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2006 04 04 CCeaf 4 401ba City Council Agendas are Available on the City's Web Page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting APRIL 4, 2006 — 2:00 P.M. Beginning Resolution No. 2006-026 Ordinance No. 427 CALL TO ORDER Roll Call: Council Members: Henderson, Kirk, Osborne, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: Time permitting the City Council 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 CITY'S REAL PROPERTY NEGOTIATOR DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND DISPOSITION OF REAL PROPERTY LOCATED ON JEFFERSON STREET, BETWEEN WESTWARD HO AND FIESTA DRIVE. PROPERTY OWNER/NEGOTIATOR: SIENNA CORP. City Council Agenda 1 April 4, 2006 •`� I RECONVENE AT 3:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council 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 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 City Council beginning consideration of that item. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY THE PROPERTY OWNERS ASSOCIATION OF RIVERSIDE COUNTY REGARDING THE COACHELLA VALLEY MULTI -SPECIES HABITAT CONSERVATION PLAN. 2. PRESENTATION OF A DONATION FROM WINDERMERE REALTY AND ORANGE COAST TITLE COMPANY FOR THE ANNUAL EASTER EGG HUNT AND CHALK DRAWING CONTEST. 3. PRESENTATION OF A DONATION FROM 123 FITNESS FOR THE EGG HUNT FOR ADULTS. WRITTEN COMMUNICATIONS 1. CORRESPONDENCE FROM BERNARD JACQUES DEBONNE REGARDING PROPOSAL FOR GENERAL PLAN AMENDMENT AND ANNEXATION. APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 21, 2005. City Council Agenda 2 April 4, 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 APRIL 4, 1994. 2. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31852, POLO ESTATES, MARK L. RINDLESBACH. 3. ADOPTION OF RESOLUTION APPROVING A STREET CLOSURE PERMIT FOR THE ANNUAL DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY TO BE HELD ON APRIL 15, 2006 ON AVENIDA BERMUDAS. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY LAURENCE DOUGHARTY: DATE OF LOSS - JANUARY 11, 2006. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY FARMERS INSURANCE COMPANY V THE CITY OF LA QUINTA: DATE OF LOSS - MAY 11, 2005. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY FARMERS INSURANCE COMPANY (SUBRO: YOLANDA MILLS) V THE CITY OF LA QUINTA: DATE OF LOSS- APRIL 7, 2005. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY ROSA VILLALOBOS: DATE OF LOSS - OCTOBER 18, 2005. 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28838-4, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28838-3, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. 10. AUTHORIZATION TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR A PARKS AND RECREATION MASTER PLAN UPDATE. 11. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29147-1, NORMAN ESTATES, WEISKOPF PARTNERS 1, LLC. 12. APPROVAL OF CITY COUNCIL GOALS FOR FY 2006/2007. 13. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM WINDERMERE REALTY AND ORANGE COAST TITLE COMPANY FOR THE ANNUAL EASTER EGG HUNT AND CHALK DRAWING CONTEST. 14. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM 123 FITNESS FOR THE EGG HUNT FOR ADULTS. City Council Agenda 3 April 4, 2006 t"� 15. ADOPTION OF A RESOLUTION, IN SUPPORT OF A PROPOSITION 42 FIX INITIATIVE, ENSURING FUTURE REVENUES RAISED BY PROPOSITION 42 ARE DEDICATED TO STATE AND LOCAL TRANSPORTATION PROJECTS ONLY. 16. APPROVAL OF AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING ON THE COACHELLA VALLEY FRINGE -TOED LIZARD HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD" TO PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL JUNE 30, 2006. BUSINESS SESSION 1. CONSIDERATION OF SPONSORSHIP PROPOSAL FROM KMIR-6 FOR NEW DRIVER CAR CONTROL CLINIC. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A REQUEST FROM ANDREA GASSMAN ON BEHALF OF DESERT BAR ASSOCIATION TO USE CITY MASCOT FOR EVENT. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION REGARDING THE DRAFT FISCAL YEAR 2006/2007 THROUGH 2010/201 1 CAPITAL IMPROVEMENT PROGRAM. 2. DISCUSSION OF CITY OF LA QUINTA MARKETING CONCEPTS FOR FISCAL YEAR 2006/2007. 3. DISCUSSION OF GOLF CART PLAN STATUS REPORT, STAGE 1, PHASE 1 FOR THE VILLAGE AND SURROUNDING AREAS. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 5. C.V. CONSERVATION COMMISSION (SNIFF) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (RON PERKINS) 7. C.V. MOUNTAINS CONSERVANCY (SNIFF) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) City Council Agenda 4 April 4, 2006 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 1 1 . PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON) 12. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 13. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 15. SAN JACINTO/SANTA ROSA NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SILVERROCK SUBCOMMITTEE 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. COMMUNITY SERVICES COMMISSION MINUTES OF MARCH 13, 2006 19. INVESTMENT ADVISORY BOARD MINUTES OF FEBRUARY 8, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS B. QUARTERLY MARKET REPORT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. REPORT ON UPCOMING EVENTS 4. BUILDING AND SAFETY DEPARTMENT MONTHLY REPORT - NONE 5. COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY REPORT - NONE 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT 7. FINANCE DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT MONTHLY REPORT - NONE 9. POLICE DEPARTMENT MONTHLY REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE NEW PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY MARKETING SLOGAN (COUNCIL MEMBER SNIFF). RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. PUBLIC COMMENT This is the time set aside for public comment on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three (3) minutes. Please watch the time clock on the speakers podium. City Council Agenda 5 April 4, 2006 PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to the start of City Council consideration of that item. The Mayor will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the La Quinta City Council before a public hearing may appear and be heard in support of, or in opposition to, the approval of project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION APPROVING TENTATIVE TRACT MAP 34185, THE SUBDIVISION OF 3.14 ACRES INTO NINE SINGLE-FAMILY LOTS AND OTHER PARCELS, LOCATED 425 +/- FEET WEST OF JEFFERSON STREET ALONG THE NORTH SIDE OF THE STORMWATER CHANNEL, SOUTH OF FIESTA DRIVE ACCESSED FROM HUMMINGBIRD LANE. APPLICANT: SIENNA CORPORATION A. RESOLUTION ACTION 2. JOINT PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS ON: 1) A REQUEST TO APPROVE SPECIFIC PLAN 2006-078, PROVIDING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR AN APARTMENT COMPLEX OF UP TO 250 UNITS AND ACCESSORY BUILDINGS; AND 2) SITE DEVELOPMENT PERMIT 2006-857, A REQUEST TO APPROVE BUILDING ELEVATIONS AND LANDSCAPE PLANS FOR A 218 UNIT APARTMENT COMPLEX AND 3) APPROVING AN AFFORDABLE HOUSING AGREEMENT FOR PROPERTY LOCATED NORTHWEST OF THE CORNER OF DUNE PALMS ROAD AND AVENUE 48, COACHELLA VALLEY HOUSING COALITION. A. RESOLUTION ACTION(S) ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on April 18, 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. City Council Agenda 6 April 4, 2006 DECLARATION OF POSTING I, June S. Greek, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of April 4, 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 1 1 1, on March 31, 2006. DATED: March 31, 2006 JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7025, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7025. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the 3:00 PM session or the 7:00 PM session. City Council Agenda 7 April 4, 2006 0 �"�tcrn 4 4 lap, (lam+ •�.,,'> . My name is Nancy Madson. I live in Thousand Palms in a conservation area. There isn't a provision in the CVMSHCP to bulldoze housing to create more habitat, therefore I shouldn't be affected by this plan. That being said, my property was originally sand source land. I didn't see it. Then my property became a wind corridor for the transport of sand. Yes, the wind blew, and some sand along with it. But my home did not impede the flow of sand. Anyone familiar with Thousand Palms will recognize that after a heavy rain, most of the fine silt is down around or on Ramon Road. This silt is crusted over and eventually becomes the PM 10 particles that are hazardous to health. All that is left up near the foothills are rocks and gravel. So now I understand that my property is neither a "sand source" nor a "wind corridor for the transport of sand," but a "wildlife corridor." Hmm, where's the science? I am a bit upset that fourteen years of first hand experience and observation doesn't hold a candle to the expert's scientific modeling. What I'm really confused about is "Didn't the experts realize that most of the really big sand dunes are south of Hwy 10?" What happened to that scientific modeling? But of course, it's a trade off. That property is way too expensive. Let's take land in Thousand Palms, Desert Hot Springs, and North Indio. I think it's a foregone conclusion to contest the science, as much as I'd like to. But my major concern is for the small property owners and developments already being planned. I know the plan states that property owners will be paid fair market value. But that still leaves much unclear. What is the value of property to an owner who pays property tax for 10, 15, or 20 years while unable to build on that property while waiting for the funding to purchase his property? Please take a look at the funding for this plan. The trails users were able to work out a compromise. Now, they're all gung-ho for this to move forward. And I understand that some large developers met in private with CVAG. But what about the small property owners? Can't more be done to assure that they do not bear an undo burden of providing for conservation? I've been reading the letters to the editor from people who are in favor of this plan. Some call developers "GREEDY" And landowners, people like myself, are called "SELFISH" for not wanting to give up a part of their property for conservation. I am asking La Quinta to join with Indio, Desert Hot Springs, and Cathedral City in pursuing additional negotiations with CVAG and the wildlife agencies in making this plan fairer to everyone involved. I am asking someone to step up to the plate and make a pitch for the landowners, not just for the city interests. Property owners' interests should be the cities' interest. Nancy Madson P.O. Box 1024 Thousand Palms, CA 92236 760/ 398-1515 3/7/06 2 REIN # -I A COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Presentation of a Donation from 123 Fitness for the Egg Hunt for Adults AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1 Representatives of Fit 123 would like to make a presentation regarding a donation for the Easter Egg Hunt for Adults event. The Egg Hunt for Adults is in its second