifications, will be provided in Microsoft Word for Windows format. The Opinion of Probable Construction Cost will be provided in Excel format. Bidding Phase Pre- Bid Meeting — Landscape Consultant will attend, as requested by City Staff, the pre - bid conference and answer questions. Bid Solicitation — Landscape Consultant will provide bid assistance to include answering questions from prospective bidders. Construction Services Construction Observation Services — Landscape Consultant will provide construction observation services upon request by the City. The following Construction Services are recommended; • Review Rock and Boulder Layout • Review of plant material locations prior to installation • Review of Irrigation Mainline test • Review of emitter placement • Review Final Installation and Irrigation Coverage • Final punch list Page 5 33 Dune Palms Road — North Widening AWR #1 Consultant will respond to Requests for Information and provide clarification on plans as required. Signal Modification Plans Consultant will prepare a signal modification plan for the Dune Palms Road and Blackhawk Way / Westward Ho intersection. The following are items which will be required for the development of the signal modification plans. Research, Investigation, Review of Existing and Proposed Conditions Consultant will research and review available data for use and reference for preparation of the Traffic Signal. Anticipated tasks include: • Obtain record drawings or any available drawings. • Perform a field review of the site to verify existing conditions. • Perform a field review of the site to verify record drawings. • Review Project traffic study, project conditions of approval, and proposed roadway improvements. Upon completion of the above items, Consultant will identify any potential constrains that may be encountered in relation to proposed improvements. Traffic Signal and Intersection Lighting Modification Plans, Specifications, Engineer's Quantity and Estimates Consultant will prepare traffic signal and intersection lighting modification plans for one (1) traffic signal system. The traffic signal and intersection lighting plans will be prepared at 1"=20' scale and in accordance with standards set forth by the City of La Quinta and Caltrans. A traffic signal detail sheet will be included showing traffic signal equipment details. Consultant will also prepare project specifications and engineer's quantity and construction cost estimates for the traffic signal systems. Consultant will not provide signal timing and coordination for the above mentioned signal. Page 6 34 _ Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under Amendment 1 to this Agreement is Thirty -Four Thousand, Two Hundred Dollars ($34,200.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of One Hundred Fifty -Eight Thousand, One Hundred Dollars ($158,100.00) after the consideration of Amendment 1. Previous Contract Amount through Contract Amendment No. -0- $ 123,900.00 Add this Amendment $ 34,200.00 Revised Contract Total $ 158,100.00 Rev.2-5-14 35 Dune Palms Road — North Widening AWR #1 "Exhibit B": With the exception of compensation, Additional Services provided for in Section2.3 of this Agreement, the maximum total compensation to be paid to Consultant under Amendment 1 to this Agreement is $34,200.00 ("Contract Sum"). The Contract Sum shall be paid to Consultant in conformance with Section 2.4 of the Agreement. The following represents the revised contract total of Thirty Four Thousand Two Hundred Dollars after the consideration of Amendment 1. Previous Contract Amount Add this Amendment Revised Contract Total $123, 900.00 $ 34,200.00 $ 158,100.00 Page 7 36 Dune Palms Road — North Widening AWR #1 Proposed Fee The following is the proposed fee to revise and complete the construction documents for the North Dune Palms Road Widening plans from the northern project limits of the Dune Palms Road Bridge project to the intersection of Blackhawk Way / Westward Ho Drive. Proposed Fee Task Task Cost 1A- Project Management & Coordination $6,400.00 Utility Service Connection Coordination $600.00 4A—Legal and Exhibits $1,250.00 5A--Final Right of Way Services -Appraisals $4,800.00 6A— Landscaping Improvement Plans Project Management & Meetings $1,250.00 Preliminary Design $2,700.00 Final Design $4,900.00 Agency Approval $850.00 Bidding Assistance (T&M) $450.00 Construction Services (T&M) $1,800.00 6B —Signal Modification Plan $8,400.00 task subtotal $33,400.00 Reimbursable -Budget for Mylar record drawings $800.00 total this AWR $34,200.00 Page 8 37 Dune Palms Widening Additional Work Request #1 March 1, 2017 "Exhibit C": Schedule of Performance The anticipated date of completion is extended from July 18, 2016 to December 31, 2017. Bengal Engineering, Inc. Page 9 38 City of La Quinta CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT CONSENT CALENDAR ITEM NO. 6 AGENDA TITLE- APPROPRIATE FUNDING TO REPLACE THE SKATE PARK AND AWARD A CONTRACT TO PACIFIC TENNIS COURTS, INC. TO CONSTRUCT TENNIS AND PICKLEBALL COURT CONVERSION IMPROVEMENTS AT FRITZ BURNS PARK (PROJECT NO. 2016-04) RFCOMMENDATIAN Appropriate $170,000 from the Park Equipment Replacement Fund to replace the skate park at Fritz Burns Park and award a contract to Pacific Tennis Courts, Inc. for $387,859 to construct the Tennis and Pickleball Court Conversion Improvements. EXECUTIVE SUMMARY • This project is in direct response to multiple resident requests for pickleball courts and additional tennis courts at Fritz Burns Park. (Attachment 1). • Pacific Tennis Courts, Inc. of Moorpark, California, submitted the lowest responsive bid at $397,659 (Attachment 2). There is a budget deficit of $70,000. • Staff does not anticipate lower bids if this project is re -bid. • The additional appropriation of $100,000 would expedite the skate park replacement at Fritz Burns Park. FISCAL IMPACT The project is in the 2016/17 Capital Improvement Program (CIP) using Quimby Funds. Considering project costs to date and the construction bid, the adjusted budget is: CIP Budget Adjusted Budget Professional: $ 23,250 $ 15,000 Design: $ 30,000 $ 15,000 Inspection/Testing/Survey: $ 29,250 $ 37,000 Construction: $ 300,000 $ 387,859 City Administration: $ 15,000 $ 15,000 Contingency: $ 39,750 $ 37,391 Future Skate Park Relocation $ 0 $ 100,000 Total Budget: $ 437,250 $ 607,250 The Park Equipment Replacement Fund has $2.5 million available. 919 BACKGROUND/ANALYSIS This project will convert one tennis court to four pickleball courts, convert the existing skate park to two tennis courts, resurface the remaining tennis courts, and install benches. Staff proposes relocating the skate park for an estimated $100,000 to the adjacent underutilized parking lot. Once the current skate area is removed for additional tennis, the skate park users will most likely skate on the new courts because of the absence of a skateable area. The future X Park is still a few years away from completion and funds are currently available in the Park Equipment Replacement fund. On March 9, 2017, staff solicited construction bids from qualified court contractors. The City received 4 bids on April 6, 2017 (Attachment 2). Analysis of the bids reveals that the deficit is due largely to the mobilization and court surfacing bid items. The mobilization bid item ranged from $5,000 to $54,000. The engineer's estimate was $25,000. The court surfacing price ranged from $37,000 to $66,000. The engineer's estimate was $17,000. About 6 years ago, these same courts were resurfaced for $12,000. Sealing costs have risen about four -fold over the last 6 years. This is likely a result of increased materials cost along with increased labor costs as a result of the prevailing wage requirement. Staff does not recommend awarding the additive alternate ($9,800) to install tilt -up benches instead of standard benches. The following is the proposed project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (75 Working Days) Accept Improvements ALTERNATIVES April 18, 2017 April 19 to May 17, 2017 May/September 2017 September 2017 Council could reject all bids and direct staff to re -advertise the project. Council could delay funding the relocation of the existing skate park. Prepared by: Ed Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary ATTACH M ENT 1 Fritz Burns Park Tennis and Pickle Ball Court Conversion cc co LU Vicinity Map 48TH I AVENUE r LU w 1J` DI C) 50TH AVENUE � I A cz).UINI—A wc� ,ALLE AMPiCO Q 52ND AVENUE FRITZ BURNS PARK PROJECT w SITE N.T.S. 41 42 Fritz Burns Tennis and Pickleball Conversion Improvements Project No. 2016-04 BID OPENING: APRIL 6, 2017 Engineers Estimate Item No. Description QTY Unit Unit Price Extended Price 1 Mobilization 1 LS $ 25,000.00 $ 25,000.00 2 Traffic Control/Site Protection 1 LS $ 1,500.00 $ 1,500.00 3 Dust Control 1 LS $ 2,500.00 $ 2,500.00 4 Remove Existing Concrete Sidewalk 858 SF $ 2.10 $ 1,801.80 5 Remove Bench and Legally Dispose 6 EA $ 100.00 $ 600.00 6 Modify Ex Landscaping & Irrigation As Needed 1 LS $ 3,000.00 $ 3,000.00 7 Furnish and Install 6" Minus Crests Rubble Crushed Rock 405 SF $ 4.00 $ 1,620.00 8 Remove and Patch Wrought Iron Fence 60 LF $ 50.00 $ 3,000.00 9 Prep, Prime, and Paint Wrought Iron Fence 122 LF $ 20.00 $ 2,440.00 10 Patch Drain Hole in Existing Block Wall 1 LS $ 500.00 $ 500.00 11 Adjust Pull Box to Grade 1 EA $ 250.00 $ 250.00 12 Construct 4"-12"-1- Class II Aggregate Base 1 LS $ 30,000.00 $ 30,000.00 13 Furnish And Place 10 Mil Vapor Barrier 2 Layers) 14,400 SF $ 1.25 $ 18,000.00 14 Construct Tennis Court Pad 1 LS $ 110,000.00 $ 110,000.00 15 Adjust Water Meter to Grade 1 EA $ 500.00 $ 500.00 16 lConstruct Sidewalk 1,550 SF $ 4.00 $ 6,200.00 17 Modify 12' High Chain Link Fence 120 LF $ 25.00 $ 3,000.00 18 Modify 3' High Chain Link Fence 1 LS $ 1,000.00 $ 1,000.00 19 Construct 3' High Chain Link Fence 60 LF $ 45.00 $ 2,700.00 20 Construct 12' High Chain Link Fence 340 LF $ 58.00 $ 19,720.00 21 Furnish And Install "Mini Channel" Drain System (Or Approved Equal) 116 LF $ 120.00 $ 13,920.00 22 Prepare Court Surface 42,300 SF $ 0.10 $ 4,230.00 23 Tennis Court Surface 49,694 SF $ 0.35 $ 17,392.90 24 Pickleball Court Surface 7,006 SF $ 0.45 $ 3,152.70 25 IMoclify Electrical 1 LS $ 8,500.00 $ 8,560.00 26 Tennis Court Net 7 EA $ 210.00 $ 1,470.00 27 Pickleball Court Net 4 EA $ 180.00 $ 720.00 28 Tennis Court Post 2 EA $ 500.00 $ 1,000.00 29 Pickleball Court Post 1 8 EA $ 500.00 $ 4,000.00 30 Tennis Court Anchor 1 EA $ 100.00 $ 100.00 31 Pickleball Court Anchor 4 EA $ 100.00 $ 400.00 32 Bench 14 EA $ 1,500.00 $ 21,000.00 SUBTOTAL BID ITEMS 1-32: $ 309,217.40 ADDITIVE ALTERNATIVE No. 1 Item No. Description QTY Unit Unit Price Extended Price 1 Deduct Bench 14 EA $ 1,500.00 $ 21,000.00 2 Tilt-U Bench 2-Seats 14 EA $ 3,000.00 $ 42,000.00 SUBTOTAL BID ITEMS 1-2: $ 21,000.00 Pacific Tennis Courts Unit Price Extended Price $ 45,000.00 $ 45,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 31000.00 $ 8.00 $ 6,864.00 $ 200.00 $ 1,200.00 $ 3,000.00 $ 3,000.00 $ 20.00 $ 81100.00 $ 200.00 $ 12,000.00 $ 10.00 $ 1,220.00 $ 500.00 $ 500.00 $ 750.00 $ 750.00 $ 12,000.00 $ 12,000.00 $ 1.00 $ 14,400.00 $ 92,500.00 $ 92,500.00 $ 2,500.00 $ 2,500.00 $ 10.00 $ 15,500.00 $ 40.00 $ 4,800.00 $ 4,000.00 $ 4,000.00 $ 50.00 $ 3,000.00 $ 70.00 $ 23,800.00 $ 50.00 $ 5,800.00 $ 0.75 $ 31,725.00 $ 1.00 $ 49,694.00 $ 1.00 $ 7,006.00 $ 5,000.00 $ 5,000.00 $ 400.00 $ 2,800.00 $ 300.00 $ 1,200.00 $ 1,500.00 $ 3,000.00 $ 2,000.00 $ 16,000.00 $ 500.00 $ 500.00 $ 250.00 $ 1,000.00 $ 500.00 $ 7,000.00 1 $ 387,859.00 Trueline Construction and Surfacing Unit Price Extended Price $ 13,000.00 $ 13,000.00 $ 2,000.00 $ 2.000.00 $ 1,000.00 $ 1.000.00 $ 10.50 $ 9,009.00 $ 100.00 $ 600.00 $ 9,900.00 $ 9,900.00 $ 14.60 $ 5,913.00 $ 153.35 $ 9,201.00 $ 82.80 $ 10,101.60 $ 400.00 $ 400.00 $ 1,300.00 $ 1,300.00 $ 12,400.00 $ 12,400.00 $ 0.63 $ 91000.00 $ 122,700.00 $ 122,700.00 $ 2,400.00 $ 2,400.00 $ 12.30 $ 19,065.00 $ 98.35 $ 11,802.00 $ 4,900.00 $ 4,900.00 $ 160.00 $ 9,600.00 $ 175.60 $ 59,704.00 $ 31.90 $ 3,700.40 $ 0.58 $ 24,534.00 $ 0.75 $ 37,270.50 $ 0.80 $ 5,604.80 $ 3,500.00 $ 3,500.00 $ 400.00 $ 2,800.00 $ 420.00 $ 1,680.00 $ 4,100.00 $ 8,200.00 $ 1,012.50 $ 8,100.00 $ 300.00 $ 36,0 00 $ 75.00 $ 300.00 $ 1,500.00 $ 21,000.00 1 $ 430,985.30 Unit Price Extended Price Unit Price Extended Price $ 200.00 $ 2,800.00 $ 1,500.00 $ 21,000.00 $ 900.00 $ 12,600.00 $ 465.00 $ 6,510.00 $ 9,800.00 $ (14,490.00) ATTACH M ENT 2 Desert Concept Construction C.S. Legacy Construction, Inc. Unit Price Extended Price Unit Price Extended Price $ 5,000.00 $ 5,000.00 $ 54,074.00 $ 54,074.00 $ 7,000.00 $ 7,000.00 $ 2,749.00 $ 2,749.00 $ 8,000.00 $ 8,000.00 $ 8,432.00 $ 8,432.00 $ 5.00 $ 4,290.00 $ 3.00 $ 2,574.00 $ 300.00 $ 1,800.00 $ 163.00 $ 978.00 $ 3,800.00 $ 3,800.00 $ 3,062.00 $ 3,062.00 $ 6.50 $ 2,632.60 $ 11.00 $ 4.455.00 $ 35.00 $ 2,100.00 $ 116.00 $ 6,960.00 $ 10.00 $ 1,220.00 $ 25.00 $ 3,050.00 $ 300.00 $ 300.00 $ 1,994.00 $ 1,994.00 $ 50.00 $ 50.00 $ 837.00 $ 837.00 $ 15,000.00 $ 15,000.00 $ 50,850.00 $ 50 850.00 $ 0.40 $ 5,760.00 $ 0.11 $ 1,584.00 $ 150,000.00 $ 150,000.00 $ 70,397.00 $ 70,397.00 $ 150.00 $ 150.00 $ 1,842.00 $ 1,842.00 $ 8.00 $ 12,400.00 $ 6.00 $ 9,300.00 $ 52.00 $ 6,240.00 $ 141.00 $ 16,920.00 $ 600.00 $ 600.00 $ 1,803.00 $ 1,803.00 $ 25.00 $ 1,500.00 $ 116.00 $ 6,960.00 $ 90.00 $ 30,600.00 $ 169.00 $ 57,460.00 $ 65.00 $ 7,540.00 $ 95.00 $ 11,020.00 $ 0.50 $ 21,150.00 $ 0.24 $ 10,152.00 $ 0.75 $ 37,270.50 $ 1.32 $ 65,596.08 $ 2.00 $ 14,012.00 $ 1.68 $ 11,770.08 $ 50,000.00 $ 50,000.00 $ 13,219.00 $ 13,219.00 $ 250.00 $ 1,750.00 $ 2,098.00 $ 14,686.00 $ 240.00 $ 960.00 $ 2,110.00 $ 8,440.00 $ 750.00 $ 1,500.00 $ 450.00 $ 900.00 $ 750.00 $ 6,000.00 1$ 450.00 $ 3,600.00 $ 650.00 $ 650.00 $ 152.00 $ 152.00 $ 650.00 $ 2,600.00 $ 152.00 $ 60' $ 1.200.00 $ 16,800.00 $ 1,257.00 $ 17,598.00 $ 418,675.00 1 1 $ 464,022.16 Unit Price Extended Price Unit Price Extended Price $ 1,200.00 $ 16,800.00 $ 1,257.00 $ 17,598.00 $ 1,700.00 $ 23,800.00 $ 2,085.00 $ 29,190.00 $ 7,000.00 $ 11,592.00 TOTAL BID ITEMS: $ 330,217.40 $ 397,659.00 $ 416,495.30 $ 425,675.00 $ 475,614.16 Denotes Calculation Error 4/6/2017 Page 1 of 1 43 44 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING* April 18, 2017 STAFF REPORT AGENDA TITLE, ADOPT A RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO.37207 AND APPROVE AGREEMENT REGARDING REAL PROPERTY BETWEEN COACHELLA VALLEY WATER DISTRICT AND CITY OF LA QUINTA ASSOCIATED WITH THE SILVERROCK RESORT DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 52 RECOMMENDATION Adopt a resolution granting conditional approval of Final Parcel Map No. 37207 and approve Agreement Regarding Real Property between Coachella Valley Water District and City of La Quinta for the SilverRock Resort development, and authorize the City Manager to execute the agreement. EXECUTIVF SUMMARY • In order to advance development of the SilverRock Resort the City must subdivide the property in order to provide developable parcels to the developer, SilverRock Development Company, LLC (SDC). Approving a final parcel map is a ministerial action that occurs when the conditions of development are satisfied. Submitting non-interference letters from utility companies, addressing City Surveyor's minor comments on the map, and obtaining signatures are the only outstanding items, which staff anticipates will be completed within the next 30 days. Additionally, the Coachella Valley Water District (CVWD) requests the City approve an agreement to have the irrigation system modifications and improvements be completed before the City sell or convey their interest to others. CVWD will issue a non-interference letter in support of recordation of this map after the agreement is executed. FISCAL IMP.AC- There is no fiscal impact. This parcel map is proposed to facilitate sale of property and for finance purposes. The irrigation system modifications and improvements will be completed by SDC. BACKGROUND/ANALYSIS The SilverRock Resort development is a resort, commercial and residential development consisting of two hotels, a conference center, clubhouse, spa, meeting center, shared service facility, and residences located at the southwest corner of Jefferson Street and 45 Avenue 52. (Attachment 1) The Final Parcel Map subdivides the property into 20 planning area parcels. (Attachment 2) On the City's behalf SDC's engineer has sent out requests for non-interference letters for this map from utility companies. CVWD responded by requesting the City enter into an agreement to ensure certain irrigation laterals be relocated and abandoned, and certain irrigation lateral easements be quitclaimed and dedicated. With the exception of the parcels for the luxury hotel, luxury residences and conference facilities, these irrigation system improvements will have to be completed before the City sells or conveys its interest for any other parcels. CVWD will submit a non-interference letter for the map after the City signs the agreement (Attachment 3). ALTERNATIVES Without a non-interference letter from CVWD the City will be unable to record the Final Parcel Map. Therefore, staff does not recommend an alternative. Prepared by: Bryan McKinney, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Parcel Map 37207 3. Agreement Regarding Real Property 46 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 37207 AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present a map for consideration of approval when the requisite items necessary for a final map approval are nearly, but not completely, finished; thus, yielding to the subdivider additional production time for preparation of those items; and WHEREAS, City staff and the City Council acknowledge that sufficient progress regarding items required for final map approval has been made, and agree that it is reasonable for the items to be satisfactorily completed within thirty (30) days without adversely impacting other ongoing work commitments of City staff, and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by City staff within a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The Final Parcel Map 37207 is conditionally approved provided all required item(s) are submitted on or before May 18, 2017. SECTION 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act, and all ordinances of the City. SECTION 3. The City Engineer shall withhold his signature from the map until the following requirement and any other requirements not expressly described here to the City Engineer's satisfaction have been completed: A. Finalize the final parcel map and obtain all necessary signatures 47 Resolution No. 2017- Parcel Map No. 37207 Adopted: April 18, 2017 Page 2 B. Provide non-interference letters from utility companies SECTION 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. SECTION 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 18, 2017. If the requirements in Section 3, herein, have not been satisfied by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 18th day of April 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 48 ATTACHMENT 1 PARCEL MAP NO. 37207 m Ir cn � a AVENUE 52 AiPROJECT SITE PGAIWEST VICINITY MAP NOT TO SCALE 49 50 MIS SUVIVISIOVCOVTALYS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNI-`, 20 NUMBERED PARCELS 7 LETTERED PARCELS PARCEL MAP N 0. 37207 27 PARCELS TOTAL 521:33.ACRES GROSS BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, OWNER'S STATEMENT WE HEREBY 51 AIE THAT WE ARE THE OWNERS DE THE LAW INCLUDED WITHIN THE 5L,BOIVTSTQN SHOWN FEREgy THAT WE ARE GE ON.Y PERSONS WHOSE CONSENT IS ACCESSARY TO PASS A CLEAR TITLE TO SA 10 LAM; THAT WE CONSENT TO TIE MAKING AM RECORDING OF THIS SURUIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER L INC. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOUR PUBLIC PURPOSES' WE HEREBY DEDICATE TO THE CITY OF LA QUINTA, PARCEL "A' (JEFFERSON STREET), PARCELS B- AND -C' (SILVERRCO'K WAY), PARCEL "0" (AHWAGON DRIVE), AM PARCEL "E' (MONTAGE LAKE), AS SHOWN ON THIS PARCEL MAP. THE DEDICATION IS FOR PLBLIC STREET AM PUBIC UTILITY PURPOSES. WE CEDER RELIACUISH VEhffat ,R ACCESS RIGHTS TO AHEM£ 52 EFFERSON STREET AM AWME 54 EXCEPT AT APPROVED LOCATIONS. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR ACRID PURPOSES WE HEREBY DEDICATE TO THE Cl TY OF LA QUINTA, POPE EASEMENTS SHOWN AS '10' PIE' ON THIS PARCEL MAP. DE DEDICATION IS FOR PUBLIC UTILITY PURPOSES. INTERNATIONAL APRIL 2015 TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCOROIM TO TIE RECORDS DE THIS OFFICE, AS OF THIS DATE, THERE ARE AV LIENS AGAINST THE PROPERTY SHOWN ON TIE WITHIN MAP FOR LOPAID STATE, COUNTY, AMANICIPAL, OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $ DATED,, , 20 DON RENT, COUNTY TAX COLLECTOR BY. , DEPUTY TAX ROAD (ERTIFICATE 1 HEREBY CERTIFY THAT A BONG IN DE SLM OF f HAS BEEN EXECUTED AM FILED WITH RE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON TIE PAYMENT OF ALL TAXES, STATE, COUNTY, "ICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES WHICH AT THE TIME OF FILING CR THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT ACT YET PAYABLE AM SAID BOND HAS BEEN DUEY APPROVED BY SAID BOARD OF SUPERVISORS. BATED20 WE HEREBY RETAIN PARCELS 'F" AND 'G" FOR LANDSCAPE AND OPEN SPACE PURPOSES, AS SHOWN HEREON, FOR PRIVATE USE FOR TIE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGAEES AM LOT OWNERS WITHIN THIS CASH OR SURETY TAX BOW RECTA HARPER THEM PARCEL MAP. BON KEN T CLERK DE THE BOARD OF SUPERVISORS COUNTY TAX COLLECTOR CITY CF LA MIKA, A CALIFORNIA MUNICIPAL CORPORA TICIV AM CHARTER Cl TY BY. , DEPUTY BY , DEPUTY (SIGNATRR0 (SIGMTRRv) SIGW RIE QN/SSIQVS li�i%E (TITLE) (TITLE) PURSUANT TO SECTION 66436 OF TIE SLWIVISIDN MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AM/DR OTHER INTERESTS HAVE MEN OMITTED.' ABAAVOYIENT AV PURSUANT TO SECTIONS 66434(g) OF THE SITEDIVISIAV MAP ACT, TIE APPROVAL AND RECORDATION DE THIS PARCEL MAP CONSTITUTES ABAWONAENT DE THE FOLLOWING THOSE PORTIONS DE EASEMENTS FOR PUBLIC STREET AND UTILITY PURPOSES OVER PARCELS "I' AND 'J' CSILVERROCK WAY). PARCEL "K' (AMAANSON LAM). PARCEL 'L' (P' STREET), AND PARCEL "M' ("A' STREET). AS SWWN AND DEDICATED ON PANEL MAP M. 33367, PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RNERSIOE COUNTY STATE OF CALIFORNIA, WITHIN THIS PARCEL MAP, AND NOT SHOWN HEREON. THE UNITED STATES OF AMERICA, HOLDER OF RIGHTS OF WAY FOR DITCHES AM CANALS, RECORDED JUY 74, 1970 IN BOOK 6 OF PATENTS, PAGE 1 (BLANKET OVER THE WIGS, AE 114, SECTION 8), MAY 16, 1914 IN BOOK 6 OF PATENTS. PAGE 307 (BLANKET OVER DE SET/4, SEC. 6), AW 57FTEAEER 2, 1922 IN BOOK 8 OF PATENTS, PAGE 273 (BLANKET OVER SE 714 STC, 6,' LOTS 2 AW 3, NE 114, BE 114, SEC. 8, AND W 712. M 114 SIFE 8), ALL O.R.; AND H'QEXR OF EASEMENTS FOR PIPE LlMS AM INCIDENTAL PURPOSES, RECORDED DECEAEER 15, 1952 AS BOOK 7424, PAGE 200, ,NAY 2, 1953 AS BOOK 1487, PAGE 425, AND RECORDED AUGUST J, 1990 AS INSTRUMENT W. 287668, AM TERMS AM PROVISIONS CONTAINED IN THE DULYMENT ENTITLED -NOTICE DE DISCONTINCED USE OF EASEMENTS BC'UtDER CANYON FRO,ECT ALL AM1ERICAN CANAL SYSTEM, COACELLA DIVISION, CALIFORNIA', RECORDED DECEMffiER 6, 2004 AS INSTRUMENT M. 2004-0967905 (USE IS DISC'GNTBu4ED BUT RIGHTS REMAIN); ALL O.R. SOUTHERN SIERRAS POWER COMPANY, HOLDER OF EASEMENTS FOR PUBLIC UTILITIES AM INCIDENTAL PURPOSES, RECORDED FEBRUARY PACE 24, 1926 AS BOW 664 OF DEEDS, PA337, FEBRUARY 15, 1929 IN BODY 7D5 OF DEEDS, PAGE 507,,' MARCH 28, 7929 IN BOOK 804 OF DEEDS, PACE 10(} AND APRIL 11, 1929 IN BOOK 806 DE DEEDS, PAGE 220. NEVADA CALIFORNIA ELECTRIC COMPANY, HOLDER OF EASEMENTS FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED DECEMBER 21. 1937 AS BLOT 353. PACE 282. AM JANUARY J 1938 AS BOOR 355. PACs 586; BOTH O.R. IMPERIAL IRRIGATION DISTRICT, MOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED MAY 14, 7952 AS BOOK 1358' PAGE 355'' MAY 19' 1955 AS BOOK 1740, PAGE 345, MAY 23, 1955 AS 800K 1741, PAGE 46,1 UAE SO, 1955 AS BOOK 1756, PACE' 274 APRIL 26, 1961 AS INSTROENT M. 35576' AND RECORDED MVEMPER 3, 2014 AS INSTRUMENT M. 2014-0417728' ALL O.R. Q MRAL TELEPHONE COMPANY H X DER OF AN EASEAENT FOR PUBLIC UTILITY AND INCIDENTAL PU4P05ES, RECORDED NOVEMBER 6, 1985 AS INSTRLAENT M. 250971, O.R. GTE CALIFORNIA IMDRFORATED, HOLDER DE AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED SEPTEACER 8, 1999 AS IMTRUMENT M. 1999-402112, O.R. COACHELLA VALLEY WATER 01STAITI, FOLDER OF AN EASEENT FOR ACCESS ROAD AM INCIDENTAL POWDERS, RECORDED SEPTREER 18, 2000 AS IWTRAMENT M.2000-364484; AND AN EASEMENT FOR ACCESS PURPOSES, RECORDED OCTC�R 74, 2005 AS INSTRU,EM W. 2005-1852063, AM AN EASEMENT FOR SEWER PIFELIW AM INCIDENTAL PURPOSES RECORDED MAY 7, 2008 AS INSP?U ENT W. 2008-0242520, AM AN EASEMENT FOR CANAL W ROAD 4W AINCIDENTAL PURPOSES, RECORDED APRIL 14, 2014 AS INSTRUMENT W. 2014 OIJ5323, AND APRIL 24, 2014 AS IWTRUENT W. 2014-0149791, ALL O.R.; AND AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES AS SHOWN OR DEDICATED ON AB 224124-59, SHEET 1 OF 16 SHEETS REMER'S STATEMENT FILED THIS _ DAY OF 20_ AT M. IN BOOK OF PARCEL AMPS AT PAGES AT TIE REQUEST OF THE CITY CLERK, CITY OF LA QUINTA. AV. FEE $ PETER ALDANA, ASSESSOR -COUNTY CLERK -RECORDER BY. DEPUTY YBDIVISION GUARANTEE' FIDELITY NATIONAL TITLE COMPANY SLRYEYOR'S STATEMENT THIS MAP WAS PREPARED BY AE OR UIVER MY DIRECT SUPERVISION AND IS BASED ON A FIELD SURVEY IN COMEORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AAN LOCAL ORDINANCE AT TIE RECUEST OF SILVER70LW DEVELOPMENT COMPANY, IN APRIL 2015. 1 HEREBY STATE THAT ALL MCMAENTS ARE OF THE CHARACTER AM OCCUPY THE POSITIONS INDICATED, OR WILL BE IN PLACE WITHIN OE YEAR OF BE FILING OF THIS MAP WITH PE COUVIY RECORDER, AND THAT SAID AbwxNTS ARE SUFFICIENT TO ENABLE TIE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. RE SURVEY IS TRDE AM COMPLETE AS SHOWN. �pl IAWp DATED; 20�J S'�ORHER L, �BGi P P CHRISTt � L.S. 8508 ITS N. 8508 � ! 97f OF Cpl\{OQ� CITY SURVEYOR'S STATEifNT 1 HEREBYSTATE THAT 1 HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP M. 37207 CONSISTING OF SIXTEEN (16) SHEETS AM THAT I AM SATISFIED THIS MAP IS TECHVICALLY CORRECT. GATED; 20 R EiiMII ERIC A. NELSON, CITY SURVEYOR NELSON L.S. 5563, EXP. 9/30/I7 i LSl9 CITY ENIAEER'S STATEMENT 1 HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL MAP M. 37207 CONSISTING DE SIXTEEN (I6) SHEETS' THAT THE SIUIWDIVISION SHOWN THEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF ANY, AND APPROVED ALTERATIONS THEREOF]THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND LOCAL ORDINANCES HAVE BEEN COMPLIED WITH. DATED' , 20 TIMOTHY R. J"SSON, ROE 4584J EXP. 72/31/18 PL&.IC WORKS DIRECTOR/CITY ENGINEER 0 LA MIKA CITY COUNCIL CERTIFICATE I, SUSAN MAYSELSM , CITY CLERK AEX-OFFICIO OERK OF THE CITY COUNCIL DE DE CITY OF LA QUINTA, CAL IFORNIA, DO HEREBY STATE THAT SAID CITY CO ICIL AT ITS REGULAR MEETING HELD ON THE DAY OF , 20_, APPROVED TFE WITHIN MAP OF PARCEL MAP W. 37207, AM ACCEPTED THE DEDICATION OF PARCEL "A" (JEFFERSOV STREET), PARCELS B" INS-C' (SILVERROCK WAY), PARCEL 0" (AHMMANSON DRIVE), AND PARCEL "E" (MONTAGE LAM) FOR PIRLIC STREET AND PC& IC UTILITY PURPOSES; THE PU78LIC UTILITY EASEMENTS: AND ACCEPTED TIE VEHICULAR ACCESS RIGHTS AS DEDICATED HEREON. WE HEREBY CERTIFY TIE ABAWWMEM OF DE FOLLOWING' THOSE PORTIONS DE EASE7ENT5 FOR PUBLIC STREET AW UTILITY PURPOSES OVER PARCELS -I- AND "J' (SILVERROCK WAY). PARCEL "K' (AHM4ANGOV LANE), PARCEL -L " (-B STREET), AM PARCEL 'M' ('A" STREET), AS SHOWN AND DEDICATED ON PARCEL MAP M. 33357, PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, WITHIN THIS PARCEL AMP. LA QUINTA REOEVELQPAENT AGENCY, HOLDER OF AN EASEMENT FOR PUBLIC INGRESS AND EGRESS, RECORDED AXE 27, 2002 AS INSTRAENT W. 2002-352579, O.R. DATED; 20_ SUSAN MAYSELS SOUTHERN CALIFORNIA GAS COPANY, HOLDER DE AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, CITY CLERK AND EX-OFFICIO CLERK OF THE RECORDED APRIL 28, 2005 AS 1NSTRUENT W. 2005-0337291, O.R. CITY COUNCIL OF THE CITY OF LA WINTA 51 THIS SWIVISIMCWTAIAS• If. THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 2 OF 16 SHEETS 20 NUMBERED PARCELS I LETTERED PARCELS PARCEL MAP N 0. 37207 27 PARCELS TOTAL 521.33 ACRES GROSS BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE', 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M'. INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTT, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2015-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. i. INTERNATIONAL APRIL 2015 MJTARY AgOMtlI{LEDi AEA/T DTART PDRLIG DR OFFICER CEWPT—NG THIS E INCIATE WHO S oNLT THE IOCUMEx OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO AMARY A20QLLQZMA R DF PLE NOiART PUBLIC OR 0 FICER CE- ITS CERTFICATE VERIFIES ONLY ME IOENTTTTNT F THE WHO SIGNED THE DOCUMENT TO , AND 0 NOT TI THH'UIHFULNE55 . ACCURACY. OR VALIDITY OF Ai DOGUMErvT_ STATE OF ) HIS CERTI UT TRUTHFULNESS, ACCURACY. AOREVALIDITTNOF AlAT pOCUMENi, DOCUMENT STATE OF ) COUNTY OF ) SE. COUNTY OF ) SS. ON BEFORE WE, A NOTARY PUBLIC A NOTARY PUBLIC ONBEFORE W.(INSERT (INSERT NAME) NAME) PERSONALLY APPEARED FERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE WO PROVED TO AE ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS) WHOSE NAAE(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ARE ACKNOWLEDGED TO ME THAT HE/SEE/TFEY EXECUTED THE SANE IN SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACWAOX-EDGED TO ME THAT FIE/SE/THEY EXECUTED THE SAME IN HIS/H!R/TFWIR AUTMMIaD CAPACITY(IES), Alm THAT BY HIS/HER/THEIR SIGNATIUF(S) ON THE INSTRUVENT 14I5/FfR/74FIR ALITAC?12ED CAPACITY(IES), AND THAT BY HIS/PER/THEIR SIGNARXII(S) ON M INSTRLP.ENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH PERSON(S) ACTED, EXECUTED THE INSTRUENT, THE PERSON(S), OF HE ENTITY I.PLN BEHALF OF WHICH PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UN.GER FMTY ZF FERIRY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE FOREGOING I CERTIFY UNDER AMTY OF RR/RY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE FOREGOIN6' PARAGRAPH IS TRUE AND CORRECT. PARAGRAPH IS TRUE AND CORRECT. WI TAESS MY FUND WITNESS MY HAND SIGNATURE MY COMMISSION EXPIRES MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS IS COUNTY. MY PRINCIPAL PLACE OF BUSINESS IS COUNTY. 52 At. (cOLLECfofrhEDFS€Rr) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 3 OF 16 SHEETS N. 2,2i0, i&1.27 D 63AES5 FEWWNA,EVW50A5N7 DESCRIPTION) PARCEL MAP NO 37207 0x o.1'lil OPENING � �. (sF£ nCs PL9Lrs1E0 onrn srEET Y' FOR MO -lyet_c no42'3]^"42'18^� ❑i CN O.fi' N89°56'18'E I � 92' (I]0J.8%n� N=46°42'g5' (R,1 (R�2�'�%q J . I 0.2'E0CJ62J e<i PARCEL PARCEL 17 All, w �a° P PARCEL 16 00ry OLIO, lortlll la ( ��� �10 � I 1 uu P.6• 10 � �w:�'^� e ° - i} J N09:52'40 EE 2 42 53 N89'52'23'E 2642.65') OON 0.4' S0 6 U / y, PAR. 5 PARCEL 6PARCEL 'E' p�`�7 a II to ❑1 ON 0.2' 49 PARCEL 17 (4; PARCEL'P' ❑1 °. ]' 47 N30_52_32"W(R) I ON 0.6' e I 3 N51 23' 'E(a) 1 DN 0.3' 4fi 45 44 43 1 3 ❑1 M 0.3' 42 41 6 wRR�a=%5 PARCEL? 0� PARCEL 'G' 17 n II �CN O.A' Rl t9`' 4 59 0 0.1 ill 3ve S.wal 40•55 tiG ,ElRI �a 1" PARCEL 18 "Ill ) r III 1 0n "R&- . ,A. 9 34 33 PARCEL 3 II Dry 31 29.., N.A.P. } ❑1 ON 0.z' m 214 2R-39 �5ri Je ^ PARCEL 20 ❑1 ON 0' i' PARCEL 4� N m � \ �ON Le' DETAIL •G' 5 W SCALE AVENUE 54 ❑i ON 2.2' 4 PARCEL 18 2647 43' _ 23 (N8.9'S2'13'E 2647.72�1 M 0.4' 22 AVEME 50 21 _ 20 3 G t9 �j ON 6.2'18 AVENIE 5] ❑1 ON 2.0' i6 EE]W4 0.2%,- O0.N 0.9' % 5 AVEN4: 59 "-2 PR VICINITY MAP' N ,1-- PARCEL 19 65 /a �zk 65 �/ 0, 10' SOUTH 11 64 � fi9 z/ 0.0a' IEsr D.Ez' mut1111 �sr �� fib N}q•41'33_E(�- C.03EAST ♦TR� \ 67 \ N89°52'20'E 2647,43' DETAIL N89 VE 54I.72' ) A w SCALE 5 AVEE NUUE 54 � �,.. • •� 500 250 0 500 1000 1500 SCALE: 1"=500' BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE, 10-19, INCLUSIVE', 21, 'A' THROUGH 'E', INCLUSIVE', AND 'I' THROUGH 'M', INCLUSIVE', OF PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO, 2016-0007, RECORDED 12/14/2016 AS INSTRUMENT NO, 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. cm, • - SiRWYOU ADZES' UA *Ap I N TERN A T I 0 N A L 1. DE BASIS ON BEARINGS FOP MIS SCRVFY IS TIE CALIFORNIA COLRDiNAT SYSTEM, CCS 83, 2CMF 6, AS 52 42J,559A,) APRIL 2015 DETERMINED LOCALLY DY TIE LINE SETMEEN USC&G5 STATIONSLA QUINTA CS2605 (P491) ANDCOLLEGE OF DE DESERT (COTO), U-TIONS PER NATIONAL GEOETIC SURVEY GAGES, EPOCH 2O11..00) AS SM1WN M TFL 210j81" MTI"L GEODETIC SURVEY PGKlWD DATA SFEETS 6ElX AWTH ID'16'J0.2]' MDT. NO�,Iy5 11] 42' ACCESS OPENlw A/ 1 III '"'/ 2. IXVFDINATES AS SIDNN FEREON ARE IN DD%F OF TIE CALIN CY30RSIMT SYSTEM OF IWO (CC583), ZGE 6 (EPIKH 10I1. 00). BASED LOCALLY IRON TW FIXLOWIAG CCWTfMAMIS WE CONTROL STATIONS AS PIKISHED zq�L-16u �)RMM3g_i6J3. oI 4 -1004.05' (1084.05') /¢ BY iFE NATIONAL GEODETIC SLRVEY. NB9'S1'17"E 264.95 (N09'S1'03"E 264121) 1 E2,18I1,764.489�/ W9'S1'1]"E En 2 w P49i N. 2, 152, 119.43 E. 6, 568. )29, 81 LI}2t.08 (1J21_12') PARCEL 15 L'" COTD N. 2,210, 180,27 E. 6,420,050,95 _Po)L l662 ^) 11 CAO3' T�B1.29' CALC0) 1084 05' (t064.05') N0Y 44_n E(� AS fl/s JIN T . CONiOINAhT SYDNN VEFEON ARE IXPRESSED EENS ON RE NS SARVEY FOOT. 9 N69'S1'17'E 9FE DETAIL 'A' NOE 4. DISTANCES SSOMd hEREWDI ARE C DISTANCES UV.ESS ODERWI9E TO GRID INVERSE ON 0, 9' 1 10. 31 2 21 1 1 F, DI DISTANCES TO GRpAtl DISTAM".Y"5, DIVIDE ARID DISTAfJGi BY 0.9999151.J,.0 OYp6INFO FACT0.P TO C44TplN 751 INED F �3 � �25' ^ » � ^ t 6RA'Ap DISTANCE 5. CALCULATIONS FROM GRID TO 6RO.M VALGE5 AND CONVERGL7DE ANGLE FOR IRIS SURVEY ERE M AT A ( n�\� PCINI Oi WITH EODRD. ff N 6, 555, 986.9A50 % E 2,167,764. C1Y97', USIM AN EL. LF 29.l4 (NAVD88). \ PARCEL 16 PARCEL 15 _ =(EPOCH 6. [J INDICATES CALCOLATED GRID DISTANCES AND "IAGS BASED ON CALIFORNIA COORDIMTE SYSTEM ON 1983 2O 11-00), AS SMMN FEREULS. 2 1 $ v ]HIS MAP CG4TAINS 2q A4:AEERED PARCELS, J LETIE{E0 PARCZS, A^D 51j 33 ALRESPARCEL 8. 1LLLIMICATES ABUTTERS RIGHTS ON ACY,E55 CEDIC . TO CITY OF U QUINTA ON PARCEL MAP W. 33367, N89'S3'05'E 2693.02' (N89'52'48'E 2693.31') T - - - FILED IN 80AG' 224 CF PARCEL WAS, PACES 24 TFRIX.G4 39, INCLUSIVE. 2632.90' 26M.76' CALC'0 - _ ...1111 - 4 < 9. SEE SIfE'T 4 FOR EA.R7.EM NOTES. _ _ N.A.P. ALL AMER92,2G AN CANAL 130.09 S "n � < 10, NO SEE GREET 4 DATA TABLE FOR CURVE AND CUUr5E DATA. 2291.99 "E 29' ❑12 ON 0.2' N09'S}'O6"E 2352.03' (N89'S2'48"E 2352.33') 1 ON 0.3' 7 ON 0.2' DETAIL 'B• 6 W SCALE 1 �' j E% 1 il. (R) IDICATES RADIAL BEARING AS NOTES, 2 I2. ALL MYKdEMS DOWN AS SET MILL BE SET 111111 CME YEAR AFTER GE RECORDATION OF THIS NAP. PARCEL 9 I� JI PARCEL 14 I 9 F !3, 4T I' IRON PIPE NOSED 'L. S. 6508", FLUENT OR LEAD, TACK AND TAG "L. 5. 8.508", FLUS4, IN COYCRETE OP A SPIKE W/BRASS WASYR STRIPED "L.S. 8508", FLUSH, IN ASPRLT PAVE r HAVING A MICKAE55 LF 2" i yA M OR ZRE AT ALL REAR PARCEL -ERS, REAR AND SIDE PARCEL ANKLE POINTS ADD ENDS CF CUR✓E. IN LIEU GF FRONT C6PTCRS, SET LEAD, TACT( AND TAG "L. S. 8508", AT P.L. PRDS ON TOP OF CIRlB. i1S 18 - - _ tW5 �c o 8 PARCEL 19 14. DENOTES RECORD DATA PER REFEREACE5 BELOW.. RECLI9J ANG AEASINdD -A 'fi -� - - RECORD DATA PER M 124/24-39 l �2 T (i RECORD DATA PER LLA X16-GOES, IN5i /1016-0557237, REG. 1211412016 N89°5VAS' 2644. AS' -- , - - - - PARCEL 4RCEL 19 P CEL 10 Q.. PARCEL 11 3 0.4' 5 N1- n PIOLYA l EIRI YNlO23� a 5 112 31 16 15 � ; T--- PARCEL 13 l PARCEL 12 sb4 gE OEfA1L 'G' � 11 52 N 0r 59 9 'o PAR. 20 ❑9 w 02. 1 54 30 9 ON 0.4' 55 `- 9 N09°52'20"E 2647.43' (N09'S2'13'E 264].72') 6 AVENUE54 A80 NAP. PARCEL 9 P463J367 SEE DETAIL'G" 114,87 ACCESS 59J 8'E OPENIN OPENING G 224/24-39 (N89'49'28'E) PAP 214/24-J9 (197.95') 80l ARY AA19 PROCEDME OF SOMEY SCALE 7"=500' 0 INDICATES SET 1-1/2' CORPERN'ELD MXd&rtNT STRIPED LS 8508", FIRSH LFMTES FGGN9 MWL4f TS AS NOTED @1OM. 3 n 70 o � ®INDICATES PLBLISEO LCKATICIV OF USCkGS GPS C.O. R. S. STATION, VP� ■ INDICATES F(M,M NAIL AM TAG LS 4665', FLUSH, IN PAYEAENT. VP INDICATES FIXBD 441,NAENT AS NOTED AND REFERDMEI FE M 69 ❑1 FpPLUG STAMPED i' IRON PIPE WITH PLASTIC PLSTAMPED 'LS 4665', FLUSH OR WITH DEPTH AS NDIEO, PER PARCEL 19 PAE 224/24-39. Q C Fq i' IRON PIPE WITH BRASS CAP, ILLEGIBLE. BENT, ON. 1. 7'. PER M 224/24-39, SET 1' -iEIROV PIPE rA6GED "LS.. 95M8 , ON. 2. 8'. ACCEPTED AS NORTHWEST CCRVER SECTION 8. �3 FOIFD NAIL IN LIEU OF SPINE W TAG PER PMB 24/24 J9. SET I" IRON PIPE TAGGED "LS 850' FOR (DRIP 1/9 6DPASS SEC rim 8, 1i ® FLV.4D I" I- PIPE WITH PLASTIC P. STAAPEO "?0" (ILLEGIBLE). DV 2.J', ND RETERENKE. 6 9 IF 0.1' PARCEL 9 ACCEPTED AS NDRP,EASr OTIPAER SECTION 8. P.A6 224/24 -J9 O FEUD 1' IRON PIPE, UEJJ, ON. 0. 1', PER PAB 224/24-39. SET TAG "LS 8.503" FOR SX/M I/4 PARCEL 12 CORNER SECTION 6. 61 9 ON 0, 3' © FC 1-1/4' IRON PIPE WITH i-OS" &BASS CAP STAMPED 'PLS 6697, RU,91, PER M214/24-39. ACCEPTED AS SOUTHEAST CRNER SECTION 8. 62 \ \N ❑7 1298" (ILLEGIBLE). FLU4I. PER P&P 63 2"4'IN 239/4ACCEOIWNUPTFEAST2CL14AER CF SECTIIXJE07Y5 N82' 13'S4'M(R) ® FOGD J/4" IRDN PIPE, C ,, GJ. D.4' LR AS Wf M DFM AS NOTED, PER PAD 224G?4-59. SET TAG DETAIL •I" LS 8508", NO SCALE ❑g F" 3/4" IRON PIPE WI M PLASTIC PLUG STA4PED "LS 4665', FLUSH OR WITH DEPTH AS NOTED, PER AVENUE 54 M 224/24-J9, 10 FOBD 314" IRON PIPE N!M PLASTIC PLUG STARRED "LS REDS', PER PAB 224/24-39, M. 0.2" (LA QUINTA C52005) 0,07' DWTH AND 0,20' EAST OF CORRECT POSITION. .152,729.43 .568, 729.81 77 FOI,M NAIL W TAG "LS 4665" FUM PER PW 214/24-39. AGS P(/9L ISEED DATA SHEET WDV WNT DESCRIPTION) 12 FOI.M i' IRU4 PIPE, OPEN. O.N. 0. 3' LR AS NOTED, PER PIN 224/24-J9. 53 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT OISCLOEED BY 7HE PUBLIC RECORDS CAMWF BE LUCATEO FROM RECORD DOCUMENT) 2. RIGHTS OR RE PUBLIC IN AND TO ANY PURFION OR THE LAND LYING WITHIN ANY LAWEULY ESTABLISHED STREET, ROAD OR HIGHWAY, EXCEPT MYffFE VACATED. A RIGHT OF WAY FOR DIMES AAD CANALS AS RESERVED BY THE LIVIM9 STATES OF AMERICA IN TIE PATENT RECORDED .A,EY IA, 1910 IN BOOK 6 OF PATENTS, PAGE 1 (BLANKET OVER THE W1/2, AE114, SEC. 8) A RIGHT OR WAY FOR DITCHES AAD CANALS AS RESERVED BY TIE UNITED STATES OF AMERICA IN THE PATENT RECORDED MAY 16, 1914 IN BOOK 6 OF PATENTS, PAGE 307 (BLANKET OVER ME SE1/4, SEC. 6) 5, A RIGHT OF WAY FOR D/TCIES AAB CANALS AS RESERVED BY DE UNITED STATES OR AMERICA 1N RE PATENT RECORDED SEPTEMBER 2, 1922 IN BOOK 8 DE PATENTS, PACE 273 (BAN'0T OVER LOTS 2 AND 3, N'EI/4, SE1/4, SEC. 8) EASEMENT OR UNSPECIFIED WIDTH FOR PURL IC UTILITIES AND 1NCIDENTAL PURPOSES IN FAVOR DE SM7ERN SIERRAS POWER COMPANY, RECORDED FEBRUARY 24, 1926 AS BOOK 664 OF DEEDS, PAGE 337. AEASES ENT OF UNSPECIFIED WIDTH FOR PLBLIC UTILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN SIERRAS POWER COMPANY, RECORDED FEBRUARY 75, 1929 IN BOOK 796 OF DEEDS, PAGE 507, O.R. AEASEMENT OF CNs IED WIDTH FOR POLE LINES AM INCIDENTAL PURPOSES IN FA VCR OR SOUTHERN SIERRAS POWER COMPANY RECOI MARCH 28. 1929 IN BOOk 804 OF DEEDS, PAGE 100. AEASEMENT OF UNSPECIFIED WIDTH FOR PLBL IC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF SOUTHERN SIERRAS POWER COMPANY, RECORDED APRIL IT, 1929 IN BULK 806 OF DEEDS, PAGE 220. AEASEMENT OF 05-ECIFIED WIDTH FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF NEVADA CALIFORNIA ELECTRIC COMPANY RECORDED DEV IBER 21, 1937 AS BOOK 353, PAGE 282, DR. 71 EASEMENT OR UNSPECIFIED WIDTH FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF NEVADA CALIFORNIA ELECTRIC COMPANY, RECORDED ✓ANUARY 3, 1938 AS BOOK 355, PACE 566, O.R. AEASEMENT OF UNSPECIFIED WIDTH FOR PUBLIC UTfLI71ES AND INCIDENTAL PURPOSES IN FAVOR OR IMPERIAL IRRIGATION DISTRICT, RECORDED. NAY 14, 1952 AS BOOK 1368, PAGE J65, 0. R. 13 EASEMENT FOR PIPE LINES AND INCIDENFAL PURPOSES, IN FAVOR OF TFE (MI TED STATES OF AMERICA, RECORDED DFMV8ER 15.. 1952 AS BOOK 1424. PAGE 200, O.R. 14 EASEMENT FOR PIPELINES AND INCIDENTAL PURPOSES IN FAVOUR OF TIE UVITED STATES DE AMERICA, RECORDED ,ALY 2, 1953 AS BOOK 1487, PAGE 425, O.R. AEASEMENT DE UNSPECIFIED WIDTH FOR PIPE LINE AND INCIDENTAL PURPOSES IN FAIRER OF IMPERIAL IRRIGATION DISTRICT, REClm0E0 MAY 19, 1955 AS BOOK 1740, PAGE 345, O.R. 16 EASEMENT OF U✓SPECIFIED WIDTH FOR POWER LINES AND INCIDENTAL PUPOSES IN FAVOR OF IMPERIAL IRRIGATION DISTRICT, RECORDED MAY 23, 1955 AS BOOK 1741, PAGE 466, O.R. QEASEMENT OF UNSPECIFIED WIDTH FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OR IMPERIAL IRRIGATION DISTRICT, RECORDED USE 23, 1955 AS BOX 1756, PAGE 278, 0, R. A18 EASEMENT OF USPECIED WIDTH FOR POWER LINES AND INCIDENTAL PURPOSES IN FAVOR OF IMPERIAL IRRIGATION DISTRICT, RECORDED APRIL 26, 196T AS IAISTRLENT W. 35578, O.R. 19 EASEMENT FOR P(BL IC UTILITIES AND INC/DENTAL PURPOSES IN FAVOR OF GENERAL TELEMM COMPANY OF CALIFORNIA, RECORDED NUV£ME R 6, 105 AS INSTRUMENT W. 250971, O.R. IC. THE CITY OF LA QUINTA, COUNT'( OF RIVERSIDE, STATE OF CALIFORNIA. PARCEL MAP NO. 37207 BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE', 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M'. INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2015-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. i. INTERNATIONAL APRIL 2015 24 EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES IN FAVOR OR TNE UNITED STATES DE AERICA, RECORDED AUGUST 3, 1900 AS IN5TRUENT W. 287668. O.R. QEASEMENT FOR FUEL TO UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF GTE CALIFORNIA INCORPORATED, RECORDED SEPTEMEER 8, 1999 AS INSTRAENT NO. 1999-4027 I2, O.R. 29 EA TO BUILD AN ACCESS ROAD AND ACIDI PURPOSES IN FAVOR OF 049ELLA VALLEY WATER DISTRICT, RECORDED SEPTEABER 18, 2000 AS INSTRUMENT M. 2000-364484, 0. R. AD EASEMENT FOR PUBLIC INGRESS AAD EGRESS IN FAVOR OF LA QUINTA REDEVELOPMENT AGENCY, RECORDED .APE 27, 2002 AS INSTRUTE7JF W. 2002-352579, O.R. 31 TERMS AND PROVISIONS CONTAINED IN TIE DLCUUENT ENTITLED "NOTICE OF DISCONTINUED USE OR EASEMENTS BORDER CANYON PROE'CT ALL UERICAN CANAL SYSTEM, COACHELLA DIVISION, CAL IFORNIA" RECORDED DECEl6ER 6, 2004 AS INSTRUMENT NO, 2004-00 67905, 0. R. (USE 15 DISCONTIM" BUT RIGHTS REMAIN) A10' EA.I FOR PUBLIC UTILITIES AZ INCIDENTAL PURPOSES IN FAVOR OR SOUTHERN CALIFORNIA GAS COMPANY, RECORDED APRIL 23, 2005 AS INSTRUMENT NO. 2005-033729 I, 0. R. DESCRIBED AS BEING LOCATED 5' ON EACH SIDE OF GAS LINE AS INSTALLED. (CANNOT BE LOCATED FROM RECORD DOCUENF - SNOWN IEREDN FROM AVAILABLE UTILITY RECORDS) AEASEMENT FOR ACCESS PURPOSES IN FAVOR OF C04G I A VALLEY WATER DISTRICT, RECOPIED SO7ORER 14, 2005 AS INSTRUMENT NO. 2C05-1852063, O,R. AEASEMENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OR COAOELLA VALLEY WATER DISTRICT AS SUO N OR DEDICA FED ON MB 224/24-J9. AEAS T FOR PEDESTRIAN ACCESS AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF LA QUINTA AS S WV OF DEDICATED ON MY 224/24-39, PIPELINE EASEMENT FOP STORM MAIN AM LAKE LEVEL MAIN7FNAM AND INCIDENTAL PURPOSES IN FAVOR OF CI FY OF LA QUINTA AS SNDWN OR DEDICATED ON AB 224/24-39. AEASEMENT FOR SEWER PIPELINE AND INCIDENTAL PURPOSES IN FAVOR OF COACHELLA VALLEY WATER DISTRICT, RECORDED MAY 7, 2008 AS IMSTRUENT NO. 2008-0242520, O.R. EASEMENT FOR CANAL AND ROAD AND INCIDENTAL PURPOSES IN FAVOR OF COACHELLA VALLEY WATER DISTRICT, RECORDED APRIL 14, 2014 AS IA57RI.MENT NO. 2014-0135323, O.R.; AND RECORDED APRIL 24, 2014 AS INSTRUMENT NO. 2014-OI49791, O.R. AEASEMENT FOR PUBLIC UTILITY PURPOSES IN FAVOR OF IM IPIAL IRRIGATION DISTRICT, RECORDED A'OVfMBER 3, 2014 AS INSTRUENT W. 2014-0417728, 0. R. EASEffNTS IN FAVOR OF CITY OF LA QUINTA FOR PUBLIC STREET AND UTILITY PURPOSES OVER PARCELS "1" AAW "✓" (SfLVERROCK WAY), PARCEL "K" (AMAANSON LADE), PARCEL Y" ("B" STREET), NO PARCEL "M" ("A" STREET), AS 9DWN AND DEDICATED ON PARCEL MAP AO. 33367, PER MAP FILED IN BOOK 224, PACES 14 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFPCE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALNFORNA, WITHIN THIS PARCEL MAP, ABANDONED AND NOT SHOWN HEREON. TO' PIE INDICATES 10' PUBLIC UTILITY EASEMENT AS DEDICATED HEREON. 0�0�0 SHEET 4 OF 16 SHEETS ®®m 54 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 5 OF 16 SHEETS PARCEL MAP NO. 37207 - - - - - - - - - - - - - - - - -- --i BEING A SUBDNISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'MINCLUSIVE; OF 1 PARCEL MAP NO, 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. I PARCEL 17 jj O7 j INTERNATIONAL +a PAR CELi 116 i APRIL 2015 p. Y r—----------—r-----I---Ij----------------I m YI I I I I AI I PAR. 5PARCEL 6 I I I p'6P �'Tq PARCEL 'E' I I I PARCEL 17 2 <N. PARCEL 'F' I I I II I PARCELI16 O I I I $ PARCEL 16 I I 1 I PARCEL 7 I I I PARCEL'G' I I I I I I I I ---- L—. PAR. 8 —� ----- —EL rPARC ----------I' IIL 18 I EL -- --- I PAC 3 N.A.P. ALL AAERTCAN CANAL I _ I �I PARCEL 4 11 \ i +CEL 9 i P PARCEL 14 I II I I I PARCEL 18 I I ---1 I I r l I ----------- I IJPgRCEL I 11 — — — — A Pry iG PARCEL 19I I I PARCEL 11 14 I I 13 � I I I I I I I L___________ r----------- — I I I I _--- I I � a o� PARCEL 13 PARCE� 12 15 I I I j I 16 I I I I I PA R• 20 I I I i I i 250 0 500 1000 1500 I I I I SCALE: 1"-500' L__ __ _________ _J �IX MAP N.AP PAM9 ®DENOTES 5/#ET P16 224�39 55 n (- w w V1 Ld Ld 100 50 0 100 200 300 SCALE: 1 "=100' 'LlJLP 0.2' I I I I I I I I I I I I I I 4& I I I I I I I I I I II o. l' N69'56'19"E 663.18'i89°55'44'E 663.14') `fit I II N 'M'M'E 17M.92' (17W 87' c C'D) 868. 44' (861.83' DLC'D) \ 1249.67' PARCEL 17 65.63 AC. II // II / Ix / 9 DN 0.3' 398.98' I I 9 N63'2]'22"E 398.97' NW 26'21 E II II II I II I II II II � II II I II II I II ❑9sal, ❑9 E440.3' W8'27'20'W 243.89' PARCEL 1 (N86'27'B'W 244.20') ll.90 AC. I II IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 6 OF 16 SHEETS PARCEL MAP NO. 37207 BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21, 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO, 2016-0007. RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. i INTERNATIONAL nLwu46 APRIL 2015 AVEWUE _ N69'S6'19"E 1045.64(10956''20'E 104584') 5'1 659.57' 386.0]' (386.2]') _�— — � =H8 42'31' (R--200—.pp,)q� L=1630.4q' O[N 0.2' 9 IP 0.1' 8 �—�•4z18' L-163p 31' 5')RYM 348-]8' (348,79') 2 I Ito} 83' (�1p182) 20 19 318.42' B 34.5'L=1581.86' 1-'8J>.>5'1$`) \S PARCEL 16 77. 13 AC. sO"ass �s,9o.'kbW � �'q6s q . PARCEL P �0! I SEE SHEET - 10 - - - f 2 F- w w N LJ N NOTE: SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES. VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP it L-9_73'I I � ZL00355" R=2000.00' L=14fi8.36' .y �08 3] 54 L 333 BOB 3] 54 L 333 6 �c=42'03'S5' R-1984.50 LL=14 9]1 .y LANE PARCEL 5 — — 56 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. NOTE: SEE SHEET 3 FOR BOUNDARY CONTROL, PARCEL MAP N0. 37207 SURVEYOR SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE', 10-19, INCLUSIVE; 21; 'A° THROUGH 'E', INCLUSIVE; AND 'i' THROUGH 'M'. INCLUSIVE; OF '.FEE SHEET 5 FOR SHEET INDEX MAP. PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2015-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. i. INTERNATIONAL APRIL 2015 SHEET 7 OF 16 SHEETS DATA TABLE BE RADIUS LENGTH D9 37 54 1984.50 333.60 \ 5T � 21�1812D V31 100 50 O 100 200 300 �9 DN a. C , 'e& /.5�`¢� \ SCALE: 1"=100' I II � I \ II \\ II II \ \ II II II I I I flvs.a I I sa. PARCEL 16 Aro 77.13 T'897 2g. C C6'L1 39\7 - — — — SILVERRpW war PARCEL 'B' - -13- a464'3 C �— a 6'2D,3 PARCEL 5 _-rs•D3.,u• BB�a=746e 3c PARCEL 6 h �' 4 azq B36.z9'_ \ II - n o J / �r-- =- __ -- _----- ___ =--- SEE SHEET 9 57 11 THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 100 50 0 100 200 300 PARCEL MAP N0. 37207 SCALE: 1'=100' BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE', 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M'. INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY H- \ RECORDER OF COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2015-0001, W\ COUNTY, RECORDED 12/14/2016 AS INSTRUMENT N0. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUN, CALIFORNIA; LOCATED WITHIN SECTIONS 2 A N 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 0.1 6�3g 09 1N05170 rn INTERNATIONAL \4 ¢ Ga AID5 - - - - - - T'891iA-q - - �� 34 E_ �— - - - ,F7 ION 0.9' 12 OPENI . 6]. A W JL N69'51'17'E 1321. W' (N69°51'03"E 1321,) ') — — — __---� '1682.3>'CplC'N)--------------- — --- _---_1---------------------------------- — — — — — — — — — —� � — — — — — — — — — N89°St'I7'E i6B4.05' (N69'S1'03'E 1064, 05') � 216.16' a 85J.89' I I I I I I I I I I I I I I I W DJ N I I La La PARCE_ 16 77.13 C. I I I \ti I I VV I I I I \q I I - \, h. PARCEL 15 I I PARCEL 'B' \ 4.57 AC. PARCEL 8 5.96 AC. \ 4 SEE SHEET 12 NOTE: SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SHEET 8 OF 16 SHEETS 58 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SHEET 9 OF 16 SHEETS PARCEL MAP N0. 37207 NOTE: 100 50 0 100 200 300 SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES. MONUMENT NOTES, EASEMENT BEING A SUBDIVISION OF PARCELS FILED INCLUSIVE; 4 PA INCLUSIVE; 21; 'A' THROUGH E, INCLUSIVE; AND 'I' THROUGH CM', INCLUSIVE; OF \ NOTES, VICINITY MAP AND BASIS OF BEARINGS. SCALE'. 1"=700' PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A" THROUGH 'CS INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, SEE SHEET 7 SEE SHEET 5 FOR SHEET INDEX MAP. RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS PAR L 16 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. "Ig INTERNATIONAL �RZ�Oa vac\? PARCEL 1 — — — — _ _ APRIL 2015 r. - tpy Ij_ph d9j.2g'(a46.4r , _____ 'b Jj \2�a21 --� __-- -- gl 23 PARM 'B' ----- - � RCEL 5 \ l 3.18 AC. v. v 11 II ` % �. A 30• to s �1 PARCEL 6 a�®mimm��mmn� am�imm�ammm�� ®m�3lQdimm�mmmo� m�©mm�mmo� m®mmlmm�mmmo� mmHmmim��m�ml mm�imm�mm�� m�lm�mmmn� m�mimm��mmn� mm�mimm�mm�� m�lmm�mm�� mmmmim�mmmn� m®mmlmm�mma� mm�mm�mmmn� I®mom©mm�mmn� Imp©emme� PARCEL 16 77, 13 AC. I I I I I I I I I I I I I I I I I I I I I 51 I �I 59 IN THE CITY OF LA QUINT' %;NTY OF RIVERSIDE, STATE OF CALIFOR?.IP, � SEE SHEET 6 " z s PARCEL MAP NO. 37207 �9 'A' 'E', 'I' 'I ��. BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21; THROUGH INCLUSIVE; AND THROUGH INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY g` M�'S5'S2•W(R) RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, / r RECORDED 12/14/2016 AS INSTRUMENT N0. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 9 w 8 D PR6 aa6� wg2.15_46_W(R1 sy ` INTERNATIONAL / Qw+ 0, 4' 6 /y r APRIL 2015 i 1 M0.5' 2 l // ©Rw / �z 5 3• PARCEL 17 65. 63 AC. DATA TAELE 8 m �`s 0 0 g I 1 IXJ 0 2' 1q 1 ON D.]' \N PARCEL 17 13 y. �. 6 UO AC, Raolus LeNCTH TANGENT - - 201.98 202. W' - - - - 124.08 12 - - - 7" 22.02 122.00' - 135.W RIM - 70. W Rtl - 88.49 88. 48' 51.26 - - s9.00' RIM -- 135.00 R&M 182.69 1W.42 - 4]. W 7W. 86.65 61.95 - -- - 64.02 64.00' -- - - 88. ]8 88.50' - 89 So' 90.00 PJw 153. 51 55 103.04 -- „6 W R. -- 8.72 m�0 PARCEL 1 w 13.W AC. 9 SITo.3' g. a� El FW 3/4' IRON PIPE WITH 613S 9j�E PLASTIC PLLG STAWED 'US 4665', SHEET 10 OF 16 SHEETS ,1 NOTE: wgY .I _( PARCEL 'B' a17 n6. \ (03'55 R-2W0, 00 L=1466_36'_ y 79 ]] p� o-W'37'54" L=333,60'- ]6 M6\O6`JJ_W- _m42'03'55" R=1984. W' L=1456.98 9 p - m 'N65'1)°E�PRC 1 $� N65 13'49'E(RZ �1iY S:F "T` 2ti,Ri T. PARCEL 5 A� 328 AC. /\A1 sq /i 4 Al // 60.W DN. 0, 5', WHIT AM WOKENESET R O 118,00 RMM 063W INDICATES. MCMMENT AS Itp1CATEA. - 105.99' W - 6V . D' S N 3 a ryai'� O 9 423.00 77.31 35. 00 0 11 31.14 ❑ DN 0.5' 27 ro•Wl / 9� 's ny 43 \02• 125. 50 1302817 45 110.00 94.50 115.m, (R=240.00' RW L"13, OON 0, 3' (0=5)°00'22" 9 IXV 0.3' 314.50 73.50 Op4 0.3' L-238 19"� 9 �' 1.0' 330.00 345.50 77.12 80.74 80. ]4 12 1 DN 0.fi' 1 ON 0.3' 59.50 75, 00 61.55 70.94 11 ❑1 ON 0.1' 10 9 90.50 190. 50 82.99 140.98 �1 DN 0.3' 8 189.50 W 50 127.48 188.33 AS �iAy i9 1 /16 179.50 26 07 �\ Q\ NV 39.5D 19.50 32.04 23.46 lMB Nµ3`?�; *1 �W 86 RMM 45 85 - 7.65 126 \ NTOq•E - 27 26.20' K1A 18\;fl 227.84 RBAI 23 36E - 525 43' 0 2 M\ 1 - 98.92 Dry fi N88°55'26•W(R) PARCEL 3 190.50 105.83 2 190.50 35.15 76.34 95 50.50 50.50 31.45 19.53 3 )B) Po 100 50 0 100 200 300 wl �) a >% 364.07 66.43 RtlA �O1 �0\ -�4 K) - 1 364.0] 66.43 RtlA SCALE 1"=100' SEE SHEET 3 PARCEL 'F' 0.52 AC, T/32� "k PARCEL 18 11, 51 AC. 2 PARCEL 4 16.42 AC. SEE SHEET 11 w / co N THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PARCEL 2 SEE SHEET 9 J �sa: SEE SHEET 9 SHEET 11 OF 16 SHEETS C,'16;l MAP NO. 372071111 PARCEL O Coal 6i 4 �a-1554°'y�ya' �g�5 4 ;v-,PARCEL 7 /BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21, 'A THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF \\\� F- w PARCEL 3 / E=15' P� PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO 2016-00 `7 gElFl o /\\ oEi RECORDED 12/14/2016 AS INSTRUMENT N0. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED WITHIN SECTIONS 26 3 \\ PARCEL 8 \� N 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 4 s.96 AC. \ \ Ld LLI I N T E It A T I O N A L \\ 29 q \ N '53'06"E 2969' 2693.31•) acA'4 APR IL 2015 1,71' e3(L6'D"e) 2w327s W7.49 \ 0 Fl�ON 0.1' a PARCEL 18 s� N.A.P. — ALL AMERICAN CANAL oA N- 12 %e mlgU r/ s-� 13 it e/ % �l z/ ',/ VII t,236 o" 2291.99' ((1.2.29') N69'S3'OS"E 2352.03' (NR9'S2'48'E 2352.33') 14. <W/ VIII 15/ U W� zly Qy9 Q�<1o�� [Em 0.1' 3 17 18 S7/ / 19/ / 2'I 23�) � 4l �^ R=139.03' / Z oI Mp:� Z9 6,5s'Sy.W1 gin/ C((yh o ✓• w q 9 a% PARCEL 4 w ❑1 )No. z' �,� � � I6.42 nc. w w w k OCN 0..1' ��0 3q'59'OB" Doti 1 M 2.2' DD PASRCEL 18 182.02, sOl Nat°03; 22E j82, ❑100i z % 9 4' (9N1'S9 48 E N ❑i ma.4' z� NOTE: g==�� SEE SHEET 3 FOR BOUNDARY CONTROL, 100 50 0 100 200 300 SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SCALE: i°=100, SEE SHEET 5 FOR SHEET INDEX MAP. SEE SHEET 14 I I I I I I I I I I I I I N39'59'S6"E(R) PARCEL 19 81.33 Ac. N_ F— uj N w N PARCEL 9 I— AC. PARCEL 11 61 THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SEE SHEET9iiP\ PARCEL MAP NO. 37207 BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21, 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY \\\\ 55 s��. a RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, 0 RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. \\� PARCEL 8��-9' 6.96 AC ` PARCEL 16 \41. 17T3 AC. • • O \\ \ PARCElB + 4,57 AC. e l\\g n \, 5goa`a/a INTERNATIONAL /:20 EA LC9D'2'48'E 2691.31') N82532. \\ \ \ ➢\ APRIL 2015 34.76 5'L 8? (2632.76' CALC- �-- 807.49' / / 598.25' ERi A N.A.P. ALL ANERICAN CANAL 522.51 / / 33.63' 2291.99' (2292.29') 1614.13 Na9'53'6fi"E 2352.03' (N89',52'48'E 2352, 13') _ C 1s W6 LI) 1] NI9 18 Ld 21 LLJ N V) PARCEL 9 23 10. 33 AC. M39i�,�RT I �4 I 2 \ \ III 2 VvA 30 45 ' 31 PARCEL 19 32 51.33 AC. 355� 34 35 r¶5 \ 36 38 \ \ \ 37 204 j4g3 23'40'�R) 39 a� - aJ 41 42 43 _ PARCEL 10 i.Q NB3-57—E(RS 13.46 AC, a PARCEL 11 44 �S 15. 48 C. W'57'23"E(R) + m` SEE SHEET 13 o® a� o�mol©0�� m0� m�Y�70� m�0®� m®�0� m70� m®mmr�0®� m0®� ®�w9C10® m0®� mom® SHEET 12 OF 16 SHEETS SEE SHEET 8 } P } I} } €lo I NN I II$ m IN PARCEL 15 N " I= 3a. sN AC. rl R 4 r___—__-- _—_1-------------IIII 29 $ _I a I I I ____ I 1 oN oa' I � I I - I II ON 0.2' I I I I I I I 25' fi0' 9 I PARCEL 14 37. 86 AC. B - - - -- - - --- }III PRC— SEE SHEET 13 uFo?sm STREET pss se��. NOTE• PARCEL A---_ I SEE SHEET 3 FOR BOUNDARY CONTROL, 0.15 AC. \ �5 SURVEYOR NOTES, MONUMENT NOTES, EASEMENT 100 50 0 100 200 300 \ NOTES. VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP. \ SCALE: 1"=100' 62 SEE SHEET 12HEET 13 OF 16 SHEETS I �` IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.OALIFORNIA. ^} It �I} ��z}°°�� PARCEL MAP NO. 37207 �I105 8 R, BEING A SUBDIVISION OF PARCELS —8, INCLUSIVE; 10-19, INCLUSIVE; 21, 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE: OF F �$ g 10' 31 �9R '�e, PARCEL MAP NO 33367 PER MAP =ICED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNtt 60' RECORDER OF RIVERSIDE COUNN, STATE OF CALIFORNIA, AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT N0. 2016-0007,1 1oa •°2„�Zy e° '�'siL� 4n -•6. RECORDED 12/14/2016 AS INSTRUMENT NO- 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS A y qg 5, 6. 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA GUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. 31FCC a° s, INTERNATIONAL e.cL w q5 \ °a APRIL 2015 srs}•e(R) E -NI I \ �0EPARCEL 14 37.86 c gl a 9s 8]' �plYl S4'84_ �•w, ___--- _ ___ qa])•%,\�_ Wqy ___ -_ p_1120'19"R=1000'p0'L=232.80-N8f,995}818W 03196.98'. $$$ PARCEL 19 'ff Ql �] 5122' ]' C<232 �dy10 0 2R' R=I34. 0' L= 9. 6' — 101 10 95.8I'� f �. �j/ 98. ]t, ']50.00 L=650_94 gg .� 100 W IJ89 5}8'YL ,N 8 /� 21 o-24'18'49' L=}18.Yo' mzl 24.4r. 1.=x86.07'—, RA-1 =WI m e 24 5°20' R=7AS.5o' L36x.3a ,j3'31w1a, �I gli nlg II � .3 PARCEL 10 13.46 AC. io�I = `i", �. r/ 4 ai / A'3i/ � 18 sI PARCEL 11 R 15.48 AC. B, ecz'�`�i;'�`� W x En 60. 1w 61 4'21°29'pg^R'SOJ.W, 118].50' N39'34'38'E 234.15' w 58 cn pg6'13'34'W(ft� `R\ 1� 5fi 65 PCC y ]1 1j V•' `i'I� PARCEL 19 54 53. ]0 �g 51.33 A0. PARCEL 19 NOTE: PARCEL 12 SEE SHEET 3 FOR BOUNDARY CONTROL, 22.02 AC. SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP. 100 50 O 100 200 300 I SCALE: 1"=100' el/ .5 /yY I -V 81 88 89 \61 $ ^wl w SI �I I SEE SHEET 16 o�mmi�m�� o�mmc�e�� min®� mr�e® Rk m�mmtae®� PARCEL 13 m�mm©e® m0� mom'©0�� m�•fmml�®®� 10 I I I I I I I I I I I I I I I I I I I I I I I I I I o I I I r� I h I NEE m n I I N II � I g I I I I I 9 I I I I I I I I I I I II+ � Ali I I 63 to F- w x W Ld DO :IT, _')F LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. I PARCEL MAP NO. 37207 1 BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21, 'A' THROUGH 'E', INCLUSIVE; AND 'I' "° I SEE SHEET 11 THROUGH 'M', INCLUSIVE; OF PARCEL MAP N0. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, �j oN 0_a' H2 O2' OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 22E 'A' 'C', µg203; j82 p01 z THROUGH INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, RECORDED 12/14/2016 AS INSTRUMENT N0. ae [ N0i 59 G 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, �1 DN 0.4' TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. SEE SHEET 11 e 3 INTERNATIONAL o s APRIL 2015 g 8 13 EDN 0.5'„ I`.G114 SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP. I s q V PARCEL 18 6 51.51 AC. 12 JJQ BH g I a ss z �sn 1 I 10 4 ❑DN 2,0' $I `S o o.2' Ej]DN 0.2' 2 fi 5 OON 0.2'/ y2324. 100 50 0 100 200 300 SCALE: 1"=100' m PARCEL 19 51.33 AC PARCEL 12 SEE SHEET 15 M cIEET 14 OF 16 SHEETS 64 IN THE CITY OF LA QUINTA, C'_UNTY OF RIVERSIDE, STATE OF CALIFORNIA. PARCEL MAP NO. 37207 BEING A SUBDIVISION OF PARCELS 2-8, INCLUSIVE; 10-19, INCLUSIVE; 21; 'A' THROUGH 'E, INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF PARCEL MAP NO. 33367 PER MAP FILED IN BOOK 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH 'C', INCLUSIVE, OF LOT LINE ADJUSTMENT NO. 2016-0007, RECORDED 12/14/2016 AS INSTRUMENT NO. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. i INTERNATIONAL APR IL 2015 NOTE: SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP. omm�l>•��®Leamm. mm�mm©e��e mm�mm©e��e m®m•m���m m�m��®gym m��Eml©e®tee ®�0�0 m0�0 mm�ml©e��e ®�0�0 ®�0�0 m�0�0 m®I©e®gym ®0®gym m0®0 m0®tee me�m m�0�0 ®mm�I©e®gym m0�0 m0®0 m0�0 m�0®0 m�0®0 m�Y70�0 m�I©e®tee m�0�0 m�0�0 m�0�0 O�mi©0®fie o�mmmir�0��m } 1 w SHEET 15 OF 16 SHEETS SEE SHEET 14 6 rfi SEE SHEET 13 W(I 1 1 31 I 1 v R �zs a 53 5 51 � I I I 100 50 0 100 200 - SCALE: 1"=100' VP P P� I P� I 1 I i � I Y � I I 0n 0.412 10 N69'41'42E 415. 16'(In* 41' 2fi E 414.64') PARCEL 19 51.33 Ac. /1" PARCEL a'an. PARCEL 12 a\ 22.02 Ac. I— h/ w w 21 W w 0 'A, . a. �l 17 R-1 4�g \©J �.6isbgR2�5,PC�} Kd 2\Co�pkl R/ o 12I is ao.2' 0fi1No.zPARCEL 20 1.3ao5ry'' b 02j.3. g1a 2 (N69'5]'02"E 233XY)P. $ $ PAL 9 NB 22AL24-39 ' 9 SHST 2 13� 3 <MC (N '52'13'E 422. ])')N69'S2'20"E 1926.15'CALC'D) 1925.95' (4fi30 146.41' OS'13"E Nsz 13�54 w(7 1 / - 9 _ NB9'S2'20"E 2fi4].43' (N89'S2'13"E 2fi4].I2') v AVENUE 54 65 DATA TABLE ® BEARING/DELTA RADIUS LEIGTH 1 U 49 04 E N44°58'31'E - 36.51 2 N63 02 05 E - 151.67 N83'01'15°E 3 07 DD I1234.50 151:09 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. I SHEET 16 OF 16 SHEETS SEE SHEET 13 � � � � PARCEL MAP NO. 37207 60' ' p BEING A SUBDIVISION OF PARCELS 2-8, INCLUSNE; 10-19, INCLUSIVE; 21; 'A' THROUGH 'E', INCLUSIVE; AND 'I' THROUGH 'M', INCLUSIVE; OF Ie 15 PARCEL MAP N0. 33367 PER MAP FILED N BOON 224, PAGES 24 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY_ r - - - - - - - - - - - - - - - - - S ~ y _ _ RECORDER OF RIVERSIDE COUNTY, STATE OF CALIFORNIA; AND PARCELS 'A' THROUGH Cl, INCLUSIVE, OF LOT LINE ADJUSTMENT N0. 2016-0007, RECORDED 12/14/2076 AS INSTRUMENT N0. 2016-0557237, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; LOCATED WITHIN SECTIONS dry 5, 6, 7, 8 AND 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. R'"A7 INTERNATIONAL D PARCEL 12 22.02 AC. 100 50 0 100 200 300 SCALE: I-100° SEE SHEET 3 FOR BOUNDARY CONTROL, SURVEYOR NOTES, MONUMENT NOTES, EASEMENT NOTES, VICINITY MAP AND BASIS OF BEARINGS. SEE SHEET 5 FOR SHEET INDEX MAP. U) \mom Ld N N 3 LLI r W \\P pe PARCEL 20 a m APRIL 2015 I _ I o^ m � � N - I PARCEL 13 H E, 6], 79 AC. I I I I 1q II n I I I - I I jo VM1E5 �z I �e I Ig I II N89'S2'20'E 95, 90' JMI ❑9 oN o3'192.95' (IJW°52'13°E 1926.15'CLC'D) N9°53'20'E 2647<3'(N9°52°3'E 264]Y') AVEME ATTACH M ENT 3 No Recording Fees Required Per Government Code Section 37383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 (Space above this line is for Recorder's Use) APN: See attached FILE: 0322.12, 0652.21 Exhibit "D" 0652.42, 0655. TRA: 020-015 PM 37207 020-016 020-021 020-121 020-143 AGREEMENT REGARDING REAL PROPERTY THIS AGREEMENT ("Agreement") is executed as of this day of , 2017, by and between COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("CVWD") and CITY OF LA QUINTA, a California municipal corporation and charter city ("CITY") and is made with reference to the following facts: A. CITY is preparing to record Parcel Map No. 37207 in the Official Records of Riverside County, California ("Map"), affecting the real property described in Exhibit "A" and depicted on Exhibit `B" attached hereto ("Property"). The Property is within the jurisdiction of CVWD and the City of La Quinta with respect to certain public services and is subject to certain easements in favor of CVWD and the United States Bureau of Reclamation ("USBR"). B. In connection with the recording of the Map, CVWD and CITY by this Agreement desire to confirm their understanding and agreement regarding the matters described below. The parties therefore agree as follows: 1. Prior to the conveyance of any parcels within the Property by the CITY to any end users of such parcels, with the exception of conveyance of a portion of the Property to Silverrock Development Company as detailed in Recital 5, CITY will complete the irrigation system modifications and/or improvements as outlined in Exhibit "C", attached hereto, and in accordance with the Special Domestic Water System, Sanitation System and Irrigation System 67 Installation Agreement, date to be determined, by and between CVWD, CITY and The Robert Green Company. CITY will comply with all applicable USBR and CVWD requirements and will obtain those permits and approvals required in order to comply with such requirements, all in accordance with the Special Domestic Water System, Sanitation System and Irrigation System Installation Agreement. 2. CITY acknowledges and agrees that in the event of any violation or threatened violation of this Agreement by CITY or any successor to the CITY as the owner of the Property, CVWD shall be entitled to enjoin any such violation or threatened violation on its own behalf and acting on behalf of USBR. CVWD acknowledges and agrees that in the event of any violation or threatened violation of this Agreement by CVWD or any successor to CVWD, CITY shall be entitled to enjoin any such violation or threatened violation. 3. Concurrently with the mutual execution of this Agreement, CVWD shall submit a letter to CITY in support of the Map, confirming its existing rights and withdrawing any opposition to the Map and CVWD shall not oppose the approval or recordation of the Map. 4. This Agreement shall constitute a covenant running with the land pursuant to California Civil Code Section 1468, burdening the Property and for the benefit of CVWD and USBR, specifically benefitting their easement rights in the Property and adjacent irrigation facilities, and will be binding upon successor owners of the Property, subject to the provisions of Section 5 below. 