2005 01 18 RDARedevelopment Agency Agendas are Available on the City's Web Page
@ www.la-quinta.org
REDEVELOPMENT AGENCY
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday, January 18, 2005 - 2:00 P.M.
Beginning Resolution No. RA 2005-001
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, Perkins, Sniff, and Chairman Osborne
PUBLIC COMMENT
At this time, members of the public may address the Redevelopment Agency on any
matter not listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes. Please watch the timing device on the podium.
CLOSED SESSION
NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session
discussions during the dinner recess. In addition, persons identified as negotiating parties
are not invited into the Closed Session meeting when the Agency is considering acquisition
of real property.
1. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, MARK WEISS,
PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL
TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF A PORTION
OF 525 t ACRES LOCATED AT THE SOUTHWEST CORNER OF AVENUE 52 AND
JEFFERSON STREET. PROPERTY OWNER/NEGOTIATORS: MARK HARMON,
Redevelopment Agency Agenda 1 January 18, 2005
AUBERGE RESORTS; MIKE DALEY, CENTEX DESTINATION PROPERTIES;
THEODORE LENNON, DESTINATION DEVELOPMENT CORPORATION; TOM
STOREY, FAIRMONT HOTELS; PAUL KAVANOS, FLAG LUXURY PROPERTIES;
PAUL B. FAY' -III, HAAS & HAYNIE CORPORATION; TODD BRUCKEL, PROBITY
INTERNATIONAL CORPORATION; J. BURTON GOLD, SCHLPS, LLC; CHRIS PORT,
STARWOOD HOTELS AND RESORTS; JEFFREY MONGAN, THE ATHENS GROUP.
2. CONFERENCE WITH AGENCY'S LEGAL COUNSEL REGARDING PENDING
LITIGATION, JOSE DE LA PENA ET. AL., V. CITY OF LA QUINTA, ET. AL.,
RIVERSIDE SUPERIOR COURT CASE NO. INC 047843, PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a).
RECONVENE AT 3:00 P.M.
PUBLIC COMMENT
At this time members of the public may address the Agency Board on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please complete
a "request to speak" form and limit your comments to three minutes. When you are called
to speak, please come forward and state your name for the record. Please watch the
timing device on the podium.
For all Agency Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form should be filed with the City Clerk prior to the Agency beginning
consideration of that item.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. APPROVAL OF MINUTES OF JANUARY 4, 2005.
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. APPROVAL OF DEMAND REGISTER DATED JANUARY 18, 2005.
2. TRANSMITTAL OF TREASURER'S REPORT DATED NOVEMBER 30, 2004.
3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR NOVEMBER 30,
2004, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING
DECEMBER 31, 2004.
Redevelopment Agency Agenda 2 January 18, 2005
4. APPROVAL OF A PARKING SERVICE LICENSE AGREEMENT WITH BOB HOPE
CHRYSLER CLASSIC FOR USE OF A PORTION OF SilverRock RESORT FROM
JANUARY 19, 2005 THROUGH FEBRUARY 11, 2005.
BUSINESS SESSION -NONE
STUDY SESSION — NONE
CHAIR AND BOARD MEMBERS' ITEMS — NONE
PUBLIC HEARINGS — NONE
ADJOURNMENT
Adjourn to a regularly scheduled meeting of the Redevelopment Agency to be held on
February 1, 2005 commencing with closed session at 2:00 p.m. and open session at 3:00
p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing
agenda for the La Quinta Redevelopment Agency meeting of Tuesday, January 18, 2005,
was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on
the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on Friday,
January 14, 2005.
DATED: January 14, 2005
JUNE S. GREEK, CMC, City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 3 January 18, 2005
COUNCIL/RDA MEETING DATE: JANUARY 18, 2005
ITEM TITLE:
Demand Register Dated January 18, 2005
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
AGENDA CATEGORY:
BUSINESS SESSION
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
Receive and File the Demand Register Dated January 18, 2005 of which $147,610.87
represents Redevelopment Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
ce4t!t 4 4QuaiQw
COUNCIL/RDA MEETING DATE: January 18, 2005
ITEM TITLE: Transmittal of Treasurer's Report as of
November 30, 2005
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File.
