2006 02 21 RDAeaf 4 4 4AM
Redevelopment 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, February 21, 2006 — 2:00 P.M.
Beginning Resolution No. RA 2006-001
CALL TO ORDER
Roll Call:
Agency Board Members: Adolph, Henderson, 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, THOMAS P.
GENOVESE, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR
DISPOSITION OF A PORTION OF 525 ± ACRES LOCATED AT THE SOUTHWEST
CORNER OF AVENUE 52 AND JEFFERSON STREET. PROPERTY
OWNER/NEGOTIATOR: THEODORE LENNON, DDC DESERT DEVELOPMENT, INC.
Redevelopment Agency Agenda 1 February 211, 20006
2. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR, DOUG
EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING
POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF
REAL PROPERTY REGARDING ENA NEGOTIATIONS WITH CVHC FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF DUNE PALMS AND AVENUE 48.
PROPERTY OWNERS/NEGOTIATORS: COACHELLA VALLEY HOUSING COALITION
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 FEBRUARY 7, 2006.
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 FEBRUARY 21, 2006.
2. TRANSMITTAL OF TREASURER'S REPORT FOR DECEMBER 31, 2005.
3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT FOR DECEMBER 31,
2005.
4. APPROVAL OF CONTRACT CHANGE ORDER NOS. 1 AND 2 FOR PROJECT NO.
2005-10, AVENUE 52 STORM DRAIN IMPROVEMENTS.
Redevelopment Agency Agenda 2 February 21, 20006
5. ADOPTION OF A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR
PARKING MANAGEMENT TO ALLOW CONSTRUCTION OF A ± 10,709 GROSS
SQUARE -FOOT, TWO-STORY RETAIL/OFFICE BUILDING, IN THE VILLAGE AT LA
QUINTA, AS APPROVED UNDER DEVELOPMENT AGREEMENT 2005-008, AND
VILLAGE USE PERMIT 2005-027.
6. ADOPTION OF A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT FOR
PARKING MANAGEMENT TO ALLOW CONSTRUCTION OF A ± 19,433 GROSS
SQUARE -FOOT, TWO-STORY OFFICE BUILDING WITH A COFFEE BAR, IN THE
VILLAGE AT LA QUINTA, AS APPROVED UNDER DEVELOPMENT AGREEMENT
2005-009, AND VILLAGE USE PERMIT 2005-032.
7. ACCEPTANCE OF PROJECT NO. 2002-07J, SilverRock RESORT IRRIGATION
WELL SITE.
8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ECONOMICS
RESEARCH ASSOCIATES FOR A 2006 LA QUINTA MARKET STUDY.
BUSINESS SESSION
CONSIDERATION OF CONCEPT DEVELOPMENT PLANS FOR A 218 UNIT
MULTI -FAMILY RESIDENTIAL PROJECT LOCATED AT THE NORTHWEST CORNER
OF DUNE PALMS ROAD AND AVENUE 48. APPLICANT: COACHELLA VALLEY
HOUSING COALITION.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2005/2006.
A. MINUTE ORDER ACTION
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
March 7, 2006, 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.
Redevelopment Agency Agenda 3 February 21, 20006 ''
DECLARATION OF POSTING
I, Deborah Powell, Acting City Clerk of the City of La Quinta, do hereby declare that the
foregoing agenda for the La Quinta Redevelopment Agency meeting of February 21, 2006,
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 11 1, on February
17, 2006.
DATED: February 17, 2006
DEBORAH POWELL, Acting City Clerk
City of La Quinta, California
Redevelopment Agency Agenda 4 February 21, 20006
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: February 21, 2006
CONSENT CALENDAR
ITEM TITLE:
STUDY SESSION
Demand Register Dated February 21, 2006 PUBLIC HEARING
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and File the Demand Register Dated February 21, 2006 of which $5,180,471.96
represents Redevelopment: Agency Expenditures.
PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: February 21, 2006
BUSINESS SESSION:
ITEM TITLE: Transmittal of Treasurer's Report
as of December 31, 2005
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
It is recommended the Redevelopment Agency Board:
Receive and file,.
PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA
AGENDA CATEGORY:
COUNCIL/RDA MEETING DATE: February 21, 2006
BUSINESS SESSION:
ITEM TITLE: Transmittal of Revenue and
Expenditure Reports dated December 31, 2005 CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Receive and File.
FISCAL IM PUCATIONS:
None.
CHARTER CITY IM PUCATIONS:
None.
BACKGROUND AND OVERVIEW:
Transmittal of the December 31, 2005 Statement of Revenue and Expenditures 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, December 31, 2005
2
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
REMAINING
REVENUE SUMMARY
BUDGET
RECEIVED
BUDGET
PROJECT AREA NO. 1:
LOW/MODERATE BOND FUND:
Allocated Interest
000
0.00
0.00
Home Sale Proceeds
0.00
0.00
0.00
Non Allocated Interest
0.00
0.00
0.00
Transfer In
0.00
0.00
0.00
TOTAL LOW/MOD BOND
0.00
0.00
0.00
LOW/MODERATE TAX FUND:
Tax Increment
6,675,400.00
776,049.31
5,899,350.69
Allocated Interest
50,900.00
79,798,74
(28,898.74)
Non Allocated Interest
0.00
0.00
0.00
Miscellaneous revenue
000
0.00
0.00
Non Allocated Interest
0.00
0.00
0.00
LQRP-Rent Revenue
276,000.00
116,392.50
159,607.50
Home Sales Proceeds
480,000.00
510,841,15
(30,841.15)
Sale of Land
0.00
0.00
0.00
Sewer Subsidy Reimbursements
0.00
50,304.05
(50,304.05)
Rehabilitation Loan Repayments
0.00
30,706.63
(30,706.63)
2nd Trust Deed Repayment
0.00
928,183.07
(928,183.07)
Transfer In
0.00
0.00
0.00
TOTAL LOW/MOD TAX
7,482,300.00
2,492,275.45
4,990,024.55
DEBT SERVICE FUND:
Tax Increment
26,701,600.00
3,104,197.23
23,597,402.77
Allocated Interest
93,100.00
155,896.56
(62,796.56)
Non Allocated Interest
0.00
0.00
0.00
Interst - County Loan
0.00
0.00
0.00
Interest Advance Proceeds
0.00
0.00
0.00
Transfers In
3,945,802.00
1,982,532.01
1,963,269.99
TOTAL DEBT SERVICE
30,740,502.00
5,242,625.80
25,497,876.20
CAPITAL IMPROVEMENT FUND - NON-TAXABLE
Pooled Cash Allocated Interest
12,500 00
75,824.60
(63,324.60)
Non Allocated Interest
500,000.00
421,244.93
78,755.07
Litigation Settlement Revenue
0.00
0.00
0.00
Loan Proceeds
0.00
0.00
0.00
Rental Income
0.00
0.00
0.00
Transfers In
909,510 00
273,000.00
636,510.00
TOTAL CAPITAL IMPROVEMENT
1,422,010.00
770,069.53
651,940.47
CAPITAL IMPROVEMENT FUND - TAXABLE
Pooled Cash Allocated Interest
0.00
0.00
0.00
Non Allocated Interest
0.00
0.00
0.00
Litigation Settlement Revenue
0.00
0.00
0.00
Bond proceeds
0.00
0.00
0.00
Rental Income
0.00
0.00
0.00
Transfers In
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
0.00
0.00
0.00
3
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO. 1:
LOW/MODERATE BOND FUND
PERSONNEL
SERVICES
REIMBURSEMENT TO GEN FUND
HOUSING PROJECTS
TRANSFERS OUT
TOTAL LOW/MOD BOND
07/01/2005 - 12/31/05 REMAINING
BUDGET EXPENDITURES ENCUMBERED 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
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
LOW/MODERATE TAX FUND:
PERSONNEL
4,900.00
3,464.40
0.00
1,435.60
SERVICES
265,405.00
56,331.21
0.00
209,073.79
BUILDING HORIZONS
125,000.00
75,000.00
0.00
50,000.00
LQ RENTAL PROGRAM
332,000.00
118,712,16
0.00
213,287.84
LQ HOUSING PROGRAM
320,000.00
0.00
0.00
320,000.00
LOWMOD VILLAGE APARTMENTS
400,000.00
400,000.00
0.00
0,00
2nd TRUST DEED PROGRAM
3,298,340.00
40,000.00
0,00
3,258,340.00
LQRP - REHABILITATION
0.00
0.00
0.00
0,00
APT REHABILITATION
136,000.00
0.00
0,00
136,000.00
FORECLOSURE
150,000.00
0.00
0.00
150,000.00
REIMBURSEMENT TO GEN FUND
679,574.00
339,787.02
0.00
339.786.98
TRANSFERS OUT
3,945,802.00
1,982,532.01
0.00
1,963,269.99
TOTAL LOW/MOD TAX
9,657,021.00
3,015,826.80
0.00
6,641,194.20
DEBT SERVICE FUND:
SERVICES
537,800.00
10,770.00
0.00
527,030.00
BOND PRINCIPAL
2,500,000.00
2,500,000.00
0.00
0.00
BOND INTEREST
7,805,905.00
3,938,313.13
0.00
3,867,591,87
INTEREST CITY ADVANCE
1,116,237.00
578,232.95
0.00
538,004.05
PASS THROUGH PAYMENTS
13,076,663.00
2,007,204.25
0.00
11,069,458.75
ERAF SHIFT
3,000,000.00
0.00
0.00
3,000,000.00
TRANSFERS OUT
4,374,737.00
2,255,532.01
0.00
2,119,204.99
TOTAL DEBT SERVICE
32,411,342.00
11,290,052.34
0.00
21,121,289.66
CAPITAL IMPROVEMENT FUND:
PERSONNEL
4,900.00
3,464.40
0.00
1,435.60
SERVICES
307,362.00
91,281.09
0.00
216,080.91
LAND ACQUISITION
0.00
0.00
0.00
ASSESSMENT DISTRICT
0.00
0.00
0.00
0.00
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0,00
ECONOMIC DEVELOPMENT
55,000.00
0.00
0.00
55,000.00
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
319,515.00
159,757.49
0.00
159,757.51
TRANSFERS OUT
23,453,157.00
3,644,560.57
0,00
19,808,596.43
TOTAL CAPITAL IMPROVEMENT
24,139,934.00
3,899,063.55
0.00
20,240,870.45
CAPITAL IMPROVEMENT FUND/TAXABLE BOND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
(4,594.00)
0.00
0.00
(4,594.00)
TOTAL CAPITAL IMPROVEMENT
(4,594.00)
0.00
0.00
(4,594.00)
0
LA QUINTA REDEVELOPMENT AGENCY
REMAINING
REVENUE SUMMARY
BUDGET
RECEIVED
BUDGET
PROJECT AREA NO. 2:
LOW/MODERATE BOND FUND:
Allocated Interest
0.00
0.00
0.00
Non Allocated Interest
0.00
0.00
0.00
Bond proceeds (net)
0.00
0.00
0.00
Transfer In
0.00
0.00
0.00
TOTAL LOW/MOD BOND
0.00
0.00
0.00
LOW/MODERATE TAX FUND.
Tax Increment
3,445,900.00
503,997.13
2,941,902.87
Allocated Interest
275,300.00
90,742.10
184,557.90
Non Allocated Interest
0.00
0.00
0.00
Developer funding
0.00
0.00
0.00
Vista Dunes MHP Rental Rev
0.00
14,671.03
(14,671.03)
2nd Trust Deed Repayment
0.00
112,097.40
(112,097.40)
ERAF Shift - Interest
0.00
0.00
0.00
Sale of Land
0.00
0.00
0.00
Transfer In
0.00
0.00
0.00
TOTAL LOW/MOD TAX
3,721,200.00
721,507.66
2,999,692.34
2004 LOW/MODERATE BOND FUND:
Allocated Interest
000
000
0.00
Home Sale Proceeds
0.00
0.00
0.00
Non Allocated Interest
1,418,400.00
647,776.46
770,623.54
Transfer In
0.00
0.00
0.00
TOTAL LOW/MOD BOND
1,418,400.00
647,776.46
770,623.54
DEBT SERVICE FUND:
Tax Increment
13,783,600.00
2,015,988.54
11,767,611.46
Allocated Interest
0.00
130,130.72
(130,130.72)
Non Allocated Interest
0.00
0.00
0.00
Interest Advance Proceeds
0.00
0.00
0.00
Transfer In
7,998,654.00
7,268,370.99
730,283.01
TOTAL DEBT SERVICE
21,782,254.00
9,414,490.25
12,367,763.75
CAPITAL IMPROVEMENT FUND:
Allocated Interest
37,100.00
40,023.48
(2,923.48)
Non Allocated Interest
0.00
0.00
0.00
Developer Agreement
0.00
7,824,583.57
(7,824,583.57)
Transfers In
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
37,100.00
7,864,607.05
(7,827,507.05)
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO. 2:
LOW/MODERATE BOND FUND
2nd TRUST DEEDS
LAND
BOND ISSUANCE COSTS
TRANSFERS OUT
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
PERSONNEL
SERVICES
2ND TRUST DEEDS
2ND TRUST DEEDS FROM CENTERPOINTE
48TH AND ADAMS - FROM CENTERPOINTE
WASH/MILES PROJECT
VISTA DUNES MOBILE HOME PARK
LOW MOD HOUSING PROJECT/47TH/ADAMS PROJ
47TH/ADAMS PROJECT
FORECLOSURE ACQUISITION
REIMBURSEMENT TO GEN FUND
TRANSFERS OUT
TOTAL LOW/MOD TAX
2004 LOW/MODERATE BOND FUND
HOUSING PROGRAMS
LAND
TRANSFERS OUT
TOTAL LOW/MOD BOND
07/01/2005 - 12/31/05 REMAINING
BUDGET EXPENDITURES ENCUMBERED 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
0.00
0.00
0.00
0.00
0.00
2,900.00
2,096.49
0.00
803.51
280,628.00
107,178.55
0.00
173,449.45
852,693.00
0,00
0.00
852,693.00
2,520,000.00
0.00
0.00
2,520,000.00
1,423,203.00
71000
0.00
1,422,493.00
0.00
0.00
000
0.00
147,307.00
90,425.94
000
56,881 06
0.00
0.00
0.00
0.00
776,239.00
0.00
0,00
776,239.00
150,000.00
0.00
0.00
150,000.00
350,708.00
175,353.97
0.00
175,354.03
1,706,754.00
976,470.99
0.00
730,283.01
8,210,432.00
1,352,235.94
0.00
6,858,196.06
51,021,866.00 48.00 0.00 51,021,818.00
3,000,000.00 0.00 0.00 3,000,000.00
3,361,986.00 734,308.15 0.00 2,627,677.85
57,383,852.00 734,356.15 0.00 56,649,495.85
DEBT SERVICE FUND:
SERVICES
195,970.00
750.00
0.00
195,220,00
BOND PRINCIPAL
200,000.00
100,000:00
0.00
100,000.00
BOND INTEREST
319,168.00
160,646.25
0.00
158,521.75
INTEREST CITY ADVANCE
1,593,358.00
665,369.68
0.00
927,988.32
PASS THROUGH PAYMENTS
11,726,665.00
818,549.69
0.00
10,908,115.31
TRANSFERS OUT
1,706,754.00
976,470.99
0.00
730,283.01
TOTAL DEBT SERVICE
15,741,915.00
2,721,786.61
0.00
13,020,128.39
CAPITAL IMPROVEMENT FUND:
PERSONNEL
2,900.00
2,095.46
0.00
804.54
SERVICES
195,162.00
21,829.32
0.00
173,332.68
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0.00
ECONOMIC DEVELOPMENT ACTIVITY
0.00
0.00
0.00
0.00
REIMBURSEMENT TO GEN FUND
23,903.00
11,951.52
0.00
11,951.48
TRANSFERS OUT
6,776,933.00
6,479,143.45
0.00
297,789.55
TOTAL CAPITAL IMPROVEMENT
6,998,898.00
6,515,019.75
0.00
483,878.25
A
4 64:&QuiH!u�
COUNCIL/RDA MEETING DATE: February 21, 2006
ITEM TITLE: Approval of Contract Change Order Nos. 1
and 2 for Project No. 2005-10, Avenue 52 Storm Drain
Improvements
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve Contract Change Order Nos.1 and 2 for the repair and bypass of the
existing utilities that are conflicting with the location of the proposed Avenue 52
Storm Drain Improvements, Project No. 2005-10.
FISCAL IMPLICATIONS:
The following represents the remaining budget for this project:
Construction Budget
Base Contract Amount
Pending CCO No. 1
Pending CCO No. 2
Balance Remaining
As indicated, adequate funding is available.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
$1,063,510.00
-$888,390.00
-$35,013.79
-$29,858.00
$1 10,248.21
On February 15, 2005, staff proposed mid -year budget adjustments in the
Redevelopment Project Reserves to construct storm drain improvements within
Avenue 52 to address flooding where the Calle Rondo Channel currently enters the
northwest corner of SilverRock Resort, adjacent to the 4t" tee box of the Arnold
Palmer Classic Course.
On September 6, 2005, the Agency appropriated $636,510 from RDA Project Area
No. 1 and awarded a contract in the amount of $888,390 to Mocon Corporation to
construct the Avenue 52 Storm Drain Improvements, Project No. 2005-10.
The proposed storm drain alignment crosses various known and unknown utilities
within Avenue 52. The engineer relied upon as -built plans to establish the grades
of all utilities shown on the plans. The contractor was required to verify the
location and elE;vation of these utilities in the field. In most cases, these utility
relocations would have been necessary regardless of whether or not they were
discovered during design. However, since they were found during construction,
the relocations constitute a changed condition and must be paid by a CCO.
CCO No. 1 (Attachment 1 ) is to reroute the 14-inch irrigation well line above the
proposed storm drain to include an air vacuum release for the raised portion of the
well supply line. CCO No. 2 (Attachment 2) is for constructing the proposed storm
drain underneath an existing energized and encased bank of electrical conduits.
Staff recommends approval of CCO Nos. 1 and 2 in order to complete this project.
If they are not approved, the contract work cannot be completed and the 4t" hole
of the golf course will not be protected from flooding during large storms.
Also, staff is currently investigating options for bypassing the CVWD potable
waterline at the entrance to SilverRock Resort and a Verizon fiber optic duct that
conflicts with the proposed tie-in point to the existing Calle Rondo Channel. Once
designed and priced, a CCO will be brought forward for City Council consideration.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1 . Approve Contract Change Order Nos.1 and 2 for the repair and bypass of the
existing utilities that are conflicting with the location of the proposed Avenue
52 Storm Drain Improvements, Project No. 2005-10;or
2. Do not approve Contract Change Order Nos.1 and 2 for the repair and
bypass of the existing utilities that are conflicting with the location of the
proposed Avenue 52 Storm Drain Improvements, Project No. 2005-10;or
3. Provide staff with alternative direction.
Respectfully submitted,
,V/6othy F Jon, son, P.E.
Public Works Director/City Engineer
K
Approved for submission by:
homas P. Genovese, Executive Director
Attachments: 1 . Contract Change Order No. 1
2. Contract Change Order No. 2
3
ATTACHMENT 1
T4 t
cu
OFT9
CONTRACT:
CONTRACTOR:
Mocon Corporation
82-204 Highway III
Indio, CA 92201
Avenue 52 Storm Drain Improvements
PROJECT NO.
Sheet 1 of 3
2005-10
CONTRACT CHANGE ORDER NO. 1
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for the removal and repair of the existing 14" irrigation supply piping that conflicts with the elevations
of the proposed 54" storm drain. Amount $28,700.00
This Contract Change Order allows for the installation of a 2" air evacuation valve assembly in the repair of the existing 14" irrigation
supply piping that conflicts with the elevations of the proposed 54" storm drain. Amount$ 6,313.79
Total $ 35,013.79
Previous Contract Amount Through Change Order No. 0 $ 888,390.00
Add This Change Order No.1 $ 35 013.79
Revised Contract Total $ 923,403.79
By reason of this contract change order the time of completion is adjusted as follows: - 4 - days added to contract time.
The revised contract completion date shall be: 3/01/06
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor„ have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above
specified work, and her ccept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Acce ted B �'�! Title: 191L G ' 1o, X1
P y
Contractor: Cv �� �-PQx7/�-y� Date: r"16 /C, Zooev
4
T:\PWDEFTNPROIECTS\2_COTISTRUCTION\2005-10 AVE 52 STORM DRAIN\CONSTRUCTION\PROGRESS PAYMENTS & CHANGE ORDERS\CHANGE ORDERS\CCO RI.DOC
ATTACHMENT 2
OF
CONTRACT: Mocon Corporation
82-204 Highway 111
Indio, CA 92201
CONTRACTOR: Avenue 52 Storm Drain Improvements
PROJECT NO.
Sheet 1 of 2
2005-10
CONTRACT CHANGE ORDER NO. 2
Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following
described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms,
general conditions, and special provisions of the original Contract.
DESCRIPTION OF CHANGE
This Contract Change Order allows for the construction of a drainage structure to bypass underneath an existing utility duct bank that
conflicts with the elevations of the proposed 54" storm drain. Amount $29,858.00
Previous Contract Amount Through Change Order No. 1 $ 923,403.79
Add This Change Order No. 2 $ 29 858.00
Revised Contract Total $ 953,261.79
By reason of this contract change order the time of completion is adjusted as follows: - 12 - days added to contract time.
The revised contract completion date shall be: 3/13/06
Submitted By: Date:
Approved By: Date:
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will
provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above
specified work, and here ac ept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted B Title:
y
Contractor:
//�oC t, C-�/Z P Date: � �
5
-r.%ournFVTvunrPr-rc\') CONSTRUCTIONVW5-10 AVE 52 STORM DRAIN\CONSTRUCTION\PROGRESS PAYMENTS & CHANGE ORDERS\CHANGE ORDERS\CCO #2.DOC
COUNCIL/RDA INI ETING DATE: February 21, 2006
ITEM TITLE: Adoption of a Resolution Approving a
Development Agreement for Parking Management to
Allow Construction of a ± 10,709 Gross Square -Foot,
Two -Story Retail/Office Building, in The Village at La
Quinta, as Approved under Development Agreement
2005-008, and Village Use Permit 2005-027
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: S`
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the Redevelopment Agency Resolution approving Development
Agreement 2005-008.
FISCAL IMPLICATIONS:
Approval of the Development Agreement would result in revenue of up to $180,000,
which would be earmarked for future Village parking improvements.
BACKGROUND AND OVERVIEW:
Development Agreement 2005-008 was approved by the City Council on December 6,
2005, by adoption of Ordinance 424. The Village Use Permit approval requires that the
developer and the City enter into a Development Agreement, for the purpose of
clarifying the applicant's parking obligations associated with development of the
project. The La Quinta Redevelopment Agency must now approve the agreement in
order for the project to move forward.
Attached is the Development Agreement as approved by the City Council, which
requires that the applicant pay a $12,000 per -space fee for up to 15 parking stalls, in
exchange for credit toward meeting the required parking for the project. The applicant
was granted a two -space credit as part of the approval, for on -street spaces along
Avenida La Fonda, adjacent to his project.
FINDINGS AND ALTERNATIVES:
The alternative; available to the Agency Board include:
1. Adopt a Resolution of the Redevelopment Agency Resolution approving
Development Agreement 2005-008; or
2. Do not adopt a Resolution of the Redevelopment Agency Resolution
approving Development Agreement 2005-008; or
3. Continue this item for further consideration; or
4. Provide staff with alternative direction.
Respectfully submitted,
Douglas vans
Community Development Director
Approved for submission by,
Thomas P. Genovese, Executive Director
Attachments:
1 . Development Agreement for VUP 2005-027
RESOLUTION NO. RA 2006-
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT FOR
PARKING MANAGEMENT, ASSOCIATED WITH AN
APPROVED DEVELOPMENT PROJECT
DEVELOPMENT AGREEMENT 2005-008
CALLE ESTADO, LLC.
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning,
and identifying the economic costs of such development; and,
WHEREAS, the City Council of the City of La Quinta, California, did on
the 6th day of December, 2006, approve Development Agreement 2005-008 by
adoption of Ordinance 424, for the establishment of parking management
restrictions as part of a ± 10,709 square -foot commercial retail/office building, as
approved under Village Use Permit 2005-027, to be located at the southwest
corner of Calle E:stado and Desert Club Drive, more particularly described as:
LOTS 10, 11 & 12, BLOCK 9 OF DESERT CLUB
TRACT UNIT #1
WHEREAS, the Redevelopment Agency of the City of La Quinta,
California, is entering into this Agreement for the sole and exclusive purposes of
providing its consent, as provided in said Development Agreement, to the crediting
of 15 parking stalls on the Agency Parking Lot property, as described in said
Development Agreement, towards the Project's parking and for no other purpose;
and,
WHEREAS, the La Quinta Redevelopment Agency finds that all actions
required to be taken by the City precedent to the adoption of this Resolution, have
been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment
Agency of the City of La Quinta, as follows:
1 . That the above recitations are true and constitute the findings of the Agency
in this case;
Resolution No. RA 2006-
Development Agreement 2005-008
Calle Estado, LLC
February 21, 2006
2. That it does hereby approve Development Agreement 2005-008 for the
reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Redevelopment Agency, held on this the 21" day of February, 2006, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE M. OSBORNE, Agency Chair
La Quinta Redevelopment Agency
ATTEST:
JUNE S. GREEK,, CIVIC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency
J
P:\Reports - CC\2006\2-21-06\DA 008\rdaresoDA008.rtf
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 922.53
Attn: City Clerk
ATTACHMENT 1
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103 )
DEVELOPMENT AGREEMENT
BY AND AMONG
THE
CITY OF LA QUINTA ("CITY")
THE
LA QUINTA REDEVELOPMENT AGENCY ("AGENCY")
AND
CALLE ESTADO, L.L.C.
A CALIFORNIA LIMITED LIABILITY COMPANY ("DEVELOPER")
�150,015010-0087
627103.01 a02'13i06
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the day of
2005 ("Reference Date"), by and among the CITY OF LA QUINTA, a
California municipal corporation and charter city (the "City"), the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and,
collectively with the City, the "City Entities") and CALLE ESTADO L.L.C., a California limited
liability company (the "Developer"), with reference to the following:
RECITALS
A. Government Code Sections 65864-65869.5 (the "Development Agreement Act")
authorize the City to enter into a binding development agreement for the development of real
property within its jurisdiction with persons having legal or equitable interest in such real
property.