5. Subject to the exception below, CITY agrees that although the Property may be sold, transferred, assigned or otherwise conveyed, in its entirety, to a single purchaser, transferee or assignee subject to this Agreement, individual parcels created as a result of the recording of the Map will not be sold, transferred, assigned or otherwise conveyed to end users until the matters described in Section 1 above have been completed. CITY may sell a portion of the Property to Silverrock Development Company for the development of a hotel, luxury residences, and conference facility prior to the completion of those matters described in Section 1. However, Silverrock Development Company may not sell, transfer, assign or convey their interest until the matters described in Section 1 above have been completed. 6. If legal action is required in order to enforce or interpret provisions of this Agreement, the party prevailing in such action shall be entitled to an award of its attorneys' fees and costs. 7. This Agreement may be executed in counterparts and originally executed counterpart signature pages may be attached hereto for purposes of recording. 8. This Agreement will be effective as the date it is recorded in the Official Records of Riverside County, California. [SIGNATURE PAGE FOLLOWS] 68 2 68 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year hereinabove written. CVWD: COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California J. M. Barrett, General Manager APPROVED AS TO FORM: Lo Best, Best & Krieger, LLP General Counsel CITY: CITY OF LA QUINTA, a California municipal corporation and charter city Un Its: Doc. No. 060705-3-007 060705-4-XXX 060706-4-XXX 060707-1-XXX 060708-1-XXX 060708-2-XXX 060708-3-XXX 060708-4-XXX 060709-3-XXX 69 3 69 ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 70 , 70 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 71 C 71 EXHIBIT "A" LEGAL DESCRIPTION SILVERROCK RESORT Those portions of Sections 5 through 8, inclusive, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, described as follows: Parcels 2 through 8, inclusive; 10 through 19, inclusive; 21; "A" through "E", inclusive; and "I" through "M", inclusive; of Parcel Map No. 33367 per map filed in Book 224, Pages 24 through 39, inclusive, of Parcel Maps, in the office of the County Recorder of Riverside County, California; and Parcels "A" through "C", inclusive, of Lot Line Adjustment No. 2016-0007, recorded December 14, 2016 as Instrument No. 2016-0557237, official records of Riverside County, California. AS SHOWN ON EXHIBIT `B" attached hereto and by this reference made a part hereof. This legal description and accompanying plat were prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyors Act. hristopher L. Alberts, PLS 8508 Af le- /1 Zv/7 Date Page 1 of 1 72 EXHIBIT "B" - MAP SILVERROCK RESORT LEGEND 1 PARCEL PER PMB 224/24-39 PAR. A PARCEL PER LLA 2016-0007 1000 500 0 1000 2000 3000 SCALE: 1"=1000' (LOCATED IN POR. OF SECTIONS 5-8, T.6S., R.7E., S.B.M. w w cy- cn z 0 U) w w w w SHEET 1 OF 1 SHEET INTERNATIONAL( 75410 Gerald Ford Drive, Suite 100 Palm Desert, CA 92211 phone 760-346-7481 www.mbakerintl.com - 73 EXHIBIT "C" LIST OF IRRIGATION SYSTEM MODIFICATIONS AND/OR IMPROVEMENTS Relocate those portions of Lateral Nos. 120.8 and 120.8A currently located between the Coachella Branch of the All -American Canal (Canal) and Avenue 52 o CITY to submit a USBR Relocation and Abandonment Package o Requires a new USBR easement (minimum 30-foot wide) o CITY and/or its contractor to obtain CVWD Construction Encroachment Permit(s) to perform the work associated with the installation of the relocated laterals and physical abandonment of the old laterals o Requires the quitclaim of USBR old easements (portion of Instrument No. 287668 recorded 8/3/1990, O.R., portion of Instrument No. 285943 recorded 8/2/1990, O.R, and a portion of Instrument No. 53308 recorded 12/15/1952, O.R.) Abandon the following Laterals by one of three methods (crush in place, slurry fill, or physically remove from the ground) or provide proof that these laterals have been physically abandoned. o Lateral No. 120.8-0.3 along the south side of Avenue 52 o Lateral No. 120.8-0.3 along the west side of Jefferson Street ending just southerly of the Canal o Lateral No. 120.8-0.3-0.5RT o Lateral No. 120.6 (approximately 1,155 feet) o Lateral No. 120.8-1.5 starting at the south side of Avenue 52 in Section 5, Township 6 South, Range 7 East, San Bernardino Meridian and continuing southerly to its termination in Section 8 o Lateral No. 121.3 (approximately 1,065 feet) Quitclaim the following USBR easements once the Laterals are abandoned or proof of abandonment is provided. Requires CITY to submit a USBR Abandonment Package. o USBR right-of-way per USBR Parcel C-6-161(c) o USBR right-of-way per USBR Parcel C-6-161(b) o USBR easement per Instrument No. 287666 Recorded 8/3/1990, O.R. of Riverside County, California - Provide CVWD/USBR with 20-foot wide pipeline easement for the relocated Lateral No. 121.3 as shown on CVWD Drawing No. 32140 74 EXHIBIT "D" LIST OF ASSESSOR PARCEL NUMBERS 770-200-025 770-200-026 770-200-027 770-260-031 776-150-019 776-150-020 776-150-021 776-150-022 776-150-023 776-150-024 776-150-025 777-060-009 777-060-018 777-060-055 777-060-056 777-060-057 777-060-058 777-060-059 777-060-060 777-060-061 777-060-063 777-060-064 777-060-065 777-060-066 777-060-067 777-060-068 777-060-069 777-490-001 777-490-002 777-490-003 777-490-004 777-490-005 777-490-006 777-490-007 777-490-008 777-490-009 777-490-010 777-490-011 777-490-012 777-490-013 777-490-014 777-490-015 777-490-016 777-490-017 777-490-018 75 76 City of La Q u i nta CONSENT CALENDAR ITEM NO.8 CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MARCH 31 AND APRIL 7, 2017 RECOMMENDATION Approve demand registers dated March 31 and April 07, 2017. EXECUTIVE SUMMARY - None FISCAL IMPACT Demand of Cash: City $ 1,867,852.79 Successor Agency of RDA $ 4,300.00 Housing Authority $ 4,556.25 $ 1,876,709.04 BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers for March 31 and April 07, 2017. Warrants Issued: 114466-114510 $ 195,006.60 114511-114611 $ 1,345,769.39 Voids $ - Wire Transfers $ 128,220.19 Payroll Tax transfers $ 40,811.48 PR Ck 37187-37189 & Direct Dep. $ 166,901.38 $ 1,876,709.04 77 The most significant expenditures on the demand register listed above are as follows: Vendor De Lage Landen Public Finance Economic Development Agency Coachella Valley Rescue Mission Costco Account Name Machinery & Equip. $ Museum Consultant $ C.V Rescue Mission $ Other Operating Riverside County Sheriff Various Amount Purpose 37,915.92 Cisco Systems Network Firewall & Switches 48,750.00 4th Quarter Museum Operations Payment 50,000.00 C.V Rescue Mission Shelter Funding 67,820.57 4th Quarter Sales Tax Reimbursement 1,071,631.57 Jan -Police Service Wire Transfers: Five wire transfers totaled $128,220.19. Of this amount, $87,790.92 was to PERS Health and $34,849.49 for Ca[PERS. (See Attachment 2 for a full listing). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Karla Campos, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers 78 Demand Register City of La Quinta, CA PacketAPPKTO1065 - DA 03/31 /17 Vendor Name Payable Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND TALL MAN GROUP INC 42RES REAL ESTATE ANALYSIS Contract Services - Administrat.. 101-1002-60101 5,512.50 CINTAS FIRST AID & SAFETY 5006682025 12/14/16- FIRST AID BOXES Operating Supplies 101-3008-60420 181.60 CINTAS FIRST AID & SAFETY 5006682026 12/14/17- FIRST AID BOXES Operating Supplies 101-3008-60420 384.72 INDIAN WELLS GLASS & MIRR... 12814 02/24/17- CITY HALL GLASS RE... Repair & Maintenance 101-3008-60691 1,488.00 TALL MAN GROUP INC 43RES REAL ESTATE ANALYSIS Contract Services - Administrat.. 101-1002-60101 5,600.00 RASA/ERIC NELSON 5074 ON -CALL MAP CHECKING SERV... Map/Plan Checking 101-7002-60183 570.00 DESERT SUN PUBLISHING CO 5865073 03/13/17- SURPLUS AD Advertising 101-1006-60450 392.00 DESERT SUN PUBLISHING CO 5865073 03/13/17- PUBLIC HEARING Advertising 101-6002-60450 314.00 DESERT SUN PUBLISHING CO 5865073 03/13/17- PUBLIC HEARING Advertising 101-6002-60450 302.00 DESERT SUN PUBLISHING CO 5865073 03/13/17- PUBLIC HEARING Advertising 101-6002-60450 462.00 DESERT SUN PUBLISHING CO 5865073 03/13/17- PUBLIC HEARING Advertising 101-6002-60450 306.00 CRM TECH 4234 03/14/17- SHEEP FENCE SERVI... Rental Expense - SRR Fence 101-7006-60157 1,450.00 STAPLES ADVANTAGE 3333628582 03/15/17- OFFICE SUPPLIES Office Supplies 101-3001-60400 19.71 STAPLES ADVANTAGE 3333628583 03/15/17- OFFICE SUPPLIES Office Supplies 101-3001-60400 28.86 SOUTHWEST BOULDER & STO... 1233266-IN 03/16/17- COVE OASIS BOULD... Landscape Improvements 101-3005-60113 1,137.41 PSOMAS INC 128004 PROFESSIONAL SERVICES Consultants 101-7006-60104 7,560.00 PSOMAS INC 128004 SRR FENCE INSPECTION SVC F... Rental Expense - SRR Fence 101-7006-60157 1,008.00 CONSERVE LANDCARE 16476 03/16/17- CC CAMPUS MAIN L... Technical 101-3005-60108 817.56 DESERT SANDS HARLEQUINS ... 93316 03/17/17- FIELD DEPOSIT REF... Miscellaneous Deposits 101-0000-22830 500.00 STAPLES ADVANTAGE 3333991003 03/18/17- YELLOW CHECK RUN.. Office Supplies 101-1006-60400 6.08 BIO CLEAR WATER SOLUTIONS CLQ0340 03/19/17- CC LAKE SERVICE Civic Center Lake Maintenance 101-3005-60117 2,185.75 BIO CLEAR WATER SOLUTIONS CLQ0345 03/19/17- CC LAKE SERVICE Civic Center Lake Maintenance 101-3005-60117 637.50 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water 101-2002-61200 230.21 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Water- Inside 101-3002-61200 162.74 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water - Civic Center ... 101-3005-61202 110.09 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water -Eisenhower P... 101-3005-61203 71.38 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water -Fritz Burns pa... 101-3005-61204 422.99 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water-Velasco Park 101-3005-61205 123.81 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water 101-3008-61200 172.43 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE PM 10 - Dust Control 101-7006-60146 36.06 JOHNSTONE SUPPLY 52559527.001 03/22/17- HVAC CAPACITORS HVAC 101-3008-60667 842.44 JOHNSTONE SUPPLY 52559702.001 03/22/17- HVAC CONTACTORS HVAC 101-3008-60667 95.08 CINTAS FIRST AID & SAFETY 9013310599 03/23/17- FIRST AID BOXES CR... Operating Supplies 101-3008-60420 -18.31 CINTAS FIRST AID & SAFETY 9013310616 03/23/17- FIRST AID BOXES CR... Operating Supplies 101-3008-60420 -18.31 VIELHARBER, KAREN 032417 03/24/17- FLEX YOGA Instructors 101-3002-60107 141.40 MEEDS, WAYNE 032417 03/24/17- LA QUINTA VOICES Instructors 101-3002-60107 160.00 TRUE, ARTHUR ALLEN 032417 03/24/17- SUNSET YOGA Instructors 101-3002-60107 158.20 KEPLER, KRISTOFFER 032417 03/24/17- PERSONAL TRAINER Instructors 101-3002-60107 224.00 ROJAS, MIGUEL ANGEL 032417 03/24/17-TAEKWONDO Instructors 101-3002-60107 1,872.16 BERETTO, LUCILLA 032417 03/24/17- PILATES MID MORN... Instructors 101-3002-60107 12.00 COHEN, ANN MARIE 032417 03/24/17- CARDIO STRENTH Instructors 101-3002-60107 25.20 SHIRY, TERESA 032417 03/24/17- BALLROOM DANCE Instructors 101-3002-60107 133.00 SNYDER, JANICE 032417 03/24/17- PERSONAL TRAINER Instructors 101-3002-60107 224.00 SALCEDO, KATHLEEN 032417 03/24/17-ZUMBA MORNING Instructors 101-3002-60107 78.40 SHIRY,KENNETH 032417 03/24/17- WEST COAST SWING Instructors 101-3002-60107 28.00 IMPERIAL IRRIGATION DIST CSE93 03/24/17- ELECTRICITY SERVICE Utilities - Electricity 101-2002-61101 460.81 IMPERIAL IRRIGATION DIST CSE93 03/24/17- ELECTRICITY SERVICE Utilities - Electricity 101-3008-61101 142.51 NELSEN'S JANITORIAL SERVICE F7980 FY16/17JANITORIAL SERVICES ... Janitorial 101-3008-60115 6,131.00 OPHELIA PROJECT 032817 04/27/17- OPHELIA LUNCHEON Travel & Training 101-1001-60320 170.00 ONE ELEVEN LA QUINTA LLC 033017 03/30/17- 4TH QTR SALES TAX... Other Operating 101-1007-60535 8,325.32 COSTCO 033017 03/30/17- 4TH QTR SALES TAX... Other Operating 101-1007-60535 67,820.57 STAPLES ADVANTAGE 3332979628 03/08/17- OFFICE SUPPLIES Office Supplies 101-3001-60400 34.49 Fund 101- GENERAL FUND Total: 119,235.36 4/11/2017 4:44:41 PM Page 1 of 4 79 Demand Register Packet: APPKTO1065 - DA 03/31/17 Vendor Name Payable Number Description (Item) Account Name Account Number Amount Fund: 202 - LIBRARY FUND CINTAS FIRST AID & SAFETY 5006682027 12/14/17- FIRST AID MAINT S... Small Tools/Equipment 202-3006-60432 132.60 CINTAS FIRST AID & SAFETY 9013310610 03/23/17- FIRST AID MAINT S... Small Tools/Equipment 202-3006-60432 -18.31 LUXE WATER SOLUTIONS LLC 9667 03/23/17- MUSEUM WATER C... Water- Inside 202-3006-61200 37.80 NELSEN'S JANITORIAL SERVICE F7980 FY16/17JANITORIAL SERVICES ... Janitorial 202-3004-60115 1,875.00 NELSEN'S JANITORIAL SERVICE F7980 FY16/17JANITORIAL SERVICES ... Janitorial 202-3006-60115 525.00 Fund 202 - LIBRARY FUND Total: 2,552.09 Fund: 215 - LIGHTING & LANDSCAPING FUND IMPERIAL IRRIGATION DIST PW94 03/21/17- ELECTRICITY SERVICE Utilities - Electric - Signals 215-7004-61116 664.96 IMPERIAL IRRIGATION DIST PW94 03/21/17- ELECTRICITY SERVICE Utilities - Electric - Medians 215-7004-61117 50.95 COACHELLA VALLEY WATER DI... PWW78 03/21/17- WATER SERVICE Utilities - Water - Medians 215-7004-61211 10,903.67 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 11,619.58 Fund: 218 - CV VIOLENT CRIME TASK FORCE NEXTEL GANG TASK FORCE 490209315-183 01/12-02/11/17- CELL PHONE ... Utilities - Telephone 218-0000-61300 36.65 TAPP, MICHAEL CG2017-003 02/22/17- CONFERENCE REIMB Operating Expenses 218-0000-60420 150.00 TAPP, MICHAEL CG2017-002 02/22/17- CONFERNCE REIMB Operating Expenses 218-0000-60420 120.00 Fund 218 - CV VIOLENT CRIME TASK FORCE Total: 306.65 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN TALL MAN GROUP INC 16SA SUCCESSOR AGENCY REAL EST... Consultants 237-9001-60104 2,712.50 TALL MAN GROUP INC 17SA SUCCESSOR AGENCY REAL EST... Consultants 237-9001-60104 787.50 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 3,500.00 Fund: 248 - SA 2004 LO/MOD BOND FUND TALL MAN GROUP INC 53WSA WASHINGTON ST APT REHAB ... Design 248-0000-60185 6,187.50 TALL MAN GROUP INC 54WSA WASHINGTON ST APT REHAB ... Design 248-0000-60185 5,032.50 ALTUM GROUP, THE 3567 WASHINGTON APT REHAB PRJ Design 248-0000-60185 4,467.50 RGA LANDSCAPE ARCHITECTS ... 1562-04 03/15/17- WSA CONSTRUCTI... Design 248-0000-60185 4,050.00 Fund 248 - SA 2004 LO/MOD BOND FUND Total: 19,737.50 Fund: 249 - SA 2011 LOW/MOD BOND FUND US BANK 4580797 03/10/17- BOND EXPENDITURE., Professional Services 249-0000-60103 250.00 Fund 249 - SA 2011 LOW/MOD BOND FUND Total: 250.00 Fund: 270 - ART IN PUBLIC PLACES FUND DESERT CONCEPTS CONSTRUC... 17168 Library Dinosaur Installation APP Maintenace 270-0000-60683 9,950.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 9,950.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS BENGAL ENGINEERING INC 3119 DUNE PALMS WIDENING PRJ 0... Design 401-0000-60185 9,788.00 BENGAL ENGINEERING INC 3120 DUNE PALMS BRIDGE LOW W... Design 401-0000-60185 3,831.65 VOLZ DESIGN, DAVID 421513 MILES MEDIAN LANDSCAPE I... Design 401-0000-60185 3,202.50 PSOMAS INC 128004 INSPECTION SVC FY16/17 Technical 401-0000-60108 3,920.00 LANDMARK GEO-ENGINEERS &.. LP0217-27 ADA RAMP REHAB @ CITY HALL Technical 401-0000-60108 820.00 HEPTAGON SEVEN CONSULTI... 20170304 03/08/17- POINT HAPPY STOR... Design 401-0000-60185 484.30 HEPTAGON SEVEN CONSULTI... 20170305 03/08/17- ROUDEL DRAINAGE... Design 401-0000-60185 505.80 Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total: 22,552.25 Fund: 405 - SA PA 1 CAPITAL IMPRV FUND US BANK 4580797 03/10/17- BOND EXPENDITURE., Professional Services 405-9001-60103 250.00 Fund 405 - SA PA 1 CAPITAL IMPRV FUND Total: 250.00 Fund: 501- EQUIPMENT REPLACEMENT TOWER ENERGY GROUP 1261 03/16/17- VEHICLE FUEL Fuel & Oil 501-0000-60674 1,423.53 Fund 501- EQUIPMENT REPLACEMENT Total: 1,423.53 Fund: 502 - INFORMATION TECHNOLOGY DELL MARKETING LP 10145416477 Dell DeskTop Systems (4) Machinery & Equipment 502-0000-80100 3,467.82 MONOPRICE INC 15811441 03/20/17- OFFICE SUPPLIES Machinery & Equipment 502-0000-80100 56.82 DESERT C A M INC PR506-0317 03/21/17- COUNCIL MTG VID... Consultants 502-0000-60104 105.00 Fund 502 - INFORMATION TECHNOLOGY Total: 3,629.64 Grand Total: 195,006.60 4/11/2017 4:44:41 PM Page 2 of 4 80 Demand Register Packet: APPKT01065 - DA 03/31/17 Fund Summary Fund 101 - GENERAL FUND 202 - LIBRARY FUND 215 - LIGHTING & LANDSCAPING FUND 218 - CV VIOLENT CRIME TASK FORCE 237 - SUCCESSOR AGCY PA 1 ADMIN 248 - SA 2004 LO/MOD BOND FUND 249 - SA 2011 LOW/MOD BOND FUND 270 - ART IN PUBLIC PLACES FUND 401 - CAPITAL IMPROVEMENT PROGRAMS 405 - SA PA 1 CAPITAL IMPRV FUND 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY Account Number 101-0000-22830 101-1001-60320 101-1002-60101 101-1006-60400 101-1006-60450 101-1007-60535 101-2002-61101 101-2002-61200 101-3001-60400 101-3002-60107 101-3002-61200 101-3005-60108 101-3005-60113 101-3005-60117 101-3005-61202 101-3005-61203 101-3005-61204 101-3005-61205 101-3008-60115 101-3008-60420 101-3008-60667 101-3008-60691 101-3008-61101 101-3008-61200 101-6002-60450 101-7002-60183 101-7006-60104 101-7006-60146 101-7006-60157 202-3004-60115 202-3006-60115 202-3006-60432 202-3006-61200 215-7004-61116 215-7004-61117 215-7004-61211 218-0000-60420 218-0000-61300 237-9001-60104 248-0000-60185 249-0000-60103 270-0000-60683 401-0000-60108 Grand Total Account Summary Account Name Miscellaneous Deposits Travel & Training Contract Services - Admini.. Office Supplies Advertising Other Operating Utilities - Electricity Utilities - Water Office Supplies Instructors Water - Inside Technical Landscape Improvements Civic Center Lake Mainten... Utilities - Water - Civic Ce... Utilities - Water-Eisenho... Utilities - Water -Fritz Bur... Utilities - Water -Velasco ... Janitorial Operating Supplies HVAC Repair & Maintenance Utilities - Electricity Utilities - Water Advertising Map/Plan Checking Consultants PM 10 - Dust Control Rental Expense - SRR Fen... Janitorial Janitorial Small Tools/Equipment Water - Inside Utilities - Electric - Signals Utilities - Electric - Media... Utilities - Water - Medians Operating Expenses Utilities - Telephone Consultants Design Professional Services APP Maintenace Technical Expense Amount 119,235.36 2,552.09 11,619.58 306.65 3,500.00 19,737.50 250.00 9,950.00 22,552.25 250.00 1,423.53 3,629.64 195,006.60 Expense Amount 500.00 170.00 11,112.50 6.08 392.00 76,145.89 460.81 230.21 83.06 3,056.36 162.74 817.56 1,137.41 2,823.25 110.09 71.38 422.99 123.81 6,131.00 529.70 937.52 1,488.00 142.51 172.43 1,384.00 570.00 7,560.00 36.06 2,458.00 1,875.00 525.00 114.29 37.80 664.96 50.95 10,903.67 270.00 36.65 3,500.00 19,737.50 250.00 9,950.00 4,740.00 4/11/2017 4:44:41 PM 81 Page 3 of 4 Demand Register Packet: APPKT01065 - DA 03/31/17 Account Summary Account Number Account Name Expense Amount 401-0000-60185 Design 17,812.25 405-9001-60103 Professional Services 250.00 501-0000-60674 Fuel & Oil 1,423.53 502-0000-60104 Consultants 105.00 502-0000-80100 Machinery & Equipment 3,524.64 Grand Total: 195,006.60 Project Account Summary Project Account Key Expense Amount **None** 150,258.85 091004D 9,788.00 111205 D 3,831.65 141512 D 484.30 151602 D 3,202.50 151606D 505.80 1617ADAT 4,740.00 201607CT 1,450.00 201607T 1,008.00 999901 D 19, 737.50 Grand Total: 195,006.60 4/11/2017 4:44:41 PM 82 Page 4 of 4 Demand Register ti City of La Quinta, CA r Packet: APPKTO1076 - DA 04/07/17 Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101- GENERAL FUND ACCOUNTEMPS 114512 03/10/17-TEMP ACCOUNTANT Temporary Agency Services 101-1006-60125 1,198.80 ACCOUNTEMPS 114512 03/17/17-TEMP ACCOUNTANT Temporary Agency Services 101-1006-60125 1,198.80 AGUILERA'S LANDSCAPE 114513 03/03/17- BUSINESS LICENSE OVERPAYM... Cash Over/Short 101-0000-42300 50.00 AKINDURO, ROWLAND 114514 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 75.00 ALLIED PRA SOUTHERN CALIF... 114515 03/02/17- BUSINESS LICENSE OVERPAYM... Cash Over/Short 101-0000-42300 10.00 AMERICAN FORENSIC NURSES ... 114516 02/28/17- BLOOD DRAW Blood/Alcohol Testing 101-2001-60174 120.00 AMERIPRIDE SERVICES INC 114517 03/02-03/16/17- WC JANITORIAL SUPPLIES Janitorial 101-3008-60115 155.09 ANSAFONE CONTACT CENTERS 114518 03/20/17- PM10 ANSWERING SVC PM 10 - Dust Control 101-7006-60146 122.97 ARMENDARIZ, DERRICK 114519 04/04/17-TUITION REIMBURSEMENT Training & Education/MOU 101-1004-60322 772.90 BIO-TOX LABORATORIES 114520 02/13/17- BLOOD ANALYSIS Blood/Alcohol Testing 101-2001-60174 125.10 BIO-TOX LABORATORIES 114520 02/13/17- BLOOD ANALYSIS Blood/Alcohol Testing 101-2001-60174 276.00 BOYS & GIRLS CLUB OF COACH... 114521 03/13-03/31/17- BOYS & GIRLS CLUB CDB... Boys & Girls Club 101-3001-60135 510.00 BRUBAKER, MICAH 114522 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 CALPERS LONG-TERM CARE P... 114525 LONG TERM CARE LT Care Insurance Pay 101-0000-20949 196.05 CAPITAL ONE COMMERCIAL 114526 03/21/17-TRAINING SUPPLIES Travel & Training 101-1004-60320 86.70 CAPITAL ONE COMMERCIAL 114526 03/08/17-TRAINING SUPPLIES Operating Supplies 101-1004-60420 24.81 CAPITAL ONE COMMERCIAL 114526 03/08/17-TRAINING SUPPLIES Special Events 101-3003-60149 44.88 CAPITAL ONE COMMERCIAL 114526 03/20/17- G557 EOC COURSE SUPPLIES Disaster Prep Supplies 101-2002-60406 59.33 CERVANTES, CLARISSA PEREZ 114527 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 COACHELLA VALLEY RESCUE M... 114528 04/04/17-MOU BETWEEN CITY & CVRM CV Rescue Mission 101-3001-60532 50,000.00 COACHELLA VALLEY WATER DI... 114529 3/15/17- CC CAMPUS Utilities - Water - Civic Center ... 101-3005-61202 802.92 COACHELLA VALLEY WATER DI... 114529 3/15/17- LQ COMM PK Utilities - Water -Community P... 101-3005-61209 1,700.32 COACHELLA VALLEY WATER DI... 114529 3/17/17- AVE 54/1000 W OF JEFFERSON C... PM 10 - Dust Control 101-7006-60146 191.00 CSMFO 114530 03/20/17- INTRO GOVT. ACCOUNTING / S... Travel & Training 101-6006-60320 75.00 DAIOHS FIRST CHOICE SERVICES 114531 03/29/17- CITY WIDE COFFEE SUPPLIES Citywide Conf Room Supplies 101-1007-60403 145.50 DUNN-EDWARDS CORPORATI... 114533 03/09/17- CITY HALL EXTERIOR PAINT Repair & Maintenance 101-3008-60691 214.36 EISENHOWER OCCUPATIONAL... 114535 02/24/17-PRE EMP PHYSICAL Consultants 101-1004-60104 115.00 ENRIQUEZ, SOFIA 114536 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 FLAGS A FLYING 114538 03/20/17- 12 CUSTOM NYLON LOGO FLAGS Operating Supplies 101-3008-60420 2,295.00 FRANCHISE TAX BOARD 114539 GARNISHMENT Garnishments Payable 101-0000-20985 125.00 GAS COMPANY, THE 114542 2/17-3/21/17- FS #32 GAS Utilities - Gas 101-2002-61100 32.54 GAS COMPANY, THE 114542 2/17-3/21/17- CH GAS Utilities - Gas 101-3008-61100 364.30 GOMEZ, ELEANOR 114543 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 GONSALVES, JOE A & SON 114544 09/2016- LEGISLATIVE SERVICE Contract Services - Administrat.. 101-1002-60101 3,500.00 GONSALVES, JOE A & SON 114544 04/2017- LEGISLATIVE SERVICES Contract Services - Administrat.. 101-1002-60101 3,500.00 HENSON CONSULTING GROUP 114545 03/2017- CONSULTING SVC Professional Services 101-1004-60103 4,025.00 JUE, YEHSIMING 114551 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 KIRBY, SALLE 114552 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 LEAGUE OF CALIFORNIA CITIES 114554 03/14/17- LOCAL STREETS & ROADS ASSE... Membership Dues 101-1002-60351 400.00 LOCK SHOP INC, THE 114555 03/29/17- SAFE DELIVERY & INSTALL Operating Supplies 101-1007-60401 175.00 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- COMMUNITY CLEAN UP ... Grants 101-0000-22215 2,854.17 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- PRESSURE WASHER & M... Small Tools/Equipment 101-3008-60432 321.83 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- BATHROOM SIGNS Repair & Maintenance 101-3008-60691 51.07 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- PARK LIGHTS Repair & Maintenance 101-3008-60691 64.57 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- PLUMBING MATERIALS Repair & Maintenance 101-3008-60691 17.33 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- BATHROOM SIGNS Repair & Maintenance 101-3008-60691 81.72 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- MATERIALS Repair & Maintenance 101-3008-60691 55.67 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- ELECTRICAL MATERIALS Repair & Maintenance 101-3008-60691 381.68 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- LADDER RACK Repair & Maintenance 101-3008-60691 326.53 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- WC COMBO LOCKS Repair & Maintenance 101-3008-60691 48.06 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- ELECTRIC PLUGS Repair & Maintenance 101-3008-60691 6.23 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- GATE SWITCH Repair & Maintenance 101-3008-60691 5.06 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- LUMBER Repair & Maintenance 101-3008-60691 350.08 4/7/2017 1:52:06 PM Page 1 of 7 83 Demand Register Packet: APPKT01076 - DA 04/07/17 Vendor Name Payment Number Description (Item) Account Name Account Number Amount MAILFINANCE 114558 03/12/17- POSTAGE LEASE PAYMENT Postage Machine 101-1007-60661 1,626.09 MARTIN, JOSEPH 114559 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 MARTINEZ, ADAM J 114560 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 48.00 MATRIX CONSULTING GROUP 114561 POLICE SERVICES STUDY UPDATE 2016 Special Enforcement Funds 101-2001-60175 6,000.00 MERABET, ALEXANDER ARSLA... 114562 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 400.00 MORENO, ERICA 114563 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 OFFICE DEPOT 114564 03/13/17- INK CARTRIDGE Office Supplies 101-1005-60400 49.18 OFFICE DEPOT 114564 03/16/17- CITY WIDE COPY PAPER Forms 101-1007-60402 99.45 OFFICE TEAM 114565 03/17/17-TEMP PERMIT TECH Temporary Agency Staff 101-6006-60125 504.00 OFFICE TEAM 114565 03/24/17-TEMP PERMIT TECH Temporary Agency Staff 101-6006-60125 451.50 PACIFIC WEST AIR CONDITION... 114566 03/20/17-SVC CALL AND ROUTER REPAIR HVAC 101-3008-60667 595.00 PACIFIC WEST AIR CONDITION... 114566 3/17/17- SVC CALL/REPAIR CH AC2 & AC5 HVAC 101-3008-60667 952.00 PENA, JOHN 114567 02/09/17- HOMELESSNESS MEETING Travel & Training 101-1001-60320 76.50 PESANTE, ALEXANDI MORALES 114568 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 POWELL, MAXWELL 114569 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 80.00 PREFFERED DETAILING SERVIC... 114571 03/06/17- BUSINESS LICENSE OVERPAYM... Business Licenses 101-0000-41600 3.00 RADA, MATTHEW ANTHONY 114572 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 RBI TRAFFIC 114574 03/29/17- MADRID AVE STRIPING Consultants 101-6001-60104 500.00 RIOS, CESAR 114575 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 120.00 RIVERSIDE COUNTY INFORMAT.. 114576 02/01-02/28/17- POLICE RADIOS Sheriff - Other 101-2001-60176 821.92 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Sheriff - Patrol 101-2001-60161 604,295.37 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Patrol Deputy Overtime 101-2001-60162 13,068.16 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Target Team 101-2001-60163 161,822.20 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Community Services Officer 101-2001-60164 42,087.56 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Community Services Officer 101-2001-60164 11,675.20 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Special Enforcement/Humana 101-2001-60165 54,110.83 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Gang Task Force 101-2001-60166 11,675.20 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Motor Officer 101-2001-60169 81,804.01 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Dedicated Sargeant 101-2001-60170 32,048.00 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Dedicated Lieutenant 101-2001-60171 18,120.00 RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... Sheriff - Mileage 101-2001-60172 34,177.14 RIVERSIDE DEPARTMENT OF C... 114578 GARNISHMENT Garnishments Payable 101-0000-20985 200.00 RODRIGUEZ, ENRIQUE 114579 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 RYDER, SHARON ALEJANDRINA 114580 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 SAM'S FENCE COMPANY 114581 03/15/17- GATE REPAIR Repair & Maintenance 101-3008-60691 975.00 SANCHEZ, CHRISTOPHER A 114582 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 60.00 SANCHEZ, STEVE 114583 01/18-01/20/17- LEAGUE OF CITIES TRAIN... Travel & Training 101-1001-60320 165.83 SHARK POOLS INC 114584 04/2017-FB POOL Fritz Burns Park 101-3005-60184 488.75 SHARK POOLS INC 114584 03/16/17- FB HYPO CHLORIDE Fritz Burns Park 101-3005-60184 407.50 SHARK POOLS INC 114584 04/2017- LQ PARK WATER FEATURE LQ Park Building 101-3005-60554 295.00 SHERIFFS SPECIAL EVENTS 114585 04/12/17-SHERIFF DEPARTMENT AWARDS., Travel & Training 101-1001-60320 60.00 SHRED -IT USA - SAN BERNADI... 114586 03/2017- LQPD SHREDDING LQ Police Volunteers 101-2001-60109 36.72 SILVERROCK RESORT 114588 02/2017- SALES TAX Sales Taxes Payable 101-0000-20304 435.00 SPARKLETTS 114590 03/24/17- DRINKING WATER Office Supplies 101-7003-60400 80.15 STAPLES ADVANTAGE 114591 03/29/17- KEY STORAGE CABINET Office Supplies 101-1006-60400 34.90 STAPLES ADVANTAGE 114591 03/21/2017- NOTIFICATION HOLDERS Repair & Maintenance 101-3008-60691 137.01 STAPLES ADVANTAGE 114591 03/29/17- CODE OFFICE SUPPLIES Supplies - Field 101-6004-60425 52.19 STAPLES ADVANTAGE 114591 03/23/17- OFFICE SUPPLIES Special Enforcement Funds 101-2001-60175 245.64 STONE, SYMARA 114593 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 30.00 STUDIOCARPRARO.COM 114594 03/30/17- HIKING MAP GRAPHIC DESIGN Marketing & Tourism Promoti... 101-3007-60461 168.75 STURGEON, WILLIAM 114595 03/01/17- 19TH HOLE BLOCK PARTY ARTIST Art Event 101-3001-60512 180.00 SUNSHADES WINDOW TINTIN... 114596 03/22/17- COURTYARD UPPER WINDOW T.. Repair & Maintenance 101-3008-60691 810.00 TELEPACIFIC COMMUNICATIO... 114597 03/23/17- PHONE LINES Utilities -Telephone 101-2002-61300 1,058.12 THOM, BONNIE 114598 03/17/17- REFUND Wellness Center Leisure Enric... 101-0000-42214 25.00 TIME WARNER CABLE 114599 03/24-04/23/17- FS#93 CABLE Utilities - Cable 101-2002-61400 87.94 TRAFFEX ENGINEERS INC 114601 TRAFFIC ENGINEERING SERVICES FY16/17 Contract Traffic Engineer 101-7006-60144 20,107.50 TRULY NOLEN INC 114602 03/08/17- LQ PARK PEST CONTROL Pest Control 101-3008-60116 61.00 TRULY NOLEN INC 114602 03/20/17-CH PEST CONTROL Pest Control 101-3008-60116 74.00 TRULY NOLEN INC 114602 03/06/17- CITY YARD PEST CONTROL Pest Control 101-2002-60116 47.00 TRULY NOLEN INC 114602 03/02/17- CH BEE HIVE REMOVAL Pest Control 101-3008-60116 180.00 4/7/2017 1:52:06 PM Page 2 of 7 84 Demand Register Packet: APPKT01076 - DA 04/07/17 Vendor Name Payment Number Description (Item) Account Name Account Number Amount TRULY NOLEN INC 114602 03/20/17- DOG PARK PEST CONTROL Technical 101-3005-60108 150.00 TYLIN INTERNATIONAL 114603 03/13/17- BUSINESS LICENSE OVERPAYM... Cash Over/Short 101-0000-42300 3.00 UNITED WAY OF THE DESERT 114604 CONTRIBUTION United Way Deductions 101-0000-20981 57.00 US DEPARTMENT OF EDUCATI... 114605 GARNISHMENT Garnishments Payable 101-0000-20985 254.43 VACATION RENTAL COMPLIAN... 114606 03/2017- STVR COMPLIANCE Professional Services 101-6001-60103 3,600.00 VERIZON WIRELESS 114607 02/14-03/13/17- CITY FLEET WIRELESS SVC Mobile/Cell Phones 101-1007-61301 2,485.31 VIATRON SYSTEMS INC 114608 DATA CONVERSION/SCANNING SVCS Professional Services 101-1005-60103 4,461.56 VINTAGE ASSOCIATES 114609 03/21/17- CITY HALL CACTUS Landscape Improvements 101-3005-60113 263.73 WATERLOGIC USA FINANCE INC 114611 03/15/17- CITY HALL WATER COOLER Utilities - Water 101-3008-61200 226.28 Fund 101- GENERAL FUND Total: 1,193,185.99 Fund: 201- GAS TAX FUND CALIFORNIA CONTRACTORS 5... 114524 03/08/17- SAFETY EARPLUGS & MATERIALS Safety Gear 201-7003-60427 360.88 FASTENAL COMPANY 114537 03/28/17- MATERIALS Materials 201-7003-60431 18.74 IMPERIAL IRRIGATION DIST 114548 04/02/17- ELECTRICITY SERVICE Utilities - Electricity 201-7003-61101 716.49 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- LUMBER MATERIALS Materials 201-7003-60431 4.69 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- MIXING TUB Materials 201-7003-60431 5.59 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- CREDIT Materials 201-7003-60431 -4.36 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- CEMENT MIX Materials 201-7003-60431 25.21 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17-TANK SPRAYER Small Tools/Equipment 201-7003-60432 16.36 STATE CONTROLLER'S OFFICE 114592 03/23/17- FY 15/16 ANN'L ST. REPORT Consultants 201-7003-60104 2,192.07 TOPS'N BARRICADES INC 114600 03/14/17- CONES & STRAPPING Traffic Signs 201-7003-60429 337.10 TOPS'N BARRICADES INC 114600 03/20/17- 20 SIGNS Traffic Signs 201-7003-60429 633.57 TOPS'N BARRICADES INC 114600 03/20/17- SIGNS Traffic Signs 201-7003-60429 522.59 TOPS'N BARRICADES INC 114600 03/22/17- SIGNS/ MATERIAL Traffic Signs 201-7003-60429 311.18 Fund 201- GAS TAX FUND Total: 5,140.11 Fund: 202 - LIBRARY FUND ECONOMIC DEVELOPMENT A... 114534 MUSEUM OPERATIONS Museum Consultant 202-3006-60105 48,750.00 FRONTIER COMMUNICATIONS... 114540 03/13-04/12/17- MUSEUM PHONE SERVI... Utilities -Telephone 202-3006-61300 115.44 GAS COMPANY, THE 114542 2/17-3/21/17- LIBRARY GAS Utilities - Gas 202-3004-61100 110.86 LOWE'S HOME IMPROVEMENT.. 114557 02/09-03/24/17- WINDOW SEALER Repair & Maintenance 202-3004-60691 49.00 TRULY NOLEN INC 114602 03/14/2017-LIBRARY PEST CONTROL Pest Control 202-3004-60116 74.00 Fund 202 - LIBRARY FUND Total: 49,099.30 Fund: 212 - SLESF (COPS) FUND RIVERSIDE COUNTY SHERIFF D... 114577 01/05-02/01/17- CONTRACT LAW ENFOR... COPS Burglary/Theft Preventi... 212-0000-60179 6,747.90 Fund 212 - SLESF (COPS) FUND Total: 6,747.90 Fund: 215 - LIGHTING & LANDSCAPING FUND COACHELLA VALLEY WATER DI... 114529 3/15/17- CYCLE 01-95 Utilities - Water - Medians 215-7004-61211 333.73 COACHELLA VALLEY WATER DI... 114529 03/23/17-ADAMS NEAR IID SUBSTATION ... Utilities - Water - Medians 215-7004-61211 56.43 COACHELLA VALLEY WATER DI... 114529 03/23/17-1/2 WAKEFIELD CIR CYCLE 05-35 Utilities - Water - Medians 215-7004-61211 29.14 HORIZON LIGHTING 114547 CITYWIDE LIGHTING MAINT SVC PRJ LMC2... Consultants 215-7004-60104 2,098.50 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 217.90 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 53.09 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 12.70 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 20.35 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 62.44 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 60.47 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 42.99 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 49.27 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 56.65 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 62.19 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 48.04 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 12.34 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 16.03 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 43.11 IMPERIAL IRRIGATION DIST 114548 3/24/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 57.89 IMPERIAL IRRIGATION DIST 114548 04/02/17- ELECTRICITY SERVICE Utilities - Electric - Signals 215-7004-61116 1,056.49 IMPERIAL IRRIGATION DIST 114548 04/02/17- ELECTRICITY SERVICE Utilities - Electric - Medians 215-7004-61117 759.23 IMPERIAL IRRIGATION DIST 114548 04/02/17- ELECTRICITY SERVICE Utilities - Electric - Signals 215-7004-61116 1,960.93 IMPERIAL IRRIGATION DIST 114548 04/02/17- ELECTRICITY SERVICE Utilities - Electric - Medians 215-7004-61117 502.36 4/7/2017 1:52:06 PM Page 3 of 7 85 Demand Register Vendor Name Payment Number Description (Item) IMPERIAL IRRIGATION DIST 114548 IMPERIAL IRRIGATION DIST 114548 INLAND POWER EQUIPMENT... 114549 KIRKPATRICK LANDSCAPING S... 114553 LOWE'S HOME IMPROVEMENT.. 114557 SMITH PIPE & SUPPLY CO 114589 SMITH PIPE & SUPPLY CO 114589 SMITH PIPE & SUPPLY CO 114589 WALTERS WHOLESALE ELECTR... 114610 WALTERS WHOLESALE ELECTR... 114610 Fund: 241- HOUSING AUTHORITY CAHA,BECKY 114523 Fund: 401- CAPITAL IMPROVEMENT PROGRAMS HERMANN DESIGN GROUP INC 114546 KIRKPATRICK LANDSCAPING S... 114553 KIRKPATRICK LANDSCAPING S... 114553 LOWE'S HOME IMPROVEMENT.. 114557 LOWE'S HOME IMPROVEMENT.. 114557 LOWE'S HOME IMPROVEMENT.. 114557 WALTERS WHOLESALE ELECTR... 114610 Fund: 501 - EQUIPMENT REPLACEMENT JOHNSON MACHINERY CO. 114550 LORBEL INC 114556 LOWE'S HOME IMPROVEMENT.. 114557 POWERPLAN BF 114570 RAN AUTO DETAIL 114573 TOPS'N BARRICADES INC 114600 Fund: 502 - INFORMATION TECHNOLOGY 12MILESOUT.COM 114511 DE LAGE LANDEN PUBLIC FIN... 114532 SIGMANET 114587 TELEPACIFIC COMMUNICATIO... 114597 TIME WARNER CABLE 114599 Fund: 601-SILVERROCK RESORT GARDAWORLD 114541 GARDAWORLD 114541 Packet: APPKTO1076 - DA 04/07/17 Account Name Account Number Amount 04/04/17- ELECTRICITY SVC Utilities - Electric - Signals 215-7004-61116 04/04/17- ELECTRICITY SVC Utilities - Electric - Medians 215-7004-61117 03/28/17- FACE SHIELD Operating Supplies 215-7004-60420 03/29/17-PVC PIPE INSTALL Technical 215-7004-60189 02/09-03/24/17- PAINTING POLE Supplies -Graffiti 215-7004-60423 03/13/17- IRRIGATION MATERIAL Materials 215-7004-60431 03/16/17- ROUNDUP/IRRIGATION MATER... Materials 215-7004-60431 03/20/17- IRRIGATION MATERIAL Materials 215-7004-60431 03/23/17- ELECTRICAL MATERIAL Materials 215-7004-60431 03/23/17- ELECTRICAL MATERIAL Materials 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 03/2017- HOUSING CONSULTANT Professional Services 241-9101-60103 Fund 241- HOUSING AUTHORITY Total: 1,992.45 886.42 36.61 686.36 40.93 46.20 100.85 113.57 192.64 506.65 12,214.95 4,556.25 4,556.25 N LQTURF CONVERSION PRJ201603-D Design 401-0000-60185 1,210.00 03/27/17-YMCA TURF CONVERSION FINAL Retention Payable 401-0000-20600 4,259.37 03/27/17- YMCA TURF CONVERSION FINAL Construction 401-0000-60188 300.00 02/09-03/24/17- LIGHT STORAGE Construction 401-0000-60188 13.30 02/09-03/24/17- MATERIALS Construction 401-0000-60188 160.28 02/09-03/24/17- ELECTRICAL TESTER Construction 401-0000-60188 133.06 03/15/17-STREET NAME BULBS Construction 401-0000-60188 341.41 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 6,417.42 03/14/17-TRAILER PURCHASE Vehicle Repair & Maintenance 501-0000-60676 5,387.50 03/14/17- UPS SYSTEM MAINT Professional Services 501-0000-60103 2,000.00 02/09-03/24/17- CITY HALL LIGHT FIXTUR... Cvc Ctr Bldg Repl/Repair 501-0000-71103 818.56 01/26/17- 310 BACKHOE MAINT Vehicle Repair & Maintenance 501-0000-60676 505.38 03/25/17-VEHICLE'S WASH Car Washes 501-0000-60148 612.00 03/14/17- NEW TRUCK ACCESSORIES Vehicle Repair & Maintenance 501-0000-60676 4,324.05 Fund 501- EQUIPMENT REPLACEMENT Total: 13,647.49 03/2017- VIDEO STREAMING COUNCIL M... Consultants 502-0000-60104 800.00 CISCO NETWORK FIREWALL & SWITCHES ... Machinery & Equipment 502-0000-80100 37,915.92 PROFESSIONAL SERVICE AGREEMENT FY1... Consultants 502-0000-60104 13,050.00 03/23/17- PHONE LINES Technical 502-0000-60108 2,221.19 04/2017- CH CABLE Utilities - Cable 502-0000-61400 126.09 Fund 502 - INFORMATION TECHNOLOGY Total: 54,113.20 03/01/17- SRR ARMORED SERVICE Bank Fees 601-0000-60455 563.85 02/28/17- SRR ARMORED SERVICE Bank Fees 601-0000-60455 82.93 Fund 601 - SILVERROCK RESORT Total: 646.78 Grand Total: 1,345,769.39 4/7/2017 1:52:06 PM Page 4 of 7 Demand Register Packet: APPKT01076 - DA 04/07/17 Fund Summary Fund 101 - GENERAL FUND 201- GAS TAX FUND 202 - LIBRARY FUND 212 - SLESF (COPS) FUND 215 - LIGHTING & LANDSCAPING FUND 241 - HOUSING AUTHORITY 401 - CAPITAL IMPROVEMENT PROGRAMS 501 - EQUIPMENT REPLACEMENT 502 - INFORMATION TECHNOLOGY 601 - SILVERROCK RESORT Account Number 101-0000-20304 101-0000-20949 101-0000-20981 101-0000-20985 101-0000-22215 101-0000-41600 101-0000-42214 101-0000-42300 101-1001-60320 101-1002-60101 101-1002-60351 101-1004-60103 101-1004-60104 101-1004-60320 101-1004-60322 101-1004-60420 101-1005-60103 101-1005-60400 101-1006-60125 101-1006-60400 101-1007-60401 101-1007-60402 101-1007-60403 101-1007-60661 101-1007-61301 101-2001-60109 101-2001-60161 101-2001-60162 101-2001-60163 101-2001-60164 101-2001-60165 101-2001-60166 101-2001-60169 101-2001-60170 101-2001-60171 101-2001-60172 101-2001-60174 101-2001-60175 101-2001-60176 101-2002-60116 101-2002-60406 101-2002-61100 101-2002-61300 101-2002-61400 101-3001-60135 Grand Total: Account Summary Account Name Sales Taxes Payable LT Care Insurance Pay United Way Deductions Garnishments Payable Grants Business Licenses Wellness Center Leisure E... Cash Over/Short Travel & Training Contract Services - Admini.. Membership Dues Professional Services Consultants Travel & Training Training & Education/MOU Operating Supplies Professional Services Office Supplies Temporary Agency Servic... Office Supplies Operating Supplies Forms Citywide Conf Room Suppl.. Postage Machine Mobile/Cell Phones LQ Police Volunteers Sheriff - Patrol Patrol Deputy Overtime Target Team Community Services Offic... Special Enforcement/Hu... Gang Task Force Motor Officer Dedicated Sargeant Dedicated Lieutenant Sheriff - Mileage Blood/Alcohol Testing Special Enforcement Funds Sheriff - Other Pest Control Disaster Prep Supplies Utilities - Gas Utilities - Telephone Utilities - Cable Boys & Girls Club Expense Amount 1,193,185.99 5,140.11 49,099.30 6,747.90 12,214.95 4,556.25 6,417.42 13, 647.49 54,113.20 646.78 1,345,769.39 Expense Amount 435.00 196.05 57.00 579.43 2,854.17 3.00 25.00 63.00 302.33 7,000.00 400.00 4,025.00 115.00 86.70 772.90 24.81 4,461.56 49.18 2,397.60 34.90 175.00 99.45 145.50 1,626.09 2,485.31 36.72 604,295.37 13,068.16 161,822.20 53,762.76 54,110.83 11,675.20 81,804.01 32,048.00 18,120.00 34,177.14 521.10 6,245.64 821.92 47.00 59.33 32.54 1,058.12 87.94 510.00 4/7/2017 1:52:06 PM 87 Page 5 of 7 Demand Register Packet: APPKT01076 - DA 04/07/17 Account Summary Account Number Account Name Expense Amount 101-3001-60512 Art Event 1,713.00 101-3001-60532 CV Rescue Mission 50,000.00 101-3003-60149 Special Events 44.88 101-3005-60108 Technical 150.00 101-3005-60113 Landscape Improvements 263.73 101-3005-60184 Fritz Burns Park 896.25 101-3005-60554 LQ Park Building 295.00 101-3005-61202 Utilities - Water - Civic Ce... 802.92 101-3005-61209 Utilities - Water -Commun.. 1,700.32 101-3007-60461 Marketing & Tourism Pro... 168.75 101-3008-60115 Janitorial 155.09 101-3008-60116 Pest Control 315.00 101-3008-60420 Operating Supplies 2,295.00 101-3008-60432 Small Tools/Equipment 321.83 101-3008-60667 HVAC 1,547.00 101-3008-60691 Repair & Maintenance 3,524.37 101-3008-61100 Utilities - Gas 364.30 101-3008-61200 Utilities - Water 226.28 101-6001-60103 Professional Services 3,600.00 101-6001-60104 Consultants 500.00 101-6004-60425 Supplies - Field 52.19 101-6006-60125 Temporary Agency Staff 955.50 101-6006-60320 Travel & Training 75.00 101-7003-60400 Office Supplies 80.15 101-7006-60144 Contract Traffic Engineer 20,107.50 101-7006-60146 PM 10 - Dust Control 313.97 201-7003-60104 Consultants 2,192.07 201-7003-60427 Safety Gear 360.88 201-7003-60429 Traffic Signs 1,804.44 201-7003-60431 Materials 49.87 201-7003-60432 Small Tools/Equipment 16.36 201-7003-61101 Utilities - Electricity 716.49 202-3004-60116 Pest Control 74.00 202-3004-60691 Repair & Maintenance 49.00 202-3004-61100 Utilities - Gas 110.86 202-3006-60105 Museum Consultant 48,750.00 202-3006-61300 Utilities -Telephone 115.44 212-0000-60179 COPS Burglary/Theft Prev... 6,747.90 215-7004-60104 Consultants 2,098.50 215-7004-60189 Technical 686.36 215-7004-60420 Operating Supplies 36.61 215-7004-60423 Supplies -Graffiti 40.93 215-7004-60431 Materials 959.91 215-7004-61116 Utilities - Electric - Signals 5,479.81 215-7004-61117 Utilities - Electric - Media... 2,493.53 215-7004-61211 Utilities - Water - Medians 419.30 241-9101-60103 Professional Services 4,556.25 401-0000-20600 Retention Payable 4,259.37 401-0000-60185 Design 1,210.00 401-0000-60188 Construction 948.05 501-0000-60103 Professional Services 2,000.00 501-0000-60148 Car Washes 612.00 501-0000-60676 Vehicle Repair & Mainten... 10,216.93 501-0000-71103 Cvc Ctr Bldg Repl/Repair 818.56 502-0000-60104 Consultants 13,850.00 502-0000-60108 Technical 2,221.19 502-0000-61400 Utilities - Cable 126.09 502-0000-80100 Machinery & Equipment 37,915.92 4/7/2017 1:52:06 PM Page 6 of 7 Demand Register Packet: APPKTO1076 - CIA 04/07/17 Account Summary Account Number Account Name Expense Amount 601-0000-60455 Bank Fees 646.78 Grand Total: 1,345,769.39 Project Account Summary Project Account Key Expense Amount **None** 1,339,351.97 141501CT 300.00 141501RP 4,259.37 1617TM I CT 648.05 201603 D 1,210.00 Grand Total: 1,345,769.39 4/7/2017 1:52:06 PM iM Page 7 of 7 City of La Quinta Bank Transactions 03/25/17 - 04/07/17 Wire Transactions Listed below are the wire transfers from 03/25/17 - 04/07/17 Wire Transfers: 03/24/2017 - WIRE TRANSFER - ICMA 03/24/2017 - WIRE TRANSFER - LQCEA 03/28/2017 - WIRE TRANSFER - TASC 04/06/2017 - WIRE TRANSFER - PERS 04/06/2017 - WIRE TRANSFER - PERS HEALTH TOTAL WIRE TRANSFERS OUT Attachment 2 $ 4,215.00 $ 423.00 $ 941.78 $ 34,849.49 $ 87,790.92 $ 128,220.19 CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING April 18, 2017 STAFF REPORT AGENDA TITLE: AUTHORIZE SUBMISSION OF TWO GRANT APPLICATIONS FOR THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM RECOMMENDATION Authorize the submission of two grant applications for the Riverside County Transportation Commission SB 821 Bicycle and Pedestrian Facilities Program. EXECUTIVE SUMMARY • Staff has identified missing curb ramps and a non -compliant driveway in the American with Disabilities Act (ADA) path of travel at the intersection of Adams Street and Blackhawk Way. • The City has received numerous requests to construct the missing sidewalk segment along Jefferson Street north of Avenue 50. • Staff proposes to submit two applications on April 27, 2017, requesting $219,000 for the La Quinta High School ADA Improvements and $180,000 for the Jefferson Street Sidewalk Gap Closure. FISCAL IMPACT If the La Quinta High School ADA Improvements grant application is awarded, the City would receive 50%, or $109,500, and staff will submit a request to Council to appropriate the remaining 50%, or $109,500, from the ADA Accessible Ramps and Sidewalks at Various Locations Accounts. If the Jefferson Street Sidewalk Gap Closure grant application is awarded, the City would receive 50%, or $90,000 and staff will submit a request to Council to appropriate the remaining 50%, or $90,000, from the ADA Accessible Ramps and Sidewalks at Various Locations Accounts. BACKGROUND/ANALYSIS On the west side of the intersection at Adams Street and Blackhawk Way, the existing sidewalk cannot be accessed because there are no curb returns. The crosswalks terminate into vertical curbs, while the southern crosswalk also terminates partly into a non -compliant driveway. The proposed safety improvements will provide a complete ADA path of travel. A vicinity map is included as Attachment 1 of the grant application. 91 Jefferson Street has sidewalk access from Interstate 10 south to PGA West, except for a small missing segment north of Avenue 50. This missing section prevents elderly and disabled residents living north of Avenue 50 access to the Citrus Plaza Shopping Center. A vicinity map is included as Attachment 1 of the grant application. ALTERNATIVES Council could choose not to submit one or both of the SB 821 Grant Applications. Prepared by: Edward J. Wimmer, P.E., Principal Engineer Approved by: Timothy R. Jonasson, P.E., Design and Development Director/City Engineer Attachment: 1. SB 821 Grant Application for La Quinta High School ADA Improvements Attachment: 2. SB 821 Grant Application for Jefferson Street Sidewalk Gap Closure ATTACH M ENT 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of La Quinta Project Name: La Quinta High School ADA Improvements Contact Person: Tim Jonasson, PE Title: Director of Design and Development/City Engineer Telephone #: (760) 777-7042 Fax #: (760) 777-7011 Email Address: toonasson@la-guinta.org Address: 78495 Calle TamDICo. La Ouinta. CA 92253 II. PROJECT DETAILS Project type (check all that apply): ❑ Bicycle Project ❑ Pedestrian Project Project location: ® Coachella Valley ❑ Western Riverside County Does this project proposal include any of the following? (check all that apply): ❑ Curb ❑ Gutter ❑ Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ❑ Yes III. PROJECT DESCRIPTION The proposed improvements include constructing two new accessible curb ramps and updating one driveway to current ADA standards at the intersection of Adams Street and Blackhawk Way, in front of La Quinta High School. Currently, the west side of the intersection does not include any curb ramps to access the existing sidewalk. The crosswalks terminate into vertical curb, while the southern crosswalk also terminates partly into a noncompliant driveway. The scope of work will include adding curb ramps and replacing the noncompliant driveway in conformance with current American with Disabilities Act (ADA) guidelines. In order to accommodate the ADA curb ramps and driveway, some landscape will be disturbed and a short retaining wall will be constructed. 1 93 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION This intersection is heavily used by students to access their communities north and west of the school, as well as residents accessing the Highway 111 Commercial Corridor and transit stations. For safety reasons, this route must be accessible to everyone. IV. DESTINATIONS SERVED (15 pts) The intersection of Adams Street and Blackhawk Way is within walking distance to four schools including the La Quinta High School, First School of the Desert, Amelia Earhart Elementary, and John Glenn Middle School. This intersection is not only heavily used by students to get to and from school, it is also a direct pedestrian route to the Highway 111 Commercial and Transit Corridor in La Quinta which is only a half mile south of the project site. Within walking distance; within a three-quarter mile radius; are several large shopping centers with food, retail, a post office, and many other pedestrian friendly destinations. In addition, this project is adjacent to La Quinta High School, and the La Quinta Park, which includes soccer fields, baseball, and skate park. A half mile north and west of the project site is a medical center, and two more public parks. Three-quarters of a mile north and west of the project site is the Indian Wells Tennis Garden which is home to the BNP Paribas Tennis Tournament which draws a large amount of pedestrian traffic during the season. 1. La Quinta High School serves approximates 3,400 students in the surrounding community. 2. First School of the Desert is a pre-school open to children from 2 years old to kindergarten. The school is located in the middle of a residential development allowing the opportunity for parents to stroll their young kids to and from the pre-school. 3. Amelia Earhart Elementary School of International Studies serves approximately 913 students in the surrounding community. 4. John Glenn Middle School of International Studies serves approximately 1,400 students in the surrounding community. 5. The La Quinta Park includes soccer fields, baseball fields, basketball, and a skate park. The park is also one of the main parks used by the American Youth Soccer Organization (AYSO) for their youth soccer program. 6. The Highway 111 Commercial Corridor is a heavily used center of commercial activity. The corridor includes restaurants, fast food, grocery, retail, post offices, and much more. 2 94 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION 7. The Pioneer Park/Dog Park is a main destination for dog walkers in the community. 8. The Eisenhower Health Center is frequented by elderly and disabled pedestrians accessing the many, multi -disciplined medical professionals. V. SAFETY (10 pts) The City identified the lack of curb ramps in this location during a 2012 ADA Compliance assessment. Without curb ramps on the west side, there is currently no safe ADA path of travel across this intersection leaving disabled pedestrians with inadequate safety provisions. In addition to the lack of curb ramps, the driveway at the intersection of Adams Street and Blackhawk Way has a cross slope that measures 9%, identified during the compliance assessment, which is well above the required 2% max slope. The proposed project will correct these safety hazards. In addition, there is a transit stop immediately north of the intersection, so disabled pedestrians who rely on wheelchair access currently have no way to safely cross Adams Street when using this station. Adams Street is classified as a Major Collector in this area carrying approximately 13,000 vehicles per day according to the 2015 CVAG Traffic Count. In addition, Adams Street has a posted speed limit of 45mph based on an 85t" percentile speed of 48mph measured during a 2014 Study. Therefore, it is imperative to provide adequate ADA paths of travel to accommodate all users and prevent any pedestrian from traveling on the street. VI. PROJECT ENHANCEMENT (S pts) The proposed project will correct several high -profile ADA deficiencies in La Quinta's Active Transportation Network. Providing ADA complaint curb ramps and updating the driveway will encourage disabled pedestrians to utilize the existing pedestrian routes to the school, Highway 111 Commercial Corridor, and the other destinations identified. VII. MULTIMODAL ACCESS (S pts) The intersection of Adams Street and Blackhawk Way lies on the Line 70 Sunline Bus Route and a short half mile from the Line 111 Sunline Bus Route that provides access to the entire Coachella Valley. The improvements are also within three-quarters of a mile of the Line 54 Sunline Bus Route that also provides multi -jurisdictional access. Including the transit stop immediately north of the intersection, there are ten transit stops within walking distance of these improvements. 3 95 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Vill. PROJECT BUDGET AND SCHEDULE The project budget and local match may only encompass the pedestrian or bicycle facility project; no additional maintenance, street projects, etc. expenses should be included. Total Estimated Project Cost $ 219,000 (100 %) Local Match* Committed: (10 pts) $ 109,500 (50 %) SB 821 Funds Requested: $ 109,500 (50 %) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration $ 60,000 Right -of -Way $ N/A Construction $ 159,000 Other (specify): $ Estimated Construction start date (Mo/Yr): 02/2018 Estimated Construction end date (Mo/Yr): 09/2018 IX. CERTIFICATION I certify that the information presented herein is complete and accurate and, if this agency receives funding, it will be used solely for the purposes stated in this application and following the adopted policies. Signature Title 4 Date 0. FY 2018 SB-821 GRANT APPLICATION Cltr of �' ��Ill I7 v5t'r I nSARFIr City of Indian Wells 'N DR Citf of Lad uinta PROJECT LOCATION LA QUINTA HIGH SCHOOL ADA IMPROVEMENTS ATTACHMENT 1 VICINITY MAP CITY OF LA QUINT) i N p 97 FY 2018 SB-821 GRANT APPLICATION CITY OF LA QUINTA 2. FIRST SCHOOL 7. PIONEER PARK 3. AMELIA EARHART EL MENTAR` AND DOG PARK — 4. JOHN GLEN MIDDLE 8. EISE OW HEALTH C TER DESERT PRIDE s PARK - 5. LA QU NTA PAR ADAIMPROVEMENTS— CITY OF INDIO 8 1. LA QUINTA HIGH SCHOOL CITY OF LA QUINTA .s 4 LA QUINTA HIGH SCHOOL ADA IMPROVEMENTS ATTACHMENT 2 DESTINATIONS SERVED m cc� i„ " I .�Y i' .• .; ADA Compliant Curb Ramps at Blackhawk Way and Adams Street 1/31/2017 Preliminary Engineer's Estimate ITEM NO. DESCRIPTION UNIT QTY. UNIT PRICE EXTENDED PRICE 1 Mobilization LS 1 $25,000 $25,000 2 Traffic Control LS 1 $35,000 $35,000 3 Dust Control LS 1 $5,000 $5,000 4 Clearing and Grubbing LS 1 $2,000 $2,000 5 Minor Grading LS 1 $10,000 $10,000 6 Remove Curb/Curb and Gutter LF 79 $7 $553 7 Remove Existing Concrete SF 910 $4.00 $3,640 8 Construct Sidewalk SF 230 $8.00 $1,840 9 Curb and Gutter LF 79 $30.00 $2,370 10 Construct Driveway SF 190 $15.00 $2,850 11 Construct Curb Ramp EA 2 $3,500.00 $7,000 12 Construct Short Retaining Wall LF 17 $600.00 $10,200 13 Restore Landscape and Irrigation SF 250 $7.50 $1,875 14 IStriping LS 1 1 $10,000 $10,000 This estimate assumes the removal of the existing sidewalk, driveway, and portion of a retaining wall; and construction of two ADA compliant curb ramps, ADA compliant driveway, and reconstruction of short retaining wall. This estimate assumes that the signals will remain in place and that the crosswalk location will shift to accomodate the new curb ramps. It is assumed that the grades will accomodate the new curb ramps with minor grading needed. It is assumed that work will take place in City's ROW and existing 10' easements. It is assumed Survey will be needed. Sub Total Construction: $117,328 Design Contingency 10%: $11,733 Construction: $130,000 Design: $26,000 Professional: $13,000 Insp/Test/Survey: $13,000 City Admin: $7,000 Survey $10,000 Contingency: $20,000 Total Preliminary Estimate: $219,000 100 ATTACH M ENT 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of La Quinta Project Name: Jefferson Street Sidewalk Gap Closure Contact Person: Tim Jonasson, PE Title: Director of Design and Development/City Engineer Telephone #: (760) 777-7042 Fax #: (760) 777-7011 Email Address: tionasson@la-guinta.org Address: 78495 Calle Tampico, La Quinta, CA 92253 II. PROJECT DETAILS Project type (check all that apply): ❑ Bicycle Project ® Pedestrian Project Project location: ® Coachella Valley ❑ Western Riverside County Does this project proposal include any of the following? (check all that apply): ❑ Curb ❑ Gutter ❑ Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ❑ Yes III. PROJECT DESCRIPTION The proposed improvements include constructing approximately 900 feet of new sidewalk along the west side of Jefferson Street behind the existing curb and gutter from Avenue 50 north to Derek Alan Drive. This sidewalk is the final link to complete pedestrian accessibility along the entire Jefferson Street Corridor. In particular, there is a development immediately north of the project that has many elderly and disabled residents that need this sidewalk to access facilities in the Citrus Plaza Shopping Center and the drugstore located at the corner of Avenue 50 and Jefferson Street. Jefferson Street is an important six -lane, regional arterial connecting residents from major developments, including PGA West to the south, to Interstate 10 to the north. Not only is this 1 101 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION route important for local connectivity, Jefferson Street connects to Highway 111, a major commercial corridor for La Quinta, and is used as a main route for people coming from outside of the Coachella Valley going to the Coachella and Stagecoach Music Festivals held every April and the new Desert Trip Festival held in the Fall. As such, it is imperative to provide full pedestrian connectivity to residents and visitors in order to encourage non -motorized travel. Currently, residents living and visiting along the west side of Jefferson Street do not have pedestrian access south to Avenue 50 and the neighborhood shopping center located there. In addition, the closest intersection for an accessible pathway is at Avenue 49, in the opposite direction of the destinations for many residents. This encourages Jaywalking, which is a major safety issue, and discourages non -motorized transportation. IV. DESTINATIONS SERVED (15 pts) Besides residences, the Jefferson Street Corridor in La Quinta provides access to shopping centers, schools, parks, and golf courses among many other destinations. Within walking distance of the proposed project; within a three-quarter mile radius; are the Citrus Plaza Shopping Center, Rancho Del Sol Horse Ranch, Rancho La Quinta Golf Club, Mountain View Golf Club, and La Quinta Resort. Several of the destinations served by the proposed improvements include Country Clubs who accept memberships beyond the gates of the Country Club. Due to the many wellness benefits (sports, pool, spa, dining, etc.) these Country Clubs are a haven for pedestrian activity. Providing complete pedestrian access to these destinations will promote active transportation and encourage non -motorized transportation. 1. The Citrus Plaza Shopping Center provides access to the only neighborhood grocery store within two miles. The shopping center also provides a drug store, a postal service, and several restaurants. 2. Rio Del Sol is one of the oldest family owned horse ranches in southern California. In addition to the equestrian services, Rio Del Sol offers residents a park like setting for parties, weddings, and other special events. 3. The Rancho La Quinta Golf Club offers two full 18-hole golf courses plus a driving range and putting green. In addition, the Clubhouse holds the Cantina Restaurant, Golf Shop, pools, tennis, and a fitness center. 4. The Mountain View Golf Club also offers residents golf, swim, tennis, dining, and shopping. There is also a wellness spa, fitness center, bocce ball courts, and other attractions. 2 102 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION 5. The La Quinta Resort is a combination of three large Golf resorts with The Citrus Club located just west of Jefferson Street. The resort includes three golf courses, swimming, dining, and shopping among other attractions. Though not considered within the specified three-quarters of a mile walking distance, many additional pedestrian heavy destinations are within one mile of the proposed improvements. The Polo Fields, where the Coachella, Stagecoach, and Desert Trip Festivals are held annually are only one mile east along Avenue 50. These concerts generate tremendous amount of pedestrian traffic. One mile west of the proposed improvements are a Boys and Girls Club, a YMCA, La Quinta Middle School, Harry Truman Elementary School, and La Quinta Sports Park. V. SAFETY (10 pts) Many of the destinations served are along Avenue 50 or south of Avenue 50, leaving residents to either walk in the street, or encouraging them to Jaywalk across Jefferson Street. Jefferson Street is classified as a minor arterial road with upwards of 26,000 vehicles per day according to the 2015 CVAG Traffic Count. In addition, the speed limit along Jefferson Street in this section is 55mph based on an 85th percentile speed of 58mph measured during a 2007 survey. As such, safety is a major concern when the lack of sidewalk encourages Jaywalking and walking on the street. VI. PROJECT ENHANCEMENT (S pts) The proposed project would complete the final missing link along the entire Jefferson Street Corridor. In addition, a new curb ramp at Jefferson Street and Derek Alan Drive will be constructed to current ADA standards. The existing curb ramp at the northwest corner of the Jefferson Street and Avenue 50 intersection, as well as the existing curb ramp at the intersection of Jefferson Street and Derek Alan Drive will be upgraded to current ADA standards. These improvements will allow complete ADA access from Interstate 10 to PGA West. VII. MULTIMODAL ACCESS (S pts) Currently there are no bus routes along Jefferson Street or Avenue 50, so the only way pedestrians can access the Sunline Bus System is to walk to Highway 111, a mile and a half north of the proposed improvements. These improvements will not only make it easier for residents to access the transit stations at Highway 111 and Jefferson Street, but they will also 3 103 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION encourage more people to use the Sunline Transit System to access the Coachella, Stagecoach, and Desert Trip Festivals. Vill. PROJECT BUDGET AND SCHEDULE The project budget and local match may only encompass the pedestrian or bicycle facility project; no additional maintenance, street projects, etc. expenses should be included. Total Estimated Project Cost Local Match* Committed: (10 pts) $ 180,000 (100 %) $ 90,000 (50 %) SB 821 Funds Requested: $ 90,000 (50 %) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration Right -of -Way Construction Other (specify): Estimated Construction start date (Mo/Yr): 02/2018 Estimated Construction end date (Mo/Yr): 09/2018 IX. CERTIFICATION $ 30,000 $ N/A $ 150,000 I certify that the information presented herein is complete and accurate and, if this agency receives funding, it will be used solely for the purposes stated in this application and following the adopted policies. Signature Title 4 Date 104 FY 2018 SB-821 GRANT APPLICATION of La QLlinta L III t x z et it i•:AVA )CATION . 