year. The egg hunt attracted over 50 adults ages 18 and over last year. The event budget is $300. However, the additional expenses to supply quality prizes for the hunt have increased. This resolution for the donation has been placed on the April 4, 2006 Consent Calendar. Respectfully submitted, Edie Hylton, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Presentation of a Donation from Windermere Realty and Orange Coast Title Company for the Annual Easter Egg Hunt and Chalk Drawing Contest AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: M, Representatives of Windermere Realty and Orange Coast Title Company would like to make a presentation regarding a donation for the Easter Egg Hunt for the Annual Easter Egg Hunt and Chalk Drawing Contest. The annual Egg Hunt and Chalk Drawing Competitions are held each spring and attract more than 1,000 children ages 12 and under. The event budget is $800. However, the attendance at the event increases each year, requiring additional supplies. This resolution for the donation has been placed on the April 4, 2006 Consent Calendar. Respectfully submitted, Edi4 Hylton, Community Services Director Approved for submission by: Thomas P. Genovese, City Manager 1"/J. c , ' '%r� rat City Council Minutes 14 March 21, 2006 (�W&4x � hAl'.J __� HA Council Member Osborne asked if they've advocated the program for the City of Palm Desert, and if they see the program as the best opportunity to get control of the red -light -running problem in La Quinta. Sergeant Shields stated the City of Indian Wells is the only other city he knows they have advocated the program for, and it's his understanding they view it as a public safety issue. He believes the red light program is the best solution for red light enforcement at the intersection of Highway 111 and Washington Street because of the number of vehicles and size of the intersection. Council Member Osborne inquired about the status of the City getting control of the traffic signals on Highway 111 . He also asked about the status of the pedestrian crossings on Dune Palms Road and Miles Avenue. Mr. Jonasson stated he believes progress is being made in negotiations with CalTrans. As for the pedestrian crossings, the equipment has been ordered, and installation is scheduled to begin during spring break. In reference to traffic signal timing throughout the City, he stated the traffic engineer has developed timing sheets that force the signals into � at lea , he minimum yellow and all red standards so the City is protected iftimingbecomes an issue. He has also worked with CalTrans to get timing consistency on Highway 111. Mayor Adolph stated he has noticed the left -turn signal at Highway 111 and Washington Street changes to yellow and red while the straight -through traffic light is still green. He voiced concern about the left -turn and straight - through lights not changing at the same time. In response to Mayor Adolph, Sergeant Shields stated it's his understanding that the City of Indian Wells intends to continue the camera program. Council Member Henderson asked if there would be an option for a sole source, and having direct communication with ATS. She also asked if the company would be allowed to have a BETA contract with more than one city. Ms. Jenson stated if it's truly a cost-free program except for officer time, it may be exempt under the City Code. Council Member Henderson voiced concern that there may be some unrealistic expectation of a "cost-free" program, and stated she understands WRITTEN CORRESPONDENCE ITEM: BERNARD JACQUES DEBONNE March 9, 2006 Mr. Don Adolph, Mayor Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA. 92253 Dear Mayor Adolph and City Council: I am the owner of the following properties: 1. 11.8 acres located at the northeast corner of . Jefferson Street and Avenue 52 (APN: 772-270-019-5) City of La Quinta) We (my architectural firm and I) have recently met with Douglas Evans, Community Development Director, concerning this property and we will be submitting a Commercial Development soon. 2. 40 acres located at the Northeast corner of Monroe Street and Avenue 56 (APN: 767-360-009) as well as several parcels totaling 117 acres at the northeast and southeast corners of Monroe Street and Avenue 57 (APN: 764-090-001, 764-130-001/003/004/006/009, 764-010-090) all located in the Vista Santa Rosa Communitv of Interest in the County of Riverside. My understanding is that said properties are within the boundaries of the proposed expansion of the La Quinta Sphere of Influence. During another meeting with Mr. Evans, I have raised the possibility of a commercial project at the northeast corner of Monroe Street and Airport Blvd. 73-1 1 1 EL PASEO SUITE 206 PALM DESERT, CALIFORNIA 92260 POST OFFICE BOX 1 935 PALM DESERT, C A L I F 0 R N I A 92 26 1 _ TELEPHONE (760) 674-4949 FAX (760) 674-0142 CELL (760) 774-0433 EMAIL bdebonne(n`Fcrfhh!-l" r-' 3. I am also the owner of, or am in escrow to purchase, approximately 480 acres located east of Jackson Street between Avenues 62 and 64, (APN owned: 753-110-004/005/027/028/029/030, 753-110-031/032/033/034, APN in escrow 753-110-001) all located in the Vista Santa Rosa Community of Interest and in the County of Riverside. It is my understanding that said properties are not located in any County of Riverside Redevelopment area. Moreover, it is my understanding that LAFCO has previously suggested that these property could be considered for a Sphere of Influence Amendment so long as the City of La Quinta modifies the Generai Plan to include said properties. Consequently, please consider this letter as a formal request that the La Quinta City Council consider the properties listed under number 3 above to be included in the La Quinta General Plan. I would assume all costs related to the process of amending the General Plan. Thank you for your consideration. V r t my ours, Bernard Debonne Cc: Thomas Genovese, City Manager Douglas Evans, Community Development Dir. Wayne Fowler, Analyst, LAFCO MANDARINA POMELO ST 0 ZENDA DR z CETR11VO � "01P► o LIGA 'n z NCn S' 52ND A` E Vco G D O 53RD AVE z D 54TH AVE W N VIA ZAHIDI 51 ST AVE N J I-- Na a z on � 3 J = O c U. N a V LL W Z CO) 55TH AVE "i ELLA AV55TH AVE 400 O -� z "' 9 � -i IRPORT BLV G W D C VILLAGE D AIRPORT BLV O -- s 70 to w m .oA O r z v MERION r HERMITAGE O ISILLA ST 58TH AVE IJ IL OM FAZIO LN S o 51H AVE O �■ z T rm 60TH AVE 3 N O z ��N p Ica �0 m Op �HAWKEYE DR I PIRKER DR 62ND AVID D T D n m v N CA O z ch z CO) CA J64TH AVE ■ � � OEM" � Debonne Properties I I I I I I I I I 0 0.5 1 2 Miles UVA AVE L D N 59TH AVE _ z0 � D z W c X m z 61 ST AVE CA � City Limit QDebonne Properties 62ND AVE T4t,Vl a 4 (V 4 QuAr4 AGENDA CATEGORY. COUNCIL/RDA MEETING DATE: April 04, 2006 ITEM TITLE: Demand Register Dated April 04, 2006 RECOMMENDATION: Approve Demand Register Dated April 04, 2006 BACKGROUND: Prepaid Warrants: 67768 - 677861 124,452.15 67787 - 678211 20,808.30 67822 - 678221 150.00 67823 - 678241 22,811.21 Voids} (380.00) Wire Transfers} 151,965.78 P/R 33197 - 332161 157,281.58 P/R Tax Transfers } 40,118.05 Payable Warrants: 67825 - 679441 1,349,143.61 $1,866,350.68 FISCAL IMPLICATIONS: Demand of Cash -City $1,668,289.22 Demand of Cash -RDA $198,061.46 R�John M. Falconer, Finance Director BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING rl415 CITY OF LA QUINTA BANK TRANSACTIONS 03/17/06 - 03/29/06 03/22/06 WIRE TRANSFER - LANDMARK 03/22/06 WIRE TRANSFER - ICMA 03/22/06 WIRE TRANSFER - PERS 03/29/06 WIRE TRANSFER - PERS $129,678.80 $6, 968.14 $14,888.84 $430.00 TOTAL WIRE TRANSFERS OUT $151,965.78 t:V ON 0 1 I 0 00 1 1 \ 1 Y J I .O I U.:( I O 1 W F- I O I S O I W N d' C7 W 1 I Q ro I I a M: I 1 O Z 1 I CC F-- I I W O� 1 I CL O I I CI_ I r• I O W Z w I Z I H I�al I- 1 0 1 Z I M W I O I Q I O I \I U I W U I U ( U (n t Q I z ►+ I I F- LL I I H O 1 I M I I W F- I t W W I I Z I Ix W m Z Y z Q m m W F- (N H 0 W w Y L) (JJ S v w J m Q Q d (N F- Z D O V v Q a ON ►, O Z .. 0� Ln O Y LL.z H Q O J m c- Q U O (D O QQ O I- U- N J Z \.OH(// 00 't =J NM C'1-J \m W MC7Q3 O J in .. 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I I Q F- O I I F- H I I O p N I I F- Z Q I I 111 1 I p d I I Z X I I Q W I 1 I I O 1 I Z I I M O 1 1 O Z I I U I I U I 1 Q I I I I 1 I I I 1 W I 1 M I I in w I 1 Y Q I 1 U p 1 I W I 1 2 1 I U I I I Y I 1 Z I I m I N ►+ 1 I •• Z I I I • O 1 -It O 1 O Z I LL. I I ► 1 CL I Q I W W O 1 U IM: W Z I 10 I Q 2 I O 1 Z U I O Q 1 1 N F- I Q� O 1 \JZ 1 O> 1 �O011H I p I r-- Kl D I Z I \M C'i 1 LLI I Ml E I > I O(DQ I I J I 1 LLJ I LLJ E tL I O U I Nl IY Q 0 1 Z H I N Q c I 00 1 �o d 0} I p> Z I N LLJ 0 F- I Z Z I O Of w H I ui H 1 O d d U I> 1 0 +�7 WZ / i COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Adoption of a Resolution Granting Conditional Approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31852, Polo Estates, Mark L. Rindlesbach RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31852, Polo Estates, Mark L. Rindlesbach, Trustee. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31852 is located south of Avenue 52 and west of Madison Street (Attachment 1). This residential development will consist of 14 numbered lots on approximately 8.47 acres (Attachment 2). On August 17, 2004, the City Council approved Tentative Tract Map No. 31852. The developer has requested the City Council's conditional approval of the Final Map, which will allow 30 days for completion of its processing. To date, the SIA (Attachment 3) has been executed by the developer but the associated securities have not yet been received. The Final Map is technically complete and is being routed for signatures. The developer expects that the associated securities and all signatures will be in place within the time allowed for its conditional approval. City staff has prepared the attached Resolution, which provides for conditional approval of the Final Map and SIA. The approval is contingent upon receipt within 30 days (May 4, 2006), of a technically correct Final Map, suitable for recording by the County Recorder, with all required signatures (except the City Clerk) and associated securities. Once these items are received, the City Clerk will affix the City Seal to the Final Map and offer the Final Map for recording by the County Recorder. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after all required items have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31852, Polo Estates, Mark L. Rindlesbach, Trustee; or 2. Do not adopt a Resolution of the City Council granting conditional approval of a Final Map and Subdivision Improvement Agreement for Tract Map No. 31852, Polo Estates, Mark L. Rindlesbach, Trustee; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. J asso E. Public Works irector/ City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Tract Map 3. Subdivision Improvement Agreement 29 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT MAP NO. 31852, POLO ESTATES, MARK L. RINDLESBACH, TRUSTEE, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS, the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time as specified by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 3 Resolution No. 2006- Tract Map No. 31852, Polo Estates Adopted: April 4, 2006 Page 2 Section 1 . The final map for Tract Map No. 31852 is conditionally approved provided the subdivider submits all required items on or before May 4, 2006. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative tract map, the Subdivision Map Act and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements to the City Engineer's satisfaction. A. Place appropriate securities in accordance with the approved Subdivision Improvement Agreement. B. Finalize the final Tract Map and obtain all necessary signatures. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 4, 2006. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval 2 Resolution No. 2006- Tract Map No. 31852, Polo Estates Adopted: April 4, 2006 Page 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of April 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 062 5 ATTACHMENT I 0 L w r LO j Q 13381S NOSIOb'W 133a-LS NOS�0-4.43r im MR 1 LO 0 w 0 0 0 0 0 0 X�� 3 6 N ATTACHMENT 2 0 of uj I_ o Mg� cc LU Q t � F` o W y l� 3 Q � `G< a z 3 z� Lu- a ao EO f � agoo' po ca - W W co Q W n > 2 ��� � '(a -CC Z cc ag oZ�c U4 6 Cc,�� J � � a co co Iva cc Ld U U cc `o m ~ tVve CO2 �^ v gam` ' O (hoc 3 LU C) co RUN N W .4,19 $ E- _z'3v's a a � _�����a Id Q U- i w '� F � lit,is ^ZW) >� Wk s 5 Q� Q tigg W W� N a Gum ps�W^"��p �` �NO V7jW�`3<~ Y NYe W� W vJ w co uj Z � _�� W ��y �y,, W� � � � W W� ���6o+�io ����JC � � ` O� N���� � 2 p 1•� V Wig 2 '�=2W�=��Ex''_`-��&,`W� � � Z �� 0 7 C Op cc LU b p ti � N cc @ -0 § w n �! I'g G WSmoo 06 C Q n . 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M ,(Zf! 00 N c\ — 66.26' U 100.83 W167.09' Ozzow N �(J gp15 OO80'0 7 IIW H $I p 11 N r� \ r�M ! 3.0tLpy0 N .' ui W' y+ t }k a ,Z1T91 M ,ZZ.H.00 N I N 6 f 6lgo b zl Q 00 Z h N �_ b %a = =^ t I ^ ^Iq `vi,8f ri U) $ b h b1 tnl It -ad 1' zz 2 I ��--- p3.IStt � c W �61.9� RL \ v 019 ZZJ c C% bi Al9l,8l1lS N p. C dl)8l7 N tgp'5'22 f!7 C21 �� `,� N R�0 N �I b � ZI W � •�^ n b CO 2 2 ZY69 B6'SLl IB'6l! is"!Ll 99"ZtCO ss ss ,19.669 3 ,fd,01.00 N ,00•oa L6-S6/99l '8'W til 107 9LllZ 'ON lOt/LiL Zl 107 rl 101 10 ATTACHMENT 3 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31852 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMQ4T AGREEMENT (the Agreement) is made and entered into this day of /77/9/2cl—f , 20 'Z00� , by and between MARK L. RINDLESBACH, TRUSTEE, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31852 (the "TRACT') pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the pefformance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. T:Wroject Development DivisionlDevelopment Projects%greements\SIA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc 1 of 7 11 B. Improvement security shall conform with Section 66499 of the California Government Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or TRACT map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc 2 of 7 12 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the ,� one-year warranty period, there are one or more outstanding requests by City #or performance of work or provision of materials under the terms of the warranty, warranty TAProject Development Division\Development Projects\Ngreements\SIA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc 3 of 7 13 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations hereunder. 7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. ( I TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc 4 of 7 14 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bindthe ,► heirs, executors, administrators, assigns, and successors of the parties hereto. TAProject Development Division\Development Projects\Agreements\SlA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc 5 of 7 15 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attomeys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Cleric Date Developer: Rindlesbach Construction Inc. j7/Z.Olez/7- 2489 East Haven Lane Holladay, UT 84 '/ tten:Mark . indle ach By: 'ttik- -zoo ( '.C=0 ������ Date Title: MMOFUVMCOU Y OR Av r .ln ON'! By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date VQIG Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\ONSITE_SIA.doc OF YM MI NE EDMW THAT NMMlYIN,1CI x� NOTARY PU IC KEN PARRY by*roF 1304 S Foothill Dr Salt Lake City, UT 84108 My Commission Expires April 28, 2009 STATE OF UTAN ! 73 6 of 7 16 Exhibit A SECURITY — TRACT MAP NO.31852 ON -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the TRACT and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required TRACT improvements are complete and accepted by the City Council. Improvement Description Grading Street Domestic Water Storm Drain Dry Utilities Sewer Monumentation Totals Standard 10% Contingency Total Construction Cost Professional Fees, Design 10% Professional Fees, Const 10% Bond Amount Performance Labor & Materials $ 79,685 $ 79,685 $ 104,348 $ 104,348 $ 286,572 $ 286,572 $ 38,814 $ 38,814 $ 67,410 $ 67,410 $ 2,100 $ 578,929 $ 576,829 $ 57,893 $ 57,683 $ 636,822 $ 634,512 $ 63,682 $ 63,451 $ 63,682 $ 63,451 $ 764,186 $ 761,414 7 4 TAProject Development DMsion\Development Projects\Agreements\.SIA\SIAs in ProgresstPolo Estates TM 31852\ONSITE_SIA.doc 7 of 7 17 CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT TRACT MAP NO.31852 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROV EN AGREEMENT (the "Agreement') is made and entered into this TeP�X7"�ffl �� day of /7�� 20 by and between MARK L. RINDLESBACH, TRUSTEE, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and filed a final map or Tract map (the "Map") of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Tract No. 31852 (the "Tract") pursuant to the provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act"). B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). C. The Improvements have not been installed and accepted at this time. D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish original improvement plans meeting the requirements of the City Engineer. 2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and other improvements required to be constructed or agreed to be constructed under this Agreement as listed in Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. A. One class of security to be provided by Subdivider, hereinafter referred to as performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory Improvements"), and payment of plan check and permit fees. A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as 'Warranty security," shall serve as a guarantee and warranty of the Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and accepted by the City Council and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. (I oats TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 1 of 7 B. Improvement security shall conform to Section 66499 of the Califomia Govemment Code and one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to cant' out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall, be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the Improvements. 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. - The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 2 of 7 076 19 security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.13., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days written notice by registered or certified mail, return receipt requested. G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of paragraph B. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty Me+ M TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE—SIA.doc 3 of 7 r 20 security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdividers obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 7. Force Mayeure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. tj TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 4 of 7 21 Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. 13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors, administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers, employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions, or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance herein under, including costs of suit and reasonable attorneys' fees. 16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 18. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 5 of 7 1179 22 C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Thomas P. Genovese, City Manager ATTEST: City Clerk Developer: Rindlesbach Construction Inc. 2489 East Haven HYladay, UT SIA417 Atten: Mark L indle oh By: w Title: By: Title: Reviewed and Approved: City Engineer Approved as to Form: City Attorney Date Date ON IM ' pMI�IMr ar. o �tr Date PAVE, � M1�1�140tN.r� � �� NKJl���1C NOTARY PUBLIC Date � of Hsry KEN PARRY 1304 S Foothill Dr Salt Lake City, UT 84108 v 19.7 .y My commission Expires 9� April 28, 2009 1896 STATE OF UTAH Date TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 6of7 f) 8Q 23 Exhibit A OFF -SITE SECURITY — TRACT MAP NO.31852 Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Street $ 127,112 $ 127,112 8' Meandering Sidewalk $ 14,985 $ 14,985 10' Equestrian Trail $ 20,440 $ 20,440 Perimeter Landscaping $ 108,000 $ 108,000 Relocate Existing Telephone Poles $ 180,000 $ 180,000 Sign & Striping $ 1,925 $ 1,925 Totals $ 452,462 $ 452,462 Standard 10% Contingency $ 45,246 $ 45,246 Total Construction Cost $ 497,708 $ 497,708 Professional Fees & Plans, Design 10% $ 49,771 $ 49,771 Professional Fees, Const 10% $ 49,771 $ 49,771 Bond Amount 780,618 780,618 TAProject Development Division\Development Projects\Agreements\SIA\SIAs in Progress\Polo Estates TM 31852\OFFSITE_SIA.doc 7 of 7 91 24 COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Adoption of a Resolution Approving a Street Closure Permit for the Annual Don Berry Memorial Greater Coachella Valley Soap Box Derby to be Held on April 151 2006 on Avenida Bermudas RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 3 Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 15, 2006. FISCAL IMPLICATIONS: None for this item. Funds were included in the 2005-2006 Operating budget for this event. The amount of $2,800 was budgeted for the Soap Box Derby operating materials in Account No. 101-7003 431 .56-52. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 14, 2006, representatives of the Don Berry Memorial Greater Coachella Valley Soap Box Derby applied for a temporary use permit to hold their annual event on Saturday, April 15, 2006, between the hours of 5:00 a.m. and 7:00 p.m. The Community Development Department will issue Temporary Use Permit 2006-616 after they receive comments from potentially affected agencies. The proposed race route is identical to the route used in previous years, and requires the closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and closure of the side streets to the west that connect to Avenida Navarro, which include Calle Arroba, Calle Colima, Calle Monterey, Calle Chihuahua, and Calle Nogales. T:\PWDEPT\COUNCIL\2006\04-04-06\Soap Box.doc Temporary street closures are allowed if the City Council adopts a Street Closure Resolution pursuant to Municipal Code Section 12.32. If the Resolution is adopted, the Public Works Department will issue an Encroachment Permit pursuant to Municipal Code Section 12.16 that requires implementing traffic safety measures including traffic control signs, barricades, and other safety measures. The temporary street closure will have minimal impacts on the surrounding area because other streets adjoining the site are available to provide access to the surrounding residential properties. The affected property owners will be notified of the upcoming event pursuant to the conditions of Temporary Use Permit 2006-616. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community because specific conditions will be imposed as a part of Temporary Use Permit 2006-61 6. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 15, 2006; or 2. Do not adopt a Resolution of the City Council approving the temporary closure of Avenida Bermudas between Calle Arroba. and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for the annual Don Berry Memorial Greater Coachella Valley Soap Box Derby on April 15, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, imothy on4'o n, P.E. "'� Public W Dictor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager T:\PWDEPT\COUNCIL\2006\04-04-06\Soap Box.doc 2 RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO ALLOW THE TEMPORARY CLOSURE OF AVENIDA BERMUDAS BETWEEN CALLE ARROBA AND CALLE NOGALES, AND THE SIDE STREETS TO THE WEST THAT CONNECT TO AVENIDA NAVARRO, ON APRIL 15, 2006, FROM 5:00 A.M. TO 7:00 P.M. FOR THE GREATER COACHELLA VALLEY SOAP BOX DERBY WHEREAS, the Don Berry Memorial Greater Coachella Valley Soap Box Derby has applied for City Council approval to close Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro, for their special outdoor event to be held April 15, 2006; and WHEREAS, the City Council on the 4th day of April, 2006, reviewed and heard public testimony on this request to temporarily close Avenida Bermudas between Calle Arroba and Calle Nogales and those interconnecting streets to the west between the hours of 5:00 A.M. and 7:00 P.M.; and WHEREAS, the City Council finds the following facts and reasons to justify approval of said temporary street closure: 1 . The temporary street closure is allowed based on Chapter 12.32.080 (D) of the Municipal Code which permits the City Council, by Resolution, to designate "temporary no parking" areas by placing signs adjacent to the street curb. The posting of "no parking" signs and installation of traffic barricades in all areas necessary to ensure traffic safety shall be completed as required by the Public Works Encroachment Permit. 2. The temporary street closure will have minor impacts on the area because other streets adjoining the site are available to provide access to the immediate neighbors surrounding the race event. The affected property owners will be notified of the upcoming event as required by Temporary Use Permit 2006-616. 3. The City can grant an encroachment permit to allow activities on public streets for specific periods if legitimate reasons are found to allow the closure and safety standards (Chapter 12.16 of the Municipal Code, Traffic -Control Devices) are provided, such as traffic barricades and "no parking" signs to ensure that the public is not "at risk" while attending the special event. 4. Approval of the temporary street closure will not create conditions that may threaten the public health and safety needs of the community at the various events because specific conditions will be imposed and shall be met. n 8 4 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. That the above citations are true and correct and constitute the findings and requirements of the City Council in this case. Section 2. The City Council approves the closure of portions of Avenida Bermudas between Calle Arroba and Calle Nogales, and the side streets to the west that connect to Avenida Navarro (Exhibit "A"'), from 5:00 A.M. to 7:00 P.M. subject to conditions imposed by the Public Works and Community Development Departments. Section 3. The City Engineer, or his designee, will issue an Encroachment Permit (Chapter 14.16 of the Municipal Code) to the Don Berry Memorial Greater Coachella Valley Soap Box Derby regulating the closure of the streets provided certain traffic control standards and the Conditions of Approval for Temporary Use Permit 2006-616 are met. Section 4. "No parking" signs will be posted (Chapters 12.16 and 12.32 of the Municipal Code) as required by the Public Works Director, a minimum of 24-hours prior to the event. The Riverside County Sheriff's Department will tow any unauthorized vehicle within this area at the time of the event. Section 5. In case of bad weather, the City Manager is authorized to reschedule the street closure provided all conditions of approval under Temporary Use Permit 2006-616 are met. Section 6. The Don Berry Memorial Greater Coachella Valley Soap Box Derby personnel shall obtain an Encroachment Permit from the Public Works Department, including a traffic control plan, prior to closing the streets, and make arrangements to install all traffic safety signs and barricades prior to the closure of said streets. Section 7. A condition of Temporary Use Permit 2006-616 shall be to have Riverside County Sheriff's Department personnel on hand to assist the applicant with on -site security and provide traffic control measures needed to carry out the street closure permit. Section 8. The City Council authorizes City staff or other assigned safety personnel to close the event if at any time all safety standards are not being met, and thus could jeopardize those persons attending the function; and Section 9. The City Clerk shall cause this Resolution to be posted after its adoption. i❑ PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4th day of April 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 466 5 . EXHIBIT'A' na& DON BERRY MEMORIAL GREATER COACHELLA VALLEY SOAP BOX DERBY I I ._J L =U Celle No ales W Calle Chihuahua t ^I A o o Li :v o vA W Calle Monterey 0 W Calle Col'una Calle Arroba Celle Chillon__1 LOL 4 OF COUNCIL/RDA MEETING DATE: April 4, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR:_ by Laurence Dougharty—Date of Loss: January 11, 2006 STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Laurence Dougharty, with a reported date of loss of January 11, 2006. rIA A A I IA Af1I IA A TIAAI A The total amount of the claim was $ 147.00. CHARTER CITY IMPLICATIONS: None. A claim was filed by Laurence Dougharty with a reported date of loss of January 11, 2006 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. r-I1kIr%1K1e%n A Mir% A l Tr MRI A T11/r'c+_ The alternatives available to the City Council include: r 1. Deny the Claim for Damages filed by Laurence Dougharty with a reported date of loss of January 11 , 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, U �t John Ruiz, Personnel/Risk ager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Laurence Dougharty, Claim for Damages 2 FILE WITH: CLAIM FOR DAMAGES, ATTACHMENT 1 MY rl FRK'C f1FFIrF City of La Quinta TO PERSON OR PROPERTY CLAIM NO. P.O. Box 1504 La Quinta, CA 92253 Q INSTRUCTIONS�- 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 911.2.) M 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. M, -TI ry c7 Code § 911.2.) 3. Read entire claim form before filing. M,5. 4. See page 2 for diagram upon which to locate place of accident. c ,= This claim form must be signed on page 2 at bottom. ca � 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. -- TO: [Name of City] � L Qo -'\ Date of of CWanant C OI, w Name of Claimant: Occupation of Claimant: Home Address of Claimant City and State Home Telephone of Claimant: LA G , Business Address of Claimant City and State Business Telephone of Claimant Give address and telephone number to which you desire notices or communications to be sent Claimants Social Security No.: regarding claim: 46-11CIO �u ���;� rGG) -LJ When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: 1 III 12-(,)oeTime: Q to C, i If Claim is for Equitable Indemnity, give date claimant served with the complaint Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: LG:�( i�. �'�'�<< k�Lh G'i ���^�Y�C. �v.� QQIVNA(- 'ev\ Ire! �Ac e C�VACA Wci ►hL V'� A Describe in detail how the DAMAGE or INJURY occurred. �A C� cj Nq IeH sl(�c Why do you claim the city is responsible? l. ��� V Describe in d tail each INJURY or DAMAGE Cl V, wI?Vkk A fL 'r�kf. e �(A'0t U + k C J -y-'?o.cyc" J 1C 1� l\\ 6 JIB T� 11T�`i�1C\�' WIr" <' C�����i G� LV ' t(A SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SID The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ..................... $ y 7. Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ 0 Loss of earnings ........................ $ — Other prospective special damages ..........$ 0 Special damages for ..................... $ Prospective general damages ..............$ 0 Total estimated prospective damages .......$ ;? General damages . .................... $ Total damages incurred to date .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by poll ? 140 If so, what city? Were paramedics or ambulance called? W 0 If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have information: Name Address Name Address Name Address Phone Phone Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor Address Phone Doctor Address Phone READ CAREFULLY For all accident claims place on following diagram name of streets, including North, accident by "A 1" and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by "X" and by showing house by 13-1" and the point of impact by "X." numbers or distances to street comers. If City Vehicle was involved, designate by letter "A' location of City Vehicle when you first saw it, and by "B" location of yourself NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant. SIDEWALK CURB SIDEWALK Signature of Claimant or person filing on his behalf giving relationship Typed Name: Date: to Claimant i KgkE: MUX SEi LED JITH CITY CLERK (Gov. Code § 915a.) Presentation of a false claim is a felony (Pe . ode § 72.) 4 La Quinta Car Wash La Quinta Detail Department Car -wash J CUSTOMER NAME DATE ADDRESS CITY, STATE, ZIP MAKE MODEL YEAR LICENSE# SOLD BY: DESCRUPTION AMOUNT f'/ /4- CUSTOMERS' COMMENTS 4903 "THANK YOU" NOT A RECEIPT La Quinta Car Wash 78992 Highway 111 760-777-1181 # 01"1112of)(5, 111:5P'At1 `Alift# 1, V'TTt Wa:"Jj .lilt Sub t 0 t a l7.0() T a x TotTota 1 0.00 7.00 L P ll 3 F I y 8 . p C a r # 5 9 6 THIS IS NOT A RECEIPT! Please take this ticket to f" 1114 t- pt14 04r I 4. 