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: =I.
STUDY SESSION:
PUBLIC HEARING:
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
<:?-y CPQ�rw
COUNCIL/RDA MEETING DATE: January 18, 2005
ITEM TITLE: Transmittal of Revenue and Expenditure
Report for November 30, 2004 and Investment
Summary Report for the Quarter Ending December 31,
2004
RECOMMENDATION:
Receive and File.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Transmittal of the November 30, 2004 Statement of Revenue and Expenditures and
Investment Summary Report for the Quarter Ending December 31, 2004 for the La
Quinta Redevelopment Agency.
Respectfully submitted,
John M. Falconer, Finance Director
Approved for submission by:
Thomas P. Genovese, Executive Director
Attachments: 1. Revenue and Expenditures Report, November 30, 2004
2. Investment Summary Report for the Quarter Ending
December 31, 2004
2
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO.1:
LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOWIMOD BOND
LOW/MODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LQRP-Rent Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
2nd Trust Deed Repayment
Transfer In
TOTAL LOWIMOD TAX
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interst - County Loan
Interest Advance Proceeds
Transfers In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND - NON-TAXABLE
Pooled Cash Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Loan Proceeds
Rental Income
Transfers In
TOTAL CAPITAL IMPROVEMENT
CAPITAL IMPROVEMENT FUND - TAXABLE
Pooled Cash Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Bond proceeds
Rental Income
Transfers In
TOTAL CAPITAL IMPROVEMENT
REMAINING
BUDGET RECEIVED BUDGET
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,246,300.00
0.00
6,246,300.00
20,800.00
0.00
20,800.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
341,000.00
142,344.00
198,656.00
165,000.00
257,256.77
(92,256.77)
660,000.00
0.00
660,000.00
0.00
46,761.48
(46,761.48)
0.00
84,373.55
(84,373.55)
0.00
451,005.52
(451,005.52)
0.00
0.00
0.00
7,433,100.00
981,741.32
6,451,358.68
24,985,400.00
0.00
24,985,400.00
66,000.00
(17.03)
66,017.03
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,478,347.00
511,141.52
1,967,205.48
27,529,747.00
511,124.49
27,018,622.51
0.00
0.00
0.00
0.00
199,126.29
(199,126.29)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
199,126.29
(199, 1 F6.29)
0.00
0.00
0.00
0.00
31,881.73
(31,881.73)
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
31,881.73
(31,881.73)
K
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO.2:
LOWIMODERATE BOND FUND:
Allocated Interest
Non Allocated Interest
Bond proceeds (net)
Transfer In
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Developer funding
Vista Dunes MHP Rental Rev
2nd Trust Deed Repayment
ERAF Shift - Interest
Sale of Land
Transfer In
TOTAL LOWIMOD TAX
2004 LOWIMODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOWIMOD BOND
DEBT SERVICE FUND:
Tax Increment
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Non Allocated Interest
Developer Agreement
Transfers In
TOTAL CAPITAL IMPROVEMENT
REVENUE
GRAND TOTALS PER REPORT