6 tNO-Av JEFFERSON STREET SIDEWALK GAP CLOSURE ATTACHMENT 1 VICINITY MAP CITY OF LA QUINTP —AVL NU L- 5 1 I i t.. RIF i N I 105 4 i ty OF 1 QUINTA CITY OF • • AAWT f r RANCHO 1 • • 1• 1 1I 1 4� • 41 /—MISSING SIDEWALK 1 PLAZA1. CITRUS HOPPING CENTER - i i 1► ��y 2. RANCHO DEL SOL wjMG M711 li`f IR�/Y►k {, r d► L _ ." 'r: k w - a t Lo •s.. ct0 4,4 IcCIA �i fir..tr � 4. MOUNTAIN r iRNY5. LA QUINTA RESORTii f qOLF CLUB Aw 1r, - tsNY IL � � �` � � "�' Itc�S�tt � � �1 •r r hT ,. a�ywltfllo�l�� t �xa;f�t� 'loll� '�., ' Agency: City of La Quinta Date 4/5/2017 Estimate By LG Project: Jefferson Street at Avenue 50 Sidewalk Improvements Preliminary Estimate Item Project Description Unit Quantity Unit Cost Total 1 Mobilization 1 LS $ 10,000.00 $ 10,000.00 2 Dust Control 1 LS $ 5,000.00 $ 5,000.00 3 Traffic Control 1 LS $ 10,000.00 $ 10,000.00 4 Sawcut & Remove Existing Curb Ramp 2 EA $ 1,500.00 $ 3,000.00 5 Adjust Signal Interconnect Pull box to Grade 4 EA $ 750.00 $ 3,000.00 6 Relocate City Obelisk/DVBA Sign 1 EA $ 4,500.00 $ 4,500.00 7 4" Thick Sidewalk per City of La Quinta STD 210 & 241 4815 SF $ 7.00 $ 33,705.00 8 Curb Ramps per City of La Quinta STD 250 Case A 2 EA $ 4,500.00 $ 9,000.00 9 Curb Ramps per City of La Quinta STD 250 Case B 1 EA $ 4,500.00 $ 4,500.00 10 Construct Under Sidewalk Drain 3 EA $ 5,000.00 $ 15,000.00 11 Modify Landscaping and Irrigation 400 SF $ 15.00 $ 6,000.00 SUBTOTAL 20% CONTINGENCY $ $ 103,705.00 20,741.00 *Note: This project includes the construction of a 5.5' sidewalk (6' total width) curb adjacent along the west side of Jefferson Street between Avenue 50 and Derek Alan Drive. Work includes the removal and replacement of two curb ramps, the construction of one new curb ramp, landscape modifications, construction of under sidewalk drains, and the relocation of an Obelisk. Construction $ 124,446.00 Administration (5%) $ 6,222.30 Engineering (10%) $ 12,444.60 Inspection (9.75%) $ 12,133.49 Professional (7.25%) $ 9,022.34 Subtotal $ 164,268.72 Contingency (10%) $ 16,426.87 Expense Amount Total $ 180,695.59 107 108 CONSENT CALENDAR ITEM N0. 10 City of La Quinta CITY COUNCIL MEETING* April 18, 2017 STAFF REPORT AGENDA TITLE, ADOPT RESOLUTION TO ESTABLISH REGULAR PART-TIME POSITION FOR SOFTWARE PROGRAM REPORT WRITER RECOMMENDATION Adopt a Resolution to establish a regular part-time position for Software Program Report Writer in the Design and Development Department. EXECUTIVE SUMMARY • The Software Program Report Writer is currently provided through a temporary staff agency. • Instead of continuing to contract for this position, the City looks to hire a regular part-time staff member to fulfill the duties. • This action will benefit the department's ability to streamline operations and maintain the City's permit tracking software. FISCAL IMPAC'i The Report Writer position is contracted for an annual cost of $63,326. By converting to a permanent part time position, the estimated cost is $54,950. This would be an annual savings of $8,376. BACKGROUND/ANALYSIS Since March 2016, the Software Program Report Writer has been contracted through a temporary staff agency. Their skills are needed to run Structured Query Language (SQL) report writing. SQL is a software language to communicate with a central database. Originally, this position was contracted to develop reports that would streamline the City's business license renewal process. As the project progressed, staff recognized the need to develop additional reports that contribute to the department's ability to streamline operations. Newly developed reports require ongoing enhancements, modifications, and maintenance. The addition of this position to The Hub will help achieve efficiencies, and expanded duties such as: • Development, enhancement and maintenance of customized reports • Real-time data driven/performance metrics • Improve data management 109 Supplement ability to streamline operations Improve customer service. The City's Classification Plan and Salary Schedule establishes job classifications and salary schedules and any amendments require Council action. ALTERNATIVES The Council could elect to delay, modify, or reject the requested position. Doing so would impact The Hub's ability to develop reports that directly affect streamlined operations. Prepared by: Angela Scott, Human Resources Analyst Approved by: Chris Escobedo, Community Resources Director 110 RESOLUTION NO. 2017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING A REGULAR PART TIME POSITION OF SOFTWARE PROGRAM REPORT WRITER WHEREAS, the City Council previously approved and adopted the 2016/17 Classification Plan; and WHEREAS, the City's Personnel Policy Section 2.05, Preparation and Amendment of Classification Plan, requires amendments to the Classification Plan be adopted by a Resolution of the City Council; and WHEREAS, establishment of a regular, part-time Software Program Report Writer will allow the City to achieve efficiencies and expanded duties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City does hereby approve and adopt the revisions to the Classification Plan for Fiscal Year 2016/17, attached hereto as "Exhibit A" and incorporated herein by reference. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 18" day of April, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 111 Resolution No. 2017- Classification Plan Adopted: April 18, 2017 Page 2 of 2 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 112 CITY OF LA QUINTA AUTHORIZED POSITIONS - SALARY RATINGS EFFECTIVE MARCH 21 2APRIL 18, 2017 CLASSIFICATION SPECIFICATION Administrative Administrative Assistant Administrative Technician Code Administration Code Administration Technician Code Administration Specialist Code Administration Supervisor Code Administration Coordinator Maintenance & Operations Maintenance & Operations Worker Maintenance & Operations Technician Maintenance & Operations Coordinator Maintenance & Operations Superintendent Management Administration Management Assistant Management Specialist AUTHORIZED WORKING TITLE Office Assistant Administrative Technician Executive Assistant Permit Technician Animal Control/Code Compliance Officer Building Inspector Public Works Inspector Animal Control/Code Compliance Supervisor Permit Operations Supervisor Plans Examiner/Inspection Supervisor Construction Manager/Inspection Supervisor Buildings Worker Parks Worker Maintenance Worker I Maintenance Worker II Traffic Signal Technician Buildings Coordinator Maintenance Foreman Parks Foreman Traffic Signal Maintenance Supervisor Buildings Superintendent Parks Superintendent Community Resources Coordinator Management Assistant Vacation Rental/License Assistant Account Technician Finance Assistant Marketing & Events Supervisor Junior Accountant Software Program Report Writer Management Specialist Deputy City Clerk Accountant EXHIBIT A RATING All B21 B22 B22 B23 B23 B23 B32 B32 B32 C43 All All All Al2 B21 B23 B24 B24 B24 B32 B32 B21 B21 B22 B22 B22 B24 B24 B24 B24 B24 B32 CITY OF LA QUINTA AUTHORIZED POSITIONS - SALARY RATINGS EFFECTIVE MARCH 21 2APRIL 18, 2017 CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE RATING Management Coordinator C41 Management Analyst Associate Planner C42 Senior Accountant C42 Financial Services Analyst C42 Business Analyst C42 Community Programs/Wellness Supervisor C42 Human Resources Analyst C42 Management Analyst C42 Associate Engineer C43 Senior Planner C44 Management Manager Community Resources Manager D61 Customer Service Center Manager D61 Maintenance Manager D61 Planning Manager D61 Public Safety Manager D61 Building Official D61 City Clerk D62 Principal Engineer D62 Director Community Resources Director E82 Facilities Director E82 Design & Development Director/City Engineer E82 Finance Director/Treasurer E82 City Manager * City Manager salary is determined City Manager Council contract F101* 114 City of La Quinta CLASS SPECIFICATION Management Specialist CLASS SERIES I BAND/GRADE/SUBGRADE FLSA STATUS Management Administration I B24-B32 Non -Exempt This class is the second level in a four -level Management Administration Series focused on responsibilities associated with coordinating City processes and/or programs as a subject matter expert, or supervising non-exempt staff engaged in similar work. Incumbents, as assigned, are responsible for research, analysis, report writing and presentation; contract development and management; records reconciliation; program coordination; grant and contract management; and coordination across departments. DISTINGUISHING CHARACTERISTICS: Positions assigned to this classification perform programmatic and/or administrative coordination :)f a city service or program as a subject matter expert. As assigned, incumbents may supervise Staff. ESSENTIAL DUTIES: This class specification represents only the core areas of responsibilities; specific position assignments will vary depending on the needs of the department. Works with internal and external customers and stakeholders to resolve questions, service requests and/or problems and complaints; coordinates with contractors and outside service providers when required to resolve problems. Conducts research and keeps abreast of changes in assigned field in order to assist in, or develop, plans, programs, goals and objectives. Prepares written reports, plans, public information collateral and/or program documents such as grant funding applications, agreements, etc. As assigned, supervises staff to include: prioritizing and assigning work; conducting performance evaluations; ensuring staff are trained; ensuring that employees follow policies and procedures; maintaining a healthy and safe working environment; and making hiring, termination and disciplinary recommendations. Maintains cooperative working relationships with peers, other jurisdictions and state or federal agencies as assigned. Creates, updates, distributes and maintains records, reports, logs and other documentation. Performs other duties of a similar nature and level as assigned. Positions assigned to Junior Accountant functions may also be responsible for: • Preparing various financial schedules and reports; • Preparing journal entries and reconciling the general ledger with subsidiary financial applications; • Assist with internal and external audit requirements ensuring regulatory compliance; • Assist with preparation and verification of payroll and related documents (such as timesheets, retirement information, etc.) • Administering and overseeing purchasing; and • Assist with monitoring daily cash flows, performing cashering, and reconciling monthly bank statements. Rev. M9FEil-A ril 2017 1 115 City of La Quinta CLASS SPECIFICATION Management Specialist Positions assigned to Accountant functions may also be responsible for: • Performing complex and difficult accounting and financial support work within programmatic and procedural guidelines; • Preparing journal entries and reconciling various general ledger and subsidiary accounts; • Calculating and preparing reimbursement billings and tracking receivables; • Assisting in preparation of annual audit schedules for external auditors; • Assisting the Finance Director during the annual auditing process; • Assisting with the preparation of the annual and mid -year budgets; • Assisting with grant and CIP accounting; and • Monitoring daily cash flow, audit cashiering and, reconciling monthly bank statements. Positions assigned to Marketing & Events Supervisor (Community Resources) functions may also be responsible for: • Providing contract management and oversight with marketing and event vendors; • Managing marketing and promotion efforts for the city; Event development and execution; Coordinating with local nonprofits and community groups to provide activities; and Strategic Planning for marketing and event planning - (City and Community Resources Marketing Strategies). Positions assigned to Management Specialist (Design and Development) function may also be responsible for: • Assisting in the coordination of the Short Term Vacation Rental Program and business licenses; • Providing responsible, complex clerical and administrative support to the department; • Preparing a variety of reports and analytics needed by the Design and Development Director; • Addressing the interests of a variety of customers and stakeholders; and • Making presentations before City Council, commissions or stakeholder groups. Positions assigned to Deputy City Clerk functions may also be responsible for: • Preparing and distributing council agenda materials, including transcribing meeting minutes; • Maintaining indices and Codes and notarizing documents; • Records management including overseeing/coordinating city-wide scanning project and record destruction, legal recording and processing all record requests, subpoenas and summons; • City-wide contract processing and official document recording • Serving as Risk Manager for business -related matters, including claims and insurance review; • Managing FPPC and election filings; • Providing administrative services to Council and City Manager • Serving as support staff to the Oversight Board, and Advisory Committee; Serving as Housing Coordinator; Serving as Laserfische Administrator; Providing city-wide editing and research services; and Serving as Deputy Elections Official , Deputy Records Manager; and performing duties of City Clerk in the absence of the City Clerk. Rev. Mprch April 2017 2 116 City of La Quinta CLASS SPECIFICATION Management Specialist ith staff to collect and document report reauirements. to understan and follow best practices; a variety of departmental reports; TRAINING AND EXPERIENCE: Associate's Degree and, as assigned, two (2) years experience related to area of assignment. Or an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed above. LICENSING/CERTIFICATIONS: Some positions may require a valid Class C California Driver's License. As assigned, must obtain Notary Public certification within six (6) months of employment. Documentation and record -keeping principles; Supervisory principles; Contract administration and performance monitoring; Program development, administration and evaluation; Research methods, program analysis and report preparation; Organizational structure of the city and city services as they relate to area of assignment; Applicable local, state and federal laws, rules and regulations; Modern office equipment; and Communication, interpersonal skills as applied to interaction with subordinates, coworkers, supervisor, the general public, etc. sufficient to exchange or convey information, evaluate performance and provide and/or receive work direction. Positions assigned to Junior Accountant and Accountant also require knowledge of: • Principles of basic accounting/bookkeeping; • Computer accounting applications; • Basic governmental accounting and budgeting; and • Methods of receiving and accounting for funds. Positions assigned to Community Resources also require knowledge of: • Safety precautions and procedures for public recreation and event planning; • Principles and techniques of recreational, cultural and social programs and event planning; and • Public information and marketing strategies. Rev. Mprch April 2017 3 117 City of La Quinta CLASS SPECIFICATION Management Specialist Positions assigned to Design and Development also require knowledge of: Short-term Vacation Rentals; CDBG grant processing and administration; and Effective public speaking and presentation techniques. Positions assigned to City Clerk also require knowledge of: Housing needs and socio-economic issues related to low and moderate income families; Contract review and processing principles; and _Municipal Records Management. Positions assigned to Software Program Report Writer (Design and Development) also require knowledge of: Confiauration and administration of SOL Server Reoortina Services: Reporting Services (SSRS) and Sequal Server Integration Servives (SSIS); I• Buildina Complex SOL queries: Creating and maintaining sound backup and recovery procedures. Analyzing problems and identifying solutions; Mathematical computations common to basic statistics; Understanding and acting upon written and verbal descriptions of problems; Negotiation and conflict resolution; Preparing written reports of moderate to high complexity and keeping accurate records; Operating a computer and relevant software applications; Operating modern office equipment; Supervising and evaluating employees; Prioritizing and assigning work; Applying local, state and federal laws, rules and regulations; Customer Service; and Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient to exchange or convey information and to receive work direction. Positions in this class typically require: standing, walking, fingering, talking, hearing, seeing and repetitive motions. Some positions may require occasional pushing, pulling, lifting and grasping. Sedentary Work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time. Jobs are sedentary if walking and standing Rev. Mprch April 2017 4 118 City of La Quinta CLASS SPECIFICATION Management Specialist are required only occasionally and all other sedentary criteria are met. Light Work: Exerting up to 20 pounds of force occasionally, and/or up to 10 pounds of force frequently, and/or negligible amount of force constantly to move objects. If the use of arm and/or leg controls requires exertion of forces greater than that for Sedentary Work and the worker sits most of the time, the job is rated for Light Work. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department. CLASS HISTORY INFORMATION: Draft prepared by Fox Lawson & Associates, a Division of Gallagher Benefit Services (DT) (3/2014) Revised by City of La Quinta (1/2016) Rev. Mprch April 2017 5 119 120 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: April 18, 2017 STAFF REPORT AGENDA TITLE: APPROVE COVENANTS AFFECTING REAL PROPERTY AND AMENDMENT NO. 2 TO PURCHASE, SALE AND DEVELOPMENT AGREEMENT WITH SILVERROCK DEVELOPMENT COMPANY LLC FOR SILVERROCK RESORT RECOMMENDATION Approve covenants affecting real property and Amendment No.2 to the Purchase Sale and Development Agreement with Silverrock Development Company LLC for SilverRock Resort and authorize the City Manager and City Attorney to (i) make minor revisions and additions as necessary that do not substantively change the business terms, and (ii) execute and implement said agreements and other documents necessary. EXECUTIVE SUMMARY • A Purchase, Sale and Development Agreement (Agreement) between City and Silverrock Development Company (SDC) was executed November 19, 2014. • On October 20, 2015 Council approved Amendment No.1 which modified the site plan, scope of development, and schedule of performance. • SDC has designed, engineered and received approvals for the Palmer Golf Course modifications, and the Site Development Permits for the luxury hotel, luxury branded residential, conference and shared services facility, lifestyle hotel, lifestyle branded residential, golf clubhouse and golf villas. • On March 2, 2017, SDC announced that Montage International would operate a Montage and a Pendry at SilverRock. • Amendment No. 2 would modify the development schedule; allow the transfer of the Golf Course, Ahmanson Ranch House and roadway parkways to SDC if specific performance measures are achieved; require covenants that run for perpetuity are recorded to insure resident access, tee times and rates for the Golf Course; require covenants that run for perpetuity are recorded to insure public access to the Ahmanson Ranch House and preservation of its historic character; and an option for SDC to development other SilverRock properties if specific performance measures are achieved. FISCAL IMPACT Additional property transfers will enable the City to collect 100% of all Developer Impact Fees (DIF), estimated at $6.2 million for all SilverRock development. The City would also receive property tax revenue from the properties that are currently owned by the City. Finally, the City will be relieved from funding a permanent clubhouse (estimated to be 121 $7,000,000 to $9,000,000), the operation deficits associated with the golf course (averaging approximately $500,000 annually) and the parkway maintenance costs. BACKGROUND/ANALYSIS It has been just over 2-1/3rd years since the original Agreement with SDC was executed. In this timeframe the SDC partnership structure changed, and SDC prepared master site plans, designed and engineered improvements, and obtained site development permits. SDC also concluded an agreement with the Montage and Pendry hotel operator, secured financing commitments for the master site infrastructure, negotiated financing to construct the hotels and related uses, and completed mass grading plans, infrastructure plans, and preliminary construction plans and specifications for the vertical development. Tax Exempt Bond Provisions. The City has been working with legal counsel to insure that this transaction does not impact the tax-exempt status of the bonds used to purchase and improve SilverRock. The former redevelopment agency (RDA) used tax-exempt bond proceeds to fund 66% of the acquisition and improvement costs (grading, Golf Course, Ahmanson Ranch House and support infrastructure). Per IRS regulations, the RDA and/or City may not receive more than 10% of the bond amount in private payments. Private payments are defined as non-traditional revenue (traditional revenue entails property, sales and transient occupancy taxes) or improvements a private entity may fund. When SilverRock was conceived, the RDA was to fund all improvements (acquisition, grading, infrastructure, golf courses, driving range, club house, community park and parkway landscaping/entry features), which was projected to total $185.0 million to $200.0 million. The RDA would then sell improved development pads. The private payment allocation (given the use of tax-exempt bond proceeds) would have totaled $18.5 million to $20.0 million, depending on the total RDA investment. In 2011, the Legislature eliminated redevelopment and the $185.0 million to $200.0 million of anticipated RDA funding ceased. The City's option was to sell the remaining SilverRock property and have a developer fund all improvements (mass grading, infrastructure, permanent clubhouse, a second golf course, additional Ahmanson Ranch House improvements, a community park, and parkway/entry features). Since tax-exempt bonds were used to fund property acquisition, the Golf Course and driving range improvements, the aforementioned IRS restrictions still applied until the bonds are paid off (2033). Bond proceeds from the 1998, 2001 and 2002 tax-exempt bonds were used; these three bond issues totaled $97.2 million. Applying the 10% private activity test yields a total private payment of $9.7 million. The relevance of the tax-exempt bond provisions is the City may receive property tax, sales tax and transient occupancy tax (TOT) revenue from the SilverRock development and not trigger the 10% private activity test. However, the payments and improvements listed below fall into the private activity test provisions: POTENTIAL SILVERROCK PRIVATE PAYMENTS • DEVELOPMENT IMPACT FEE (DIF) (phase 1): $ 5.0 m • GOLF COURSE REALIGNMENT: $ 3.5 m • PERMANENT CLUBHOUSE: $ 6.8 m • AHMANSON RANCH HOUSE REHAB: $ 2.0 m 122 • TEMPORARY CLUBHOUSE AND DRIVING RANGE: • PORTION OF JEFFERSON STREET ENTRY: • MASS GRADING BENEFITING SILVERROCK WAY: • IMPROVED PERIMETER LANDSCAPE: • PORTION OF ROADWAY SERVICING RANCH HOUSE • DEVELOPER IMPACT FEE (DIF) (phase 2) • POSSIBLE LAND SALES PRICE (phase 2) TOTAL TOTAL (less highlights) $ 1.0 m $ .7 m $ .5 m $ .5 m $ .3 m $ 1.2 m 1.3 m $22.8m $ 9.7 m It is City policy to not waive DIF fees (they are used to fund infrastructure and facility improvements), so other considerations must be made in order to stay within the 10% limit. The 10% private activity limit does not apply if the City is contractually obligated to transfer SilverRock property to a developer and who then constructs the improvements. Based upon these facts staff recommended that the following be transferred to SDC upon achieving set performance measures: • The Golf Course • The revamped driving range • The golf maintenance facility • The Ahmanson Ranch House • The existing entry feature (Avenue 52) and the parkways that adjoin Avenue 52 and Jefferson Street. Amendment No. 2. There are three primary items addressed in Amendment 2: 1) Additional Property Transfer the Golf Course to SDC after the following occurs: Completing the Golf Course realignment, and the temporary clubhouse and driving range Hotel construction is underway and the permanent clubhouse is completed Recording covenants requiring maintenance standards, resident access and resident rates o These covenants would have first priority over any financing. Transfer the Ahmanson Ranch House to SDC after the following occurs: Closing financing for hotels and Ranch House improvements Recording covenants requiring public access and design preservation. Transfer the perimeter landscape lots to SDC: Prior to any landscape or hard scape improvements After closing construction financing for both hotels After recording covenants requiring public access Grant an option for SDC to purchase Phase 2 land (see Attachment 2-Site Plan): • Upon opening both hotels and the permanent clubhouse 123 o The same covenants regarding maintenance, resident access and resident rates would apply for a 3rd nine holes of golf (SDC would build and operate the 3rd nine hole course). The property transfers enable the City to collect 100% of the DIF fees for all Silverrock development. Additionally, transferring the Golf Course would relieve the City's ongoing General Fund contributions to operations and/or storm damage that to date are in excess of $6.1 million (since the Golf Course opened). These transfers would reduce General Fund expenditures while the covenants would preserve resident access and reduced rates. 2) Modify the Schedule of Performance Adjust outside dates for various land transfers, master site infrastructure construction and start/completion of the hotels as follows: • Phase 1A Land Closing consisting of luxury hotel, luxury branded residential, and conference and shared services sites (PA 2,3,and 4) on or before 5/1/2017 • Phase 1B Land Closing consisting of lifestyle hotel, lifestyle branded residential, promenade and mixed use village, resort residential village and golf clubhouse sites (PA 5,6,7,8,9, and portions of 10A) on or before 11/1/2017 • Golf Course Realignment to start on or before 5/1/17 and to finish on or before 11/1/17 • Construction of both hotels, the conference and shared services facility and permanent clubhouse shall start on or before 4/4/18 and shall be finished on or before 10/4/19. The chart below details the original, Amendment No.1 and proposed Amendment No. 2 schedule of performance dates. The Amendment 2 changes provide limited time extensions to complete major milestones, most notably a 145-day extension to complete the luxury hotel. However, the commitment from Pendry requires SDC to open both luxury and lifestyle hotels at the some time moving back the outside date to open the lifestyle hotel by over 4 years. OUTSIDE DATES FOR SCHEDULE OF PERFORMANCE Original Agreement Phase 1 land closing Luxury Hotel start Luxury Hotel completion Phase 2 land closing Lifestyle Hotel start Lifestyle Hotel completion 5/12/16 5/12/17 5/12/19 11/18/18 5/11122 5/11/24 Amendment 1 Phase 1 land closing Luxury Hotel start Luxury Hotel completion Phase 2 land closing Lifestyle Hotel start Lifestyle Hotel completion 1/7/17 5/9/17 5/9/19 11/18/19 5/8/22 5/8/24 Amendment 2 Phase 1A land closing Luxury Hotel start Luxury Hotel completion Phase 1 and 2 land closing Lifestyle Hotel start Lifestyle Hotel completion 5/1/17 4/4/18 10/4/19 11/1/17 4/4/18 10/4/19 Change in P of days from original 354 327 145 1 -382 -1498 -1681 124 3) Revised Business Terms The promenade and mixed -use village, and resort residential village (PA 7,8,and 9) to be transferred to SDC prior to securing a site development permit (SDP) for these properties as follows: • SDP must comply with Development Agreement and Silverrock Specific Plan. • Before SDC may transfer this property to a third party, an approved SDP is required. The aforementioned terms are a requirement of SDC's master site infrastructure lender. The master site infrastructure is projected to cost $42.0 million; the lender is seeking SDC control of these properties as security for this investment. Approving Amendment No.2 will enable SDC to proceed with a May 1, 2017 groundbreaking. This activity will entail starting the golf hole realignment in order to create the luxury hotel parcel, and start work on the temporary clubhouse and driving range (which will be dedicated to the City for park use after the permanent clubhouse and revamped driving range are finished). Once this is complete in November 2017, SDC will then commence mass grading and infrastructure improvements. Construction is projected to start on the luxury hotel, lifestyle hotel, conference facility and permanent clubhouse in April 2018. ALTERNATIVES The Council could direct staff to further modify the terms of Amendment No. 2; this option would delay development and impact development financing. Prepared by: Jon McMillen, City Economist Approved by: Frank J. Spevacek, City Manager Attachments: 1. Silverrock Master Plan 2. Agreement, Amendment No. 2 125 126 PA 2 1,14NURY FWEL PARKINgjp sr� PA11 PUBLIC PA.RMIq ARROYO jh s \' r PA 3 LUXURY BRANDED RESIDENTIAL DEVELOP �°' 1 i `s NPA10A-2 �6� I� ,RESIDENTIAL �:�' i -PA 10lj 3 •CONFERENCE 'AND SHARED. SERVICE FACILITY ^ PAMB-2 �ti• �'+.e„ PA RESIDENTIAL ; LIFESTYLE HOTEL. .: PA 1f1A_7 - - IGOLF CLUBHOUSE PA 2 LUXURY HOTELISPA'T PA 2 ♦�'+ . LUXURY HOTEL. _y. ,.- PA 1:. ® ► GOLLACOURSE'-' PA 7 PROMENADE MIXED USE VILLAGEAREAI I PA 9 �'s• .c i PROMENAI3E',MIXED USE', I VILLA E AREA II , PA 8 RESORT RESIDENTIA • ILLAGE PA 10B-5 /,I j RESIDENTIA " 1QB-1�j�! ntlisti POW -*Ai IF#li • • A kPAq RESIDENTIAL PRESIDENT ' 128 ATTACH M ENT 2 AMENDMENT NO. 2 TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT THIS AMENDMENT NO. 2 TO PURCHASE, SALE, AND DEVELOPMENT AGREEMENT ("Amendment No. 2" or "Agreement") is made and entered into as of 2017 ("Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"). RECITALS: A. City owns fee title to that certain real property of approximately 525 acres located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein, as defined in the Original PSDA as the "SilverRock Resort Area." City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas" that are part of approximately 130 acres comprising the "Property" (as that term is defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City those specified "Planning Areas" to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the PSDA as the "Project Components." B. City and Developer entered into that certain Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1") to, among other things, update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1, is hereinafter referred to as the "PSDA." C. The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among other land use governing documents, permits, and entitlements, are centered around the existing use and enjoyment, by residents, guests of the City, and members of the public, of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course"). D. Pursuant to the PSDA and other City permits and entitlements, Developer is required to complete a realignment of the Golf Course (the "Golf Course Realignment"), so that the construction, development, use, and operation of all "Project Components" (as that term is defined in the PSDA) may be realized. 698/015610-0065 10783457.4 a04/13/17 129 E. City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and incorporated herein (the "Parcel Map"), which, in accordance with the Subdivision Map Act, subdivided the SilverRock Resort Area in the following parcels: Parcels 1-20 inclusive; and Parcels A-G inclusive (collectively, the "Parcels"). The Parcels are more particularly described in the legal descriptions attached hereto as Exhibit "C" and incorporated herein (the "Parcel Legal Description(s)"). F. Pursuant to the PSDA, the Parcel Map subdivided the SilverRock Resort Area to, among other reasons, create legally separate parcels that correspond to the Site Plan, and to further enable the financing and development of the Project and Project Components. A schedule that matches the acreage for the Parcels and Planning Areas, as well as a general schedule of the Phases of the development and Parcel conveyances, as set forth in the PSDA and modified by this Amendment No. 2, are attached hereto as Exhibit "D" and incorporated herein (the "Schedule of Acreage"). G. Unless otherwise specifically defined herein, all terms used herein shall have the meanings ascribed to such terms in the PSDA. H. City and Developer now wish to amend the PSDA to update (i) the Parcel Map and matching of acreage for the Planning Areas, (ii) the sale and conveyance of the Parcels as specified in this Amendment No. 2, and (iii) various timeframes and phasing of development, including certain timeframes within the Schedule of Performance. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference and a substantive part of this Agreement, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows- 1 . Site Map. The PSDA is hereby amended by replacing the Site Map. The "Site Map" is hereby modified pursuant to the site map attached hereto as Exhibit "A" and incorporated herein. References to Planning Areas or PAs shall correspond to the Site Map attached hereto. 2. Schedule of Performance. The PSDA is hereby amended by replacing the Schedule of Performance. The "Schedule of Performance" is hereby modified pursuant to the schedule attached hereto as Exhibit "E" and incorporated herein. 3. Land Use Covenants for Specified Planning Areas & Parcels. Notwithstanding any provisions in the PSDA to the contrary, and prior to the conveyance of any right, title, or interest of any Parcel in the SilverRock Resort Area, including but not limited to any conveyance of a security interest or recording of any deed of trust securing financing for the development of the Project, City and Developer shall execute, and City shall cause to be recorded in the Office of Official Records for Riverside County, 698/015610-0065 10783457.4 a04/13/17 2 130 California ("Recorder's Office") the following: the "Covenant Affecting Real Property (Golf Course Use)" substantially in the form attached hereto as Exhibit "F" and incorporated herein by reference; the "Covenant Affecting Real Property (Ahmanson Ranch House)" substantially in the form attached hereto as Exhibit "G" and incorporated herein by reference; and the "Covenant Affecting Real Property (Perimeter Landscaping and Trails)" substantially in the form attached hereto as Exhibit "H" and incorporated herein by reference (collectively, the "Land Use Covenants"). The Land Use Covenants shall be binding upon and run with the land for the PAs, Parcels, and other real property identified therein. 4. Modification of Phase 1 and Phase 2. The "Phase 1 Property" and "Phase 2 Property" as set forth in the Original PSDA are hereby modified by this Amendment No. 2; provided, however, that all covenants, terms, and conditions in the Original PSDA and Amendment No. 1, including but not limited to Developer's obligation to construct and complete all Master Site Infrastructure Improvements and comply with all City's Conditions Precedent to Closing, remain in full force and effect for the development of the Project (and each Project Component) and conveyance and use of the Planning Areas and Parcels in the SilverRock Resort Area. To the extent the PSDA refers to "Phase 1" or "Phase 2" (such as the "Phase 1 Property" or "Phase 1 Closing") those references shall be modified to now reference "Phase 1X or "Phase 113" (as applicable). To the extent the PSDA refers to items of performance that are tied to "Phase 1" or to "Phase 2", those references shall be modified to now reference "Phase 1X or "Phase 113" (as applicable) and be tied to corresponding Project Components, Planning Areas, and Parcels affected by the Phases as set forth in this Amendment No. 2. Unless Developer and City agree otherwise, all items of performance tied to either "Phase 1" or "Phase 2" in the PSDA shall be deemed to be tied to "Phase 1A" or "Phase 1 B" (as applicable) as set forth in this Amendment No. 2. 5. Phase 1A; Phase 1A Property. There is hereby established a new Phase, referred to herein as "Phase 1A." The portion of the Property included in Phase 1A (the "Phase 1A Property") shall be the Planning Areas identified on the Site Map as "PA 2," "PA 3," and "PA 4," and the corresponding Parcels for those PAs as identified on the Parcel Map as Parcels 1, 3, 4, 5, and 6, and corresponding acreage in the Schedule of Acreage. City shall convey to Developer, and Developer shall purchase from City, the Phase 1A Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, except that instead of entering into an Option Agreement in the form attached to the PSDA, City and Developer shall enter into an option agreement substantially in the form attached hereto and incorporated herein as Exhibit "I" (the "Phase 1A Option Agreement"), and subject to the following additional provisions: 5.1 Conditions to Conveyance of Phase 1A Property. City shall have no obligation to sell or convey the Phase 1A Property, and Developer shall have no right to purchase or acquire, the Phase 1A Property unless and until the following conditions are met: (a) the Final Parcel Map has been recorded; (b) Developer has obtained City's approval of the financing for the Golf Course Realignment (as described in Section 311.1 of the PSDA); (c) any and all permits have been issued by the City for the 698/015610-0065 10783457.4 a04/13/17 3 131 construction and completion of the Golf Course Realignment; (d) any and all Site Development Permits have been issued by the City for the construction and completion of the Project Components to be constructed and completed on the Phase 1A Property; and (e) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1A and the Phase 1A Property shall have been satisfied, or waived by City. 5.2 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1 A Property is on or about May 1, 2017. 5.3 Golf Course Realignment. Upon the conveyance of the Phase 1A Property to Developer, Developer shall construct and complete the Golf Course Realignment pursuant to the times set forth in the Schedule of Performance and as provided in this Amendment No. 2. 5.4 Temporary Golf Clubhouse. Developer shall construct and complete the Temporary Golf Clubhouse pursuant to the times set forth in the Schedule of Performance. 5.5 Temporary Driving Range. Developer shall construct and complete the "Temporary Driving Range" (as that term is defined in Section 11.2 below) pursuant to the times set forth in the Schedule of Performance. 5.6 Luxury Hotel and Luxury Branded Residential. Developer shall construct and complete the Luxury Hotel and the Luxury Branded Residential Development pursuant to the times set forth in the Schedule of Performance. 5.7 Conference and Shared Service Facility. Developer shall construct and complete the Conference and Shared Service Facility pursuant to the times set forth in the Schedule of Performance. 6. Phase 1 B; Phase 1 B Property. There is hereby established a new Phase, referred to herein as "Phase 1 B." The portion of the Property included in Phase 1 B (the "Phase 1113 Property") shall be the Planning Areas identified on the Site Map as "PA 5," "PA 6," "PA 7," PA 8," "PA 9," and "PA 10A-1," and the corresponding Parcels for those PAs as identified on the Parcel Map as Parcels 7, 8, 9, 10, 11, and 12, and corresponding acreage in the Schedule of Acreage. City shall convey to Developer, and Developer shall purchase from City, the Phase 1 B Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject to the following additional provisions: 6.1 Conditions to Conveyance of Phase 1 B Property. City shall have no obligation to sell or convey the Phase 1 B Property, and Developer shall have no right to purchase or acquire, the Phase 1 B Property unless and until the following conditions are met: (a) the Phase 1A Closing shall have occurred; (b) Developer shall have completed construction of the Golf Course Realignment, Temporary Golf Clubhouse, and Temporary Driving Range, as evidenced by City acceptance of each of the same; 698/015610-0065 10783457.4 a04/13/17 4 132 (c) Developer has provided and complied with City's approval of financing for the Master Site Infrastructure Improvements (as described in Sections 205.1(h) and 211 of the PSDA); (d) Developer has provided satisfactory evidence to a representative of City that Developer has the financial capacity and sufficient equity to close on all financing necessary to finance construction of the Project Components to be constructed on the Phase 1 A Property and Phase 1 B Property; (e) any and all permits, including Site Development Permits, have been issued by the City for the construction and completion of the Master Site Infrastructure Improvements, and (f) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1 B and the Phase 1 B Property shall have been satisfied, or waived by City. 6.2 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1 B Property is on or about November 1, 2017. 6.3 Lifestyle Hotel and Lifestyle Branded Residential. Developer shall construct and complete the Lifestyle Hotel and the Lifestyle Branded Residential Development pursuant to the times set forth in the Schedule of Performance. 6.4 Promenade Mixed -Use Village. Developer shall construct and complete the Promenade Mixed -Use Village pursuant to the times set forth in the Schedule of Performance. 6.5 Resort Residential Village. Developer shall construct and complete the Resort Residential Village pursuant to the times set forth in the Schedule of Performance. 6.6 Permanent Golf Clubhouse. Developer shall construct and complete the Permanent Golf Clubhouse pursuant to the times set forth in the Schedule of Performance. 6.7 Permanent Driving Range. Developer shall construct and complete the "Permanent Driving Range" (as that term is defined in Section 11.2 below) pursuant to the times set forth in the Schedule of Performance. 7. Phase 1 C (Golf Course); Phase 1 C (Golf Course) Property. There is hereby established a new Phase, referred to herein as "Phase 1C (Golf Course)." The portion of real property in the SilverRock Resort Area included in Phase 1 C (Golf Course) (the "Phase 1 C (Golf Course) Property") shall be the Planning Area identified on the Site Map as "PA 1" and corresponding Parcels for that PA as identified on the Parcel Map as Parcels 17, 18, 19, and 20, and corresponding acreage in the Schedule of Acreage. City shall convey to Developer, and Developer shall purchase from City, the Phase 1 C (Golf Course) Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject to the following additional provisions: 7.1 Conditions to Conveyance of Phase 1 C (Golf Course) Property. City shall have no obligation to sell or convey the Phase 1 C (Golf Course) Property, and 698/015610-0065 10783457.4 a04/13/17 5 133 Developer shall have no right to purchase or acquire, the Phase 1 C (Golf Course) Property unless and until the following conditions are met: (a) the Phase 1A Closing and Phase 1 B Closing shall have occurred; (b) the Covenant Affecting Real Property (Golf Course Use) has been recorded, with priority over all secured financing interests (such as deeds of trust or mortgages) in the Recorder's Office, and all other terms and conditions in that covenant have been complied with; (c) City has approved a Golf Course manager, and contract for such management of the Golf Course, which manager shall be first-class and capable of managing the maintenance and operations of the Golf Course pursuant to the Covenant Affecting Real Property (Golf Course Use) and the level of service provided by the City's contracted -for operator of the Golf Course prior to any conveyance of the Phase 1 C (Golf Course) Property; (d) the construction of the following Project Components is completed as evidenced by a Release of Construction Covenants, and are open and available for use by the general public: (i) the Golf Course Realignment (completed) and Golf Course (open for public use), (ii) the Permanent Golf Clubhouse, and (iii) the "Permanent Driving Range" (as that term is defined in Section 11.2 below); (e) vertical construction of both the Luxury Hotel and Lifestyle Hotel has commenced; and (f) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1 C and the Phase 1 C Property shall have been satisfied, or waived by City. 7.2 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1 C (Golf Course) Property is on or about November 1, 2019. 7.3 Land Use Covenant for Golf Course. Any grant deed conveying the Phase 1 C (Golf Course) Property shall include, in addition to anti -discrimination covenants required under the PSDA, the land use restrictions set forth in the Covenant Affecting Real Property (Golf Course Use), which require the use of the Phase 1 C (Golf Course) Property to be used in perpetuity as the Golf Course with accompanying maintenance yard. The Phase 1 C (Golf Course) Property similarly shall be subject to the Covenant Affecting Real Property (Golf Course Use), which shall also serve as a restrictive covenant affecting the land in perpetuity. 8. Phase 1 D (Ahmanson Ranch House); Phase 1 D (Ahmanson Ranch House) Property. There is hereby established a new Phase, referred to herein as "Phase 1 D (Ahmanson Ranch House)." The portion of real property in the SilverRock Resort Area included in Phase 1 D (Ahmanson Ranch House) (the "Phase 1 D (Ahmanson Ranch House) Property") shall be the Planning Area identified on the Site Map as "PA 1" and the corresponding Parcel for that PA as identified on the Parcel Map as Parcel 2, and corresponding acreage in the Schedule of Acreage. City shall convey to Developer, and Developer shall purchase from City, the Phase 1 D (Ahmanson Ranch House) Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject to the following additional provisions: 8.1 Conditions to Conveyance of Phase 1 D (Ahmanson Ranch House) Property. City shall have no obligation to sell or convey the Phase 1 D (Ahmanson 698/015610-0065 10783457.4 a04/13/17 6 134 Ranch House) Property, and Developer shall have no right to purchase or acquire, the Phase 1 D (Ahmanson Ranch House) Property unless and until the following conditions are met: (a) the Phase 1A and Phase 1B Closing have occurred; (b) the Golf Course Realignment shall have been completed; (c) the Covenant Affecting Real Property (Ahmanson Ranch House) has been recorded, with priority over all secured financing interests (such as deeds of trust or mortgages) in the Recorder's Office, and all other terms and conditions in that covenant have been complied with; (d) City has approved a facilities manager, and contract for such management of the Ahmanson Ranch House, which manager shall be first-class and capable of managing the maintenance and operations of the Ahmanson Ranch House pursuant to the Covenant Affecting Real Property (Ahmanson Ranch House) and the level of service provided by the City's contracted -for operator prior to any conveyance of the Phase 1 D (Ahmanson Ranch House) Property; (e) the financing for the construction/rehabilitation of the Ahmanson Ranch House Component has closed, with such financing reviewed and approved by the City in the same manner as provided for the review of financing of Project Components in Section 311.1 of the PSDA; (f) City has reviewed and approved the construction contract and contractor for the construction/rehabilitation work to be completed for the Ahmanson Ranch House Component; (g) any and all permits, including Site Development Permits, have been issued by the City for the construction, use and operation of the Phase 1 D (Ahmanson Ranch House) Property as a restaurant and banquet facility; (h) the financing for the construction of the Luxury Hotel and Lifestyle Hotel has closed, with such financing reviewed and approved by City pursuant to Section 311.1 of the PSDA; and (i) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1 D (Ahmanson Ranch House) and the Phase 1 D (Ahmanson Ranch House) Property shall have been satisfied, or waived by City. 8.2 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1 D (Ahmanson Ranch House) Property is on or about April 1, 2018. 8.3 Land Use Covenant for Ahmanson Ranch House. Any grant deed conveying the Phase 1 D (Ahmanson Ranch House) Property shall include, in addition to anti -discrimination covenants required under the PSDA, the land use restrictions set forth in the Covenant Affecting Real Property (Ahmanson Ranch House), which require the use of the property as a restaurant and banquet facility, preserving the historic nature and structure of the Ahmanson Ranch House, in perpetuity. The Phase 1 D (Ahmanson Ranch House) Property similarly shall be subject to the Covenant Affecting Real Property (Ahmanson Ranch House), which shall also serve as a restrictive covenant affecting the land in perpetuity. 8.4 Phase 1 E (Perimeter Landscaping and Trails); Phase 1 E (Perimeter Landscaping and Trails) Property. There is hereby established a new Phase, referred to herein as "Phase 1 E (Perimeter Landscaping and Trails)." The portion of real property in the SilverRock Resort Area included in Phase 1 E (Perimeter Landscaping and Trails) (the "Phase 1 E (Perimeter Landscaping and Trails) Property") shall be along the perimeters of the Planning Areas and Parcels that are adjacent to Avenue 52, 698/015610-0065 10783457.4 a04/13/17 7 135 Jefferson Street, and Avenue 54. The Phase 1 E (Perimeter Landscaping and Trails) Property comprises a portion of the "Future Resort Property" (as that term is defined in Section 9 below), and is or will be encumbered by the Covenant Affecting Real Property (Golf Course Use). In the event Developer desires to construct and/or install landscaping improvements within the Phase 1 E (Perimeter Landscaping and Trails) Property prior to the time Developer exercises "Developer's Future Resort Option" (as that term is defined in Section 9 below), Developer shall be required to acquire fee title to the Phase 1 E (Perimeter Landscaping and Trails) Property. City shall convey to Developer, and Developer shall purchase from City, the Phase 1 E (Perimeter Landscaping and Trails) Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject the additional provisions set forth below in this Section 9. Prior to such conveyance, City and Developer shall cooperate to create the Phase 1 E (Perimeter Landscaping and Trails) Property as separate legal parcels. 8.5 Conditions to Conveyance of Phase 1 E (Perimeter Landscaping and Trails) Property. City shall have no obligation to sell or convey the Phase 1 E (Perimeter Landscaping and Trails) Property, and Developer shall have no right to purchase or acquire, the Phase 1 E (Perimeter Landscaping and Trails) Property unless and until the following conditions are met: (a) the Phase 1A Closing and Phase 1 B Closing have occurred; (b) Developer has provided and complied with City's approval of financing for the Master Site Infrastructure Improvements (as described in Sections 205.1(h) and 211 of the PSDA) for any Master Site Infrastructure Improvements remaining to be constructed/completed, (c) the Covenant Affecting Real Property (Perimeter Landscaping and Trails) has been recorded, with priority over all secured financing interests (such as deeds of trust or mortgages) in the Recorder's Office, and all other terms and conditions in that covenant have been complied with; (d) City has approved the landscaping and trails design and construction plans as provided in this Amendment No. 2 (below); (e) the financing for the construction of both the Luxury Hotel and Lifestyle Hotel has closed, with such financing reviewed and approved by the City in the same manner as provided for the review of financing of Project Components in Section 311.1 of the PSDA; (f) City has reviewed and approved the construction contract and contractor for the construction/rehabilitation work to be completed for the perimeter landscaping and trails; and (g) any and all permits, including Site Development Permits, have been issued by the City for the construction, use and operation of the Phase 1 E (Perimeter Landscaping and Trails) Property for landscaping and public trail -way purposes. 8.6 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1 E (Perimeter Landscaping and Trails) Property is on or after April 1, 2018. 8.7 Land Use Covenant for Perimeter Landscaping and Trail -Ways. Any grant deed conveying the Phase 1 E (Perimeter Landscaping and Trails) Property shall include, in addition to anti -discrimination covenants required under the PSDA, the land use restrictions set forth in the Covenant Affecting Real Property (Perimeter Landscaping and Trails), which require the use of the property for landscaping and 698/015610-0065 10783457.4 a04/13/17 8 136 public trail -way purposes, in perpetuity. The Phase 1 E (Perimeter Landscaping and Trails) Property similarly shall be subject to the Covenant Affecting Real Property (Perimeter Landscaping and Trails), which shall also serve as a restrictive covenant affecting the land in perpetuity. 8.8 Developer Obligation to Install and Maintain Perimeter Landscaping and Trails. Upon the conveyance of the Phase 1 E (Perimeter Landscaping and Trails) Property to Developer, Developer shall complete the installation of the Perimeter Landscaping and Trails prior to or concurrently with the completion of the construction and improvements for those Planning Areas and Parcels that are adjacent to the portion of the Phase 1 E (Perimeter Landscaping and Trails) Property; provided, however, that public trail -ways shall be completed so that public safety is maintained and only pursuant to permits and entitlements issued by the City. Once Developer has installed the Perimeter Landscaping and Trails, Developer shall have the obligation to maintain the Perimeter Landscaping and Trails pursuant to the Covenant Affecting Real Property (Perimeter Landscaping and Trails) and City municipal codes generally applicable to such landscaping and trail -ways. 9. Developer Purchase Option; Future Resort Property. Subject to the terms and conditions in this Amendment No. 2, Developer shall have an option to purchase the portion of real property referred to herein as the "Future Resort Property" and identified on the Site Map as "PA 10A-2," "PA 10A-3," "PA 10B-1," "PA 1013-2," "PA 1013- 3," "PA 1013-4," "PA 1013-5," and "PA 1013-6," and corresponding Parcels for those Planning Areas as identified on the Parcel Map as Parcels 13, 14, 15, and 16, and corresponding acreage in the Schedule of Acreage (noted in the Schedule of Acreage as "phase 2 option") ("Developer's Future Resort Option:). 9.1 Grant of Option; Term for Exercising and Expiration. Developer shall have no option or right to purchase the Future Resort Property unless and until construction of each of the Luxury Hotel, Lifestyle Hotel, and Permanent Golf Clubhouse has been completed, as evidenced by City's issuance of certificates of occupancy for each of the Luxury Hotel, Lifestyle Hotel, and Permanent Golf Clubhouse, and each of the Luxury Hotel, Lifestyle Hotel, and Permanent Golf Clubhouse has been opened for business to the general public. The date upon which all of the foregoing conditions are met shall be the "Developer Option Trigger Date." Developer shall have one (1) year from the Developer Option Trigger Date (the "Developer Option Exercise Deadline") to exercise Developer's Future Resort Option, unless the City grants, in its sole and absolute discretion, an extension for Developer to exercise Developer's Future Resort Option. Developer may exercise Developer's Future Resort Option only if Developer is not in default of the PSDA or this Amendment No. 2 (which includes but is not limited to no default by failing to timely complete an item of performance in the Schedule of Performance) and only by delivering to the City Manager prior to the Developer Option Exercise Deadline written notice, pursuant to the PSDA noticing provisions, that Developer will exercise Developer's Future Resort Option. If Developer fails to timely exercise the option, City shall have no obligation to sell or convey the Future Resort Property to Developer pursuant to the terms and conditions in this Amendment No. 2, and City shall have the right to retain all right, title and interest in the Future Resort 698/015610-0065 10783457.4 a04/13/17 9 137 Property and/or dispose of all or portion of said property for any purpose consistent with the Specific Plan, as it may be amended from time to time. 9.2 Purchase and Sale Provisions. If Developer timely and effectively exercises Developer's Future Resort Option pursuant to this Amendment No. 2, then City shall convey to Developer, and Developer shall purchase from City, the Future Resort Property pursuant to all of the terms, conditions, and covenants in Article 200 [Conveyance of the Property] in the Original PSDA, and subject to the following additional provisions: (a) the disposition of the Future Resort Property will be treated as a new "Phase," referred to herein as the "Future Resort Property Phase" and the corresponding new "Project Component" to be integrated for the Future Resort Property shall be referred to herein as the "Future Resort" (as that term is defined in Section 9.3 below); (b) the "Purchase Price" for the Future Resort Property shall be no less than the same purchase price for each Planning Area as set forth in the PSDA, plus an amount, if any, that equals the amount the City may retain as a "private payment" under the "private payment test" for preservation of tax-exempt status for certain tax-exempt bonds issued and governed by Internal Revenue Code section 141 and implementing regulations, a portion of the proceeds of which were used to acquire the Property ; (c) the closing date for the Escrow shall be no later than sixty (60) days after the opening date of the escrow, unless the City Manager authorizes a longer escrow period, which shall be based on whether land use and development permits and approvals are pending for the development of the "Future Resort" (as that term is defined in Section 9.3 below); (d) Developer has obtained City's approval of the financing for the Future Resort to be constructed on the Future Resort Property (as described in Section 311.1 of the PSDA); (e) any and all permits, including Site Development Permits, have been issued by the City for the construction and completion of the Future Resort to be constructed and completed on the Future Resort Property; and (f) Developer is not in default of the PSDA and this Amendment No. 2 (which includes but is not limited to no default by failing to complete an item of performance in the Schedule of Performance). 9.3 Future Resort Development & Land Use Covenant. The Future Resort Property shall be developed and used for a golf course of no less than nine (9) holes and of the same or better caliber as the Golf Course pursuant to any and all permits and entitlements reviewed and approved by the City (the "Future Resort"). The Covenant Affecting Real Property (Golf Course Use)) for the Future Resort will be recorded against the Future Resort Property, and will bind the Future Resort Property until such time as the "Future Golf Covenant" (as that term is defined below in this Section 9.3) has been recorded in the Recorder's Office. Notwithstanding any provisions in this Amendment No. 2 to the contrary, prior to or concurrently with any conveyance of any right, title, or interest in the Future Resort Property by the City to Developer or any other person or entity, an amendment to the Covenant Affecting Real Property (Golf Course Use) or similar document (the "Future Golf Covenant") shall be executed and recorded in the Recorder's Office, with priority over any secured interest in property (such as a deed of trust or mortgage), and such land use covenant shall, in addition to other provisions mutually agreed to by City and Developer, (i) release from the Covenant Affecting Real Property (Golf Course Use) the portions of the Future Resort Property that will not be developed with any of the future golf course, driving range, or other 698/015610-0065 10783457.4 a04/13/17 10 138 ancillary golf course operations, and (ii) grants the same or similar privileges to holders of "Resident Access Cards" (as that term is defined in the Covenant Affecting Real Property (Golf Course Use)) for the future golf course. Developer and City shall negotiate in good faith to effectuate the requirements of this section. 9.4 Additional Terms and Conditions for the Conveyance of the Future Resort Property. Developer and City may negotiate and agree to additional terms and conditions for the conveyance of the Future Resort Property, not inconsistent with the PSDA and this Amendment No. 2, if Developer timely and effectively exercises Developer's Future Resort Option. 10. Performance of and Completion of Golf Course Realignment. 