71 I i h r� /���Vll11U�J0.12SI1 OF COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Denial of Claim for Damages Filed by Farmers Insurance Company — Date of Loss: May 11, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 5 Deny the Claim for Damages filed by Farmers Insurance Company, with a reported date of loss of May 11, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $ 2,429.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Farmers Insurance Company with a reported date of loss of May 11, 2005 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed th6 matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: M1 1. Deny the Claim for Damages filed by Farmers Insurance Company with a reported date of loss of May 11 , 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, V John Ruiz, Personnel/Risk,Piiager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Farmers Insurance Company, Claim for Damages 2 1013/2005 TH 14:52 FAX 760 i77 1101 City Manager_ La Quinta FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta TO PERSON OR PROPERTY P.O. Box 1504 La Quinta, CA 92253 INSTRUCTIONS . 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence_ (Gov_ Code § 911.2.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon wNch to locate place of eoddent 5. Ttus claim form must be signed on page 2 at bottom. U. Attach separate sheets, d necessary, to give full details. SIGN EACH SHEET. ATTACHMENT 1 CLAIM No. �(X �-71 l e2)U0� � TO: [Name of City] Ct � C3 � L� � � Date of Birth o � n .C, �� � c7 Name of Claimant ��cr � '* t �`3L1�� t�cx rpation of grit Nam Home Address of Claimant; City and State Horge Tele honqoMlaim4m Q.-O Business Address of Claimant: City and State Bu ' Tewneof Ct nt Give address and * one number to which you de4e notices or communications to be sent Claimant's Social Security No.: regarding claim: Q�Dk (Cl i )arf3 (cOr f a ram.►_ ,-___ _ �- ►_. null -7�\ r--)r „ When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE' Date: -�5 1 t 110 'T _ Time. 10_ If Claim is for Equitable Indemnity, give date claimant served with *fie complaint: Date: Where did DAMAGE or INJURY occur? Describe fully, and locate on diagram on reverse side of this sheet. Where appropriate, give street names and address and measurements from landmarks: '�5 LA7 ti - C— r a 52D7 r-cl Describe in detal how the DAMAGE or INJURY occurred. r �r�k�V ,r- Why do you Bairn the city is responsible? C S��>- i► Describe in detail each INJURY or DAMAGE SEE }SAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE o 96 OCT 13,2005 14:44 760 777 7101 Page 101/13/2005 THU 14:32 FAX 760 777 7101, City tanager, La Quinta 4003/ 003 The amount claimed, as of the date of presentation of this claim, is computed as follow,: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property ............. ....... $ Future expenses for medical and hospital care Expenses for medical and hospital care ..... $ Future loss of earnings ....................$ Loss of earnings ....... ...... I .......... $--- Other prospective special damages .......... $ Special damages for ..................... $ Prospective general damages ..... I ........$ c �sC>4�:! �-- Total estimated prospective damage$ .......$ General damages ...............C......6-r .. $ Total damages incurred to dab .......... $ Total amount claimed as of date of presentation of this claim: $ Was damage and/or injury investigated by police? It so, what city? Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial Visit WITNESSES to DAMAGE or INJURY: List all persons and addresses of persons known to have Information: AddMss'b\U;Q() Z>,- Phone I (P C) Name Address Phone Name Address Phone DOCTOR AND HOSPITALS-. Hospital Address Phone Doctor Address Phone DoctDr Address Phone READ CAREFULLY For all accider4daims pLx* on following diagram name of struts, including North, accident by "A-i" and location of yourself or your vehicle at the time, of the accident East, Soull-, And West Micate place of aoddent by W and by showing house by'9-1" and the point of impact by IX" numbers or distances to street comers. K City Vehicle was involved, de:�Wate by Wfer IN location of C4 Vbhide when you first saw it, and by V k=tlon of yourself NOTE: l(dizigrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehide; location of City vehicle at time of signed by claimant t z SIDEWALK -9 CURB PARKWAY 77JI SIDEWALK Signature of Claimant or person filing on his behalf giving rely to Claimant MUST BE FILED VYI-TH CITY CLERK (0ov. Code � 91 CURB c-y -C) Presentation of a false claim is a felony (Pen- Code § 72.) 09" OCT 13,2005 14:45 760 777 7101 Page A Sr ut�� FARMERS 10/05/2005 Pete Mcnulty 5465 Morehouse Dr. Suite 150 San Diego, CA 92121 Re: Our Insured: Our Claim #: Date of Loss: Your Insured: Your Claim #: Deductible Amount: Loss of Use Amount: Total Amount Owed: Dear Pete Mcnulty: National Document Center P.O. Box 7-68992 Oklahoma City, OK 73126-8992 claimsdocument0farmersinsurance.com FAX: 877-217-1389 Mr. W Richard Mills 099 SUB 1007163427-1 05/11/2005 City Of La Quinta S304294PMQ $500.00 $0.00 $29154.09 We have made payment to our insured for damages resulting from this accident. Our investigation has established that the above loss was caused by the negligence of your driver. By virtue of our subrogation rights this letter is to advise you that we expect payment from you for the amount of damages within 14 days of the receipt of this letter. Be advised that no partial payment, which is less than the full amount claimed herein, will be considered in any way an acceptance of benefits, a novation or an accord and satisfaction of this claim without the express written release of our claim executed by an individual who identifies himself/herself as a member of our subrogation department. Therefore, our legal rights to enforce collection on the remaining amount of the claim shall not be waived or estopped due to a partial payment by you. If you need additional support for our claim or require further information, please call me at 951-243-6042 with your FAX number so that the requested information can be sent to you. Sincerely, Farmers Insurance Exchange Robin Kelley Auto Subrogation Representative Robin.Kelley@FarmersInsurance.com Carl Warren And Company ATTACHMENT(S) 5 10/02/2005 AT 04:43 PM 16403 FARMERS INSURANCE EXCHANGE SAN DIEGO NORTH CLAIMS SERVICE CENTER P.O. BOX 268994 OKLAHOMA CITY, OK 73126-8994 (951)347-4292 FAX: (951)246-7187 ESTIMATE OF RECORD WRITTEN BY: BOGUS, RUSS 10/02/2005 04:28 PM ADJUSTER: BOGUE, RUSS 1007163427-1-1 INSURED: W RICHARD MILLS CLAIM #1007163427-1-1 OWNER: W RICHARD MILLS POLICY #00585596420 ADDRESS: 81600 TIBURON DR DATE OF LOSS: 05/11/2005 AT 10:34 PM LA QUINTA, CA 92253 TYPE OF LOSS: COMPREHENSIVE DAY: (760)777-8400 POINT OF IMPACT: 16. NON -COLLISION EVENING: (760) 777-8400 INSPECT RESIDENCE OTHER LOCATION: 81600 TIBURON DR. LA QUINTA, CA REPAIR 11 DAYS TO REPAIR FACILITY: LICENSE # 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN VIN: WDBJF55F9VA437573 LIC: FOREUYO CA PROD DATE: 05/1997 ODOMETER: 67718 CONDITION: EXCELLENT AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL TELESCOPIC WHEEL INTERMITTENT WIPERS CLIMATE CONTROL KEYLESS ENTRY THEFT DETERRENT/ALARM BODY SIDE MOLDINGS DUAL MIRRORS PRIVACY GLASS ROOF CONSOLE ELECTRIC GLASS SUNROOF TRACTION CONTROL FOG LAMPS CLEAR COAT PAINT METALLIC PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER DRIVER SEAT POWER PASSENGER SEAT POWER MIRRORS AM RADIO FM RADIO STEREO CASSETTE SEARCH/SEEK CD CHANGER/STACKER ANTI -LOCK BRAKES (4) DRIVER AIR BAG PASSENGER AIR BAG FRONT SIDE IMPACT AIR BAG 4 WHEEL DISC BRAKES LEATHER SEATS BUCKET SEATS AUT01ATIC TRANSMISSION OVERDRIVE ALUMINUM/ALLOY WHEELS ------------------- ------------------------------------------------------------ NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------ -------------------- ---------------- ----------- ------------- ------------- 1 REAR DOOR 2 REFN RT DOOR SHELL 1.9 3 ADD FOR CLEAR COAT 0.8 4# RPR PREP RIGHT REAR DOOR CHIPS 1.0 FOR PAINT 5 REFN LT DOOR SHELL 1.9 6 OVERLAP MAJOR ADJ. PANEL -0.4 7 ADD FOR CLEAR COAT 0.3 ono I 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 8# RPR PREP LEFT REAR DOOR CHIPS FOR 1.0 PAINT 9 R&I RT BELT MOLDING 0.3 10 R&I LT BELT MOLDING 0.3 11 R&I RT APPLIQIIE PANEL 0.4 12 R&I LT APPLIQIIE PANEL 0.4 13 R&I RT BODY SIDE MLDG 0.3 14 R&I LT BODY SIDE MLDG 0.3 15 REPL RT MOVEABLE GLASS MERCEDES 1 62.00 0.6 16** SIIBL QIIAL REPL PARTS TINT RIGHT 1 42.00 X REAR DOOR GLASS +20% 17 REPL LT MOVEABLE GLASS MERCEDES 1 62.00 0.6 18* R&I RT RUN CHANNEL 0.3* 19** SIIBL QIIAL REPL PARTS TINT LEFT 1 42.00 X REAR DOOR GLASS +20% 20* R&I LT RUN CHANNEL 0.3* 21 REPL RT FIXED GLASS MERCEDES 1 24.50 0.6 22** SIIBL QIIAL REPL PARTS TINT RIGHT 1 24.00 X REAR DOOR FIXED GLASS +20% 23 REPL LT FIXED GLASS MERCEDES 1 24.50 0.6 24** SIIBL QIIAL REPL PARTS TINT LEFT 1 24.00 X REAR DOOR FIXED GLASS +20% 25* R&I RT DIVISION BAR 0.3* 26* R&I LT DIVISION BAR 0.3* 27 R&I RT LOWER SEAL 0.1 28 R&I LT LOWER SEAL 0.1 29 R&I RT HANDLE, OUTSIDE FROM 3/97 0.4 30 R&I LT HANDLE, OUTSIDE FROM 3/97 0.4 31 R&I RT R&I TRIM PANEL 0.5 32 R&I LT R&I TRIM PANEL 0.5 33 R&I RT WEATHERSTRIP 0.6 34 R&I LT WEATHERSTRIP 0.6 35 QUARTER PANEL 36 REFN RT QUARTER PANEL W/0 HOLE 2.4 37 OVERLAP MAJOR ADJ. PANEL -0.4 38 ADD FOR CLEAR COAT 0.4 39# RPR PREP RIGHT QUARTER CHIPS FOR 1.0 PAINT 40 REFN LT QUARTER PANEL W/O HOLE 2.4 41 OVERLAP MAJOR ADJ. PANEL -0.4 42 ADD FOR CLEAR COAT 0.4 43# RPR PREP LEFT QUARTER CHIPS FOR 1.0 PAINT 44 REFN FUEL DOOR 45 ADD FOR CLEAR COAT 46 R&I RT MOLDING 47 R&I LT MOLDING 48 TRUNK LID 2 0.2 0.2 0.3 0.1 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EST. PRICE LABOR PAINT ------------------------------------------------------------------------------- 49 R&I CYL & KEYS W/REMOTE FROM 3/97 0.4 N 50 REFN LID 2.3 51 OVERLAP MAJOR ADJ. PANEL -0.4 52 ADD FOR CLEAR COAT 0.4 53 REPL EMBLEM 1 6.50 0.2 54 REPL NAMEPLATE E320 1 25.00 0.2 55 R&I LID TRIM 0.4 56* R&I CYL & KEYS SEAL 0.1* 57 R&I TRUNK LID TRIM W/O WARNING 0.5 TRIANGLE 58 INSTRUMENT PANEL 59 R&I CD CHANGER 0.5 60 REAR LAMPS 61 R&I RT TAIL LAMP ASSY ON QUARTER 0.4 PANEL 62 R&I LT TAIL LAMP ASSY ON QUARTER 0.4 PANEL 63 RPL BOTH TAIL LAMPS ON TRUNK 0.6 LID 64 R&I RT TAIL LAMP ASSY ON TRUNK LID INCL. 65 R&I LT TAIL LAMP ASSY ON TRUNK LID INCL. 66 REAR BUMPER 67 R&I R&I BUMPER ASSY 1.0 68 ELECTRICAL 69 R&I ANTENNA ASSY 0.3 70# RPR RESET ELECTRICAL CODES DUE TO 1.0 DE -TRIMMING 71# RPR NET SAND, RUB OUT, AND/OR BUFF 3.0 72 OTHER CHARGES 73# E.P.C. 1 5.00 ------------------------------------------------------------------------------- SUBTOTALS ==> 341.50 22.2 12.0 LINE 50 : REFINISH DECKLID FOR COLOR MATCH TO QUARTER PANELS DUE TO LOCATION OF PAINT CHIPS IN QUARTER PANELS --- NO VISIBLE SAND PITTING TO DECKLID. PARTS 2 0 4. 5 0 �� fir PARTS DISCOUNT $ 31.50 -5.0% -1.58 BODY LABOR 22.2 HRS @$ 42.00/HR 932.40 PAINT LABOR 12.0 HRS @$ 42.00/HR 504.00 PAINT SUPPLIES 12.0 HRS @$ 28.00/HR 336.00 SUBLET/MISC. 132.00 OTHER CHARGES 5.00 ---------------------------------------------------- SUBTOTAL $ 2112.32 SALES TAX $ 538.92 @ 7.7500% 41.77 3 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ---------------------------------------------------- TOTAL COST OF REPAIRS $ 2154.09 ADJUSTMENTS: DEDUCTIBLE 500.