REMAINING
BUDGET RECEIVED BUDGET
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,115,000.00
0.00
3,115,000.00
24,100.00
0.00
24,100.00
0.00
0.00
0.00
7,054,074.00
0.00
7,054,074.00
0.00
145,752.32
(145,752.32)
0.00
218,323.95
(218,323.95)
0.00
0.00
0.00
801,358.00
801,359.00
(1.00)
0.00
0.00
0.00
10,994,532.00
1,165,435.27
9,829,096.73
0.00
0.00
0.00
0.00
0.00
0.00
0.00
400,355.17
(400,355.17)
0.00
0.00
0.00
0.00
400,355.17
(400,355.17)
12,459,800.00
0.00
12,459,800.00
0.00
0.00
0.00
0.00
(5.35)
5.35
0.00
0.00
0.00
4,099,819.00
254,904.01
3,844,914.99
16,559,619.00
254,898.66
16,304,720.34
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
REMAINING
BUDGET RECEIVED BUDGET
178,687,950.00 40,522,358.99 138,165,591.01
Ll
LA QUINTA REDEVELOPMENT AGENCY
07101/2004-11130104
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
PROJECT AREA NO. 1:
LOWIMODERATE BOND FUND
PERSONNEL
0.00
0.00
0.00
0.00
SERVICES
0.00
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
0.00
0.00
0.00
0.00
HOUSING PROJECTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
TOTAL LOWIMOD BOND
0.00
0.00
0.00
0.00
LOWIMODERATE TAX FUND:
PERSONNEL
4,900.00
2,665.55
0.00
2,234.45
SERVICES
253,157.00
55,101.96
0.00
198,055.04
BUILDING HORIZONS
250,000.00
75,000.00
0.00
175,000.00
LQ RENTAL PROGRAM
150,000.00
125,178.73
0.00
24,821.27
LQ HOUSING PROGRAM
3,118,240.00
65,000.00
0.00
3,053,240.00
LOWMOD VILLAGE APARTMENTS
400,000.00
0.00
0.00
400,000.00
LQRP - REHABILITATION
0.00
0.00
0.00
0.00
APT REHABILITATION
276,411.00
54,847.68
0.00
221,563.32
LQ HOUSING PROJECTS
500,000.00
585,000.00
0.00
(85,000.00)
REIMBURSEMENT TO GEN FUND
668,272.00
278,446.69
0.00
389,825.31
TRANSFERS OUT
2,478,347.00
511,141.52
0.00
1,967,205.48
TOTAL LOWIMOD TAX
8,099,327.00
1,752,382.13
0.00
6,346,944.87
DEBT SERVICE FUND:
SERVICES
496,585.00
18,467.99
0.00
478,117.01
BOND PRINCIPAL
2,395,000.00
2,395,000.00
0.00
0.00
BOND INTEREST
7,929,969.00
3,991,656.13
0.00
3,938,312.87
INTEREST CITY ADVANCE
952,764.00
396,985.00
0.00
555,779.00
PASS THROUGH PAYMENTS
11,903,406.00
359,462.25
0.00
11,543,943.75
ERAF SHIFT
3,000,000.00
0.00
0.00
3,000,000.00
TRANSFERS OUT
1,995,101.00
511,141.52
0.00
1,483,959.48
TOTAL DEBT SERVICE
28,672,825.00
7,672,712.89
0.00
21,000,112.11
CAPITAL IMPROVEMENT FUND:
PERSONNEL
4,900.00
2,120.40
0.00
2,779.60
SERVICES
116,393.00
35,616.08
0.00
80,776.92
LAND ACQUISITION
0.00
0.00
0.00
0.00
ASSESSMENT DISTRICT
0.00
0.00
0.00
0.00
ADVERTISING -ECONOMIC DEV
40,000.00
6,500.00
0.00
33,500.00
ECONOMIC DEVELOPMENT
50,000.00
11,972.67
0.00
38,027.33
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
CAPITAL - BUILDING
0.00
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
396,013.00
130,470.26
0.00
265,542.74
TRANSFERS OUT
39,278,614.00
4,917,837.92
0.00
34,360,776.08
TOTAL CAPITAL IMPROVEMENT
39,885,920.00
5,104,517.33
0.00
34,781,402.67
CAPITAL IMPROVEMENT FUNDITAXABLE BOND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
5,778,816.00
4,009,749.67
0.00
1,769,066.33
TOTAL CAPITAL IMPROVEMENT
5,778,816.00
4,009,749.67
0.00
1,769,066.33
5
LA DUINTA REDEVELOPMENT AGENCY
07/01/2004-11130104
REMAINING