10.1 Performance of Golf Course Realignment. Developer shall perform and complete the Golf Course Realignment in accordance with the Schedule of Performance, the PSDA and this Amendment No. 2, and any and all design approvals, permits and entitlements issued to Developer in furtherance of the Golf Course Realignment. Developer may not commence the Golf Course Realignment until all of the following additional conditions have been satisfied, or waived by the City: (a) City Approval of Plans and Permits. Developer shall have obtained approval from City, acting in its governmental capacity, of Developer's plans for the Golf Course Realignment, and Developer shall have obtained all permits and approvals required by City and any other governmental entity with jurisdiction over the Golf Course and/or the Golf Course Realignment, to enter upon the Golf Course and any other real property not then -owned by Developer over which Developer will need access in order to perform the Golf Course Realignment, and perform the Golf Course Realignment, including, without limitation, an entry permit. With respect to City approval of plans and issuance of permits, City agrees to review and respond to any submittals by Developer pursuant to this Amendment No. 2 within three (3) Business Days after receipt thereof. (b) Opening of Phase 1A Escrow; Deposit and Disbursement of Golf Course Realignment Funds. City and Developer shall have opened an escrow with Escrow Agent for City's conveyance of the Phase 1A Property to Developer (the "Phase 1A Escrow") and Developer shall have deposited into the Phase 1A Escrow the cost set forth in the "Golf Course Realignment Budget" (as that term is defined below in this Section 10.1(b) to complete the Golf Course Realignment (the "Golf Course Realignment Funds" ), and City, Developer, and Escrow Agent shall enter into a disbursement agreement (the "Golf Course Realignment Funds Disbursement Agreement") that provides for Escrow Agent to release portions of the Golf Course Realignment Funds to contractors performing portions of the Golf Course Realignment work upon (i) Developer's submittal to City and City's approval of invoices, conditional lien releases, and any other supporting documentation reasonably required by City that evidences Developer's completion of the work and the cost thereof, and (ii) City's determination that (A) the Golf Course Realignment work for which disbursement 698/015610-0065 10783457.4 a04/13/17 11 139 is requested has been satisfactorily performed, and (B) the amount requested by Developer for such Golf Course Realignment work does not exceed the amount for such Golf Course Realignment work as set forth in a budget approved by City and Developer for the completion of the Golf Course Realignment (the "Golf Course Realignment Budget"); provided, however, that if funds remain in the "contingency" line of the Golf Course Realignment Budget, such funds, or such funds as may be necessary to cover the cost of the portion of the Golf Course Realignment work for which a disbursement is requested, may be reallocated to such costs. The Golf Course Realignment Funds Disbursement Agreement shall further provide that all Golf Course Realignment Funds remaining in the Phase 1A Escrow shall be released to Developer upon (a) Developer's satisfactory completion of the Golf Course Realignment, as evidenced by City acceptance of the same, and (b) the lapse of any time period during which a lien could be filed by a contractor performing any portion of the Golf Course Realignment. (c) Construction Contract for Golf Course Realignment. Developer shall have submitted to City for review by City a copy of Developer's construction contract(s) for the Golf Course Realignment. (d) Right of Entry. Solely for the purpose of the construction and completion of the Golf Course Realignment, Developer shall have obtained a right of entry to enter onto Parcels 16, 18, and 19, subject to (i) any and all permits issued for the Golf Course Realignment, (ii) Developer complying with the minimum insurance coverage requirements as set forth in the PSDA, and (iii) Developer indemnifying, defending, and holding harmless City and its officials, officers, employees and agents for any claims or damages arising from Developer's work in connection with the Golf Course Realignment. 10.2 Temporary Driving Range and Permanent Driving Range. As part of the Golf Course Realignment, Developer shall construct and complete a "Temporary Driving Range" that shall serve as a temporary area for practicing as a golf driving range, pursuant to the plans and permits reviewed and approved by the City. Developer shall also construct and complete a "Permanent Driving Range" as part of the Project Components that must be completed for the Phase 1A Property and Phase 1 B Property, and the Permanent Driving Range shall be completed and open to the public no later than the completion of the Permanent Golf Clubhouse, which shall be completed pursuant to the Schedule of Performance. The portion of the Property on which City and Developer contemplate the Permanent Driving Range (the "Permanent Driving Range Property") will be constructed comprises a portion of the Future Resort Property. Prior to Developer's completion of the Permanent Driving Range, City and Developer shall cooperate to create the Permanent Driving Range Property as a separate legal parcel. 10.3 Developer's Failure to Timely Complete Golf Course Realignment. If Developer fails to complete the Golf Course Realignment by the time set forth in the Schedule of Performance, Developer shall be required to reimburse City for all revenue City would have received had the Golf Course Realignment been timely completed. In 698/015610-0065 10783457.4 a04/13/17 12 140 determining such amount, City shall utilize City's golf play records from the same time period in 2016, with the amount adjusted to reflect the average increase in play during that same time period over the last three (3) years, and further adjusted to take into account any price adjustments that have occurred since the same time period in 2016. In addition, if Developer fails to complete the Golf Course Realignment, City shall have the right to exercise its rights under the Phase IA Option Agreement. City shall have any and all other rights and remedies available under the PSDA and at law or in equity if Developer fails to complete the Golf Course Realignment. 11. City Public Park. City shall have the right to retain or shall have the right to have Developer dedicate the approximately 22 acres identified in Planning Area 11 as a public park for use and enjoyment by the general public (the "City Public Park"). Developer shall cooperate with City to enter into any implementing agreement or other documents, including recorded instruments, to facilitate the use of the City Public Park acreage as a public park. 12. Luxury Hotel Fence. In clarification of the terms and conditions in Section 208 of the PSDA regarding the Luxury Hotel Fence, in the event Developer acquires the Phase 1 C (Golf Course) Property, and a permanent fence as required under Mitigation Measures related to the protection of Bighorn Sheep set forth in that certain Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-435 (State Clearinghouse No. 1999081020) (the "Big Horn Sheep Mitigation Measure") is required to be built at the toe of the slope of the mountains on Parcel 3 or Parcel 4 (as shown in the Parcel Map) (the "Big Horn Sheep Fence"), City and Developer shall in good faith negotiate the terms of an agreement (the "Big Horn Sheep Fence Agreement") that requires Developer to (i) construct or cause the completion of the construction of the Big Horn Sheep Fence, with the costs thereof, other than the proportionate costs Developer incurs for the portion of the Big Horn Sheep Fence that was contemplated as the Luxury Hotel Fence pursuant to the PSDA, to be initially funded by City pursuant to a disbursement process that provides for disbursements to be tied to a City -approved budget, and (ii) pay to City, for purposes of reimbursing City for some or all of the costs City incurs pursuant to the Big Horn Sheep Agreement, all net revenue Developer receives from operating the Golf Course during the first five (5) years in which Developer owns the Golf Course, after deduction of a return on Developer's investment of eleven percent (11%). The financial provisions in the Big Horn Sheep Agreement shall be modeled generally after the financial provisions in the form of Agreement to Share Transient Occupancy Tax Revenue attached to the PSDA. Nothing in this Amendment No. 2 does or shall be construed as releasing or relieving compliance with Mitigation Measures related to the protection of Bighorn Sheep set forth in that certain Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2002-435 (State Clearinghouse No. 1999081020). Notwithstanding the foregoing, however, nothing in this Section 12 is intended to relieve Developer of Developer's obligation under the PSDA to construct, at Developer's sole cost, the Luxury Hotel Fence, or the portion of the Big Horn Sheep Fence that is comprised of the Luxury Hotel Fence, if required by the Big Horn Sheep Mitigation Measures. 698/015610-0065 10783457.4 a04/13/17 13 141 13. Temporary Golf Clubhouse and Permanent Golf Clubhouse. In addition to the provisions in this Amendment No. 2, with the exception of Section 317 of the PSDA, which is hereby deleted, the provisions in Section 315 and elsewhere in the PSDA, remain applicable to the temporary clubhouse and Permanent Golf Clubhouse. City and Developer acknowledge and agree that the Permanent Golf Clubhouse will be located on the Phase 1 B Property, and will be transferred to Developer as part of Phase 1B. 14. Ahmanson Ranch House Amendments. The first sentence is Section 319 of the PSDA, which reads "The Ahmanson Ranch House shall remain owned in fee by City" is hereby deleted, and the terms and conditions concerning the ownership of the Ahmanson Ranch House as part of the Phase 1 D (Ahmanson Ranch House) Property in this Amendment No. 2 shall govern. Furthermore, clause (iii) from Section 319 of the PSDA is hereby deleted, which clause reads in its entirety: "(iii) City and Developer shall diligently negotiate the terms on which City will repay Developer for the costs Developer incurs in developing the Ahmanson Ranch House, with such costs not to exceed the amount set forth in said City -approved development budget; provided, however, that City shall complete said repayment within a reasonable time, not to exceed thirty (30) years, and shall be required to pay interest on the outstanding sum, on commercially reasonable terms". 15. MISCELLANEOUS. 15.1 PSDA in Full Force and Effect. Except as otherwise expressly provided in this Amendment No. 2, all of the covenants, terms and conditions of the PSDA (including the GENERAL PROVISIONS in Article 600, as modified in Amendment No. 1) shall remain in full force and effect. 15.2 Governing Law. This Amendment No. 2 and the PSDA shall be governed by the internal laws of the State of California, without regard to conflict of law principles, and any question arising hereunder shall be construed or determined according to such law. The Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Amendment No. 2 or PSDA. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 15.3 Interpretation. The PSDA, as amended by this Amendment No. 2 shall be read and interpreted in a comprehensive, integrated manner, and in a manner that best implements the provisions of this Amendment No. 2. In the event the terms of this Amendment No. 2 result in ambiguity, the parties will meet and confer to attempt to resolve the ambiguity, each in their reasonable discretion. 15.4 Time is of Essence. Time is of the essence of this Amendment No. 2 and of each and every term and provision hereof. 698/015610-0065 10783457.4 a04/13/17 14 142 15.5 City Approvals and Actions. City shall maintain authority over and implementation of this Amendment No. 2 pursuant to Section 605 of the PSDA. 15.6 Representations. The person(s) executing this Amendment No. 2 on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2 such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which such party is bound. 15.7 Counterparts. This Amendment No. 2 may be executed in counterparts, each of which, when this Amendment No. 2 has been signed by all of the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. [End of Amendment No. 2 — Signature page follows] 698/015610-0065 10783457.4 a04/13/17 15 143 IN WITNESS WHEREOF, City and Developer have executed this Amendment No. 2 as of the date set forth above. Date: 2017 "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: RGC La Quinta II, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager Date: , 2017 By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer 698/015610-0065 10783457.4 a04/13/17 [Signatures continued to next page] 16 144 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Date: 12017 By: Frank J. Spevacek Its: City Manager ATTEST: Susan Maysels, City_Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP William H. Ihrke, City Attorney 698/015610-0065 10783457.4 a04/13/17 17 145 698/015610-0065 10783457.4 a04/13/17 146 � ` b q��o. ©�'l `Fjfj it m1 jai 698/015610-0065 10783457.4 a04/13/17 147 EXHIBIT "C" LEGAL DESCRIPTIONS OF PARCELS [To be inserted] 698/015610-0065 10783457.4 a04/13/17 148 parcel# description planningarea acreage 1 luxury residential pa 3 13.9 2 ahman5on ranch house 0.6 3 spa site pa 2 1.9 4 luxury hotel pa 2 16.4 5 luxury hotel parking pa 2 3.3 6 conferenceand shared servkefacility pa 9.1 7 lifestyle hotel pa 5 11.4 8 clubhouse pa los-1 7.0 9 lifestyle residential pa 6 10.3 10 promenade mixed use village area 2 pa 9 13.5 21 promenade mixed use village area 1 pa 7 15.5 12 resort residential village pa 8 22.0 13 future golf/residential pa lob 67.8 14 future golf/residential pa lob 37.8 15 future golf/residential pa 10a 30.5 16 Ifuture golf/residential/public park pe loa 77.1 a,b,c silverrcck way 6.4 d street "a" 2.2 e ahmanson lane 1.6 f-g landscape lots 1 0.8 17-19 arnold palmer course pa 1 168.5 20 golf maintenance yard 3.7 5213 698/015610-0065 10783457.4 a04/13/17 phase l a phase 1 h golf ahamson perimeter phase 2 landscape' option 44 61 84.2 272.21 061 191.2 128.76 30057 301,52 301.52 492.71 city, park sr way 26,4 - perimeter landscape area is included in phase 2 option land 149 SCHEDULE OF PERFORMANCE Item of Performance Start Completion* TRANSACTIONAL AGREEMENTS Execution of PSDA, TOT Sharing Agreements, N/A Complete and TOT Covenant Agreements Open Phase 1 Escrow N/A Complete PRE -DEVELOPMENT Land & Site Planning - Prepare, submit to City for approval, and N/A Complete obtain City's approval of, plans for Golf Course Realignment - Master site design N/A Complete Planning & Entitlements - Preliminary Engineering & Mapping N/A Complete - Site development plans N/A PA (2,3,4,5,6,and 10A): complete, PA (7,8,and 9): 10/4/19 - Prepare, submit to City for approval, and N/A 15 days prior obtain City's approval of, Master Site Phase 1 a Closing Infrastructure Improvements or Phase 1b Design/Construction Development Closing Drawings (relevant to particular closing) Conditions to Closing - Submit to City for approval and obtain 3 months prior to 15 Business City's approval of, evidence of financing anticipated Phase Days prior to for Master Site Infrastructure 1a Closing or anticipated Improvements (relevant to particular Phase 1 b Closing Phase 1 a Closing closing) or Phase 1 b Closing - All of Developer's Conditions Precedent N/A 15 Business to the Closing and City's Conditions Days prior to Precedent to the Closing have been anticipated satisfied, or waived by the appropriate Phase 1 a Closing pay or Phase 1 b Closing 698/015610-0065 10783457.4 a04/13/17 150 Item of Performance Start Completion* CONSTRUCTION AND INSTALLATION OF MASTER SITE IMPROVEMENTS PHASE 1 a Phase 1a Closing (PA 2, PA 3, and PA 4) N/A 5/1/17 Install construction fencing around Luxury Hotel N/A Prior to mass site as required to separate golf play grading Construct Golf Course Realignment 5/1/17 11/1/17 PHASE lb Phase 1b Closing (PA 5, 6, 7, 8, 9, and portion N/A 11/1/17 of PA 10A for Permanent Golf Clubhouse, parking, and hiking, biking, and/or walking trails)) CONSTRUCTION OF PROJECT COMPONENTS Prepare, submit to City for approval, and obtain 6 months prior to Prior to start of City's approval of, Project Component anticipated start of construction of Design/Construction Development Drawings construction of applicable applicable Project Project Component Component Developer satisfies all conditions to develop set N/A Prior to start of forth in Section 304 of Agreement construction of applicable Project Component Luxury Hotel 4/4/18 10/4/19 (PA 2) Luxury Branded Residential Development 10/8/18 4 years after (PA 3) start. Project Component ** considered complete when 70% of units are complete. Conference and Shared Services Facility 4/4/18 10/4/19 PA 4 Lifestyle Hotel 4/4/18 10/4/19 (PA 5) 698/015610-0065 10783457.4 a04/13/17 151 Item of Performance Start Completion* Lifestyle Branded Residential Development 10/8/18 4 years after (PA 6) start. Project Component ** considered complete when 70% of units are complete. Promenade Mixed -Use Village 18 months 5 years after (PA 7) following start. completion of Project Luxury Hotel. Component ** considered complete when 70% of units are complete. Resort Residential Village 18 months 5 years after (PA 8) following start. completion of Project Luxury Hotel. Component ** considered complete when 70% of units are complete. Permanent Golf Clubhouse 4/4/18 10/4/19 PA 10A *Completion dates or timeframes listed in this table are the outside dates permissible under this Agreement. ** The Agreement provides up to a 3 year extension if certain adverse market conditions occur. 698/015610-0065 10783457.4 a04/13/17 152 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) BY AND BETWEEN THE CITY OF LA QUINTA AND SILVERROCK DEVELOPMENT COMPANY, LLC 698/015610-0065 10768446.6 a04/13/17 153 TABLE OF CONTENTS Paqe COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) ......................................... 1 RECITALS AGREEMENT ................................................ ...................................................................... 1 ............................................................................ 2 1. GENERAL PROVISIONS......................................................................................................... 2 1.1 Definitions............................................................................................................2 1.2 Effective Date......................................................................................................5 1.3 Amendment or Cancellation by Mutual Consent...........................................5 1.4 Covenants Run With the Land; Expressed Condition of Golf Course Use in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re-Entry..........................................................................................5 1.5 Recording and Priority of Covenant................................................................6 1.6 Covenant Parcels Free of Mechanic's Liens.................................................7 2. USE GOLF COURSE AND ANCILLARY ACCESS AND MAINTENANCE ...................... 7 2.1 Golf Course Parcels...........................................................................................7 2.2 Golf Course Access/Operations Parcels........................................................ 8 2.3 Luxury Hotel Parcel............................................................................................8 2.4 Dedications and Improvements.......................................................................9 3. RESIDENT ACCESS AND USE OF THE GOLF COURSE................................................9 3.1 Resident Access Cards for Qualifying Persons............................................9 3.2 Terms and Conditions of Use; Revocable License.......................................9 3.3 Obligation to Honor Valid Resident Access Cards.....................................10 3.4 Minimum Privileges Granted to Valid Resident Access Card Holders...............................................................................................................10 3.5 Collection and Receipt of Resident Rate Charges.....................................12 3.6 Additional Privileges Permissible to Resident Access Card Holders ....... 12 4. DEFAULT AND REMEDIES................................................................................................... 12 4.1 City Rights.........................................................................................................12 4.2 Notice and Cure of Default.............................................................................13 5. MISCELLANEOUS...................................................................................................................13 5.1 Notices, Demands and Communications Between the Parties ................13 5.2 Force Majeure...................................................................................................14 5.3 Binding Effect....................................................................................................14 5.4 Third Party Beneficiaries.................................................................................14 5.5 Non -liability of City Officers and Employees................................................15 5.6 Covenant Against Discrimination...................................................................15 5.7 Attorney's Fees and Costs for Prevailing Party...........................................15 5.8 Severability........................................................................................................15 5.9 Time....................................................................................................................15 698/015610-0065 10768446.6 a04/13/17 -i- 154 TABLE OF CONTENTS Paqe 5.10 Recitals & Exhibits Incorporated....................................................................15 5.11 Authority to Execute; Representations and Warranties .............................16 5.12 City Approvals and Actions.............................................................................16 5.13 Governing Law..................................................................................................16 5.14 Counterpart Signature Pages.........................................................................16 LIST OF EXHIBITS A Site Plan of SilverRock Resort Area B Parcel Map No. 37207 C Covenant Parcels Legal Descriptions D Tee Time Block Schedule Example 698/015610-0065 10768446.6 a04/13/17 155 COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) This COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) (the "Covenant") is entered into as of the day of , 2017 (the "Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. City owns fee title to that certain real property located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein (the "SilverRock Resort Area"). City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas" (as that term is defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City those specified "Planning Areas" to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the PSDA as the "Project Components." B. City and Developer entered into that certain Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1") and Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 ("PSDA Amendment No. 2"), to, among other things, update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1 and No. 2, and any other amendments thereto, is hereinafter referred to as the "PSDA." C. The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among other land use governing documents, permits, and entitlements, are centered around the existing use and enjoyment, by residents, guests of the City, and members of the public, of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course"). D. Pursuant to the PSDA and other City permits and entitlements, Developer is required to complete a realignment of the Golf Course so that the construction, development, use, and operation of all "Project Components" (as that term is defined in the PSDA) may be realized (the "Golf Course Realignment"). E. On April 18, 2017, City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and incorporated herein (the "Parcel Map"), which, in 698/015610-0065 10768446.6 a04/13/17 -1- 156 accordance with the Subdivision Map Act, subdivided the SilverRock Resort Area into the following parcels that constitute the Golf Course, an appurtenant maintenance yard, the future "Permanent Golf Clubhouse" (as that term is defined in the PSDA), a future driving range, and a future golf course: (i) Parcels 3, 17, 18,19, and 20 constitute the Golf Course, and are collectively referred to herein as the "Golf Course Parcels"; (ii) Parcels A, B, C, D, E, F, and G constitute access, operations, and maintenance parcels related to the Golf Course, and are collectively referred to herein as the "Golf Course Access/Operations Parcels"; (iii) Parcel 8 will constitute the Permanent Golf Clubhouse, and is referred to herein as the "Permanent Golf Clubhouse Parcel"; and (iv) portions of Parcels13, 14, 15, and 16 will constitute a future driving range and a future golf course, and are collectively referred to as the "Driving Range/Golf Course Parcels"). Similarly, the Parcel Map subdivided Parcel 4 as the parcel to be the location of the "Luxury Hotel" (as that term is defined in the PSDA) once the Golf Course Realignment is completed, but as of the Effective Date of this Covenant serves as a parcel for the Golf Course (the "Luxury Hotel Parcel"). The Golf Course Parcels, Golf Course Access/Operations Parcels, Permanent Golf Clubhouse Parcel, Driving Range/Golf Course Parcels, and Luxury Hotel Parcel are collectively referred to herein as the "Covenant Parcels" and are more particularly described in the legal descriptions attached hereto as Exhibit "C" and incorporated herein (the "Covenant Parcels Legal Descriptions"). The Covenant Parcels are burdened by this Covenant, serve as the "burdened estate" for purposes of this Covenant, and are subject to its terms and conditions, as more particularly set forth herein. F. This Covenant is being recorded to, among other things, ensure that the Golf Course Parcels are maintained and used solely as a first-class golf course that is open to the public, and that residents of the City retain the same quality and level of access to the Golf Course that they have as of the Effective Date of this Covenant which, generally, is one-third (1/3) of all tee times from the time the Golf Course opens until 1:00- p.m., which is approximately 15,000 rounds of golf, all as more specifically set forth in this Covenant. G. City is the owner in fee of those certain public streets located in the City and known as Avenue 52 and Jefferson Street. The portions of said public streets that are adjacent to the SilverRock Resort Area, as depicted on the Parcel Map, in addition to any and all other real property owned by the City for public use (collectively, the "City-Benefitted Property"), is benefited by this Covenant, and serves as the "benefited estate" for purposes of this Covenant, and the terms and conditions, as more particularly set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 698/015610-0065 10768446.6 a04/13/17 -2- 157 1. GENERAL PROVISIONS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Covenant, the following terms when used in this Covenant shall be defined as follows: 1.1.1 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.2 "City-Benefitted Property" shall have the meaning in Recital G of this Covenant. 1.1.3 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.4 "City Manager" means the individual duly appointed to the position of City Manager of City, or his or her authorized designee. 1.1.5 "Covenant" means this Covenant Affecting Real Property (Golf Course Use). 1.1.6 "Covenant Parcels" shall have the meaning in Recital E of this Covenant. 1.1.7 "Covenant Parcels Legal Descriptions" shall have the meaning in Recital E of this Covenant. 1.1.8 "Daily Resident Rate Cap" shall have the meaning set forth in Section 3.4.2(B) of this Covenant. 1.1.9 "Developer" means SilverRock Development Company, LLC, a Delaware limited liability company, and its successors and assigns. 1.1.10 "Driving Range/Golf Course Parcels" shall have the meaning set forth in Recital E of this Covenant. 1.1.11 "Effective Date" shall have the meaning set forth in Section 1.2 of this Covenant. 1.1.12 "Golf Course" means the SilverRock Resort's Arnold Palmer Classic Course and all operations related thereto, in its current location, as of the Effective Date of this Covenant, subject to reconfiguring and realignment pursuant to the Golf Course Realignment and any other reconfiguring approved by the City from time to time. 1.1.13 "Golf Course Access/Operations Parcels" shall have the meaning in Recital E of this Covenant. 698/015610-0065 10768446.6 a04/13/17 -3- 158 1.1.14 "Golf Course Parcels" shall have the meaning in Recital E of this Covenant. 1.1.15 "Golf Course Realignment" shall have the meaning in Recital D of this Covenant. 1.1.16 "Luxury Hotel Parcel" shall have the meaning in Recital E of this Covenant. 1.1.17 "Original PSDA" shall have the meaning in Recital A of this Covenant. 1.1.18 "Parcel Map" means the parcel map identified in Recital E of this Covenant. 1.1.19 "Parties" means collectively Developer and City, and their respective successors and assigns. Each may be referred to in the singular as a "Party". 1.1.20 "Permanent Golf Clubhouse Parcel" shall have the meaning in Recital E of this Covenant 1.1.21 "Planning Area" means an area designated on the Site Map as a planning area. the PSDA. 1.1.22 "Project Component" shall have the same meaning as defined in 1.1.23 "PSDA" shall have the meaning in Recital B of this Covenant. 1.1.24 "PSDA Amendment No. 1" shall have the meaning in Recital B of this Covenant. 1.1.25 "PSDA Amendment No. 2" shall have the meaning in Recital B of this Covenant. 1.1.26 "Recorder's Office" means the Riverside County, California, Office of Official Records. 1.1.27 "Resident Access Card(s)" means cards issued by the City to qualifying persons, based on establishing a residence in the City among other criteria as the City may establish from time to time, that grant such cardholders preferred rates of play and scheduling of tee times at the Golf Course. 1.1.28 "Resident Base Rate" means the rate charged to a holder of a valid Resident Access Card for each round of golf played at the Golf Course as either (i) the rate set by the City Council for so long as the City owns the Golf Course Parcels, or (ii) the rate set by the City Council as of the date of the conveyance of any right, title 698/015610-0065 10768446.6 a04/13/17 0 159 or interest in the Golf Course Parcels to Developer or any other third party that is not the City or City -affiliated agency. 1.1.29 "Resident Rate" means the rate charged to each holder of a valid Resident Access Card for each round of golf played at the Golf Course, as further governed under Section 3.4.2 of this Covenant. 1.1.30 "Resident Rate Annual Percentage Increase" shall have the meaning set forth in Section 3.4.2(C) of this Covenant. 1.1.31 "Resident Rate Ten -Year Adjustment" shall have the meaning set forth in Section 3.4.2(D) of this Covenant 1.1.32 "RGC" means The Robert Green Company, a California corporation. 1.1.33 "SilverRock Resort Area" has the same meaning in the PSDA, which refers to the approximately 525 acres of real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253, depicted in the Site Map attached hereto as Exhibit "A". 1.1.34 "Site Map" means the map of the SilverRock Resort Area, which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Site Map depicts twelve (12) proposed planning areas within the real property covered by the Specific Plan, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10A,1013, 11, and 12. 1.1.35 "Specific Plan" means the SilverRock Resort Specific Plan, approved by the City Council of City on July 18, 2006, as may be amended from time to time. 1.1.36 "Tee Time Block Schedule Example" shall have the meaning in Section 3.4.1 of this Covenant, and as depicted in Exhibit "D" attached hereto. 1.2 Effective Date. This Covenant shall be effective and of full force and effect upon complete execution by the Parties, which shall be inserted in the preamble, and shall be perfected as binding against any and all owners of the Covenant Parcels upon recording in the Recorder's Office. 1.3 Amendment or Cancellation by Mutual Consent. Except as expressly allowed herein, this Covenant shall not be amended or canceled in whole or in part without the prior written consent of the City, and, except when the City Manager may amend this Covenant as expressly allowed herein, any cancellation or amendment of this Covenant shall require the approval of the City Council by not less than a majority vote of the total membership. 698/015610-0065 10768446.6 a04/13/17 -5- 160 1.4 Covenants Run With the Land; Expressed Condition of Golf Course Use in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re -Entry. In any grant deed or other instrument conveying any right, title, or interest in any or all of the Covenant Parcels (or portion thereof) from the grantor (including the City) to the grantee (including Developer), words shall be included in such grant deed or other instrument signifying that such right, title, or interest, and any such estate created by such conveyance, shall be subject to the terms and conditions of this Covenant. Furthermore, such grant deed or other instrument shall expressly condition that the City, and its heirs and assigns, shall have a right or reverter and/or right to re-enter any or all Covenant Parcels upon their ceasing to be used for a golf course pursuant to the terms and conditions of this Covenant. This Covenant is intended to be and shall be construed as a restrictive covenant that limits, restricts, and burdens the use of the Covenant Parcels. The City, as owner in fee of the Covenant Parcels, hereby declares that this Covenant, and the covenants, conditions, and restrictions of use on the Covenant Parcels as set forth herein, is intended to and shall run with the land in perpetuity, and each and every successor of the City that has any ownership interest or right of ownership interest in the Covenant Parcels (or portions thereof), including Developer, shall be subject to this Covenant, which is intended to be and shall be construed as placing a reasonable burden on the use of the Covenant Parcels, which, among other provisions, were developed for use and enjoyment as the Golf Course and subject to use restrictions based on the funding source for the development of the Golf Course. To the maximum extent permitted by law, this Covenant shall be construed as an expressed, valid, and enforceable deed restriction, restrictive covenant, or other similarly described encumbrance that runs with the Covenant Parcels. This Covenant shall be binding upon any person or entity that acquires any right, title, or interest in or to any portion or all of the Covenant Parcels. Furthermore, this Covenant is designed to create equitable servitudes and covenants running with the land, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the Covenant Parcels, as the "burdened property," and shall be binding upon all persons or entities having any right, title or interest in the Covenant Parcels (or portion thereof) and their heirs, successive owners and assigns, and shall be binding upon the Developer, and its successors and assigns. Furthermore, the covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the City-Benefitted Property, as the "benefitted property," and shall inure to the benefit of the City and its successors and assigns, and may be enforced by the City and its successors and assigns. The Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Covenant Parcels is rendered less valuable thereby. The Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Covenant Parcels and by furthering public purposes for the City. 698/015610-0065 10768446.6 a04/13/17 161 In amplification and not in restriction of the provisions hereinabove, it is intended and agreed that the City is deemed a beneficiary of the covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of the City, without regard to whether the City is or remains the owner of the City-Benefitted Property or of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City, which real property shall be deemed the benefited property of such covenants. The City shall have the right, in the event of any breach of this Covenant, to exercise all rights and remedies, and to maintain any action at law or in equity or other proper proceeding to enforce the curing of such breach of this Covenant. 1.5 Recordina and Prioritv of Covenant. Upon complete execution and notarizing of this Covenant, the City shall cause to be recorded in the Recorder's Office this Covenant. The Covenant shall be recorded against each and every one of the Covenant Parcels and the City-Benefitted Property. This Covenant shall be recorded prior to the recording of any grant deed, including a "Grant Deed" (as that term is defined in the PSDA), or any other instrument conveying any right, title, or interest to any of the Covenant Parcels (or portions thereof) from the City, and this Covenant shall have priority over and shall not be made subordinate to any mortgage, deed of trust, or other encumbrance recorded against the Covenant Parcels. 1.6 Covenant Parcels Free of Mechanic's Liens. The owner of the Covenant Parcels (or any portion thereof) shall pay when due all claims for labor performed and materials furnished in connection with the Covenant Parcels. No mechanics', materialmen's or other professional services liens (as contrasted with consensual monetary liens such as construction and/or permanent financing approved by the City and subject to this Covenant) shall be permitted against the Covenant Parcels (or any portion thereof) for any work done or materials furnished in connection with the performance of any contractor or construction work to be completed on the Covenant Parcels; provided, however, that the owner of the Covenant Parcels (or portion thereof) may contest the validity of any such lien, but upon a final determination of the validity thereof, the owner of the Covenant Parcels (or portion thereof) subject to such a lien shall cause the lien to be satisfied and released of record. The owner of the Covenant Parcels (or portion thereof) shall, within thirty (30) days after receipt of written notice of any encumbrance by any such lien or claim of lien, (i) cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, or (ii) give such assurance as would enable a title insurance company to insure over such lien or claim of lien. 698/015610-0065 10768446.6 a04/13/17 -7- 162 2. USE GOLF COURSE AND ANCILLARY ACCESS AND MAINTENANCE 2.1 Golf Course Parcels. The Golf Course Parcels shall be used as a golf course with allowance for appurtenant maintenance yard and facilities, and related golf course amenities, according to the following: (A) The Golf Course shall be open and available for play as was customarily the practice as of the Effective Date of this Covenant. In explanation of the preceding sentence, the hours of operation, closures for routine maintenance, and other factors relating to the services and operations provided, while the Golf Course was open and while it was closed, shall be similar to the practices used annually and regularly, before the Effective Date of this Covenant. (B) The Golf Course at all times shall be of the caliber, reputation, difficulty, design (including the allowable Golf Course Realignment design), maintenance, and general "golf experience" that the Golf Course has as of the Effective Date of this Covenant. The Golf Course shall maintain a designation as an "Arnold Palmer" (or successor name/similar caliber designation) golf course. (C) The Golf Course Parcels shall be available for use and enjoyment by City residents and the general public pursuant to the terms and conditions of this Covenant, and any other applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the Golf Course. (D) The maintenance yard and facilities shall be and remain on Parcel 20 as shown on the Parcel Map. (E) The Golf Course shall be open and available for use on such days and times as generally were in practice as of the Effective Date of this Covenant. (F) The Golf Course shall have a clubhouse that shall be open to the public. The clubhouse shall have at a minimum the same services and operations (such as food and beverage services, golf equipment and clothing, golf carts, and other similar amenities customarily available at a first-class golf course and resort) as were available as of the Effective Date of this Covenant. The clubhouse may be either a temporary or permanent clubhouse, provided the clubhouse is constructed, operated, and maintained in accordance with all applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the clubhouse. The clubhouse may be on a parcel that is located adjacent to one of the Golf Course Parcels, provided the clubhouse location is approved in accordance with all applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the clubhouse. 698/015610-0065 10768446.6 a04/13/17 163 2.2 Golf Course Access/Operations Parcels. The Golf Course Access/Operations Parcels shall be used and be available for use in the same manner as they were used and available for use as of the Effective Date of this Covenant, according to the following: (A) The Golf Course Parcels shall have access (vehicular and pedestrian ingress and egress) from the public street segments comprising a portion of the City-Benefitted Property at all times on, over, and through some or all of Golf Course Access/Operations Parcels; provided, however, such access may be modified pursuant to a subdivision map or other City action, pursuant to any applicable law, that maintains access to the Golf Course Parcels from the public street segments comprising a portion of the City-Benefitted Property. (B) The Golf Course Access/Operations Parcels shall allow access to the Golf Course for City residents, City officials and employees, and any and all other persons and members of the general public. 2.3 Luxury Hotel Parcel. The Luxury Hotel Parcel shall be used as part of the Golf Course unless the City conveys the right, title and interest in the Luxury Hotel Parcel to Developer, in which case the Luxury Hotel Parcel shall not be required to be used as part of the Golf Course as long as the Developer uses the Luxury Hotel Parcel in furtherance of the Golf Course Realignment and the development of the Luxury Hotel thereon, pursuant to the PSDA. Upon the completion of construction of the Luxury Hotel, as evidenced by the Release of Construction Covenants for the Luxury Hotel Component as provided in the PSDA, this Covenant shall no longer apply or be of force and effect against the Luxury Hotel Parcel. 2.4 Dedications and Improvements. Nothing in this Covenant shall release or relieve Developer from making any offers of dedications to the City or other applicable public agency, or complete those public improvements in connection with the development of the SilverRock Resort Area, as may be required by any conditions of approval, the Parcel Map, or any other requirement imposed by the City. 3.1 Resident Access Cards for Qualifvina Persons. The City shall provide a process and program available to qualifying persons to apply for and receive Resident Access Cards. The City may contract with Developer or a third party operator of the Golf Course for the administration of the Resident Access Card process and program. The City shall establish eligibility requirements, which may be modified from time to time in the City's reasonable discretion and subject to the terms and conditions of this Covenant, under which the City shall administer and issue 698/015610-0065 10768446.6 a04/13/17 M 164 to qualifying persons the Resident Access Cards. The eligibility requirements shall be the same as were in place as of the Effective Date of this Covenant unless the City modifies those requirements pursuant to this Covenant. Eligibility requirements applicable to all Resident Access Cards, which may be modified by the City, include but are not limited to: (A) Reasonable methods to prove and verify residency in the City, such as a requirement that an applicant for a Resident Access Card provide to the City a property tax bill or residential lease with the applicant's name on that property tax bill or residential lease. (B) A minimum period during which an applicant for a Resident Access Card must be physically present in the City at a residence in the City, such as a requirement that an applicant is or plans to be physically present in the City for at least six months of each year. 3.2 Terms and Conditions of Use; Revocable License. All Resident Access Cards shall be a license subject to revocation pursuant to terms and conditions established from time to time in the City's reasonable discretion and subject to the terms and condition of this Covenant. The terms and conditions attached to all currently issued Resident Access Cards as of the Effective Date of this Covenant shall be the same as were in place as of the Effective Date of this Covenant, and the terms and conditions for all Resident Access Cards applied for and issued after the Effective Date of this Covenant shall be the same as were in place as of the Effective Date of this Covenant unless the City modifies those requirements pursuant to this Covenant. Terms and conditions applicable to all Resident Access Cards, which may be modified from time to time by the City, shall include: (A) The period for which a Resident Access Card remains valid, which shall be three (3) years from date of issuance. (B) The cost to purchase a Resident Access Card, which, as of the Effective Date of this Covenant, is One Hundred Fifty Dollars ($150). The cost to purchase a Resident Access Card may increase no more than Ten Dollars ($10) per calendar year, commencing in the year of the Effective Date of this Covenant; provided, however, that the cost to purchase a Resident Access Card shall not exceed One Hundred Eighty Dollars ($180) for a three (3) year term unless an increase from the $180-cap is approved by the City Council. (C) If the City conveys all right, title, and interest in the Golf Course Parcels to Developer or any successor in interest, the City Council may not impose a cost to purchase a Resident Access Card that is less than One Hundred Fifty Dollars ($150) without the expressed prior written approval of the owner of the Golf Course Parcels (or any third party operator of the Golf Course contracted for the administration of the Resident Access Card process and program). 698/015610-0065 10768446.6 a04/13/17 -10- 165 3.3 Obliaation to Honor Valid Resident Access Cards. The owner of the Golf Course Parcels, including Developer and any successor in interest, shall honor any valid Resident Access Card and, at a minimum, shall honor the privileges set forth in this Covenant to any qualifying person holding a valid Resident Access Card. 3.4 Minimum Privileaes Granted to Valid Resident Access Card Holders. If the City owns the Golf Course Parcels, the minimum privileges established by the City as of the Effective Date of this Covenant shall apply to each qualifying person who holds a valid Resident Access Card. If the City is not the owner of the Golf Course Parcels, then each qualifying person who holds a valid Resident Access Card shall have the following privileges available for use and enjoyment of the Golf Course: 3.4.1 Booking Tee Times. Until such time as City is no longer the owner of the Golf Course Parcels, either of the processes set forth in paragraphs (A) and (B) below shall be available to a holder of a valid Resident Access Card when booking a tee time. At such time as City is no longer the owner of the Golf Course Parcels, this Covenant shall be automatically modified to delete paragraph (A) below, and thereafter the process set forth in paragraph (B) below shall be available to a holder of a valid Resident Access Card when booking a tee time. (A) The same process and ability to book a tee time as in place as of the Effective Date of this Covenant; and/or (B) No less than one week in advance of the day of play, blocks of reserved tee times representing no less than one-third (1/3) of all tee times from the Golf Course's opening time until 1:00 p.m. each day the Golf Course is open for play, reasonably and proportionately scheduled throughout that opening/1:00 p.m. time period, shall be made available to holders of valid Resident Access Cards. In the absence of a modified procedure approved by the City, the time at which a tee time may be booked shall commence at 6:00 a.m. on the day by which a reservation must be made; for example, if the holder of a Resident Access Card wants to book a tee time for a Saturday pursuant to the one (1)-week advance reservation provision in Section 3.4.1(B) above, the earliest time at which to make that reservation would be 6:00 a.m. the Saturday before the Saturday of play. Subject to the terms and conditions in this Section 3.4.1, the scheduling of tee times, and the implementation of blocks of reserved tee times, shall follow or be similar to the schedule matrix set forth in the "Tee Time Block Schedule Example" in Exhibit "D" attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary in this Covenant, tournaments and other similar group play shall take priority over other reservations, provided that the "one-third (1/3) of all tee times" requirement described in paragraph (B) above is satisfied on a monthly basis. 698/015610-0065 10768446.6 a04/13/17 -11- In the absence of a modified procedure approved by the City, tee times that have been "blocked -off" for Resident Access Card holders, but have not been booked by a Resident Access Card holder two (2) days prior to the date of play, may be made available to the general public (including guests at the SilverRock Resort) on a first - come, first -served basis. 3.4.2 Reduced Rate for Golf Course Play. The rate charged to each holder of a valid Resident Access Card for each round of golf played at the Golf Course (the "Resident Rate") shall be governed according to the following: (A) In the absence of a different Resident Rate charged pursuant to this Covenant, the Resident Rate shall be the Resident Base Rate. (B) The Resident Rate shall not exceed, on any given day the Golf Course is open for play, fifty percent (50%) of the actual combined rate paid by hotel guests staying at any hotel at the SilverRock Resort Area and by the general public (who are not holders of Resident Access Cards) for that same day that the Golf Course is open for play; for example, if the actual combined rate for hotel guests and general public playing on March 1 of any given year is $100, the maximum Resident Rate for that March 1 is $50. The fifty percent (50%) cap described in this paragraph is referred to as the "Daily Resident Rate Cap." The Daily Resident Rate Cap shall only apply for golf course play during the "prime season months" from November 1 through March 31 of every year. (C) Subject to the Daily Resident Rate Cap, the Resident Rate may increase annually by a specified percentage (the "Resident Rate Annual Percentage Increase"). In the absence of a different annual percentage increase approved by the City, the percentage increase shall not be more than a three percent (3%) increase per year; for example if the Resident Base Rate is $60, the following Resident Rates would apply for the following years 1-10: Season YEAR base 1 2 3 4 5 6 7 8 9 10 PEAK 3% $ 60 $fit $ 64 $ 66 $ 68 $ 70 $ 72 $ 74 $ 76 $ 78 $ 81 SHOULDER 3% $ 49 $ 50 $ 52 $ 54 $ 55 $ 57 $ 59 $ 60 $ 62 $ 64 $ 66 SUMMER 3% $33 $34 $35 $36 $37 $38 $39 $41 $42 $43 $44 (D) Subject to the Daily Resident Rate Cap, after the first consecutive ten (10)-year period commencing from conveyance of all right, title, 698/015610-0065 10768446.6 a04/13/17 -12- 167 and interest in the Golf Course Parcels from City to Developer or any successor in interest, any increase in the Resident Rate starting in year 11 may not exceed the percentage increase in the Consumer Price Index (or similar nationally recognized inflationary index) (the "CPI") for All Urban Consumers, not seasonally adjusted, for Los Angeles County, Riverside County, Orange County, averaged for the twelve (12) month period commencing fifteen (15) months prior to the applicable ten-year adjustment date and ending three (3) months prior to that applicable ten- year adjustment date (the "Resident Rate Ten -Year Adjustment"). Each year after the Resident Rate Ten -Year Adjustment, any annual increase in the Resident Rate may not exceed the CPI. (E) There shall be no "service charge," or any other amount added to the Resident Rate permitted under this Covenant. In explanation of the foregoing, there shall be no "weekend rate" or other kind of "service charge" added to the Resident Rate. (F) For purposes of determining any increase or adjustment to the Resident Rate, each year shall be based on a calendar year. The first day on which any increase in the Resident Rate may occur is January 1, and for purposes of any increase in the Resident Base Rate, the first day on which such an increase may occur is January 1 of the year following the year of the Effective Date of this Covenant. 3.5 Collection and Receipt of Resident Rate Cha The owner of the Golf Course Parcels shall have the obligation to collect and right to keep moneys charged at Resident Rates; provided, however, if the City owns the Golf Course Parcels but contracts with Developer or a third party operator of the Golf Course for the administration of the Resident Access Card process and program, Developer and/or the third party operator of the Golf Course shall have the obligation to collect and right to keep moneys charged at Resident Rates. 3.6 Additional Privileges Permissible to Resident Access Card Holders. Nothing in this Covenant prevents the owner of the Golf Course Parcels or manager of the Golf Course from granting additional privileges to holders of valid Resident Access Cards, including but not limited to discounts on food and merchandise available at the clubhouse. 4. DEFAULT AND REMEDIES. 4.1 City Rights. In the event of failure by Developer or any successor in interest that has any ownership interest in the Covenant Parcels (or any portion thereof) to perform any material term or provision of this Covenant, the City shall have those rights and remedies provided in this Covenant and shall have any and all rights and remedies 698/015610-0065 10768446.6 a04/13/17 -13- 168 available at law or in equity, including but not limited to immediate and permanent injunctive relief. 4.2 Notice and Cure of Default. Upon the receipt of the notice of default by the City, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days, such Party shall commence to cure, correct, or remedy such default within such ten (10) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion, provided that such cure, correction or remedy is completed with sixty (60) days of the notice of default. 5. MISCELLANEOUS 5.1 Notices. Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Covenant must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same - day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: SilverRock Development Company, LLC c/o The Robert Green Company 3551 Fortuna Ranch Road Encinitas, California 92024 Attn- Robert Green With a copy to: Clinton L. Blain, Attorney at Law 3990 Old Town Avenue, Suite B-101 San Diego, California 92110 Phone: 619-584-1600 698/015610-0065 10768446.6 a04/13/17 -14- 169 Attention: Clinton Blain, Esq. Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 5.2 Force Maieure. Performance by a Party hereunder or any successor in interest to the Covenant Parcels (or portion thereof) shall not be deemed to be in default, and all performance and other dates specified in this Covenant shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions prohibiting the use of the Covenant Parcels as specified in this Covenant; unusually severe weather; inability to secure labor, materials or tools necessary for the operation of the uses specified in this Covenant; and delays of any contractor, subcontractor or supplier that are not attributable to the owner of the Golf Course Parcels or operator of the Golf Course. Notwithstanding anything to the contrary in this Covenant, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. 5.3 Bindina Effect. This Covenant, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the City, any subsequent owner of all or any portion of the Covenant Parcels, and their respective assigns, heirs or successors in interest, whether or not any reference to this Covenant is contained in the instrument by which such person acquired an interest in the Covenant Parcels. 5.4 Third Party Beneficiaries. A holder of a valid Resident Access Card shall be deemed and is expressly a third party beneficiary under this Covenant, and shall have the right, but not the obligation, to seek enforcement of this Covenant's terms and conditions. Except for the Parties to this Covenant, which includes any successors in interest, and holders of valid Resident Access Cards, no other persons or entities have any right of action of any kind under this Covenant. 5.5 Non -liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable for any loss, costs, damage, claim, liability, or 698/015610-0065 10768446.6 a04/13/17 -15- 170 judgment, arising out of or connection to this Covenant, or for any act or omission on the part of City. 5.6 Covenant Against Discrimination. There shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Covenant. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 5.7 Attorney's Fees and Costs for Prevailing Party. If there is an action against one Party by reason of the default of any term or condition in this Covenant, or otherwise arising out of this Covenant, the unsuccessful Party shall pay to the prevailing party its attorney's fees and costs, which shall be payable whether or not such action is prosecuted to judgment, and shall include fees and costs of appeal, if any. The term "prevailing party" shall include, without limitation, a party who obtains substantially the relief sought whether by compromise, settlement or judgment. 5.8 Severability. If any term or condition of this Covenant is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Covenant shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Covenant to condition the use of the Golf Course Parcels for a golf course and the Golf Course Access/Operations Parcels to provide access and operations for use as a golf course. 5.9 Time. Time is of the essence in the performance of this Covenant and of each and every term and condition hereof as to which time is an element. 5.10 Recitals & Exhibits Incorporated. The Recitals to this Covenant and all of the exhibits and attachments to this Covenant are, by this reference, incorporated into this Covenant and made a part hereof. 5.11 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Covenant, (iii) by so executing this Covenant, Developer is formally bound to the provisions of this Covenant, (iv) Developer's entering into and performance of its obligations set forth in this Covenant do not violate any provision of any other agreement to which Developer is bound, and 698/015610-0065 10768446.6 a04/13/17 -16- 171 (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Covenant. 5.12 City Approvals and Actions. Whenever a reference is made in this Covenant to an action or approval to be undertaken by the City, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless this Covenant specifically provides otherwise, including but not limited to provisions in this Covenant when the City Council must review and take action, or the law requires otherwise. The City Manager or his or her authorized designee shall have the authority to implement this Covenant, including the authority to negotiate and sign on behalf of the City implementing agreements and other documents, so long as the substantive provisions of this Covenant are maintained. Nothing in this paragraph prevents or shall be construed as preventing the City Manager from taking any review, approval request, or other action relating to this Covenant to the City Council for its review and action. 5.13 Future Golf Covenant. Pursuant to PSDA Amendment No. 2, Developer has an option to purchase the Driving Range/Golf Course Parcels (which parcels are referred to in PSDA Amendment No. 2 as the "Future Resort Property") (the "Future Resort Property Option"). City and Developer acknowledge and agree that in the event Developer timely exercises the Future Resort Property Option, City and/or Developer (as applicable) intend to record a subdivision map against the Driving Range/Golf Parcels to identify the specific portions of the Driving Range/Golf Course Parcels on which the future golf course, driving range, and any ancillary golf course operations will be developed (collectively, the "Golf Portions of Driving Range/Golf Course Parcels"). Concurrently with, and as a condition to, City's conveyance of the Driving Range/Golf Course Parcels to Developer, City and Developer shall execute and record against the Driving Range/Golf Course Parcels an amendment to this Covenant or other document that releases the portions of the Driving Range/Golf Course Parcels that are not Golf Portions of Driving Range/Golf Course Parcels, and ensures City residents access to the future golf course to be constructed on the Golf Portions of Driving Range/Golf Course Parcels in a manner that is consistent with this Covenant (the "Future Golf Covenant"). Until such time as the Future Golf Covenant has been executed and recorded against the Driving Range/Golf Course Parcels, this Covenant shall continue to bind the Driving Range/Golf Course Parcels in accordance with its terms. 5.14 Governing Law. The internal laws of the State of California shall govern the interpretation and enforcement of this Covenant without regard to conflicts of law principles. Any action at law or in equity brought by for the purpose of enforcing, construing, or interpreting the validity of this Covenant or any provision hereof shall be brought in the Superior Court 698/015610-0065 10768446.6 a04/13/17 -17- 172 of the State of California in and for the County of Riverside, or such other appropriate court in said county. 5.15 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Covenant in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Covenant. 698/015610-0065 10768446.6 a04/13/17 [end — signature page follows] i 173 IN WITNESS WHEREOF, Developer and City have executed this Covenant as of the Reference Date. Date: 12017 Date: , 2017 "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: RGC La Quinta II, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Date: , 2017 By: 698/015610-0065 10768446.6 a04/13/17 Frank J. Spevacek, City Manager [Signatures continued on next page] -19- 174 ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke, City Attorney [End of signatures] 698/015610-0065 10768446.6 a04/13/17 -20' 175 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. COUNTY OF On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10768446.6 a04/13/17 Name: Notary Public -21- 176 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10768446.6 a04/13/17 Name: Notary Public -22- 177 698/015610-0065 10768446.6 a04/13/17 EXHIBIT "A" SITE MAP OF SILVERROCK RESORT AREA -23- 178 MASTER PLAN SILVERROCK RESORT LA QUINTA, CALIFORNIA NOWMBER 29, 2016 698/015610-0065 10768446.6 a04/13/17 -24- 1 III ROBERT GREEN "0M11AN) 179 698/015610-0065 10768446.6 a04/13/17 EXHIBIT "B" PARCEL MAP (See following page) -25- 180 698/015610-0065 10768446.6 a04/13/17 � ` b q��o. ©�'l `Fjfj it m1 jai -26- 181 EXHIBIT "C" COVENANT PARCELS LEGAL DESCRIPTIONS [To be inserted] 698/015610-0065 10768446.6 a04/13/17 -27- 182 EXHIBIT "D" TEE TIME BLOCK SCHEDULE EXAMPLE Time Player 1 Player 2 Player 3 Player 4 7:00 7:08 7:15 Resident Block 7:23 7:30 7:38 7:45 8:00 8:08 8:15 8:23 8:30 8:38 Resident Block 8:45 9:00 9:08 9:15 9:23 9:30 9:38 9:45 10:00 10:08 10:15 10:23 10:30 10:38 Resident Block 10:45 11:00 11:08 11:15 11:23 11:30 11:38 11:45 12:00 12:08 12:15 Resident Block 12:23 12:30 12:38 12:45 1:00 1:08 1:15 1:23 Tee Sheet Open @ 1:00 p.m. 1:30 1:38 1:45 698/015610-0065 10768446.6 a04/13/17 -28- 183 184 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) COVENANT AFFECTING REAL PROPERTY (AHMANSON RANCH HOUSE) BY AND BETWEEN THE CITY OF LA QUINTA AND SILVERROCK DEVELOPMENT COMPANY, LLC 698/015610-0065 10787057.3 a04/13/17 185 TABLE OF CONTENTS Paqe COVENANT AFFECTING REAL PROPERTY (AHMANSON RANCH HOUSE) ....................... 1 RECITALS............................................................................................................................... 1 AGREEMENT.......................................................................................................................... 2 1. GENERAL PROVISIONS............................................................................................. 2 1.1 Definitions................................................................................................ 