B. Pursuant to Section 65865 of the Government Code, the City has adopted its
Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing
procedures and requirements for such development agreements ("Development Agreement
Ordinance").
C. Developer owns the 0.34 acre parcel of real property ("Site") located at the
southwest corner of Calle Estado and Desert Club Drive, in the City of La Quinta, County of
Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and
which is the subject of this Agreement.
D. Prior to the execution of this Agreement, the City approved Village Use Permit
No. 2005-027 (the "VUP"), subject to conditions of approval. The VUP provides planning and
development criteria for a proposed project on the Site, which project is commonly known as
Calle Estado (the "Project"). The Project will consist of the development of the Site with a
proposed 10,709 gross square foot structure intended for general retail and office uses; the first
floor will contain approximately 3,854 square feet of gross floor area as retail uses and the
second floor will contain 5,541 square feet of gross floor area as general office uses. A 25-space
parking lot will occupy the remainder of the Site. The building will be generally situated on the
north portion of the Site, with the front of the building facing Calle Estado. The City has also
approved Parcel Map No. The VUP and the Parcel Map are known as the
"Development Plan".
E. The City's Municipal Code requires that a total of 42 parking stalls be provided to
service the Project. The Site is situated such that only 25 of the 42 required parking stalls are
available for the Project. While the Project requires an additional 17 parking stalls, the La
Quinta Municipal Code permits the City to credit 2 street -side parking spots towards the Projects
parking obligation.. To fulfill the remaining parking requirements for the Project, the VUP was
conditioned on the Developer entering a development agreement with the City Entities to require
the Developer to pay a parking fee in exchange for the City crediting 15 parking stalls in the
Agency -owned parking lot (which lots is located at the northwest corner of Avenida Bermudas
and Avenida Montezuma, in the City of La Quinta, County of Riverside, State of California,
which parking lot is legally described in Exhibit "B" attached hereto (the "Agency Parking
2156i015610-0087
6?7103.01 a0?/13i06 -2-
Lots") towards fulfilling the Project's parking obligation of providing 42 parking stalls. The
Agency Parking Lot is located in close proximity to the Site and is within close walking distance
of the Site. The parties to this Agreement agree and acknowledge that the Agency is entering
this Agreement for the sole and exclusive purposes of providing its consent, as provided in
Section 2.4.1, to the crediting of 15 parking stalls on the Agency Parking Lots towards the
Project's parking and for no other purpose. Without limiting the City's use of these fees, it is
intended that the fees paid by the Developer shall be used to add or provide additional parking in
the future.
F. The Development Plan also requires, in addition to the fee described above, and
as consideration for the City crediting 15 parking stalls in the Agency Parking Lots towards the
Project's parking obligation, that the City and Developer enter an agreement providing that the
parking stalls located on the Site shall be available for use by the general public during hours
when the on -Site businesses are closed.
G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties
desire to enter into a binding agreement for purposes of (1) setting forth a per -parking stall up-
front payment for the Developer's payment to the City of certain fees that the parties agree are
designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency
Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear
and tear on the municipal infrastructure which will result from the Development Plan and the
crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its
successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested
right to develop the Site according to the Development Plan.
F. Among other purposes, this Agreement is intended to be, and shall be construed
as, a development agreement within the meaning of the Development Agreement Act. This
Agreement will eliminate uncertainty in planning for and secure the orderly development of the
Project, ensure a desirable and functional community environment, provide effective and
efficient development of public facilities, infrastructure, and services appropriate for the
development of the Project, and assure attainment of the maximum effective utilization of
resources within the City, by achieving the goals and purposes of the Development Agreement
Act. In exchange for these benefits to City, Developer desires to receive the assurance that it
may proceed with development of the Project in accordance with the terms and conditions of this
Agreement and the. Development Plan, all as more particularly set forth herein.
G. The City Council has determined that the Project and this Agreement are
consistent with the City's General Plan, including the goals and objectives thereof.
H. All actions taken by City and Agency have been duly taken in accordance with all
applicable legal requirements, including the California Environmental Quality Act (Public
Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public
hearings, findings, votes and other procedural matters.
I. On , the City Council adopted its Ordinance No.
approving this Agreement. On the Agency adopted Resolution
No. approving this Agreement for the sole and exclusive purpose of consenting to the
> > s0,,o 1 s610-0087
crediting of 15 parking stalls located on the Agency Parking Lots towards fulfilling the Project's
parking obligations.
AGREEMENT
NOW, THEREFORE, in consideration of 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:
1.0 GENERAL.
1.1 Tenn.
The term of this Agreement (the "Term") shall commence on the Effective Date hereof
and shall continue for ten (10) years thereafter, unless said term is otherwise terminated,
modified, or extended by circumstances set forth in this Agreement or by mutual consent of the
parties hereto after the satisfaction of all applicable public hearing and related procedural
requirements.
1.2 Effective Date.
This Agreement shall be effective, and the obligations of the parties hereunder shall be
effective, as of _ which is the date that Ordinance No. takes
effect ("Effective Date").
1.3 Amendment or Cancellation.
Except as expressly stated to the contrary herein, this Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided for
in Government Code Section 65867-65868 and the City's Development Agreement Ordinance.
1.4 Termination.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall
automatically terminate and be of no further effect upon the expiration of the Term of this
Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right
or duty arising from entitlements or approvals set forth under the Development Plan, as defined
in Section 2.1, below.
1.5 Incorporation of Recitals.
The recitals are hereby incorporated into this Agreement.
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF
THE PROJECT.
2.1 Right to Develop.
Subject to the terms, conditions, and covenants of this Agreement, Developer's right to
develop the Project in accordance with the Development Plan (and subject to the conditions of
150 015010-0087
0271W.01 a02i13,00 -4-
approval thereof (the "Conditions of Approval") which, among other conditions of approval
associated with future approvals and permits issued by the City, include but are not limited to the
conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon
execution of this Agreement, which vesting shall expire upon the earlier of the following
occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer
of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the
expiration of the vesting right set forth in the preceding sentence shall not terminate the
obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to
the contrary, the Project shall remain subject to the following, to the same extent it would
without this Agreement:
(1) all ordinances, regulations, rules, laws, plans, policies, and guidelines of
the City and its City Council, Planning Commission, and all other City boards, commissions, and
committees existing on the Effective Date of this Agreement (collectively, the "Existing
Development Regulations");
(ii) all amendments or modifications to Existing Development Regulations
after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans,
policies, and guidelines of the City and its City Council, Planning Commission, and all other
City boards, commissions, and committees enacted or adopted after the Effective Date of this
Agreement (collectively, "New Laws"), except such New Laws which would prevent or
materially impair Developer's ability to develop the Project in accordance with the Development
Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the
Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or
applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or
regulation would cause the City to sustain a loss of funds or loss of access to funding or other
resources), or (C) New Laws the City reserves the right to apply under this Agreement,
including, but not limited to, Sections 2.2 and 3.3.4;
(iii) all subsequent development approvals and the conditions of approval
associated therewith, including but not limited to any further site development permits, tract or
parcel maps, and building pen -nits;
(iv) the payment of all fees or exactions in the categories and in the amounts as
required at the time such fees are due and payable, which may be at the time of issuance of
building permits, or otherwise as specified by applicable law, as existing at the time such fees are
due and payable; and
(v) the reservation or dedication of land for public purposes or payment of
fees in lieu thereof as required at the time such reservations or dedications or payments in lieu
are required under applicable law to be made or paid.
2.2 Additional Applicable Codes and Regulations.
Notwithstanding any other provision of this Agreement, the City also reserves the right to
apply the following to the development of the Project:
2.2.1 Building, electrical, mechanical, fire and similar building codes based
upon uniform codes adopted in, or incorporated by reference into, the La Quinta
2 1501015 610-0087 t i'
027103.01 a02 13,06 5
Municipal Code, as existing on the Effective Date of this Agreement or as may be
enacted or amended thereafter, applied to the Project in a nondiscriminatory manner.
2.2.2 In the event of fire or other casualty requiring construction of more than
fifty (50%) percent of any building previously constructed hereunder, nothing herein
shall prevent the City from applying to such reconstruction, all requirements of the City's
Building, Electrical, Mechanical, and similar building codes based upon uniform codes
adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the
extent appliicable to all development projects in the City.
2.2.3 This Agreement shall not prevent the City from establishing any new
City fees on a City-wide basis and applied to Site in a non-discriminatory manner,
including new development impact fees, or increasing any existing City fees, including
existing development impact fees, and to apply such new or increased fees to the Project
or applicable portion thereof where such new or increased fees maybe charged.
2.3 Permitted Density, Hei.ht and Use Limitations.
The permitted uses, density and intensity of use, location of uses, maximum height and
size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall
be those set forth in the Development Plan and this Agreement, whichever is the strictest.
2.4 Credit of Parking Stalls in the Agency Parking Lots.
In exchange for the full performance of the Developer's Obligations described in
Section 3, the City shall credit the Developer with 2 street -side parking spots as permitted by the
La Quinta Municipal Code and 15 parking stalls in the Agency Parking Lots, which stalls shall
be counted towards fulfilling the Project's parking obligations. This Agreement does not operate
to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an interest in
the parking spots on public streets or the Agency Parking Lots or any exclusive right to use
parking stalls in the Agency Parking Lots. Developer shall have the same right to use parking
spaces on the public street and in the Agency Parking Lots as members of the general public;
provided, however, that Developer shall enforce a policy that encourages Project employees to
park their automobiles at the Agency Parking Lots.
2.4.1 Agency Consent. Subject to the obligations of Developer as provided in
this Agreement, Agency hereby consents to crediting 15 parking stalls in the Agency
Parking Lots towards fulfilling the Project's parking obligations.
3.0 DEVELOPER'S OBLIGATIONS.
3.1 Conditions of Approval.
The Developer shall comply with the Conditions of Approval attached hereto as Exhibit
"B" as well as all other conditions of approval that have been or may be imposed. Developer
acknowledges that additional conditions of approval beyond those set forth in Exhibit T11 may
be applicable to the Project if and as associated with future Project approvals.
� 156/01;610-008 �
017 103. 01 a0_ 13 06 —6—
3.2 Restriction on the Site.
Prior to, and as a condition precedent of, the City's issuance of any building permit for
the Project, and immediately following payment of the fees detailed in Section 3.3.2, the
Developer shall submit to the City, obtain approval thereof, and record a deed restriction (the
"Restriction") against the Site which, in addition to the obligations set forth in the Conditions of
Approval, shall (i l require the Developer's payment of the fees as described in Section 3.3,
(ii) acknowledge that such fees have been paid and that the parking obligation for the Project is
fulfilled by the credit of two street -side parking spots and 15 parking stalls in the Agency
Parking Lots; and (iii) provide for the general public's use of Site parking stalls during times
when the on -Site businesses are closed as provided by Section 3.5. The Restriction shall be in a
form and substance substantially similar to that of the Restriction attached hereto as Exhibit "D".
3.3 Payments to City by Developer.
3.3.1 General.
During the Term of this Agreement, Developer shall make the payments to City
described in this Section 3.3. The payments under this Section 3.3 are not the exclusive
development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a
limitation on the right of the City to impose, levy, or assess the Site other development fees as
permitted by applicable law and this Agreement.
3.3.2 Developer's Payments of Up -Front Parking Fees.
Prior to, and as a condition precedent of, the issuance of any building permit for the Site,
Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for
each of the 15 parking stalls in the Agency Parking Lots being credited towards fulfilling the
Project's parking obligations. The total amount of fees due under this provision prior to the
issuance of any building permit for the Site shall be $180,000. This fee shall be paid in one lump
sum without deduction or offset.
3.3.3 City Parking Fee Study; Effect on Payment of Up -Front Parking Fees.
Independent of Developer's obligations under this Section 3.3.2, the City may choose to
prepare a parking study to determine the per -parking stall parking fee to be applied to
development in the La Quinta Village area. If the City approves a parking fee within one year of
the Reference Date and the fee calculated pursuant to this parking study and approved by the
City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time
after the adoption of the fee by the City Council, reimburse to Developer that portion of the per
space fee that exceeds $12,000. If the fee calculated pursuant to the parking study and approved
by the City Council is greater than $12,000 per parking stall, the Developer shall have no
obligation under this Development Agreement to pay the increased amount. If the City chooses
not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall
have no right to seek a refund of the payment described in this Section 3.3.2. The City's
obligation under this section to reimburse the Developer shall terminate within one year of the
Reference Date.
2150 015 610-008 7
3.3.4 Other Fees and Charges.
Nothing set: forth in this Agreement is intended or shall be construed to limit or restrict
the City's authority to impose its existing, or any new or increased, fees, charges, levies, or
assessments for the development of the Site, or to impose or increase, subject to the required
procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall
be construed to limit or restrict whatever right Developer might otherwise have to challenge any
fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees,
charges, levies, assessments, and special and general taxes validly imposed in accordance with
the Constitution and laws of the State of California, including without limitation school impact
fees in accordance with Government Code §§ 65995, et seq.
3.4 Dedications and Improvements.
Developer shall offer such dedications to the City or other applicable public agency, or
complete those public improvements in connection with the Project, as specified in the
Development Plan and Conditions of Approval.
3.5 Public Use of Site's Parking Stalls.
Once constructed, the parking stalls located on the Site shall be available to the general
public for use between the hours of 6:00 p.m. and 2:00 a.m.; provided, however, that Developer
(and/or its permitted successors) may reserve five (5) designated spaces for any on -Site
businesses that remain open after 6:00 p.m. At the request of Developer, the Director of
Community Development may consider increasing the number of designated spaces to equal up
to 50% of the on -Site parking spaces if the Director of Community Development determines that
an increase in designated spaces is warranted. Any such approval must be in writing to be
effective. Developer shall not erect or maintain entry gates, regulated access barriers or any
other driveway barrier. Except for signage identifying designated spaces, Developer shall not
erect or place any signage on the Site prohibiting public parking during times that on -Site
businesses are closed. The parking lot on the Site shall be lighted in conformity with the La
Quinta Municipal Code between dusk and 11:00 p.m. every day of the week.
3.6 Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and
Agency and their respective officers, officials, members, agents, employees, and representatives
(collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and
claims for property damage which may arise from the acts, errors, and/or omissions of the
Developer or its contractors, subcontractors, agents, employees or other persons acting on its
behalf in relation to the Project and/or this Agreement, except to the extent that the liability or
claims arise from the City's or the Agency's gross negligence or willful misconduct. The
foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or
alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this
paragraph, regardless of whether or not the City prepared, supplied, or approved plans or
specifications, or both, and regardless of whether or not any insurance policies are applicable.
2 156/0 15610-0087
627103.01 a02%13/06
(b) Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Agreement, the Restriction, or to
the City Entities' implementation of their rights under this Agreement; the Developer shall
indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said
action or proceeding with counsel chosen by the City.
(c) In the event the Indemnified Parties are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b)
above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified
Parties' option, reimburse the Indemnified Parties their costs of defense, including attorney's
fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select
legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at
no cost to the City Entities, cooperate with the Developer in any such defense as Developer may
reasonably request.
4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS.
4.1 SCope of Subsequent Review/Confirmation of Compliance Process.
Nothing set forth herein shall impair or interfere with the right of the City to require the
processing of building permits as required by law, pursuant to the applicable provisions of the La
Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and
Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.
Prior to each request for a building permit, Developer shall provide City with a
Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as
Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully
complied with. The Certificate shall be distributed to the relevant City departments in order to
check the representations made by Developer on the Certificate.
4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all land
use entitlements or approvals generally which have been issued or will be issued, by the City
with respect to the Project, constitute independent actions and approvals by the City. If any
provision of this Agreement or the application of any provision of this Agreement to a particular
situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this
Agreement terminates for any reason, then such invalidity, unenforceability or termination of this
Agreement or any part hereof shall not affect the validity or effectiveness of any such Project
approvals or other land use approvals and entitlements. In such cases, such approvals and
entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of
Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this
Agreement terminates or is held invalid or unenforceable as described above, such approvals and
entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the
terns of such approvals and entitlements.
1156i015610-0087
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4.3 Review for Compliance.
The City shall review Developer's compliance with the terms of this Agreement at least
once during every twelve (12) month period following the Effective Date of this Agreement, in
accordance with t'': c City's procedures and standards for such review set forth in the City's
Development Agreement Ordinance. During such periodic review by the City, the Developer,
upon written request from City, shall be required to demonstrate, and hereby agrees to furnish,
evidence of good faith compliance with the terms hereof. The failure of the City to conduct or
complete the annual review as provided herein or in accordance with the Development
Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the
annual review provided for herein, Developer has been found in compliance with this
Agreement, the City, through the City's Community Development Director, shall, at Developer's
written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement
remains in full force and effect and (2) Developer is in compliance with this Agreement. The
Certificate of Compliance shall be in recordable form, and shall contain information necessary to
communicate constructive record notice of the finding of compliance. Developer, at its option
and sole cost, may record the Certificate of Compliance.
4.4 Satisfaction of VUP Condition.
The City hereby acknowledges and agrees that full compliance with this Agreement,
among other things, will constitute Developer's satisfaction and compliance with those portions
of condition 44 of the conditions of approval for the VUP approved by the City which relate to
Developer's obligation to enter into a development agreement for the payment of parking fees
and fulfillment of parking obligations.
5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION.
5.1 Notice of Default.
In the event of failure by either party hereto substantially to perform any material term or
provision of this Agreement, the non -defaulting party shall have those rights and remedies
provided herein, provided that such non -defaulting party has first provided to the defaulting party
a written notice of default in the manner required by Section 8.1 hereof identifying with
specificity the nature of the alleged default and the manner in which said default may
satisfactorily be cured. Without limiting the scope of what is considered "material," the parties
agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be
a material default.
5.2 Cure of Default.
Upon the receipt of the notice of default, the alleged 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 five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the
notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied
within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence
to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period
156,015610-0087 �
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027101.01 a02113/06 _10-
for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction
or remedy to completion.
5.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, the City,
at its option, may institute legal action in law or in equity to cure, correct, or remedy such
default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In
no event shall the City be entitled to consequential, exemplary or punitive damages for any
Developer default. For purposes of this Agreement the term "consequential damages" shall
include, but not be limited to, potential loss of anticipated tax revenues from the Project or any
portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the
remedies set forth in this Section 5.3, in the event of a material default by Developer, may give
notice of its intent to terminate or modify this Agreement pursuant to the City's Development
Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall
be scheduled for consideration and review by the City Council in the manner set forth in the
City's Development Agreement Ordinance or the Development Agreement Act.
5.4 Developer's Exclusive Remedies.
The parties acknowledge that the City Entities would not have entered into this
Agreement if they were to be liable in damages under, or with respect to, this Agreement or any
of the matters referred to herein including, but not limited to, the Development Plan, Conditions
of Approvals, the Existing Development Regulations or any future amendments or enactments
thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on
behalf of itself and its successors and assigns, not to sue the City Entities for damages or
monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this
Agreement by the City Entities or arising out of or connected with any dispute, controversy, or
issue between Developer and the City Entities regarding this Agreement or any of the matters
referred to herein including but not limited to the application, interpretation, or effect of this
Agreement, the Development Plan, the Conditions of Approval, the Existing Development
Regulations or any future amendments or enactments thereto, or any land use permits or
approvals sought in connection with the development of the Project or any component thereof, or
use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief,
mandate, and specific performance shall be Developer's sole and exclusive judicial remedies.
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.
6.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit the Developer from encumbering the Site or
any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and
leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof
or interest therein, is pledged as security, and contracted for in good faith and fair value
(a "Mortgage") securing financing with respect to the construction, development, use or
operation of the Project.
2156,"015610-0087
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6.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid,
diminish, or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Site or any
portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or
assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in
lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and
conditions of this Agreement.
6.3 Mortgagee Not Obligated.
No Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of the Developer or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that to the extent that any covenant to be performed by the
Developer is a condition to the performance of a covenant by the City, the performance thereof
shall continue to be a condition precedent to the City's performance hereunder.
6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
City shall, upon written request to the City, deliver to each Mortgagee a copy of any
notice of default given to Developer under the terms of this Agreement, at the same time of
sending such notice of default to Developer. The Mortgagee shall have the right, but not the
obligation, within five (5) days [or thirty (30) days for non -monetary defaults] after the receipt of
such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot
reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non -
monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within
such five (5) day period [or thirty (30) day period for non -monetary defaults], and shall
continuously and diligently prosecute such cure to completion. If the default is of a nature which
can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such
Mortgagee shall have the right to seek to obtain possession with diligence and continuity through
foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the
default within such time as is reasonably necessary to cure or remedy said default but in no event
more than thirty (30) days after obtaining possession. If any such default cannot, with diligence,
be remedied or cured within such thirty (30) day period, then such period shall be extended to
permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or
remedy during such thirty (30) day period, and thereafter diligently pursues and completes such
cure.
7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.
7.1 Successors and Assigns.
Developer shall have the right to sell, transfer or assign the Site, or any portion thereof
(provided that no such transfer shall violate the Subdivision Map Act, Government Code
§66410, et sect.) to any person, partnership, joint venture, firm or corporation at any time during
the term of this Agreement; provided, however, that any such sale or transfer shall include, with
respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a
2150i015610-0087
6?7103.01 a02. 13%06 1 �—
fully executed written agreement, in whole or in part, of the rights, duties and obligations of the
Developer under the terms of this Agreement. Upon such sale, transfer or assignment,
Developer shall, with respect to the Site or the portion thereof sold or transferred, be released
from any further obligations under the terms of this Agreement, provided:
(a) Developer no longer has any legal or equitable interest in the Site or the portion
thereof sold or transferred, as applicable;
(b) Developer is not, at the time of the transfer, in default under the terms of this
Agreement; and
(c) Developer has submitted an executed assignment and assumption agreement in a
form set forth in Exhibit F.
8.0 MISCELLANEOUS.
8.1 Notices.
All notices permitted or required hereunder must be in writing and shall be effected by (1)
personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii)
reputable same -day or overnight delivery service that provides a receipt showing date and time
of delivery, addressed to the following parties, or to such other address as any party may from
time to time, designate in writing in the manner as provided herein:
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Community Development Director
To Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attn: Executive Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: Mr. Neiso Moscatel
Calle Estado, LLC
2107 Elliot Avenue, Suite 204
Seattle, WA 48121
Telephone:
Facsimile:
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.
2150/015610-0087
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8.2 Force Mai eure.
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or failures to perform are due to
war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts
of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes,
governmental restrictions imposed or mandated by other governmental entities, governmental
restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools
necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another
party, acts or the failure to act of any public or governmental agency or entity (except that acts or
the failure to act of the City shall not excuse performance by the City) or any other causes
beyond the control or without the fault of the party claiming an extension of time to perform. An
extension of time for any such cause shall only be for the period of the enforced delay, which
period shall commence to run from the time of the commencement of the cause. The City and
the Developer may also extend times of performance under this Agreement in writing.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section
8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining
suitable construction or permanent financing for the development of the Site, or because of
economic or market conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon and
inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the
Site, and their respective assigns, heirs or successors in interest, whether or not any reference to
this Agreement is contained in the instrument by which such person acquired an interest in the
Project or the Site.
8.4 Independent Entity.
The parties acknowledge that, in entering into and performing this Agreement, each of
the Developer, the City is acting as an independent entity and not as an agent of the other in any
respect.
8.5 Agreement Not to Benefit Third Parties.
This Agreement is made for the sole benefit of the parties, and no other person shall be
deemed to have any privity of contract under this Agreement nor any right to rely on this
Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on
this Agreement, nor be deemed to be a third party beneficiary under this Agreement.
Notwithstanding the immediately preceding sentence, the Agency shall be an intended third
party beneficiary to this Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run with
the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall
1150"015010-0087 -14-
017103.01 a0"13i0G
bind and inure to the benefit of each of the parties hereto and all successors in interest to the
parties hereto for the term of this Agreement.
8.7 Nonliability of City/Agency Officers and Employees.
No official, officer, employee, agent or representative of the City or Agency, acting in
his/her official capacity, shall be personally liable to Developer, or any successor or assign, for
any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this
Agreement, or for any act or omission on the part of the City or Agency.
8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective successors
and assigns, that 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 Agreement.
Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, etsed.).
8.9 Amendment of Agreement.
This Agreement may be amended from time to time by mutual consent of the original
parties or such party to which the Developer assigns all or any portion of its interest in this
Agreement, in accordance with the provisions of the City's Development Agreement Ordinance
and Government Code Sections 65867 and 65868.
8.10 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a waiver is
sought and referring expressly to this Section. No delay or omission by either party in exercising
any right or power accruing upon non-compliance or failure to perform by the other party under
any of the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the
covenants or conditions to be performed by the other party shall be construed or deemed a
waiver of any succeeding breach or nonperformance of the same or other covenants and
conditions hereof.
8.11 Severability.
If any terns, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the parties.
8.12 Cooperation in Carrying Out Agreement.
Each party shall take such actions and execute and deliver to the other all such further
instruments and documents as may be reasonably necessary to carry out this Agreement in order
21-50 015610-0087 , w�
627103.01 a02'13,06 —15— t
to provide and secure to the other party the full and complete enjoyment of its rights and
privileges hereunder.
8.13 Estoppel Certificate.
Any party hereunder may, at any time, deliver written notice to any other party requesting
such party to certify in writing that, to the best knowledge of the certifying party, (i) this
Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement
has not been amended or modified either orally or in writing, or if so amended, identifying the
amendments, (iii) the requesting party is not in default in the performance of its obligations
under this Agreement, or if in default, describing the nature and amount of any such defaults, and
(iv) any other reasonable information requested. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following receipt of such written
request. The City Manager, Assistant City Manager, and Community Development Director are
each authorized to sign and deliver an estoppel certificate on behalf of the City. The City
acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
8.14 Construction.
This terms of this 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 Agreement or any other rule of construction that might otherwise apply. As used in this
Agreement, and as the context may require, the singular includes the plural and vice versa, and
the masculine gender includes the feminine and vice versa.
8.15 Recordation.
This Agreement shall be recorded with the County Recorder of Riverside County at
Developer's cost, if any, within the period required by Government Code Section 65868.5.
Amendments approved by the parties, and any cancellation or termination of this Agreement,
shall be similarly recorded.
8.16 Captions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for
convenience of reference, and shall be disregarded in the construction and interpretation of this
Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and
exhibits of this Agreement.
8.17 Time.
Time is of the essence in the performance of this Agreement and of each and every term
and condition hereof as to which time is an element.