EXPENDITURE SUMMARY
BUDGET
EXPENDITURES
ENCUMBERED
BUDGET
PROJECT AREA NO. 2:
LOWIMODERATE BOND FUND
2nd TRUST DEEDS
0.00
0.00
0.00
0.00
LAND
0.00
0.00
0.00
0.00
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
TOTAL LOWIMOD BOND
0.00
0.00
0.00
0.00
LOWIMODERATE TAX FUND:
PERSONNEL
2,900.00
1,283.16
0.00
1,616.84
SERVICES
192,088.00
134,837.37
0.00
57,250.63
2ND TRUST DEEDS
500,000.00
0.00
0.00
500,000.00
2ND TRUST DEEDS FROM CENTERPOINTE
2,520,000.00
0.00
0.00
2,520,000.00
48TH AND ADAMS - FROM CENTERPOINTE
1,423,203.00
7,058.20
0.00
1,416,144.80
WASH/MILES PROJECT
0.00
5,317.50
0.00
(5,317.50)
VISTA DUNES MOBILE HOME PARK
0.00
114,295.41
0.00
(114,295.41)
LOW MOD HOUSING PROJECT/47TH/ADAMS PROJ
776,239.00
44,351.00
0.00
731,888.00
48TH/ADAMS PLANNING
150,000.00
0.00
0.00
150,000.00
FORECLOSURE ACQUISITION
150,000.00
150,000.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
333,272.00
138,863.31
0.00
194,408.69
TRANSFERS OUT
7,350,044.00
2,613,590.58
0.00
4,836,453.42
TOTAL LOW/MOD TAX
13,397, 46.00
3,109,596.53
0.00
10,288,149.47
2004 LOW/MODERATE BOND FUND
2nd TRUST DEEDS
0.00
0.00
0.00
0.00
LAND
0.00
0.00
0.00
0.00
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
1,920,965.00
23,983.96
0.00
1,896,981.04
TOTAL LOWIMOD BOND
1,920,965.00
23,983.96
0.00
1,896,981.04
DEBT SERVICE FUND:
SERVICES
179,013.00
3,025.00
0.00
175,988.00
BOND PRINCIPAL
95,000.00
95,000.00
0.00
0.00
BOND INTEREST
323,264.00
162,617.50
0.00
160,646.50
INTEREST CITY ADVANCE
1,053,580.00
608,155.00
0.00
445,425.00
INTEREST - ERAF UMOD LOAN
0.00
0.00
0.00
0.00
PASS THROUGH PAYMENTS
10,605,577.00
0.00
0.00
10,605,577.00
TRANSFERS OUT
994,948.00
254,904.01
0.00
740,043.99
TOTAL DEBT SERVICE
13,251,382.00
1,123,701.51
0.00
12,127,68 .49
CAPITAL IMPROVEMENT FUND:
PERSONNEL
2,900.00
1,613.02
0.00
1,286.98
SERVICES
117,820.00
26,800.64
0.00
91,019.36
ADVERTISING -ECONOMIC DEV
250.00
0.00
0.00
250.00
ECONOMIC DEVELOPMENT ACTIVITY
40,000.00
3,500.00
0.00
36,500.00
REIMBURSEMENT TO GEN FUND
41,443.00
17,268.74
0.00
24,174.26
TRANSFERS OUT
1,426,079.00
91.48
0.00
1,425,987.52
TOTAL CAPITAL IMPROVEMENT
1,628,492.00
49,273.88
0.00
1,579, 18.12
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COUNCIL/RDA MEETING DATE: January 18, 2005
ITEM TITLE: Approval of a Parking Service License
Agreement with the Bob Hope Chrysler Classic for
Use of a Portion of SilverRock Resort from January 19,
2005 through February 11, 2005
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the Executive Director to approve a Parking Service License Agreement
with the Bob Hope Chrysler Classic and authorize the Executive Director to execute
the agreement.
FISCAL IMPLICATIONS:
The Hope Classic will deposit $5,000 with the Agency, which consists of a $4,500
remediation deposit and a $500 administrative fee. The remediation deposit is
refundable once the Hope Classic has performed any necessary clean-up, repairs and/or
replacements on the subject property to the Agency's satisfaction. The administrative
fee covers administrative and attorney costs for the preparation and administration of
this agreement, and is not refundable.