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 1654.09 IF YOU HAVE COVERAGE FOR DAMAGE TO YOUR VEHICLE UNDER THIS POLICY IT IS OUR OBLIGATION TO INFORM YOU THAT UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER 5, SECTION 2695.8.D.2.E, YOU HAVE THE RIGHT TO SELECT THE VEHICLE REPAIR FACILITY OF YOUR CHOICE. WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMOTIVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW. IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE. AUTO BODY REPAIR CONSUMER BILL OF RIGHTS A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY MAY NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN +� o 3 ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK j LJ 10 PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING SERVICES. THE INSURER SHALL PAY REASONABLE TOWING AND STORAGE CHARGES INCURRED BY THE INSURED TO PROTECT THE VEHICLE AND PROVIDE REASONABLE NOTICE TO AN INSIIRED BEFORE TERMINATING PAYMENT FOR STORAGE CHARGES SO THAT THE INSIIRED HAS TIME TO REMOVE THE VEHICLE FROM STORAGE. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. 4 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR COMPLAINTS CONCERNING THE REPAIR OF A VEHICLE BY AN AUTO BODY REPAIR SHOP SHOULD BE DIRECTED TO: TOLL FREE (800) 952-5210 CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF AUTOMOTIVE REPAIR 10240 SYSTEMS PARKWAY SACRAMENTO, CA 95827 THE BUREAU OF AUTOMOTIVE REPAIR CAN ALSO ACCEPT COMPLAINTS OVER ITS WEB SITE AT: WWW.AUTOREPAIR.CA.GOV COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER ANY CONCERNS REGARDING HOW AN AUTO INSURANCE CLAIM IS BEING HANDLED SHOULD BE SUBMITTED TO THE CALIFORNIA DEPARTMENT OF INSURANCE AT: (800) 927-HELP OR (213) 897-8927 CALIFORNIA DEPARTMENT OF INSURANCE CONSUMER SERVICES DIVISION 300 SOUTH SPRING STREET LOS ANGELES, CA 90013 THE CALIFORNIA DEPARTMENT OF INSURANCE CAN ALSO ACCEPT COMPLAINTS OVER ITS WEB SITE AT: WWW.INSURANCE.CA.GOV ALL SUPPLEMENTS MUST BE PRE -APPROVED BEFORE ANY WORK CAN BE COMPLETED. IF THE ABOVE ESTIMATE INCLUDES A NAPA PART PRICE, THE REPAIR FACILITY MUST COMPLETE A ONE TIME SET UP WITH THEIR LOCAL NAPA RETAILER IN ORDER TO RECEIVE THE SPECIAL FARMERS PREFERRED PARTS PROGRAM PRICING. TO ACCOMPLISH SET UP, CONTACT YOUR LOCAL NAPA RETAILER AND ASK THEM TO INSERT BILLING CODE NUMBER 9066 INTO YOUR CUSTOMER BILLING PROFILE. THE 9066 CODE WILL ENABLE YOUR REPAIR FACILITY TO RECEIVE SPECIAL PRICING ON ALL NAPA PARTS AND/OR SUPPLIES PURCHASED. IF YOU DO NOT ALREADY HAVE A LOCAL NAPA RETAILER ACCOUNT, PLEASE CALL 1-800 LET-NAPA FOR YOUR NEAREST NAPA LOCATION. 5 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINIIED PART A -APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QIIANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QIIANTITY QUAL RECY=QIIALITY RECYCLED PART QUAL REPL=QIIALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES 12 APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. ESTIMATE BASED ON MOTOR CRASH ESTIMATING GIIIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GIIIDE ERI5716 DATABASE DATE 08/2005, CCC DATA DATE 08/2005, AND THE PARTS SELECTED ARE OEM -PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM PARTS ARE OEM PARTS THAT ARE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OE/VEHICLE DEALERSHIPS. OPT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (-) ITEMS INDICATE MOTOR NOT -INCLUDED LABOR OPERATIONS. NON -ORIGINAL EQIIIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QIIAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QIIAL RELY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN (#) ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. 6 10/02/2005 AT 04:43 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 13 7 10/02/2005 AT 04:43 PM 16403 1007163427-1-1 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 0 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 4 10'7 14 8 10/02/2005 AT 04:43 PM 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN VEHICLE RECALLS 1007163427-1-1 THE NATIONAL HIGHWAY TRANSPORTATION AND SAFETY ADMINISTRATION (NHTSA) HAS ISSIIED 1 SAFETY -RELATED RECALL NOTICE(S) THAT MAY APPLY TO THE SELECTED VEHICLE. NHTSA ID: 0OV388000 ISSIIED: 11/21/00 NO. OF VEHICLES: 00016255 VEHICLE DESCRIPTION: PASSENGER VEHICLES. SOME OF THESE VEHICLES HAVE EXPERIENCED SIDE AIR BAG DEPLOYMENTS IN THE ABSENCE OF A CRASH. INADVERTENT SIDE AIR BAG DEPLOYMENT COULD CAUSE PERSONAL INJURY TO THE SEAT OCCUPANT. 15 DEALERS WILL REPLACE THE DRIVER AND PASSENGER DOOR MOUNTED SIDE AIR BAG MODULES. AT THE SAME TIME, DEALERS WILL ALSO INSPECT THE CONDITION OF THE SIDE AIR BAG MODULE WIRING WITHIN THE DOORS AND REPLACE THAT WIRING IF THERE IS ANY EVIDENCE OF DAMAGE. OWNER NOTIFICATION IS EXPECTED TO BEGIN DURING DECEMBER 2000. OWNERS WHO TAKE THEIR VEHICLES TO AN AUTHORIZED DEALER ON AN AGREED UPON SERVICE DATE AND DO NOT RECEIVE THE FREE REMEDY WITHIN A REASONABLE TIME SHOULD CONTACT MERCEDES-BENZ AT 1-800-367-6372. ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S AUTO SAFETY HOTLINE AT 1-888-DASH-2-DOT (1-888-327-4236). ire 10/02/2005 at 04:29 PM 16403 FARMERS INSURANCE EXCHANGE San Diego North Claims Service Center P.O. Box 268994 Oklahoma City, OK 73126-8994 (951)347-4292 Fax: (951)246-7187 ESTIMATE OF RECORD Written By: Bogue, Russ 10/02/2005 04:28 PM Adjuster: Bogue, Russ 1007163427-1-1 Insured: W RICHARD MILLS Claim #1007163427-1-1 Owner: W RICHARD MILLS Policy #00585596420 Address: 81600 TIBURON DR Date of Loss: 05/11/2005 at 10:34 PM LA QUINTA, CA 92253 Type of Loss: Comprehensive Day: (760)777-8400 Point of Impact: 16. Non -Collision Evening: (760)777-8400 Inspect Residence OTHER Location: 81600 Tiburon Dr. La Quinta, CA Repair 11 Days to Repair Facility: License # 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN VIN: WDBJF55F9VA437573 Lic: FOREUYO CA Prod Date: 05/1997 Odometer: 67718 Condition: Excellent Air Conditioning Rear Defogger Tilt Wheel Cruise Control Telescopic Wheel Intermittent Wipers Climate Control Keyless Entry Theft Deterrent/Alarm Body Side Moldings Dual Mirrors Privacy Glass Roof Console Electric Glass Sunroof Traction Control Fog Lamps Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Passenger Seat Power Mirrors AM Radio FM Radio Stereo Cassette Search/Seek CD Changer/Stacker Anti -Lock Brakes (4) Driver Air Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Leather Seats Bucket Seats Automatic Transmission Overdrive Aluminum/Alloy Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 REAR DOOR 2 Refn RT Door shell 1.9 3 Add for Clear Coat 0.8 4# Rpr PREP RIGHT REAR DOOR CHIPS 1.0 FOR PAINT 5 Refn LT Door shell 1.9 6 Overlap Major Adj . Panel 110 7 Add for Clear Coat 0.3 1 17 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ---------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 8# Rpr PREP LEFT REAR DOOR CHIPS FOR 1.0 PAINT 9 R&I RT Belt molding 0.3 10 R&I LT Belt molding 0.3 11 R&I RT Applique panel 0.4 12 R&I LT Applique panel 0.4 13 R&I RT Body side mldg 0.3 14 R&I LT Body side mldg 0.3 15 Repl RT Moveable glass Mercedes 1 62.00 0.6 16** Subl Qual Repl Parts TINT RIGHT 1 42.00 X REAR DOOR GLASS +200 17 Repl LT Moveable glass Mercedes 1 62.00 0.6 18* R&I RT Run channel 0.3 19** Subl Qual Repl Parts TINT LEFT 1 42.00 X REAR DOOR GLASS +200 20* R&I LT Run channel 0.3 21 Repl RT Fixed glass Mercedes 1 24.50 0.6 22** Subl Qual Repl Parts TINT RIGHT 1 24.00 X REAR DOOR FIXED GLASS +200 23 Repl LT Fixed glass Mercedes 1 24.50 0.6 24** Subl Qual Repl Parts TINT LEFT 1 24.00 X REAR DOOR FIXED GLASS +200 25* R&I RT Division bar 0.3 26* R&I LT Division bar 0.3 27 R&I RT Lower seal 0.1 28 R&I LT Lower seal 0.1 29 R&I RT Handle, outside from 3/97 0.4 30 R&I LT Handle, outside from 3/97 0.4 31 R&I RT R&I trim panel 0.5 32 R&I LT R&I trim panel 0.5 33 R&I RT Weatherstrip 0.6 34 R&I LT Weatherstrip 0.6 35 QUARTER PANEL 36 Refn RT Quarter panel w/o hole 2.4 37 Overlap Major Adj. Panel -0.4 38 Add for Clear Coat 0.4 39# Rpr PREP RIGHT QUARTER CHIPS FOR 1.0 PAINT 40 Refn LT Quarter panel w/o hole 2.4 41 Overlap Major Adj. Panel -0.4 42 Add for Clear Coat 0.4 43# Rpr PREP LEFT QUARTER CHIPS FOR 1.0 PAINT 44 Refn Fuel door 0.3 45 Add for Clear Coat 0.1 46 R&I RT Molding 0.2 47 R&I LT Molding 0.2 48 TRUNK LID 2 18 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ---------------------------------------------------------------- 49 R&I Cyl & keys w/remote from 3/97 0.4 N 50 Refn Lid 2.3 51 Overlap Major Adj. Panel -0.4 52 Add for Clear Coat 0.4 53 Repl Emblem 1 6.50 0.2 54 Repl Nameplate "E320" 1 25.00 0.2 55 R&I Lid trim 0.4 56* R&I Cyl & keys seal 0.1 57 R&I Trunk lid trim w/o warning 0.5 triangle 58 INSTRUMENT PANEL 59 R&I CD changer 0.5 60 REAR LAMPS 61 R&I RT Tail lamp assy on quarter 0.4 panel 62 R&I LT Tail lamp assy on quarter 0.4 panel 63 Rpl both tail lamps on trunk 0.6 lid 64 R&I RT Tail lamp assy on trunk lid Incl. 65 R&I LT Tail lamp assy on trunk lid Incl. 66 REAR BUMPER 67 R&I R&I bumper assy 1.0 68 ELECTRICAL 69 R&I Antenna assy 0.3 70# Rpr RESET ELECTRICAL CODES DUE TO 1.0 DE -TRIMMING 71# Rpr Wet Sand, Rub out, and/or Buff 3.0 72 OTHER CHARGES 73# E.P.C. 1 5.00 ------------------------------------------------------------------------------- Subtotals ==> 341.50 22.2 12.0 Line 50 REFINISH DECKLID FOR COLOR MATCH TO QUARTER PANELS DUE TO LOCATION OF PAINT CHIPS IN QUARTER PANELS --- NO VISIBLE SAND PITTING TO DECKLI D . Parts 204.50 Parts Discount $ 31.50 -5.0% -1.58 Body Labor 22.2 hrs @ $ 42.00/hr 932.40 Paint Labor 12.0 hrs @ $ 42.00/hr 504.00 Paint Supplies 12.0 hrs @ $ 28.00/hr 336.00 Sublet/Misc. 132.00 Other Charges 5.00 ---------------------------------------------------- SUBTOTAL $ 2112.32 Sales Tax $ 538.92 @ 7.75000 41.77 3 112 19 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ---------------------------------------------------- TOTAL COST OF REPAIRS $ 2154.09 ADJUSTMENTS: Deductible 500.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 1654.09 If you have coverage for damage to your vehicle under this policy it is our obligation to inform you that Under California Code of Regulations, Title 10, Chapter 5, Section 2695.8.d.2.e, you have the right to select the vehicle repair facility of your choice. WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMOTIVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW. IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE. Auto Body Repair Consumer Bill of Rights A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY MAY NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING SERVICES. THE INSURER SHALL PAY REASONABLE TOWING AND STORAGE CHARGES INCURRED BY THE INSURED TO PROTECT THE VEHICLE AND PROVIDE REASONABLE NOTICE TO AN INSURED BEFORE TERMINATING PAYMENT FOR STORAGE CHARGES SO THAT THE INSURED HAS TIME TO REMOVE THE VEHICLE FROM STORAGE. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. 