8.18 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this Agreement
are, by this reference, incorporated into this Agreement and made a part hereof. This
Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the
1_156,015610-0087 -16-
027103.01 a02, 13/06
parties with respect to the subject matter of this Agreement, and this Agreement supersedes all
previous negotiations, discussions and agreements between the parties, and no parole evidence of
any prior or other agreement shall be permitted to contradict or vary the terms hereof.
8.19 Exhibits.
Exhibits "A" — "F" to which reference is made in this Agreement are deemed
appropriated herein in their entirety. Said exhibits are identified as follows:
A Legal Description of Site
B Legal Description of Agency Parking Lots
C Conditions of Approval
D Restriction
E Compliance Certificate
F General Assignment and Assumption Agreement
8.20 Counterpart Signature Pages.
For convenience the parties may execute and acknowledge this agreement in counterparts
and when the separate signature pages are attached hereto, shall constitute one and the same
complete Agreement.
8.21 Authority to Execute.
Developer warrants and represents that (1) it is duly organized and existing, (ii) it is duly
authorized to execute and deliver this Agreement, (iii) by so executing this Agreement,
Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into
and performance of its obligations set forth in this Agreement 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 Agreement.
8.22 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and
enforcement of this Agreement without regard to conflicts of law principles. Any action at law
or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting
the validity of this Agreement 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, and the parties hereto waive all provisions of law providing for the filing, removal, or
change of venue to any other court. Service of process on City Entities 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 of California.
In the event of any action between the parties hereto seeking enforcement of any of the terms of
this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation
shall be awarded, in addition to such relief to which such party is entitled, its reasonable
attorney's fees, expert witness fees, and litigation costs and expenses.
I ,f,%015610-0087
027103.01 a02,13,,00 _ 1 �—
8.23 No :Brokers.
Each of the City and the Developer represents to the other party that it has not engaged
the services of an.y finder or broker and that it is not liable for any real estate commissions,
broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold
harmless the other party from such commissions or fees as are alleged to be due from the party
making such representations.
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
"DEVELOPER"
CALLE ESTADO, L.L.C., a California limited
liability company
By:
Its:
By:
Its:
[Signatures continue on next page.]
150/015610-0087
627103.01 ao2;13i06 -18-
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
M
ATTEST:
June Greek
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
Thomas P. Genovese
City Manager
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate and politic
M
ATTEST:
.Tune Greek
Agency Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
Thomas P. Genovese
Executive Director
M. Katherine Jenson
Agency Counsel
gg
2156r015610-0087 i
6-17103.01 a0- 13%06 -19-
STATE OF CALIF'ORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
[SEAL]
Notary Public
21156;015610-0087 q �7
627103.01 a0-1/13/06 -20-
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
LOTS 10, 11 AND 12 IN BLOCK 9 OF DESERT CLUB TRACT, UNIT NO. 1, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
19, PAGE 75 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
APN: 770-152-009-7; 772-152-010-7
g
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EXHIBIT "B"
LEGAL DESCRIPTION OF AGENCY PARKING LOTS
That certain real property located in the City of La Quinta, County of Riverside, State of
California, more particularly described as follows:
Lots 7, 8, 9, 101 111 12, 131 14 and 15 in Block 122 of Santa Carmelita at Vale La Quinta
Unit Number 14, as shown by map on file in Book 18 pages 82 and 83 of Maps, Records of
Riverside County, California.
Mi
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EXHIBIT "C"
CONDITIONS OF APPROVAL
VILLAGE USE PERMIT 2005-027
CONDITIONS OF APPROVAL
GENERAL CONDITIONS OF APPROVAL
1 . Village Use Permit 2005-027 (VUP 2005-027) shall be developed in compliance
with these conditions and all approved site plan, elevation, color, materials and
other approved exhibits submitted for this application, and any subsequent
amendment(;). In the event of any conflicts, these conditions shall take
precedence. In the event the Development Agreement referenced in Condition
#44 is not entered into, this Village Use Permit approval is null and void.
2. This approval shall expire two years after its effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended pursuant
to the provisions of Section 9.200.080.
3. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action or
proceeding to attack, set aside, void, or annul the approval of this development
application or any application thereunder. The City shall have sole discretion in
selecting its defense counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
4. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
• La Quinta Public Works Department (Grading/ Improvement/Encroachment
Permits)
• La Quinta Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• Waste. Management of the Desert
2156,015610-0087
027103.01 a02113%06 -23-
The applicant is responsible for any requirements of the permits or clearances
from those jurisdictions. If the requirements include approval of improvement
plans, applicant shall furnish proof of said approvals prior to obtaining City
approval of the plans.
5. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean Water),
LQMC; Riverside County Ordinance No. 457; and the State Water Resources
Control Board's Order No. 99-08-DWQ.
6. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall
generally conform to the approved exhibits for VUP 2005-027.
7. All parking area civil plans and improvements shall be developed in
accordance with the standards set forth in applicable portions of Section
9.150.080 of the Zoning Code, and these conditions, which shall take
precedence in the event of any conflicts with said Section.
PROPERTY RIGHTS
8. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
9. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, and common areas shown on the Village Use Permit.
10. Direct vehicular access from any portion of the site with frontage along
Desert Club Drive and Calle Estado is restricted, except for those access
points identified on the approved site plan, or as otherwise conditioned in
these conditions of approval.
11. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments are to
occur.
'_156-015610-0087 r
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12. The applicant shall cause no easements to be granted, or recorded, over any
portion of the subject property, between the date of approval of this Village
Use Permit and the date of final acceptance of the on -site and off -site
improvements for this Village Use Permit unless such easements are
approved by the City Engineer.
IMPROVEMENT PLANS
As used throughout these conditions of approval, professional titles such as
"engineer'', "surveyor", and "architect" refer to persons currently certified or
licensed to practice their respective professions in the State of California.
13. Improvement plans shall be prepared by or under the direct supervision of
qualified Engineers and/or architects, as appropriate, and shall comply with
the provisions of Section 13.24.040 (Improvement Plans), LQMC.
14. The following improvement plans shall be prepared and submitted for review
and approval by the City. A separate set of plans for each line item specified
below shall be prepared. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired.
Note: the applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and utility
purveyors.
A.
On -Site Rough Grading Plans
1 "
= 30'
Horizontal
B.
PM 10 Plan
1 "
= 40'
Horizontal
C.
SW'PPP
I"
= 40'
Horizontal
NOTE: A through C to be submitted concurrently.
D. On -Site Precise Grading Plans (Commercial Development)
1 " = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
On -Site Precise Grading Plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs
& gutters,, sidewalks, building floor elevations, parking lot improvements and
ADA requirements for the parking lot and access to the building; and
2 150015010-0087
0-17103.01 a02;13i06 -25-
showing the existing street improvements out to at least the center lines of
adjacent existing streets -including ADA accessibility route to surrounding
buildings, parking facilities and public streets.
15. The City maintains standard plans, details and/or construction notes for
elements of construction on the Public Works Online Engineering Library at
http://www.la-guinta.org/publlcworks/tractl/z onlinelibrary/0 intropage.htm
16. The applicant shall furnish a complete set of the AutoCAD files of all
approved improvement plans on a storage media acceptable to the City
Engineer. The files shall be saved in a standard AutoCAD format so they
may be fully retrievable through a basic AutoCAD program.
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in
order to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD
format, or a file format that can be converted to an AutoCAD format, the
City Engineer will accept raster -image files of the plans
8.24 GRADING
17. Prior to occupancy of the project site for any construction, or other
purposes, the applicant shall obtain a grading permit approved by the City
Engineer.
18. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A precise grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter
6.16 (Fugitive Dust Control), LQMC.
All grading shall conform to the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by a soils
engineer, or by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
2150'015010-0087
627103.01 a02/13i06 2
Dust Control Plan provisions as submitted with its application for a grading
permit.
19. The applicant shall maintain all open graded, undeveloped land to prevent
wind and water erosion of soils. All such land shall be planted with interim
landscaping or provided with other erosion control measures as approved by
the Public Works Departments under the Fugitive Dust Control Plan.
20. Prior to issuance of the main building permit, the applicant shall provide a lot
pad certification, stamped and signed by qualified engineers or surveyor.
nRAin1AnF
21. Nuisance water shall be retained onsite and disposed of in a manner
acceptable to the City Engineer.
t 1T11 ITIFS
22. The applicant shall obtain the approval of the City Engineer for the location
of all utility lines within the right of way and all above -ground utility
structures including, but not limited to, traffic signal cabinets, electrical
vaults, water valves, and telephone stands, to ensure optimum placement for
practical and aesthetic purposes.
23. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing, improved streets, the applicant shall
comply with trench restoration requirements maintained or required by the
City Engineer. The applicant shall provide certified reports of all utility trench
compaction for approval of the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
24. The applicant shall comply with the provisions of Sections 1 3.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access
For Individual Properties And Development), LQMC for public streets.
25. No additional street improvements are required, except for:
A. Desert Club Drive
1) Reconstruct the curb ramp at the Desert Club Drive/Alley "D"
intersection as required by the City Engineer.
B. Alley "D"
t
2156;015010-oos7
627103.01 a02'13 06 —27—
1) Reconstruct the north edge of Alley "D" along the Village Use
Permit site's south boundary as required by the City Engineer to
facilitate proposed curb construction.
PARKING LOTS AND ACCESS POINTS
26. The applicant shall conform to LQMC Chapter 9.150, particularly drive isle
width, parking stall dimensions, and parking stall marking design
requirements. Parking space markings shall be double four inch wide hairpin
stripes as specified in LQMC Chapter 9.150.
27. The applicant shall design street pavement sections using Caltrans' design
procedure (20-year life) and site -specific data for soil strength and
anticipated traffic loading (including construction traffic). Minimum
structural sections shall be as follows (or approved equivalents for alternate
materials) :
Parking Areas Concrete as proposed by the applicant.
Alley "D" 3.0" a.c./4.0" c.a.b.
28. The applicant shall submit current mix designs (less than two years old at
the time of construction) for base, asphalt concrete and Portland cement
concrete. The submittal shall include test results for all specimens used in
the mix design procedure. For mix designs over six months old, the
submittal shall include recent (less than six months old at the time of
construction) aggregate gradation test results confirming that design
gradations can be achieved in current production. The applicant shall not
schedule construction operations until mix designs are approved.
29. General access points and turning movements of traffic are limited to the
proposed access driveway on Calle Desert Club Drive. All turn movements
are permitted. A colored concrete shall be used for the access drive ramp,
with a paver system used to define the continuation of the existing
pedestrian sidewalk along Desert Club Drive. The entry driveway throat shall
be permitted to be constructed as designed, at 1 1 feet in depth rather than
the required 20 feet, as permitted under Section 9.65.030.A.3.a., in order to
retain the parking space count of 25 on -site spaces.
30. A five-foot wide landscape planter strip shall be provided at the two west
property (line parking stalls, with a minimum 4-foot high wall along the
property line in front of these two stalls. This shall be shown on the civil and
landscape plans as submitted for plan check.
LANDSCAPING
2156i015010-0087 —� �—
627103.01 a02/13/06
31. On -site landscape, landscape lighting and irrigation plans shall be submitted
for approval by the Community Development Department. Plans shall be in
substantial conformance with the conceptual landscaping as approved for
the project by Planning Commission. When plan checking is complete, the
applicant shall obtain the signatures of CVWD and the Riverside County
Agricultural Commissioner prior to submitting for final acceptance by the
Community Development Department.
QUALITY ASSURANCE
32. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
33. The applicant shall employ or retain qualified engineers, surveyors, or other
appropriate professionals as are required to provide the expertise with which
to prepare and sign accurate record drawings, and to provide adequate
construction supervision.
34. The applicant shall arrange for, and bear the cost of, all measurement,
sampling and testing procedures not included in the City's inspection
program but required by the City as evidence that construction materials and
methods employed comply with plans, specifications and other applicable
regulations.
35. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built"
or "As -Constructed" and shall be stamped and signed by the engineer or
surveyor certifying to the accuracy and completeness of the drawings. The
applicant shall have all AutoCAD or raster -image files previously submitted to
the City revised to reflect the as -built conditions.
FEES AND DEPOSITS
36. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
37. Provisions; shall be made to comply with the terms and requirements of the
City's adopted Art in Public Places program in effect at the time of issuance
of building permits.
2 15001-010-0087
0-17101.01 a02,13i00 —29— �
38. Permit(s) issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time said permit(s) are
issued.
FIRE PROTECTION
39. Specific fire protection requirements will be determined when final building
plans are submitted for review. Final conditions will be addressed when
building plans are submitted. A plan check fee must be paid to the Fire
Department at the time building plans are submitted.
MISCELLANEOUS
40. The applicant shall submit a detailed project area lighting plan. All pole -
mounted light standards shall conform to lighting standards as in effect
when plans are reviewed. Under canopy lighting for building areas shall
incorporate flush lens caps or similar recessed ceiling lighting.
The lighting plan shall be submitted for review at the time construction plan
check for the permanent building permit is made to Building and Safety.
41. A comprehensive sign program shall be submitted for review and approval
by the Planning Commission prior to establishment of any individual tenant
signs for the project. Provisions of the sign program shall be in compliance
with applicable sections of Chapter 9.160 of the Zoning Code. No signs shall
be permitted to be placed on any portion of the roof projections along Calle
Estado and/or Desert Club Drive.
42. All roof-rriounted mechanical equipment must be internal to the roof design,
or screened as an integral part of the roof structure, in a manner so as not to
be visible from surrounding properties and streets. Working drawings
showing all such equipment and locations shall be submitted to the Building
and Safety Department along with the construction plan submittal for
building permits. The method and design must be approved by the
Community Development Department, prior to any issuance of the main
structural building permit.
43. The building plans submitted for plan check shall incorporate the following
revisions:
A. Appropriately sized planting pots, and/or other similar containers, shall
be placed at appropriate intervals at street level, to make up for the
lack of planter areas around the building. Automatic irrigation shall be
provided to all such containers.
2 156,015010-0087
027103.01 a02!13/06 -30-
B. Add architectural detailing to the west building elevation, to relieve the
blank wall appearance. Detailing shall employ use of elements such as
extended use of the painted faux -tile treatment, some architectural
recesses, and the potential for integration of a wall mural as part of
the elevation.
C. Roof tile shall incorporate a random mudded clay appearance.
D. Second -story planter areas and/or containers shall incorporate a down
drain system to avoid discoloration damage to the building finish.
E. Exposed rafter tail areas on the first and second floor ceiling lines may
be reduced in depth if deemed necessary due to encroachment into
the existing rights -of -way for Calle Estado and Desert Club Drive.
Design changes necessitated by such reduction shall be reviewed and
approved by the Community Development Department.
F. The central breezeway, connecting the north building elevation and
the south parking area, shall be widened from 6 feet to a minimum of
R fpPt
44. It is understood by the Applicant that Calle Estado, LLC, has entered into a
Letter of Agreement with the City, dated 7/19/05, relating to preparation
and possible approval of a Development Agreement for the purpose of
clarifying the applicant's parking obligations associated with development of
Village Use Permit 2005-027. This Village Use Permit shall not be effective
unless and until the Development Agreement has been approved by the City
Council and recorded; the applicant further understands that the City Council
may choose to reject entering the Development Agreement or modify its
contents. While this approval will not be effective until such time as a
Development Agreement may become effective, the time limits associated
with approval of VUP 2005-027 shall be in effect with respect to expiration,
as stated under Condition #2.
45. The permitted office and retail uses shall be limited to those of a general
intensity, consistent with the parking ratios of 1 space per 250 s.f. of office
and 1 space per 200 s.f. of retail to general office and limit the retail spaces
to preclude restaurant and food service uses. This precludes use of office
space as a medical use, and retail space for restaurant use and retail food
with ancillary seating, unless shared parking or tenant space reductions are
determined to maintain the approved parking ratios for this building, or the
Development Agreement is amended to allow payment of per -space fees to
increase use intensity for the project.
2136i015010-0087 f w 1 ,
627103.01 a02,13,06 -3 1 - J 3
46. Applicant shall process a parcel merger, in order to incorporate Lots 10, 1 1 ,
and 12 into one parcel. The merger shall have been recorded prior to
issuance of a permit for the main building.
?1>6i015010-0087
017101.01 a02,13'06 -32-
EXHIBIT "D"
Restriction
V
-'1')6i015610-0087
02710�.01 do-ln306 -33-
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)
DEED RESTRICTION
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALLE
ESTADO, L.L.C., a California limited liability company ("Declarant"), hereby covenants and
declares for the benefit of the City of La Quinta, a California municipal corporation and charter
city (the "City"), the following covenants, conditions, reservations and restrictions, which shall
run with the real property described herein and shall be binding on Declarant and City and their
successors and assigns, and all other persons or entities acquiring any interest in the real property
described herein, and shall remain in full force and effect from the date of recordation of this
Deed Restriction unless terminated or modified as hereinafter provided.
1. Pu )ose: Declarant owns the 0.34 acre parcel of real property ("Site") located in
the City of La Quinta, County of Riverside, State of California, which Site is legally described in
Exhibit "A" attached hereto, and which is the subject of this Deed Restriction. In connection
with the Site, the City approved Village Use Permit No. 2005-027 (the "VUP"), subject to
conditions of approval, which provides planning and development criteria for a project
commonly known as Calle Estado (the "Project"). The La Quinta Municipal Code requires the
provision of 42 parking stalls to service the Project. On , 2005 the Declarant, City
and the La Quinta, Redevelopment Agency entered that certain Development Agreement (the
"Development Agreement") for the purposes of (1) setting forth a per -parking stall up -front
payment for the Developer's payment to the City of certain fees that the parties agree are
designed to compensate the City for (A) the crediting of 15 parking stalls located in the Agency
Parking Lots towards fulfilling the Project's parking obligation; and (B) the potential added wear
and tear on the municipal infrastructure which will result from the Development Plan and the
crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its
successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested
right to develop the Site according to the Development Plan. Capitalized terms not defined
herein shall have the same meaning as set forth in the Development Agreement. In accordance
with Section 3.2 of the Development Agreement, Developer is required to record this Deed
Restriction against the Site to (1) require the Developer's payment of the fees as described in
Section 3.3 of the Development Agreement, (ii) acknowledge that such fees have been paid and
that the parking obligation for the Project is fulfilled by the credit of 2 street side parking spots
and 15 parking stalls in the Agency Parking Lots; and (iii) provide for the general public's use of
2 156/015 610-0087
6? 7103.01 a02 13,00 -3 4-
Site parking stalls during times when the on -Site businesses are closed as provided in Section 3
and Section 3.5 of -the Development Agreement.
2. Acknowledgement of Payment and Credit of Parking Stalls Located on the
Agency Parking Lot. In connection with the Project, the City has credited the Declarant with 2
street -side parking spots (as permitted by the La Quinta Municipal Code) and 15 parking stalls in
the Agency Parking Lots, and these stalls are counted towards fulfilling the Project's parking
obligations to provide 42 parking stalls for the Project. In connection with this credit, Declarant
has paid the City a parking fee in the amount of $12,000 for each parking stall in the Agency
Parking Lots credited towards the Project's parking obligation. This Deed Restriction does not
operate to create a conveyance, hypothecation, lease, license, sale or any form of transfer of an
interest in the parking spots on public streets or the Agency Parking Lots or any exclusive right
to use parking spots on public streets or parking stalls in the Agency Parking Lots. Declarant
shall have the same right to use parking spots on public streets and parking spaces in the Agency
Parking Lots as members of the general public; provided, however, that Declarant shall enforce a
policy that encourages Project employees to park their automobiles at the Agency Parking Lots.
3. Use of Site Parking Lot by General Public. The parking stalls located on the Site
shall be available to the general public for use between the hours of 6:00 p.m. and 2:00 a.m.;
provided, however, that Declarant (and/or its permitted successors) may reserve five (5)
designated spaces for any on -Site businesses that remain open after 6:00 p.m. At the request of
Declarant, the Director of Community Development may consider increasing the number of
designated spaces to equal up to 50% of the on -Site parking spaces if the Director of Community
Development determines that an increase in designated spaces is warranted. Any such approval
must be in writing to be effective. Declarant shall not erect or maintain entry gates, regulated
access barriers or any other driveway barrier. Except for signage identifying designated spaces,
Declarant shall not erect or place any signage on the Site prohibiting public parking during times
that on -Site businesses are closed. The parking lot on the Site shall be lighted in conformity with
the La Quinta Municipal Code between dusk and 1 1:00 p.m. every day of the week.
4. Indemnification. Declarant agrees to and shall indemnify, hold harmless, and
defend, the City and La Quinta Redevelopment Agency ("Agency") and their respective officers,
officials, members, agents, employees, and representatives (collectively, "the Indemnified
Parties"), from liability or claims for death or personal injury and claims for property damage
which may arise from the acts, errors, and/or omissions of the Declarant or its contractors,
subcontractors, agents, employees or other persons acting on its behalf in relation to the Project
and/or this Agreement, except to the extent that the liability or claims arise from the City's or the
Agency's gross negligence or willful misconduct. The foregoing indemnity applies to all deaths,
injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of
the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the
City prepared, supplied, or approved plans or specifications, or both, and regardless of whether
or not any insurance policies are applicable.
Declarant agrees to and shall indemnify, hold harmless, and defend, the Indemnified
Parties from any challenge to the validity of this Agreement, the Restriction, or to the City
Entities' implementation of its rights under this Agreement; the Declarant shall indemnify, hold
harmless, pay all costs and provide defense for the Indemnified Parities in said action or
proceeding with counsel chosen by the City.
$ 1
3150M 15010-0087
027103.01 a02 13%06 -35-
In the event the Indemnified Parties are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving claims specified in paragraphs (a) or (b) above,
Declarant shall provide a defense to the Indemnified Parties, or at the Indemnified Parties'
option, reimburse the Indemnified Parties their costs of defense, including attorneys fees,
incurred in defense of such claim. The Indemnified Parties shall have the right to select legal
counsel of their choice. In addition, Declarant shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at
no cost to the City Entities, cooperate with the Declarant in any such defense as Declarant may
reasonably request,.
5. Run with the Land; Binding on Successors and Assigns. The covenants,
conditions, reservations and restrictions herein shall run with the Site and shall be binding upon
Declarant and each successive owner, lessee, licensee and other occupant of all or any portion of
the Site, and shall benefit the City and be enforceable by the City and its successors and assigns.
Every person or entity who now or hereafter owns or acquires any right, title or interest in or to
any portion of the Site is and shall be conclusively deemed to have consented and agreed to
every covenant, condition, reservation and restriction contained herein whether or not any
reference to this Deed Restriction is contained in the instrument by which such person or entity
acquired an interest in the Site.
6. Term; Amendment and Termination. The covenants, conditions, reservations and
restrictions may be validly terminated, amended or modified, in whole or in part, only by
recordation with the Riverside County Recorder of a proper instrument duly executed and
acknowledged by (a) City, or, as applicable, its successors and assigns, and (b) the owner(s) of
the fee interest in the portion of the Site that is directly affected by such termination, amendment
or modification.
7. Recording. This Deed Restriction shall be recorded on the Site described in
Exhibit "A" in the Office of the County Recorder, Riverside County, California.
S. Authority of Signatories to Bind Principals. The persons executing this Deed
Restriction on behalf of their respective principals represent that (1) they have been authorized to
do so and that they thereby bind the principals to the terms and conditions of this Deed
Restriction and (ii) their respective principals are properly and duly organized and existing under
the laws of, and permitted to do business in, the State of California.
9. Counterparts. This Deed Restriction may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute but one and the same instrument.
[Signatures on next page.]
2156/015610-0087
027103.01 aO2113/06 -36-
IN WITNESS WHEREOF, this Deed Restriction has been executed by the parties as of
the date set forth above.
"Developer"
CALLE ESTADO, L.L.C., a California limited
liability company
By:
Its:
By:
Its:
"CITY"
CITY OF LA QULNTA, a California municipal
corporation and charter city
In
ATTEST:
Thomas P. Genovese
June Greek
City Manager City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
1150,015610-0087
627103.01 a02113/06 _37_
STATE OF CALIF�ORNIA )
) ss
COUNTY OF
O1l , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF _ )
On , before me,
personally appeared
personally known to me (or 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.
Witness in,/ hand and official seal.
Notary Public
[SEAL]
2156/015010-0087
627103.01 a02/13/06 _38_
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
LOTS 10, 11 AND 12 IN BLOCK 9 OF DESERT CLUB TRACT, UNIT NO. 1, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
19, PAGE 75 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
APN: 770-152-009-7; 772-152-010-7
3156,015610-0087
627103.01 a03i13,06 -39-
EXHIBIT "E"
COMPLIANCE CERTIFICATE
_' 150 015610-0087
61-7103.01 aO-' 13;00 -40-
COMPLIANCE CERTIFICATE
(CALLE ESTADO DEVELOPMENT AGREEMENT)
The undersigned, CALLE ESTADO, L.L.C., a California limited liability company
("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated
, 2005, (the "Development Agreement"), by and among Developer, the City of
La Quinta, a California municipal corporation and charter city (the "City") and the La Quinta
Redevelopment Agency, a public body, corporate and politic (the "Agency"), by its signature
below hereby certifies to the City, for the City's reliance that:
1. Capitalized terms not defined herein shall have the same meaning as set
forth in the Development Agreement;
2. The undersigned is familiar with the certifications and representations set
forth in this Compliance Certificate;
3. Developer has performed and complied with its obligations under the
Development Agreement to be performed or complied with by it on or prior to the date hereof.
Developer has also performed all Conditions of Approval to be performed or complied with by it
on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant
and represents that: (1) the Restriction required by Section 3.2 of the Development Agreement
has been approved by the City and recorded against the Site; (2) all payments required pursuant
to Section 3.3.2 of the Development Agreement have been paid; and (3) all Conditions of
Approval to be performed or complied with as of the date hereof have been satisfied in the
manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval
and a description of how the condition has been satisfied.
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the
day of , under penalty of perjury under the laws of California.
CALLE ESTADO, L.L.C., a California limited
liability company
By:
Its:
By:
Its:
P
L W
2156 015610-0087
027103.01 d02;13 06 -41-
SCHEDULE I
CONDITIONS OF APPROVAL
[DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL
CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO
DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS
BEEN SATISFIED.]
I,O 01 Sbl o-0087
027101.01 aO2 13 00 -42-
EXHIBIT "F"
GENERAL ASSIGNMENT AND ASSUMPTION AGREEMENT
-1156015610-OO87
627103.01 a0'_ 13;06 -43-
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)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is
made and entered into as of ("Effective Date"), by and between
CALLE ESTADO, L.L.C., a California limited liability company (the "Developer" or
"Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals.