BACKGROUND AND OVERVIEW:
In the past, the Bob Hope Chrysler Classic has utilized vacant property on SilverRock
Resort to provide parking for events at PGA West. In a letter dated January 10, 2005,
the Hope Classic is requesting use of approximately 45 acres of the property for the
2006 tournament, which takes place from January 24-30, 2005 (Attachment 1).
They have specifically requested the acreage that was set aside for "Optional
Park/Civic Uses" located at the southwest corner of Avenue 52 and Jefferson Street
(Attachment 2).
Because staff received this letter so close to the tournament date (and the deadline
date for submitting this report), staff is still exploring logistics and feasibility of
providing parking in the area requested, as road improvements on Avenue 52 and
berm ing/landscaping on Jefferson Street are underway. It is possible that parking
might be provided in another location at SilverRock that is less affected by ongoing
construction activities. Staff proposes to work with Hope Classic personnel and on -
site contractors, and execute the attached agreement if an acceptable site can be
found with minimal impact to ongoing construction.
The Parking Service License Agreement (Attachment 3) provides the Hope Classic with
site access five days prior to and two weeks after the tournament, which allows time
for set up and restoration activities. The Agreement requires the Hope Classic to add
the City and Agency as additional insureds to their general liability policy with a
$5,000,000 limit and to provide business auto coverage of $500,000 on all
tournament vehicles used in connection with this agreement. The Hope Classic must
also clean and make all necessary repairs or replacements to the property, which could
include turf, landscaping, irrigation equipment, as well as provide soil stabilization
measures. Set-up and restoration costs are the responsibility of the Hope Classic.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Authorize the Executive Director to approve a Parking Service License
Agreement with the Bob Hope Chrysler Classic and authorize the Executive
Director to execute the agreement; or
2. Do not authorize the Executive Director to approve a Parking Service License
Agreement with the Bob Hope Chrysler Classic and do not authorize the
Executive Director to execute the agreement; or
3. Provide staff with alternative direction.
Respectfully su mitted,
Mark Weiss, Assistant Executive Director
Approved for submission by:
Thomas P. Genovese, Executive Director
�A
Attachments: 1. Letter from the Bob Hope Chrysler Classic dated January
10, 2005
2. SilverRock Resort Master Plan
3. Parking Service License Agreement
3
JAN-10-05 05:29PM FROYINHOPE CRYSLER CLASSIC
ATTACHMENT 1
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Post Offfm Box 865, Rancho Mrage., Cd fo.Mb 92270
Bob Hope Classic Bnildin& 39000 Bob Hope DriVc, Rudd UMV, Califonaa 92270
(760) 346-8184 & 14U-MR B HOPE - FAX (760) 346-6329
Web Site: www.bbec.com • H-Mail: Info@bbcc.eom - - - b bcc com
January 10, 2005
Mr. Mark Weiss
Assistant City Manager
City of LaQuinta
78-495 Calle Tampico
LaQuinta, CA 92253
Dear Mark,
We would like the city to consider allowing us to use the 45
acre parcel that was designated for parking for the 2006
tournament.
Thank you for your consideration.
Sincerely, _
ichael E. Milthorpe
Tournament Chairman
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ATTACHMENT 2
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Master Plan
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ATTACHMENT 3
PARKING SERVICE LICENSE AGREEMENT
THIS PARKING SERVICE LICENSE AGREEMENT (the "Agreement") is made
effective this day of January 2005, by and between the La Quinta Redevelopment Agency
("Agency") and Desert Classic Charities, dba Bob Hope Chrysler Classic ("Contractor");
RECITALS
WHEREAS, Agency is the owner of certain real property located in the City of
La Quinta, California, as depicted on Exhibit "A" attached hereto (the "License Property") TO
BE DETERMINED;
WHEREAS, Contractor is producing a professional golf tournament commonly known as
the Bob Hope Chrysler Classic which is open to the public at one of the PGA WEST golf courses
in the City of La Quinta (the "Tournament") in close proximity to the License Property;
WHEREAS, in order for Contractor to manage the Tournament and provide parking and
shuttle transportation for the public attending the Tournament, Contractor desires to use a portion
of the License Property as a parking and staging area for shuttle service to the Tournament for
use by the public, Tournament staff and volunteers;
WHEREAS, subject to the terms, covenants and conditions of this Agreement, Agency is
willing to grant Contractor permission of access for ingress and egress over the License Property
owned by Agency, and permission to use the License Property for the limited purpose of a public
parking area for vehicles and as a shuttle stop for transportation services to the Tournament (the
"Parking Service") in consideration of certain undertakings with respect to the License Property
by Contractor.