2 1.2 Effective Date..........................................................................................4 1.3 Amendment or Cancellation by Mutual Consent......................................4 1.4 Covenants Run With the Land; Expressed Condition of Ahmanson Ranch House Use in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re-Entry.................................................................4 1.5 Recording and Priority of Covenant.........................................................6 1.6 Covenant Parcels Free of Mechanic's Liens............................................6 2. AUTHORIZED USES OF AHMANSON RANCH HOUSE ............................................. 6 2.1 Ahmanson Ranch Parcel.........................................................................6 2.2 Ahmanson Ranch House Access/Operations Parcels ............................. 7 2.3 Dedications and Improvements...............................................................7 3. PRESERVATION OF HISTORICAL RESOURCE........................................................ 7 3.1 Conveyance of Ahmanson Ranch House Parcel and Improvements ......7 3.2 Collection and Receipt of Charges; Allowance for Third -Party Operator................................................................................................... 7 3.3 City Council Approvals to Preserve Historic Resource and Aesthetics................................................................................................8 4. DEFAULT AND REMEDIES.........................................................................................8 4.1 City Rights...............................................................................................8 4.2 Notice and Cure of Default.......................................................................8 5. MISCELLANEOUS.......................................................................................................8 5.1 Notices, Demands and Communications Between the Parties ................ 8 5.2 Force Majeure..........................................................................................9 5.3 Binding Effect.........................................................................................10 5.4 Non -liability of City Officers and Employees..........................................10 5.5 Covenant Against Discrimination...........................................................10 5.6 Attorney's Fees and Costs for Prevailing Party......................................10 5.7 Severability............................................................................................10 5.8 Time.......................................................................................................11 5.9 Recitals & Exhibits Incorporated............................................................11 5.10 Authority to Execute; Representations and Warranties .........................11 5.11 City Approvals and Actions....................................................................11 5.12 Governing Law.......................................................................................11 5.13 Counterpart Signature Pages................................................................12 698/015610-0065 10787057.3 a04/13/17 -i- 186 TABLE OF CONTENTS LIST OF EXHIBITS A Site Plan of SilverRock Resort Area B Parcel Map No. 37207 C Covenant Parcels Legal Descriptions 698/015610-0065 10787057.3 a04/13/17 Para e 187 COVENANT AFFECTING REAL PROPERTY (AHMANSON RANCH HOUSE) This COVENANT AFFECTING REAL PROPERTY (AHMANSON RANCH HOUSE) (the "Covenant") is entered into as of the day of , 2017 (the "Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. City owns fee title to that certain real property located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein (the "SilverRock Resort Area"). City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas" (as defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City those specified "Planning Areas" to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the PSDA as the "Project Components." B. City and Developer entered into that certain Amendment No.1 to Purchase, Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1 ") and Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 ("PSDA Amendment No. 2"), to, among other things, update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1 and No. 2, and any other amendments thereto, is hereinafter referred to as the "PSDA." C. The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among other land use governing documents, permits, and entitlements, are centered around the existing use and enjoyment, by residents, guests of the City, and members of the public, of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course") and facilities and amenities available around the Golf Course, such as the "Ahmanson Ranch House." D. Pursuant to the PSDA and other City permits and entitlements, including Site Development Permit No. , Developer is required to complete the construction, development, use, and operation of the Ahmanson Ranch House Component (as defined in the PSDA). 698/015610-0065 10787057.3 a04/13/17 -1- 188 E. City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and incorporated herein (the "Parcel Map"), which, in accordance with the Subdivision Map Act, subdivided the SilverRock Resort Area in the following parcel that constitutes the Ahmanson Ranch House's location: Parcel 20 (the "Ahmanson Ranch House Parcel"). Similarly, the Parcel Map subdivided the following parcels relating to access, maintenance, and operations of the Ahmanson Ranch House: Parcels A, B, C, D, E, and F (collectively, the "Ahmanson Ranch House Access/Operations Parcels"). The Ahmanson Ranch House Parcel and Ahmanson Ranch House Access/Operations Parcels are collectively referred to herein as the "Covenant Parcels" and are more particularly described in the legal descriptions attached hereto as Exhibit "C" and incorporated herein (the "Covenant Parcel Legal Description(s)"). The Covenant Parcels are burdened by this Covenant, serve as the "burdened estate" for purposes of this Covenant, and subject to its terms and conditions, as more particularly set forth herein. F. City is the owner in fee of those certain public streets known as and identified on the Parcel Map as Avenue 52 and Jefferson Street, more particularly described in the legal descriptions attached hereto as Exhibit "Y and (the "City -Owned Street Property"). The City -Owned Street Property is adjacent to the SilverRock Resort Area and, specifically, the Covenant Parcels. In addition to any and all other real property owned by the City for public use, the City -Owned Street Property is benefited by this Covenant, serve as the "benefited estate" for purposes of this Covenant, and the terms and conditions, as more particularly set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL PROVISIONS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Covenant, the following terms when used in this Covenant shall be defined as follows: 1.1.1 "Ahmanson Ranch House" means the SilverRock Resort's historic Ahmanson Ranch House and uses and all operations related thereto, in its current location, as of the Effective Date of this Covenant, subject to the improvements under the PSDA and any other reconfiguring approved by the City from time to time. 1.1.2 "Ahmanson Ranch House Access/Operations Parcel(s)" shall have the meaning in Recital E of this Covenant. 1.1.3 "Ahmanson Ranch House Component" shall have the same meaning as in the PSDA. 698/015610-0065 10787057.3 a04/13/17 -2- 189 1.1.4 "Ahmanson Ranch House Parcel" shall have the meaning in Recital E of this Covenant. 1.1.5 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.6 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.7 "City Manager" means the individual duly appointed to the position of City Manager of City, or his or her authorized designee. 1.1.8 "City -Owned Street Property" shall have the meaning in Recital F of this Covenant. 1.1.9 "Covenant" means this Covenant Affecting Real Property (Ahmanson Ranch House). 1.1.10 "Covenant Parcel(s)" shall have the meaning in Recital E of this Covenant. 1.1.11 "Covenant Parcel Legal Description(s)" shall have the meaning in Recital E of this Covenant. 1.1.12 "Developer" means SilverRock Development Company, LLC, a Delaware limited liability company, and its successors and assigns. 1.1.13 "Effective Date" shall have the meaning set forth in Section 1.2 of this Covenant. 1.1.14 "Original PSDA" shall have the meaning in Recital A of this Covenant. 1.1.15 "Parcel Map" means the parcel map identified in Recital E of this Covenant. 1.1.16 "Parties" means collectively Developer and City, and their respective successors and assigns. Each may be referred to in the singular as a "Party". 1.1.17 "Planning Area" means an area designated on the Site Map as a planning area. the PSDA. 698/015610-0065 10787057.3 a04/13/17 1.1.18 "Project Component" shall have the same meaning as defined in -3- 190 1.1.19 "PSDA" shall have the meaning in Recital B of this Covenant. 1.1.20 "PSDA Amendment No. 1" shall have the meaning in Recital B of this Covenant. 1.1.21 "PSDA Amendment No. 2" shall have the meaning in Recital B of this Covenant. 1.1.22 "Recorder's Office" means the Riverside County, California, Office of Official Records. 1.1.23 "RGC" means The Robert Green Company, a California corporation. 1.1.24 "SilverRock Resort Area" has the same meaning in the PSDA, which refers to the approximately 145525 acres of real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253, depicted in the Site Map attached hereto as Exhibit "A". 1.1.25 "Site Map" means the map of the SilverRock Resort Area, which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Site Map depicts twelve (12) proposed planning areas within the real property covered by the Specific Plan, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10A,10B, 11, and 12. 1.1.26 "Specific Plan" means the SilverRock Resort Specific Plan, approved by the City Council of City on July 18, 2006, as may be amended from time to time. 1.2 Effective Date. This Covenant shall be effective and of full force and effect upon complete execution by the Parties, which shall be inserted in the preamble, and shall be perfected as binding against any and all owners of the Covenant Parcels upon recording in the Recorder's Office. 1.3 Amendment or Cancellation by Mutual Consent. Except as expressly allowed herein, this Covenant shall not be amended or canceled in whole or in part without the prior written consent of the City, and, except when the City Manager may amend this Covenant as expressly allowed herein, any cancellation or amendment of this Covenant shall require the approval of the City Council by not less than a majority vote of the total membership. 698/015610-0065 10787057.3 a04/13/17 0 191 1.4 Covenants Run With the Land; Expressed Condition of Ahmanson Ranch House Use in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re - Entry. In any grant deed or other instrument conveying any right, title, or interest in any or all of the Covenant Parcels (or portion thereof) from the grantor (including the City) to the grantee (including Developer), words shall be included in such grant deed or other instrument signifying that such right, title, or interest, and any such estate created by such conveyance, shall be subject to the terms and conditions of this Covenant. Furthermore, such grant deed or other instrument shall expressly condition that the City, and its heirs and assigns, shall have a right or reverter and/or right to re-enter any or all Covenant Parcels upon their ceasing to be used for the Ahmanson Ranch House pursuant to the terms and conditions of this Covenant. This Covenant is intended to be and shall be construed as a restrictive covenant that limits, restricts, and burdens the use of the Covenant Parcels. The City, as owner in fee of the Covenant Parcels, hereby declares that this Covenant, and the covenants, conditions, and restrictions of use on the Covenant Parcels as set forth herein, is intended to and shall run with the land in perpetuity, and each and every successor of the City that has any ownership interest or right of ownership interest in the Covenant Parcels (or portions thereof), including Developer, shall be subject to this Covenant, which is intended to be and shall be construed as placing a reasonable burden on the use of the Covenant Parcels, which, among other provisions, were developed for use and enjoyment as the Ahmanson Ranch House as more particularly described in this Covenant. To the maximum extent permitted by law, this Covenant shall be construed as an expressed, valid, and enforceable deed restriction, restrictive covenant, or other similarly described encumbrance that runs with the Covenant Parcels. This Covenant shall be binding upon any person or entity that acquires any right, title, or interest in or to any portion or all of the Covenant Parcels. Furthermore, this Covenant is designed to create equitable servitudes and covenants running with the land, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the Covenant Parcels, as the "burdened property," and shall be binding upon all persons or entities having any right, title or interest in the Covenant Parcels (or portion thereof) and their heirs, successive owners and assigns, and shall be binding upon the Developer, and its successors and assigns. Furthermore, the covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the City -Owned Street Property, as the "benefitted property," and shall inure to the benefit of the City and its successors and assigns, and may be enforced by the City and its successors and assigns. The Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Covenant Parcels is rendered less valuable thereby. The Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Covenant Parcels and by furthering public purposes for the City. 698/015610-0065 10787057.3 a04/13/17 -5- 192 In amplification and not in restriction of the provisions hereinabove, it is intended and agreed that the City is deemed a beneficiary of the covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of the City, without regard to whether the City is or remains the owner of the City -Owned Street Property or of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City, which real property shall be deemed the benefited property of such covenants. The City shall have the right, in the event of any breach of this Covenant, to exercise all rights and remedies, and to maintain any action at law or in equity or other proper proceeding to enforce the curing of such breach of this Covenant. 1.5 Recordina and Prioritv of Covenant. Upon complete execution and notarizing of this Covenant, the City shall cause to be recorded in the Recorder's Office this Covenant. The Covenant shall be recorded against each and every one of the Covenant Parcels and the City -Owned Street Property. This Covenant shall be recorded prior to the recording of any grant deed, including the "Grant Deed" as defined in the PSDA, or any other instrument conveying any right, title, or interest to any of the Covenant Parcels (or portions thereof) from the City, and this Covenant shall have priority over and shall not be made subordinate to any mortgage, deed of trust, or other encumbrance recorded against the Covenant Parcels. 1.6 Covenant Parcels Free of Mechanic's Liens. The owner of the Covenant Parcels (or any portion thereof) shall pay when due all claims for labor performed and materials furnished in connection with the Covenant Parcels. No mechanics', materialmen's or other professional services liens (as contrasted with consensual monetary liens such as construction and/or permanent financing approved by the City and subject to this Covenant) shall be permitted against the Covenant Parcels (or any portion thereof) for any work done or materials furnished in connection with the performance of any contractor or construction work to be completed on the Covenant Parcels; provided, however, that the owner of the Covenant Parcels (or portion thereof) may contest the validity of any such lien, but upon a final determination of the validity thereof, the owner of the Covenant Parcels (or portion thereof) subject to such a lien shall cause the lien to be satisfied and released of record. The owner of the Covenant Parcels (or portion thereof) shall, within thirty (30) days after receipt of written notice of any encumbrance by any such lien or claim of lien, (i) cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, or (ii) give such assurance as would enable a title insurance company to insure over such lien or claim of lien. 2. AUTHORIZED USES OF AHMANSON RANCH HOUSE 2.1 Ahmanson Ranch Parcel. 698/015610-0065 10787057.3 a04/13/17 193 Subject to the rehabilitation and related terms and conditions in the PSDA for the Ahmanson Ranch House as part of the Ahmanson Ranch House Component, the Ahmanson Ranch House Parcel and all improvements thereon shall remain open and available as a public restaurant and banquet facility, and related uses that are consistent with the SilverRock Resort Area, the Specific Plan, and other permits and entitlements that further the historic, first-class experience at the Ahmanson Ranch. 2.2 Ahmanson Ranch House Access/Operations Parcels. The Ahmanson Ranch House Access/Operations Parcels shall be used and be available for use in the same manner as they were used and available for use as of the Effective Date of this Covenant, according to the following: (A) The Ahmanson Ranch House Parcel shall have access (vehicular and pedestrian ingress and egress) from the City -Owned Street Property at all times on, over, and through some or all of Ahmanson Ranch House Access/Operations Parcels; provided, however, such access may be modified pursuant to a subdivision map or other City action, pursuant to any applicable law, that maintains access to the Ahmanson Ranch House Parcel from the City -Owned Street Property. (B) The Ahmanson Ranch House Access/Operations Parcels shall allow access to the Ahmanson Ranch House for the City residents, City officials and employees, and any and all other persons and members of the general public. 2.3 Dedications and Improvements. Nothing in this Covenant shall release or relieve Developer from making any offers of dedications to the City or other applicable public agency, or complete those public improvements in connection with the development of the SilverRock Resort Area, as may be required by any conditions of approval, the Parcel Map, or any other requirement imposed by the City. 3. PRESERVATION OF HISTORICAL RESOURCE 3.1 Conveyance of Ahmanson Ranch House Parcel and Improvements. The City may convey the Ahmanson Ranch House Parcel and improvements thereon pursuant to the PSDA, in which case, City shall no longer be owner in fee. The City shall have and retain all regulatory authority over the Ahmanson Ranch House Parcel in accordance with applicable laws. 3.2 Collection and Receipt of Charges; Allowance for Third -Party Operator. The owner of the Ahmanson Ranch House Parcel shall have the obligation to collect and right to keep moneys charged for any and all services at the Ahmanson Ranch House, consistent with this Covenant; provided, however, if the City owns the 698/015610-0065 10787057.3 a04/13/17 -7- 194 Ahmanson Ranch House Parcel but contracts with Developer or a third party operator of the Ahmanson Ranch House for the administration of the Ahmanson Ranch House, Developer and/or the third party operator shall have the obligation to collect and right to keep moneys charged. 3.3 City Council Aaarovals to Preserve Historic Resource and Aesthetics. The Ahmanson Ranch House shall be preserved as a historic resource of the City, and the general architectural style for both the exterior and interior shall be preserved. Except for the construction and rehabilitation approved under the PSDA and permits and entitlements issued to Developer pursuant to the PSDA, any and all improvements on the Ahmanson Ranch House Parcel and alterations to the Ahmanson Ranch House shall preserve its historic and architectural style as of the Effective Date of this Covenant. Any and all alterations, structural improvements, fixtures, furnishings, equipment, or any other modification to the Ahmanson Ranch House shall be applied for by the current owner (or authorized agent) of the Ahmanson Ranch House Parcel and reviewed by the City Council in its regulatory and design review capacity. 4. DEFAULT AND REMEDIES. 4.1 City Rights. In the event of failure by Developer or any successor in interest that has any ownership interest in the Covenant Parcels (or any portion thereof) to perform any material term or provision of this Covenant, the City shall have those rights and remedies provided in this Covenant and shall have any and all rights and remedies available at law or in equity, including but not limited to immediate and permanent injunctive relief. 4.2 Notice and Cure of Default. Upon the receipt of the notice of default by the City, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days, such Party shall commence to cure, correct, or remedy such default within such ten (10) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion, provided that such cure, correction or remedy is completed with sixty (60) days of the notice of default. 698/015610-0065 10787057.3 a04/13/17 195 5. MISCELLANEOUS 5.1 Notices. Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Covenant must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same - day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: SilverRock Development Company, LLC c/o The Robert Green Company 3551 Fortuna Ranch Road Encinitas, California 92024 Attn- Robert Green With a copy to: Clinton L. Blain, Attorney at Law 3990 Old Town Avenue, Suite B-101 San Diego, California 92110 Phone: 619-584-1600 Attention: Clinton Blain, Esq. Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 5.2 Force Majeure. Performance by a Party hereunder or any successor in interest to the Covenant Parcels (or portion thereof) shall not be deemed to be in default, and all performance and other dates specified in this Covenant shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental 698/015610-0065 10787057.3 a04/13/17 M •T restrictions prohibiting the use of the Covenant Parcels as specified in this Covenant; unusually severe weather; inability to secure labor, materials or tools necessary for the operation of the uses specified in this Covenant; and delays of any contractor, subcontractor or supplier that are not attributable to the owner of the Ahmanson Ranch House Parcel or operator of the Ahmanson Ranch House. Notwithstanding anything to the contrary in this Covenant, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. 5.3 Bindina Effect. This Covenant, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the City, any subsequent owner of all or any portion of the Covenant Parcels, and their respective assigns, heirs or successors in interest, whether or not any reference to this Covenant is contained in the instrument by which such person acquired an interest in the Covenant Parcels. 5.4 Non -liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Covenant, or for any act or omission on the part of City. 5.5 Covenant Aaainst Discrimination. There shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Covenant. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 5.6 Attorney's Fees and Costs for Prevailing Party. If there is an action against one Party by reason of the default of any term or condition in this Covenant, or otherwise arising out of this Covenant, the unsuccessful Party shall pay to the prevailing party its attorney's fees and costs, which shall be payable whether or not such action is prosecuted to judgment, and shall include fees and costs of appeal, if any. The term "prevailing party" shall include, without limitation, a party who obtains substantially the relief sought whether by compromise, settlement or judgment. 5.7 Severability. If any term or condition of this Covenant is held by a court of competent jurisdiction to be invalid, void or unenforceable, the Covenant shall continue in full force and effect, to th 698/015610-0065 10787057.3 a04/13/17 -10- e 197 unenforceability does not impair the application of this Covenant to condition the use of the Ahmanson Ranch House Parcel for restaurant and banquet uses, and related uses, as provided herein, and the Ahmanson Ranch House Access/Operations Parcels to provide access and operations for the use of the Ahmanson Ranch House. 5.8 Time. Time is of the essence in the performance of this Covenant and of each and every term and condition hereof as to which time is an element. 5.9 Recitals & Exhibits Incorporated. The Recitals to this Covenant and all of the exhibits and attachments to this Covenant are, by this reference, incorporated into this Covenant and made a part hereof. 5.10 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Covenant, (iii) by so executing this Covenant, Developer is formally bound to the provisions of this Covenant, (iv) Developer's entering into and performance of its obligations set forth in this Covenant do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Covenant. 5.11 City Approvals and Actions. Whenever a reference is made in this Covenant to an action or approval to be undertaken by the City, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless this Covenant specifically provides otherwise, including but not limited to provisions in this Covenant when the City Council must review and take action, or the law requires otherwise. The City Manager or his or her authorized designee shall have the authority to implement this Covenant, including the authority to negotiate and sign on behalf of the City implementing agreements and other documents, so long as the substantive provisions of this Covenant are maintained. Nothing in this paragraph prevents or shall be construed as preventing the City Manager from taking any review, approval request, or other action relating to this Covenant to the City Council for its review and action. 5.12 Governing Law. The internal laws of the State of California shall govern the interpretation and enforcement of this Covenant without regard to conflicts of law principles. Any action at law or in equity brought by for the purpose of enforcing, construing, or interpreting the validity of this Covenant or any provision hereof shall be brought in the Superior Court 698/015610-0065 10787057.3 a04/13/17 -11- 198 of the State of California in and for the County of Riverside, or such other appropriate court in said county. 5.13 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Covenant in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Covenant. 698/015610-0065 10787057.3 a04/13/17 [end — signature page follows] -12- 199 IN WITNESS WHEREOF, Developer and City have executed this Covenant as of the Reference Date. Date: 12017 Date: , 2017 "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: RGC La Quinta II, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer [Signatures continued on next page] 698/015610-0065 10787057.3 a04/13/17 -1 3- 200 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Date: , 2017 By: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke, City Attorney 698/015610-0065 10787057.3 a04/13/17 -14- Frank J. Spevacek, City Manager 201 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of STATE OF CALIFORNIA COUNTY OF On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10787057.3 a04/13/17 Name: Notary Public -15- 202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of STATE OF CALIFORNIA COUNTY OF On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10787057.3 a04/13/17 Name: Notary Public -16- 203 MASTER PLAN SILVERROCK RESORT LA QUINTA, CALIFORNIA NOWMBER 29, 2016 698/015610-0065 10787057.3 a04/13/17 EXHIBIT "A" 1 III ROBERT GREEN "0M11AN) 204 � ` b q��o. ©�'l `Fjfj it m1 jai 19/015610-0065 0787057.3a0413/17 EXHIBIT "B" 205 EXHIBIT "C" LEGAL DESCRIPTIONS OF COVENANT PARCELS [To be inserted] 0065 100780705 7.3 a04 13/17 EXHIBIT ` Ci" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code §6103 and §27383) COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND TRAILS) BY AND BETWEEN THE CITY OF LA QUINTA AND SILVERROCK DEVELOPMENT COMPANY, LLC 698/015610-0065 10789699.3 a04/13/17 207 TABLE OF CONTENTS Paqe COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND TRAILS)....................................................................................................................... 1 RECITALS............................................................................................................................... 1 AGREEMENT.......................................................................................................................... 2 1. GENERAL PROVISIONS............................................................................................. 2 1.1 Definitions................................................................................................ 2 1.2 Effective Date..........................................................................................4 1.3 Amendment or Cancellation by Mutual Consent......................................4 1.4 Covenants Run With the Land; Expressed Condition in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re- Entry........................................................................................................4 1.5 Recording and Priority of Covenant.........................................................6 1.6 Covenant Parcels Free of Mechanic's Liens............................................6 2. REQUIREMENT TO MAINTAIN LANDSCAPING AND TRAILS...................................6 2.1 Outer Perimeter....................................................................................... 6 2.2 Dedications and Improvements...............................................................7 3. [RESERVED]................................................................................................................7 4. DEFAULT AND REMEDIES.........................................................................................7 4.1 City Rights...............................................................................................7 4.2 Notice and Cure of Default.......................................................................7 5. MISCELLANEOUS.......................................................................................................7 5.1 Notices, Demands and Communications Between the Parties ................ 7 5.2 Force Majeure..........................................................................................8 5.3 Binding Effect...........................................................................................9 5.4 Non -liability of City Officers and Employees ............................................ 9 5.5 Covenant Against Discrimination............................................................. 9 5.6 Attorney's Fees and Costs for Prevailing Party........................................9 5.7 Severability.............................................................................................. 9 5.8 Time.........................................................................................................9 5.9 Recitals & Exhibits Incorporated............................................................10 5.10 Authority to Execute; Representations and Warranties .........................10 5.11 City Approvals and Actions....................................................................10 5.12 Governing Law.......................................................................................10 5.13 Counterpart Signature Pages................................................................10 LIST OF EXHIBITS A Site Plan of SilverRock Resort Area 698/015610-0065 10789699.3 a04/13/17 -i- 208 TABLE OF CONTENTS B Parcel Map No. 37207 C Covenant Parcels Legal Descriptions D City -Owned Street Property Legal Descriptions 698/015610-0065 10789699.3 a04/13/17 Pae 209 COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND TRAILS) This COVENANT AFFECTING REAL PROPERTY (PERIMETER LANDSCAPING AND TRAILS) (the "Covenant") is entered into as of the day of , 2017 (the "Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), with reference to the following: RECITALS: A. City owns fee title to that certain real property located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein (the "SilverRock Resort Area"). City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas" (as defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City those specified "Planning Areas" to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the PSDA as the "Project Components." B. City and Developer entered into that certain Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1") and Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 ("PSDA Amendment No. 2"), to, among other things, update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1 and No. 2, and any other amendments thereto, is hereinafter referred to as the "PSDA." C. The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among other land use governing documents, permits, and entitlements, are centered around the existing use and enjoyment, by residents, guests of the City, and members of the public, of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course") and "Perimeter Landscaping and Trails" that surround the perimeter of the SilverRock Resort Area. D. Pursuant to the PSDA and other City permits and entitlements, including Site Development Permit No. , Developer is required to complete the construction, development, use, and operation of the Perimeter Landscaping and Trails, as more particularly described in the PSDA. 698/015610-0065 10789699.3 a04/13/17 -1- 210 E. City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and incorporated herein (the "Parcel Map"), which, in accordance with the Subdivision Map Act, subdivided the SilverRock Resort Area in the following parcels that constitute the outer perimeter of the SilverRock Resort Area: Parcels (the "Landscaping and Trails Parcels"). Similarly, the Parcel Map subdivided the following parcels relating to access, maintenance, and operations of the Landscaping and Trails Parcels: Parcels A, B, C, D, E, and F (collectively, the "Landscaping and Trails Access/Operations Parcels"). The Landscaping and Trails Parcels and Landscaping and Trails Access/Operations Parcels are collectively referred to herein as the "Covenant Parcels" and are more particularly described in the legal descriptions attached hereto as Exhibit "C" and incorporated herein (the "Covenant Parcel Legal Description(s)"). The Covenant Parcels are burdened by this Covenant, serve as the "burdened estate" for purposes of this Covenant, and subject to its terms and conditions, as more particularly set forth herein. F. City is the owner in fee of those certain public streets known as and identified on the Parcel Map as Avenue 52, Jefferson Street and Avenue 54, more particularly described in the legal descriptions attached hereto as Exhibit "Y and (the "City -Owned Street Property"). The City -Owned Street Property is adjacent to the SilverRock Resort Area and, specifically, the Covenant Parcels. In addition to any and all other real property owned by the City for public use, the City -Owned Street Property is benefited by this Covenant, serve as the "benefited estate" for purposes of this Covenant, and the terms and conditions, as more particularly set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 1. GENERAL PROVISIONS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Covenant, the following terms when used in this Covenant shall be defined as follows: 1.1.1 "City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.2 "City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.3 "City Manager" means the individual duly appointed to the position of City Manager of City, or his or her authorized designee. 698/015610-0065 10789699.3 a04/13/17 -2- 211 1.1.4 "City -Owned Street Property" shall have the meaning in Recital F of this Covenant. 1.1.5 "Covenant" means this Covenant Affecting Real Property (Perimeter Landscaping and Trails). 1.1.6 "Covenant Parcel(s)" shall have the meaning in Recital E of this Covenant. 1.1.7 "Covenant Parcel Legal Description(s)" shall have the meaning in Recital E of this Covenant. 1.1.8 "Developer" means SilverRock Development Company, LLC, a Delaware limited liability company, and its successors and assigns. 1.1.9 "Effective Date" shall have the meaning set forth in Section 1.2 of this Covenant. 1.1.10 "Landscaping and Trails Access/Operations Parcel(s)" shall have the meaning in Recital E of this Covenant. 1.1.11 "Landscaping and Trails Parcels" shall have the meaning in Recital E of this Covenant. 1.1.12 "Original PSDA" shall have the meaning in Recital A of this Covenant. 1.1.13 "Parcel Map" means the parcel map identified in Recital E of this Covenant. 1.1.14 "Parties" means collectively Developer and City, and their respective successors and assigns. Each may be referred to in the singular as a "Party". 1.1.15 "Planning Area" means an area designated on the Site Map as a planning area. the PSDA. 1.1.16 "Project Component" shall have the same meaning as defined in 1.1.17 "PSDA" shall have the meaning in Recital B of this Covenant. 1.1.18 "PSDA Amendment No. 1" shall have the meaning in Recital B of this Covenant. 1.1.19 "PSDA Amendment No. 2" shall have the meaning in Recital B of this Covenant. 698/015610-0065 10789699.3 a04/13/17 -3- 212 1.1.20 "Recorder's Office" means the Riverside County, California, Office of Official Records. 1.1.21 "RGC" means The Robert Green Company, a California corporation. 1.1.22 "SilverRock Resort Area" has the same meaning in the PSDA, which refers to the approximately 145525 acres of real property located at the southwest intersection of Jefferson Street and Avenue 52 in the City of La Quinta, California 92253, depicted in the Site Map attached hereto as Exhibit "A". 1.1.23 "Site Map" means the map of the SilverRock Resort Area, which is attached hereto as Exhibit "A" and incorporated herein by this reference. The Site Map depicts twelve (12) proposed planning areas within the real property covered by the Specific Plan, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10A,1013, 11, and 12. 1.1.24 "Specific Plan" means the SilverRock Resort Specific Plan, approved by the City Council of City on July 18, 2006, as may be amended from time to time. 1.2 Effective Date. This Covenant shall be effective and of full force and effect upon complete execution by the Parties, which shall be inserted in the preamble, and shall be perfected as binding against any and all owners of the Covenant Parcels upon recording in the Recorder's Office. 1.3 Amendment or Cancellation by Mutual Consent. Except as expressly allowed herein, this Covenant shall not be amended or canceled in whole or in part without the prior written consent of the City, and, except when the City Manager may amend this Covenant as expressly allowed herein, any cancellation or amendment of this Covenant shall require the approval of the City Council by not less than a majority vote of the total membership. 1.4 Covenants Run With the Land; Expressed Condition in Grant Deeds and Other Similar Instruments; Rights of Reverter or Re -Entry. In any grant deed or other instrument conveying any right, title, or interest in any or all of the Covenant Parcels (or portion thereof) from the grantor (including the City) to the grantee (including Developer), words shall be included in such grant deed or other instrument signifying that such right, title, or interest, and any such estate created by such conveyance, shall be subject to the terms and conditions of this Covenant. Furthermore, such grant deed or other instrument shall expressly condition that the City, and its heirs and assigns, shall have a right or reverter and/or right to re-enter any or all Covenant Parcels upon their ceasing to be used for the Landscaping and Trails, pursuant to the terms and conditions of this Covenant. 698/015610-0065 10789699.3 a04/13/17 0 213 This Covenant is intended to be and shall be construed as a restrictive covenant that limits, restricts, and burdens the use of the Covenant Parcels. The City, as owner in fee of the Covenant Parcels, hereby declares that this Covenant, and the covenants, conditions, and restrictions of use on the Covenant Parcels as set forth herein, is intended to and shall run with the land in perpetuity, and each and every successor of the City that has any ownership interest or right of ownership interest in the Covenant Parcels (or portions thereof), including Developer, shall be subject to this Covenant, which is intended to be and shall be construed as placing a reasonable burden on the use of the Covenant Parcels, which, among other provisions, were developed for use and enjoyment with Landscaping and Trails uses, as more particularly described in this Covenant. To the maximum extent permitted by law, this Covenant shall be construed as an expressed, valid, and enforceable deed restriction, restrictive covenant, or other similarly described encumbrance that runs with the Covenant Parcels. This Covenant shall be binding upon any person or entity that acquires any right, title, or interest in or to any portion or all of the Covenant Parcels. Furthermore, this Covenant is designed to create equitable servitudes and covenants running with the land, in accordance with the provisions of Civil Code Section 1468. The covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the Covenant Parcels, as the "burdened property," and shall be binding upon all persons or entities having any right, title or interest in the Covenant Parcels (or portion thereof) and their heirs, successive owners and assigns, and shall be binding upon the Developer, and its successors and assigns. Furthermore, the covenants, conditions, restrictions, reservations, equitable servitudes, liens, and charges set forth herein shall run with the City -Owned Street Property, as the "benefitted property," and shall inure to the benefit of the City and its successors and assigns, and may be enforced by the City and its successors and assigns. The Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Covenant Parcels is rendered less valuable thereby. The Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Covenant Parcels and by furthering public purposes for the City. In amplification and not in restriction of the provisions hereinabove, it is intended and agreed that the City is deemed a beneficiary of the covenants provided herein both for and in its own right and also for the purposes of protecting the interests of the community. All covenants without regard to technical classification or designation shall be binding for the benefit of the City and such covenants shall run in favor of the City, without regard to whether the City is or remains the owner of the City -Owned Street Property or of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by the City, which real property shall be deemed the benefited property of such covenants. The City shall have the right, in the event of any breach of this Covenant, to exercise all rights and remedies, and to maintain any action at law or in equity or other proper proceeding to enforce the curing of such breach of this Covenant. 698/015610-0065 10789699.3 a04/13/17 -5- 214 1.5 Recordina and Prioritv of Covenant. Upon complete execution and notarizing of this Covenant, the City shall cause to be recorded in the Recorder's Office this Covenant. The Covenant shall be recorded against each and every one of the Covenant Parcels and the City -Owned Street Property. This Covenant shall be recorded prior to the recording of any grant deed, including the "Grant Deed" as defined in the PSDA, or any other instrument conveying any right, title, or interest to any of the Covenant Parcels (or portions thereof) from the City, and this Covenant shall have priority over and shall not be made subordinate to any mortgage, deed of trust, or other encumbrance recorded against the Covenant Parcels. 1.6 Covenant Parcels Free of Mechanic's Liens. The owner of the Covenant Parcels (or any portion thereof) shall pay when due all claims for labor performed and materials furnished in connection with the Covenant Parcels. No mechanics', materialmen's or other professional services liens (as contrasted with consensual monetary liens such as construction and/or permanent financing approved by the City and subject to this Covenant) shall be permitted against the Covenant Parcels (or any portion thereof) for any work done or materials furnished in connection with the performance of any contractor or construction work to be completed on the Covenant Parcels; provided, however, that the owner of the Covenant Parcels (or portion thereof) may contest the validity of any such lien, but upon a final determination of the validity thereof, the owner of the Covenant Parcels (or portion thereof) subject to such a lien shall cause the lien to be satisfied and released of record. The owner of the Covenant Parcels (or portion thereof) shall, within thirty (30) days after receipt of written notice of any encumbrance by any such lien or claim of lien, (i) cause any such outstanding lien or claim of lien to be released of record or transferred to bond in accordance with applicable law, or (ii) give such assurance as would enable a title insurance company to insure over such lien or claim of lien. 2. REQUIREMENT TO MAINTAIN LANDSCAPING AND TRAILS 2.1 Outer Perimeter. Subject to the terms and conditions in the PSDA, sixty feet (60 ft.) from Avenue 52 for Parcels ; sixty feet (60 ft.) from Jefferson Street for Parcels , , and sixty feet (60 ft.) from Avenue 54 for Parcels shall remain open and available for public use on pedestrian trails and landscaping, which all shall be maintained in a first-class condition, and related uses that are consistent with the SilverRock Resort Area, the Specific Plan, and other permits and entitlements that further the historic, first-class experience at the SilverRock Resort. 698/015610-0065 10789699.3 a04/13/17 215 2.2 Dedications and Improvements. Nothing in this Covenant shall release or relieve Developer from making any offers of dedications to the City or other applicable public agency, or complete those public improvements in connection with the development of the SilverRock Resort Area, as may be required by any conditions of approval, the Parcel Map, or any other requirement imposed by the City. 3. [RESERVED] 4. DEFAULT AND REMEDIES. 4.1 City Rights. In the event of failure by Developer or any successor in interest that has any ownership interest in the Covenant Parcels (or any portion thereof) to perform any material term or provision of this Covenant, the City shall have those rights and remedies provided in this Covenant and shall have any and all rights and remedies available at law or in equity, including but not limited to immediate and permanent injunctive relief. 4.2 Notice and Cure of Default. Upon the receipt of the notice of default by the City, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days, such Party shall commence to cure, correct, or remedy such default within such ten (10) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion, provided that such cure, correction or remedy is completed with sixty (60) days of the notice of default. 698/015610-0065 10789699.3 a04/13/17 -7- 216 5. MISCELLANEOUS 5.1 Notices. Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Covenant must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same - day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke To Developer: SilverRock Development Company, LLC c/o The Robert Green Company 3551 Fortuna Ranch Road Encinitas, California 92024 Attn- Robert Green With a copy to: Clinton L. Blain, Attorney at Law 3990 Old Town Avenue, Suite B-101 San Diego, California 92110 Phone: 619-584-1600 Attention: Clinton Blain, Esq. Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 5.2 Force Majeure. Performance by a Party hereunder or any successor in interest to the Covenant Parcels (or portion thereof) shall not be deemed to be in default, and all performance and other dates specified in this Covenant shall be extended, where delays or Defaults are due to causes beyond the control or without the fault of the Party claiming an extension of time to perform, which may include the following (each, a "Force Majeure"): war; insurrection; acts of terrorism; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental 698/015610-0065 10789699.3 a04/13/17 217 restrictions prohibiting the use of the Covenant Parcels as specified in this Covenant; unusually severe weather; inability to secure labor, materials or tools necessary for the operation of the uses specified in this Covenant; and delays of any contractor, subcontractor or supplier that are not attributable to the owner of the Landscaping and Trails Parcels. Notwithstanding anything to the contrary in this Covenant, an extension of time for any such cause shall only be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other Party within thirty (30) days of the commencement of the cause. 5.3 Bindina Effect. This Covenant, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the City, any subsequent owner of all or any portion of the Covenant Parcels, and their respective assigns, heirs or successors in interest, whether or not any reference to this Covenant is contained in the instrument by which such person acquired an interest in the Covenant Parcels. 5.4 Non -liability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable for any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this Covenant, or for any act or omission on the part of City. 5.5 Covenant Aaainst Discrimination. There shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Covenant. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 5.6 Attorney's Fees and Costs for Prevailing Party. If there is an action against one Party by reason of the default of any term or condition in this Covenant, or otherwise arising out of this Covenant, the unsuccessful Party shall pay to the prevailing party its attorney's fees and costs, which shall be payable whether or not such action is prosecuted to judgment, and shall include fees and costs of appeal, if any. The term "prevailing party" shall include, without limitation, a party who obtains substantially the relief sought whether by compromise, settlement or judgment. 5.7 Severability. If any term or condition of this Covenant is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Covenant shall continue in full force and effect, to the extent that the invalidity or 698/015610-0065 10789699.3 a04/13/17 -9- 218 unenforceability does not impair the application of this Covenant to maintain the Landscaping and Trails uses, and related uses, as provided herein. Time is of the essence in the performance of this Covenant and of each and every term and condition hereof as to which time is an element. 5.9 Recitals & Exhibits Incorporated. The Recitals to this Covenant and all of the exhibits and attachments to this Covenant are, by this reference, incorporated into this Covenant and made a part hereof. 5.10 Authority to Execute; Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Covenant, (iii) by so executing this Covenant, Developer is formally bound to the provisions of this Covenant, (iv) Developer's entering into and performance of its obligations set forth in this Covenant do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Covenant. 5.11 City Approvals and Actions. Whenever a reference is made in this Covenant to an action or approval to be undertaken by the City, the City Manager or his or her authorized designee is authorized to act on behalf of the City unless this Covenant specifically provides otherwise, including but not limited to provisions in this Covenant when the City Council must review and take action, or the law requires otherwise. The City Manager or his or her authorized designee shall have the authority to implement this Covenant, including the authority to negotiate and sign on behalf of the City implementing agreements and other documents, so long as the substantive provisions of this Covenant are maintained. Nothing in this paragraph prevents or shall be construed as preventing the City Manager from taking any review, approval request, or other action relating to this Covenant to the City Council for its review and action. 5.12 Governina Law. The internal laws of the State of California shall govern the interpretation and enforcement of this Covenant without regard to conflicts of law principles. Any action at law or in equity brought by for the purpose of enforcing, construing, or interpreting the validity of this Covenant or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county. 698/015610-0065 10789699.3 a04/13/17 -10- 219 5.13 Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Covenant in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Covenant. 698/015610-0065 10789699.3 a04/13/17 [end — signature page follows] -11- 220 IN WITNESS WHEREOF, Developer and City have executed this Covenant as of the Reference Date. Date: 12017 Date: , 2017 "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: RGC La Quinta II, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer [Signatures continued on next page] 698/015610-0065 10789699.3 a04/13/17 -1 2- 221 "CITY" CITY OF LA QUINTA, a California municipal corporation and charter city Date: , 2017 By: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP William H. Ihrke, City Attorney 698/015610-0065 10789699.3 a04/13/17 -13- Frank J. Spevacek, City Manager 222 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of STATE OF CALIFORNIA COUNTY OF On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10789699.3 a04/13/17 Name: Notary Public -14- 223 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of STATE OF CALIFORNIA COUNTY OF On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 698/015610-0065 10789699.3 a04/13/17 Name: Notary Public -15- 224 MASTER PLAN SILVERROCK RESORT LA QUINTA, CALIFORNIA NOWMBER 29, 2016 698/015610-0065 10789699.3 a04/13/17 EXHIBIT "A" 1 III ROBERT GREEN "0M11AN) 225 � ` b q��o. ©�'l `Fjfj it m1 jai 19/015610-0065 0789699.3a0413/17 EXHIBIT "B" 226 EXHIBIT "C" LEGAL DESCRIPTIONS OF COVENANT PARCELS [To be inserted] 698/01561-0065 1107789 99.3 a04 13/17 EXHIBIT ` Ci" 227 228 FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 6103 and 27383) PHASE 1A OPTION AGREEMENT THIS PHASE 1A OPTION AGREEMENT ("Phase 1A Option Agreement") is made this day of , 2016 (the "Phase 1A Option Agreement Effective Date"), by and between SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), and the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"). City and Developer are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Developer has entered into a Purchase, Sale, and Development Agreement dated November 19, 2014 (the "PSDA"), pursuant to which City agreed to convey to Developer approximately one hundred forty-five (145) acres of real property located at the southwest intersection of Avenue 52 and Jefferson Street in the City of La Quinta, County of Riverside, State of California (the "PSDA Property"), in two (2) phases, referred to in the PSDA as "Phase 1" or the "Phase 1 Property" and "Phase 2" or the "Phase 2 Property." The PSDA Property is legally described in Exhibit "A", which is attached hereto and incorporated herein by this reference. Unless otherwise expressly defined in this Phase 1A Option Agreement, capitalized terms used in this Phase 1A Option Agreement shall have the meanings ascribed thereto in the PSDA. B. Pursuant to the PSDA, Developer has agreed to construct on the PSDA Property a commercial development that consists of a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities (collectively, the "Project"). C. The PSDA requires that in connection with City's conveyance of the Phase 1 Property and Phase 2 Property to Developer, Developer is required to grant to City (i) an option to repurchase the Phase 1 Property or Phase 2 Property (as applicable), or certain portions thereof, from Developer on the occurrence of certain events. D. Phase 1 of the Project includes the Golf Course Realignment. The PSDA requires the Golf Course Realignment to be completed during Summer or late Spring, 882/015610-0065 9490862.4 a04/13/17 229 when play at the Golf Course is at a minimum. Pursuant to that certain Implementation Agreement entered into between City and Developer on or about May _, 2016 (the "Implementation Agreement"), City agreed (i) to permit Developer to perform the Golf Course Realignment work prior to the Phase 1 Closing, and (ii) upon Developer's completion of the Golf Course Realignment, to convey to Developer as security for Developer's financing for the Golf Course Realignment the portions of Phase 1 commonly referred to as "PA 2" (Luxury Hotel site), "PA 3" (Luxury Branded Residential Development site), and "PA 4" (Conference and Shared Service Facility site) (collectively, the "Phase 1A Property"), all prior to the time Developer satisfies all of City's Conditions Precedent to the Closing for Phase 1. E. The Implementation Agreement requires that in connection with City's conveyance of the Phase 1A Property to Developer, Developer is required to enter into this Phase 1A Option Agreement for purposes of granting to City (i) an option to repurchase the Phase 1A Property from Developer if Developer (a) fails to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the balance of the Phase 1 Property (e.g., the Phase 1 Property less the Phase 1A Property (the "Remaining Phase 1 Property")) by the Outside Date for Phase 1 Closing, or (b) transfers the Phase 1A Property, or any portion thereof, in violation of the terms of the PSDA; and (ii) a right of first offer to purchase the Phase 1A Property, or any portion thereof, if (1) City's option under (i)(a) or (i)(b) above has been triggered, (11) City did not timely exercise the applicable option, (III) the default which gave rise to City's option has not been cured, and (IV) Developer has determined to sell or otherwise transfer the Phase 1A Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating the above Recitals and all of the terms and conditions contained in the Implementation Agreement and PSDA, Developer hereby grants to City the following repurchase options: 1. Option I - Failure to Satisfy City's Conditions Precedent to the Closing for Phase 1 and Acquire Remaining Phase 1 Property Developer hereby grants to City an exclusive option to repurchase all, but not less than all, of the Phase 1A Property ("Option I"), if Developer fails to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the Remaining Phase 1 Property by the Outside Date for Phase 1 Closing. In the event of Developer's failure to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the Remaining Phase 1 Property by the Outside Date for Phase 1 Closing, and such failure is not cured within the cure period provided for under Sections 4(b) and 4(c) below, then City shall be entitled to exercise, but is not obligated to exercise, the foregoing option for a period of sixty (60) days following the expiration of such cure period (the "Option I Period"). (a) Exercise of Option City shall exercise Option I by giving written notice to Developer ("City's Notice of Option 1 Exercise"), in accordance with Section 5 of this Phase 1A Option 882/015610-0065 9490862.4 a04/13/17 -2- 230 Agreement, prior to the expiration of the Option I Period. Failure of City to exercise Option I shall constitute a waiver of City's right to exercise Option I, but shall not constitute a waiver by City of Developer's breach of its obligation to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the Remaining Phase 1 Property by the Outside Date for Phase 1 Closing or of any remedies City may have under the terms of the PSDA or under any other agreement for Developer's failure to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the Remaining Phase 1 Property by the Outside Date for Phase 1 Closing. (b) Repurchase Price - Option I City's repurchase price for the Phase 1A Property ("Option I Repurchase Price"), shall be the sum of (i) one hundred percent (100%) of "Developer's Golf Course Realignment Construction Costs," and (ii) the cost of any Plans City elects to purchase pursuant to Section 4(i) below with respect to (a) the Master Site Infrastructure Improvements, and/or (b) any Project Components comprising the Project. For purposes of this Phase 1A Option Agreement, the term "Developer's Golf Course Realignment Construction Costs" shall mean the construction costs actually incurred by Developer for construction of the Golf Course Realignment and related on - site and off -site work, as determined by an independent audit (the "Golf Course Realignment Cost Audit"), performed by [insert before the Phase 1A Closing the name of a third party, independent auditor who shall be selected by City and be a partner at a nationally recognized firm of accountants with experience in auditing large-scale, mixed use construction projects (the "Auditor"), which costs shall consist only of: (1) the amount(s) paid by Developer to the contractor or contractors performing the construction, (11) reasonable inspection, supervision, and testing costs paid by Developer to independent third party engineers, architects, or consultants in conjunction with said construction, and (III) any amounts paid by Developer to material suppliers and equipment suppliers in connection with the construction (but, subject to the immediately preceding paragraph, not including any costs, fees, charges, or profits allocated to Developer's own internal administrative, payroll, or overhead expenses or to any person or entity affiliated with Developer). Developer shall promptly provide City and the Auditor with all records and documentation necessary for the Auditor to perform the Golf Course Realignment Cost Audit. 2. Option I I - Transfer of the Phase 1 A Property, or Portion Thereof, Prior to Transfer of Remaining Phase 1 Property to Developer Developer hereby grants to City an exclusive option ("Option II") to repurchase all, but not less than all, of the Phase 1A Property if, prior to the time (i) Developer satisfies all of City's Conditions Precedent to the Closing for Phase 1, (ii) City transfers the Remaining Phase 1 Property to Developer, and (iii) this Phase 1A Option Agreement is terminated, Developer transfers or suffers an involuntary transfer of the Phase 1A Property or any portion thereof in violation of the terms of the PSDA. In the event of Developer's transfer of the Phase 1A Property or any portion thereof in violation of the PSDA (an "Unauthorized Transfer"), City shall be entitled to 882/015610-0065 9490862.4 a04/13/17 -3 231 exercise, but is not obligated to exercise, the foregoing option for sixty (60) days following the later of (a) the date of the Unauthorized Transfer that gives rise to City's option under this Section 2, or (b) City's discovery of the Unauthorized Transfer that gives rise to Option II ("Option II Period"). (a) Exercise of Option City shall exercise Option II by giving written notice to Developer ("City's Notice of Option II Exercise"), in accordance with Section 5 of this Phase 1A Option Agreement, prior to the expiration of the Option II Period. Failure of City to exercise Option II shall constitute a waiver by City of City's right to exercise Option II only with respect to the specific Unauthorized Transfer that gave rise to Option II, but shall not constitute a waiver by City of Developer's breach of the transfer provisions in the PSDA or pursuant to this Phase 1A Option Agreement, or of any remedies City may have under the terms of the PSDA or under any other agreement for Developer's transfer or sufferance of an involuntary transfer of the Phase 1A Property or any portion thereof. (b) Repurchase Price - Option II City's repurchase price for the Phase 1A Property ("Option II Repurchase Price") shall be the sum of (i) one hundred percent (100%) of Developer's Golf Course Realignment Construction Costs, and (ii) the cost of any Plans City elects to purchase pursuant to Section 4(i) below with respect to (a) the Master Site Infrastructure Improvements, and/or (b) any Project Components comprising the Project. 