Recitals
A. Assignor is the developer of 0.34 acres of real property located in the City of La
Quinta, County of Riverside, State of California (the "Site"), which is legally described in
Exhibit "A" attached here.
B. Capitalized tenns not defined herein shall have the same meaning as set forth in
the Development Agreement.
C. Assignor, as "Developer," the City of La Quinta, a California municipal
corporation ("City") and the La Quinta Redevelopment Agency, a public body, corporate and
politic ("Agency"), have entered into that certain Development Agreement dated
2005 (the "Development Agreement"), for purposes of, among other things, (1)
setting forth a per -parking stall up -front payment for the Developer's payment to the City of
certain fees that the parties agree are designed to compensate the City for (A) the crediting of 15
parking stalls located in the Agency Parking Lots towards fulfilling the Project's parking
obligation; and (B) the potential added wear and tear on the municipal infrastructure which will
result from the Development Plan and the crediting of the parking stalls in the Agency Parking
Lots; (ii) requiring the Developer and its successors -in -interest to provide public parking on the
Site; and (iii) granting Developer a vested right to develop the Site according to the Development
Plan.
D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee
the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")].
r�
156/015610-0087 -44-
6-17101.01 a02i 13%06
E. In accordance with Section 7.1 of the Development Agreement, Assignor now
desires to assign all of its obligations and its right, title, and interest in and to the Development
Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such
assignment on, and subject to, the terms and conditions set forth in this Assignment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
A,2reement
1. Assignment. From and after the Effective Date, Assignor hereby assigns,
conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation
in, to and under the Development Agreement [as the same applies to the Designated Site], and
Assignee hereby accepts such assignment and agrees to assume performance of all terms,
covenants and conditions occurring or arising under the Development Agreement [as the same
applies to the Designated Site] from and after the date of this Assignment.
2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby
agrees to assume all of Assignor's right, title, interest and obligation in, to and under the
Development Agreement [as the same applies to the Designated Site], and Assignee agrees to
timely discharge, perform or cause to be performed and to be bound by all of the liabilities,
duties and obligations imposed in connection with the Development Agreement [as the same
applies to the Designated Site], from and after the date of this Assignment to the same extent as
if Assignee had been the original party thereto.
3. Successors and Assigns. This Assignment shall be binding upon and shall inure
to the benefit of the successors and assigns of the respective parties hereto.
4. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of California.
5. Further Assurances. The parties covenant and agree that they will execute such
other and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Assignment.
6. Authority of Signatories to Bind Principals. The persons executing this
Assignment on behalf of their respective principals represent that (1) they have been authorized
to do so and that they thereby bind the principals to the terms and conditions of this Assignment
and (ii) their respective principals are properly and duly organized and existing under the laws
of, and permitted to do business in, the State of California.
7. Interpretation. The paragraph headings of this Assignment are for reference and
convenience only and are not part of this Assignment. They have no effect upon the construction
or interpretation of any part hereof. The provisions of this Assignment shall be construed In a
reasonable manner to effect the purposes of the parties and of this Assignment.
S. Counterparts. This Assignment may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed to be an original and all of which
156,015010-0087 -45-
61-7103.01 a02-'13%06
counterparts taken together shall constitute but one and the same instrument.
IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the
date set forth above.
"Assignor"
CALLE ESTADO, L.L.C., a California limited
liability company
By:
Its:
By:
Its:
"Assignee"
[INSERT ASSIGNEE SIGNATURE
BLOCK]
21�0,015610-0087
-46-
027103.01 a02n3-06
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
2156/015610-0087
-47-
6-17103.01 aO2,136
ro
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
Real property in the City of La Quinta, County of Riverside, State of California, described as
follows:
LOTS 10, 11 AND 12 IN BLOCK 9 OF DESERT CLUB TRACT, UNIT NO. 1, IN THE
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
19, PAGE 75 OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY.
APN: 770-152-009-7; 772-152-010-7
2156/015610-0087
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J
ot
OF TNti�
COUNCIL/RDA MEETING DATE: February 21, 2006 AGENDA CATEGORY:
BUSINESS SESSION:
ITEM TITLE: Adoption of a Resolution Approving a
n CONSENT CALENDAR:
Development Agreement for Parking Management to
Allow Construction of a ± 1 9,433 Gross Square -Foot, STUDY SESSION:
Two -Story Office Building with a Coffee Bar, in The
Village at La Quinta, as Approved under Development PUBLIC HEARING:
Agreement 2005-009, and Village Use Permit 2005-032
RECOMMENDATION:
Adopt a Resolution of the Redevelopment Agency approving Development Agreement
2005-009.
FISCAL IMPLICATIONS:
Approval of the Development Agreement would result in revenue of up to $228,000,
which would be earmarked for future Village parking improvements.
BACKGROUND AND OVERVIEW:
Development Agreement 2005-009 was approved by the City Council on February 7,
2006, by adoption of Ordinance 426. The Village Use Permit approval requires that the
developer and the City enter into a Development Agreement, for the purpose of
clarifying the applicant's parking obligations associated with development of the
project. The La Quinta Redevelopment Agency must now approve the agreement in
order for the project to move forward.
Attached is the Development Agreement as approved by the City Council, which
requires that the applicant pay a $1 2,000 per -space fee for up to 19 parking stalls, in
exchange for credit toward meeting the required parking for the project. The applicant
may reduce his needed credit by submitting street improvement plans for Main Street,
which would allow for on -street parking. Main Street is currently a 28-foot travel
width, which precludes any on -street parking.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Adopt a Resolution of the Redevelopment Agency approving Development
Agreement 2005-009; or
2. Do not adopt a Resolution of the Redevelopment Agency approving
Development Agreement 2005-009; or
3. Continue this item for further consideration; or
4. Provide staff with alternative direction.
Respectfully submitted,
Dougla R. Evans
Community Development Director
Approved for submission by,
s`
Thomas P. Genovese, Executive Director
Attachments:
1 . Development Agreement for VUP 2005-032
f sw�
RESOLUTION NO. RA 2006-
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT FOR
PARKING MANAGEMENT, ASSOCIATED WITH AN
APPROVED DEVELOPMENT PROJECT
DEVELOPMENT AGREEMENT 2005-009
NISPERO PROPERTIES, INC.
WHEREAS, California Government Code Section 65864 et seq. (the
"Development Agreement Law") authorizes cities to enter into binding development
agreements with persons having a legal or equitable interest in real property for the
development of such property, all for the purpose of strengthening the public
planning process, encouraging private participation and comprehensive planning,
and identifying the economic costs of such development; and,
WHEREAS, the City Council of the City of La Quinta, California, did on
the 7th day of February, 2006, approve Village Use Permit 2005-032 for a
± 19,433 gross square -foot commercial office building, to include a 935 square -
foot coffee bar use, and inclusive of the Development Agreement (DA 2005-009)
as adopted by Ordinance 426 of the City Council, to be located at the northwest
corner of Main Street and Avenida La Fonda, more particularly described as:
LOTS 68 & 77, MB 021 /060, DESERT CLUB TRACT UNIT #4
WHEREAS, the Redevelopment Agency of the City of La Quinta,
California, is entering into this Agreement for the sole and exclusive purposes of
providing its consent, as provided in said Development Agreement, to the crediting
of 19 parking stalls on the Agency Parking Lot property, as described in said
Development Agreement, towards the Project's parking and for no other purpose;
and,
WHEREAS, the La Quinta Redevelopment Agency finds that all actions
required to be taken by the City precedent to the adoption of this Resolution, have
been regularly and duly taken.
NOW, THEREFORE, BE IT RESOLVED by the La Quinta Redevelopment
Agency of the City of La Quinta, as follows:
1. That the above recitations are true and constitute the findings of the Agency
in this case;
2. That it does hereby approve Development Agreement 2005-009 for the
reasons set forth in this Resolution.
Resolution No. RA 2006-
Development Agreement 2005-009
Nispero Properties, Inc.
February 21, 2006
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Redevelopment Agency, held on this the 21 st day of February, 2006, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
LEE M. OSBORNE, Agency Chair
La Quinta Redevelopment Agency
ATTEST:
JUNE S. GREEK, CMC, Agency Secretary
La Quinta Redevelopment Agency
APPROVED AS TO FORM:
M. KATHERINE JENSON, Agency Counsel
La Quinta Redevelopment Agency
P:\Reports - CC\2006\2-21-06\DA 009\rdaresoDA009.rtf
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Clerk
ATTACHMENT 1
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
DEVELOPMENT AGREEMENT
BY AND AMONG
THE
CITY OF LA QUINTA ("CITY")
THE
LA QUINTA REDEVELOPMENT AGENCY ("AGENCY")
NISPERO PROPERTIES, INC.
A CALIFORNIA CORPORATION ("DEVELOPER")
r
21561015610-0088 ..
009968.04 a02,09,06
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of the day of
2006 ("Reference Date"), by and among the CITY OF LA QUINTA, a
California municipal corporation and charter city (the "City"), the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" and,
collectively with the City, the "City Entities") and NISPERO PROPERTIES, INC., a California
corporation (the "Developer"), with reference to the following:
RECITALS
A. Government Code Sections 65864-65869.5 (the "Development Agreement Act")
authorize the City to enter into a binding development agreement for the development of real
property within its jurisdiction with persons having legal or equitable interest in such real
property.
B. Pursuant to Section 65865 of the Government Code, the City has adopted its
Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing
procedures and requirements for such development agreements ("Development Agreement
Ordinance").
C. Developer owns the 0.72 acre parcel of real property ("Site") located at the
northwest corner of Avenida La Fonda and Main Street, in the City of La Quinta, County of
Riverside, State of California, which Site is legally described in Exhibit "A" attached hereto, and
which is the subject of this Agreement.
D. Prior to the execution of this Agreement, the City approved Village Use Permit
No. 2005-032 (the "VUP"), subject to conditions of approval. The VUP provides planning and
development criteria for a proposed project on the Site (the "Project"). The Project will consist
of the development of the Site with a proposed 19,433 gross square foot structure intended for
general uses, including 935 square feet of space for a coffee bar; the first floor will contain
approximately 9,470 square feet of gross floor area as office and coffee bar uses and the second
floor will contain 9,963 square feet of gross floor area as general office uses. A 49-space
parking lot will occupy the remainder of the Site. The building will be generally situated on the
north portion of the Site, with the front of the building facing Avenida La Fonda. The VUP is
known as the "Development Plan".
E. The City's Municipal Code requires that a total of 68 parking stalls be provided to
service the Project. The Site is situated such that only 49 of the 68 required parking stalls are
available for the Project. The Project requires an additional 19 parking stalls. To fulfill the
remaining parking; requirements for the Project, the VUP was conditioned on the Developer
entering a development agreement with the City Entities to require the Developer to pay a
parking fee in exchange for the City crediting 19 parking stalls in the Agency -owned parking lot
(which lots is located at the northwest corner of Avenida Bermudas and Avenida Montezuma, in
the City of La Quinta, County of Riverside, State of California) which parking lot is legally
described in Exhibit "B" attached hereto (the "Agency Parking Lots") towards fulfilling the
Project's parking obligation of providing 68 parking stalls. The Agency Parking Lot is located in
close proximity to the Site and is within close walking distance of the Site. The conditions of the
2156,'015610-0088
669968.04 a02 09!06 I
VUP further permit the Developer a one -for -one credit for any street parking spaces created on
Main Street, pursuant to the City Public Works Department's and Community Development
Director's approval of a street improvement plan conforming to City Municipal Code
requirements. In the event that on -street parking is created pursuant to an approved street
improvement plan, then the number of stalls credited from the Agency Parking Lots will be
reduced on a one -for -one basis (i.e., the 19 stalls credited will be reduced on a one -for -one basis
against street parking spaces created) and the fee will be reduced to account for the credited
street parking spaces. In the event that street parking spaces are provided then the parties shall
execute and record the Memorandum of Development Agreement Off -Site Parking Space and
Fee Reduction attached hereto as Exhibit H. The parties to this Agreement agree and
acknowledge that 'the Agency is entering this Agreement for the sole and exclusive purposes of
providing its consent, as provided in Section 2.4.1, to the crediting of 19 parking stalls on the
Agency Parking Lots towards the Project's parking and for no other purpose. Without limiting
the City's use of these fees, it is intended that the fees paid by the Developer shall be used to add
or provide additional parking in the future.
F. The Development Plan also requires, in addition to the fee described above, and
as consideration for the City crediting 19 parking stalls in the Agency Parking Lots towards the
Project's parking obligation, that the City and Developer enter an agreement providing that the
parking stalls located on the Site shall be available for use by the general public during hours
when the on -Site businesses are closed.
G. Consistent with Section 9.250.030 of the La Quinta Municipal Code, the parties
desire to enter into a binding agreement for purposes of (1) setting forth a per -parking stall up-
front payment for the Developer's payment to the City of certain fees that the parties agree are
designed to compensate the City for (A) the crediting of 19 parking stalls located in the Agency
Parking Lot towards fulfilling the Project's parking obligation; and (B) the potential added wear
and tear on the municipal infrastructure which will result from the Development Plan and the
crediting of the parking stalls in the Agency Parking Lots; (ii) requiring the Developer and its
successors -in -interest to provide public parking on the Site; and (iii) granting Developer a vested
right to develop the Site according to the Development Plan.
F. Among other purposes, this Agreement is intended to be, and shall be construed
as, a development: agreement within the meaning of the Development Agreement Act. This
Agreement will eliminate uncertainty in planning for and secure the orderly development of the
Project, ensure a desirable and functional community environment, provide effective and
efficient development of public facilities, infrastructure, and services appropriate for the
development of the Project, and assure attainment of the maximum effective utilization of
resources within the City, by achieving the goals and purposes of the Development Agreement
Act. In exchange for these benefits to City, Developer desires to receive the assurance that it
may proceed with development of the Project in accordance with the terms and conditions of this
Agreement and the Development Plan, all as more particularly set forth herein.
G. The City Council has determined that the Project and this Agreement are
consistent with the City's General Plan, including the goals and objectives thereof.
H. All actions taken by City and Agency have been duly taken in accordance with all
applicable legal requirements, including the California Environmental Quality Act (Public
?156,015610-0088
669968.04 a02/09/06
Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public
hearings, findings, votes and other procedural matters.
I. On February 7, 2006, the City Council adopted its Ordinance No. 426 approving
this Agreement. On the Agency adopted Resolution No.
approving this Agreement for the sole and exclusive purpose of consenting to the crediting of 19
parking stalls located on the Agency Parking Lots towards fulfilling the Project's parking
obligations.
AGREEMENT
NOW, THEREFORE, in consideration of 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:
1.0 GENERAL.
1.1 Term.
The term of this Agreement (the "Term") shall commence on the Effective Date hereof
and shall continue for ten (10) years thereafter, unless said term is otherwise terminated,
modified, or extended by circumstances set forth in this Agreement or by mutual consent of the
parties hereto after the satisfaction of all applicable public hearing and related procedural
requirements.
1.2 Effective Date.
This Agreement shall be effective, and the obligations of the parties hereunder shall be
effective, as of _ which is the date that Ordinance No. takes
effect ("Effective Date").
1.3
Amendment or Cancellation.
Except as expressly stated to the contrary herein, this Agreement may be amended or
canceled in whole or in part only by mutual consent of the parties and in the manner provided for
in Government Code Section 65867-65868 and the City's Development Agreement Ordinance.
1.4 Termination.
Unless terminated earlier, pursuant to the terms hereof, this Agreement shall
automatically terminate and be of no further effect upon the expiration of the Term of this
Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right
or duty arising from entitlements or approvals set forth under the Development Plan, as defined
in Section 2.1, below.
1.5 Incorporation of Recitals.
The recitals are hereby incorporated into this Agreement.
f
?150,015610-0088 i
669968.04 a02;09100
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF
THE PROJECT.
2.1 Right to Develop.
Subject to the terms, conditions, and covenants of this Agreement, Developer's right to
develop the Project in accordance with the Development Plan (and subject to the conditions of
approval thereof (the "Conditions of Approval") which, among other conditions of approval
associated with future approvals and permits issued by the City, include but are not limited to the
conditions of approval set forth in Exhibit "C" attached hereto) shall be deemed vested upon
execution of this Agreement, which vesting shall expire upon the earlier of the following
occurrences: (a) termination of this Agreement; or (b) an uncured material default by Developer
of this Agreement. Except for the expiration set forth in clause (a) of the preceding sentence, the
expiration of the vesting right set forth in the preceding sentence shall not terminate the
obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to
the contrary, the Project shall remain subject to the following, to the same extent it would
without this Agreement:
(1) all ordinances, regulations, rules, laws, plans, policies, and guidelines of
the City and its City Council, Planning Commission, and all other City boards, commissions, and
committees existing on the Effective Date of this Agreement (collectively, the "Existing
Development Regulations");
(ii) all amendments or modifications to Existing Development Regulations
after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans,
policies, and guidelines of the City and its City Council, Planning Commission, and all other
City boards, commissions, and committees enacted or adopted after the Effective Date of this
Agreement (collectively, "New Laws"), except such New Laws which would prevent or
materially impair Developer's ability to develop the Project in accordance with the Development
Plan, unless such New Laws are (A) adopted by the City on a City wide -basis and applied to the
Site in a non-discriminatory manner, (B) required by a non -City entity to be adopted by or
applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or
regulation would cause the City to sustain a loss of funds or loss of access to funding or other
resources), or (C) New Laws the City reserves the right to apply under this Agreement,
including, but not limited to, Sections 2.2 and 3.3.4;
(iii) all subsequent development approvals and the conditions of approval
associated therewith, including but not limited to any further site development permits, tract or
parcel maps, and building permits;
(iv) the payment of all fees or exactions in the categories and in the amounts as
required at the time such fees are due and payable, which may be at the time of issuance of
building permits, or otherwise as specified by applicable law, as existing at the time such fees are
due and payable; and
(v) the reservation or dedication of land for public purposes or payment of
fees in lieu thereof as required at the time such reservations or dedications or payments in lieu
are required under applicable law to be made or paid.
1156i015610-0088
009968.04 a0'_,W06 4
2.2 Additional Applicable Codes and Regulations.
Notwithstanding any other provision of this Agreement, the City also reserves the right to
apply the following to the development of the Project:
2.2.1 Building, electrical, mechanical, fire and similar building codes based
upon uniform codes adopted in, or incorporated by reference into, the La Quinta
Municipal Code, as existing on the Effective Date of this Agreement or as may be
enacted or amended thereafter, applied to the Project in a nondiscriminatory manner.
2.2.2 In the event of fire or other casualty requiring construction of more than
fifty (50%) percent of any building previously constructed hereunder, nothing herein
shall prevent the City from applying to such reconstruction, all requirements of the City's
Building, Electrical, Mechanical, and similar building codes based upon uniform codes
adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the
extent applicable to all development projects in the City.
2.2.3 This Agreement shall not prevent the City from establishing any new
City fees on a City-wide basis and applied to Site in a non-discriminatory manner,
including new development impact fees, or increasing any existing City fees, including
existing development impact fees, and to apply such new or increased fees to the Project
or applicable portion thereof where such new or increased fees may be charged.
2.3 Permitted Density, Height and Use Limitations.
The permitted uses, density and intensity of use, location of uses, maximum height and
size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall
be those set forth in the Development Plan and this Agreement, whichever is the strictest.
2.4 Credit of Parking Stalls in the Agency Parking Lots.
In exchange for the full performance of the Developer's Obligations described in
Section 3, the City shall credit the Developer with 19 parking stalls in the Agency Parking Lots,
which stalls shall be counted towards fulfilling the Project's parking obligations, subject to the
reduction described below in Section 2.4.2 for street parking spaces created pursuant to an
approved street improvement plan. This Agreement does not operate to create a conveyance,
hypothecation, lease, license, sale or any form of transfer of an interest in the parking spots on
public streets or the Agency Parking Lots or any exclusive right to use parking stalls in the
Agency Parking Lots. Developer shall have the same right to use parking spaces on the public
street and in the Agency Parking Lots as members of the general public; provided, however, that
Developer shall enforce a policy that encourages Project employees to park their automobiles at
the Agency Parking Lots.
2.4.1 Agency Consent. Subject to the obligations of Developer as provided in
this Agreement, Agency hereby consents to crediting 19 parking stalls in the Agency
Parking Lots towards fulfilling the Project's parking obligations.
2.4.2 Reduction of Credited Parking Spaces. It is contemplated that the
Developer's Site design may include the provision of street parking spaces on Main
2156/015010-0088
609908.04 a02J09/06 -5-
3.0
Street, pursuant to an approved street improvement plan. In the event that street parking
spaces are designed pursuant to a street improvement plan approved by the City Public
Works Department and Community Development Director then Developer shall receive a
one -for -one credit for any street parking spaces created. The number of stalls credited
from the Agency Parking Lots will be reduced on a one -for -one basis (i.e., the 19 stalls
credited will be reduced on a one -for -one basis against street parking spaces created) and
the fee will be reduced to account for the credited street parking spaces. In the event that
on -street parking spaces are provided on Main Street, pursuant to this Section 2.4.2 then
the parties shall execute and record the Memorandum of Development Agreement Off -
Site Parking Space and Fee Reduction attached hereto as Exhibit H. Any parking spaces
created on Main Street pursuant to the VUP and an approved street improvement plan
shall be unrestricted and available for use by the general public.
DEVELOPER'S OBLIGATIONS.
3.1 Conditions of Approval.
The Developer shall comply with the Conditions of Approval attached hereto as Exhibit
"B" as well as all other conditions of approval that have been or may be imposed. Developer
acknowledges that additional conditions of approval beyond those set forth in Exhibit "C" may
be applicable to the Project if and as associated with future Project approvals.
3.2 Acknowledgement of Satisfied Conditions.
Prior to, and as a condition precedent of, the City's issuance of any building permit for
the Project, and iimrnediately following payment of the fees detailed in Section 3.3.2, the
Developer shall submit to the City, obtain approval thereof, and record a memorandum
acknowledging the satisfaction of conditions (the "Memorandum") against the Site which, in
addition to the obligations set forth in the Conditions of Approval, shall (1) acknowledge that
such fees have been paid and that the parking obligation for the Project is fulfilled by the credit
19 parking stalls in the Agency Parking Lots or credit thereof with off -site parking; (ii)
acknowledge that any parking spaces created on Main Street pursuant to an approved street
improvement plan shall be unrestricted and available for use by the general public; and (iii)
provide for the general public's use of Site parking stalls during times when the on -Site
businesses are closed. The Memorandum shall be in a form and substance substantially similar
to that of the Memorandum attached hereto as Exhibit "D".
3.3 No Parking on Public Library or Senior Center Areas.
Developer agrees that it will not permit any of its employees, agents, representatives,
invitees, licensees, lessees, or employees or patrons of its lessees to park in the parking areas of
the La Quinta Public Library or the La Quinta Senior Center as depicted on Exhibit "G" attached
hereto. Developer shall take all necessary actions to ensure compliance with this condition.
Developer's breach of this Section 3.3 shall be a default under this Agreement.
21S6/015610-0088 "
069968.04 a03i09!06 —�—
3.4 Pay�jents to City by Developer.
3.4.1 General.
During the Term of this Agreement, Developer shall make the payments to City
described in this Section 3.4. The payments under this Section 3.4 are not the exclusive
development impact fees for the Project, and nothing in this Section 3.4 shall be construed as a
limitation on the right of the City to impose, levy, or assess the Site other development fees as
permitted by applicable law and this Agreement.
3.4.2 Developer's Payments of Up -Front Parking Fees.
Prior to, and as a condition precedent of, the issuance of any building permit for the Site,
Developer shall pay or cause to be paid to the City the sum of $12,000.00 per parking space for
each of the 19 parking stalls in the Agency Parking Lots being credited towards fulfilling the
Project's parking obligations. The total amount of fees due under this provision prior to the
issuance of any building permit for the Site shall be $228,000. This fee shall be paid in one lump
sum without deduction or offset. However, if on -street parking spaces are provided in
accordance with Section 2.4.2 above, then the fee paid pursuant to this section shall be reduced
for each street parking space provided on Main Street.
3.4.3 City Parking Fee Study; Effect on Payment of Up -Front Parking Fees.
Independent of Developer's obligations under this Section 3.3.2, the City may choose to
prepare a parking study to determine the per -parking stall parking fee to be applied to
development in the La Quinta Village area. If the City approves a parking fee within one year of
the Reference Date and the fee calculated pursuant to this parking study and approved by the
City Council is less than $12,000 per parking stall, then the City shall, within a reasonable time
after the adoption of the fee by the City Council, reimburse to Developer that portion of the per
space fee that exceeds $12,000. If the fee calculated pursuant to the parking study and approved
by the City Council is greater than $12,000 per parking stall, the Developer shall have no
obligation under this Development Agreement to pay the increased amount. If the City chooses
not to adopt a per -parking stall parking fee for the La Quinta Village area, the Developer shall
have no right to seek a refund of the payment described in this Section 3.3.2. The City's
obligation under this section to reimburse the Developer shall terminate within one year of the
Reference Date.
3.4.4 Other Fees and Charges.
Nothing set forth in this Agreement is intended or shall be construed to limit or restrict
the City's authority to impose its existing, or any new or increased, fees, charges, levies, or
assessments for the development of the Site, or to impose or increase, subject to the required
procedure, any taxes applicable to the Site; provided nothing set forth herein is intended or shall
be construed to limit or restrict whatever right Developer might otherwise have to challenge any
fee, charge, levy, assessment, or tax imposed. Developer shall timely pay all applicable fees,
charges, levies, assessments, and special and general taxes validly imposed in accordance with
the Constitution and laws of the State of California, including without limitation school impact
fees in accordance with Government Code §§ 65995, et seq.
21501/015010-0088
009908.04 a02/09, 00
3.5 Dedications and Improvements.
Developer shall offer such dedications to the City or other applicable public agency, or
complete those public improvements in connection with the Project, as specified in the
Development Plan and Conditions of Approval.
3.6 Public Use of Site's Parking Stalls.
Once constructed, the parking stalls located on the Site shall be available to the general
public for use at all times that on -Site businesses are closed. Developer shall not erect or
maintain entry gates, regulated access barriers or any other driveway barrier. Developer shall not
erect or place any signage on the Site prohibiting public parking during times that on -Site
businesses are closed. The parking lot on the Site shall be lighted in conformity with the La
Quinta Municipal Code between dusk and 1 1:00 p.m. every day of the week. Additionally, if
Developer creates any parking spaces on Main Street pursuant to the VUP and an approved street
improvement plan then such spaces shall not be restricted by Developer in any way and shall be
available for use b:y the general public.