NOW THEREFORE, in consideration of the Recitals, the mutual promises and
obligations contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. GRANT LIMITATION OF RIGHTS. Agency hereby grants to Contractor a non-
exclusive, revocable license for access, ingress and egress over the License Property. Contractor
hereby warrants and represents to Agency that Contractor shall return the License Property to a
condition substantially as existed on the date that this Agreement is executed.
2. TERM. The "Term" of this Agreement shall commence January 19, 2005, and
shall expire February 11, 2005, unless terminated earlier.
3. USE OF THE LICENSE PROPERTY. The parties acknowledge and agree that
Contractor may access the License Property in conjunction with the Tournament. In this regard,
during the license period only, Contractor shall have a temporary revocable license to enter upon
the License Property for the purposes of furthering the Tournament. Contractor's activities upon
the License Property shall be deemed to further the Tournament where the Contractor undertakes
2060/015610-0002 6
330391.02 a01/13/05
the activities for purposes of providing or dismantling the Parking Service. In this regard,
Contractor agrees that it will coordinate its use of the License Property with Agency's designated
representative, Mark Weiss, at (760) 777-7000, and will not disturb, damage or contaminate the
License Property or interfere in any manner with other activities on the License Property.
4. CONTRACTOR'S DUTIES/PERMITTED ACTIVITIES.
(a) Contractor agrees to be fully financially responsible for any damage or
injury to the License Property and/or to any person which may arise in connection with this
Agreement and/or the Tournament.
(b) Contractor shall thoroughly clean and make all necessary repairs and
replacements, if any, to the License Property, including, but not limited to, turf, landscaping,
irrigation equipment, and soil stabilization measures and generally surrender the License
Property to Agency at the expiration of the Agreement in such condition as Agency or its
representatives deem to be acceptable. In addition, Contractor agrees not to conduct or cause to
be conducted on the License Property any repair, maintenance and/or refueling of any vehicles or
equipment.
(c) Contractor agrees to be responsible for the clean-up of any new
environmental contamination, and/or aggravation of existing contamination, which occurs as a
result of, or arises in connection with, any activities conducted by Contractor, its employees,
agents, subcontractors or representatives, under this Agreement and to indemnify and hold
Agency and the City of La Quinta harmless from and against any and all claims, losses, damages
and injuries of any nature whatsoever resulting from or arising out of Contractor's activities
under this Agreement, except to the extent resulting from the gross negligence or willful
misconduct of Agency, its employees, agents, contractors or representatives. Contractor's
obligation to observe and perform this covenant shall survive the expiration or other termination
of this Agreement. If any toxic or chemical Hazardous Materials attributable to Contractor, its
agents, employees, on -site subcontractors, or invitees, or the activities of any of them, are found
in the soil, air surface or ground water on, under or about the License Property, Contractor, at its
sole expense, shall promptly take any and all actions necessary to return the License Property to
the condition existing prior to the introduction of such Hazardous Materials to the License
Property in accordance with applicable laws and the requirements of all governmental agencies
with jurisdiction, provided that Agency's approval of such actions shall first be obtained, which
approval shall not be unreasonably withheld. If Contractor causes or permits a significant
release of Hazardous Materials or is in material noncompliance with any applicable law or
requirement of this Section, Agency may make a reasonable demand for action upon Contractor.