3. Citv's Riaht of First Offer Developer hereby grants to City a right of first offer ("City's Right of First Offer") to purchase all, but not less than all, of the Phase 1A Property, in accordance with the terms and conditions in this Section 3, in the event that (i) City has had the right to exercise Option I or Option II and has failed to exercise or has elected not to exercise Option I or Option II (as applicable) in accordance with the terms of this Phase 1A Option Agreement and Developer's default that gave rise to Option I or Option II (as applicable) has not been cured, and (ii) Developer has determined to sell or otherwise transfer the Phase 1 A Property or portion thereof. (a) Developer's Notice to City; City's Election In the event that the circumstances described in clauses (i) and (ii) of the immediately preceding paragraph exist, then prior to entering into any transaction with a third party concerning the sale of any of the Phase 1A Property, Developer shall provide City with written notice of Developer's intent to sell such Phase 1A Property, and Developer's proposed sale price for the same ("Developer's Sale Notice"). City shall have sixty (60) days after receiving Developer's Sale Notice to notify Developer, in writing, of City's election to exercise City's Right of First Offer to acquire the Phase 1A Property, at the lesser of (1) the price noted in Developer's Sale Notice, or (2) the sum of one hundred percent (100%) of Developer's Golf Course Realignment Construction Costs ("City's Election to Exercise"), regardless of whether Developer's proposed sale or transfer included all of the Phase 1 A Property. 882/015610-0065 9490862.4 a04/13/17 -4- 232 (b) City's Failure to Exercise City's failure to deliver to Developer City's Election to Exercise within such sixty (60) day period shall be deemed City's election not to exercise City's Right of First Offer and, except as provided below, City's Right of First Offer with respect to the Phase 1A Property shall then terminate and City shall have no further right of first offer with respect to the Phase 1A Property. If City elects not to exercise (or is deemed to have elected not to exercise) City's Right of First Offer then Developer may sell the Phase 1A Property or portion thereof to a third party purchaser; provided, however, that in the event Developer determines to sell the Phase 1A Property or portion thereof at a price that is less than the price set forth in Developer's Sale Notice (determined on a proportional basis if the portion of the Phase 1A Property differs from the prior Developer's Sale Notice), Developer shall provide City with a written notice of Developer's intent to sell the Phase 1A Property or portion thereof, with Developer's new proposed sale price for the same ("Developer's Second Sale Notice"), and City's Right of First Offer shall again apply with respect to the Phase 1A Property, in accordance with the process outlined in subparagraph (a) above and this subparagraph (b). (c) Transfer Restrictions of PSDA Notwithstanding the foregoing, nothing herein is intended to or shall have the effect of waiving the transfer restrictions set forth in the PSDA, and any proposed sale or transfer by Developer shall be effected in accordance with the same. 4. Additional Terms Applicable to the Repurchase Options The following additional terms shall apply to Option I, Option II, and City's Right of First Offer: (a) Successors and Assigns. Option I, Option II, and City's Right of First Offer created hereby shall be irrevocable by Developer and shall be binding upon the successors and assigns of Developer and on the Phase 1A Property. (b) Developer's Right to Cure Certain Defaults. Notwithstanding anything in this Phase 1A Option Agreement to the contrary, City shall not be entitled to exercise Option I until City has provided a written notice to Developer regarding Developer's failure to satisfy all of City's Conditions Precedent to the Closing for Phase 1 and acquire the Remaining Phase 1 Property (the "Option Triggering Event"), and Developer has not, within sixty (60) days after receipt of such notice, cured, corrected, or remedied such Option Triggering Event or, if Developer cannot reasonably cure, correct or remedy such Option Triggering Event within sixty (60) days, commenced to cure, correct or remedy such Option Triggering Event within said sixty (60) day period, and diligently prosecute the same to completion. (c) Notice of Default to Mortgagee or Deed of Trust Holders; Right to Cure._ With respect to any mortgage or deed of trust granted by Developer, whenever City may deliver any notice or demand to Developer with respect to an Option Triggering Event, City shall at the same time deliver a copy of such notice or demand to 882/015610-0065 9490862.4 a04/13/17 -5- 233 each holder of record of any mortgage or deed of trust which has previously requested such notice in writing. Each such holder shall (insofar as the rights granted by City are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy and thereafter to pursue with due diligence the cure or remedy of any such default and to add the cost thereof to the mortgage debt and the lien of its mortgage. It is understood that a holder shall be deemed to have satisfied the sixty (60) day time limit set forth above for commencing to cure or remedy a Developer default which requires title and/or possession of the Phase 1A Property (or portion thereof) if and to the extent any such holder has within such sixty (60) day period commenced proceedings to obtain title and/or possession and thereafter the holder diligently pursues such proceedings to completion and cures or remedies the default. (d) No City Obligation. Notwithstanding any covenant, term, or provision in this Section 4 to the contrary, City shall not be obligated to exercise Option I, Option ll, or City's Right of First Offer. (e) Termination of Phase 1A Option Agreement. City agrees to execute a termination of this Phase 1A Option Agreement at such time as (i) Developer has satisfied all of City's Conditions Precedent to Phase 1 Closing, (ii) Developer has acquired fee title to the Remaining Phase 1 Property, and (iii) City and Developer have executed and recorded against the Phase 1 Property (including the Phase 1A Property) an option agreement substantially in the form of the option agreement attached to the PSDA as Attachment No. 7, but modified to reflect the earlier transfer of the Phase 1A Property pursuant to the Implementation Agreement. (f) City's and City's Assignee's Investigation of Phase 1A Property. i) City shall have a period of forty-five (45) days, commencing on the date of an event that triggers City's ability to exercise any of Option I, Option II, or City's Right of First Offer, to enter upon the Phase 1 A Property to conduct any tests, inspections, investigations, or studies of the condition of the Phase 1A Property (the "Phase 1A Option Agreement Tests and Investigations"). Developer shall permit City access to the Phase 1A Property for such purposes. City's obligation to close "Escrow" (as that term is defined in Section 7(g) below) shall be subject to City's approval of any environmental and other site testing conducted by City in City's discretion. City shall indemnify, defend, and hold harmless Developer and its officers, directors, shareholders, employees, agents, and representatives from and against all claims, liabilities, or damages, and including expert witness fees and reasonable attorney's fees and costs, arising out of any such testing, inspection, or investigatory activity on the Phase 1A Property. ii) In the event City assigns its rights under this Phase 1A Option Agreement, City's assignee shall have the right to enter upon the Phase 1A Property during the period commencing on the later of (i) the date of City's assignment provided City was entitled to and has exercised Option I, Option II, or the Right of First Offer, or (ii) the date the assignee is entitled to and does in fact exercise Option I, Option II, or the Right of First Offer and ending on the "Closing Date" (as that term is defined in Section 4(g) below) to conduct any Phase 1A Option Agreement Tests and 882/015610-0065 9490862.4 a04/13/17 -6- 234 Investigations elected by the assignee. Developer shall permit City's assignee access to the Phase 1A Property for such purposes, provided that, prior to any entry upon the Phase 1A Property by such assignee or its employees, agents, representatives or consultants, City shall cause such assignee to provide Developer with evidence that it has a liability insurance policy that names Developer as an additional insured, which policy shall have limits of coverage and be on terms reasonably acceptable to Developer. City's obligation to close "Escrow" (as defined in Section 4(g) below) shall be subject to City's assignee's approval of any environmental and other site testing conducted by said assignee in said assignee's discretion. City shall cause said assignee to indemnify, defend, and hold harmless Developer and its officers, directors, shareholders, employees, agents, and representatives from and against all claims, liabilities, or damages, and including expert witness fees and reasonable attorney's fees and costs, arising out of any such testing, inspection, or investigatory activity on the Phase 1A Property. (g) Escrow Provisions. i) Within five (5) business days after City has exercised Option I, Option II, or City's Right of First Offer (as applicable), or as soon thereafter as reasonably practicable, an escrow shall be opened ("Escrow") with an escrow company selected by City ("Escrow Holder") for the reconveyance to City of the Phase 1A Property. Escrow shall be deemed opened on the date that a fully executed copy of this Phase 1A Option Agreement and a notice of exercise of option prepared by City are delivered to Escrow Holder ("Opening of Escrow"). Escrow Holder shall notify Developer and City in writing of the date of the Opening of Escrow promptly following the opening of the Escrow. ii) Escrow shall close on or before the date that is six (6) months after occurrence of the event giving rise to City's exercise of Option I, Option II, or City's Right of First Offer ("Close of Escrow" or "Closing Date"). The terms "Close of Escrow" and "Closing Date" shall mean the date the grant deed conveying fee title to City ("City Grant Deed") is recorded in the Official Records. Possession of the Phase 1A Property shall be delivered to City at the Close of Escrow. iii) This Phase 1A Option Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of Developer and City to Escrow Holder as well as an agreement between Developer and City. In the event of any conflict between the provisions of this Phase 1A Option Agreement and Escrow Holder's standard instructions, this Phase 1A Option Agreement shall prevail. iv) The Escrow shall be subject to City's approval of a then - current preliminary title report. Any monetary lien(s) or encumbrance(s) shown on such preliminary title report that is (are) created concurrent with or after the close of escrow that conveyed the Phase 1A Property from City to Developer shall be removed by Developer at its sole expense prior to or at the Close of Escrow pursuant to this Section 7(g) unless such exception(s) is (are) accepted by City in its sole discretion; provided, however, that City shall accept the following exceptions to title: (i) current taxes not yet delinquent, (ii) matters affecting title existing on the date of recordation of the grant deed 882/015610-0065 9490862.4 a04/13/17 -7- 235 to the Phase 1A Property to Developer (substantially in the form of Attachment No. 4 to the PSDA), and (iii) matters shown as printed exceptions in the standard form ALTA policy of title insurance. v) On or before 1:00 p.m. on the last business day preceding the scheduled Closing Date, City shall deposit in Escrow (i) the applicable of the Option I Repurchase Price, the Option II Repurchase Price, the price noted in Developer's Sale Notice or Developer's Second Sale Notice (as applicable) (the "Right of First Offer Repurchase Price"); (ii) one-half (1/2) of the escrow fees; (iii) the portion of the title insurance premium attributable to any extra or extended coverages, or any additional charge resulting from City's request that the amount of insurance be higher than the applicable of the Option I Repurchase Price, the Option II Repurchase Price, or the Right of First Offer Repurchase Price; and (iv) any and all additional instruments or other documents required from City (executed and acknowledged if appropriate) as may be necessary in order to effect the transfer of the Phase 1 A Property to City. On or before 1:00 p.m. on the last business day preceding the scheduled Closing Date, Developer shall deposit in Escrow (i) the City Grant Deed, executed and acknowledged; (ii) one-half (1/2) of the escrow fees; and (iii) any and all additional instruments or other documents required from Developer (executed and acknowledged if appropriate) as may be necessary in order to effect the transfer of the Phase 1A Property to City. Developer shall also be required to pay for documentary tax stamps and recording fees, if any, and for an ALTA standard form owner's policy of title insurance in the amount of the Option I Repurchase Price, the Option II Repurchase Price, or the Right of First Offer Repurchase Price (as applicable), showing title vested in City free and clear of all liens and encumbrances except those permitted by subparagraph iv) above (the "Title Policy"). City's receipt of the Title Policy shall be a condition to the Close of Escrow. Any other costs and expenses shall be allocated between the Parties in the manner customary for a commercial property conveyance in Riverside County. vi) If, on or before the Closing Date, Escrow Holder has received all of the documents and funds listed in subparagraph (v) above, and Escrow Holder is in a position to cause the Title Policy to be issued to City, and provided City has approved of the condition of the Phase 1A Property, Escrow Holder shall close the Escrow by taking the following actions: (a) recording the City Grant Deed in the Official Records, and delivering the recorded City Grant Deed to City; (b) causing the Title Policy to be issued to City; and (c) delivering the applicable of the Option I Repurchase Price, the Option II Repurchase Price, or the Right of First Offer Repurchase Price to Developer. (h) City's Right to Acquire the Phase 1A Property. Notwithstanding anything herein to the contrary, upon City's exercise of Option I, Option II, or City's Right of First Offer pursuant to the terms of this Agreement, Developer's commencement to cure the default that led to City's exercise shall not affect City's right to close the Escrow and acquire the Phase 1 A Property. (i) City's Right to Purchase Plans. At the time City exercises any of Option I, Option 11, or City's Right of First Offer, City shall also have the right, which City may exercise in its sole and absolute discretion, to purchase from Developer for the actual cost Developer incurred in preparing the same, any of the plans, blueprints, 882/015610-0065 9490862.4 a04/13/17 -8- 236 drawings, sketches, specifications, tentative or final subdivision maps, landscape plans, utilities plans, soils reports, noise studies, environmental assessment reports, grading plans and any other materials (collectively, the "Plans") relating to (i) all of the Master Site Infrastructure Improvements designated pursuant to the PSDA to be constructed on the Property, and/or (b) all or any of the Project Components designated pursuant to the PSDA to be constructed on the Property, together with copies of all of the Plans, as have been prepared for the development of the Property to date of City's exercise of Option I, Option II, or City's Right of First Offer (as applicable). Notwithstanding the foregoing, however, Developer does not covenant to convey to City the copyright or other ownership rights of third parties. City's acquisition or use of the Plans or any of them shall be without any representation or warranty by Developer as to the accuracy or completeness of any such Plans, and City shall assume all risks in the use of the Plans. 0) City's Repurchase Price Reflects Reasonable Approximation of Damages. City and Developer agree that City has the right to either proceed with its remedies under the PSDA or to exercise Option I or Option II. Notwithstanding anything to the contrary herein or in the PSDA, in the event City exercises either of Option I or Option II (as applicable) to acquire the Phase 1 A Property, City shall be deemed to have elected to waive the remedies to which it would otherwise be entitled under the PSDA. City and Developer agree that City will incur damages by reason of the default that gave rise to City's ability to exercise Option I or Option II (as applicable), which damages shall be impractical and extremely difficult, if not impossible, to ascertain. City and Developer, in a reasonable effort to ascertain what City's damages would be in the event of such default by Developer, have agreed that considering all of the circumstances existing on the date of this Phase 1A Option Agreement, including the relationship of the sum to the range of harm to City that reasonably could be anticipated, including without limitation the potential loss of tax revenue to the City of La Quinta, and the anticipation that proof of actual damages would be costly or inconvenient, the exercise by City of Option I or Option II (as applicable), and the payment by City of the Option I Repurchase Price or the Option II Repurchase Price (as applicable) and the conveyance of the Phase 1 A Property by Developer to City, is fair and reasonable. City and Developer agree that the Option I Repurchase Price or Option II Repurchase Price (as applicable) reflect a reasonable estimate of City's damages under the provisions of Section 1671 of the California Code of Civil Procedure and shall operate as liquidated damages to City if City exercises Option I or Option II (as applicable). If City does not exercise Option I or Option 11, then City shall retain and may exercise all of its rights and remedies as set forth in any other agreement, including, but not limited to, the PSDA. 5. Notices. Demands and Communications Between the Parties Formal notices, demands, and communications between City and Developer shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: 882/015610-0065 9490862.4 a04/13/17 -9- 237 To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard., Suite 1400 Costa Mesa, California 92626 Attn: William H. Ihrke, Esq. To Developer: SilverRock Development Company, LLC c/o The Robert Greene Company 3551 Fortuna Ranch Road Encinitas, California 92024 Attn: Robert Green With a copy to: Clinton L. Bain, Attorney at Law 3990 Old Town Avenue, Suite B-101 San Diego, California 92110 Attn: Clinton Blain, Esq. Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either Party may from time to time designate by mail. 6. Applicable Law and Forum; Attorney's Fees The Superior Court of the State of California in the County of Riverside shall have the exclusive jurisdiction of any litigation between the Parties arising out of this Phase 1A Option Agreement. This Phase 1A Option Agreement shall be governed by, and construed under, the internal laws of the State of California, without regard to conflict of law principles. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Phase 1A Option Agreement, including without limitation in this Section 6, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Phase 1A Option Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Phase 1A Option Agreement. Subject to Section 4(j) above, City shall also have the right to pursue damages for Developer's defaults but in no event shall Developer be entitled to recover damages of any kind from City, including damages for economic loss, lost profits, or any other economic or consequential damages of any kind. The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Service of process on City shall be made in the manner required by law for 882/015610-0065 9490862.4 a04/13/17 -1 0- 238 service on a public entity. Service of process on Developer shall be made in any manner permitted by law and shall be effective whether served within or outside of California. If either Party to this Phase 1A Option Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Phase 1A Option Agreement, the Party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for investigating such action, conducting discovery, retaining expert witnesses, and all other necessary costs the court allows which are incurred in such litigation. 7. City Right to Assign In the event City has the right to exercise any of Option I, Option II, or City's Right of First Offer, City shall have the right to assign its rights hereunder upon providing prior written notice to Developer pursuant to Section 5 of this Phase 1A Option Agreement, and thereafter entering into an assignment and assumption agreement with such assignee. 8. City Approvals and Actions City shall maintain authority of this Phase 1A Option Agreement and the authority to implement this Phase 1A Option Agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, negotiate and enter into amendments to this Phase 1A Option Agreement and/or negotiate and enter into implementing agreements or documents on behalf of City so long as such actions do not materially or substantially change the business terms of this Phase 1A Option Agreement, or materially or substantially add to the costs incurred or to be incurred by City as specified herein. Such approvals, interpretations, waivers, amendments, and/or implementing agreements or documents may include extensions of time to perform. All other material and/or substantial interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council. 9. Nonliability of City Officials and Employees No officer, official, employee, agent, or representative of City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by City, or for any amount which may become due to Developer or its successor, or for breach of any obligation of the terms of this Phase 1A Option Agreement. 10. Nondiscrimination Developer covenants for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry with respect to this Phase 1A Option Agreement or use of the Phase 1A Property. 882/015610-0065 9490862.4 a04/13/17 -11 - 239 11. Interpretation The terms of this Phase 1A Option Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Phase 1A Option Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Phase 1 A Option Agreement. 12. Entire Agreement This Phase 1A Option Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and, with the exception of the PSDA and Implementation Agreement, supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Phase 1A Option Agreement must be in writing and signed by the appropriate authorities of the Party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of City and Developer. 13. Counterparts This Phase 1A Option Agreement may be executed in counterparts, each of which, after all the Parties hereto have signed this Phase 1A Option Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 14. Severability In the event any section or portion of this Phase 1A Option Agreement shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the Parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the Parties as to all provisions set forth in this Phase 1A Option Agreement. 882/015610-0065 9490862.4 a04/13/17 -1 2- 240 IN WITNESS WHEREOF, the Parties have executed this Phase 1A Option Agreement as of the date first above written. "DEVELOPER" SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: RGC La Quinta II LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager Date: 12016 By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer Date: Date: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP William H. Ihrke, City Attorney By: RGC La Quinta, LLC, a Delaware limited liability company Its: Co -Manager By: The Robert Green Company, a California corporation Its: Manager 2016 By: Name: Robert S. Green, Jr. Its: President and Chief Executive Officer "CITY" CITY OF LA QUINTA a California municipal corporation and charter city 2016 By: Its: City Manager 882/015610-0065 9490862.4 a04/13/17 -1 3- 241 882/015610-0065 9490862.4 a04/13/17 -� 4' 242 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside C6]'i1 before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 882/015610-0065 9490862.4 a04/13/17 243 EXHIBIT "A" LEGAL DESCRIPTION OF THE PHASE 1A PROPERTY [To be inserted] 882/015610-0065 94908 2.4a0413/17 EXHIBIT "A" 244 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETINGS April 18, 2017 STAFF REPORT AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING TITLE 3 OF THE LA QUINTA MUNICIPAL CODE BY ADDING CHAPTER 3.35 RELATED TO REVENUE COLLECTION POLICY; CALIFORNIA ENVIRONMENTAL QUALITY ACT: FIND THE PROJECT EXEMPT PURSUANT TO SECTION 15061 (B)(3) RECOMMENDATION A. Move to take up Ordinance No. by title and number only and waive further reading. B. Move to introduce at first reading, Ordinance No. amending Title 3 of the La Quinta Municipal Code by adding Chapter 3.35 related to Policy for Revenue Collection. EXECUTIVE SUMMARY • In May 2016, the City Attorney presented a Department Report (Attachment 1) which stated that applying the existing Transient Occupancy Tax (TOT) to resort fees does not impose a new tax and the City does not need voter approval to do so. • The addition of Chapter 3.35 clarifies that the City will levy TOT on resort fees. FISCAL IMPACT - Staff estimates additional annual TOT revenue of $360,000. BACKGROUND/ANALYSIS In January 2016, the Advisory Committee's Final Report recommended applying the City's TOT rate to hotel resort fees. Resort fees are separate fees or charges imposed by a hotel operator for items and services that are part of the hotel accommodations. Currently, five other Coachella Valley cities include resort fees when calculating TOT. Staff met with management from the La Quinta Resort & Club and the Chateau at Lake La Quinta. Both properties levy resort fees and are aware of the City implementing TOT on resort fees. ALTERNATIV Staff does not recommend an alternative at this time. Prepared by: Gilbert Villalpando, Management Specialist Approved by: Frank J. Spevacek, City Manager Attachment: 1. May 2016 City Attorney - Department Report - TOT Rates to Resort Fees 245 246 ,s]:7111ZG1Z[4:11![0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 3.35 TO THE LA QUINTA MUNICIPAL CODE, RELATING TO THE POLICY TO REVENUE COLLECTION, AND CLARIFYING THE COLLECTION OF REVENUES UNDER EXISTING MUNICIPAL CODE PROVISIONS RELATING TO THE TRANSIENT OCCUPANCY TAX WHEREAS, Title 3 of the La Quinta Municipal Code relates to revenue and finance of the City of La Quinta ("City"); and WHEREAS, a citizens' advisory committee issued in January 2016 the Advisory Committee's Final Report, which, among other items, recommended maximizing revenues available to the City, including revenues that may be collected under the City's current Transient Occupancy Tax, commonly known as "TOT" or the "hotel tax"; and WHEREAS, on February 7, 2017, the City Council directed an ordinance be presented to the City Council for consideration, in furtherance of this recommendation from the Advisory Committee's 2016 Final Report. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1: Recitals. The foregoing recitals are true and correct and are incorporated herein as though set forth in full. SECTION 2: Authority. This ordinance is adopted pursuant to the authority granted by the California Constitution and state law, in addition to the La Quinta City Charter. SECTION 3: Adoption. Chapter 3.35 of the La Quinta Municipal Code is hereby added to the La Quinta Municipal Code, as written in Exhibit A attached hereto. SECTION 4: CEQA Determination. In adopting this Ordinance, the City Council finds that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Sections 15061(b)(3) and 15378, in that it can be seen with certainty that the adoption of the Municipal Code amendments propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 247 Ordinance No Adding Chapter 3.35 Adopted: Page 2 of 5 SECTION 5: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or existing provisions in the La Quinta Municipal Code. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6: Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 7: Posting. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this day of , 20_ by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) 248 Ordinance No Adding Chapter 3.35 Adopted: Page 3 of 5 APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 249 Ordinance No Adding Chapter 3.35 Adopted: Page 4 of 5 1:Y14TRTT A CHAPTER 3.35 is added to the La Quinta Municipal Code, to read: CHAPTER 3.35 POLICY FOR REVENUE COLLECTION 3.35.010 General Policy. It is the policy of the city to maximize the receipt of revenue, authorized to be collected by the city pursuant to this code, to the maximum extent permitted by law. 3.35.020 Fees and Charges Covered by Transient Occupancy Tax. In clarification of existing provisions in this code, and in furtherance of the policy set forth in this chapter, "rent" as defined in Section 3.24.020(E) includes any and all resort fees or charges that are part of the amount of the consideration charged or chargeable to the tenant or person entitled to occupancy, for occupancy of space, valued in money whether received in money, goods, labor or otherwise. 250 Ordinance No Adding Chapter 3.35 Adopted: Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. SUSAN MAYSELS, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. SUSAN MAYSELS, City Clerk City of La Quinta, California 251 252 ATTACHMENT 1 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: City Attorney's Office Bill Ihrke DATE: May 17, 2016 SUBJECT: ABILITY TO APPLY EXISTING TRANSIENT OCCUPANCY TAX (TOT) RATES TO RESORT FEES Per the Council's request, our office confirms that the application of existing TOT rates may include resort fees charged to hotel guests by a hotel operator without the need for voter approval if no new tax or increase in the current TOT rates would occur. State law enables cities to tax guests (transients) staying 30 days or less in resorts, hotels, motels, and similar lodgings. (Rev. & Tax Code §§ 7280 et seq.) Imposing or increasing a TOT is subject to voter approval requirements. (Cal. Const., art. XIIIC, § 2.) Some cities' TOT taxes are expressed as a flat rate per night, but most taxes, like La Quinta's TOT tax, are expressed as a percentage of room rent. The City's TOT ordinance currently imposes an 11% rate on group hotels and 10% rate on all other hotels.' The operative provisions of the City's tax provide, in pertinent part: For the privilege of occupancy in any group hotel or hotel, each transient is subject to, and shall pay a tax in the amount of eleven percent of the rent charged by the operator or otherwise payable by the transient for group hotels and ten percent for all other hotel occupancy. (La Quinta Municipal Code (LQMC) § 3.24.030 [emphasis added].) In La Quinta, "rent" is defined, in pertinent part, as: [T]he amount of the consideration charged or chargeable to the tenant or person entitled to occupancy, for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including the full value of receipts, cash, credits, property or services of any kind or nature, without any deductions ' "Hotels" are any structure or portion thereof occupied or intended for occupancy by transients. "Group hotels" are hotels that have: (1) 125 or more rooms, (2) Group meeting space for 50 or more people, and (3) On -site sales efforts for group meetings. (LQMC § 3.24.020.) 253 whatsoever. Rent may have been, or may be in part, payable or paid prior to or following (in whole or in part) the occupancy to which it is attributable, and may have been paid in whole or in part in advance on a long-term basis, such as in a time-share project or similar arrangement. (LQMC § 3.24.020(E).) The former Advisory Committee's January 2016 Final Report (Final Report) recommended, among other revenue -related proposals, including resort fees when applying the City's existing TOT tax rates. Our office understands "resort fees" generally to mean separate fees or charges imposed by a hotel operator for items and services that are part of the accommodations, such as extra linens, fixture use, and maid services. According to the Final Report, some cities in the Coachella Valley include resort fees when calculating the TOT tax, and other cities do not. However, as long as the inclusion of resort fees does not impose a new tax or increase the existing TOT rate, as proposed by the Final Report, the City may collect TOT at the existing rates inclusive of resort fees, and the Council may amend the TOT ordinance without the need for voter approval. The City appears to have the authority to apply the existing TOT rates inclusive of resort fees without need for amendment to the LQMC. To the extent a hotel operator charges resort fees "for the occupancy of space," those resort fees are covered under the current definition of "rent" and subject to being included within the calculation of the TOT tax. (LQMC §§ 3.24.020(E), 3.24.030.) According to the Final Report, however, La Quinta's current practice is to levy the TOT rate on the room rate only, which is certainly consistent with the definition of "rent" applying to "occupancy of space." If the Council amends the TOT ordinance - which it has in the past to modify a definition without imposing a new tax or rate increase - the amendment may clarify the existing law in that "rent" includes amounts for any fees charged in connection with items or services, not otherwise taxed by the City, which are provided as part of the occupancy and accommodations provided by the operator to a guest. Based on a survey of other municipal codes, recent State appellate cases reviewing TOT ordinances, and State Board of Equalization (BOE) laws, such a clarification amendment would be consistent with language in other municipal TOT ordinances and allowances under State law. The City Attorney's Office is available for questions from Council, and the City Manager plans to meet with the La Quinta Resort (currently the only property that charges resort fee) to discuss this matter. 254 City of La Quinta CITY COUNCIL MEETING: APRIL 18, 2017 STAFF REPORT AGENDA TITLE: DEVELOPMENT SERVICES - 2017 UPDATE RECOMMENDATION Receive Development Services 2017 Update. EXECUTIVE SUMMARY STUDY SESSION ITEM NO. 1 In October 2013, the City invested in development permit, project, business license and short-term vacation rental process improvements by acquiring and implementing TRAKiT, a central software system. 2017 key goals are to further improve customer service, internal and external communications, accessibility and transparency, and trans -divisional process uniformity. FISCAL IMPACT - None BACKGROUND/ANALYSIS This Study Session was scheduled to update the Council and community on the City's efforts to further streamline processes, and to outline initiatives proposed for 2017 to enhance these practices. Since 2013, the City has invested in technology (TRAKiT), staff training and process improvements in order to channel development permit, project, business license and short-term vacation rental activities through a central system. The Hub was then established to locate all staff involved in these transactions in one place so that customers did not need to roam from department to department. The overall goals are to improve: Customer service Internal and external communications Accessibility Transparency, and Trans -Divisional process uniformity. In January 2016, per City Council's on -going direction to further streamline City operations, the Design and Development Department was established integrating Building, Planning, Development & Capital Improvement Engineering Services and The Hub. This further facilitates a common vision, common priorities, and enables uniform implementation of operational goals and objectives. This configuration has generated 255 more efficient and simple entitlement, plan check, permit/license issuance and inspection processes. During the Study Session staff will present information regarding the following; transaction statistics and performance metrics accompany this report: 2016 Accomplishments 2016 Statistics (Attachment 1) 2016 Performance Metrics/Dynamic Reporting (Attachment 2) 2017 Goals 2017 Upcoming Development Prepared by: Angelica Zarco, The Hub Manager Approved by: Tim Jonasson, Design and Development Director Attachments: 1. 2016 Statistics 2. 2016 Performance Metrics 256 QUALI 98% WAIT TIME 2016 HUB STATISTICS HELPFULNESS kk92% 97% CUSTOMERS SERVED 7,994 PERMITS ISSUED 3,209 PROJECTS APPROVED 183 STVRP NEW PERMITS 545 BUSINESS LICENSES ISSUED 3,031 258 ATTACH M ENT m z N 259 Page Nos. 260 through 263 were updated and publically distributed at the April 18, 2017, Council meeting Please see Hand -Outs at the end of the Agenda Packet on] 0reviv[e1Oki :�421. 6%1 I [ lot 4rcecce C ON TIME ONE DAY O TWO DAYS u THREE DAYS ❑ MORE THAN THREE DAYS tle �jcccc� C 260 Page Nos. 260 through 263 were updated and publically distributed at the April 18, 2017, Council meeting Please see Hand -Outs at the end of the Agenda Packet 15 Ol BUILDINGS 3%� 1%2% cc 4tcccc© c ON TIME ONE DAY TWO DAYS ❑ THREE DAYS ❑ MORE THAN THREE DAYS CC ccccce c 261 Page Nos. 260 through 263 were updated and publically distributed at the April 18, 2017, Council meeting Please see Hand -Outs at the end of the Agenda Packet A0/ 2 %, 2% �-5% Ce �cccc� ON TIME LONE DAY C TWO DAYS ❑ THREE DAYS ❑ MORE THAN THREE DAYS MO. Co goo 00C e le 262 Page Nos. 260 through 263 were updated and publically distributed at the April 18, 2017, Council meeting Please see Hand -Outs at the end of the Agenda Packet 263 264 DEPARTMENT REPORT ITEM NO. 1 n`.o i rr Date y: -- May 2 May 8 May 9 May 10 May16 May 23 May 29 Date CI TY COU N CI L BOARDS, COMM I SSI ON AND OU TSI DE AGENCY M EETI N GS MAY - JULY 2017 MAY CI TY COUNCI LAND SPECI AL HOUSI NG AUTHORI TY MEETI NG COMMUNI TY SERVI CES COMI SSI ON PLANNI NG COMMI SSI ON FI NANCE ADVI SORY COMMI SSI ON CI TY COU N CI L AND SPECI AL HOUSI NG AUTHORI TY M EETI NG PLANNI NG COMMI SSI ON M EM ORI AL DAY - CI TY HALL CLOSED JUNE June 6 CITY COUNCIL M EETI NG Ju ne12 OOMMUNI TY SERVI CES COMI SSI ON June13 PLANNI NG COMMI SSI ON June 20 CITY COUNCIL MEETI NG June 27 PLANNI NG COMMI SSI ON Date JULY July 4 1 NDEPENDEN CE DAY- CI TY HALL CLOSED July 5 CITY COUNCIL M EETI N G July 10 OOMMUNI TY SERVI CES COMI SSI ON July 11 PLANNI NG OOMMI SSI ON July 18 CI TY COUNCI L AND HOUSI NG AUTHORI TY MEETI NG July 25 PLANNI NG COMMI SSI ON 265 OUTS] DE AGENCY U PCOM I N G M EETI N G DATES MAY 2017 Day Time U NDA EVANS, MAYOR 10 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMITTEE 11 11:00 a.m . CVAG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON 11 12:00 a.m . CVAG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE 18 8:00 a.m . EAST VALLEY COALI TI ON No Meeting CVAG EXECUTI VE COMMI TTEE 19 No Meeting GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU TBD COACHELLA VALLEY WATER DI STRI CT POLI CY OOMMI TTEE 24 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMITTEE KATH LEEN FI TZPATRI CK, COU N Cl LM EM BER 8 3:00 p.m. COACHELLA VALLEY MOUNTAI NS CONSERVANCY TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE JOH N PEN A, , COU N CI LM EM BER 8 9:00 a.m . CVAG PUBLI C SAFETY COMMI TTEE 17 10.00 a.m . C1/AG VALLEY WI DE HOMELESSNESS COMMI TTEE TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE No Meeting JACQUR I NE COCHRAN REGI ONAL Al RPORTAUTHORI TY ROBERT RAD I , COU N Cl LM EM BER 1 9:00 a.m . CVAG TRANPPORTATI ON COMMI TTEE 10 9:30 a.m . RI VERSI DE COUNTY TRANPORTATI ON OOMMI SSI ON (ROTC) 10 4:00 p.m. ECONOMI C-DEVELOPMENT SUBCOMMITTEE 24 11:00 a.m . SUNLI NE TRANSI T AGENCY 24 4:00 p.m. ECONOMI C-DEVELOPMENT SUB COMMI TTEE STEVE SAN CH EZ, COU N Cl LM EM BER 1 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE 11 9:30 a.m . AN MAL CAMPUS COMMI SSI ON No Meeting DESERT SANDS UNI FI ED DI STRI CT COMMI TTEE No Meeting CHAMBER OF COMMERCE I NFORMATI ON EXCHANGE . ^, OUTS] DE AGENCY U PCOM I N G M EETI N G DATES JUNE 2017 Day Time U NDA EVANS, MAYOR 5 4:30 a.m . C1/AG EXECUTI VE COMMI TTEE 8 11:00 a.m . CVAG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON 8 12:00 p.m. CVAG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE 14 4:00 p.m. ECONOMI &DEVELOPMENT SUB COMMITTEE 15 8:00 a.m . EAST VALLEY COALI TI ON 23 8:00 a.m . GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU 26 4:30 p.m. CVAG EXECUTI VE COMMI TTEE AND GENERAL ASSEMBLY No Meeting COACHELLA VALLEY WATER DI STRI CT POLI CY COMMI TTEE 28 4:00 p.m. ECONOMI &DEVELOPMENT SUB COMMITTEE KATH LEEN FI TZPATRI CK, COU N Cl LM EM BER No Meeting COACHELLA VALLEY MOUNTAI NS CONSERVANCY 19 3:00 p.m. COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE 26 5:30 p.m. C1/AG GENERAL ASSEMBLY JOH N PEN A, , COU N CI LM EM BER No Meeting JACQUELI NE COCHRAN REGI ONAL Al RPORTAUTHORI TY 12 9:00 a.m . CVAG SAFETY COMMI TTEE 19 3:00 p.m. COACHR LA VALLEY SCHOOL DI STRI CT COMMI TTEE 21 10:00 a.m . CVAG VALLEY -WI DE HOMELESSNESS COMMI TTEE 26 5:30 p.m. CVAG GENERAL ASSEMBLY ROBERT RAD I , COU N Cl LM EM BER 5 9:00 a.m . CVAG TRANSPORTATION COMMI TTEE 14 9:30 a.m . RI VERSI DE COUNTY TRANPORTATI ON COMMI SSI ON (ROTC) 14 4:00 p.m. ECONOMI C-DEVELOPMENT SUB COMMITTEE 26 5:30 p.m. CVAG GENERAL ASSEMBLY 28 11:00 a.m . SUNLI NE TRANSI T AGENCY TBD DESERT SANDS UNI FI ED SCHOOL DI STRI CT COMMI TTEE 28 4:00 p.m. ECONOMI C-DEVELOPMENT SUB COMMITTEE STEVE SAN CH EZ, COU N Cl LM EM BER 5 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE No Meeting AN MAL CAMPUS COMMI SSI ON TBD DESERT SANDS UNI FI ED DI STRI CT COMMI TTEE TBD CHAMBER OF COMMERCE I NFORMATI ON EXCHANGE 26 5:30 p.m. CVAG GENERAL ASSEMBLY 267 OUTS] DE AGENCY U PCOM I N G M EETI N G DATES JULY 2017 Day Time U NDA EVANS, MAYOR No Meeting CVAG EXECUTI VE COMMI TTEE No Meeting CVAG COACHELLA VALLEY CONSERVATI ON COMMI SSI ON No Meeting CVAG ENERGY & ENVI RONMENTAL RESOURCES COMMI TTEE 12 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMITTEE 20 8:00 a.m . EAST VALLEY COALI TI ON No Meeting GREATER PALM SPRI NGS CONVENTI ON & VI SI TORS BUREAU No Meeting COACHELLA VALLEY WATER DI STRI CT POLI CY COMMI TTEE 26 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMITTEE KATH LEEN FI TZPATRI CK, COU N Cl LM EM BER 10 3:00 p.m. COACHELLA VALLEY MOUNTAI NS CONSERVANCY TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE 19 TBD CALI FORNI A JOI NT POWERS I NSURANCE AUTHOR TY TBD DESERT RECREATI ON DI STRI CT JOH N PEN A, COU N CI LM EM BER 19 9:00 a.m . JACQUR I NE COCHRAN REGI ONAL Al RPORT AUTHOR TY No Meeting C1/AGSAFETY OOMMITTEE TBD COACHELLA VALLEY SCHOOL DI STRI CT COMMI TTEE No Meeting CVAG VALLEY WI DE HOMELESSNESS COMMI TTEE ROBERT RAD I , COU N Cl LM EM BER No Meeting CVAG TRANPPORTATI ON COMMI TTEE 12 9:30 a.m . RI VERSI DE COUNTY TRANPORTATI ON COMMI SSI ON (ROTC) 12 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMI TTEE 26 11:00 a.m . SUNLI NE TRANS T AGENCY TBD DESERT SANDS UNI FI ED SCHOOL DI STRI CT COMMI TTEE TBD DESERT RECREATI ON DI STRI CT 26 4:00 p.m. ECONOMI GDEVELOPMENT SUB COMMI TTEE STEVE SAN CH EZ, COU N Cl LM EM BER 3 6:00 p.m. I I D ENERGY CONSUMERS ADVI SORY COMMI TTEE 13 9:30 a.m . AN MAL CAMPUS COMMI SSI ON TBD DESERT SAN DS U N I FI ED DI STRI CT COM M I TTEE TBD CHAMBER OF COMMERCE I NFORMATI ON EXCHANGE 268 DEPARTMENT REPORT ITEM NO.4A Community Programs & Wellness Report tev 0"14V — {;EM eJ'the DESERT — March 2017 - Summary Programs at 1,930 265 $12,712 Fitness AU 4,610 O$9,660 Events J" 130 ❑❑ 1 Rentals 2,140 120 O$2,713 JU Amount served M Amount of classes/events/rentals w Revenue generated 269 Programs - Detail Physical Wellness Volunteers & Hours ; Personal Training Zumba Morning & Day & Saturday 25 Volunteers assisted at the Programs ' Gentle Flex Yogas Wellness Center for a total of 187 Sunset Yoga hours for the month of March ; A Matter of Balance Social Services* ' ____ 2500 Chair Yoga Tae Chi Chuan & Sun Style Tai Chi Cardio & Strength Bereavement Group , 2000-------- ----------------------------- Pilates & Mid -Morning Pilates Taekwondo Beginning 4-8 yrs. Egg Cafe Looks Who's in the Lobby: c ' 2 1500 - --- - --- ---- Taekwondo Intermediate 4-8 yrs. Senior Planning Council -HARC Collection Survey ' v a 1000-------- --------------- _-____--. Taekwondo Advanced 9 yrs. - up *Senior Tennis Group -One West Bank , , -Art Classes ' 500-------- ------------ Creative Wellness Presentations: -Transcendental Meditation � 0 Ballroom Dancing Beginning Ballroom Dance Intermediate -Keeping Your Mind Young -Live Younger Better Health , 2016 2017 , Watercolor Friday Night Dance -Composting for a Healthy Garden Sunline Bus Passes ■ Leisure ■ Sports ■ Wellness Center West Coast SwingLegal Ukulele Players Advanced Consultation on Low Income Heating & Energy , Wellness Center Free Programs Assistance Program , Health Insurance Counseling Advocacy Program ' Bread Distribution* , Herb&Vegetable Garden Group Social Wellness Intellectual Welllness ahJngg Ma QuinaVoices* to Cinema Discussion Social Bridge Woodcarvers' F, January Luncheon r Movie Mondays` Sports Programs Beginning Bridge to Intermediate Bride Putting for Fun* , Open Gym Volleyball* Wii Bowling` Open Gym Basketball* i *Denotes Free Programs/Services , Events - Detail Desert `youth Olympics . • March 11 - La Quinta High School Field Hikes w/Philip Ferranti March 4 - Whitewater Canyon Nature Hikes • March 11 - Martinez Rock Slide • March 18 - Spring Wildflowers March 25 - Martinez Rock Slide, Night Adventures • March 12 - Full Moon Hike: Cove to Boo Hoff Trail a - _ � • � } 71To r' A Events 80 -------------------------------------------- 70----------------------------- ---.----. 60-------------------------------------- 50------------------------------- 40--------- 30 ---- 20 ---- - ----- 10------- - 0 ----- ------ - ----- 2016 2017 ■ Philip Ferranti Hike ■ Night Adventure: Full Moon .. ■ Nature Hike: Martinez Rock.. Nature Hike: Wild Flowers B.. 270 Fitness Center - Detail Wellness Center closed from February 27 - March 6 for LQ Arts Festival Member visits increased by 448 visits. Sold 65 more daily passes and compared to last year. 67 more participants for Saturday fitness compared to last year. March Saturday Visits 200 0 - -- 2016 E 6:30-9am M 9-11 am 11 am-1 pm Rentals - Detail Buildings • Wellness Center - Church Services • Library Comm, Room - 1 Private Rental • Museum -1 Private Rental • B&G Gym - Private Rental Parks Fritz Burns Park - 2 Park Party Rentals La Quinta Park - 1 Park Party Rental Parks & Fields - Sports La Quinta Park - La Quinta AYSO La Quinta Park - Desert Boot Camp La Quinta Park - La Quinta Youth & Sports Sports Complex - La Quinta Youth & Sports Colonel Mitchell Paige - Friday Night Lights Fitness Center - Passes 0 N 0 N 0 50 100 200 300 350 Daily Passes Sold 0 Memberships Sold Fitness Center - Visits 5000 ---------------------------------------- a 4000-------------------------------------- 3000--------------------------------- a w 2000 ------- ------------ -------- a+ 1000 ---------------------- 0 .-- ---- ---- 2016 2017 Member Visits Rentals 50-------------------------------- ur 40 - c� ca 30------------------------------- a 20------------------------------- 10------------------- ------ 2016 2017 LQ Park Field Sports Complex Wellness Center Fritz Burns Park La Quinta Park 271 Monthly Revenue & Participation -- __ __ ______ 2U0U0 � 1OOOO --' - °_—___________'—________—_—__—_---_—_—__ July August Septem.. October November Decemb.. January February March Total Reveune 0 Total Participation Thischartwillbeparticipation for that month. As each month is added, the data will show the trend for the 2016/17 operating year. **Revenue increase of $29,925 due to the Youth Player Fees received in December for Fall/Winter -�� 272 DEPARTMENT REPORT ITEM NO. 4B La Quinta Museum Programs & Events Report acaauigra GFM „r,h, DFCFRT - January 1, 2017 - March 31,2017 Programs Exhibit JU 20 344 2018 Tell Me a Story: 20 Women in the Arts I 17 Events 0 • 273 Adult Coloring Club Programs The Museum provides basic supplies and coloring pages. The Club meets every Friday during the summer months. ' An Evening with Chip Miller ; 150 Director/producer/musician Chip Miller provides a monthly screening of PBS' specials he has produced. Lively discussion and Q&A follows the viewing. Brown Bag TED Talk ; 50 TED Talk is shown on the big screen in the Community Room. Guests bring their o--- ---------------- January February March lunch and then a discussion follows the screening. Good Reads in the Gallery Book Club ' 0 Adult Coloring 0Book Club Partnering with the LQ Historical Society, exhibit related titles are provided free to Brown Bag TED Talk 41 SCRAP Gallery the community and then a monthly discussion is held in the upstairs gallery. ; Story Time Trending Topics S.C.R.A.P. Gallery Family Craft Progam ' Chip Miller ; Family craft event held monthly with S.C.R.A.P. Gallery. Focus on recycled and upcycled art projects. o laquintamuseum Followin La Ouinta Museum g i 1 ci lu i i iq l epics - ------ --- 2111kes ".. Trending Topics is a community in . ,-.. . . • engagement program where we laquintam.... m Nlaq—tamoseurn made the h.yh.t pto—y,,j.n.b.gh.g rep.r hayhaylreeway njunebughug super cool1 invite experts and professionals to - ; -- �a° ndianwellsliving Awesome, congra s! Wbinstehere awe find tK,ehe talk to our community about relevant and important topics. This is as mh rob'nstewartl Lyd-a Kremers Cook '100 Th-ngs to In PS Before you Die k. monthly morning program. In February we we welcomed Lydia Kremer who talked about her book,` I1100 Things to Do in Palm Springs Before You Die." The La Quinta Museum is on the list! Opening Reception - Tell Me a Story Over 300 people attended the opening of the exhibit "Tell Me a Story: Women In the Arts". The event was catered by Cork & Fork and underwritten bt the La ; Quinta Historical Society. LQ Historical Society Lectures • January 2017 ' The late Tom Kennedy and Kay Wolffe presented lectures on La Quinta history ; and incorporation. ' First Thursday Concerts • February and March 2017 ; Franchesca Amari sang cabaret and Sandii Castleberry sang blue grass music in the Museum Courtyard for these twilight concerts. ; Coachella Valley Story Tellers • February 8, 2017 6:00pm ; The Coachella Valley Storytellers held an evening program in the Museum Courtyard. This event was sponsored by The Desert Sun and LIC Riverside. ; Al l Ways A Wo m a n • March 8, 2017 2:00pm ' Local poet (Carol Mann) and artist (Lynn Centano) read from their newly published book, "All Ways A Woman." ' Meet Who's Behind the Story ; • March 11, 2017 1:00-3:00pm ; The Museum hosted a meet and greet event for the artists in the current exhibit and gifted them with a commemorative copy of "Tell Me a Story." ; Events 500 400 ------ --------------------------------------- 300 ------ --------------------------------------- 200 --------------------------------------- 100 ----- January February March Opening Reception LQ HS Talks First Thursday CV Story Tellers All Ways A Woman ,„ Who's Behind the Story 274 During the summer of 2016 the La Quinta Museum put a call out to friends, family and community inviting female artists to participate in the 2017 exhibit, "Tell Me a Story: Women in the Arts." The response was incredible. Over 90 artists from all over the US and Canada completed a piece of art, exclusively for this exhibit along with a story of the artwork. There was an opening reception, followed by a "Meet Who's Behind the Story" event where artists where invited to come and meet one another and pick up a copy of the book the Museum created specifically for for the exhibit. The exhibit has been seen by hundreds of people and will continue to run through April 2017. January 19 - April 30, 2017 For current exhibits and programming: w .playinloquinto.com/La-Quinta-Museum On Thursday, March 23, 2017, The Desert Sun ran a photo article on the "Tell Me a Story: Women in the Arts" exhibit. In addition, there were 2 "Top 5 Things to Do" mentions, and one print blog post during the month of 1 st quarter. The La Quinta Museum partnered with S.C.R.A.P. Gallery to participate in the La Quinta Arts Festival, March 2017, with an art installation created with yarn on the bridge in Civic Center Park. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 La Quinta Museum Exhibit Visitors 0 500 1000 1500 2000 2500 ■ Visitors 275 276 DEPARTMENT REPORT ITEM NO. 4C La Quinta Public Library Quarterly Report HOURS 011I" Books Checked out Per Hour M1 Active Cards Circulation (5 years) 40000 E 30000 0 20000 a* 10000 Door Count (5 years) 0--a ---rWMPM_4 January February March Month 0 2017 0 2016 ■ 2015 r"2014 ■ 2013 25000 20000 0 15000 ro 10000 a 5000 0---January February March Month 2017 0 2016 0 2015 0 2014 M 2013 The Riverside County Library System (RCLS) card is free and is good at the other 37 RCLS locations. After three years, the privilege expires and patrons must renew their information in person. If a card is lost there is a small fee to a replace it. �- Riverside County Libr a ry System I e .rivlib.net O g�LQ Patrons love their Library. Many are experiencing new programs and services for the first time. New Library Cards (3 Years) 250 200 150 100 50 0 ----------------------------------------- January February March Month 2017 0 2016 Purl 2015 Reference Questions A librarian is on expert in information retrieval. Currently there are 4 professional librarians Q 5,824 Questions working at the Library. All library staff have been trained to properly answer questions regarding directions, the collections, services and other kinds of information. Library Catalog The Library's online PAC (public 0% 12,873 Logins access catalog) system was accessed by patrons who checked their account information, utilized databases and 22 Online Registrations acquired other types of information. O 4,758 Holds Placed Online In addition, they were able to place items on hold to be picked up at a later date and register for a library card online. Public Wi Fi • 955 Users 2,379 sessions Patrons are able to log into the Library's free wireless service. Anyone can use their electronic device such as cell phone, tablet or lap top computers. Public Computers There are 28 public computers that are available to all ages. These computers provide important connections for patrons and visitors to keep in touch with one another. 3,922 Sessions this Quarter. )t 278 Weekly Programs Book Babies Story Time Participants 22 437 Story times are held for babies, ages 0 to 2 years old and for preschoolers, ages 2 to 5 years old. They are held respectively each Tuesday and Thursday at 10 a.m. and 11 a.m. Preschool Story Time Programs Participants 19 S14 Book -A -Librarian Technology Help Adults, ages 18 and over, are abl( to seek technological help from • 1 one of our 4 librarians. Each adul- gets 1/2 hour of one-on-one support for their electronic device. There were 8 sessions Sessions are held twice a day this Quarter. every Wednesday. Something On Saturday #10 MOIR 10 prflgrams1125 attending Upon seeing children in th library on Saturday, Library staff decided to have a weekly program of either crafts, stories, games or all three. Children enjoy the variety and have even requested certain crafts and stories. 279 Bi-Weekly Programs Family Game Night Family Game Night is held 2 Fridays every month. Children and their parents �i, interact with one another by playing board games There were 6 Family Game like "Chess" or "Sorry". Nights with 26 attending. Monthly Programs Pre -Beginner Computer Classes ♦_; Pre -beginner computer classes are held on 3'�� Mondays each month, Each teaches a� M/ different topic: basic computers. Internet and `40*' copy and pasting. Classes are held in the La Quinta Wellness Center Computer Lab. 6 patrons participated in the classes. Pajama Tales with Miss Sarah Pajama Tales is held every 2nd Wednesday of the month. Children, ages 2 to 12, can listen to stories in their pajamas. 44 children participated in 3 programs. Family Fun Night Family Fun Night is held every 3rd week of the month, except during the summer months. It consists of games and presenters. For January, Ms. Kika taught some yoga moves; in February, Old Town Artisans had children paint ceramic hearts: and in March, there was a superhero camp with 88 people attending! 118 participated in 3 programs. 280 Bilingual storytime with Ms. Minerva is held every 1st Wednesday of the month, from October to May. She reads bilingual books and children and their families learn new Spanish words each time. There is the occasional puppet, crafts and a game or two. Library staff help with the program. 23 people participated in 3 programs. Age Appropriate Programs Tween Programs Tweens, ages 9 to 12 years old, have their own "MakerSpace". 3 prograats Ms. Sarah O'Brien hosts and (0 a , offers a STEAM related program each month. Teen Programs Teens, ages 13 to 17, can participate in progressive programs. Each program is held at the same time each week/month. This Quarter featured a new program for teens @ the Wellness Center, a computer lab. Meetings are every Thursday at 4 p.m. 67 teens participated in 11 programs. Adult Programs There were 22 programs, with 119 people attending. In January, Leo Mittler, a Holocaust survivor, described his experiences; in February, Carine Topal, presented her book "Tattooed" for our Local Voices Series; and in March, Mike Reiss described his memories of Ebbets Field. The newest program for older adults is the Third Age Club. For March, there were 5 seniors who learned about social media such as Facebook and Twitter. 281 Special Events & Programs Special Storytime: DrSeuss' Birthday The Library hosted the annual "Read Across America" day by celebrating Dr. Seuss' birthday on Thursday, March 2. Fifty-six children and their families listened to a special storytime with Ms.. Natalie Perez, our new Programs Coordinator. 'Cover to Cover' Reading Club Sponsored by In-N-Out, every year, the Library hosts this program. Each child, ages ---- ----- 2 to 12, reads 5 books to get a coupon for a free hamburger at In-N-Out. It continues into the next Quarter. For this quarter, there were 111 children that signed up to read. 1,000 Books Before Kindergarten .U§WWNo 061ir 1000 BOOKS 36 children ages 5 and under have registered this Quarter. Based on a Nevada initative, "1,000 Books Before Kindergarten" promotes reading to newborns, infants, and toddlers. It also encourages parent and child bonding through reading. La Quinta Public Library is proud to present this program to the community. Each child is given a folder to mark their milestones. An application is also available for devices. In the library, there are 100 point levels where a child can get an incentive for reaching it. 'Beauty and the Beast' Movie Party 8 attended •� Ms. Sarah and Ms. Gina Dreyer, Teen Librarian, held another collaboration program for tweens and teens. This is intended to introduce tweens to the teen program. Together, they celebrated the new live version of the animated classic with food and tea. 282 Medical Lectures There were 3 lectures given by the Desert DESERT REGIONALRegional Medical Center this Quarter. r,1 MEDICAL CENTER In January the lecture was how to spot a stroke; February's lecture was on using the immune The Hospital caeF°Y�h°seY°u�°v� system to fight cancer; and in March, the discussion on why handshakes may hurt. There were a total of 56 people who attended all three programs. There was only one lecture given by the Eisenhower Medical Center. Barbara EISENHOWER MEDICAL CENTER Sassower showed attendees how to use mason jars to prepare a meal. Heath Cyr As It Should Be There were 23 people who attended. Book Clubs Patrons, from 9 to 99+, can join a book club at the library. Tweens have their book chub twice a month while adults and teens meet once a month. This Quarter, they only met for February and March. There are three book clubs for adults: traditional, patron choice and older adult. The older adult book club meets at the Palms Gracious Retirement Living facility. Tweens: 4/30 Teens: 3/19 Adults: 9/70 Volunteers &Friends Volunteers help with programs, shelving and perform a myriad of other tasks to help library staff. The La Quinta Friends of the Library continue to support the library in all areas as well as volunteering on a regular basis. 283 Outreach The Library attended 3 Farmer's Markets this quarter. There were 245 people who visited the booth. The story time was in February and there were 38 children and their families attending. Natalie Perez, Program Coordinator, attended the "Look Who's In the Lobby" outreach at the Wellness Center. There were 9 people who visited the table. The Week of the Young Child organization invited the Library to attend their °Dia de los Ninos" event in the Frances Hack Park in March. The Library had a stick puppet craft and a pirate bean bag toss for anyone to enjoy when visiting the booth. There were 217 people who took flyers and spoke with staff about programs. Ms. Gina Dreyer, Teen Librarian, went on the March 1 st T.R.E.0 to the La Quinta High School, Dr. Reynaldo Carreon, Jr Academy, Indio Middle School and the new Indio High School facilities with an emphasis on medical arts education. City Librarian Sue Duran attended the City's P4 Community Services Commission meeting in February to present current events and statistics in and about the library. Ms. Minerva Qchoa met with the Headstart 0 0 parents at the Adams State Preschool in 0 January. Twenty-five parents listened as Ms. Qchoa spoke about the library and its programs and services. 