3.7 Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and
Agency and their respective officers, officials, members, agents, employees, and representatives
(collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and
claims for property damage which may arise from the acts, errors, and/or omissions of the
Developer or its contractors, subcontractors, agents, employees or other persons acting on its
behalf in relation to the Project and/or this Agreement, except to the extent that the liability or
claims arise from the City's or the Agency's gross negligence or willful misconduct. The
foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or
alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this
paragraph, regardless of whether or not the City prepared, supplied, or approved plans or
specifications, or both, and regardless of whether or not any insurance policies are applicable.
(b) Developer agrees to and shall indemnify, hold harmless, and defend, the
Indemnified Parties from any challenge to the validity of this Agreement, the Memorandum , or
to the City Entities' implementation of their rights under this Agreement; the Developer shall
indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said
action or proceeding with counsel chosen by the City.
(c) In the event the Indemnified Parties are made a party to any action, lawsuit, or
other adversarial proceeding in any way involving claims specified in paragraphs (a) or (b)
above, Developer shall provide a defense to the Indemnified Parties, or at the Indemnified
Parties' option, reimburse the Indemnified Parties their costs of defense, including attorneys
fees, incurred in defense of such claim. The Indemnified Parties shall have the right to select
legal counsel of their choice. In addition, Developer shall be obligated to promptly pay any final
judgment or portion thereof rendered against the Indemnified Parties. The City Entities shall, at
no cost to the City Entities, cooperate with the Developer in any such defense as Developer may
reasonably request.
2156,015610-0088
009968.04 a02%09/06
4.0 CITY'S OBLIGATIONS & ACKNOWLEDGEMENTS.
4.1 Scope of Subsequent Review/Confirmation of Compliance Process.
Nothing set. forth herein shall impair or interfere with the right of the City to require the
processing of building permits as required by law, pursuant to the applicable provisions of the La
Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and
Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes.
Prior to each request for a building permit, Developer shall provide City with a
Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as
Exhibit "E", which shall describe how all applicable Conditions of Approval have been fully
complied with. The Certificate shall be distributed to the relevant City departments in order to
check the representations made by Developer on the Certificate.
4.2 Project Approvals Independent.
All approvals required for the Project which may be or have been granted, and all land
use entitlements or approvals generally which have been issued or will be issued, by the City
with respect to the Project, constitute independent actions and approvals by the City. If any
provision of this Agreement or the application of any provision of this Agreement to a particular
situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this
Agreement terminates for any reason, then such invalidity, unenforceability or termination of this
Agreement or any part hereof shall not affect the validity or effectiveness of any such Project
approvals or other land use approvals and entitlements. In such cases, such approvals and
entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of
Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this
Agreement terminates or is held invalid or unenforceable as described above, such approvals and
entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the
term of such approvals and entitlements.
4.3 Review for Compliance.
The City shall review Developer's compliance with the terms of this Agreement at least
once during every twelve (12) month period following the Effective Date of this Agreement, in
accordance with the City's procedures and standards for such review set forth in the City's
Development Agreement Ordinance. During such periodic review by the City, the Developer,
upon written request from City, shall be required to demonstrate, and hereby agrees to furnish,
evidence of good faith compliance with the terms hereof. The failure of the City to conduct or
complete the annual review as provided herein or in accordance with the Development
Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the
annual review provided for herein, Developer has been found in compliance with this
Agreement, the City, through the City's Community Development Director, shall, at Developer's
written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement
remains in full force and effect and (2) Developer is in compliance with this Agreement. The
Certificate of Compliance shall be in recordable form, and shall contain information necessary to
communicate constructive record notice of the finding of compliance. Developer, at its option
and sole cost, may record the Certificate of Compliance.
2156/015610-0088
4.4 Satisfaction of VUP Condition.
The City hereby acknowledges and agrees that full compliance with this Agreement,
among other things, will constitute Developer's satisfaction and compliance with those portions
of Condition 55 of the Conditions of Approval for the VUP approved by the City which relate to
Developer's obligation to enter into a development agreement for the payment of parking fees
and fulfillment of parking obligations.
5.0
DEFAULT; REMEDIES; DISPUTE RESOLUTION.
5.1 Notice of Default.
In the event of failure by either party hereto substantially to perform any material term or
provision of this Agreement, the non -defaulting party shall have those rights and remedies
provided herein, provided that such non -defaulting party has first provided to the defaulting party
a written notice of default in the manner required by Section S.1 hereof identifying with
specificity the nature of the alleged default and the manner in which said default may
satisfactorily be cured. Without limiting the scope of what is considered "material," the parties
agree that Developer's failure to perform any of the obligations contained in Section 3.0 shall be
a material default.
5.2 Cure of Default.
Upon the receipt of the notice of default, the alleged 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 five (5) days [or thirty (30) days for non -monetary defaults] after receipt of the
notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied
within five (5) days [or thirty (30) days for non -monetary defaults], such party shall commence
to cure, correct, or remedy such default within such five (5) day period [or thirty (30) day period
for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction
or remedy to completion.
5.3 City Remedies.
In the event of an uncured default by Developer of the terms of this Agreement, the City,
at its option, may institute legal action in law or in equity to cure, correct, or remedy such
default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In
no event shall the City be entitled to consequential, exemplary or punitive damages for any
Developer default. For purposes of this Agreement the term "consequential damages" shall
include, but not be limited to, potential loss of anticipated tax revenues from the Project or any
portion thereof. Furthermore, the City, in addition to, or as an alternative to, exercising the
remedies set forth in this Section 5.3, in the event of a material default by Developer, may give
notice of its intent to terminate or modify this Agreement pursuant to the City's Development
Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall
be scheduled for consideration and review by the City Council in the manner set forth in the
City's Development Agreement Ordinance or the Development Agreement Act.
2156/015610-0088
669968.04 a02/09/06 —1 0—
5.4 Developer's Exclusive Remedies.
The parties acknowledge that the City Entities would not have entered into this
Agreement if they were to be liable in damages under, or with respect to, this Agreement or any
of the matters referred to herein including, but not limited to, the Development Plan, Conditions
of Approvals, the Existing Development Regulations or any future amendments or enactments
thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on
behalf of itself and its successors and assigns, not to sue the City Entities for damages or
monetary relief (except for attorneys' fees as provided for by Section 8.22) for any breach of this
Agreement by the City Entities or arising out of or connected with any dispute, controversy, or
issue between Developer and the City Entities regarding this Agreement or any of the matters
referred to herein including but not limited to the application, interpretation, or effect of this
Agreement, the Development Plan, the Conditions of Approval, the Existing Development
Regulations or any future amendments or enactments thereto, or any land use permits or
approvals sought in connection with the development of the Project or any component thereof, or
use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief,
mandate, and specific performance shall be Developer's sole and exclusive judicial remedies.
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.
6.1 Encumbrances on the Project Site.
This Agreement shall not prevent or limit the Developer from encumbering the Site or
any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and
leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof
or interest therein, is pledged as security, and contracted for in good faith and fair value
(a "Mortgage") securing financing with respect to the construction, development, use or
operation of the Project.
6.2 Mortgage Protection.
This Agreement shall be superior and senior to the lien of any Mortgage.
Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid,
diminish, or impair the lien of any Mortgage made in good faith and for value, and any
acquisition or acceptance of title or any right or interest in or with respect to the Site or any
portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or
assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in
lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and
conditions of this Agreement.
6.3 Mortgagee Not Obligated.
No Mortgagee will have any obligation or duty under this Agreement to perform the
obligations of the Developer or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that to the extent that any covenant to be performed by the
Developer is a condition to the performance of a covenant by the City, the performance thereof
shall continue to be a condition precedent to the City's performance hereunder.
2 156/015 610-0088
009968.04 a02!09/06
6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure.
City shall, upon written request to the City, deliver to each Mortgagee a copy of any
notice of default given to Developer under the terms of this Agreement, at the same time of
sending such notice of default to Developer. The Mortgagee shall have the right, but not the
obligation, within live (5) days [or thirty (30) days for non -monetary defaults] after the receipt of
such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot
reasonably be cured, corrected, or remedied within five (5) days [thirty (30) days for non -
monetary defaults], the Mortgagee shall commence to cure, correct, or remedy the default within
such five (5) day, period [or thirty (30) day period for non -monetary defaults], and shall
continuously and diligently prosecute such cure to completion. If the default is of a nature which
can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such
Mortgagee shall have the right to seek to obtain possession with diligence and continuity through
foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the
default within such time as is reasonably necessary to cure or remedy said default but in no event
more than thirty (30) days after obtaining possession. If any such default cannot, with diligence,
be remedied or cured within such thirty (30) day period, then such period shall be extended to
permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or
remedy during such thirty (30) day period, and thereafter diligently pursues and completes such
cure.
7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT.
7.1 Successors and Assigns.
Developer shall have the right to sell, transfer or assign the Site, or any portion thereof
(provided that no such transfer shall violate the Subdivision Map Act, Government Code
§66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during
the term of this Agreement; provided, however, that any such sale or transfer shall include, with
respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a
fully executed written agreement, in whole or in part, of the rights, duties and obligations of the
Developer under the terms of this Agreement. Upon such sale, transfer or assignment,
Developer shall, with respect to the Site or the portion thereof sold or transferred, be released
from any further obligations under the terms of this Agreement, provided:
(a) Developer no longer has any legal or equitable interest in the Site or the portion
thereof sold or transferred, as applicable;
(b) Developer is not, at the time of the transfer, in default under the terms of this
Agreement; and
(c) Developer has submitted an executed assignment and assumption agreement in a
form set forth in Exhibit F.
2 156015610-0088
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8.0 MISCELLANEOUS.
8.1 Novices.
All notices permitted or required hereunder must be in writing and shall be effected by (1)
personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii)
reputable same -day or overnight delivery service that provides a receipt showing date and time
of delivery, addressed to the following parties, or to such other address as any party may from
time to time, designate in writing in the manner as provided herein:
To City: City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Attn: Community Development Director
To Agency: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attn: Executive Director
With a copy to: Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
Attn: M. Katherine Jenson
To Developer: Mr. Stephen Nieto
Nispero Properties, Inc.
P.O. Box 1144
La Quinta, CA 92253
Telephone: 760.564.4707
Facsimile: 760.564.4955
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.
8.2 Force Maieure.
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default where delays or failures to perform are due to
war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts
public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes,
of the
governmental restrictions imposed or mandated by other governmental entities, governmental
restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools
necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another
party, acts or the failure to act of any public or governmental agency or entity (except that acts or
the failure to act of the City shall not excuse performance by the City) or any other causes
beyond the control or without the fault of the party claiming an extension of time to perform. An
extension of time for any such cause shall only be for the period of the enforced delay, which
2 156/015 610-0088
069968.04 a02/09,,06 -1 3-
period shall commence to run from the time of the commencement of the cause. The City and
the Developer may also extend times of performance under this Agreement in writing.
Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section
8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining
suitable construction or permanent financing for the development of the Site, or because of
economic or market conditions.
8.3 Binding Effect.
This Agreement, and all of the terms and conditions hereof, shall be binding upon and
inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the
Site, and their respective assigns, heirs or successors in interest, whether or not any reference to
this Agreement is contained in the instrument by which such person acquired an interest in the
Project or the Site.
8.4 Independent Entity.
The parties acknowledge that, in entering into and performing this Agreement, each of
the Developer, the City is acting as an independent entity and not as an agent of the other in any
respect.
8.5 Agreement Not to Benefit Third Parties
This Agreement is made for the sole benefit of the parties, and no other person shall be
deemed to have any privity of contract under this Agreement nor any right to rely on this
Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on
this Agreement, nor be deemed to be a third party beneficiary under this Agreement.
Notwithstanding the immediately preceding sentence, the Agency shall be an intended third
party beneficiary to this Agreement.
8.6 Covenants.
The provisions of this Agreement shall constitute mutual covenants which shall run with
the land comprising the Site for the benefit thereof, and the burdens and benefits hereof shall
bind and inure to the benefit of each of the parties hereto and all successors in interest to the
parties hereto for the term of this Agreement.
8.7 Nonliability of City/Agency Officers and Employees.
No official, officer, employee, agent or representative of the City or Agency, acting in
his/her official capacity, shall be personally liable to Developer, or any successor or assign, for
any loss, costs, damage, claim, liability, or judgment, arising out of or connection to this
Agreement, or for any act or omission on the part of the City or Agency.
8.8 Covenant Against Discrimination.
Developer and City covenant and agree, for themselves and their respective successors
and assigns, that there shall be no discrimination against, or segregation of, any person or group
- 14-
609968.04 a0'_/09i06
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 Agreement.
Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101, et seq.).
8.9 Amendment of Agreement.
This Agreement may be amended from time to time by mutual consent of the original
parties or such party to which the Developer assigns all or any portion of its interest in this
Agreement, in accordance with the provisions of the City's Development Agreement Ordinance
and Government Code Sections 65867 and 65868.
8.10 No Waiver.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a waiver is
sought and referring expressly to this Section. No delay or omission by either party in exercising
any right or power accruing upon non-compliance or failure to perform by the other party under
any of the provisions of this Agreement shall impair any such right or power or be construed to
be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the
covenants or conditions to be performed by the other party shall be construed or deemed a
waiver of any succeeding breach or nonperformance of the same or other covenants and
conditions hereof.
8.11 Severability.
If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this
Agreement shall continue in full force and effect, to the extent that the invalidity or
unenforceability does not impair the application of this Agreement as intended by the parties.
8.12 Cooperation in Carrying Out Agreement.
Each party shall take such actions and execute and deliver to the other all such further
instruments and documents as may be reasonably necessary to carry out this Agreement in order
to provide and secure to the other party the full and complete enjoyment of its rights and
privileges hereunder.
8.13 Estoppel Certificate.
Any party hereunder may, at any time, deliver written notice to any other party requesting
such party to certify in writing that, to the best knowledge of the certifying party, ( i ) this
Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement
has not been amended or modified either orally or in writing, or if so amended, identifying the
amendments, (iii) the requesting party is not in default in the performance of its obligations
under this Agreement, or if in default, describing the nature and amount of any such defaults, and
(iv) any other reasonable information requested. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following receipt of such written
request. The City Manager, Assistant City Manager, and Community Development Director are
21�6 015010-0088
069968.04 a0J09/06 -15-
each authorized to sign and deliver an estoppel certificate on behalf of the City. The City
acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.
8.14 Construction.
The terms of this 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 Agreement or any other rule of construction that might otherwise apply. As used in this
Agreement, and as the context may require, the singular includes the plural and vice versa, and
the masculine gender includes the feminine and vice versa.
8.15 Recordation.
This Agreement shall be recorded with the County Recorder of Riverside County at
Developer's cost, if any, within the period required by Government Code Section 65868.5.
Amendments approved by the parties, and any cancellation or termination of this Agreement,
shall be similarly recorded.
8.16 Can�tions and References.
The captions of the paragraphs and subparagraphs of this Agreement are solely for
convenience of reference, and shall be disregarded in the construction and interpretation of this
Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and
exhibits of this Agreement.
8.17 Time.
Time is of the essence in the perfon-nance of this Agreement and of each and every term
and condition hereof as to which time is an element.
8.18 Recitals & Exhibits Incorporated; Entire Agreement.
The Recitals to this Agreement and all of the exhibits and attachments to this Agreement
are, by this reference, incorporated into this Agreement and made a part hereof. This
Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the
parties with respect to the subject matter of this Agreement, and this Agreement supersedes all
previous negotiations, discussions and agreements between the parties, and no parole evidence of
any prior or other agreement shall be permitted to contradict or vary the terms hereof.
8.19 Exhibits.
Exhibits "A" — "H" to which reference is made in this Agreement are deemed
appropriated herein in their entirety. Said exhibits are identified as follows:
A Legal Description of Site
B Legal Description of Agency Parking Lots
C Conditions of Approval
D Memorandum
E Compliance Certificate
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609968.04 a02i09/06 —1 6—
F General Assignment and Assumption Agreement
G Depiction of Library and Senior Center Parking Lots
H Memorandum of Development Agreement Off -Site Parking Space and Fee
Reduction
8.20 Counterpart Signature Pages.
For convenience the parties may execute and acknowledge this agreement in counterparts
and when the separate signature pages are attached hereto, shall constitute one and the same
complete Agreement.
8.21 Authority to Execute.
Developer warrants and represents that (1) it is duly organized and existing, (ii) it is duly
authorized to execute and deliver this Agreement, (iii) by so executing this Agreement,
Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into
and performance of its obligations set forth in this Agreement 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 Agreement.
8.22 Governing Law; Litigation Matters.
The internal laws of the State of California shall govern the interpretation and
enforcement of this Agreement without regard to conflicts of law principles. Any action at law
or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting
the validity of this Agreement 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, and the parties hereto waive all provisions of law providing for the filing, removal, or
change of venue to any other court. Service of process on City Entities 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 of California.
In the event of any action between the parties hereto seeking enforcement of any of the terms of
this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation
shall be awarded, in addition to such relief to which such party is entitled, its reasonable
attorney's fees, expert witness fees, and litigation costs and expenses.
8.23 No Brokers.
Each of the City and the Developer represents to the other party that it has not engaged
the services of any finder or broker and that it is not liable for any real estate commissions,
broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold
harmless the other party from such commissions or fees as are alleged to be due from the party
making such representations.
'150,015010-0088
609908.04 a02,09, 00 -1 7 04e
IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as
of the Reference Date.
ATTEST:
June Greek
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
"DEVELOPER"
NISPERO PROPERTIES, INC., a California
corporation
By:
Its:
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
ME
Thomas P. Genovese
City Manager
[Signatures continue on next page.]
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY,
2156/015610-0088
669968.04 a02/09/06
a public body, corporate and politic
M
Thomas P. Genovese
Executive Director
ATTEST:
June Greek
Agency Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
Agency Counsel
2 150015610-0088
609968.04 a02i09106 -1 9-
STATE OF CALIFORNIA
ss
COUNTY OF
On , before me,
personally appeared
personally known to me (or 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 persons)
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
2156/015610-0088
669968.04 a02/09/06 20
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER
MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
r�
21156'015610-0088 s
669968.04 a02/02%06
EXHIBIT "B"
LEGAL DESCRIPTION OF AGENCY PARKING LOTS
That certain real property located in the City of La Quinta, County of Riverside, State of
California, more particularly described as follows:
LOTS 7, 8, 91 101 11, 12, 13, 14 AND 15 IN BLOCK 122 OF SANTA
CARMELITA AT VALE LA QUINTA UNIT NUMBER 14, AS SHOWN BY
MAP ON FILE IN BOOK 18 PAGES 82 AND 83 OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
'156,015610-0088
009968.04 a02 01)'06
EXHIBIT "C"
CONDITIONS OF APPROVAL FOR VILLAGE USE PERMIT 2005-032
ADOPTED FEBRUARY 7, 2006 BY CITY COUNCIL RESOLUTION 2006-013
GENERAL CONDITIONS OF APPROVAL
Village Use Permit 2005-032 (VUP 2005-032) shall be developed in
compliance with these conditions and all approved site plan, elevation, color,
materials and other approved exhibits submitted for this application, and any
subsequent amendment(s). In the event of any conflicts, these conditions
shall take precedence. In the event the Development Agreement referenced in
Condition #55 is not entered into, this Village Use Permit approval is null and
void.
2. This approval shall expire two years after its effective date, as determined
pursuant to Section 9.200.060.0 of the Zoning Code, unless extended
pursuant to the provisions of Section 9.200.080.
3. The applicant agrees to defend, indemnify, and hold harmless the City of La
Quinta (the "City"), its agents, officers and employees from any claim, action
or proceeding to attack, set aside, void, or annul the approval of this
development application or any application thereunder. The City shall have
sole discretion in selecting its defense counsel.
The City shall promptly notify the developer of any claim, action or proceeding
and shall cooperate fully in the defense.
4. Prior to the issuance of any permit by the City, the applicant shall obtain the
necessary permits and/or clearances from the following agencies:
• Riverside County Fire Marshal
• La Quinta Building and Safety Department
• La Quinta Public Works Department (Grading/
Improvement/Encroachment Permits)
• La Quinta Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Southern California Gas Company
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
2156 015 610-0088
669968.04 a02,0 06
Waste Management of the Desert
The applicant is responsible for any requirements of the permits or clearances from
those jurisdictions. If the requirements include approval of improvement plans,
applicant shall furnish proof of said approvals prior to obtaining City approval of the
plans.
5. The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater
Management and Discharge Controls) and 13.24.170 (Clean Air/Clean
Water), LQMC; Riverside County Ordinance No. 457; and the State Water
Resources Control Board's Order No. 99-08-DWQ.
6. Handicap access and facilities shall be provided in accordance with Federal
(ADA), State and local requirements. Handicap accessible parking shall
generally conform to the approved exhibits for VUP 2005-032.
7. All parking area civil plans and improvements shall be developed in
accordance with the standards set forth in applicable portions of Section
9.150.080 of the Zoning Code, and these conditions, which shall take
precedence in the event of any conflicts with said Section. Any on -street
parking/street improvement plans for Main Street, if submitted, shall be
reviewed and approved by the Public Works Department, as to acceptable
design standards. Any deviation from standards as applicable under Section
9.150.080 of the Zoning Code, may be approved by the Community
Development and Public Works Departments, as part of the improvement plan
review process.
PROPERTY RIGHTS
8. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements.
9. The applicant shall offer for dedication all public street right-of-ways in
conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
10. The public street right-of-way offers for dedication required for this
development include:
2156,015610-0088
—2—
669968.04 a02 09,06 �'
A. PUBLIC STREETS
1) Avenida La Fonda (Local Street, 60' ROW) — The standard 35
feet from the centerline of Avenida La Fonda for a total 60-foot
ultimate developed right of way.
11. The applicant shall offer for dedication those easements necessary for the
placement of, and access to, utility lines and structures, drainage basins,
mailbox clusters, and common areas shown on the Village Use Permit.
12. Direct vehicular access from any portion of the site with frontage along
Avenida La Fonda and Main Street is restricted, except for those access
points identified on the approved site plan, or as otherwise conditioned in
these conditions of approval.
13. The applicant shall furnish proof of easements or written permission, as
appropriate, from owners of any abutting properties on which grading,
retaining wall construction, permanent slopes, or other encroachments are to
occur.
14. The applicant shall cause no easements to be granted, or recorded, over any
portion of the subject property, between the date of approval of this Village
Use Permit and the date of final acceptance of the on -site and off -site
improvements for this Village Use Permit, unless such easements are
approved by the City Engineer.
15. Upon approval of this Village Use Permit, the applicant shall begin right-of-
way vacation of the existing remnant public right-of-way at the corner of
Avenida La Fonda and Main Street (Avenida Buena Ventura).
16. Applicant shall process a parcel merger, in order to incorporate Lots 68 and
77 into one parcel. The merger shall have been recorded prior to issuance of a
permit for the main building.
IMPROVEMENT PLANS
As used throughout these conditions of approval, professional titles such as
"engineer", "surveyor", and "architect" refer to persons currently certified or
licensed to practice their respective professions in the State of California.
2156,015610-0088
009968.O4 a02/09/06 ;�
17. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of Section 13.24.040 (Improvement Plans), LQMC.
18. The following improvement plans shall be prepared and submitted for review
and approval by the City. A separate set of plans for each line item specified
below shall be prepared. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the City Engineer in writing. Plans may be
prepared at a larger scale if additional detail or plan clarity is desired.
Note: the applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and utility
purveyors.
A. On -Site Rough Grading Plans
1 "
= 30'
Horizontal
B. PM 10 Plan
1 "
= 40'
Horizontal
C. SWPPP
1 "
= 40'
Horizontal
NOTE: A through C to be submitted concurrently.
D.On-Site Precise Grading Plans (Commercial Development)
I"
= 30'
Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
On -Site Precise Grading Plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs
& gutters, sidewalks, building floor elevations, parking lot improvements and
ADA requirements for the parking lot and access to the building; and showing
the existing street improvements out to at least the center lines of adjacent
existing streets, including ADA accessibility route to surrounding buildings,
parking facilities and public streets.
19. The City maintains standard plans, details and/or construction notes for
elements of construction on the Public Works Online Engineering Library at
the City website (www.la-quinta.org). Navigate to the Public Works
Department home page and look for the Online Engineering Library hyperlink.
20. The applicant shall furnish a complete set of the AutoCAD files of all
approved improvement plans on a storage media acceptable to the City
Engineer. The files shall be saved in a standard AutoCAD format so they may
be fully retrievable through a basic AutoCAD program.
069968.04 a02,09,06
At the completion of construction, and prior to the final acceptance of the
improvements by the City, the applicant shall update the AutoCAD files in
order to reflect the as -built conditions.
Where the improvement plans were not produced in a standard AutoCAD
format, or a file format that can be converted to an AutoCAD format, the City
Engineer will accept raster -image files of the plans
rrPAniNir
21. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a grading permit approved by the City Engineer.
22. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A precise grading plan prepared by a qualified engineer or architect,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter
6.16 (Fugitive Dust Control), LQMC.
All grading shall conform to the recommendations contained in the Preliminary
Soils Report, and shall be certified as being adequate by a soils engineer, or
by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
23. The applicant shall maintain all open graded, undeveloped land to prevent
wind and water erosion of soils. All such land shall be planted with interim
landscaping or provided with other erosion control measures as approved by
the Public Works Departments under the Fugitive Dust Control Plan.
24. Prior to issuance of the main building permit, the applicant shall provide a lot
pad certification, stamped and signed by qualified engineers or surveyor.
nPAINior,F
25. Nuisance water shall be retained onsite and disposed of in a manner
acceptable to the City Engineer.
?150;015610-0088
669968.04 a02,'09,'06 —� ,
IITll ITIFS
26. The applicant shall obtain the approval of the City Engineer for the location
of all utility lines within the right of way and all above -ground utility
structures including, but not limited to, traffic signal cabinets, electrical
vaults, water valves, and telephone stands, to ensure optimum placement for
practical and aesthetic purposes.
27. Underground utilities shall be installed prior to overlying hardscape. For
installation of utilities in existing, improved streets, the applicant shall
comply with trench restoration requirements maintained or required by the
City Engineer. The applicant shall provide certified reports of all utility trench
compaction for approval of the City Engineer.