If Contractor does not respond within thirty (30) days (unless there is an emergency, in which
case Contractor shall be required to respond as soon as practicable), Agency may, at its option,
take reasonable actions to remedy the release or noncompliance at Contractor's sole expense,
which sums shall be immediately due and payable to Agency as additional compensation. At
any time during the term of this Agreement, Contractor shall, if required by any governmental
agency, promptly take whatever steps are necessary to investigate and remedy any contamination
by Hazardous Materials caused by Contractor, its agents, employees, on -site subcontractors or
invitees.
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(d) Contractor shall be responsible for obtaining all permits and approvals
from all applicable governmental authorities necessary in connection with the Parking Service on
the License Property.
(e) Contractor agrees that any and all costs incurred with regard to the Parking
Service and/or use of the License Property or any claims of third parties for liens, personal injury
or property damage with respect to the use of the License Property shall be borne by Contractor
at Contractor's sole cost and expense. Contractor agrees to indemnify and hold Agency harmless
from and against any claim, loss, cost or liability of any nature whatsoever arising out of or
incurred in connection with the Parking Service.
(f) Contractor shall not cause, suffer or permit any mechanic's, materialman's
or other liens to attach to or be recorded against the License Property in connection with work
performed by Contractor.
(g) In the event that Contractor, or its subcontractors, breach any of the
foregoing covenants regarding the License Property and/or any facilities or systems located on
the License Property, Contractor agrees to be responsible for all damages caused by such breach,
including but not limited to compensatory, consequential and incidental damages and attorney's
fees and court costs associated therewith. Contractor acknowledges and agrees that
consequential damages shall include any damages actually caused by Contractor's breach,
regardless of whether such damages were foreseeable at the time that this Agreement was
executed. By way of example only, and not by limitation, consequential damages include
damages resulting from environmental contamination and economic losses resulting from
damage to irrigation systems.
5. DEPOSIT. Contractor shall deposit with Agency a check in the amount of five
thousand dollars ($5,000.00) made payable to the La Quinta Redevelopment Agency which
consists of the following:
(a) Four thousand five hundred dollars ($4,500.00) represents the estimated
costs to repair and replace the License Property disturbed and/or damaged due to Contractor's
activities relating to the Parking Service (the "Remediation Deposit").
(b) Five hundred dollars ($500.00) represents administrative costs incurred by
Agency for the attorney's costs relating to the preparation and administration of the Agreement
(the "Expense Deposit").
The Remediation Deposit is refundable to Contractor upon Contractor's completion of the
repairs and replacement to the License Property in a manner satisfactory to Agency or its
representatives. The Expense Deposit is non-refundable. It is the responsibility of Contractor to
follow up regarding the Remediation Deposit refund. The refund request must be received by
Agency within sixty (60) days of completion of term.
6. INSURANCE and LICENSES. At all times during the Term of this Agreement,
Contractor, its successors or assigns, shall carry and maintain, in full force and effect, at their
sole cost and expense, the following insurance policies with insurance companies satisfactory to
8
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330391.02 a01/13/05
Agency. Such policies shall include a provision requiring a minimum of thirty (30) days notice
to Agency of any change or cancellation. The Agency and the City of La Quinta, their officers,
employees and agents, shall be named as additional insureds on the policies listed in Subsections
6(a) and (b) as their interests may appear.
(a) Comprehensive general liability insurance in an occurrence format in an
amount of five million dollars ($5,000,000.00) per occurrence, including the following
coverages: contractual liability, personal injury, broad form property damage, independent
contractors and premises operations.
(b) Business auto coverage form insurance on all vehicles used in connection
with this License and/or on the License Property in an amount of five hundred thousand dollars
($500,000.00) combined single limits for bodily injury and property damage per occurrence.
(c) Workers' Compensation insurance in accordance with the provisions of
the Workers' Compensation Act of the State of California for all employees, subcontractors and
any subcontractor's employees engaged in connection with this Agreement.
(d) Contractor agrees to provide Agency with certificates of insurance
evidencing the policies listed above upon execution of this License as a condition to
commencing any of the activities contemplated by this Agreement.