4 20 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (800) 952-5210 California Department of Consumer Affairs Bureau of Automotive Repair 10240 Systems Parkway Sacramento, CA 95827 The Bureau of Automotive Repair can also accept complaints over its web site at. www.autorepair.ca.gov COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-HELP or (213) 897-8927 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov All supplements must be pre -approved before any work can be completed. "If the above estimate includes a NAPA part price, the repair facility must complete a one time set up with their local NAPA retailer in order to receive the special "Farmers Preferred Parts Program pricing. To accomplish set up, contact your local NAPA retailer and ask them to insert billing code number 9066 into your customer billing profile. The 9066 code will enable your repair facility to receive special pricing on all NAPA parts and/or supplies purchased. If you do not already have a local NAPA retailer account, please call 1-800 LET-NAPA for your nearest NAPA location." 1,14 5 21 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER`S QUALIFICATION AND VALIDATION PROGRAM. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ERI5716 Database Date 08/2005, CCC Data Date 08/2005, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM parts are OEM parts that are provided by or through alternate sources other than the OE/Vehicle dealerships. OPT OEM parts may reflect some specific, special, or unique pricing or discount. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not -Included Labor operations. Non -Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Some 2006 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. CCC Pathways - A product of CCC Information Services Inc. 115 on 22 10/02/2005 at 04:29 PM 1007163427-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN VEHICLE RECALLS The National Highway Transportation and Safety Administration (NHTSA) has issued 1 safety -related recall notice(s) that may apply to the selected vehicle. NHTSA ID: 0OV388000 Issued: 11/21/00 No. of vehicles: 00016255 Vehicle Description: Passenger Vehicles. Some of these Vehicles have experienced side air bag deployments in the absence of a crash. Inadvertent side air bag deployment could cause personal injury to the seat occupant. Dealers will replace the Driver and passenger door mounted side air bag modules. At the same time, Dealers will also inspect the condition of the side air bag module wiring within the doors and replace that wiring if there is any evidence of damage. Owner notification is expected to begin during December 2000. Owners who take their Vehicles to an authorized Dealer on an agreed upon service date and do not receive the free remedy within a reasonable time should contact Mercedes-Benz at 1-800-367-6372. Also contact the National highway traffic safety administration's auto safety hotline at 1-888-dash-2-dot (1-888-327-4236). 7 23 CRN PhotoWizard ODOMETER - 67,718 VIN LS -DOOR GLASS PITTED, TINT LS -GLASS PITTED SCRATCHED Page 1 of 5 117 24 CRN PhotoWizard ROOF - LEADING EDGE PITTED RF - ID Page 2 of 5 LF - ID FRONT - WINDSHIELD PITTED 118 25 CRN PhotoWizard RF - OUTER ROOF RAIL PITTED RR - QUARTER SAIL PANEL PITTED RR - DOOR PITTED LR - QUARTER PITTED Page 3 of 5 ors 26 CRN PhotoWizard LR - ID Page 4 of 5 LR - DOOR PITTED I LS - DOOR DING - PRIOR r%a 27 28 -_- U M �, Yam, ..gv OF COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Denial of Claim for Damages Filed by Farmers Insurance Company (SUBRO: Yolanda Mills) — Date of Loss: April 7, 2005 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: PIP Deny the Claim for Damages filed by Farmers Insurance Company (SUBRO: Yolanda Mills), with a reported date of loss of April 7, 2005. FISCAL IMPLICATIONS: The total amount of the claim was $ 5,730.00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A claim was filed by Farmers Insurance Company (SUBRO: Yolanda Mills) with a reported date of loss of April 7, 2005 (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: f)r) 1. Deny the Claim for Damages filed by Farmers Insurance Company (SUBRO: Yolanda Mills) with a reported date of loss of April 7, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, v John Ruiz, Personnel/Risk M ager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Farmers Insurance Company (SUBRO: Yolanda Mills), Claim for Damages N 10i 13/2005 THIS 14 : 52 FAX 760 777 7101 City Manager, La Quinta -:�r-- la'6 ATTACHMENT 1 FILE W": CLAIM FOR DAMAGES WYL VV D'�'"� C" CLERKS OFFICE City of La Quinta TO PERSON OR PROPERTY CLAIM NO_ P.O. Box'1504 NOS OPT 20 Aft 11 49 La Quinta, CA 92253 T Y OF LA QUINT A INSTRUCTIONS C 1. Claims for death, injury to person or to personal property must be filed not later than six months after C I Y CLERKS OFFICE the occurrence, (Gov. Code § 911Z) ccu 2. Claims for damages to real property mustt be filed not later than 1 year after the occurrence_ (Gov_ Code § 911.2.) 3_ Read enfire claim form before filing. 4_ See page 2 far diagram upon which to locate place of aocident. 5. 7his claim form mast be signed on page 2 at bottom. 6. Attach separate abets, if necessary, to give full details. SIGN EACH SHEE f_ TO: [Name of City] aA-4A v F Le, (2) U--m.+a Date of Birth of Glaimnt: Name of Claimant U' m -4- ► o 0-7 ► 31 c o Occupation of Claimant; Home Address of Claimant; City and State Horne Telephone of Claimant Business Address of Claimant: City add State Business Telephone of Claimant Give address and telephone number to which you desire notices or communications to be sent Claimant's Social Security No.: regarding Wim: PO 3 G 51 to o-4 a- �k.--1, tam When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE, Date: LI I '7 � Time: I D O&�- If Claim is for Egtritawe Indemnity, give date claimant server! Wth the complaint Date: Where did DAMAGE or INJURY occur? Describe fuliv. and locate on diaoram on averse side of this sheet. Where aaDrorrriate. give street names and address and mea rements from landmarks: 0_r� 7. , 0 4-� eAWA& Vqt- Got F C-Oun S l3' I-a't6t P LZ" C6 daj �. hoc 64jo O B c v 4-ke Pj-,eo 07L- Describe in detail how the DAMAGE or INJURY occurred. Why do you claim the city is responsible? Desc r be in detail each INJURY or DAMAGE SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVMSE SIDE 1_ 2 4 3 OCT 13,2005 14:44 760 777 7101 Page 2 10 / 131/11.0 0 5 THU 14 : 'a' 2 FAX 760 777 7101 City Manager- La Quinta 4003/003 The amount claimed, as of the date of presentation of this claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Damage to property .............. $ 3 0n Future expenses for medical and hospital care .Expenses f6r medical and hospital care $ Future loss of earnings ....... — ........ Loss of eamings ... ......... —.1 ...... $ Other prospective special damages .......... $ Special damages for .............. ...... $ Prospective general damages ..............$ 1;-0 q Total estimated prospective damages .......$ General damages ... r-,r-f \,;v Q4 ..... C)o Total dan ta-ges incurred to date .......... $ Total amount claimed as of date of presentation of this claim: Was damage and/or injury investigated by police? If so, what Were paramedics or ambulance called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial Visit WITNI IFS to DAMAGE ogr.,INJURY: List �aQ persons and addresses of persons know to have IriftirrnaLion: I Co vy\on Address LSZsOE,\C�r-lc-t I Ph e Name Address Phone Name Address, Phone DOCTOR AND HOSPITA1-S-, Hospital Address Phone Doctor Address Phone Doctor Address Phone REWCAPEFULLY For all acddeotdaims ptam on following diagram name of street, including North, aoWentbyA-l'and location of yoursed or your vehicle at the time of the accident East, South, And West indicate plate of aWdent by W and by showing house by -&-l" and the POW of impact by 'X' numbers or ftWms to street comers. If City Vehicle was involved, designate by letf:er'N (cKzW of Qr rVehWe when you first saw k and by 46" location of yourself NOTE: II'diagrams below do not t tie slhiatibn, attach hereto a proper diagram or your vehide when you W saw Ofty Vehide; location of city vehicle af e of cl tim -signed by dalmeat CURB PARKWAY $IDEWALK 7711 or person Ming on to NOTE: CLAJMS MUST BE FILED W)TH CfTY C- C �y -Sur I I I -T I C) C5 Code § 915a.) Presentation of a false daim is a felony (Pen- Code § 7Z) I f", T) OCT 13,2005 14:45 760 777 7101 Page 3 FARMERS c 10/05/2005 Carl Warren And Company Attn: Pete Mcnulty 5465 Morehouse Dr., Ste 150 San Diego, CA 92121 Re: Our Insured: Our Claim #: Date of Loss: Your Insured: Your Claim #: Deductible Amount: Loss of Use Amount: Total Amount Owed: Dear Pete Mcnulty: National Document Center P.O. Box 268992 Oklahoma City, OK 731l26-8992- claimsdocumentCa-)farmersinsurance.com FAX: 877-217-1389 Mr. W Richard Mills 099 SUB 1007163110-1 04/07/2005 City Of La Quinta S304294PMQ $500.00 $0.00 $5,230.56 We have made payment to our insured for damages resulting from this accident. Our investigation has established that the above loss was caused by the negligence of your insured. By virtue of our subrogation rights this letter is to advise you that we expect payment from you for the amount of damages within 14 days of the receipt of this letter. Be advised that no partial payment, which is less than the full amount claimed herein, will be considered in any way an acceptance of benefits, a novation or an accord and satisfaction of this claim without the express written release of our claim executed by an individual who identifies himself/herself as a member of our subrogation department. Therefore, our legal rights to enforce collection on the remaining amount of the claim shall not be waived or estopped due to a partial payment by you or someone acting on your behalf. If you need additional support for our claim or require further information, please call me at 951-485-5084 with your FAX number so that the requested information can be sent to you. Sincerely, Farmers Insurance Exchange Mic Mullaney Auto Triage Subrogation Representative michael.mullaney@fannersinsurance.com ATTACHMENT(S) 126 5 120 10/02/2005 AT 04:08 PM 16403 FARMERS INSURANCE EXCHANGE SAN DIEGO NORTH CLAIMS SERVICE CENTER P.O. BOX 268994 OKLAHOMA CITY, OK 73126-8994 (951)347-4292 FAX: (951)246-7187 ESTIMATE OF RECORD WRITTEN BY: BOGUS, RIISS 10/02/2005 03:49 PM ADJUSTER: BOGUE, RIISS 1007163110-1-1 INSURED: W RICHARD MILLS CLAIM #1007163110-1-1 OWNER: W RICHARD MILLS POLICY #00585596420 ADDRESS: 81600 TIBURON DR DATE OF LOSS: 04/07/2005 AT 10:34 AM LA QIIINTA, CA 92253 TYPE OF LOSS: COMPREHENSIVE DAY: (760)777-8400 POINT OF IMPACT: 16. NON -COLLISION EVENING: (760)777-8400 INSPECT RESIDENCE OTHER LOCATION: 81600 TIBURON DR. LA QIIINTA, CA REPAIR 21 DAYS TO REPAIR FACILITY: LICENSE # 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN VIN: WDBJF55F9VA437573 LIC: FOREUYO CA PROD DATE: 05/1997 ODOMETER: 67718 CONDITION: EXCELLENT AIR CONDITIONING REAR DEFOGGER TILT WHEEL CRUISE CONTROL