28. Prior to issuance of any building permit, the applicant shall provide evidence
to the Public Works Department, of vacation of the existing 10-foot PUE
along the common lot line of lots 68 and 77, along with any relocated
easement(s) as may be required. Any in -ground utilities shall be relocated to
the satisfaction of the purveyor of record, and the City Engineer
STREET AND TRAFFIC IMPROVEMENTS
29. The applicant shall comply with the provisions of Sections 1 3.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access
For Individual Properties And Development), LQMC for public streets.
30. No additional street improvements are required, except for:
A. Avenida La Fonda
1) A five-foot wide sidewalk next to the curb along the property
boundary with corner improvements and curb ramp per
Standard 250 — Case A.
B. Main Street
1) A minimum five-foot wide sidewalk next to the curb along the
property boundary, to consist of enhanced design materials
(e.g. colored/stamped concrete, pavers, etc.) and to include
provision for landscaped areas. The sidewalk design shall
provide for minimum clearances of 4 feet for ADA accessibility.
It is acknowledged that the applicant may submit street
improvement plans for Main Street, to accommodate on -street
parking along the inside curve (west side), but is not required to
2156/015610-0088
669968.04 a02/09/06 —�
do so. Any such improvement plans shall be subject to review
and approval by the Community Development and Public Works
Departments, as specified in Condition 7. Generally, said plans
shall be based on a 4-foot curb inset to the west from existing
curb line along Main Street, for an 18-foot half -width pavement
section, as measured from centerline to gutter flow line, along
the project frontage.
PARKING LOTS AND ACCESS POINTS
31. The applicant shall conform to LQMC Chapter 9.150, relating to drive isle
width, parking stall dimensions, and parking stall marking design
requirements. Parking space markings shall be double four inch wide hairpin
stripes as specified in LQMC Chapter 9.150. Exceptions to parking lot
development standards shall be as shown on the plans and as set forth in
these Conditions, which shall take precedence.
32. The applicant shall design street pavement sections using Caltrans' design
procedure (20-year life) and site -specific data for soil strength and
anticipated traffic loading (including construction traffic). Minimum
structural sections shall be as follows (or approved equivalents for alternate
materials) :
Parking Areas 3.0" a.c./4.0" c.a.b.
33. The applicant shall submit current mix designs (less than two years old at
the time of construction) for base, asphalt concrete and Portland cement
concrete. The submittal shall include test results for all specimens used in
the mix design procedure. For mix designs over six months old, the submittal
shall include recent (less than six months old at the time of construction)
aggregate gradation test results confirming that design gradations can be
achieved in current production. The applicant shall not schedule construction
operations until mix designs are approved.
34. General access points and turning movements of traffic are limited to the
proposed access driveways on Main Street and Avenida La Fonda. All turn
movements are permitted.
35. The entry driveway throat and parking aisle shall be permitted to be
constructed as designed on the approved plans, at the depths as shown and
26 feet in width rather than the required 28 feet, as permitted under Section
9.65.030.A.3.a, in order to retain the parking space count of 49 on -site
spaces. Use of wheel stops is not permitted.
2156,015610-0088
669968.04 a02/09,06
a
36. A total space count of 49 parking stalls, including handicapped parking
spaces, shall be provided. A minimum of 16 spaces shall be maintained as
covered parking, to be designed and located as required under Section
9.150.080.B.5, LQMC.
37. Design and final location of the two trash enclosures shall be reviewed and
approved by Waste Management., with the written and/or stamped plan
approval to be submitted during the building plan check process. No permits
for these facilities shall be issued without said approval.
38. A minimum four -foot high screen wall shall be provided at the west property
line. The wall design shall be consistent with the materials and colors used
on the main structure, subject to review and approval by Community
Development This shall be shown on the civil and landscape plans as
submitted for plan check.
LANDSCAPING
39. On -site and off -site (streetscape) landscape, landscape lighting and irrigation
plans shall be submitted for approval by the Community Development
Department. Plans shall be in substantial conformance with the conceptual
landscaping as approved for the project by Planning Commission. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and
the Riverside County Agricultural Commissioner prior to submitting for final
acceptance by the Community Development Department.
40. The Silk trees located along the west property line shall be replaced with a
non -deciduous (evergreen) variety, to be approved as part of the landscape
plan check process.
41. The Phoenix Dactylifera species (Date Palms) to be used shall be purchased
from within the Coachella Valley, per the requirement of the Riverside
County Agricultural Commissioner.
QUALITY ASSURANCE
42. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
43. The applicant shall employ or retain qualified engineers, surveyors, or other
appropriate professionals as are required to provide the expertise with which
to prepare and sign accurate record drawings, and to provide adequate
construction supervision.
156, 015610-0088
669968.04 a02 09/06
44. The applicant shall arrange for, and bear the cost of, all measurement,
sampling and testing procedures not included in the City's inspection
program but required by the City as evidence that construction materials and
methods employed comply with plans, specifications and other applicable
regulations.
45. Upon completion of construction, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built"
or "As -Constructed" and shall be stamped and signed by the engineer or
surveyor certifying to the accuracy and completeness of the drawings. The
applicant shall have all AutoCAD or raster -image files previously submitted to
the City revised to reflect the as -built conditions.
FEES AND DEPOSITS
46. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
47. Provisions shall be made to comply with the terms and requirements of the
City's adopted Art in Public Places program in effect at the time of issuance
of building permits.
48. Permit(s) issued under this approval shall be subject to the provisions of the
Development Impact Fee program in effect at the time said permit(s) are
issued.
49. Prior to the issuance of any building permit for the Site, the applicant shall
pay the up -front parking fees, in the manner and amount as specified in the
Development Agreement for Village Use Permit 2005-032.
FIRE PROTECTION
50. Specific fire protection requirements will be determined when final building
plans are submitted for review. Final conditions will be addressed when
building plans are submitted. A plan check fee must be paid to the Fire
Department at the time building plans are submitted.
MISCELLANEOUS
2156i015610-0088
069908.04 a02/09/06 —�—
51. The applicant shall submit a detailed project area lighting plan. Parking lot
lighting is required, and shall meet the criteria set forth in Section
9.150.080,.K, LQMC. All pole -mounted light standards shall conform to
lighting standards as in effect when plans are reviewed. Under canopy
lighting for building areas shall incorporate flush lens caps or similar recessed
ceiling lighting.
The lighting plan shall be submitted for review at the time construction plan
check for the permanent building permit is made to Building and Safety.
52. A comprehensive sign program shall be submitted for review and approval by
the Planning Commission prior to establishment of any individual tenant signs
for the project. Provisions of the sign program shall be in compliance with
applicable sections of Chapter 9.160 of the Zoning Code. No signs shall be
permitted to be placed on any portion of the roof projections or balcony
railings along Main Street, and the west elevation.
53. All roof -mounted mechanical equipment must be internal to the roof design,
or screened as an integral part of the roof structure, in a manner so as not to
be visible from surrounding properties and streets. Working drawings showing
all such equipment and locations shall be submitted to the Building and Safety
Department along with the construction plan submittal for building permits.
The method and design must be approved by the Community Development
Department, prior to any issuance of the main structural building permit.
54. The building plans submitted for plan check shall incorporate the following
revisions:
A. The west elevation for the coffee shop portion of the building shall be
modified to lower the stone veneer work, and add arched windows,
and/or similar detailing, compatible with the main building.
B. Wrought iron railings used on the project shall reflect more of a hand-
crafted detailing, similar to the photo exhibit examples in the approved
plain set, as opposed to the standard appearance of railings as
represented in the architectural renderings and elevations.
C. The proposed sign monument shall be reviewed as part of the sign
program, as required by Condition 52. The monument shall be similar
in design to the photo exhibit example of the fountain, contained in
the approved plan exhibits.
55. It is understood by the Applicant that Nispero Properties, Inc, by payment of
a deposit in the amount of $5,000 on 12/21 /05, has entered into an
Agreement with the City relating to preparation and possible approval of a
Development Agreement for the purpose of clarifying the applicant's parking
2156i015010-0088 W
669968.04 a02/09/06 -1 0-
obligations associated with development of Village Use Permit 2005-032.
This Village Use Permit shall not be effective unless and until the
Development Agreement has been approved by the City Council and
recorded; the applicant further understands that the City Council may choose
to reject entering the Development Agreement or modify its contents. While
this approval will not be effective until such time as a Development
Agreement: may become effective, the time limits associated with approval of
VUP 2005-032 shall be in effect with respect to expiration, as stated under
Condition #2.
56. The permitted office and coffee bar uses shall be limited to those of a general
intensity, consistent with the parking ratios of 1 space per 250 s.f. of office
and 1 space per 150 s.f. of retail food with ancillary seating. This precludes
use of any office space as a medical office use, and retail food with ancillary
seating space for sit-down restaurant use, unless shared parking or tenant
space reductions are determined to maintain the approved parking ratios for
this building, or the Development Agreement is amended to allow payment of
per -space fees to increase any use intensity for the project.
57. Use of the coffee bar lease space may be relocated to an alternate ground
floor space, oriented toward the center of the main building proximate to the
pedestrian entrance from Main Street. Limited unreserved ancillary outdoor
seating for coffee bar patrons may be provided in the entry courtyard,
whether or not the coffee bar space is relocated.
2156,'015610-0088
EXHIBIT "D"
MEMORANDUM
2150,015610-0088
009968.04 a02i09106
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 ti 6103)
MEMORANDUM ACKNOWLEDGING SATISFACTION OF CONDITIONS
THIS MEMORANDUM ACKNOWLEDGING SATISFACTION OF CONDITIONS
("Memorandum") is made and entered into as of , ("Effective Date"), by
and between NISPERO PROPERTIES, INC., a California corporation ("Developer") and the
CITY OF LA QUINTA, a California municipal corporation and charter city (the "City"), the LA
QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"
and, collectively with the City, the "City Entities"), with reference to the following Recitals.
1. Purpose: Developer owns the 0.72 acre parcel of real property ("Site") located in
the City of La Quinta, County of Riverside, State of California, which Site is legally described in
Exhibit "A" attached hereto, and which is the subject of this Memorandum. In connection with
the Site, the City approved Village Use Permit No. 2005-032 (the "VUP"), subject to conditions
of approval, which provides planning and development criteria for a project commonly known as
Sun Vista Plaza (the "Project"). The parties have entered that certain Development Agreement
(the "Development Agreement which agreement is referenced here and was recorded as
Instrument No. in Official Records of Riverside County. Third parties are referred
to the Development Agreement for a full version of its contents. Capitalized terms have the
definition attributed to them in the Development Agreement. The purpose of this Memorandum
is to acknowledge that such parking fees required by the Development Agreement have been
paid and that the parking obligation for the Project is fulfilled by the credit of _ parking stalls in
the Agency Parking Lots and on -street parking spaces pursuant to the approved street
improvement plan for Main Street parking; and to provide for the general public's use of Site
parking stalls during times when the on -Site businesses are closed. The Development
Agreement further prohibits the Developer or any person using the Site from using the La Quinta
Library or La Quinta Senior Center parking areas as parking for the Project.
2. Acknowledgement of Pa)n-nent and Credit of Parking Stalls Located on the
Agency Parking Lot. In connection with the Project, the City has credited the Developer with _
parking stalls in the Agency Parking Lots, and these stalls are counted towards fulfilling the
Project's parking obligations to provide 68 parking stalls for the Project. In connection with this
credit, Developer has paid the City a parking fee in the amount of $12,000 for each parking stall
in the Agency Parking Lots credited towards the Project's parking obligation. This
Memorandum does not operate to create a conveyance, hypothecation, lease, license, sale or any
form of transfer of an interest in the parking spots on public streets or the Agency Parking Lots
or any exclusive right to use parking spots on public streets or parking stalls in the Agency
'I�O0 15010-0088 _ _ 1
669965.04 a0?i09i06 1 „t �J
Parking Lots. Developer shall have the same right to use parking spots on public streets and
parking spaces in the Agency Parking Lots as members of the general public; provided, however,
that Developer shall enforce a policy that encourages Project employees to park their
automobiles at the Agency Parking Lots.
3. Use of Site Parking Lot by General Public. The parking stalls located on the Site
shall be available to the general public for use at all times that on -Site businesses are closed.
Developer shall not erect or maintain entry gates, regulated access barriers or any other driveway
barrier. Developer shall not erect or place any signage on the Site prohibiting public parking
during times that on -Site businesses are closed. The parking lot on the Site shall be lighted in
conformity with the La Quinta Municipal Code between dusk and 11:00 p.m. every day of the
week. Additionally, if Developer creates any parking spaces on Main Street pursuant to the VUP
and an approved street improvement plan then such spaces shall not be restricted by Developer
in any way and shall be available for use by the general public.
4. Indemnification. The indemnification provisions contained in Section 3.7 of the
Development Agreement are incorporated herein by this reference as if reprinted in full.
5. Run with the Land; Binding on Successors and Assigns. The covenants,
conditions, reservations and restrictions herein shall run with the Site and shall be binding upon
Developer and each successive owner, lessee, licensee and other occupant of all or any portion of
the Site, and shall benefit the City and be enforceable by the City and its successors and assigns.
Every person or entity who now or hereafter owns or acquires any right, title or interest in or to
any portion of the Site is and shall be conclusively deemed to have consented and agreed to
every covenant, condition, reservation and restriction contained herein whether or not any
reference to this Memorandum is contained in the instrument by which such person or entity
acquired an interest in the Site.
6. Term; Amendment and Termination. This Memorandum may be validly
terminated, amended or modified, in whole or in part, only by recordation with the Riverside
County Recorder of a proper instrument duly executed and acknowledged by (a) City, or, as
applicable, its successors and assigns, and (b) the owner(s) of the fee interest in the portion of the
Site that is directly affected by such termination, amendment or modification.
7. Recording. This Memorandum shall be recorded on the Site described in
Exhibit "A" in the Office of the County Recorder, Riverside County, California.
8. Authority of Signatories to Bind Principals. The persons executing this
Memorandum on behalf of their respective principals represent that (1) they have been authorized
to do so and that they thereby bind the principals to the terms and conditions of this
Memorandum and (ii) their respective principals are properly and duly organized and existing
under the laws of, and permitted to do business in, the State of California.
9. Counterparts. This Memorandum may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute but one and the same instrument.
2156/015610-0088
069968.04 a02/09/06
IN WITNESS WHEREOF, this Memorandum has been executed by the parties as of the
date set forth above.
"DEVELOPER"
NISPERO PROPERTIES, INC., a California
corporation
By:
Its:
By:
Its:
,,CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
By:
Thomas P. Genovese
City Manager
ATTEST:
June Greek
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
2156,015610-0088
009968.04 a02,'W06
STATE OF CALIFORNIA
COUNTY OF
SS
1
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness m`✓ hand and official seal.
Notary Public
[SEAL]
2150 015610-0088
669968.04 a02i09'06 '4-
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER
MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
2156,015610-0088
609968.04 a02/09/06
EXHIBIT "E"
COMPLIANCE CERTIFICATE
>156 015010-0088
669968.04 a0?i09 06
COMPLIANCE CERTIFICATE
(NISPERO PROPERTIES, INC. DEVELOPMENT AGREEMENT)
The undersigned, NISPERO PROPERTIES, INC., a California corporation
("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated
, 2006, (the "Development Agreement"), by and among Developer, the CITY
OF LA QUINTA, a California municipal corporation and charter city (the "City") and the LA
QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency"),
by its signature below hereby certifies to the City, for the City's reliance that:
1. Capitalized terns not defined herein shall have the same meaning as set forth in
the Development Agreement;
2. The undersigned is familiar with the certifications and representations set forth in
this Compliance Certificate,
3. Developer has performed and complied with its obligations under the
Development Agreement to be performed or complied with by it on or prior to the date hereof.
Developer has also performed all Conditions of Approval to be performed or complied with by it
on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant
and represents that: (1) the Memorandum required by Section 3.2 of the Development
Agreement has been approved by the City and recorded against the Site; (2) all payments
required pursuant to Section 3.3.2 of the Development Agreement have been paid; and (3) all
Conditions of Approval to be performed or complied with as of the date hereof have been
satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable
Conditions of Approval and a description of how the condition has been satisfied.
IN WITNESS WHEREOF, this Compliance Certificate is executed effective the
day of , under penalty of perjury under the laws of California.
NISPERO PROPERTIES, INC., a California
corporation
By:
Its:
By:
Its:
21-�6i015610-0088
609968.04 a02,'09/06 — 1 —
SCHEDULE I
CONDITIONS OF APPROVAL
[DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL
CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO
DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS
BEEN SATISFIED.]
2156%015610-0088 a
669968.04 ta02%09/06
EXHIBIT "F"
CFNFR Al. AcsSIGNMENT AND ASSUMPTION AGREEMENT
2156,015610-0088
069908.04 a02i09i06
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 Fce per Gov't Code § 6103)
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is
made and entered into as of ("Effective Date"), by and between
NISPERO PROPERTIES, INC., a California corporation (the "Developer" or "Assignor") and
[ASSIGNEE] ("Assignee"), with reference to the following Recitals.
Recitals
A. Assignor is the developer of 0.72 acres of real property located in the City of La
Quinta, County of Riverside, State of California (the "Site"), which is legally described in
Exhibit "A" attached here.
B. Capitalized terms not defined herein shall have the same meaning as set forth in
the Development Agreement.
C. Assignor, as "Developer," the City of La Quinta, a California municipal
corporation ("City") and the La Quinta Redevelopment Agency, a public body, corporate and
politic ("Agency"), have entered into that certain Development Agreement dated
2006 (the "Development Agreement"), for purposes of, among other things, (1)
setting forth a per -parking stall up -front payment for the Developer's payment to the City of
certain fees that the parties agree are designed to compensate the City for (A) the crediting of
parking stalls located in the Agency Parking Lots and _ street parking spaces created pursuant
to the approved street improvement plan for Main Street, towards fulfilling the Project's parking
obligation; and (B) the potential added wear and tear on the municipal infrastructure which will
result from the Development Plan and the crediting of the parking stalls in the Agency Parking
Lots; (ii) requiring, the Developer and its successors -in -interest to provide public parking on the
Site; and (ill) granting Developer a vested right to develop the Site according to the Development
Plan.
D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee
the Site [or the portion thereof described on Exhibit B attached hereto (the "Designated Site")].
E. In accordance with Section 7.1 of the Development Agreement, Assignor now
desires to assign all of its obligations and its right, title, and interest in and to the Development
,k
2156,015610-0088
669968.04 a02/09/06
Agreement [as to the Designated Site] to Assignee, and Assignee desires to accept such
assignment on, and subject to, the terms and conditions set forth in this Assignment.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
Agreement
1. Ass n� ment. From and after the Effective Date, Assignor hereby assigns,
conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation
in, to and under the Development Agreement [as the same applies to the Designated Site], and
Assignee hereby accepts such assignment and agrees to assuwne performance of all terms,
covenants and conditions occurring or arising under the Development Agreement [as the same
applies to the Designated Site] from and after the date of this Assignment.
2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby
agrees to assume all of Assignor's right, title, interest and obligation in, to and under the
Development Agreement [as the same applies to the Designated Site], and Assignee agrees to
timely discharge, perform or cause to be performed and to be bound by all of the liabilities,
duties and obligations imposed in connection with the Development Agreement [as the same
applies to the Designated Site], from and after the date of this Assignment to the same extent as
if Assignee had been the original party thereto.
3. Successors and Assigns. This Assignment shall be binding upon and shall inure
to the benefit of the successors and assigns of the respective parties hereto.
4. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the State of California.
5. Further Assurances. The parties covenant and agree that they will execute such
other and further instruments and documents as are or may become necessary or convenient to
effectuate and carry out this Assignment.
6. Authority of Signatories to Bind Principals. The persons executing this
Assignment on behalf of their respective principals represent that (1) they have been authorized
to do so and that they thereby bind the principals to the terms and conditions of this Assignment
and (ii) their respective principals are properly and duly organized and existing under the laws
of, and permitted to do business in, the State of California.
7. Interpretation. The paragraph headings of this Assignment are for reference and
convenience only and are not part of this Assignment. They have no effect upon the construction
or interpretation of any part hereof. The provisions of this Assignment shall be construed in a
reasonable manner to effect the purposes of the parties and of this Assignment.
8. Counterparts. This Assignment may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed to be an original and all of which
counterparts taken together shall constitute but one and the same instrument.
1 �6,015610-0088
rj
4 4
IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the
date set forth above.
"Assignor"
NISPERO PROPERTIES, INC., a California
corporation
By:
Its:
By:
Its:
"Assignee"
[INSERT ASSIGNEE SIGNATURE
BLOCK]
2156,015010-0088 _
669968M4 a0'J09/06
STATE OF CALIFORNIA )
ss
COUNTY OF )
O» , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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.
Witness in,/ hand and official seal.
Notary Public
[SEAL]
1156,015610-0088
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER
MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
2156;015610-0088
669968.04 a02 09,06
EXHIBIT "G"
DEPICTION OF LIBRARY AND SENIOR CENTER PARKING AREAS
"156 015610-0088
009968.04 a02i09/06
EXHIBIT "H"
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 922,53
Attn: City Clerk
Space Above This Line for Recorder's Use
(Exempt from Recording Fee per Gov't Code § 6103)
MEMORANDUM OF DEVELOPMENT AGREEMENT
OFF SITE PARKING AND FEE REDUCTION
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT OFF SITE
PARKING AND FEE REDUCTION ("Memorandum") is made and entered into as of
("Effective Date"), by and between NISPERO PROPERTIES, INC.,
a California corporation (the "Developer") and the CITY OF LA QUINTA, a California
municipal corporation and charter city (the "City"), the LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and politic (the "Agency" and, collectively with the City,
the "City Entities"), with reference to the following Recitals.
Recitals
A. Developer is the developer of 0.72 acres of real property located in the City of La
Quinta, County of Riverside, State of California (the "Site"), which is legally described in
Exhibit "A" attached here.
B. Capitalized terms not defined herein shall have the same meaning as set forth in
the Development Agreement.
C. Developer and the City Entities, have entered into that certain Development
Agreement dated , 2006 (the "Development Agreement"), for purposes of,
among other things, (1) setting forth a per -parking stall up -front payment for the Developer's
payment to the City of certain fees that the parties agree are designed to compensate the City for
(A) the crediting of 19 parking stalls located in the Agency Parking Lots towards fulfilling the
Project's parking obligation; and (B) the potential added wear and tear on the municipal
infrastructure which will result from the Development Plan and the crediting of the parking stalls
in the Agency Parking Lots; (ii) requiring the Developer and its successors -in -interest to provide
public parking on the Site; and (iii) granting Developer a vested right to develop the Site
according to the Development Plan.
D. The Development Agreement provided that the Developer's Site design could
include the provision of a certain number of on -street parking spaces on Main Street, pursuant to
w.
156,01�610-0088
669968.04 a02/09i06 1
an approved street improvement plan, and that said on -street parking spaces would count on a
one -for -one basis to reduce the number of Agency Parking Lots parking spaces credited and to
reduce the fee paid to the City.
E. The City has approved a street improvement plan for Main Street that includes _
street parking spaces. Therefore, the parties now desire to record this Memorandum to evidence
the one -for -one reduction in credited Agency Parking Lots parking stalls and to reduce the fee
paid to the City accordingly.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
Agreement
1. Reduction of Agency Parking Lots Parking Stalls Credit. (_) on -street
parking spaces have been designed pursuant to a street improvement plan for Main Street,
approved by the City Public Works Department and Community Development Director then
Developer. These spaces are hereby credited on a one -for -one basis to the
Developer's parking obligation. The number of stalls credited from the Agency Parking Lots is
hereby reduced on a one -for -one basis such that the Developer shall now be credited (_)
parking stalls in the Agency Parking Lots towards its parking obligations. The Developer shall
be credited ( ) Agency Parking Lots parking spaces.
2. Reduction of Parking Fees. The parking fee paid pursuant to Section 3.4 of the
Development Agreement is hereby reduced to account for the credited street parking spaces.
Pursuant to Section 3.4.
3. No Modification. Except as specifically provided herein, the Development
Agreement is not amended, altered or modified and remains in full force and effect.
4. Successors and Assigns. This Memorandum shall be binding upon and shall inure
to the benefit of the successors and assigns of the respective parties hereto.
5. Governing Law. This Memorandum shall be governed by and construed in
accordance with the laws of the State of California.
S. Counterparts. This Memorandum may be executed in any number of
counterparts, each of which when so executed and delivered shall be deemed to be an original
and all of which counterparts taken together shall constitute but one and the same instrument.
2156,015010-0088
669968.04 a02i09,06 2
IN WITNESS WHEREOF, this Memorandum has been executed by the parties as of the
date set forth above.
ATTEST:
June Greek
City Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
City Attorney
"DEVELOPER"
NISPERO PROPERTIES, INC., a California
corporation
By:
Its:
By:
Its:
"CITY"
CITY OF LA QUINTA, a California municipal
corporation and charter city
Thomas P. Genovese
City Manager
[Signatures continue on next page.]
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY,
2156i015610-0088
669908.04 a02;09,06 '3-
a public body, corporate and politic
Thomas P. Genovese
Executive Director
ATTEST:
June Greek
Agency Clerk
APPROVED AS TO FORM
RUTAN & TUCKER, LLP
M. Katherine Jenson
Agency Counsel
31500 1S610-0088
009968.04 a02,09%06
STATE OF CALIFORNIA
COUNTY OF
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
[SEAL]
STATE OF CALIFORNIA
COUNTY OF
ss
1
Notary Public
On , before me,
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Notary Public
[SEAL]
2150I015610-0088
009908.04 a02/09/06 '�
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
LOT 68 AND 77 OF DESERT CLUB TRACT UNIT #4, IN THE CITY OF LA
QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER
MAP RECORDED NOVEMBER 6, 1946 IN BOOK 21, PAGE(S) 60 OF
MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
2156i015010-0088
669968.04 a02/09i06
1.0 GENERAL........................................................................................................................3
1.1 Tenn...................................................................................................................... 3
1.2 Effective Date.......................................................................................................3
1.3 Amendment or Cancellation.................................................................................3
1.4 Termination...........................................................................................................3
.5 Incorporation of Recitals....................................................................................... 3
2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING
CONSTRUCTION OF THE PROJECT...........................................................................4
2.1 Right to Develop...................................................................................................4
2.2 Additional Applicable Codes and Regulations.....................................................5
2.3 Permitted Density, Height and Use Limitations...................................................5
2.4 Credit of Parking Stalls in the Agency Parking Lots ............................................ 5
2.4.1 Agency Consent........................................................................................ 5
2.4.2 Reduction of Credited Parking Spaces ..................................................... 5
3.0 DEVELOPER'S OBLIGATIONS....................................................................................6
3.1
Conditions of Approval.........................................................................................6
3.2
Acknowledgement of Satisfied Conditions..........................................................6
3.3
No Parking on Public Library or Senior Center Areas.........................................6
3.4
Payments to City by Developer............................................................................7
3.4.1 General......................................................................................................7
3.4.2 Developer's Payments of Up -Front Parking Fees ....................................
7
3.4.3 City Parking Fee Study; Effect on Payment of Up -Front Parking
Fees...........................................................................................................