000 284 Library staff resumed taking the preschool book bags to preschools and headstarts around La Quinta in January. These bags have 6 books from the library's collection and promotional materials. There is also a mascot, Gamby, donated by the La Quinta Museum, in each bag. This quarter 4 preschools - DSUSD's Child Development Center and Headstart, Adams State Preschool, Desert YMCA/La Quinta Preschool and First School of the Desert - were visited each month. The City of La Quinta purchased three Little Free Libraries for the community. They were placed at the La Quinta Park, Adams Park, and Monticello Park in La Quinta. They will provide much needed outreach to the northern side of the La Quinta. On March 29, Ms. Sue Duran, City Librarian, Ms. Jade Valenzuela, 'Reference Librarian, Ms. Natalie Perez, Program Coordinator and Ms. Minerva Ochoa, Circulation Supervisor visited all three and placed almost new donations along with promotional materials in them. Each month they will be checked and restocked with books for all ages. 285 286 DEPARTMENT REPORT ITEM NO. 4D EMERGENCY ANAGEMENT QUARTERLY REPORT 4V Qua G1=.110 r f#, DFSE:RT - January 1, 2017 — March 31, 2017 The City of La Quinta contracts with the County of Riverside Emergency Management Department (EMD) for emergency services, The City utilizes a whole community approach. The goal is to minimize the impacts of a major disaster through prevention, protection, mitigation, response and recovery efforts. Quarterly Activities Staff Trainings Community Outreach 6 JU 133 Community Emergency Response Team (CERT) Meetings S Number of Activities P JUNumber of Attendees 287 Community Outreach COMMUNITY EMERGENCY* RESPONSE TEAM' •' The CERT meetings in January, February and March focused on search techniques, radio etiquette, disaster information sharing and a Red Cross overview. Damage assessment overview with the Trilogy Emergency Preparedness Committe. Disaster preparedness presentation to local HOA with Cal Fire. gmu tyents La Quinta Crime Prevention Expo CERT volunteers promoted the La Quinta CERT Team and provided information on personal preparedness, starting a disaster kit and the importance of scene size up after a disaster. Teen CERT training was offered to Juniors at La Quinta High School as well as CERT training for citizens. During the 20-hour training, attendees learned to manage utilities, put out small fires and do the greatest good for the greatest number. City of La Quinta staff continued to complete FEMA required courses which include ICS-300, ICS Forms and a Rapid Assessment Workshop. This improves our staff's ability to manage and support an incident from the EOC. 288 Upcoming Milestones CERT volunteers will provide emergency preparedness information at the following events: * City Picnic * Monthly CERT meetings Local Hazard Mitigation Plan (LHMP) is under review and open for public comments on the city's website, http://wwvv.la-quinta.org/your- government/community-development/building-division/emergency-services. The LHMP will be presented to council before it is sent to Riverside County for review by the Emergency Services Coordinator. Memorandums of Understanding (MOUs) are under review and will be updated or created to fit the needs of the city's EQC. Staff continues to complete the minimum required training courses set by Federal Emergency Management Agency (FEMA) which includes: ICS-100, ICS-200 and ICS 700 for all new employees - 80% of current employees have completed these minimum requirements. ICS-300: Intermediate ICS for Expanding Incidents * ICS-400: Advanced ICS for Command and General Staff 289 Expertise and Knowledge Cain Terrorism i Grief Following Trauma Listos Train the Trainer Disaster Mitigation Disaster Recovery Rapid Assessment Workshop Weekly coordination meetings with Riverside County on EOC readiness, community preparedness, gap analysis and hest practices. 290 January 1, 2017 — March 31, 2017 Proactive Code Compliance Efforts Code Compliance continues to implement proactive surveys through the City, with Phase 1 - Cove Community, Phase II - Highway 111 Business Corridor and Phase III - North La Quinta. Code staff started Phase IV in the Residential Cove District, focusing on clearing vacant lots. On March 10, 2017, staff mailed out Notification to all lot owners giving them a chance to self -check their lots and clear them for fire hazard material and debris. Lot owners are voluntarily having their lots cleared, and inspected. On April 11, 2017 Code staff will survey all lots and send letters to owners whose lots qualify as a Public Nuisance requiring clearing of brush and debris. 30( 20( 100 0 Code Compliance Case Update January thru March 2017 Jan 2017 Opened/Closed Cases 0 Feb 2017 Opened/Closed Cases 0 Mar 2017 Opened/Closed Cases 291 s 2 M Animal Control Update Animal Licensing Statistics 0 10 20 30 40 50 60 70 80 90 100 0 New 0 Renewed M Closed M Not Renewed Impounds T 1 January - --� -- --------------- February Stray 0 Stray -Dead M Owner Surrendered M Adoption Return Foster Return 20 10 0 -- - --. January Outcomes 7 2 -------------- - ------------- --9 •�A.-------- February Adoption 0 Transfer Adoption Partner E Return to Owner 0 Euthanized Treatable' Euthanized Untreatable" Died Euthanized Treatable: not adopted or reclaimed 'Euthanized Untreatable: injured or ill beyond treatment 292 ODSNIP Low Cost . Spray/ Neuter if New Dates for Low Cost Spay, Neuter, Vaccination & Microchip Clinic These dates are tentatively confirmed, however could change if an emergency arises. All spay & neuter procedures are done via appointment only, please call (855)559-8894 to request an appointment. Fees for Vaccinations are: Rabies $10 DA2PP $10 Bordetella $15 Microchip $15 293 Code Enforcement Updates Code Compliance has continued with its Community Outreach efforts, and the City Council and Mayor will be presenting Southwest Church with a Certificate of Achievement for their generous efforts in assisting a resident by clearing fire hazard vegetation from their property to satisfy a code case. These services will continue to be available on certain cases with tailored needs. On April 11, 2017 code will join other City staff in meeting with the Cove Neighborhood Association on community issues. Code is working collectively with La Quinta Police on homeless campsites on private property, and excessive False Burglary Alarms to curb unnecessary calls for service. Code has successfully completed some exterior subdivision cleanup of right of way by property owners, and others are in progress to beautify the gateways to our City. 4!1)- 1 Animal Control Updates City staff received an Administrative Hearing Order from the Hearing Officer overseeing the March 29, 2017 Dangerous Dog Hearing held in Council Chambers. The Hearing Officer upheld the declaration and has imposed conditions for the owner to maintain the dog for public safety. SNIP Mobile Spay & Neuter is expanding services provided at La Quinta Civic Center to now include vaccinations, and micro -chipping. La Quinta has established a Animal Behaviorist/Dog Trainer List for dogs who have been involved in a bite incident and require training as a condition to maintain the pet in City with the assistance of our Animal Advocate group. 294 �/ /�•�+ � �i��`:� �/ /L•,1)�/W !/ J � DEPARTMENT REPORT ITEM N0. 5 MARCH 2O17 REPORT THE DESIGN AND DEVELOPMENT DEPARTMENT REPRESENTS ONE OF SIX CITY DEPARTMENTS, AND CONSISTS OF SIX DIVISIONS: THE HUB, PLANNING, BUILDING, PUBLIC WORKS DEVELOPMENT, ENGINEERING SERVICES, AND ADMINISTRATION. The Hub serves as a one -stop shop for La Quinta patrons. It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events. The Hub assists customers through the permitting process from initial questions and pre -application meetings through inspections and final certificate of occupancy. Below are some March 2017 metrics: 97 STVRP Permits 369 Business Licenses Phone Calls Received 296 Total Issued Permits 55 Total E-TRAKiT Permits Total Customers Served k"IASTOMER SATISFACTION 100 75 50 25 0 In June 2016, The Hub launched a survey to measure the satisfaction of its customers. The survey uses a one to five star rating system, with "Five Stars" being excellent. The Hub Customer Satisfaction survey results for the month of March 2017 were stellar, with over a 97% rating in both Quality of Service and Helpfulness! 0 v D z 0 Cn 295 DFsig,w arrd D=&AmFrzt Debar MARCH 2O17 REPORT PLANNING ACTIVITY The Planning Division works with residential and commercial property/business owners and developers to ensure development in the City is constructed consistent with the City's goals and policies. Submitted Applications Year 2017 2016 March 2 5 Year to Date 6 22 The Building Division administers all building permit applications and plans for compliance with requirements established in the entitlement process, La Quinta Municipal Code, and all currently applicable California Building Standards Codes. : Submitted _ Yea r 2017 2016 March ill 191 March 14 33 E-TRAKiT Year to Date 412 580 PermitsBuilding Year 2017 -. 2016 March 126 160 March E-TRAKiT 12 29 Year to Date 376 511 Building. - Year 2017 2016 March 814 909 Year to Date 2,317 2,329 296 D6540z and Deve?obm9zt Debar MARCH 2O17 REPORT ENGINEERINGSERVICES The Engineering Services Division provides TBArric engineering design and construction _ oversight on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Highlighted below are some activities for March 2017: CIP PROJECTS IN PROGRESS • Design is underway for the Miles Avenue Median Island Improvements, which entails the construction of raised median curbs and landscaping between Seeley Drive and Dune Palms Road. • Design is underway for the FY 2016/17 PMP Phase 2: Desert Club Estates Slurry Seal Improvements, which consist of pavement repairs and the application of asphalt slurry at Desert Club Estates. • Design is underway for the Point Happy Storm Drain Outlet Structure and Roudel Drainage Improvements, which consist of the removal and replacement of the 60" drainage outlet. In addition, the project includes the installation of an 18" drainage outlet. TRAFFIC. DIVISION 34 requests for service were recorded in City's GORequest system in March 2017, including: Operational checks of crosswalks, warning beacons, and flashing stop signs • Repair of safety and street sign lighting Installation of CycleGrip bike detection symbols The Short Term Vacation Rental Program continues to grow, as new properties register each month. During the month of March 2017, the following permits were issued and TOT collected: STVRP TOT• - -• Year 2017 2016 March $208,845.78 $170,171.76 Permits Issued 97 in March Currently Active 13070 Permits The Development Division provides engineering assistance with a variety of permits. During the month of March 2017, the following number of permits were issued: Transportation Year 2017 2016 February 5 1 Year to Date 10 10 297 298 EDEPARTMENT REPORT ITEM NO. 6 FACILITIES DEPARTMENT MARCH 2O17 F The Facilities Department is comprised of three divisions: Parks, Public Works Maintenance and Buildings. POSITIVE SURVEY FEEDBACK FROM RESIDENTS: MAINTENANCE EXPENDITURE • Parks $11,354 • Public Works $75,799 • Buildings $10,533 • Total Expenditures: $97,686 Total Task Hours: 1414 "As always, appreciate the response! ". "City of La Quinta's Parks Division is the best! They always make every effort to stay on top of things". "Love this app. Have reported graffiti or damaged street signs many times and city crew f always quick to respond and fix. I told other residents about this app .". "Thanks for taking care of this quickly. Dirty diapers cause an awful stink! All the Preserve hikers also thank you ". ATTACHMENTS: 1. Parks Maintenance Expenditures by Task for March. 2. Public Works Maintenance Expenditures by Task for March. 3. Building Maintenance Expenditures by Task for March. 4. Customer Satisfaction Survey Details for March. 1 1 299 300 ATTACHMENT 1 Parks Maintenance Expenditures by Task for March 2017 Fencing Debris/Litter Wall Repairs Removal $753.6Z $260.26 ` \ Seminars/Training $713.52 ■ Playground Equipment In $191.58 Lighting_ Electrical $218.69 Irrigation Weeds Tree Trimming $741.02 Signs $260.26 Graffiti Gopher & Dog Holes, $600.04 Pest Control $835.00 Total Maintenance Expenditures: $11,354 301 302 L 303 304 M 305 306 Before After 307 308 Ni6 .mot e BEF _ likwoo, SIM s�+ -'FIE R AFTER AFTER. 310 ATTACHMENT 2 Public Works Maintenance Expenditures by Task for March 2017 Street Sweeping $3,557.35 Pavement Marking/Striping $179.64 Meeting $1,939.75 Storm Drain Repair & Mah $951.15 Special Events $2,043.53 ■ Curb Painting Vandalism Vehicle $3,294.06 Repairs Equipment $451.08 Maint / $1,833.95 Pothole or/ Street Repair Maint Yard /Building Maint ■ Rondo Channel Outlet $1,013.11 $1,018.08 $310.92 ■ Lighting - Medians & Right -of -Way $145.90 ■ Debris/Litter Removal $3,968.58 ■ Flood Control \ $185.52 ■ Inspecti ,$2,033. ■ OtherConcret Repairs/Cons $1, 664.26 Sidewalk Repair/Conc $76.95 ■ Seminars/Training $1, 347.64 Total Maintenance Expenditures: $75,799 311 312 Desert Storm Channel Clean Up �i 313 314 I s-74L I I Graffiti Removal 315 316 ATTACHMENT 3 Building Maintenance Expenditures by Task for March 2017 FS/Misc/General Repairs ■ FS/Carpentry & Hardware $188.15 $38.78 FS/HVAC FS/Preventative Maint Training Classes $47.55 $51.55 $494.07 % FS/Personnel Requests $188.92 ■Janitorial ■ Security/Fobs/Alarms/Locks / $$10.78 91.10 yCarpentry ■ Plumbing Hardware ■ Preventative Maint $767.46 S1.512.62 $737.41 ■ Paint/ $356.80 ■ Uplevel Project $193.90 ' VAC — — H ■ Facilities Maintenance $ 22.03 VAC $187.17 ■ Meetings ■ Light Bulb Replacement $422.46 $96.56 Total Maintenance Expenditures: $10,533 317 318 L7 L7 L7 Museum Doors Refinished -j 319 320 x f� 4 � Y ! �1 AFTER 322 I BEFORE r AFTER 324 ATTACHMENT 4 Customer Satisfaction Survey Details 03/01/2017 to 03/31/2017 Request: 26093 Survey Entered: 03-16-2017 Request Entered: 02/20/2017 Closed: 03/09/2017 Days Open: 17 Topic: Street Sweeping - 1025 Customer: Phil Cordova Glass in bike lane next to no parking sign Cleaned up glass Employee: James Lindsey Description: Reason Closed: Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: N/A Expectations Met: Exceeded Comments: As always, appreciate the response! Request: 26104 Survey Entered: 03-02-2017 Request Entered: 02/21/2017 Closed: 02/23/2017 Days Open: 2 Topic: Graffiti in Parks - 1030 Employee: Robert Ambriz Jr. Customer: Robert Ambriz, Jr. Description: Graffiti on the lower east end park bench. Reason Closed: Work done. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: City of La Quinta's Parks Division is the best! They always make every effort to stay on top of things. Request: 26155 Survey Entered: 03-29-2017 Request Entered: 02/22/2017 Closed: 03/21/2017 Days Open: 26 Topic: Landscape/Irrigation Customer: adriana Islas Employee: James Lindsey Description: Trees located directly behind my house on Fred Warning are shedding so many small leafs that it has clogged my pool drain. Immediate attention needed to cut down/trim all trees on Fred Warning and surrounding areas Reason Closed: The trees will be removed with the new landscape project schedule in late September, 2017. Employee Effectiveness: Poor Response Times: Below Average Employee Courtesy: Below Average Expectations Met: Below Comments: 1 year ago we were assured that these trees would be removed Oct 2016 after personally speaking to the landscape dept. Before m request on the app in March 2018, the landscape dept all but told us this was our issue and nothing could be done with trees on city property. Each time the wind blows these leaves rain all over our yard, into our pool and clog our filters weekly causing an increase to our pool maintenance bill. This is a burden as we are new homeowners, and ideally we'd like to be able to enjoy our pool without swimming in the leaves that fall from the city's property on fred warning. 325 Request: 26217 Survey Entered: 03-06-2017 Request Entered: 02/27/2017 Closed: 02/27/2017 Days Open: 0 Topic: Debris/Litter Removal/Right of Way Maint - 1011 Employee: James Lindsey Customer: Bill Aitken Photo submitted Removed refrigerator work done Description: Reason Closed: Employee Effectiveness: N/A Response Times: Superior Employee Courtesy: N/A Expectations Met: Met Comments: Good response Request: 26371 Survey Entered: 03-06-2017 Request Entered: 03/04/2017 Closed: 03/06/2017 Days Open: 2 Topic: Sidewalk Repair/Concrete C&G- 1007 Employee: James Lindsey Customer: Bruce Latta Description: Is this Ada compliance. Reason Closed: The concrete ramp was placed approximately eight to ten year ago. The ramp met the requirement of ADA at that time. The raised domes were not required. If and when new or additional work is required on the concrete ramp or sidewalk the new ADA requirement (the domes) will be required. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Love this app. Have reported graffiti or damaged street signs many times and city crew always quick to respond and fix. I told other residents about this app. Request: 26406 Survey Entered: 03-22-2017 Request Entered: 03/07/2017 Closed: 03/15/2017 Days Open: 7 Topic: Street Sweeping (Hand) - 1026 Customer: Jose Maciel Not sure if I submitted a property earlier so I will resubmit. North side of Avenue 52 West of Madison Avenue has loose gravel that Employee: James Lindsey Description: has been there for at least a month, possibly longer. This causes a cyclist to veer into the line of traffic which is very risky. Reason Closed: Shovel dirt and used street sweeper work done, according to CVAG' schedule is done on Thursdays ( Map 4 ) Employee Effectiveness: Good Response Times: Good Employee Courtesy: N/A Expectations Met: Met 326 Request: 26483 Survey Entered: 03-24-2017 Request Entered: 03/12/2017 Closed: 03/17/2017 Days Open: 4 Topic: Curb Painting - 1005 Employee: James Lindsey Customer: Robin Markson Description: With many homes that are now being rented on our street, our cul de sac is experiencing double parking. Especially on the weekends, there is continuous parking in front of the fire hydrate in our yard. Could the fire hydrant curb(15 feet) be painted red as well to match the two recently painted fire hydrant curbs at Via Caliente/ & Via Del Monte. Thanks you, as this is a life safety and property protection request, Reason Closed: Work done: Painted red curb Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Met Comments: We have never been disappointed in the city to react appropriately and in a very timely manner. Request: 26490 Survey Entered: 03-22-2017 Request Entered: 03/13/2017 Closed: 03/15/2017 Days Open: 2 Topic: Street Sweeping (Hand) - 1026 Employee: James Lindsey Customer: Phil Cordova Description: Glass in bike lane Reason Closed: Pick up broken glass work done Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: N/A Expectations Met: Met Request: 26517 Survey Entered: 03-29-2017 Request Entered: 03/13/2017 Closed: 03/22/2017 Days Open: 9 Topic: FS/Personnel Request Customer: Zander Employee: Bob Mignogna Description: Could you please set up the study session room with 5 tables and 8 chairs at each. Also, please add a table wit 2 chairs in the back of the room. This is needed for 7:30am on 3/22/17. Let me know if you have any questions. Thanks, Zander. Reason Closed: work done Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded 327 Request: 26629 Survey Entered: 03-30-2017 Request Entered: 03/18/2017 Closed: 03/23/2017 Days Open: 5 Topic: Graffiti Removal (Right -of -Way) - 1071 Employee: James Lindsey Customer: Tim Wassil Photo submitted Removed graffiti Description: Reason Closed: Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Request: 26634 Survey Entered: 03-28-2017 Request Entered: 03/20/2017 Closed: 03/21/2017 Days Open: 1 Topic: Street Sweeping (Hand) - 1026 Customer: Phil Cordova Glass in bike lane Swept street work done Employee: James Lindsey Description: Reason Closed: Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: N/A Expectations Met: Exceeded Request: 26667 Survey Entered: 03-28-2017 Request Entered: 03/21/2017 Closed: 03/21/2017 Days Open: 0 Topic: Parks Customer: Kay Wolff Employee: Robert Ambriz Jr. Description: That piece in the park has been vandalized. Bummer Reason Closed: Shards of broken glass have been cleaned up. City staff will notify the artist so she can replace broken pieces. Employee Effectiveness: Good Response Times: Good Employee Courtesy: N/A Expectations Met: Met Comments: This survey format could use come editing. Request: 26880 Survey Entered: 03-31-2017 Request Entered: 03/30/2017 Closed: 03/30/2017 Days Open: 0 Topic: Debris/Litter Removal/Right of Way Maint - 1011 Employee: James Lindsey Customer: Kay Wolff Description: Garbage and trimmings dumped curbside. Flies and smell make this urgent. Any help appreciated Reason Closed: Debris pick up and bump in the yards trash. Employee Effectiveness: Superior Response Times: Superior Employee Courtesy: Superior Expectations Met: Exceeded Comments: Thanks for taking care of this quickly. Dirty diapers cause an awful stink! All the Preserve hikers also thank you. 328 a DEPARTMENT REPORT ITEM NO. 7 La Quinta Fire Department 2017 Quarterly Report January1, 2017— March 31, 2017 Response Activity Commercial Fire 3 False Alarm 83 Hazardous Material 6 Medical 853 Other Fire 3 Public Service Assistance 57 Residential Fire 1 Standby 18 Traffic Collision 47 Vehicle Fire 2 Wildiand Fire 2 Incident Total 1079 I 4 I I I 1 I i I I I I I I I 1 I I I Incident Reports Commercial Fire (0.30%) False Alarm (7-71%) M Hazardous Material (0:80%) M Medical (79.18%a) M Other Fire (0.30%) M Public Service Asst. (5.31% ) Residential Fire (0 10%) M Standby (1.70%) Traffic Collision (4.40%) M Vehicle Fire (0.20%) Wildland Fire (0.20%m) Average Enroute to On -Scene Time <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average % to 5 Min • 4 Enroute Time = When a unit has been acknowledged as responding. On -scene Time = When a unit has been acknowledged as being on -scene. For any other statistics outside Enroute or On -scene please contact the IT Help Desk at 951-940-6900 329 Truck Report Truck 86 recorded 59 responses in La Quinta during this quarter. O Fire Inspection Report to a Action: During the First quarter of 2017, a total of 115 Fire Life Safety inspections were conducted along with 94 construction inspections. Twelve existing business re -inspections were conducted. It was noted a majority of business were found to be in compliance with current Fire Life Safety/construction requirements. Of the non- compliant occupancies 4 automatic fire sprinkler systems were found to be in need of 5 year re -certifications, 2 commercial cooking, fire extinguishing systems were found in need of cleaning and re- certification. Building/Planning: Weekly project review meetings were held with discussion focused on special development permits, tentative track maps, temporary use permits, special events permits and current projects up dates. Development of Silver Rock resort and grand opening of laser oasis. Goals: Continue participation with weekly project review team. Aggressively conduct annual fire life safety inspections. Provide a high standard of customer service while seeking compliance with codes and standards. Conclusion: Although a small number of occupancies were inspected most appear to be operating within a reasonable degree of safety. As for business found to have violations, in part most had no issues making the necessary repairs for compliance. Chief La Clair'sUpdates This quarter the La Quinta City Fire Department has been preparing for the upcoming fire season with training, equipment maintenance and safety gear inspections. With the amount of rainfall received, it is predicted to be a heavier than normal fire season. A city meeting was hosted by fire station #32 on March 29th, where I introduced Southern Bokkes, a representative from the Riverside County Fire Department Prevention Bureau, who handles the Juvenile Fire Prevention Program. I am currently working with her office to provide training to all the elementary schools in the City of La Quinta for fire safety and awareness. 330 DEPARTMENT REPORT ITEM NO. 8 La Quints Police Department Quarterly Report tam — (:1�.41 of rJrl bkSER'1' January 1, 2017 — March 31, 2017 Average Response Time KT� N Oi 20 -------- G 10 -------- H 0 '----' January Priority 1 Average Response Average Response Time 1 f -------- --_ ------_--- • • -' -' February March Priority 2: Average Response Priority 3: Average Response E Priority 4: Average Response Number of Calls For Service 36 ! 1463 487 233 25 January February March 329 Priority 1: Calls for Service W Priority 2: Calls for Service E Priority 3: Calls for Service 0 Priority 4: Calls for Service Priority 1 — Involve circumstances that pose, or did pose a clearly defined threat to human life or property; Priority 2 — Involve circumstances of an urgent but not life threatening nature (e.g. minor assaults and batteries); Priority 3 — Involve circumstances which are neither urgent nor life threatening. (e.g. disturbances of the peace); Priority 4 — Incidents occurring in the past or "cold" calls. Ordinance 531, Emergency Access by Police to Gated Communities received 100% citywide compliance and implementation. Eighty-three multi -development communities, covering 176 motorized gates offer on - duty police access by way of KNOX key assigned to each officer of La Ouinta Police. 331 Crime Statistics December 2015 Theft (67.54%) Burglary (9.65°/ti) j Homicide (0%) M Rape (0%°) M Robbery (1.75%) Aggravated Assault (3.51%) Simple Assault (14.91%) Vehicle Theft (2.63%°) January 2016 ■ Theft (64%) Burglary (15%) ■ Homicide (0%©) ■ Rape (0%°) Robbery (2%) 0 Aggravated Assault (0%u) Simple Assault (13%) M Vehicle Theft (6%) December 2016 Theft (71.21 %) Burglary (9-85%) 0 Homicide (0%) !:, Rape (0%) Robbery (3.79%a) M Aggravated Assault (2.27%) Simple Assault (10.61%) M Vehicle Theft (2.27%) January 2017 Theft (75.81%°) Burglary (4.03%) M Homicide (0%) M Rape (0.81 %) Robbery(3.23%0) 0 Aggravated Assault (0.81 %) Simple Assault (7.26%) Vehicle Theft (8.06%) 332 Crime Statistics February 2016 Theft (62.39%) Burglary (11.93%) ■ Homicide (0%) Rape (0%) M Robbery (1.83%) 0 Aggravated Assault (5.50%) Simple Assault (14.68%) M Vehicle Theft (3.67%) December 2015 through February 2016 Combined Time Frame Year to Date February 2017 ■ Then (79.78%) Burglary (6.74%) ■ Homicide (0%) ■ Rape (©%) Robbery (225%) ■ Aggravated Assault (1.12%a) Simple Assault (4.49%0) 0 Vehicle Theft (5.62%) December 2016 through February 2017 Combined Time Frame Year to Date Theft (64.71°!0) Burglary (12.07%) F j Homicide (0%) Theft (74.64%) Burglary (6.92%) M Homicide (0%) M Rape (0%m) 0 Robbery (1.86%) Aggravated Assault (3.10%) 0 Rape (0.29%) M Robbery (3.75%n) M Aggravated Assault (1.44%) Simple Assault (1424%m) Vehicle Theft (4.02%) Simple Assault (7.78%) 0 Vehicle Theft (5.19%a) While crime trends occasionally rise and fall based on a multitude of collective factors, the police department monitors daily, weekly, and monthly trends to determine if a series of crime arose that will cause us to move resources to meet the trend. Its important to note, a cumulative of statistics over a short -view period of time (quarterly) can be deceiving, and doesn't necessarily point to the overall safety health of our city. Factually speaking, crime in 2017 (Jan -Feb) remains g% below the same timeframe in 2016. 333 Special Enforcement Team (SET) Property Va I ue Recovered ------------------------------------------------------------------------------- Significant Activity La Quinta Special Enforcement Team (SET) officers conducted follow-up investigation to a knife point robbery. One of the suspects was identified and detained during a traffic stop in Indio. A search warrant was served at his residence and the suspect booked for robbery. A second search warrant was served in Indio and an 18 yr. old male of Indio was arrested for robbery. La Quinta officers responded to a theft from USA National Title. The suspect took the victim's purse from an employee's desk and fled on foot. The purse was found in a trash can nearby. Based on the suspect description, SET Officers contacted a 20 yr, old male at his residence in the 51600 block of Avenida Bermudas. The suspect was identified by the victim and arrested for Petty Theft and Violation of Probation. La Quinta SET and the Business District Unit (BDU) assisted PACT in a Parole and Probation Compliance sweep in Desert Hot Springs. Three adult males were arrested at their residences and booked at Smith Correctional Facility. During an investigation of a robbery at Wolff Waters apartments on February 1, 2017, SET Officers identified an 18 yr. old male of India, who confessed to the robbery and then identified the other two suspects. Search warrants were served at the suspects' residence at 47906 block of Sundance Street, Indio, and 45700 block of Spyglass Hill, Indio. While conducting follow-up to a vehicle burglary that occurred in La Quinta in 2016, SET/BDU members served a search warrant in the 78500 block of Ave. 42, Bermuda Dunes. A 41 yr. old, male, suspect was detained, and numerous items of stolen property from vehicle burglaries in La Quinta, Palm Desert, and Bermuda Dunes, were recovered. Additionally, golf club sets, high end cameras, laptops, tablets, GPS navigation systems, cell phones, jewelry, were collected. SET Officers conducted a pedestrian check on a known thief, a 33 yr, old resident of La Quinta, at Galle Tampico and Eisenhower Drive. The male was detained because he had two misdemeanor warrants for theft and drugs. The suspect was also in possession of methamphetamine, paraphernalia, and a stolen check (taken on 03-10-16 from a mailbox). SET Officers located a stolen vehicle parked on Catle Sonora and Avenida Montezuma. While watching the vehicle, they observed a 50 yr. old Hispanic male resident of Indio, enter the vehicle and drive it away. A high -risk stop was made on Avenida Montezuma and Avenida Madero, and the driver was taken into custody. During a search of his person, 2.8 grams of suspected methamphetamine and a glass smoking pipe were located in his pocket. Suspect is also on Mandatory supervised probation. During an interview, the suspect also confessed to two vehicle burglaries at the Boys and Girls Club in La Quinta. La Quinta BDU Officers conducted follow-up on the 422 PC (criminal threats) at Angel View. The suspect was identified by photo line-up as 'Raymond Galvez, a 32 yr. old transient of Indio. Galvez is also believed to be the same suspect in the robbery and assault of a transient later the same day. BDU Officers located Galvez and detained him. Galvez admitted to both incidents. During the first quarter La Quinta Special Enforcement Team and Business District Unit made numerous additional arrests, for outstanding warrants, thefts from commercial businesses, and were involved in several burglary prevention programs in various areas of the city. 334 Business District Unit (BDU) Property Va I ue P ecoVe red ------------------- Significant Activity During the months of January, Business District Unit and La Quinta Special Enforcement Team assisted numerous other Agencies with a Parole/Probation sweep in the City of Desert Hot Springs (Operation Sandstorm). During the sweep, the BDU made multiple arrests for drug and weapons violation. BDU members implemented a Crime Prevention Program. During the program, BDU, along with La Quinta Special Enforcement Team (SET) and the La Quinta Traffic Team, provided enhanced patrol measures throughout the City of La Quinta. The focus was to conduct high visibility patrol, deter theft and drug activity and suppress criminal behavior. During the program, numerous on -view arrests for drugs and theft related offenses. BDU assisted the SET with a search warrant related to theft throughout the City of La Quinta. Laptop computers, GPS units, cellular phones, tablet computers, and golf clubs were recovered. Business District Unit members investigated an embezzlement that occurred at Waba Grill. The suspect was identified and arrested for embezzlement. BDU identified a suspect that was repeatedly stealing from retail stares in the Highway 111 business corridor. The suspect was located and arrested on numerous counts of theft. BDU implemented a Burglary Suppression Program. During the program, BDU, along with SET and The La Quinta Traffic Team, provided enhanced patrol measures throughout Highway 111 business corridor in La Quinta. The focus was to conduct high visibility patrol, deter theft activity, and suppress criminal behavior within La Quinta's business areas. During this program, Business District Unit and La Quinta Special Enforcement Team members made numerous on -view arrests for drug, theft, and weapon related offenses. BDU investigated an embezzlement that occurred at Stein Mart. An employee had been caught stealing approximately $1,100 from the business over a period of two months. The employee was located and interviewed. Charges were filed out of custody for felony embezzlement. BDU with the assistance of the Palm Desert Burglary Suppression Unit, identified a suspect in the commercial burglary that occurred at Laser Oasis. during the burglary, a safe containing $8,000 was taken. The suspect was arrested for burglary and a confession was obtained. The above mentioned incidents are just a sample of the quarterly activity conducted by the La Quinta Business District Unit. Officers from this unit have conducted several investigations related the the La Quinta Highway 111 Business Corridor which have result in numerous arrests for thefts and frauds. La Quinta Business District Unit will continue their proactive and community oriented policing efforts throughout the city which will result in increased awareness and education within the business community in order to improve the quality of life for the business owners, shoppers, and residents of La Quinta. 335 School Resource Officers (SROs) La Quinta M.S., Harry Truman, & Summit H.S. & Colonel Mitchell Ben Franklin Elementary Paige Middle School Calls for Service (17,65%) Reports (17.65%) Arrest (29.41 %) D.A. Filings (0%) Pedestrian/Area Checks/.. (11.76%) Assist Other Agencies (0%) Public Assist (0%) M Follow -Up (0%) 5150 Evaluations (0%) Citations (23.53%) E Calls for Service (35.71 %) N Reports (30.95%) E Arrest (14.29%) D.A. Filings (7.14%) Assist Other Agencies (2.38%) N Public Assist (7.1411%) Follow -Up (0%) 0 5150 Evaluations (2.38%) Citations (0%) Pedestrian/Area Check, .. (0%) La Quinta High School 0 Calls for Service (48.03%) 0 Assist Other Agencies (9.45%) ® Pedestrian/Area Check, .. (4.72%) Arrest (9.45%) ■ G.A. Filings (5.51%) 0 Reports (7.87%) Public Assist (0.79%) M Follow -Up (8.66%) 5150 Evaluations (0.79%) M Citations (4.72%) 336 Significant Activity LA QUINTA MIDDLE SCHOOL Officers investigated a report of a student observed with a gun. Officers located a pellet gun inside the students" backpack. Kids with guns protocol was initiated and officers responded to the students` residence. No additional firearms or ammunition was located at the residence. The student did not make any threats and told officers that he found the pellet gun and was planning on turning it into school administration. Officers investigated information of a video of two juveniles, who were reported as suspects of vandalizing equipment at a City of La Quinta park. Officers identified both juveniles and they admitted to vandalizing the park equipment.. Both juveniles were cited for vandalism. Officers investigated a report of juveniles sending nude photographs of themselves to each other. LA QUINTA HIGH SCHOOL Officers investigated a report regarding a restraining order violation involving a staff member communicating with a current student. Officers fled out -of -custody charges for the restraining order violation. Officers received a report of two students detained for possession of drugs on campus. The students were arrested for possession of marijuana on school grounds. Officers investigated a report of a student in possession of a knife. The student was arrested and released to his parents. Officers were notified of a male transient bothering two high school female student while they walked to school on Dune Palms Road. The transient appeared to have grabbed his genitals for a short period of time before the students walked away. The transient was not located. Officers reported to La Quinta Code Enforcement the increase of homeless people around La Quinta High School. Officers located a homeless camp under the Adams Street bridge, south of Blackhawk Way, behind La Quinta High School. Officers and Code Enforcement went to the location and determined 8 to 10 people were sleeping at the location. Trespass notices were left at the location and 24 hours was given to remove the property from the area. Two days later, officers along with Code Enforcement went back to the location and removed multiple bags of items. One week after the clean-up, it appears there is no one sleeping or leaving their items at the location. Officers contacted La Quinta Graffiti Removal Team regarding a large amount of graffiti on the north wall off of Corporate Center, that was only visible from La Quinta High School. The graffiti was removed within 48 hours. COLONEL MITCHELL PAIGE MIDDLE SCHOOL Officers were notified by staff of students who were detained for drugs and weapons possession. Officers determined one student was in possession of marijuana, one student was in possession of marijuana and a box cutter, and one student was in possession of a pocket knife with a 3' blade. Officers arrested the three students and later released them to their parents. Officers investigated a report of juveniles sending nude photographs of themselves to each other. HORIZON MIDDLE SCHOOL Officers initiated two Kids with Guns protocol. SUMMIT HIGH SCHOOL Officers located a juvenile at Summit High School who had previously been reported missing. Officers arrested a student for possession of marijuana. Officers investigated a report of two juveniles engaged in sexual intercourse at the school. 337 Traffic Services Team January, February, and March 2017 Total Hazard Citations (26.74%) ■ Excessive Speed Citations (19.91%) ® Total Non -Hazard Citations (10.45%) _ Seatbelt Citations (0.41%) ■ Citations Issued (37.19%) 0 DUI Arrest (0.20%) DUI Collisions (0.14%) DUI Collisions with Injury (0.14%) Total Injury collisions (1.01%) Total Collisions (3.82%) Significant Activity The Traffic Team provided traffic control and enforcement for the 2017 Career Builder Challenge to ensure safe ingress and egress of pedestrian and vehicular traff ic. The Traffic Services Team hosted an informational booth at the "la Quinta Safety Symposium". Firearm safety, crime prevention, traffic safety and community services were all topics of discussion. The symposium provided opportunities for residents of La Quinta and neighboring cities to meet and interact with law enforcement personnel in a positive environment. The Traffic Services Team conducted targeted enforcement to deter street racing in the city and enforced violations related to street racing and illegal vehicle modifications. As the festival season begins, and with a large influx of visitors to La Quinta, the Traffic Services Team would like to encourage all citizens to drive safely and to remain vigilant. The La Quinta Police Department continues to encourage citizens to report any driver they observe who might be under the influence or any other situation they feel would make the roadways unsafe. 338 Crime Prevention Specialists Crime Free Multi -Housing (10.20%u) a OPTED Reviews (6.12%) R COP Meeting & Training (8.16%) Child Seat safety Inspections (6.12%) ■ Neighborhood Watch Meetings (6.12%) N Community Outreach Events (22.45%) Crime Reports (20.41 %) ® Parking Citations (20.41 %) Significant Activity • "Day Off the Beat" event at the Boys & Girls Club ' "Q & A - Caps N Kids" at Bays & Girls Club * Three Citizens on Patrol Meetings * Citizens on Patrol training on traffic/radio • Crime Prevention Expo at La Quinta City Hall x Neighborhood Watch meeting at Study Session Room * Had a booth at the La Quinta Youth Softball Opening Day Ceremony * Neighborhood Watch meeting with Santa Rosa Trail Communities • Had booth at "Dia De Los Ninos" event at La Quinta Park • Had booth at Farm°s Market at Old Town La Quinta * Had Personal Safety presentation with "Women W1 P.E.O. Women's Group" • "Coffee with a Cop" event at Starbucks • Had a "Mail Theft Prevention" neighborhood watch meeting with the La Quinta Post Master 339 Community Service Officers Miscellaneous Calls (54.45%) ■ Parking Citations (7.80%) Transports (13.97%) ■ Traffic Collision Reports (10.89%) Grand/Petty Theft Reports (3,81%) ■ Abandoned Vehicle Tagged (0.91 %) Towed Vehicles (1.27%) E Vandalism Reports (1.45%0) Burglary Reports (2.18%) 0 Lost or Found Property Reports (3.27%) Volunteers E Office Volunteer Hours (21.75%) IFS; Total Patrol Hours (24.87%) i Business Checks (21.83%0) Neighborhood Watch Patrol (12.93%) Crime Free Multi -Housing (12.4411/o) E Community Events (0.68%) Traffic Collision Response (0.65%) E Extra Patrol (4.84%) Vehicle Code/ Parking Violations La Quinta Police Department welcomed one new Citizen on Patrol. James Lawson i Walk-ins assisted at La Quinta Police Substation at City Hall 340 DEPARTMENT REPORT ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Martha Mendez, Public Safety Manager Chris Escobedo, Community Resources Director DATE: April 18, 2017 SUBJECT; TOBACCO- FREE COMMUNITIES Members of the Coalition for Tobacco -Free Communities Serving Riverside County met with staff to discuss Tobacco Retail Licensing. The purpose is to limit tobacco sales to minors, including electronic delivery devices (ENDS). The Coalition is requesting that the City enact a Tobacco Retail Licensing Ordinance (TRL) to: • Require any entity that sells tobacco or nicotine products, which are not currently regulated by the FDA as a cessation medication, to purchase an annual license. • Motivate tobacco retailers to not sell to minors because losing the ability to sell tobacco products acutely impacts business income; cities in Riverside County who have adopted a TRL have seen undercover buys go from 40% to 4%. • Levy an annual fee of $428 (paid by retailers) to fund the cost of undercover sting operations to ensure compliance. According to the statistics gathered by the Coalition, the United States Surgeon General's Report on E-cigarettes states that from 2011 to 2015, there was a 900% increase in the use of ENDS by high school students. ENDS products appeal to youth because of flavoring; greater use expands the consumer base for nicotine products. In California, 75.5% of retailers near schools sell flavored non -cigarette tobacco products. The Coalition recommends adopting a TRL and designating the County Environmental Health Department (Department) as the enforcement agency. The Department provides education and awareness programs, and conducts undercover sting operations to check retailers. The annual licensing fee would be paid directly to the Department and used to sustain TRL enforcement. The Police Department may then continue business checks or may choose to focus on other areas. Any violation of a local, state or federal tobacco law is considered a violation of the license. Staff is seeking Council direction on this matter. 341 342 REPORTS AND INFORMATIONAL ITEM NO. 25 Report to La Quinta City Council Palm Springs International Airport Commission Meeting March 15, 2017 Budget: Revenue timing has corrected itself, and it is improving. Expenses are up 2% from last year, which is fine, since we've added a few headcounts since then. Car rental revenue is down a little, but that's because they pay an estimated fee in advance, and we adjust at year-end. It is anticipated to be up significantly from last year. Because revenue was lagging, we have not pre -paid any old bonds, but expect to in future months. The budget is on track, with no surprises. Passenger Activity: Passenger count was down 0.2% in February because it was a short month. It is up 3% year-to-date. Car Rental Concession Agreement: The existing agreement and its extension will expire June 30, 2017. The Commission reviewed the current arrangement and the Staff recommendation. We recommended that the City Council approve a 3-year extension, which includes additional fees to help cover the cost of the additional Police Officers, which were added for security. We are expecting an additional $350,000 in rental fees next year as a result of this extension. Next Meeting: The next meeting is scheduled for April 19, but I will not attend, as I will be in Asia. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bob(cDteal.us.com Phone: 760-899-4171 343 344 REPORTS AND INFORMATION ITEM NO. 26 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: 345 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. 346 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. 347 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. 348 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 349 350 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 351 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 352 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 353 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 354 PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 14, 2017 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, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: Commissioner Hansen STAFF PRESENT: City Attorney William Ihrke, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Associate Planner Carlos Flores, Executive Assistant Wanda Wise -Latta and Office Assistant Carley Votaw Chairperson Bettencourt welcomed Commissioner Caldwell and asked her to introduce herself. Commissioner Caldwell led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES - Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission minutes of November 22, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. Motion - A motion was made and seconded by Commissioners Wright/Blum to approve the Planning Commission Minutes of December 27, 2016, as submitted. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt.. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed. 355 PUBLIC HEARING 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. California Environmental Quality Act (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. Associate Planner Carlos Flores presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding the reason for the removal of The Villas at Old Town from the Old Town Specific Plan. Staff stated there are no proposed plans for the property and this proposal gives more flexibility for future development. Staff said the property will revert to its underlying zoning of village commercial. Staff also stated that SB-18 Native American Tribal Consultation requirements have been completed for the Specific Plan Amendment and future development will not need to go through that process. Staff also clarified that independent of the Specific Plan, the city will continue to use the property for overflow parking during special events. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:11 p.m. Public Speaker: None Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:11 p.m. Motion - A motion was made and seconded by Commissioners Blum/Caldwell to adopt Resolution No. 2017-001 of the Planning Commission of the City of La Quinta, California, recommending that the City Council find the project exempt from California Environmental Quality Act pursuant to Section 15183 in that the proposed project can be characterized as consistent with General Plan and Zoning and further recommend approval Specific Plan 2016-0002 (SP 2002-058, Amendment 2) to remove The Villas at Old Town from the Old Town La Quints Specific Plan. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: None. Motion passed unanimously. 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 356 units within residential districts. CEQA: exempt pursuant to Section 15061 (B)(3) and requires no further review. Location: Citywide. Planning Manager Gabriel Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding garage conversions becoming secondary residential units within a residence anywhere within the city and which had previously been disallowed in the City, parking impacts, the language of the provision, and environmental impacts as a result of accessory dwelling units. City Attorney Irhke stated that the language of the amendment was provided by the State of California and that the provision applies to charter and general law cities. He shared that Assembly Bill 2299 and Senate Bill 1069 amended Government Code Section 65852.2 as well as other provisions in the planning and zoning law. He said that the legislature wanted to find ways of providing more housing. He indicated that any application that came before the city would defer to state law on this issue until we have a new ordinance in place. He recommended that this amendment be acted upon as the state law says that if any provision in the City's ordinance is inconsistent with state law and the City were to use its ordinance as a basis for denying a permit for an accessory dwelling unit, none of the City's ordinance would apply and the City could not base a denial on it. Discussion continued regarding CEQA review and exemptions; increased traffic, pollution and greenhouse gas issues; increased street parking; an increase in the number of residential dwelling units within an existing community designed for a single residence on a single lot, and parking allowances subject to transit centers under state law. City Attorney Irhke stated that CEQA would not be a vehicle to deny the requirements of state law to have accessory dwelling units permitted and with regards to specific permitting, ministerial matters are not subject to CEQA. Discussion continued regarding HOAs and CC&Rs. City Attorney Irhke said the City's regulations have no impact on a homeowner association's (HOA) CC&Rs. He stated that it is not up to the City to enforce CC&Rs. He said that CC&Rs are not the purview of city; therefore, a dispute between an HOA and a property owner is separate from the City's obligation to comply with state law. Discussion continued regarding utilities for accessory dwelling unit. 357 City Attorney Irhke stated that the Commission's comments regarding utilities and infrastructure that must be part of any dwelling unit could be addressed as part of the permit application. He also said that state law requires that the owners of the parcel must live either in the accessory dwelling unit or in the primary residence. Discussion continued regarding parking requirements. Planning Manager Perez continued with his presentation of the staff report. Discussion continued regarding informing the public and how other cities are dealing with this item. City Attorney Irhke indicated that in addition to staff reaching out to valley cities, he will reach out to his colleagues who are dealing with this item in other cities. Planning Manager Perez introduced the Design and Development Department's Building Official Burt Hanada who was available to answer any questions the Commission might have. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:57 p.m. Public Speaker: None Motion - A motion was made and seconded by Commissioners Wright/Blum to continue Zoning Ordinance Amendment 2017-0001 submitted by the City of La Quinta to an unspecific future Planning Commission meeting and with the Public Hearing to be noticed in the regular manner; and if allowable and within reason, noticed in The Gem and a city residents mailing. AYES: Commissioners Blum, Caldwell, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: Hansen. ABSTAIN: None. Motion passed unanimously. 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. 358 Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding use of the property to address drainage and retention concerns along Eisenhower Drive including the status of the property should not all of it be required for retention purposes. City Attorney Irhke stated that there is nothing to preclude the City from selling the property should the retention project not move forward. Staff indicated that a retention basin located on the property would address many of the issues along Eisenhower and would also consider additional improvements that may needed at Avenue 50 and Eisenhower Drive as runoff from other areas drain towards Avenue 50 and the proposed retention basin would not be able to intercept that water. Chairperson Bettencourt recused himself and left the dais during the discussion and vote on this item due to a possible conflict of interest. Vice Chairperson Blum sat as Presiding Officer in the Chairman's absence. Discussion continued regarding the water runoff from the mountains and adjacent properties near the site; providing hiking access for the public to the hillsides surrounding the site; providing an access way through the site between Legacy Villas and the La Quinta Resort; future consideration of trails or recreation areas on the site in the areas that are not utilized by the proposed retention basin; and the impact on the La Quinta Resort and adjacent neighborhoods. Staff stated that dependent upon the design capacity of the retention basin there would be a requirement to have an emergency overflow should the basin reach capacity. Staff said the overflow would be directed back onto the streets and not toward surrounding houses. Motion - A motion was made and seconded by Commissioners QuilUCaldwell to adopt Resolution No. 2017-002 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 General Plan 2035. AYES: Commissioners Blum, Caldwell, McCune, Quill, and Wright. NOES: None. ABSENT: Commissioner Hansen. ABSTAIN: Chairperson Bettencourt. Motion passed. Chairperson Bettencourt returned to the dais and resumed the duty of Presiding Officer for the remainder of the meeting. CORRESPONDENCE AND WRITTEN MATERIAL - None 359 COMMISSIONER ITEM Chairperson Bettencourt stated that he is looking forward to an update of development agreements, a review of cell tower inventory, and a review of landscaping compliance at the theatre. Commissioner Quill shared information regarding an Environmental Impact Report and fencing plan related to the bighorn sheep that maybe going before the Coachella Valley Association of Governments Executive Committee for approval on February 27. Planning Manager Perez confirmed that the fence scheduled to be installed at SilverRock at the end of the month is a temporary fence and is a condition of the Site Development permit. STAFF ITEMS 1. City Attorney Irhke presented the report regarding Rules of Procedures for Council, Boards and Commission meetings. 2. The Development Status Report was presented by Planning Manager Perez. 3. Planning Manager Perez updated the Commission regarding registration status for the League of California Cities Planning Commissioners Academy, March 1-3, 2017. 4. Announcement of a Special Joint City Council, Boards and Commissions Meeting scheduled for 5:30 p.m. on February 23, 2017 at the La Quinta Library. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Blum/Wright to adjourn this meeting at 7:34 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California 360 PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 28, 2017 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, Caldwell, Hansen, McCune, Quill, Wright and Chairperson Bettencourt ABSENT: None STAFF PRESENT: Assistant City Attorney Morgan Gallagher, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Associate Planner Carlos Flores, Financial Analyst Rosemary Hallick, Executive Assistant Wanda Wise -Latta and Office Assistant Carley Votaw Commissioner Hansen led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed Chairperson Bettencourt recused himself from the discussion and vote regarding the minutes of February 14, 2017 due to a possible conflict of interest. Vice Chairperson Blum sat as Presiding Officer. APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Wright/Caldwell to approve the Planning Commission Minutes of February 14, 2017, as submitted with the following corrections: Page 3, paragraph 3, sentence 4 to read: He indicated that any application that came before the city would defer to state law on this issue until we have a new ordinance in place. Page 5, paragraph 4, sentence 1 to read: 361 Discussion continued regarding the water runoff from the mountains and adjacent properties near the site; providing hiking access for the public to the hillsides surrounding the site; providing an access way through the site between Legacy Villas and the La Quinta Resort, future consideration of trails or recreation areas on the site in the areas that are not utilized by the proposed retention basin; and the impact on the La Quinta Resort and adjacent neighborhoods. AYES: Commissioners Blum, Caldwell, Hansen, McCune, Quill, and Wright. NOES: None. ABSENT: None. ABSTAIN: Chairperson Bettencourt. Motion passed. Chairperson Bettencourt resumed the duty of Presiding Officer for the remainder of the meeting. PUBLIC HEARING 1. Conditional Use Permit 2016-0004 submitted by Home Depot U.S.A., Inc., proposing an outdoor displays and sales at the existing Home Depot. CEQA: exempt from environmental review pursuant to Section 15301 in that the proposed project can be characterized as an existing facility. Location: 79900 Highway 111. Associate Planner Carlos Flores presented the information contained in the staff report, which is on file in the Design and Development Department and stated the purpose of the proposal is to bring the outdoor displays and sales area into compliance, provide designated location and size of display areas, and ADA- accessible paths. General discussion followed regarding improved parking, the square footage of outdoor display area, walkways and fire lanes. Public Speaker: Howard Hardin, with Greenberg Farrow, Irvine, CA - introduced himself and stated that he represented the applicant. He addressed the Commission's question regarding display square footage and stated that should the proposal be approved a stripping plan would be submitted to designate location of display areas. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:19 p.m. Mr. Hardin clarified that the Shed Display area identified on the map is for marketing purposes only and no demonstrations would occur at the display site. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 6:22 p.m. 362 Motion - A motion was made and seconded by Commissioners Blum/Wright to adopt Resolution No. 2017-003 of the Planning Commission of the City of La Quinta, California to deem the project exempt from the California Environmental Quality Act and approve Conditional Use Permit 2016-0004 to allow for outdoor displays and sales at an existing Home Depot. AYES: Commissioners Blum, Caldwell, Hansen, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. BUSINESS SESSION 1. Sign Program Amendment 2016-0003 (SAPR 1997-383, Amendment 1) submitted by Global Sign Systems, LLC proposing to amend the Sign Program for Jefferson Plaza Shopping Center. CEQA: exempt from environmental review pursuant to Section 15301 in that the proposed project can be characterized as an existing facility in that this proposal includes the addition of on -premise signs. Location: 79-700 Highway 111. Associate Planner Carlos Flores presented the information contained in the staff report, which is on file in the Design and Development Department. Discussion followed regarding the sign program amendment process and signage visibility from Highway 111. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 6:42 p.m. Public Speaker: Michael Blakely, Global Sign Systems, Oxnard, CA - introduced himself and stated that he represented the applicant. Mr. Blakely provided clarification regarding Smart and Final Extra's main signage and the company's brand and sub -brand copy. Staff stated that there is a concern regarding setting a precedent if the applicant's proposed sign amendment should be approved. Mr. Blakely asked if the Commission approved the request would the specific size that the applicant is requesting be included in the approval. Staff stated that if there was full approval of the applicant's request Resolution Finding No. 2 Consistency with Zoning Code would be removed and Finding No. 7 would be added to address Additional Area. Motion - A motion was made and seconded by Commissioners Quill/Blum to approve Resolution No. 2017-004 of the Planning Commission of the City of La Quinta, California approving a sign program amendment for the Jefferson Plaza Center specific to the Smart and Final building and make modification to the 363 Conditions of Approval eliminating Finding No. 2 and add Finding No. 7 allowing for modification to the signage area to 328 square feet due to the fact that it is a significant set back from Highway 111 and with new construction occurring it is potentially less visible than it has been in the past. AYES: Commissioners Blum, Caldwell, Hansen, McCune, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion passed unanimously. STUDY SESSION 1. Development Agreement Status Report Planning Manager Perez presented the Development Agreement Status Report which is on file in the Design and Development Department. He noted that there was an error on Attachment No. 2 and that as part of a subsequent development agreement amendment the Sanctuary Villas were removed from Center Point. He also introduced the City's Financial Services Analyst Rosemary Hallick. Financial Services Analyst Hallick introduced herself and answered the Commission's question regarding mitigation fees and when they apply. Planning Manager Perez said that this is the first time that this periodic review has been presented to the Planning Commission and a report will be presented to the Council in the near future noting that the applicants would be notified 30 days prior to the presentation to Council. Financial Services Analyst Hallick addressed the Commission's question regarding the impact of the mitigation fees on the City's budget and stated that this year's budget impact related to these TOT fees was approximately $390,000 and would probably end up collecting approximately $425,000. Chairperson Bettencourt encouraged staff to look at the possibility of self - certification on the part of the applicant whereby the developer/applicant would certify that they have performed and complied with their obligations under the development agreement. Assistant City Attorney Gallagher confirmed that the City has lien rights should the developer not perform. Planning Manager Perez stated that staff will complete its research as to whether there is mitigation payments owed to the City by Center Point and then be able to move forward in preparation of a report to the Council. In addition, he said that previously it was uncertain if there was an HOA for the Casitas at Center Point, but it was determined today that there is an HOA. 364 Staff stated that no action is required of the Commission. 2. Discuss Amendments to the La Quinta Municipal Code Section 9.60.030 Fences and Walls. Planning Manager Perez presented the report regarding a discussion of possible amendments to the La Quinta Municipal Code Section 9.60.030 Fences and Walls which is on file in the Design and Development Department. Public Speaker - Marie[ Swann, La Quinta -introduced herself and spoke in support of possible amendments to the La Quinta Municipal Code Section Fences and Walls that would provide greater flexibility in the City's fence and wall requirements. Public Speaker - David Hilts, La Quinta -introduced himself and spoke in support of possible amendments to the La Quinta Municipal Code Section Fences and Walls that would provide greater flexibility in the City's fence and wall requirements and include the use of corrugated metal. Commissioner Blum stated he is not in favor of the use of corrugated metal. Commissioners Quill, Wright and McCune were in favor of including the use of corrugated metal as an allowable fencing and wall material. Commissioner Quill suggested consideration be given to limiting its use to specific areas or neighborhoods. Commissioner Caldwell would like to see standards in place regarding the use of corrugated metal that would include appropriateness of use, compatibility with the design of the home, and the quality and grade of metal that can be used. Chairperson Bettencourt suggested a mini site plan review be considered with regards to the use of this material. Commissioners Quill and Hanson suggested consideration of other materials such as bamboo, glass, concrete panels and stacked stone. Commissioner Wright stated that materials should be sustainable and no maintenance and would not want to limit the use of materials to specific areas within the city. Assistant City Attorney Gallagher stated for the record that any comments made tonight were regarding the Study Session and not regarding any particular property. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEMS - None 365 STAFF ITEM 1. Century La Quinta Theater Landscape Status Update was presented by Planning Manager Perez confirming completion of landscape improvements and regular landscape maintenance. The report is on file in the Design and Development Department. 2. Installation of the fence as part of the mitigation measure at SilverRock Resort began today and an initial meeting was held that included staff and various mitigation monitors. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Blum to adjourn this meeting at 8:01 p.m. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Executive Assistant City of La Quinta, California . ^. REPORTS AND INFORMATION ITEM NO. 27 COMMUNITY SERVICES COMMISSION MINUTES MONDAY, MARCH 13, 2017 CALL TO ORDER A regular meeting of the La Quinta Community Services Commission was called to order at 5:30 p.m. by Chair Johnson. ROLL CALL PRESENT: Commissioners Chiapperini, Quill, Simonds and Chair Johnson ABSENT: Commissioner Lambert PLEDGE OF ALLEGIANCE Chair Johnson led the Commission in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None REPORTS AND INFORMATIONAL ITEMS 1. COMMUNITY PROGRAMS AND WELLNESS REPORT - FEBRUARY 2017 Presented by Supervisor Calderon 2. FACILITES REPORT - XPARK UPDATE Presented by Superintendent Ambriz • Scoping meeting held at La Quints High School on Monday, February 27:from 5:30 - 6:30 p.m. with approximately 60 attendees • New scope to be presented to Council in August 2017 3. REPORT FROM COMMISSIONERS REGARDING MEETINGS ATTENDED 4. REPORT FROM JOINT COUNCIL/BOARDS/COMMISSION MEETING Presented by Director Escobedo • SilverRock update • Council revenue expectations • Meeting Rules and Procedures CONSENT CALENDAR (MOTION REQUIRED) 1. APPROVE MINUTES OF FEBRUARY 13, 2017 S COMMUNITY SERVICES COMMISSION MINUTES MARCH 13, 2017 367 Motion: A motion was made and seconded by Commissioners Chiapperini/Quill to approve the February 13, 2017 Community Service Commission minutes as revised. Motion passed: ayes 4, noes 0, absent 1 (Lambert). BUSINESS SESSION (DISCUSSION THEN MOTION) 1. CONSIDER ART DONATION FROM MARLA NELSON Motion: A motion was made and seconded by Commissioners Johnson/Chiapperini to recommend to Council the art piece #3 Desert Scope as a donation from Marla Nelson to be displayed at the Wellness Center. Motion passed: ayes 4, noes 0, absent 1 (Lambert). COMMISSIONER'S ITEMS Borrego Springs wildflower bloom video was shared. • The Commission expressed their disappointment with the Desert X exhibit options offered to the City. Staff is working with the organization for participation in the next event. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Simonds/Quill to adjourn the meeting at 6:32 p.m. Motion passed: ayes 4, noes 0, absent 1 (Lambert). Respectfully submitt , LISA CHAUDHRY, Admini5sgfive Technician City of La Quinta, CalifgOpKa COMMUNITY SERVICES COMMISSION MINUTES MARCH 13, 2017 368 HAND OUTS CITY COUNCIL MEETING APRIL 18,2017 COUNCIL MEETING- APR L 18, 2017 - HAND-OUT BUST N ESS SESSI ON ITEM NO. 1 SI LVERROCK RESORT, AMENDMENT NO. 2 TO PSDA April 17, 2017 City Council City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Mark L. Johnson 78370 Via Dijon La Quinta, CA 92253 Phone: 760-777-2698 E-Mail: mljh2o@verizon.net Subject: City Council Meeting -April 18, 2017-Business Item 1-APPROVE COVENANTS AFFECTING REAL PROPERTY AND AMENDMENT NO. 2 TO PURCHASE, SALE AND DEVELOPMENT AGREEMENT WITH SILVERROCK DEVELOPMENT COMPANY LLC FOR SILVERROCK RESORT Dear City Council: On behalf of a group of approximately 20 Resident Golfers, the following summary comments are provided for the above captioned Business Item. Specific redline comments regarding Amendment No. 2/Covenants, Greens Fee Schedule and SilverRock Development Golf Course Key Dates are attached. The Golf Course should be privatized as it makes good economic sense. The Covenants respect the public recreation goals of the 2002 SilverRock Specific Plan and the fact that the Resident Golfers have enjoyed the recreation, camaraderie and beauty that SilverRock offers for the past twelve years. Summary Comments Amendment No.2 Add Resident Golfer Advisory Committee. This will be a five -member committee that will be selected like all other City committee/commission members and will provide input/suggestions to the Developer/Golf Course Manager on the planning, design, construction, operation and maintenance of the golf course and associated facilities. The Resident Golfer Advisory Committee will be in place by July 1, 2017. We are the users, we know the golf course/facilities and we should have an official means to provide input. Robert Green (Developer) indicated at the March 21, 2017 Study Session that he would support a Resident Golfer Advisory Committee. Add Performance -Based Golf Course Management Contract. This is the development of a new Golf Course Management Contract (Contract) that is Performance -Based. This Contract will ensure the golf course and associated facilities are managed properly and according to specifications. The Golfer Advisory Committee will provide input in the development of the Contract. The Contract will be solicited for proposals in late 2017 with the successful Golf Course Manager in place by January 1, 2018. The Golf Course Manager will be responsible to the Developer. The Developer can submit a competitive proposal to self -perform this Contract. City Council Meeting -April 18, 2017 Business Item 1-SILVERROCK DEVELOPMENT AMENDMENT NO. 2 & COVENANTS Page 2 Covenants • Definitions. Add "Golf Course Manager", "Non -Resident Rate", "Performance -Based Golf Course Management Contract", "Resident Golfer Advisory Committee" and "Resident Guest Rate". • Resident Access Card. Fee increases June 1, 2017 by 15% to $173 for three-year period and fee adjusts annually thereafter by CPI. Removed six-month physical residency requirement. • Resident Greens Fee (Resident Rate). Resident Rate increases on June 1, 2017 by 15% to establish the Resident Base Rate and adjusts annually thereafter by CPI. • Resident Guest Rate. Added section to define Resident Guest Rate as the same as the Resident Rate except in the Peak Season it shall be 70% of the Non -Resident Rate. • Tee Times. Effective June 1, 2017, a minimum of 1/3 of the tee times available from opening until 1:00 pm are made available to Resident Golfers seven (7) days in advance beginning at 6:00 AM, i.e. Resident Golfers can book a tee time at 6:00 AM Saturday for the following Saturday. Added clarification that Resident Golfers can obtain any available tee time within two days at the Resident Rate. • Clubhouse Food & Golf Shop Discount. Added section to provide Resident Golfers same 15% food and merchandise discount that exists today. • Detailed Comments. See redline. Thank you for the opportunity to comment and the Resident Golfers look forward to working with the Developer, Golf Course Manager and City on this most important project. Regards, Mark L. Johnson cc: Frank Spevacek, City Manager Peak Shoulder Summer Average Resident Card SilverRock Resident Greens Fee (Resident Rate) Schedule Exhibit MLJ-1 Current Base (+15%) Year 2 (CPI*) Year 3 (CPI*) Year 4 (CPI*) Year 5 (CPI*) Year 6 (CPI*) Year 7 (CPI*) Year 8 (CPI*) Year 9 (CPI*) Year 10 (CPI*) $55 $63 $65 $66 $67 $68 $70 $71 $73 $74 $76 $45 $52 $53 $54 $55 $56 $57 $58 $59 $61 $62 $30 $35 $35 $36 $37 $37 $38 $39 $40 $40 $41 $43 $50 $51 $52 $53 $54 $55 $56 $57 $58 $60 $150 $173 $176 $179 $183 $187 $190 $194 $198 $202 $206 * CPI -LA but no higher than 3%. For this analysis CPI=2% SilverRock Development Golf Course Key Dates MLJ Exhibit 2 A 5/1/17 Phase 1A Land Closing (PA 2-3-4, Luxury Hotel, Shared Conference, Temporary Clubhouse, Temporary Driving Range, Golf Course Realignment) 6/1/17 Resident Golfer Greens Fees/Resident Card Increase and New Resident Golfer Tee Time Booking Procedures 7/1/17 Resident Golfer Advisory Committee formed 10/1/17 Performance -Based Golf Course Management Contract complete and advertised for proposals 11/1/17 Golf Course Realignment, Temporary Clubhouse and Temporary Driving Range complete 11/1/17 Phase 1B Land Closing (PA 5-6-7-8-9-10A-1, Lifestyle Hotel, Promenade Village, Residential Village, Permanent Clubhouse, Permanent Driving Range) 1/1/18 Performance -Based Golf Course Management Contract executed with Golf Course Manager 10/4/19 Luxury Hotel, Lifestyle Hotel, Conference & Shared Facility, Permanent Clubhouse and Permanent Driving Range Complete 11/1/19 Phase 1 C Land Closing (PA 1, Golf Course) construction and completion of the Golf Course Realignment; (d) any and all Site Development Permits have been issued by the City for the construction and completion of the Project Components to be constructed and completed on the Phase 1A Property; and (e) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1A and the Phase 1A Property shall have been satisfied, or waived by City. 5.2 Anticipated Closing Date. Subject to all conditions in the PSDA and this Amendment No. 2 being satisfied or waived, the anticipated closing date of escrow for the Phase 1A Property is on or about May 1, 2017. 5.3 Resident Golfer Advisory Committee. Within 60 days after the Closing Date, the Developer, in conjunction with the City, shall form a five -member Resident Golfer Advisory Committee. Resident Golfers with a valid Resident Access Card may apply to serve on the Resident Golfers Advisory Committee. The Developer/City shall select the five -members in the same manner used for all City Commission/Committee volunteer selections. 5.25.4 Performance -Based Golf Course Management Contract. Within 150 days after the Closing Date, the Developer, with input from the Resident Golfer Advisory Committee shall develop a Performance -Based Golf Course Management Contract that will set performance standards for the operation and maintenance of the Golf Course and related facilities. Within 210 days after the Closing Date, the Developer shall solicit Performance -Based Golf Course Management Contract proposals from qualified golf course management companies, select the best qualified contractor with input from the Resident Golfer Advisory Committee and execute the contract. The Developer can submit a competitive proposal to self -perform this Contract. The Developer shall solicit future Performance -Based Golf Course Management Contract proposals on a periodic basis but no longer than every five years.- 535.5 Golf Course Realignment. Upon the conveyance of the Phase 1A Property to Developer, Developer shall construct and complete the Golf Course Realignment pursuant to the times set forth in the Schedule of Performance and as provided in this Amendment No. 2. 5.45.6 Temporary Golf Clubhouse. Developer shall construct and complete the Temporary Golf Clubhouse pursuant to the times set forth in the Schedule of Performance. 5.55.7 Temporary Driving Range. Developer shall construct and complete the "Temporary Driving Range" (as that term is defined in Section 11.2 below) pursuant to the times set forth in the Schedule of Performance. 5�5.8 Luxury Hotel and Luxury Branded Residential. Developer shall construct and complete the Luxury Hotel and the Luxury Branded Residential Development pursuant to the times set forth in the Schedule of Performance. 5-75.9 Conference and Shared Service Facility. Developer shall construct and complete the Conference and Shared Service Facility pursuant to the times set forth in 698/0 1 5610-0065 10783457.4 44/13/17 the Schedule of Performance. 6.1 Conditions to Conveyance of Phase 1 C (Golf Course) Property. City shall have no obligation to sell or convey the Phase 1 C (Golf Course) Property, and Developer shall have no right to purchase or acquire, the Phase 1 C (Golf Course) Property unless and until the following conditions are met: (a) the Phase 1A Closing and Phase 1 B Closing shall have occurred; (b) the Covenant Affecting Real Property (Golf Course Use) has been recorded, with priority over all secured financing interests (such as deeds of trust or mortgages) in the Recorder's Office, and all other terms and conditions in that covenant have been complied with; (c) DeveloperGity has4ias entered into a Performance -Based Golf Course Management Contract pursuant to Sections 5.3 and 5.4 appFeved a G� 'terse manager, and ee„tFact for such management of the Golf Course, which Golf Course Mmanager shall be first-class and capable of managing the maintenance and operations of the Golf Course pursuant to the Covenant Affecting Real Property (Golf Course Use) and the level of service provided by the City's contracted -for operator of the Golf Course prior to any conveyance of the Phase 1 C (Golf Course) Property; (d) the construction of the following Project Components is completed as evidenced by a Release of Construction Covenants, and are open and available for use by the general public: (i) the Golf Course Realignment (completed) and Golf Course (open for public use), (ii) the Permanent Golf Clubhouse, and (iii) the "Permanent Driving Range" (as that term is defined in Section 11.2 below); (e) vertical construction of both the Luxury Hotel and Lifestyle Hotel has commenced; and (f) the City's Conditions Precedent to the Closing set forth in Section 205.1 of the PSDA with respect to Phase 1 C and the Phase 1 C Property shall have been satisfied, or waived by City. 698/0 1 5610-0065 10783457.4 44/13/17 EXHIBIT E SCHEDULE OF PERFORMANCE SCHEDULE OF PERFORMANCE Item of Performance Sta Completion* rt TRANSACTIONAL AGREEMENTS Execution of PSDA, TOT Sharing Agreements, N/A Complete and TOT Covenant Agreements Open Phase 1 Escrow N/A Complete ADD Resident Golfer Advisor Committee/Performance-Based Golf Course Management Contract dates -See Exhibit MLJ-2 PRE -DEVELOPMENT Land & Site Planning - Prepare, submit to City for approval, and N/A Complete obtain City's approval of, plans for Golf Course Realignment - Master site design N/A Complete Planning & Entitlements Preliminary Engineering & Mapping N/A Complete Site development plans N/A PA (2,3,4,5,6,and 10A): complete, PA (7,8,and 9): 10/4/19 - Prepare, submit to City for approval, and N/A 15 days prior obtain City's approval of, Master Site Phase 1 a Closing Infrastructure Improvements or Phase 1 b Design/Construction Development Closing Drawings (relevant to particular closing) Conditions to Closing - Submit to City for approval and obtain 3 months prior 15 Business City's approval of, evidence of financing to anticipated Days prior to for Master Site Infrastructure Phase 1a anticipated Improvements (relevant to particular Closing or Phase 1 a Closing closing) Phase 1b or Phase 1b Closing Closing - All of Developer's Conditions Precedent N/A 15 Business to the Closing and City's Conditions Days prior to Precedent to the Closing have been anticipated satisfied, or waived by the appropriate Phase 1 a Closing party or Phase lb Closing 698/015610-0065 10783457A A4/13/17 150 EXHIBIT F COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) This COVENANT AFFECTING REAL PROPERTY (GOLF COURSE USE) (the "Covenant") is entered into as of the _ day of , 2017 (the "Effective Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city ("City"), and SILVERROCK DEVELOPMENT COMPANY, LLC, a Delaware limited liability company ("Developer"), with reference to thefollowing: RECITALS: A City owns fee title to that certain real property located at the southwest intersection of Jefferson Street and Avenue 52, in the City of La Quinta, California, a general depiction of which is the Site Map attached as Exhibit "A" and incorporated herein (the "SilverRock Resort Area"). City and Developer entered into that certain Purchase, Sale, and Development Agreement dated November 19, 2014 (the "Original PSDA"), pursuant to which City agreed to sell to Developer specified "Planning Areas" (as that term is defined in the PSDA) in the SilverRock Resort Area, and Developer agreed to purchase from City those specified "Planning Areas" to thereafter construct, complete, and operate thereon a commercial project containing a luxury resort hotel and spa and associated branded luxury residential units, a lifestyle hotel and associated lifestyle branded residential units, a conference and shared service facility, a temporary and permanent clubhouse for the SilverRock Resort's Arnold Palmer Classic Course, a mixed use village, a resort residential village, and associated amenities, all as further described in the PSDA as the "Project Components." B City and Developer entered into that certain Amendment No. 1 to Purchase, Sale, and Development Agreement dated October 29, 2015 ("PSDA Amendment No. 1") and Amendment No. 2 to Purchase, Sale, and Development Agreement dated April 18, 2017 ("PSDA Amendment No. 2"), to, among other things, update the Site Map and various timeframes within the Original PSDA, including certain timeframes within the Schedule of Performance. The Original PSDA, as modified by PSDA Amendment No. 1 and No. 2, and any other amendments thereto, is hereinafter referred to as the "PSDA." C The PSDA and SilverRock Resort Specific Plan ("Specific Plan"), among other land use governing documents, permits, and entitlements, are centered around the existing use and enjoyment, by residents, guests of the City, and members of the public, of the SilverRock Resort's Arnold Palmer Classic Course (the "Golf Course"). D Pursuant to the PSDA and other City permits and entitlements, Developer is required to complete a realignment of the Golf Course so that the construction, development, use, and operation of all "Project Components" (as that term is defined in the PSDA) may be realized (the "Golf Course Realignment"). E On April 18, 2017, City approved Tentative Parcel Map No. 37207, attached as Exhibit "B", and incorporated herein (the "Parcel Map"), which, in 699/015610-0065 10768446.6 a04/ 13/ 17 ' 1 156 accordance with the Subdivision Map Act, subdivided the SilverRock Resort Area into the following parcels that constitute the Golf Course, an appurtenant maintenance yard, the future "Permanent Golf Clubhouse" (as that term is defined in the PSDA), a future driving range, and a future golf course: (i) Parcels 3, 17, 18,19, and 20 constitute the Golf Course, and are collectively referred to herein as the "Golf Course Parcels"; (ii) Parcels A, B, C, D, E, F, and G constitute access, operations, and maintenance parcels related to the Golf Course, and are collectively referred to herein as the "Golf Course Access/Operations Parcels"; (iii) Parcel 8 will constitute the Permanent Golf Clubhouse, and is referred to herein as the "Permanent Golf Clubhouse Parcel; and (iv) portions of Parcels13, 14, 15, and 16 will constitute a future driving range and a future golf course, and are collectively referred to as the "Driving Range/Golf Course Parcels"). Similarly, the Parcel Map subdivided Parcel 4 as the parcel to be the location of the "Luxury Hotel' (as that term is defined in the PSDA) once the Golf Course Realignment is completed, but as of the Effective Date of this Covenant serves as a parcel for the Golf Course (the "Luxury Hotel Parcel"). The Golf Course Parcels, Golf Course Access/Operations Parcels, Permanent Golf Clubhouse Parcel, Driving Range/Golf Course Parcels, and Luxury Hotel Parcel are collectively referred to herein as the "Covenant Parcels" and are more particularly described in the legal descriptions attached hereto as Exhibit "C" and incorporated herein (the "Covenant Parcels Legal Descriptions"). The Covenant Parcels are burdened by this Covenant, serve as the "burdened estate" for purposes of this Covenant, and are subject to its terms and conditions, as more particularly set forth herein. F. This Covenant is being recorded to, among other things, ensure that the Golf Course Parcels are maintained and used solely as a first-class golf course that is open to the public, and that residents of the City retain the same quality and level of access to the Golf Course that they have as of the Effective Date of this Covenant which, generally, is a minimum of one-third (1/3) of all tee times from the time the Golf Course opens until 1:00- p.m., which is approximately 15,000 rounds of golf, all as more specifically set forth in this Covenant. G City is the owner in fee of those certain public streets located in the City and known as Avenue 52 and Jefferson Street. The portions of said public streets that are adjacent to the SilverRock Resort Area, as depicted on the Parcel Map, in addition to any and all other real property owned by the City for public use (collectively, the "City-Benefitted Property"), is benefited by this Covenant, and serves as the "benefited estate" for purposes of this Covenant, and the terms and conditions, as more particularly set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows: 699/015610-0065 10768446.6 a04/ 13/ 17 -2- 157 1. GENERAL PROVISIONS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Covenant, the following terms when used in this Covenant shall be defined asfollows: 1.1.1"City" means the City of La Quinta, a charter city and municipal corporation, including each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and the Planning Commission. 1.1.2"City-Benefitted Property" shall have the meaning in Recital G of this Covenant. 1.1.3"City Council" means the City Council of the City and the legislative body of the City pursuant to California Government Code Section 65867. 1.1.4"City Manager" means the individual duly appointed to the position of City Manager of City, or his or her authorized designee. 1.1.5"Covenant" means this Covenant Affecting Real Property (Golf Course Use). Covenant. 1.1.6 "Covenant Parcels" shall have the meaning in Recital E of this 1.1.7 "Covenant Parcels Legal Descriptions" shall have the meaningin Recital E of this Covenant. 1.1.8"Daily Resident Rate Cap" shall have the meaning set forth in Section 3.4.2(B) of this Covenant. 1.1.9"Developer" means SilverRock Development Company, LLC, a Delaware limited liability company, and its successors and assigns. 1.1.10 "Driving Range/Golf Course Parcels" shall have the meaning set forth in Recital E of this Covenant. 1.1.11 "Effective Date" shall have the meaning set forth in Section 1.2 of this Covenant. 1.1.12 "Golf Course" means the SilverRock Resort's Arnold Palmer Classic Course and all operations related thereto, in its current location, as of the Effective Date of this Covenant, subject to reconfiguring and realignment pursuant to 699/015610-0065 10768446.6 a04/ 13/ 17 -4- 159 the Golf Course Realignment and any other reconfiguring approved by the City from time to time. 1.1.13 "Golf Course Access/Operations Parcels" shall have the meaning in Recital E of this Covenant. 1.1.14 "Golf Course Manager" is the entity selected to execute the Performance -Based Golf Course Management Contract. 1 1-141.1.15 "Golf Course Parcels" shall have the meaning in Recital E of Covenant. this 1.1.151.1.16 "Golf Course Realignment" shall have the meaning in Recital D of this Covenant. 1161.1.17 "Luxury Hotel Parcel" shall have the meaning in Recital E of this Covenant. 1.1.18 "Non -Resident Rate" is the actual combined rate paid by hotel quests staving at any hotel at the SilverRock Resort Area and by the aeneral public (who are not holders of Resident Access Cards). 1.1.171.1.19 "Original PSDA" shall have the meaning in Recital A of Covenant. this Covenant. 1.1.181.1.20 "Parcel Map" means the parcel map identified in Recital E of this 11.1 1.1.21 "Parties" means collectively Developer and City, and their 698/015610-0065 10768446.6 a04/13/17 -5- 159 respective successors and assigns. Each may be referred to in the singularas a "Party" 1.1.22 "Performance -Based Golf Course Management Contract" means a contract to operate and maintain the Golf Course and related facilities in accordance with defined performance specifications. 11? 1.1.23 "Permanent Golf Clubhouse Parcel" shall have the meaning in Recital E of this Covenant 1.1.211.1.24 "Planning Area" means an area designated on the Site Map as a planning area. 1 1 2 1.1.25 "Project Component" shall have the same meaning as defined in the PSDA. 1 1.1.26 "PSDA" shall have the meaning in Recital B of this Covenant. T--t.24 .1.27 "PSDA Amendment No. 1" shall have the meaning in Recital B ofthis Covenant. '11-251.1.28"PSDA Amendment No. 2" shall have the meaning in Recital B of this Covenant. 1.1.261.1.29 "Recorder's Office" means the Riverside County, California, Office of Official Records. 1-1 21.1.30 "Resident Access Card(s)" means cards issued by the City to qualifying persons, based on establishing a residence in the City among other criteria as the City may establish from time to time, that grant such cardholders preferred rates of play and scheduling of tee times at the Golf Course. 1.1.231.1.31 "Resident Base Rate" means the rate charged to a holder of a valid Resident Access Card effective June 1, 2017. 1.1.32 "Resident Golfer Advisory Committee" is a five -member committee of Resident Golfers that provides input/suggestions on the planning, design, construction, operation and maintenance of the Golf Course and associated facilities. The Developer/Golf Course Manager/City shall select the five - members in the same manner used for all City Commission/Committee volunteer selections. 1.1.33 "Resident Guest Rate" means the rate charged to non-resident guests playing in the with a Resident with a valid Resident Access Card. 699/015610-0065 10768446.6 a04/ 13/ 17 -7- 162 2. USE GOLF COURSE AND ANCILLARY ACCESS AND MAINTENANCE 2.1 Golf Course Parcels. The Golf Course Parcels shall be used as a golf course with allowance for appurtenant maintenance yard and facilities, and related golf course amenities, according to the following: (A) The Golf Course shall be open and available for play as was customarily the practice as of the Effective Date of this Covenant. In explanation of the preceding sentence, the hours of operation, closures for routine maintenance, and other factors relating to the services and operations provided, while the Golf Course was open and while it was closed, shall be similar to the practices used annually and regularly, before the Effective Date of this Covenant. (B) The Golf Course at all times shall be of the caliber, reputation, difficulty, design (including the allowable Golf Course Realignment design), maintenance, and general "golf experience" that the Golf Course has as of the Effective Date of this Covenant. The Golf Course shall maintain a designation as an "Arnold Palmer" (or successor name/similar caliber designation) golf course. (C) The Golf Course Parcels shall be available for use and enjoyment by City residents and the general public pursuant to the terms and conditions of this Covenant, and any other applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the Golf Course. (D) The maintenance yard and facilities shall be and remain on Parcel 20 as shown on the Parcel Map. (E) The Golf Course shall be open and available for use on such days and times as generally were in practice as of the Effective Date of this Covenant. (F) The Golf Course shall have a clubhouse that shall be open to the public. The clubhouse shall have at a minimum the same services and operations (such as food and beverage services, golf equipment and clothing, golf carts, and other similar amenities customarily available at a first-class golf course and resort) as were available as of the Effective Date of this Covenant. ,The clubhouse may be either a temporary or permanent (clubhouse, provided the clubhouse is constructed, operated, and maintained in accordance with all applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the clubhouse. The clubhouse may be on a parcel that is located adjacent to one of the Golf Course Parcels, provided the clubhouse location is approved in accordance with all applicable laws, the PSDA, and any and all City permits, licenses, and other agreements relating to the clubhouse. 699/015610-0065 10768446.6 a04/13/17 In 163 Comment [MLJII: This needs to be further defined so as not to give the appearance that the clubhouse can be temporary forever Formatted: Highlight 2.2 Golf Course Access/Operations Parcels. The Golf Course Access/Operations Parcels shall be used and be available for use in the same manner as they were used and available for use as of the Effective Date of this Covenant, according to thefollowing: (A) The Golf Course Parcels shall have access (vehicular and pedestrian ingress and egress) from the public street segments comprising a portion of the City-Benefitted Property at all times on, over, and through some or all of Golf Course Access/Operations Parcels; provided, however, such access may be modified pursuant to a subdivision map or other City action, pursuant to any applicable law, that maintains access to the Golf Course Parcels from the public street segments comprising a portion of the City-Benefitted Property. (B) The Golf Course Access/Operations Parcels shall allow access to the Golf Course for City residents, City officials and employees, and any and all other persons and members of the general public. 2.3 Luxury Hotel Parcel. The Luxury Hotel Parcel shall be used as part of the Golf Course unless the City conveys the right, title and interest in the Luxury Hotel Parcel to Developer, in which case the Luxury Hotel Parcel shall not be required to be used as part of the Golf Course as long as the Developer uses the Luxury Hotel Parcel in furtherance of the Golf Course Realignment and the development of the Luxury Hotel thereon, pursuant to the PSDA. Upon the completion of construction of the Luxury Hotel, as evidenced by the Release of Construction Covenants for the Luxury Hotel Component as provided in the PSDA, this Covenant shall no longer apply or be of force and effect against the Luxury Hotel Parcel. 2.4 Dedications and Improvements. Nothing in this Covenant shall release or relieve Developer from making any offers of dedications to the City or other applicable public agency, or complete those public improvements in connection with the development of the SilverRock Resort Area, as may be required by any conditions of approval, the Parcel Map, or any other requirement imposed by the City. 3. RESIDENT ACCESS AND USE OF THE GOLF COURSE 3.1 Resident Access Cards for Qualifying Persons. The City shall provide a process and program available to qualifying persons to apply for and receive Resident Access Cards. The City may contract with the Developer/Golf Course Manager Developer or a third party operator of the Gelf G-A-urse for the administration of the Resident Access Card process and program. The City shall establish eligibility requirements, which may be modified from time to time in the City's reasonable discretion and subject to the terms and conditions of this Covenant, under 184 which the City shall administer and issue to qualifying persons the Resident Access Cards. The eligibility requirements shall be the same as were in place as of the Effective Date of this Covenant unless the City modifies those requirements pursuant to this Covenant. Eligibility requirements applicable to all Resident Access Cards, which may be modified by the City, include but are not limited to: (A) Reasonable methods to prove and verify residency in the City, such as a requirement that an applicant for a Resident Access Card provide to the City a property tax bill or residential lease with the applicant's name on that property tax bill or residential lease. 3.2 Terms and Conditions of Use; Revocable License. All Resident Access Cards shall be a license subject to revocation pursuant to terms and conditions established from time to time in the City's reasonable discretion and subject to the terms and condition of this Covenant. The terms and conditions attached to all currently issued Resident Access Cards as of the Effective Date of this Covenant shall be the same as were in place as of the Effective Date of this Covenant, and the terms and conditions for all Resident Access Cards applied for and issued after the Effective Date of this Covenant shall be the same as were in place as of the Effective Date of this Covenant unless the City modifies those requirements pursuant to this Covenant. Terms and conditions applicable to all Resident Access Cards, which may be modified from time to time by the City, shall include: (A) The period for which a Resident Access Card remains valid, which shall be three (3) years from date of issuance. The cost to purchase a Resident Access Card, which, as of the Effective Date of this Covenant, is One Hundred Fifty Dollars ($150). The cost to purchase a Resident Access Card will increase by 15% ($173) effective June 1, 2017 and shall increase by no more than the Consumer Price Index (or similar nationally recognized inflationary index) (the "CPI") for All Urban Consumers, not seasonally adjusted, for Los Angeles County, Riverside County, Orange County, averaged for the twelve (12) month period commencing fifteen (15) months prior to January 1 and ending three (3) months prior to January 1 (the "Resident Access Card Rate Annual Adiustment"). The Resident Access Card Rate Annual Ad'Iustment may not exceed 3%. 184 3.3 Obligation to Honor Valid Resident Access Cards. Comment [MLJ2]: Not sure why this is needed? The owner of the Golf Course Parcels, including Developer and any successor in interest, shall honor any valid Resident Access Card and, at a minimum, shall honor the privileges set forth in this Covenant to any qualifying person holding a valid Resident Access Card. 3.4 Minimum Privileaes Granted to Valid Resident Access Card Holders. The following Privileges Granted to Valid Resident Access Card Holders become effective on June 1, 2017: If the City, S the Golf Course Parcel the m iRiml privdeges established by the-C-ity as of the Effective Date of this Covenant shall apply -to each qualifying person who holds a valid Resident Access Card. if the City is not the owner of the Golf Geurse PaFGels, theR eaGh qualifying persen who helds a valid ResodeRt AGGeGS Gard shall have the following privileges available for use and eRjoyment of the Gelfre� arse• 3 'IReeLino Tee Times Until s oh time as Gity i no longer the ewRer of the Golf Course Rareels either of fPFOGeSSeS ho et forth On paragraohs (A) Rd (B) below shall he mailable to helder of valid Residdent Aeoess Gard why,., a-vurravr�co a�rrvrac� as cnr rcccc cu�rnv-vvrrcrT booking a fee time At such time s City is o longer the owner of the Golf Cou'rr t this G t shall he tomat'Eally se P-aree s���,�,--o�a�i�,�r „� modified to delete paragraph (A) below, and thereafter 4e preGess set forth OR eh (B) below shall he available to a helder of a valid Resident AGGess Card when heekino a tee time 3.4.1Booking Tee Times (AtA) The sarne pros-ess 'a and ability to book arieetirne as in place as of the Gffeetiye dote of this Covenant; and/or No less than one week in advance of the day of play, blocks of reserved tee times representing no less than one-third (1/3) of all tee times from the Golf Course's opening time until 1:00 p.m. each day the Golf Course is open for play, reasonably and proportionately scheduled throughout -that opening/1:00 p.m. time period, shall be made available to holders of valid Resident Access Cards. in the ahsenoe of a o.dified o oedure a ,ed by the G4i Tthe time at which a tee time may be booked shall commence at 6:00 a.m. on the day by which a reservation must be made; for example, if the holder of a Resident Access Card wants to book a tee time for a Saturday pursuant to the one (1)-week advance reservation provision in Section 3.4.1(B) above, the earliest time at which to make that reservation would be 6:00 a.m. the Saturday before the Saturday of play. Subject to the terms and conditions in this Section 3.4.1, the scheduling of tee times, and the implementation of blocks of reserved tee times, shall follow or be similar 184 to the schedule matrix set forth in the "Tee Time Block Schedule Example" in Exhibit "D" attached hereto and incorporated herein by reference. Notwithstanding anything to the contrary in this Covenant, tournaments and other similar group play shall take priority over other reservations, provided that the " a minimum of one-third (1/3) of all tee times" requirement described in paragraph (B) above is satisfied on a monthly basis. IR the abseRee ef a medified pFeGeduFe appFeved by the City, tee times that have beeR AGGeSS GaFd holder two (2) days pF'E)F to the date ef play, Fnay be made available te the basis. Tee times that have not been "blocked -off" for Resident Access Card holders but have not been booked by Non -Residents (including guests at the SilverRock Resort) two (2) days prior to the date of play, shall be made available to the Resident Access Card holders at the Resident Rate on a first -come, first -served basis. 3.4.2Reduced Rate for Golf Course Play. The rate charged to each holder of a valid Resident Access Card for each round of golf played at the Golf Course (the "Resident Rate") shall be governed according to the following: 4�)LALThe Resident Rate shall not exceed, on any given day the Golf Course is open for play, fifty percent (50%) of the -Non -Resident Rate Saris -)-for that same day that the Golf Course is open for play; for example, if the Non -Resident Rate actual ce;;bAned Fate fee hotel guests Rd geneFal playiRgon March 1 of any given year is $100, the maximum Resident Rate for that March 1 is $50. The fifty percent (50%) cap described in this paragraph is referred to as the "Daily Resident Rate Cap." The Daily Resident Rate Cap shall only apply for golf course play during the "prime season months" from November 1 through March 31 of everyyear. The current Resident Rate shall be adjusted by 15% on June 1, 2017 to establish the Resident Base Rate. The Resident Rate shall be adjusted annually thereafter on January 1 by the Consumer Price Index (or similar nationally recognized inflationary index) (the "CPI') for All Urban Consumers, not seasonally adjusted, for Los Angeles County, Riverside County, Orange County, averaged for the twelve 02) month period commencing fifteen 05) months prior to January 1 and ending three (3) months prior to January 1 (the "Resident Rate Annual Adjustment"). The Resident Rate Annual Adjustment may not exceed 3%. Exhibit MLJ-1 provides a 10-Year Resident Greens Fee Schedule based on a 2% CPI. 184 SllverRock Resident Greens fee )Resident Rate) Schedule Exhibit MU-1 Sv11.0 kK-L-15%7 Year2,tSRl'1 Year3 iCFI'1 Year..41CP11 1-5(CP1.) Y,,r6{rnr] Year 711cP11 Yeara,LCPY'1 I[,~4x Flvj.j Y-19ACP1`I P.k $55 $53 .1 $66 $67 S65 570 $11 $13 $14 111 Shoulder S45 $52 $53 $54 $55 $56 511 $58 $59 $81 $62 Summer $39 $35 S" 536 $37 $31 $3B $39 $40 I. $I1 Average 543 $50 $51 552 153 $54 $55 111 111 $58 550 Resident Card $150 $173 $276 $179 $183 $137 $190 $294 $198 $202 $206 -M-LAb—hqh—han3%. Forthlaanatysls CM-2% (C) The Resident Guest Rate shall be the same as the Resident Rate except in the Peak Season it shall be 70% of the Non -Resident Rate. {gQjhere shall be no "service charge," or any other amount added to the Resident Rate permitted under this Covenant. In explanation of the foregoing, there shall be no "weekend rate" or other kind of "service charge" added to the Resident Rate. 3.4.3 Clubhouse Food and Golf Shop Discount. Resident Card Access Card holder shall receive a 15% discount on Clubhouse Food Items (excluding beverages or beverage cart items) and Pro Shop merchandise (excluding golf equipment and sales items). 3.5 Collection and Receipt of Resident Rate Charges. 184 The Golf Course Manager owner Gelf„- verse peers shall have —the ebligatiOR W Gel!eGt and right to keep MGReYS Gharged at ResideRt Rates; provided, however, if the rife OWRG the Gelf Course Dornois bUt G0RtFaGtS with Deyei000r o third party operator f the Golf Course for the dMioistratiGR of the Resid f GGe v-prn--c�vper�aivr-vrcrl�wrrwurvc�vrirrc-'aarrrtrn�-a�vi�--vrcr�r�cac cnrrcccc vv Card PFOGess and pregFam, Developer and/eF the third party operator of the Golf Course shall have the obligation to collect and right to keep moneys charged at Resident Rates. 3.6 Additional Privileges Permissible to Resident Access Card Holders. Nothing in this Covenant prevents the owner of the Golf Course Parcels or manager of the Golf Course from granting additional privileges to holders of valid Resident Access Cards, including but not limited to discounts on food and merchandise available at the clubhouse. 4. DEFAULT AND REMEDIES. 4.1 City Rights. In the event of failure by Developer or any successor in interest that has any ownership interest in the Covenant Parcels (or any portion thereof) to perform any material term or provision of this Covenant, the City shall have those rights and remedies provided in this Covenant and shall have any and all rights and remedies available at law or in equity, including but not limited to immediate and permanent injunctive relief. 4.2 Notice and Cure of Default. Upon the receipt of the notice of default by the City, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than ten (10) days after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within ten (10) days, such Party shall commence to cure, correct, or remedy such default within such ten (10) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion, provided that such cure, correction or remedy is completed with sixty (60) days of the notice of default. 5. MISCELLANEOUS 5.1 Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either Party may desire to give to the other Party under this Covenant must be in writing and shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same - day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of City and Developer at the addresses specified below, or at any other address as that Party may later designate by Notice. To City: City of La Quinta 78-495 Calle Tampico 184 COUNCI L MEETI NG- APR L 18, 2017 - HAND-OUT STUDY SESSION ITEM NO. 1 - DEVELOPMENT SERVI CES- 2017 UPDATE REPLACI NG PAGE NOS. 260 THROUGH 263 on] 0raviv[e1Oki :�421. 6%1 I [ lot 4rectee C N O ON TIME 0 N E DAY O TWO DAYS u THREE DAYS ❑ MORE THAN THREE DAYS tle �jcccc� C 260 15 N 1 COUNCI L MEETI NG- APR L 18, 2017 - HAND-OUT STUDY SESSION ITEM NO. 1 - DEVELOPMENT SERVI CES- 2017 UPDATE REPLACI NG PAGE NOS. 260 THROUGH 263 pff WF9 BUILDING JA 3%� 1%2% 'It accec c ON TIME ONE DAY TWO DAYS ❑ THREE DAYS ❑ MORE THAN THREE DAYS CC ccoece c 261 COUNCI L MEETI NG- APR L 18, 2017 - HAND-OUT STUDY SESSION ITEM NO. 1 - DEVELOPMENT SERVI CES- 2017 UPDATE REPLACI NG PAGE NOS. 260 THROUGH 263 2% �-5% Ce �cccc� N N ON TIME LONE DAY C TWO DAYS ❑ THREE DAYS ❑ MORE THAN THREE DAYS mo. Co goo 00c e le 262 COUNCI L MEETI NG- APR L 18, 2017 - HAND-OUT STUDY SESSION ITEM NO. 1 - DEVELOPMENT SERVI CES- 2017 UPDATE �9%mIN, 10[91WeTO:a0Co;MoillI1:I:.9] 1L:f�Z:1<C1 N 0) co 263 COUNCIL MEETING- APR L 18, 2017 - HAND-OUT BYVJ &EI GHT DEPARTMENT REPORT I TEM NO.9 - TOBACCO - FREE COMMUNI TI ES REPORT To the City Council of La Quinta: Honorable Mayor Evans, Mayor Pro-tem Radi, and Councilmembers Fitzpatrick, Pena, and Sanchez. Presented by: VJ Sleight, MA, TTS, Resident of La Quinta, 760-333-1270 Regarding Adoption of A Tobacco Retail Licensing Ordinance (TRL): • A TRL would require any entity wanting to sell tobacco or nicotine products, which are not currently regulated by the FDA as a cessation medication, to purchase an annual license. o Tobacco retailers currently must have an annual license issued by the Board of Equalization ($265) and a City Business license under general merchandise. • The nominal annual fee would pay for the cost of the program. Undercover sting operations would be conducted to ensure compliance. The threat of the loss of the ability to sell tobacco products is an extremely motivating factor for compliance. Cities in Riverside County who have adopted a TRL have seen undercover buys go from 40% to 4%. o Currently the sale of a tobacco product to an individual under the age of 21, results in a penalty for a first violation of $200 under Penal Code 308, or $400 to $600 under The STAKE Act. o The threat of a small penalty often is not a sufficient deterrent when the average tobacco retailer has approximately $8,000 to $10,000 worth of monthly tobacco sales, plus added financial placement incentives from tobacco companies. o A license to sell tobacco is not an unnecessary burden to retailers for the privilege of selling a deadly product: 8 Which results in the death of 40,000 Californians each year. a Where the annual health care cost in California directly caused by smoking is $13.29 Billion. Medi-Cal costs related to smoking are $3.58 Billion in California. • The state and federal tax burden for California residents is $727 per household annually for smoking -caused expenditures. • Laws restricting access to tobacco products has been shown to reduce youth smoking rates. Voluntary retailer compliance programs do not. • Local ordinances and enforcement to limit youth access to tobacco significantly reduces youth smoking rates. 2 ITobacco baano Retail L I c� :� n Tsin g i O E` i n' � a I? ce Enforcement: Currently undercover stings are conducted by the police department and are paid for by a grant that includes alcohol and other drugs. Alternative tobacco products such as ENDS are not including in these sting operations. • Option 1. The City could issue their own TRL and continue the current sting operations by the police department. Instead of relying on a grant, it is proposed that the City collect a fee from tobacco retailers to cover the cost of enforcement. o Grant funding is not guaranteed but an annual license fee would guarantee the continuation of the program. o Current grant funds could be reallocated to the anticipated increase in marijuana possession due to the passage of Prop. 64. o With a limited number of retailers in La Quinta (approximately 25), the cost to sustain a City enforced TRL would be more expensive than through Environmental Health. • Option 2. The proposed TRL would designate the County Environmental Health as the enforcement agency to issue licenses, conduct underage stings and provide education and awareness of tobacco laws and ordinances to tobacco retailers. o Cost for a license is $428 annually. o They currently enforce a TRL in 24 Riverside Cities and the unincorporated county area. (Including Rancho Mirage, Cathedral City, Desert Hot Springs, City of Coachella). o Environmental Health inspectors are up to date on all current tobacco laws and regulations as well as familiar with all tobacco products including ENDS. The Police Department can continue their shoulder -tap, business checks, and grant -funded activities or move the funds for tobacco to alcohol and cannabis access which Asst. Chief Walton has identified as becoming more prevalent with the passage of prop. 64. o Under the current sting program through the Police Department, retailers are seen on average every four years. Through Environmental Health, it would be reduced to every two years. Purpose: A TRL is just one part of a comprehensive tobacco control program that will result in the reduction of tobacco by adolescents. Because of the effect of nicotine on the brain of an adolescent, we must do everything possible to reduce tobacco use by underage individuals. • Increase compliance with county/city, state, and federal tobacco laws including prohibiting tobacco sales to minors, self-service tobacco, selling single cigarettes, and more. Any violation of a local, state or federal tobacco law would be considered a violation of the license. 31Tobacco Retail Llce: ,�s Ordinance • Enforce compliance through permit revocation and fines. • A TRL is part of the Healthy Riverside County Initiative (HRCI) strategic Plan to reduce tobacco exposure through policy, systems, and environmental changes that limit or discourage tobacco use where people live, work, play, and study. Nicotine and the effect on the adolescent brain: • The brain of an adolescent is particular susceptible to structural and functional changes when exposed to nicotine since their brain is still developing. • Tobacco products are extremely addictive. To stop tobacco addiction, the best way is to prevent tobacco use before it starts. • Any product containing nicotine is dangerous to youth. • The average age for initial use of a tobacco product is 13-14. Ninety per cent of people who use tobacco begin before the age of 20. Enforcement at State and Federal levels is inadequate. Federal and State regulation of tobacco products cannot keep pace with the alternative tobacco products being introduced into the market. • The Federal 2009 Family Smoking Prevention and Tobacco Control Act (TCA) finally gave the FDA the authority to regulate ONLY cigarettes, smokeless tobacco and roll -your -own tobacco. • The FDA has been trying to regulate electronic nicotine delivery devices (ENDS) since 2008. In August 2016, the FDA was finally able to assert authority over ENDS. It will still be two years, if ever, before any real regulations are enforced. The HR1136 seeks to rescind the FDA's authority over tobacco products not originally covered. • As new laws and regulations are enacted, the tobacco companies change their business model. For example: the TCA outlawed the use of flavors in cigarettes. The market responded by adding flavors to cigarillos (small cigars). Flavors are one of the appealing factors to adolescents. Sales of flavored cigars now make up over half of the cigar market. 2016/2017 Statistics from Desert Sands Unified School District (DSUSD): • 52 students seen through the Student Assistance Program (SAP) state they have tried cigarettes or ENDS. 14 students are current smokers. • Year-to-date there have been 15 suspensions for tobacco use, all have been with ENDS. o 2104/2105: 1 expulsion, 14 suspensions for tobacco possession or use. 41Tobacco Regan Licenshig Ordinance • "Vaping is still a very hot topic among the youth" Tori St Johns, SAP administrator, DSUSD. City of La Quinta: • July 2015, Vons at 78271 Hwy I I I was cited by the FDA for selling tobacco to a minor. • In 2016 six sting attempts were made through the local police department with zero sales (out of approximately 25 tobacco retailers in La Quinta). o In countywide stings conducted by Environment Health in cities with a TRL, 8.3% of attempts resulted in a sale to underage decoy (57 out of 686). • In a conversation with Assistant Police Chief Walton, he said that he did not see ENDS as a problem. State of California: • 12,100 youth underage 18 become new daily smokers each year in California. • 441,000 youth under age 18 and alive in California who will ultimately die prematurely from smoking. • 7% of high school students smoke (10.8% nationally) o The adult smoking rate in Coachella Valley (14.7%) is higher than for Riverside County (11.4%) and the State of California (13%). 21.4% of high school students in California use ENDS. • For 11th grade students in CA, the percentage of ever having smoked a cigarette dropped from 26.1% (2011-13) to 18.5% (2013-2015). While the number of ever using ENDS was 32.4% (2013-2015). (No data was collected on ENDS prior to 2013-2015). For 11 th grade students the number of current users of cigarettes dropped from 11.8% to 8.5% (2011-2013 to 2013-2015). The number of current users of ENDS was 15.5% (2013-2015). • Nonsmoking high school students in CA who used ENDS are more susceptible than those who never used e-cigarettes to future cigarette use (35 percent vs. 21 percent) and have approximately six times the odds of starting to smoke cigarettes 16 months later. • Nonsmoking high school students in CA who report more frequent e-cigarette use at baseline reported more frequent and heavier cigarette smoking 6 months later. + Nonsmoking 9th grade students in Los Angeles who had ever used e-cigarettes had two to four times the odds of reporting cigarette, cigar, and water pipe/hookah use 6-12 months later relative to those who had never used e-cigarettes. 5 1 Tobacco Retail Licensing Ordinance • $582.6 Million is the estimated amount spent in California each year for marketing tobacco products: o Fifteen times more is spent on marketing tobacco than is spent on education. o Research shows that kids are twice as sensitive to tobacco advertising than adults and are more likely to be influenced to smoke by cigarette marketing than by peer pressure. o Regardless of intent, marketing of tobacco products encourages underage smoking. o The more young people are exposed to cigarette advertising and promotional activities, the more likely they are to smoke. o Many alternative tobacco products appeal to youth because of flavorings. Currently cigarettes are the only tobacco products that cannot be made with an added flavor (other than menthol). In California, 75.5% of retailers near schools sell flavored non -cigarette tobacco products. Alternative Tobacco Products: As the retail market changes, our approach to prevention needs to change to keep pace. The diverse and changing patterns of tobacco use include: the use of non -cigarette tobacco products is common, poly -tobacco product use is common, and often users self -describe as "social smokers". While the use of traditional cigarettes had been falling, the total use of nicotine products is increasing. Commonalities among alternative tobacco products: flavors, lack of regulations, accessibility, affordability, gateway to traditional cigarettes, myths and misperceptions are rampant. Alternative tobacco products are appealing to youth because they can be used without detection. • One third (35%) of current college smokers started with an alternative tobacco product. o Males are more likely to start with cigars and smokeless o Females are more likely to start with cigarettes and hookah. • Use of water pipe/hookah is associated with more susceptibility to cigarette smoking among young adults who are not established cigarette smokers. * Currently the tobacco companies have numerous nicotine products that are being test marketed around the world: nicotine orbs, strips, sticks. One new product — iQo's — heats tobacco sticks instead of a liquid like ENDS. 61Tobacco Retail Licensing Ordinance Electronic Nicotine Delivery Systems (ENDS): These devices are known under a variety of names: e-cigarette, e-cig, e-cigar, e-pipe, e-hookah, hookah pen, vape pen, vape, vaporizer, personal vaporizer, mod, tank and others. • From 2011 to 2015, sales of cigarettes declined and the sale of ENDS increased significantly. • In 2015, the sale of cigarettes inconvenience stores increased for the first time in 10 years. • ENDS are becoming the new gateway to cigarettes. A recent study found that less than a quarter of middle and high school students who reported e- cigarette use (and not cigarette use) fit the risk profile of a cigarette smoker, suggesting that the use of ENDS products is appealing to young people who are at low risk of smoking cigarettes, expanding rather than reducing the consumer base for nicotine products. • The Surgeon General's Report on E-cigarettes states that from 2011 to 2015, there was a 900% increase in the use of ENDS by high school students. A significant proportion of youth who do not use combustible cigarettes report using ENDS products. • National data indicate that the use of e-cigarettes among middle and high school students who never smoked cigarettes increased more than three -fold between 2011 and 2013. • The use of ENDS exposes youth to nicotine at a time while their brain is still developing and particularly susceptible to the additive effect of nicotine. • ENDS contain toxic ingredients in addition to nicotine, such as those contained in its flavoring and the ultrafine particles that can cause adverse respiratory symptoms and other health effects. • Recent studies also point to a practice among adolescents who use ENDS, which involves vaporizing the e-liquid at high temperatures by dripping some of the e-liquid directly onto the heating element of the device and quickly inhaling the aerosol (a practice known as "dripping") in order to produce thicker aerosol clouds and to intensify the flavor and `throat hit' of the e-liquid. • Nearly 1 in 10 (9.7 percent) young adults, aged 18 to 24, in the U.S. who had never smoked a cigarette say they tried an e-cigarette. ENDS products is appealing to young people who are at low risk of smoking cigarettes, expanding rather than reducing the consumer base for nicotine products Tobacco Companies The U.S. v Phillip Morris, the tobacco companies were adjudicated under RICO as racketeers which operate in a "corporate culture of corruption that is unlikely to change". Judge Gladys Kessler. Findings from US V Phillip Morris on Marketing to Youth: 7 ITobacco Retaili ens n Ordinance Defendants marketing activities are intended to bring new, young, and hopefully long-lived smokers into the market in order to replace those who die or quit. Defendants used their knowledge of young people to create highly sophisticated and appealing marketing campaigns target to lure them into starting smoking and later becoming nicotine addicts Defendants spend billions of dollars every year on inarketi ng activities to encourage young people to try and then continue purchasing in order to provide the replacement smokers they need in order to survive. Defendants expenditures on cigarette advertising and promotion have increased dramatically over the past decades, and in particular since the signing of the MSA (Master Settlement .Agreement). Defendants have denied, over and over, with great self righteousness, that they have marketed to youth. POWER POINTS CITY COUNCIL MEETING APRIL 18, 2017 City Council Meeting April 18, 2017 .Rqbw r. _ . G FM of the DESER [. City Council Meeting April 18, 2017 B1 - Amendment No. 2 - SilverRock Resort yyg GEM of the DESERT � : 4 _y SILVERROCK GUIDING PRINCIPALS Long Term Income Generation • Hotel TOT • Property and Sales Tax Recreational Opportunities for Residents • Golf Access @ Reduced Rates AMENDMENT • Additional Property — Associated Covenants • Schedule of Performance • Revised Business Terms HISTORY Pre-2011 (RDA) • $185-$200 million to fund improvements • Sell improved pads (hotels and resort) Post-2011 (Elimination of RDA) • Bond refunding (reduce debt service) • Section 141 IRS tax code (private payment) PRIVATE PAYMENT ANALYSIS 2013 Refunding bonds - $97.2 million Private Activity Test — Not to exceed 10% of bond issue or $9.7 million — Items to count as private payment 4/19/2017 • DEVELOPER IMPACT FEE (DIF) (phase 1): $ 5.0 mil • GOLF COURSE REALIGNMENT $ 3.5 mil • PERMANENT CLUBHOUSE: $ 6.8 mil • AHMANSON RANCH HOUSE REHAB: $ 2.0 mil • TEMPORARY CLUBHOUSE AND DRIVING RANGE: $ 1.0 mil • PORTION OF JEFFERSON STREET ENTRY: $ .7 mil • MASS GRADING BENEFITING SILVERROCK WAY: $ .5 mil • IMPROVED PERIMETER LANDSCAPE: $ .5 mil • PORTION OF ROADWAY SERVICING RANCH HOUSE: $ $ .3 mil • DEVELOPER IMPACT FEE (DIF) (phase 2) $ 1.2 mil • POSSIBLE LAND SALES PRICE (phase 2) $ 1.3 mil TOTAL $ 22.8 mil TOTAL (less highlights) $ 9.7 mil C] SILVERROCK GOLF COURSE Transfer After: • Golf Realignment • Hotel Construction underway • Permanent Clubhouse Complete • Covenants are Recorded GOLFCOVENANT • Maintenance held to current standard or better • Resident access protected at historical levels — 1/3 rd of play roughly 15,000 rounds annually • Improved resident booking procedures — Available 7 days in advance • Resident reduced rate not to exceed 50% threshold of Hotel/ Non Resident actual 4/19/2017 4/19/2017 Phase 1 Land Closing Luxury Hotel Start Luxury Hotel Completion Phase 2 Land Closing Lifestyle Hotel Start Lifestyle Hotel Completion Original 5/12/16 5/12/17 5/12/19 11/18/18 5/11/22 5/11/24 Amendment#1 1/7/17 5/9/17 5/9/19 11/18/19 5/8/22 5/8/24 Amendment#2 5/1/17 4/4/18 10/4/19 11/1/17 4/4/18 10/4/19 Net Change (days) From Original 354 327 145 -382 -1498 -1681 4/19/2017 parcel # description planning area acreage _ 1 luxury residential pa 3 13.9 2 ahmanson ranch house 0.6 3 spa site pa 2 1.9 4 luxury hotel pa 2 16.4 5 luxury hotel parking pa 2 3.3 6 conference and shared service facility pa 4 9.1 7 lifestyle hotel pa 5 11.4 8 clubhouse pa 10a-1 7.0 9 lifestyle residential pa 6 10.3 10 promenade mixed use village area 2 pa 9 13.5 11 promenade mixed use village area 1 pa 7 15.5 12 resort residential village pa 8 22.0 13 future golf/residential pa 10b 67.8 14 future golf/residential pa 10b 37.8 15 future golf/residential pa 10a 30.5 16 future golf/residential/public park pa 10a 77.1 a,b,c .ilverrnrk way 6.4 d street"a" 2.2 e ahmanson lane 1.6 f-g landscape lots 0.8 17-19 arnold palmer course pa 1 168.5 20 golf maintenance yard 3.7 521.3 SUMMARY POSSIBLE LAND TRANSFERS REVISED BUSINESS TERMS Transfer PA 7,8 and 9 Prior to SDP • MSI lender requirement • SDC may sell these parcels but must acquire SDP prior to 3rd party transfer SAFEGUARDS Existing Safeguards Remain • City Repurchase Options • Development Control — Specific Plan and Site Development Permit • Performance Bonds and Insurance City Council Meeting April 18, 2017 SS1- Development Services 2017 Update t rqPRow -- PI IF r•�►' '�"' '""� :fit '' 'g°®r F WHERE WE LEFT YOU January 2016 ONE STOP SHOP EXPERIENCE Plan heck Inspection & ` l Ad -in Support Business ` License J\ \SNRP Permits> > > > CUSTOMER INTERNAL AND DIVI IONAL SERVICE EXTERNAL ACCESSIBILITY TRANSPARENCY PROCESS COMMUNICATION UNIFORMITY 2016 ACCOMPLISHMENTS EALL NTITLEMENT � SPECIAL EVENTS APPLICATIONS PERMIT � ONLINE DEVELOPMENT I.PROVED TOT � CODE lAffff REVENUE TUNE-UP TRACKING �OANOARDEVELOPE6 SYizE6 eREPORTING PHASE 1 .t J j/ ONLINE CUSTOMER SILVERROCK SERVICE SURVEV ENTITLEMENT VILLAGE EIR PARKING STUDY /ZPAPE RLESS � PROJECT � REVIEW i � LAUNCHED RLUEREAM 'L SOFTWARE 2016 HUB STATISTICS CUSTOMERS SERVED 7,994 PERMITS ISSUED 3,209 PROJECTS APPROVED 183 STVRP NEW PERMITS 545 BUSINESS LICENSES ISSUED 3,031 HUB PERFORMANCE REVIEWS ■ ON TIME ■ ONE DAY LATE ■ TWO DAYS LATE ■ THREE DAYS LATE MORE THAN THREE DAYS LATE 4/19/2017 15 6% 1% 0% 0% I 93% �000c� c 00 ®c000� c ■ ON TIME ❑ ONE DAY ❑ TWO DAYS ❑THREE DAYS ❑ MORE THAN THREE DAYS 1 CC 4cccccIMEM" ccccccc ■ ON TIME ■ ONE DAY ■ TWO DAYS El THREE DAYS ❑ MORE THAN THREE DAYS i 4tcco a j®ccooc cc / co 14 4/19/2017 a 10% c 4tcccc c 3%_ 1% _2% to c ■ ON TIME ■ ONE DAY ■ TWO DAYS ❑THREE DAYS ❑ MORE THAN THREE DAYS ecccc� *cccec ■ ON TIME ■ ONE DAY ❑ TWO DAYS ■THREE DAYS ❑ MORE THAN THREE DAYS i te cccc�� Crcccc� 15 4/19/2017 0. �wtry.r #ww. 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Ys woo won man susz]Tm Nan st,0.wT'n fl afpn Ewen seas maze NCP Ntb ]rl ,er to Ndt NPp 3ameN x be N00 fall of "0 f. v NaTifem WN No f,OMO No No f,.OPWb yea. Nm flsfcefe vae:e fua.i ssxem:.n Nan Npb srnm Npp Npp sscs. men iepe slam a,.s.*.nz. sa earn ssfb,e ssa..s: sa woa wm sloe a.,s woo Naa w�xs s+e 16 2017 GOALS • Service Enhancements • Interactive Development Map • CIP BlueBeam digital plan review • In-house Fire development review services • eTRAKiT Workshops • HUB Lounge • eTRAKiT Phase 3 • Paperless Plan Review • Design and Development Handbook • Online TOT reporting • Minimum 85% on -time plan review for 2017 COMPLETION DATE Ongoing Completed Completed May, 2017 May, 2017 June, 2017 July, 2017 August, 2017 October, 2017 December, 2017 January, 2018 DEVELOPMENT WIND UP 2017 ENTITLEMENT SILVERROCK CONTOUR DERMATOLOGY EL POLLO LOCO PGA WEST SPORT CLUB WALSH UROLOGY BUILDING PERMITS SILVERROCK GRIFFIN RANCH SIGNATURE AT PGA WEST MONTERRA ANDALUSIA CODORNIZ ALTA VERDE MADISON CLUB HIDEAWAY TRADITION CLUB QUARRY LAND DEVELOPMENT SILVERROCK LUNDIN COMMERCIAL DEVELOPMENT POLLO LOCO CONTOUR DERMATOLOGY DESERT CLUB MIXED - USE BUSINESS LICENSE/STVRP 3.700 LICENSES 2,200 STVR REGISTRANTS LA QUINTA ARTS FESTIVAL ARTS UNDER THE UMBRELLA OLD TOWN FARMER'S MARKET FRIDAY NIGHT LIGHTS COACHELLA FESTIVAL STAGECOACH FESTIVAL 4/19/2017