7. INDEMNITY.
(a) Contractor shall indemnify, defend and hold Agency and the City of
La Quinta, their subsidiaries and affiliates, their respective officers, directors, agents and
employees and the License Property free, clear and harmless from any and all demands, claims,
causes of action, damages, liabilities, liens, losses, costs, charges, penalties, obligations,
judgments, fines and expenses (including, without limitation, attorney's fees) of any kind
whatsoever in connection with, arising out of, or by reason of any breach, violation or
nonperformance by Contractor, its agents, servants, employees, subcontractors or invitees, of any
covenant or provisions of this Agreement or any law, ordinance, rule, regulation or order or by
reason of any damage, harm or loss to the License Property during the Term of this Agreement,
including, without limitation, any damage to the License Property and any liability to any third
party incurred by reason of any acts or omission of, or any commission of, any negligent or
tortious acts by Contractor, its agents, servants, employees, subcontractors or invitees.
(b) In the event any portion of the activities is performed by a subcontractor,
Contractor warrants that all such subcontractors shall abide by all the terms and conditions of
this Agreement, including, without limitation, furnishing the insurance coverages as provided for
in Section 6.
(c) The provisions of this section shall not be read to limit in any respect
whatsoever Contractor's obligations as provided in Section 4 above.
8. TERMINATION. Either party shall have the right to terminate this Agreement at
any time with or without cause by giving the other party twenty-four (24) hours written notice.
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9. NOTICES. Any notice to be given to Agency or Contractor shall be in writing
and shall be deemed to have been properly delivered when directed to such addressee as follows:
To Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attention: Mark Weiss
Facsimile: (760) 777-7101
To Contractor: Desert Classic Charities, Inc., dba Bob Hope Chrysler
Classic
39-000 Bob Hope Drive, P.O. Box 865
Rancho Mirage, CA 92270
Attention: Mike Milthorpe
Facsimile: (760) 346-6329
Any party may change the address to which such communications are to be directed to it
by giving a written notice to the other party in the manner provided in this paragraph. Any
notice given pursuant to this paragraph shall be deemed to be delivered when addressed to the
addressee as set forth therein, (i) at the time a written notice by mail is deposited in the United
States mail, postage prepaid, or (ii) the time any other written notice, including facsimile,
telegram or other electronic mail message, is personally delivered to the recipient or is delivered
to a common carrier for transmission or actually transmitted by the person giving the notice by
electronic means, to the recipient.
10. ASSIGNMENT. This Agreement shall not be assignable by Contractor.
11. MISCELLANEOUS.
(a) Except as herein otherwise provided, no amendment, alteration,
modification of or addition to this Agreement shall be valid or binding unless expressed in
writing and signed by the party or parties to be bound thereby.
(b) The covenants, conditions and agreements contained in this Agreement
shall bind and inure to the benefit of Agency and Contractor and their respective heirs,
distributees, executors, administrators, successors and assigns.
(c) This Agreement shall be governed by and interpreted in accordance with
the laws of the State of California.
(d) This Agreement contains the entire agreement and understanding between
the parties and there are no terms, covenants or conditions which exist other than those contained
herein.
(e) If any party hereto shall bring any suit or action against another for relief,
declaratory or otherwise, arising out of this Agreement, the prevailing party shall have and
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record against the other party, in addition to all court costs and disbursements, such sum as the
court may adjudge to be reasonable attorney's fees.
The parties have executed this Agreement on the dates indicated below to be effective the
date first above written.
"AGENCY"
"CONTRACTOR"
LA QUINTA REDEVELOPMENT AGENCY DESERT CLASSIC CHARITIES, INC., dba
BOB HOPE CHRYSLER CLASSIC
Lo
M
Dated:
Dated:
ATTEST:
LA QUINTA REDEVELOPMENT AGENCY
M
Agency Secretary
Dated:
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M
M. Katherine Jenson
Dated:
2060/015610-0002 11
330391.02 a01/13/05