7
3.4.4 Other Fees and Charges............................................................................7
3.5
Dedications and Improvements.............................................................................8
3.6
Public Use of Site's Parking Stalls.......................................................................
8
3.7
Indemnification.....................................................................................................
8
4.0 CITY'S 013LIGATIONS & ACKNOWLEDGEMENTS................................................9
4.1 Scope of Subsequent Review/Confirmation of Compliance Process...................9
4.2 Project Approvals Independent.............................................................................9
4.3 Review for Compliance........................................................................................9
4.4 Satisfaction of VUP Condition.............................................................................9
5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION....................................................10
5.1 Notice of Default.................................................................................................10
5.2 Cure of Default...................................................................................................10
10
5.3 Cityy Remedies.....................................................................................................
5.4 Developer's Exclusive Remedies....................................................................... I I
6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE.................................11
6.1 Encumbrances on the Project Site.......................................................................11
6.2 Mortgage Protection............................................................................................ 1 1
6.3 Mortgagee Not Obligated...................................................................................11
6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure ............................11
OF INTEREST IN SITE OR AGREEMENT
.12
7.0 TRANSFERS
:...:...................................
12
7.1
Successors and Assigns ................
8.0 MISCELLANEOUS.......................................................................................................12
8.1
Notices................................................................................................................12
8.2
Force Majeure.....................................................................................................13
8.3
Binding Effect.....................................................................................................14
8.4
Independent Entity..............................................................................................14
8.5
Agreement Not to Benefit Third Parties.............................................................14
8.6
8.7
Covenants............................................................................................................14
Nonliability of City/Agency Officers and Employees........................................14
8.8
Covenant Against Discrimination.......................................................................14
8.9
Amendment of Agreement..................................................................................14
8.10
No 'Waiver...........................................................................................................15
8.11
Severability.........................................................................................................15
8.12
Cooperation in Carrying Out Agreement............................................................15
8.13
Estoppel Certificate.............................................................................................15
8.14
Construction........................................................................................................16
8.15
Recordation.........................................................................................................16
8.16
Captions and References.....................................................................................16
8.17
8.18
Time....................................................................................................................16
Recitals & Exhibits Incorporated; Entire Agreement.........................................16
8.19
Exhibits...............................................................................................................16
8.20
Counterpart Signature Pages...............................................................................16
8.21
Authority to Execute...........................................................................................17
8.22
Governing Law; Litigation Matters....................................................................17
8.23
No Brokers....................................................................................................
......17
COUNCIL/RDA MEETING DATE: February 21, 2006
ITEM TITLE: Acceptance of Project No. 2002-07J,
SilverRock Resort: Irrigation Well Site
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept SilverRock Resort Irrigation Well Site, Project No. 2002-07J, as complete;
authorize the City Clerk to file a Notice of Completion with the Office of the County
Recorder; and authorize staff to release retention in the amount of $35,575, 35 days
after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Original Contract Amount $355,753
Contract Change Order No. 1 $24,019
Revised Contract Amount $379,772
Adequate funding is available within the SilverRock Resort construction budget to pay
the contractor's remaining retention of $35,575.
CHARTER CITY IMPLICATIONS:
Charter City implications were addressed during the bid. Since this project is
funded by RDA funds, the project was bid as a prevailing wage job and all
subsequent contract change orders reflect prevailing wages.
BACKGROUND AND OVERVIEW:
On December 21, 2004, the Agency awarded a contract in the amount of $355,753
to Palm Springs Pump, Inc. to construct improvements specified by Project No. 2002-
07J, SilverRock. Resort Irrigation Well Site. Including change orders, the total contract
amount for this project is $379,772.
T:\PWDEPT\COUNCIL\2006\02-21-06\C4 Project 2002-07J.doc
Change Order No. 1 provided additional miscellaneous grading and piping in order to
accommodate differences in field conditions from those shown on the plans.
All work is now considered 100% complete therefore, staff recommends acceptance
of this project.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency include:
1. Accept SilverRock Resort Irrigation Well Site, Project No. 2002-07J, as
complete; authorize the City Clerk to file a Notice of Completion with the Office
of the County Recorder; and authorize staff to release retention in the amount
of $35,575, 35 days after the Notice of Completion is recorded; or
2. Do not accept SilverRock Resort Irrigation Well Site, Project No. 2002-07J, as
complete; do not authorize the City Clerk to file a Notice of Completion with the
Office of the County Recorder; and do not authorize staff to release retention in
the amount of $35,575, 35 days after the Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
Ti othy R. Jonas on, P.E.
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, Executive Director
T:\PWDEPT\COUNCIL\2006\02-21-06\C4 Project 2002-07J.doc
2
Lam
7 r -
G� OFL�
COUNCIL/RDA MEETING DATE: February 21, 2006 AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
ITEM TITLE: Approval of a Professional Services
Agreement with Economics Research Associates for a STUDY SESSION:
2006 La Quinta Market Study
PUBLIC HEARING:
RECOMMENDATION:
Approve a Professional Services Agreement with Economics Research Associates
for a 2006 La Quinta Market Study.
FISCAL IMPLICATIONS:
Funds for this project are included in the City of La Quinta Fiscal Year 2005-06
Budget (Accounts #405-9001-702.55-04 and #406-9002-702.55-07).
BACKGROUND AND OVERVIEW:
In accordance with the City of La Quinta 2005-06 Economic Development Plan,
staff is proposing that the Redevelopment Agency Board approve the
commissioning of a 2006 La Quinta Market Study. The last La Quinta Market
Study was conducted in April 2003 by Design Workshop. Last year, staff included
a focused market study project in the Economic Development Plan for purposes of
obtaining updated market information that would focus on the City's most
prominent (and potentially prominent) commercial districts.
In consultation with the Rosenow Spevacek Group, staff has worked with
Economics Research Associates (ERA) on defining a Scope of Services for the
2006 La Quinta Market Study. The Agency may recall that ERA provided
professional services related to golf markets during the construction of the Arnold
Palmer Classic Course at SilverRock. The proposed Scope of Services for the 2006
La Quinta Market Study involves a market environment analysis for La Quinta in
relation to the following areas: 1) Highway 1 1 1 , 2) The Village, 3) SilverRock
Resort, and 4) La Quinta Annexation. In general, the Scope of Services entails
updating demographic information, conducting inventories, analyzing market
conditions, identifying trends, highlighting market opportunities, evaluating key
development issues, and closely examining any future annexation. The Study will
also include an analysis on the market demand for theatres (e.g., movie, live) in the
City, especially along Highway 1 1 1 .
Staff has prepared a Professional Services Agreement (Attachment 1) for
commissioning of the 2006 La Quinta Market Study for Agency consideration. A
detailed Scope of Services is included as Exhibit "A" of the Agreement, which has
an associated fee of $40,000 as reflected in Exhibit "B." A draft of the Market
Study is proposed by the end of March 2006 for incorporation into the 2006-07
Economic Development Plan. Ultimately, the new and updated information in the
Market Study will be used to craft targeted initiatives for each commercial district
in efforts to facilitate development of commercial, resort, cultural, and other uses.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve a Professional Services Agreement with Economics Research
Associates for a 2006 La Quinta Market Study; or
2. Do not approve a Professional Services Agreement with Economics Research
Associates for a 2006 La Quinta Market Study; or
3. Provide staff with alternative direction.
Respectfully submitted,
Thomas P. Genovese, Executive Director
Attachment: 1 . Professional Services Agreement
Attachment 1
PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement"), is made and
entered into by and among the LA QUINTA REDEVELOPMENT AGENCY (the "Agency"), and
ECONOMICS RESEARCH ASSOCIATES (The "Contractor"). The parties hereto agree as
follows:
SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of the
Agreement, the Contractor shall provide those services related to a 2006 La Quinta Market Study, as
specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this
reference (the "services" or "work"). Contractor warrants that all services will be performed in a
competent, professional and satisfactory manner in accordance with the standards prevalent in the
industry for such services. Services will be provided to the Agency.
1.2 Contractor's Proposal. The Scope of Services shall include the
Contractor's proposal or bid, which shall be incorporated herein by this reference as though fully set
forth herein. In the event of any inconsistency between the terms of such proposal and this
Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
Municipality, and any and all Federal, State or local governmental agency of competent jurisdiction.
1.4 Licenses, Permits, Fees, and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the performance
of the services required by this Agreement. Contractor shall have the sole obligation to pay for any
fees, assessments and taxes, plus applicable penalties and interest, which maybe imposed by law and
arise from or are necessary for the performance of the services required by this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Contractor
warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it
has investigated the site of the work and fully acquainted itself with the conditions there existing,
(c) it has carefully considered how the work should be performed, and (d) it fully understands the
facilities, difficulties and restrictions attending performance of the work under this Agreement.
Should the Contractor discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the Agency, it shall immediately inform Agency of such
fact and shall not proceed except at Contractor's risk until written instructions are received from
the Contract Officer (as defined in Section 4.2 hereof).
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers and other components thereof to prevent losses or damages, and shall be responsible for
all such damages, to person, or property, until acceptance of the work by Agency, except such
losses or damages as may be caused by Agency's own negligence. The performance of services
by Contractor shall not relieve Contractor from any obligation to correct any incomplete,
inaccurate or defective work at no further cost to the Agency, when such inaccuracies are due to
the negligence of Contractor.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, the Contractor shall perform services in addition to those specified in the Scope of
Services, (Exhibit "A") when directed in writing to do so by the Contract Officer, provided that
Contractor shall not be required to perform any additional services without compensation.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to the Agreement, the
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto
as Exhibit "B" and incorporated herein by this reference. The Contractor shall be compensated in an
amount not exceeding Forty Thousand Dollars ($40,000) (the "Contract Sum"). The method of
compensation set forth in the Schedule of Compensation will include payment for time and materials
based upon the Contractor's rates as specified in Exhibit "B", or such other methods as may be
specified in the Schedule of Compensation (Exhibit "B"). Compensation may include
reimbursement for actual and necessary expenditures for reproduction costs, transportation expenses,
telephone expense, and similar costs and expenses when and if specified in the Schedule of
Compensation (Exhibit "B").
2.2 Method of Payment. Any month in which Contractor wishes to receive
payment, Contractor shall submit to the Agency no later than the tenth (lot") working day of such
month, in the form approved by the Contract Officer, an invoice for services rendered prior to the
date of the invoice. Such invoice shall (1) describe in detail the services provided, including time
and materials, (2) specify each staff member who has provided services and the number of hours
assigned to each such staff member, and (3) indicate the total expenditures to date. Such invoice
shall contain a certification by a principal member of Contractor specifying that the payment
requested is for work performed in accordance with the terms of this Agreement. The Municipality
will pay Contractor for all expenses stated thereon which are approved by the Municipality pursuant
to this Agreement no later that the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the performance of this Agreement.
3.3. Force Majeure. All time periods specified for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods,
epidemic, quarantine restrictions, riots, strikes, freight embargos, acts of any governmental agency
other than Agency., and unusually severe weather, if the Contractor shall within ten (10) days of the
commencement of such delay notify the Contracting Officer in writing of the causes of the delay.
The Contracting Officer shall ascertain the facts and the extent of delay and extend the time for
performing their services for the period of the forced delay when and if in his judgment such delay is
justified, and the Contracting Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Sections 7.7 and 7.8 of
this Agreement, this Agreement shall continue in full force and effect for six (6) months, from the
date of the execution of this Agreement.
4.0 COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is
hereby designated as being the principal and representative of Contractor authorized to act in its
behalf with respect to the work specified herein and make all decisions in connection therewith:
Gene Krekorian, Senior Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principal was a substantial inducement for Agency to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of the Agreement for directing
all activities of Contractor and devoting sufficient time to personally supervise the services
hereunder. The foregoing principal may not be changed by Contractor and no other personnel may
be assigned to perform the service required hereunder without the express written approval of
Agency.
4.2 Contract Officer. The Contract Officer shall be the Agency Executive
Director or such other person as may be designated by the Agency Executive Director. The Contract
Officer has been authorized to act on behalf of the Agency for the purposes of this Agreement. It
shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the services and the Contractor shall refer any decisions which must
be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of
Agency required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Contractor, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement. Therefore, Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder without the
express written approval of the Agency. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written approval
of Agency.
4.4 Independent Contractor. Neither the Agency nor any of its employees shall
have any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of Agency.
4.5 Agency Cooperation. The Agency shall provide Contractor with any plans,
publications, reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to the Agency.
5.0 INSURANCE INDEMNIFICATION AND BONDS.
5.1 Insurance. The Contractor shall procure and maintain, at its cost, and
submit concurrently with its execution of the Agreement, public liability and property damage
insurance against all claims for injuries against persons or damages to property resulting from
Contractor's acts or omissions rising out of or related to Contractor's performance under this
Agreement. The insurance policy shall contain a severability of interest clause providing that the
coverage shall be primary for losses arising out of Contractor's performance hereunder and neither
the Agency nor its insurers shall be required to contribute to any such loss. A certificate evidencing
the foregoing and naming the Agency and its officers and employees as additional insured shall be
delivered to and approved by the Agency prior to commencement of the services hereunder. The
amount of insurance required hereunder shall be determined by the Contract Sum in accordance with
the following table:
Contract Sum
Coverage (personal injury/property damage)
Less than $50,000
$100,000 per individual; $300,000 per occurrence
$50,000-$300,000
$250,000 per individual; $500,000 per occurrence
Over $300,000
$500,000 per individual; $1,000,000 per occurrence
The Contractor shall also carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the use of any
automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement. The term
"automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for
travel on public roads. The automobile insurance policy shall contain a severability of interest clause
providing that coverage shall be primary for losses arising out of Contractor's performance
hereunder and neither the Agency nor its insurers shall be required to contribute to such loss. A
certificate evidencing the foregoing and naming the Agency and its officers and employees as
additional insured shall be delivered to and approved by the Agency prior to commencement of the
services hereunder.
Contractor shall also carry Workers' Compensation Insurance in accordance with State
Workers' Compensation laws.
The Contractor shall procure professional errors and omissions liability insurance in the
amount acceptable to the Agency.
All insurance required by the Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without thirty (30) days' written notice of proposed
cancellation to Agency. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the
Agency, its officers, employees, contractors, subcontractors or agents.
5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless
the Agency, its officers, officials, employees, representatives and agents, ("Agency indemnitees"),
from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and
expenses, including legal costs and attorneys' fees, for injury to or death of person(s), for damage to
property (including property owned by the Agency) ("Claims") and for errors and omissions
committed by Contractor, its officers, anyone directly or indirectly employed by Contractor, any
subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or
indirectly out of or related to Contractor's performance under this Agreement, except to the extent of
such loss as may be caused by Agency's own active negligence, sole negligence or willful
misconduct, or that of its officers or employees.
In the event the Agency indemnitees are made a party to any action, lawsuit, or other
adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the
Agency indemnitees, or at the Agency's option, reimburse the Agency indemnitees their costs of
defense, including reasonable attorney's fees, incurred in defense of such Claims. In addition
contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against
the Agency indemnitees.
5.3 Remedies. In addition to any other remedies the Agency may have if
Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, the Agency, at its sole option:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this
Agreement.
2. Order the Contractor to stop work under this Agreement and/or
withhold any payments(s) which become due to Contractor hereunder
until Contractor demonstrates compliance with the requirements
hereof.
3. Terminate the Agreement.
Exercise of any of the above remedies, however, is an alternative to any other remedies the Agency
may have and are not the exclusive remedies for Contractor's failure to maintain or secure
appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contractor may be held responsible for payments of damages to person or
property resulting from Contractor's or its subcontractors' performance of work under this
Agreement.
6.0 RECORDS AND REPORTS
6.1 Reports. Contractor shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Contractor shall keep such books and records as shall be necessary
to perform the services required by this Agreement and enable the Contract Officer to evaluate the
cost and the performance of such services. Books and records pertaining to costs shall be kept and
prepared in accordance with generally accepted accounting principles. The Contract Officer shall
have full and free access to such books and records at all reasonable times, including the right to
inspect, copy, audit and make records and transcripts from such records.
6.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents, and other materials, whether in hard copy or electronic form, which are prepared
by Contractor, its employees, subcontractors and agents in the performance of this Agreement, shall
be the property of Agency and shall be delivered to Agency upon the termination of this Agreement
or upon the earlier request of the Contract Officer, and Contractor shall have not claim for further
employment or additional compensation as a result of the exercise by Agency of its full rights of
ownership of the documents and materials hereunder. Contractor may retain copies of such
documents for its' own use. Contractor shall ensure all subcontractors to assign Agency any
documents or materials prepared by them, and in the event Contractor fails to secure such
assignment, Contractor shall indemnify Agency for all damages suffered thereby.
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer or
as required by law. Contractor shall not disclose to any other private entity or person any
information regarding the activities of the Agency, except as required by law or as authorized by the
Agency.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement
shall be instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court :in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefor. The injured party shall continue performing its obligation hereunder so long as the injuring
party commences to cure such default within ten (10) days of service of such notice and completes
the cure of such default within forty-five (45) days after service of the notice, or such longer period
as may be permitted by the Contract Officer; provided that if the default is an immediate danger to
the health, safety and general welfare, the Agency may take such immediate action as the Agency
deems warranted. Compliance with the provisions of this Section shall be a condition precedent to
termination of the Agreement for cause and to any legal action, and such compliance shall not be a
waiver of any party's right to take legal action in the event that the dispute is not cured, provided that
nothing herein shall limit Agency's right to terminate this Agreement without cause pursuant to
Section 7.8.
7.3 Retention of Funds. Agency may withhold from any monies payable to
Contractor sufficient funds to compensate Agency for any losses, costs, liabilities or damages it
reasonably believes were suffered by Agency due to the default of Contractor in the performance of
the services required by the Agreement.
7.4 Waiver. No delay or omission in the exercise of any right or remedy of a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
Agency's consent or approval of any act by Contractor requiring Agency's consent or approval shall
not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act
of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver
of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties
are cumulative and the exercise by either party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
7.7 Termination Prior to Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section 7.8 for
termination for cause. The Agency reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "B") or such
as may be approved by the Contract Officer, except as provided in Section 7.3.
7.8 Termination for Default of Contractor. If termination is due to the failure
of the Contractor to fulfill its obligation under this Agreement, Agency may, after compliance with
the provision of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that the Agency
shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to
the Contractor for the purpose of setoff or partial payment of the amounts owned the Agency as
previously stated in Section 7.3.
7.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connections with this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs of suit from the losing party.
8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non -liability of Agency Officers and Employees. No officer or employee
of
the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of
any default or breach by the Agency of for any amount which may become due to the Contractor or
to its successor, or for breach of any obligation of the terms of the Agreement.
8.2 Conflict of Interest. No officer or employee of the Agency shall have any
personal interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his personal interest or the interest
of any corporation, partnership or association in which he is, directly or indirectly, interested, in
violation of any State statute or regulation. The Contractor warrants that it has not paid or given and
will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, disability or ancestry in the performance of the
Agreement. Contractor shall take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, physical disability, mental disability, medical condition, age or
ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give to the other parties or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail to the address set forth below. Either
party may change its address by notifying the other party of the change of address in writing. Notice
shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided
in this Section 9.1.
To Agency:
LA QUINTA REDEVELOPMENT AGENCY
78-495 Calle Tampico
La Quinta, California 92253
Attention: 'Thomas P. Genovese
Executive Director
To Contractor:
ECONOMICS RESEARCH ASSOCIATES
Gene Krekorian
Senior Vice President
10990 Wilshire Boulevard, Suite 1500
Los Angeles, California 90024
9.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and all previous understandings, negotiations and agreements are integrated into and
superseded by this Agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by all parties.
9.4 Severability. In the event that any or more of the phrases, sentences,
clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or
unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceable shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or
sections of this Agreement which are hereby declared as severable and shall be interpreted to carry
out the intent of the parties hereunder.
9.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and
that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
stated below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
LA QUINTA REDEVELOPMENT
AGENCY,
Dated: By:
EXECUTIVE DIRECTOR
"AGENCY"
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
Agency Counsel
Dated:
ECONOMICS RESEARCH ASSOCIATES:
Name:
Title:
"CONTRACTOR"
A ��
EXHIBIT A
SCOPE OF SERVICES
Econornics Research Associates
Memorandum
Date: February 2, 2006
To: Frank Spevacek
From: G. Krekorian
Re: La Quinta Market Environment Analysis — Economic Development
Strategy — ERA No. 16469
Email: fspevacek a webrsq.com
Attached is an outline of the La Quinta "Market Environment" analysis
which presents a summary of the issues and topics to be addressed. In addition
to a macro market area overview of the Coachella Valley in general and in La
Quinta more specifically, four chapters are identified:
(I) Highway I I I Corridor
(2) The Village
(3) SilverRock Resort
(4) La Quinta Annexation
TOPIC OUTLINE
Market Area Overview
• Demographics
— Population and Age
— Income
— Household Characteristics
— Other
• Economic Environment
— Labor Market
• Tourism and Visitor Market
• Residential Development Patterns
• Land Availability and Cost
10990 Wilshire Boulevard, Suite 1500, Los Angeles, CA 90024
310.477,9585 FAX 310.478.1950 www.econres.com
Los Angeles San Francisco San Diego Chicago Washington DC New York London
Economics Research Associates
La Quinta Market Environment Analysis
ERA No. 16469
February 2, 2006
Page 2
• Retail Sales Patterns
• Future Major Development Projects
Highway 111 Corridor
• Historical Development
• Current Inventory by Land Use
• Inventory by Service Category (convenience, neighborhood, sub -
regional, regional)
• Vacant/Under-Utilized Land
• Land Value Structure
• Trends and Market Conditions
• Market Opportunities
— Near -Term
— Mid -Term
The VillajZe
• Historical Development and Overall Plan Review
• Current Inventory by User Type
• Current Performance Levels
• Evaluation of Key Development Issues
— Market Positioning
— Anchor Tenants
— Critical Mass
— Parking
— Seasonality
— Land Values/Rental Rates
— Tenant Mix
• Live -Work Compatibility and Opportunity
• Village Promotion and Marketing
0 Market Opportunities
Ecconolmics Research Associates
La Quinta Market Environment Analysis
ERA No. 16469
February 2, 2006
Page 3
• Current Project Status
• Current Market Environment (resort/golf)
• Resort Accommodation Development Progress
• Resort Facility Review (meeting space, resort retail, restaurant,
amenities)
• Second Golf Course Timing and Related Improvements
• Market Opportunities
Annexation
• Review of Current Development Plan and Buildout Scenario
• Issues to Review:
— County RDAP
— County Services District
— Tribal Lands or Interests
— Water Supply
— Salton Sea Initiatives
— General Aviation Airport
• Area -Generated Commercial Facilities Demand
• Regional Commercial Demand/Supply Balance
• Major Sports/Recreation Development Opportunities (resort, other)
• Visitor -Serving Development Opportunities
• Regional Logistics Opportunities
• Commercial Development Opportunities
TIME AND FEE
Assuming authorization by February 6, 2006, we would provide a draft
of the various sections by March 3, 2006.
EXHIBIT B
SCHEDULE OF COMPENSATION
Economics Research Associates
La Quinta Market Environment Analysis
ERA No. 16469
February 2, 2006
Page 4
The budget is estimated as follows:
Market Overview
Highway 111 Corridor
The Village
SilverRock
Annexation
Subtotal
Meeting/Other
Total
Professional
Fees
$ 5,000
8,000
8,000
8,000
8,000
$37,000q
3,000
$40,000
COUNCIL/RDA MEETING DATE: February 21, 2006
ITEM TITLE: Consideration of Concept Development
Plans for a 218-Unit Multi -Family Residential Project
Located at the Northwest Corner of Dune Palms Road
and Avenue 48. Applicant: Coachella Valley Housing
Coalition
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve the conceptual site plans and building elevations and direct staff to negotiate
a Disposition and Development Agreement with Coachella Valley Housing Coalition
(CVHC).
FISCAL IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Staff is currently working with CVHC under the guidelines of the Exclusive Negotiating
Agreement (ENA), to produce site plans for the development of the 218-unit multi-
family residential project. Part of the ENA process is the preparation of site plans and
building elevations for approval by the Agency Board. Once these conceptual plans
have been approved, staff will begin negotiations for a Disposition and Development
Agreement for the development of the Dune Palms multi -family project.
Staff worked with CVHC and Interactive Design Group to produce site plans for
presentation to the Rancho La Quinta Homeowners' Association and developers of the
Watercolors senior project. Staff and the CVHC team met with the Rancho La Quinta
HOA on two separate occasions. Subsequent to these meetings, staff and the CVHC
team hosted a two hour public workshop for residents, local developers, and the press.
As a result of these meetings, the design team took into consideration issues that
were raised and made changes accordingly. Some of the issues that were addressed
include: site grading, unit design, views, lighting, common property line wall,
landscaping, and circulation.
The project, as shown on the revised concept site plan, includes 218 units with the
following project unit breakdown:
Bedrooms
Units
Yo
One
30
14
Two
60
27
Three
104
48
Four
24
1 1
218
Proposed unit sizes comply with the City's minimum unit size and are as follows:
Unit Size
One Bedroom
@
750 sf
- 810 sf
Two Bedroom
@
900 sf
- 1037 sf
Three Bedroom
@
1050 sf
- 1 370 sf
Four Bedroom
@
1350 sf
- 1 550 sf
The project site plan currently provides for 431 parking spaces or a ratio of 1.98
spaces per unit. During final design, staff recommends additional parking spaces be
provided. Parking provided is consistent with existing CVHC projects, but is
approximately 22 spaces lower than the original parking ratios discussed. Staff will
continue to work with CVHC to refine the parking requirements for this project.
CVHC is utilizing an integrated design approach to energy efficiency that will include a
combination of solar water heating and photovoltaic panels.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Agency Board include:
1. Approve the conceptual site plans and building elevations for the multi -family
affordable housing project and direct staff to negotiate a Disposition and
Development Agreement with Coachella Valley Housing Coalition ; or
2. Do not approve the conceptual site plans and building elevations and do not
direct staff to negotiate a Disposition and Development Agreement with
Coachella Valley Housing Coalition; or
3. Provide staff with alternative direction.
Respectfully submitted,
Douglas Evans
Community Development Director
Approved for submission by,
Thomas P. Genovese, Executive Director
Attachment: 1 . Conceptual Site Plans
COUNCIL/RDA MEETING DATE: February 21, 2006
ITEM TITLE: Consideration of Mid -Year Budget Report
for Fiscal Year 2005/2006
RECOMMENDATION:
P
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve an increase of $15,769,489 in estimated property tax increment revenue.
Approve an increase of $1,471,400 in estimated investment interest revenue.
Approve an increase of $7,824,584 in estimated proceeds from the sale of land.
Approve an increase of $1,207,500 in estimated revenues from other sources.
Approve an appropriation increase of $7,827,315 in pass through tax payments.
Approve a decrease in the Educational Relief Augmentation Fund (ERAF) expense
account of $96,343.
Approve a decrease of $379,653 in interest expense.
Approve an appropriation increase in the Housing Project account of $105,015.
Receive and file the Mid -Year Budget Report.
FISCAL IMPLICATIONS:
During the annual budget process, staff estimates revenues and expenditures for the
Redevelopment Agency (RDA) and at mid -year reassesses those estimates, which
are through December 31'. As a result of staff's review, we are recommending the
following budget changes to the RDA Fiscal Year 05/06 budget:
Estimated Tax Increment Revenues
Property taxes are adjusted to the tax roll information prepared by the County
Auditor's office, which was received in early January. As a result of the tax roll
information, the property tax revenues for Project Area 1 and 2 are adjusted. For
Fiscal Year 05/06 the total tax increment revenues for Project Area 1 and 2 will
increase by $14,962,670 over last year to a total of $66.4 million. For Project Area
1, property tax increments increased by 26.49% and for Project Area 2, property tax
increments increased by 34.15%. The increases are somewhat higher than expected
because of a one time payment by the County of Riverside of $3.5 million from the
Teeter Fund. Based upon the forecasted revenues, an increase of $15,769,489 in
estimated property tax increment revenue is projected.
Estimated Interest Income Revenues
RDA Project Area 1 & 2 Capital Improvement Project Funds are projected to generate
an increase of $637,500 and $42,900 in interest income, respectively, based upon
cash balances in pooled cash and the fiscal agent.
RDA Project Area 1 & 2 Debt Service Funds are projected to generate an increase of
$206,900 and $275,000 in interest income, respectively, based upon cash balances
in pooled cash.
RDA Project Area 1 Low & Moderate Income Fund is projected to generate an
increase of $309,100 in interest income based upon cash balances in pooled cash.
Proceeds from Sale of Property
Project Area 2 Capital Improvement Project Fund received $7,824,584 from the sale
of the property in the general vicinity of Hwy 1 1 1 and Dune Palms.
Proceeds from 2"d Trust Deed Repayments
Project Area 1 & 2 Low & Moderate Income Housing Funds have been receiving
funds from the sale of Agency -assisted homes. The Agency will receive 2nd Trust
Deed repayments of $1,000,000 from PA 1 and $112,500 from PA 2.
4
Proceeds from Sewer Subsidy and Rehab Loan repayments
Project Area 1 Low & Moderate Income Fund will receive an estimated $50,000
from the sale of Agency -assisted homes that received past sewer subsidies and
$30,000 from the sale of homes that received rehab loans.
Vista Dunes Mobile Home Park Rent
Project Area 2 Low & Moderate Income Fund will receive an estimated $15,000
from the Vista Dunes Mobile Home Park residents. At this point in time all residents
have left the park and no more rent is being collected.
Additional Pass Through Appropriations Requested
As a result of the increased tax increment, the Agency is required to pass through,
or pay to other taxing entities that operate in the Project Area, tax increment funds
based upon negotiated or statutory agreements. Since the tax increment will
increase, these pass through amounts will increase by $7,827,315 to a total of
$32.6 million.
Reduction in ERAF Shift Appropriation
During the Fiscal Year 05/06 budget process, the ERAF shift was budgeted at
$3,000,000. This mechanism was used by the State in the early 1990 's and again
in Fiscal Years 02/03, 03/04, and 04/05 to mandate Redevelopment Agencies state-
wide to transfer funding from the RDAs to the State to balance the State budget.
The Fiscal Year 05/06 State budget mandates that $250 million be transferred State-
wide from all RDAs to the State, of which the La Quinta RDA portion is $2,903,657
for Fiscal Year 05/06.
The ERAF shift is calculated by the State Department of Finance based upon the
financial activities of the RDA two years ago. The formula is to allocate $125 million
(or half) of the $250 million, based upon the La Quinta RDA Tax Increment, to the
State-wide totals and the other $125 million based upon the amount collected net of
pass throughs.
The ERAF shift is required to be paid to the County Auditor by May 10th or it will be
withheld by the County Auditor in the 2nd County tax distribution at the end of May.
From Fiscal Year 02/03 through Fiscal Year 05/06, $7,875,898 has been sent to the
State via the ERAF shift that would otherwise have gone for eligible capital projects
within the City of La Quinta.
3
Reduction in Interest Expense Payments on General Fund Loans
Staff is proposing restructuring the outstanding loans as of April 1, 2006 to result in
a new loan amount of $22 million. This restructuring will result in the General Fund
adding $12.1 million to unreserved fund balance which would have previously been
reserved and unavailable. For FY 2006/07 and thereafter, the interest generated
from the $22 million loans, which are at an interest rate of between 7% - 10%, will
result in the General Fund receiving $2,020,000 annually. The reduction in principal
in FY 05/06 will also result in a future reduction of interest earnings to the General
Fund. For FY 05/06, this restructuring will result in a slight increase of $8,601 in PA
1 Debt Service Fund interest expense and a $388,254 decrease in the PA 2 Debt
Service Fund interest expense. Staff will bring this restructuring to the City
Council/RDA Board in March for consideration.
Additional Housing Project Appropriations Requested
The Agency is required to pay into the Quimby Account for fees on the Miraflores
Project which total $105,015.
BACKGROUND AND OVERVIEW:
A comprehensive report is prepared annually at mid -year to inform the Agency Board,
for their consideration, of any changes in the financial position of the Agency.
The Mid -Year Budget Report involves a financial assessment of Agency operations.
This report provides information on the RDA revenues, operations, capital projects
and requests for budget transfers and/or new appropriations.
The majority of the tax increment revenue for the RDA is received from the County
in January and May; therefore, actual tax increment revenues have not been received
to date.
The earned tax increment equals the 50% benchmark. Provided as part of
Attachment 1 is the revenue and expenditure detail for the RDA.
The budget amounts have been adjusted to reflect the latest data from the County
Auditor/Controller's office.
The following table reflects the mid -year tax increment requested additions and
reports that and an increase of $14,962,670 in tax increment from prior year actual
collections.
2
REDEVELOPMENT AGENCY TAX INCREMENT REVENUE SUMMARY
(1)
(2)
(2)/(1)=(3)
(4)/12.6
(4)
(4)-(1)
(5)
(4)/(5)-
100%
(4)-(5)
05/06
Est Year
End
04/05
- —
12/31/05
12/31/05
Year End
Varianc
e
Year End
Percent
Change
Description
Budget
YTD Actual
%
Earned
Estimate
over
(under)
Actual
Change
$
PA #1
Debt Service
$34,270,41
6
$3,104,197
9.06%
$17,135,208
$34,270,416
$0
$27,093,693
26.49%
$7,176,723
Low/Moderate Tax Increment
8,567,604
776,049
9.06%
4,283,802
8,567,604
0
6,773,423
26.49%
1,794,181
Total Tax Increment
42,838,020
3,880,247
9.06%
21,419,010
42,838,020
0
33,867,116
26.49%
8,970,904
PA #2
Debt Service
18,830,375
2,015,989
10.71%
9,415,188
18,830,375
0
14,036,962
34.15%
4,793,413
Low/Moderate Tax Increment
4,707,594
503,997
10.71%
2,353,797
4,707,594
0
3,509,241
34.15%
1,198,353
Total Tax Increment
23,537,969
2,519,986
10.71%
11,768,985
23,537,969
0
17,546,203
34.15%
5,991,766
Totals
$66,375,98
9
$6,400,232
9.64%
$33,187,995
$66,375,989
$0
$51,413,319
29.10%
$14,962,670
Project Area No. 1 estimated revenues exceed prior year collected revenues by
$8,970,904 and by $5,991,766 for Project Area No. 2.
Staff is proposing additional revenues and appropriation changes in Redevelopment
Project Area Nos. 1 & 2 (Attachment 2) based upon the following:
Updated tax increment estimates;
• Updated investment earnings forecasts;
Pass through payments affected by updated tax increment estimates;
Interest expense and housing project cost estimates;
• Updated Educational Relief Augmentation Fund (ERAF) shift estimates;
and
• Updated revenue collections from 2nd trust deed, sewer subsidy, rehab
loan and Vista Dunes Mobile Home rental income accounts;
The proposed additional revenues and appropriations are as follows:
Mid -Year Budget Revenues and Appropriations by Fund
REDEVELOPMENT AGENCY TAX ADDITIONAL REVENUE AND APPROPRIATIONS
Revenues
Expenditures
Expenditure
s
Expenditures
Pass Through
ERAF
Fund
Agreements
Shift
Subtotal
Net
Project Area 1
Debt Service
$938,515
$380,567
($219,272)
$161,295
$777,220
RDA 1 Capital Improvement Project
900,000
(1,200,000)
(1,200,000)
2,100,000
RDA 1 Capital Improvement Project -
Taxable
50,000
0
50,000
Low and Moderate Income
234,679
0
234,679
2,123,194
(819,433)
(219,272)
(1,038,705)
3,161,899
Project Area 2
Debt Service
922,373
788,592
0
788,592
133,781
RDA 2 Capital Improvement Project
50,000
0
50,000
2004 Housing Bond
1,000,000
0
1,000,000
Low and Moderate Income
230,543
0
230,543
2,202,916
788,592
0
788,592
1,414,324
Total
$4,326,110
($30,841)
($219,272)
($250,113)
$4,576,223
These proposed adjustments will result in an estimated increase in net revenues over
appropriations of $8,248,589 in Project Area No. 1 and $10,816,639 in Project Area
No. 2.
A detailed list of the Fiscal Year budget appropriation requests can be found in
Attachment 3.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Redevelopment Agency Board include:
1. Approve an increase of $15,769,489 in estimated property tax increment
revenue; and
Approve an increase of $1,471,400 in estimated investment interest revenue;
and
Approve an increase of $7,824,584 in estimated proceeds from the sale of
land; and
Approve an increase of $1,207,500 in estimated revenues from other sources.
0
Approve an increase of $1,207,500 in estimated revenues from other sources.
2.
3.
Approve an appropriation increase of $7,827,315 in pass through tax
payments; and
Approve a decrease in the Educational Relief Augmentation Fund (ERAF)
expense account of $96,343; and
Approve a decrease of $379,653 in interest expense; and
Approve an appropriation increase in the Housing Project account of
$105,015; and
Receive and file the Mid -Year Budget Report.
Do not approve the above changes; or
Provide staff with alternative direction.
Respectfully submitted,
John M. Falconer, Finance Director
Approved for submission by:
f..
Thomas P. Genovese, Executive Director
Attachment 1. RDA Revenue and Expenditures through December 31, 2005
2. Mid -Year review budget worksheet
3. Mid -Year review appropriation budget detail
7
ATTACHMENT 1
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 1:
LOW/MODERATE BOND FUND:
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
Tax Increment
Tax Increment
Allocated Interest
Allocated Interest
Non Allocated Interest
Miscellaneous revenue
Non Allocated Interest
LQRP-Rent Revenue
Home Sales Proceeds
Sale of Land
Sewer Subsidy Reimbursements
Sewer Subsidy Reimbursements
Rehabilitation Loan Repayments
Rehabilitation Loan Repayments
2nd Trust Deed Repayment
2nd Trust Deed Repayment
Transfer in
TOTAL LOW/MOD TAX
DEBT SERVICE FUND:
Tax Increment
Tax Increment
Allocated Interest
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
Pooled Cash Allocated Interest
Non Allocated Interest
Non Allocated Interest
Litigation Settlement Revenue
Loan 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
6,675,400.00
776,049.31
5,899,350.69
1,892,204.00
0.00
1,892,204.00
50,900.00
79,798.74
(28,898.74)
309,100.00
0.00
309,100.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
276,000.00
116,392.50
159,607.50
480,000.00
510,841.15
(30,841.15)
0.00
0.00
0.00
0.00
50,304.05
(50,304.05)
50,000.00
0.00
50,000.00
0.00
30,706.63
(30,706.63)
30,000.00
0.00
30,000.00
0.00
928,183.07
(928,183.07)
1,000,000.00
0.00
1,000,000.00
0.00
0.00
0.00
10,763,604.00
2,492,275.45
8,271,328.55
26,701,600.00
3,104,197.23
23,597,402.77
7,568,816.00
0.00
7,568,816.00
93,100.00
155, 896.56
(62,796.56)
206,900.00
0.00
206,900.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3,945,802.00
1,982, 532.01
1,963,269.99
38,516,218.00
5,242,625.80
33,273,592.20
12,500.00
75,824.60
(63,324.60)
137,500.00
0.00
137,500.00
500,000.00
421,244.93
78,755,07
500,000.00
0.00
500,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
909,510.00
273,000.00
636,510.00
2,059,510.00
770,069.53
1,289,440.47
CAPITAL IMPROVEMENT FUND - TAXABLE
Pooled Cash Allocated Interest
0.00
0.00
0.00
Non Allocated Interest
0.00
0.00
0.00
Litigation Settlement Revenue
0.00
0.00
0.00
Bond proceeds
0.00
0.00
0.00
Rental Income
0.00
0.00
0.00
Transfers In
0.00
0.00
0.00
TOTAL CAPITAL IMPROVEMENT
0.00
0.00
0.00
n.
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO. 1:
LOW/MODERATE BOND FUND
PERSONNEL
SERVICES
REIMBURSEMENT TO GEN FUND
HOUSING PROJECTS
TRANSFERS OUT
TOTAL LOW/MOD BOND
07/01/2005-12/31/05 REMAINING
BUDGET EXPENDITURES ENCUMBERED 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
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
LOW/MODERATE TAX FUND:
PERSONNEL
41900.00
3,464.40
0.00
1,435.60
SERVICES
265,405.00
56,331.21
0,00
209,073.79
BUILDING HORIZONS
125,000.00
75,000.00
0.00
50,000.00
LQ RENTAL PROGRAM
332,000.00
118,712.16
0.00
213,287.84
LQ HOUSING PROGRAM
320,000.00
0.00
0.00
320,000.00
LOWMOD VILLAGE APARTMENTS
400,000.00
400,000.00
0.00
0.00
2nd TRUST DEED PROGRAM
3,298,340.00
40,000,00
0.00
3,258,340.00
LQRP - REHABILITATION
0.00
0.00
0.00
0.00
APT REHABILITATION
136,000.00
0.00
0.00
136,000.00
FORECLOSURE
150,000.00
0.00
0.00
150,000.00
REIMBURSEMENT TO GEN FUND
679,574.00
339,787.02
0.00
339,786.98
TRANSFERS OUT
3,945,802.00
1,982,532.01
0.00
1,963,269.99
TOTAL LOW/MOD TAX
9,657,021.00
3,015,826.80
0.00
6,641,194.20
DEBT SERVICE FUND:
SERVICES
537,800.00
10,770.00
0.00
527,030.00
BOND PRINCIPAL
2,500,000.00
2,500,000.00
0.00
0.00
BOND INTEREST
7,805,905.00
3,938,313.13
0.00
3,867,591.87
INTEREST CITY ADVANCE
1,124,738.00
578,232.95
0.00
546,505.05
INTEREST CITY ADVANCE
8,601.00
0.00
0.00
8,601.00
PASS THROUGH PAYMENTS
13,076,663.00
2,007,204.25
0.00
11,069,458.75
PASS THROUGH PAYMENTS
3,533,673.00
0.00
0.00
3,533,673.00
ERAF SHIFT
3,000,000.00
0.00
0,00
3,000,000.00
ERAF SHIFT
(96,343.00)
0.00
0.00
(96,343.00)
TRANSFERS OUT
4,374,737.00
2,255,532.01
0.00
2,119,204.99
TOTAL DEBT SERVICE
35,865,774.00
11,290,052.34
0.00
24,575,721.66
CAPITAL IMPROVEMENT FUND:
PERSONNEL
4,900.00
3,464.40
0.00
1,435.60
SERVICES
307,362.00
91,281.09
0.00
216,080.91
LAND ACQUISITION
0.00
0.00
0.00
ASSESSMENT DISTRICT
0.00
0.00
0.00
0.00
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0.00
ECONOMIC DEVELOPMENT
55,000.00
0.00
0.00
55,000.00
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
319,515.00
159.757.49
0.00
159,757.51
TRANSFERS OUT
23,453,157.00
3,644,560.57
0,00
19,808,596.43
TOTAL CAPITAL IMPROVEMENT
24,139,934.00
3,899,063.55
0.00
20,240,870.45
CAPITAL IMPROVEMENT FUND/TAXABLE BOND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
(4,594.00)
0.00
0.00
(4,594.00)
TOTAL CAPITAL IMPROVEMENT
(4,594.00)
0.00
0.00
(4,594.00)
NJ
LA QUINTA REDEVELOPMENT AGENCY
REVENUE SUMMARY
PROJECT AREA NO. 2:
LOW/MODERATE BOND FUND:
Allocated Interest
Non Allocated Interest
Bond proceeds (net)
Transfer In
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
Tax Increment
Tax Increment
Allocated Interest
Non Allocated Interest
Developer funding
Vista Dunes MHP Rental Rev
Vista Dunes MHP Rental Rev
2nd Trust Deed Repayment
2nd Trust Deed Repayment
ERAF Shift - Interest
Sale of Land
Transfer In
TOTAL LOW/MOD TAX
2004 LOW/MODERATE BOND FUND;
Allocated Interest
Home Sale Proceeds
Non Allocated Interest
Transfer In
TOTAL LOW/MOD BOND
DEBT SERVICE FUND:
Tax Increment
Tax Increment
Allocated Interest
Allocated Interest
Non Allocated Interest
Interest Advance Proceeds
Transfer In
TOTAL DEBT SERVICE
CAPITAL IMPROVEMENT FUND:
Allocated Interest
Allocated Interest
Non Allocated Interest
Developer Agreement
Developer Agreement
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
3,445,900.00
503,997.13
2,941,902.87
1,261,694.00
0.00
1,261,694.00
275,300.00
90,742.10
184,557.90
0.00
0.00
0.00
0.00
0.00
0.00
0.00
14,671.03
(14,671.03)
15,000.00
0.00
15,000.00
0.00
112,097,40
(112,097.40)
112,500.00
0.00
112,500.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
5,110,394.00
721,507.66
4,388,886.34
0.00
0.00
0.00
0.00
0.00
0.00
1,418,400.00
647,776.46
770,623.54
0.00
0.00
0.00
1,418,400.00
647,776.46
770,623.54
13,783,600.00
2,015,988.54
11,767,611.46
5,046,775.00
0.00
5,046,775.00
0.00
130,130.72
(130,130.72)
275,000.00
0.00
275,000.00
0.00
0.00
0.00
0.00
0.00
0.00
7,998,654.00
7,268,370,99
730,283.01
27,104,029.00
9,414,490.25
17,689,538.75
37,100.00
40,023.48
(2,923.48)
42,900.00
0.00
42,900.00
0.00
0.00
0.00
0.00
7,824,583.57
(7,824,583.57)
7,824,584.00
0.00
7,824,584.00
0.00
0.00
0.00
7,904,584.00 7,864,607.05 39,9/6.95
10
LA QUINTA REDEVELOPMENT AGENCY
EXPENDITURE SUMMARY
PROJECT AREA NO. 2:
07/01/2005-12131/05 REMAINING
BUDGET EXPENDITURES ENCUMBERED BUDGET
LOW/MODERATE BOND FUND
0.00
0.00
0.00
0.00
2nd TRUST DEEDS
0.00
0.00
0.00
0.00
LAND
BOND ISSUANCE COSTS
0.00
0.00
0.00
0.00
TRANSFERS OUT
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
TOTAL LOW/MOD BOND
LOW/MODERATE TAX FUND:
2,900.00
2,096.49
0.00
803.51
PERSONNEL
SERVICES
280,628.00
107,178.55
0.00
173,449.45
2ND TRUST DEEDS
852,693.00
0.00
0.00
852,693.00
2ND TRUST DEEDS FROM CENTERPOINTE
2,520,000.00
0.00
0.00
000
,422,493.00
48TH AND ADAMS - FROM CENTERPOINTE
1,423,203.00
710.00
0.00
1 ,2,93.00
WASH/MILES PROJECT
0.00
147,307.00
0.00
90,425.94
0.00
0.00
0.00
56,881.06
VISTA DUNES MOBILE HOME PARK
105,015.00
0.00
0.00
105,015.00
LOW MOD HOUSING PROJECT
776,239.00
0.00
0.00
776,239.00
47TH/ADAMS PROJECT
FORECLOSURE ACQUISITION
150,000.00
0.00
0.00
150,000.00
REIMBURSEMENT TO GEN FUND
350,708.00
175,353.97
0.00
175,354.03
TRANSFERS OUT
1,706,754.00
976,470.99
0.00
730,283.01
6,963,211.06
TOTAL LOW/MOD TAX
8,315,447.00
1,352,235.94
0.00
2004 LOW/MODERATE BOND FUND
51,021,866.00
48.00
0.00 51,021,818.00
HOUSING PROGRAMS
3,000,000.00
0.00
0.00 3,000,000.00
LAND
TRANSFERS OUT
3,361,986.00
734,308.15
0.00 2,627,677.85
TOTAL LOW/MOD BOND
57,383,852.00
734,356.15
0.00 56,649,495.85
DEBT SERVICE FUND:
195,970.00
750.00
0.00
195,220.00
SERVICES
A
PRINCIPAL
BOND PRININTECIPAL
200,000.00
100,000.00
0.00
100,000.00
BOND
319,168.00
160,646.25
0.00
158,521.75
INTEREST CITY ADVANCE
1,593,358.00
665,369.68
0.00
0.00
927,988.32
(388,254.00)
INTEREST CITY ADVANCE
(388,254.00)
11,726,665.00
0.00
818,549,69
0.00
10,908,115.31
PASS THROUGH PAYMENTS
4,293,642.00
0.00
0.00
4,293,642.00
PASS THROUGH PAYMENTS
1,706,754.00
976,470.99
0.00
730,283.01
TRANSFERS OUT
TOTAL DEBT SERVICE
19.647,303.00
2,721,786.61
0.00
16,925,516.39
CAPITAL IMPROVEMENT FUND:
2,900.00
2,095.46
0.00
804.54
PERSONNEL
SERVICES
195,162.00
21,829.32
0.00
173,332.68
ADVERTISING -ECONOMIC DEV
0.00
0.00
0.00
0.00
0.00
ECONOMIC DEVELOPMENT ACTIVITY
.00
23,903.00
0.
11,951.52
0.00
0.00
11,951.48
REIMBURSEMENT TO GEN FUND
6,776,933.00
6,479,143.45
0.00
297,789.55
TRANSFERS OUT
TOTAL CAPITAL IMPROVEMENT
6,998,898.00
6,515,019.75
0.00
483,878. 55
11
ATTACHMENT 2
La Quinta Redevelopment Agency
Mid -Year Review Budget Worksheet
Estimated Revenues
Summary by Fund:
Tax Increment
Interest
Other
Total
RDA PA 1 Debt Service Fund
$ 7,568,816
$ 206,900
$ 7,775,716
RDA PA 2 Debt Service Fund
5,046,775
275,000
5,321,775
RDA PA 1 Low Mod Fund
1,892,204
309,100
1,080,000
3,281,304
RDA PA 2 Low Mod Fund
1,261,694
127,500
1,389,194
RDA 2004 Housing Bond Fund
-
RDA PA 1 Capital Improvement Project
637,500
637,500
RDA PA 2 Capital Improvement Pr!�ect
42,900
7,824,584
7,867,484
Total
$ 15,769,489
$ 1,471,400
1 $ 9,032,084
1 $ 26,272,973
Appropriations
Summary by Fund:
Pass Throu h
ERAF
Housing
Interest
Total
RDA PA 1 Debt Service Fund
$ 3,533,673
$ (96,343)
$ 8,601
$ 3,445,931
RDA PA 2 Debt Service Fund
4,293,642
(388,254)
3,905,388
RDA PA 1 Low Mod Fund
-
RDA PA 2 Low Mod Fund
105,015
105,015
RDA 2004 Housing Bond Fund
-
RDA PA 1 Capital Improvement Project
-
RDA PA 1 Capital Improvement Project - Taxable
-
RDA PA 2 Capital Improvement Project
-
-
Total
1 $ 7,827,315
1 $ (96,343)
$ 105,015
$ (379,653)
$ 7,456,334
Change by Fund
Summary by Fund:
Revenues
Appropriations
Net
RDA PA 1 Debt Service Fund
$ 7,775,716
$ 3,445,931
$ 4,329,785
RDA PA 2 Debt Service Fund
5,321,775
3,905,388
1,416,387
RDA PA 1 Low Mod Fund
3,281,304
-
3,281,304
RDA PA 2 Low Mod Fund
1,389,194
105,015
1,284,179
RDA PA 1 Capital Improvement Project
637,500
-
637,500
RDA PA 2 Capital Improvement Project
7,867,484
-
7,867,484
Total
$ 26,272,973
$ 7,456,334
1 $ 18,816,639
Summary by Project Area:
Revenues
Appropriations
Net
PA 1
11,694,520
3,445,931
8,248,589
PA 2
14,578,453
4,010,403
10,568,050
Total
$ 26,272,973
$ 7,456,334
$ 18,816,639
ERAF Shift
Amount
FY 02/03
$ 723,518
FY 03/04
1,467,995
FY 04/05
2,780,728
FY 05/06
2,903,657
Total
7,875,898
12
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