TELESCOPIC WHEEL INTERMITTENT WIPERS CLIMATE CONTROL KEYLESS ENTRY THEFT DETERRENT/ALARM BODY SIDE MOLDINGS DUAL MIRRORS PRIVACY GLASS ROOF CONSOLE ELECTRIC GLASS SUNROOF TRACTION CONTROL FOG LAMPS CLEAR COAT PAINT METALLIC PAINT POWER STEERING POWER BRAKES POWER WINDOWS POWER LOCKS POWER DRIVER SEAT POWER PASSENGER SEAT POWER MIRRORS AM RADIO FM RADIO STEREO CASSETTE SEARCH/SEEK CD PLAYER ANTI -LOCK BRAKES (4) DRIVER AIR BAG PASSENGER AIR BAG FRONT SIDE IMPACT AIR BAG 4 WHEEL DISC BRAKES LEATHER SEATS BUCKET SEATS AUTOMATIC TRANSMISSION OVERDRIVE ALUMINUM/ALLOY WHEELS ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FRONT BUMPER 2 REFN BUMPER COVER E300/E320/E430 2.6 3# RPR PREP FRONT COVER FOR PAINT 3.0 4* REFN CAP TOW EYE - LEFT * 0.3* 5* REFN CAP TOW EYE - RIGHT * 0.3* 6 REFN MOLDING W/O PARKTRONIC 1.0 7# RPR PREP MOULDING FOR PAINT 1.5 8 O/H FRONT BUMPER 3.5 f 1 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 9 REPL RT UPPER COVER 1 77.00 INCL. 10 REPL LT UPPER COVER 1 77.00 INCL. 11 HOOD & GRILLE 12 REPL GRILLE ASSY 1 316.00 0.4 13 REFN HOOD 3.0 14 OVERLAP MAJOR ADJ. PANEL -0.4 15# RPR PREP HOOD FOR PAINT 2.5 16* R&I EMBLEM 0.2* 17* R&I DUCT COVER 0.5* 18* R&I AIR DUCT 0.5* 19 FRONT LAMPS 20 REFN RT LOWER COVER W/O LAMP WASH 0.4 21# RPR PREP RIGHT LOWER COVER 0.5 22 REFN LT LOWER COVER W/O LAMP WASH 0.4 23# RPR PREP LEFT LOWER COVER 0.5 24 RPL BOTH HEADLAMPS 1.0 25 REPL RT HEADLAMP ASSY W/O XENON 1 370.00 INCL. LAMPS 26 AIM HEADLAMPS 0.5 27 REPL LT HEADLAMP ASSY W/O XENON 1 370.00 INCL. LAMPS 28 R&I RT LOWER COVER W/O LAMP WASH 0.2 29 R&I LT LOWER COVER W/O LAMP WASH 0.2 30 FENDER 31 REFN RT FENDER 2.2 32 OVERLAP MAJOR ADJ. PANEL -0.4 33# RPR PREP RIGHT FENDER FOR PAINT 1.0 34 REFN LT FENDER 2.2 35 OVERLAP MAJOR ADJ. PANEL -0.4 36# RPR PREP LEFT FENDER FOR PAINT 1.0 37 R&I RT UPPER MOLDING SEDAN 0.2 38 R&I LT UPPER MOLDING SEDAN 0.2 39 R&I RT LOWER MOLDING 0.2 40 R&I LT LOWER MOLDING 0.2 41 WINDSHIELD 42* REPL WINDSHIELD MERCEDES W/RAIN 1 394.00 INCL.* SENSOR 43# SUBL INSTALL WINDSHIELD 1 65.00 X 44 REPL UPPER MOLDING 1 58.00 INCL. 45** REPL QUAL REPL PARTS WINDSHIELD 1 40.00 SEAL KIT 46 FRONT DOOR +� 47 REFN RT DOOR SHELL 2.2 s� N. 48 OVERLAP MAJOR ADJ. PANEL -0.4 49# RPR PREP RIGHT FRONT DOOR FOR 1.5 PAINT 50 REFN LT DOOR SHELL 2.2 51 OVERLAP MAJOR ADJ. PANEL -0.4 oq 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 52# RPR PREP LEFT FRONT DOOR FOR PAINT 1.5 53 R&I RT BELT MOLDING 0.3 54 R&I LT BELT MOLDING 0.3 55 R&I RT APPLIQIIE PANEL 0.4 56 R&I LT APPLIQIIE PANEL 0.4 57 R&I RT BODY SIDE MLDG 0.3 58 R&I LT BODY SIDE MLDG 0.3 59 R&I RT MIRROR 0.5 60 R&I LT MIRROR 0.5 61 REFN RT HOUSING 0.5 62# RPR PREP RIGHT MIRROR FOR PAINT 0.5 63 REFN LT HOUSING 0.5 64# RPR PREP LEFT MIRROR FOR PAINT 0.5 65 REPL RT GLASS MERCEDES GREEN 1 89.00 0.6 66 REPL LT GLASS MERCEDES GREEN 1 89.00 0.6 67 R&I RT HANDLE, OUTSIDE FROM 3/97 0.4 68 R&I LT HANDLE, OUTSIDE FROM 3/97 0.4 69 R&I RT R&I TRIM PANEL 0.5 70 R&I LT R&I TRIM PANEL 0.5 71* R&I RT RUN CHANNEL 0.3* 72* R&I LT RUN CHANNEL 0.3* 73 ROOF 74 REFN ROOF PANEL W/SIINROOF 2.4 75 OVERLAP MAJOR ADJ. PANEL -0.4 76 CLEAR COAT 2.5 77# RPR PREP ROOF FOR PAINT 1.5 78* REPL RT DRIP MOLDING SILVER 1 169.00 0.6 0.0* 79* REPL LT DRIP MOLDING SILVER 1 169.00 0.6 0.0* 80* R&I GLASS ASSY GASKET 0.5* 81** QIIAL REPL PARTS FLEX ADDITIVE 1 5.00 T 82# COLOR TINT 1 0.5 83# RPR NET SAND, RUB OUT, AND/OR BUFF 3.0 84** QIIAL REPL PARTS MASK WINDOW 1 10.00 x 2.0 OPENINGS/JAMBS FOR OVERSPRAY 85 OTHER CHARGES 86# E.P.C. 1 5.00 -------------------------------- _ r SUBTOTALS =_>------------------- 2303.00 37.1 20.3 0 PARTS 2218.00 PARTS DISCOUNT $ 1606.00 -5.0% -80.30 BODY LABOR 37.1 HRS @$ 42.00/HR 1558.20 PAINT LABOR 20.3 HRS @$ 42.00/HR 852.60 PAINT SUPPLIES 400.00 SUBLET/MISC. 80.00 OTHER CHARGES 5.00 m 10/02/2005 AT 04:08 PM 1:6403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN 1007163110-1-1 ---------------------------------------------------- SUBTOTAL $ 5033.50 SALES TAX $ 2542.70 @ 7.7500% 197.06 ---------------------------------------------------- TOTAL COST OF REPAIRS $ 5230.56 ADJUSTMENTS: DEDUCTIBLE 500.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 4730.56 IF YOU HAVE COVERAGE FOR DAMAGE TO YOUR VEHICLE UNDER THIS POLICY IT IS OUR OBLIGATION TO INFORM YOU THAT UNDER CALIFORNIA CODE OF REGULATIONS, TITLE 10, CHAPTER 5, SECTION 2695.8.D.2.E, YOU HAVE THE RIGHT TO SELECT THE VEHICLE REPAIR FACILITY OF YOUR CHOICE. WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMOTIVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW. IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE. AUTO BODY REPAIR CONSUMER BILL OF RIGHTS A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY MAY NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 13 10 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING SERVICES. THE INSURER SHALL PAY REASONABLE TOWING AND STORAGE CHARGES INCURRED BY THE INSIIRED TO PROTECT THE VEHICLE AND PROVIDE REASONABLE NOTICE TO AN INSIIRED BEFORE TERMINATING PAYMENT FOR STORAGE CHARGES SO THAT THE INSIIRED HAS TIME TO REMOVE THE VEHICLE FROM STORAGE. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 4 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN S. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR COMPLAINTS CONCERNING THE REPAIR OF A VEHICLE BY AN AUTO BODY REPAIR SHOP SHOULD BE DIRECTED TO: TOLL FREE (800) 952-5210 CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF AUTOMOTIVE REPAIR 10240 SYSTEMS PARKWAY SACRAMENTO, CA 95827 THE BUREAU OF AUTOMOTIVE REPAIR CAN ALSO ACCEPT COMPLAINTS OVER ITS WEB SITE AT: WWW.AUTOREPAIR.CA.GOV COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSIIRANCE COMMISSIONER ANY CONCERNS REGARDING HOW AN AUTO INSIIRANCE CLAIM IS BEING HANDLED SHOULD BE SUBMITTED TO THE CALIFORNIA DEPARTMENT OF INSIIRANCE AT: (800) 927-HELP OR (213) 897-8927 CALIFORNIA DEPARTMENT OF INSIIRANCE CONSUMER SERVICES DIVISION 300 SOUTH SPRING STREET 13� 11 LOS ANGELES, CA 90013 THE CALIFORNIA DEPARTMENT OF INSURANCE CAN ALSO ACCEPT COMPLAINTS OVER ITS WEB SITE AT: WWW.INSIIRANCE.CA.GOV ALL SUPPLEMENTS MUST BE PRE -APPROVED BEFORE ANY WORK CAN BE COMPLETED. IF THE ABOVE ESTIMATE INCLUDES A NAPA PART PRICE, THE REPAIR FACILITY MUST COMPLETE A ONE TIME SET UP WITH THEIR LOCAL NAPA RETAILER IN ORDER TO RECEIVE THE SPECIAL FARMERS PREFERRED PARTS PROGRAM PRICING. TO ACCOMPLISH SET UP, CONTACT YOUR LOCAL NAPA RETAILER AND ASK THEM TO INSERT BILLING CODE NUMBER 9066 INTO YOUR CUSTOMER BILLING PROFILE. THE 9066 CODE WILL ENABLE YOUR REPAIR FACILITY TO RECEIVE SPECIAL PRICING ON ALL NAPA PARTS AND/OR SUPPLIES PURCHASED. IF YOU DO NOT ALREADY HAVE A LOCAL NAPA RETAILER ACCOUNT, PLEASE CALL 1-800 LET-NAPA FOR YOUR NEAREST NAPA LOCATION. 5 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINIIED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRIICTIIRAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=IINIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLIIDED MISC=MISCELLANEOIIS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT O/H=OVERHAIIL OP=OPERATION NO=LINE NUMBER QTY=QIIANTITY QIIAL RELY=QIIALITY RECYCLED PART QIIAL REPL=QIIALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SIIBL=SIIBLET LT=LEFT W/O=WITHOIIT W/ =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANIIFACTIIRER'S QUALIFICATION AND VALIDATION PROGRAM. ESTIMATE CALCULATED USING A PRESET USER THRESHOLD AMOUNT FOR THE PAINT AND 13 3 MATERIAL COST. 12 THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. 6 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN ESTIMATE BASED ON MOTOR CRASH ESTIMATING GIIIDE. UNLESS OTHERWISE NOTED ALL ITEMS ARE DERIVED FROM THE GIIIDE ERI5716 DATABASE DATE 08/2005, CCC DATA DATE 08/2005, AND THE PARTS SELECTED ARE OEM -PARTS MANUFACTURED BY THE VEHICLES ORIGINAL EQUIPMENT MANUFACTURER. OEM PARTS ARE AVAILABLE AT OE/VEHICLE DEALERSHIPS. OPT OEM PARTS ARE OEM PARTS THAT ARE PROVIDED BY OR THROUGH ALTERNATE SOURCES OTHER THAN THE OE/VEHICLE DEALERSHIPS. OPT OEM PARTS MAY REFLECT SOME SPECIFIC, SPECIAL, OR UNIQUE PRICING OR DISCOUNT. ASTERISK (*) OR DOUBLE ASTERISK (**) INDICATES THAT THE PARTS AND/OR LABOR INFORMATION PROVIDED BY MOTOR MAY HAVE BEEN MODIFIED OR MAY HAVE COME FROM AN ALTERNATE DATA SOURCE. TILDE SIGN (») ITEMS INDICATE MOTOR NOT -INCLUDED LABOR OPERATIONS. NON -ORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET PARTS ARE DESCRIBED AS AM, QUAL REPL PARTS OR COMP REPL PARTS WHICH STANDS FOR COMPETITIVE REPLACEMENT PARTS. USED PARTS ARE DESCRIBED AS LKQ, QUAL RECY PARTS, RCY, OR USED. RECONDITIONED PARTS ARE DESCRIBED AS RECON. RECORED PARTS ARE DESCRIBED AS RECORE. NAGS PART NUMBERS AND PRICES ARE PROVIDED BY NATIONAL AUTO GLASS SPECIFICATIONS, INC. POUND SIGN M ITEMS INDICATE MANUAL ENTRIES. SOME 2006 VEHICLES CONTAIN MINOR CHANGES FROM THE PREVIOUS YEAR. FOR THOSE VEHICLES, PRIOR TO RECEIVING UPDATED DATA FROM THE VEHICLE MANUFACTURER, LABOR AND PARTS DATA FROM THE PREVIOUS YEAR MAY BE USED. THE 13 PATHWAYS ESTIMATOR HAS A COMPLETE LIST OF APPLICABLE VEHICLES. PARTS NUMBERS AND PRICES SHOULD BE CONFIRMED WITH THE LOCAL DEALERSHIP. 13 CCC PATHWAYS - A PRODUCT OF CCC INFORMATION SERVICES INC. 7 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ B320 6-3.2L-FI 4D SED SILVER MET INT:TAN ALTERNATE PARTS USAGE AFTERMARKET PARTS AFTERMARKET SELECTION METHOD: AUTOMATICALLY LIST NO. OF TIMES USER WAS NOTIFIED THAT AN AFTERMARKET PART WAS AVAILABLE: 3 NO. OF AFTERMARKET PARTS THAT APPEAR IN THE FINAL ESTIMATE: 3 135 14 8 10/02/2005 AT 04:08 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET INT:TAN VEHICLE RECALLS THE NATIONAL HIGHWAY TRANSPORTATION AND SAFETY ADMINISTRATION (NHTSA) HAS ISSUED 1 SAFETY -RELATED RECALL NOTICES) THAT MAY APPLY TO THE SELECTED VEHICLE. NHTSA ID: 0OV388000 ISSUED: 11/21/00 NO. OF VEHICLES: 00016255 VEHICLE DESCRIPTION: PASSENGER VEHICLES. SOME OF THESE VEHICLES HAVE EXPERIENCED SIDE AIR BAG DEPLOYMENTS IN THE ABSENCE OF A CRASH. INADVERTENT SIDE AIR BAG DEPLOYMENT COULD CAUSE PERSONAL INJURY TO THE SEAT OCCUPANT. 15 DEALERS WILL REPLACE THE DRIVER AND PASSENGER DOOR MOUNTED SIDE AIR BAG MODULES. AT THE SAME TIME, DEALERS WILL ALSO INSPECT THE CONDITION OF THE SIDE AIR BAG MODULE WIRING WITHIN THE DOORS AND REPLACE THAT WIRING IF THERE IS ANY EVIDENCE OF DAMAGE. OWNER NOTIFICATION IS EXPECTED TO BEGIN DURING DECEMBER 2000. OWNERS WHO TARE THEIR VEHICLES TO AN AUTHORIZED DEALER ON AN AGREED UPON SERVICE DATE AND DO NOT RECEIVE THE FREE REMEDY WITHIN A REASONABLE TIME SHOULD CONTACT MERCEDES-BENZ AT 1-800-367-6372. ALSO CONTACT THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION'S AUTO SAFETY HOTLINE AT 1-888-DASH-2-DOT (1-888-327-4236). 9 137 16 10/02/2005 at 03:50 PM 16403 FARMERS INSURANCE EXCHANGE San Diego North Claims Service Center P.O. Box 268994 Oklahoma City, OK 73126-8994 (951)347-4292 Fax: (951)246-7187 ESTIMATE OF RECORD Written By: Bogue, Russ 10/02/2005 03:49 PM Adjuster: Bogue, Russ Insured: W RICHARD MILLS Owner: W RICHARD MILLS Address: 81600 TIBURON DR LA QUINTA, CA 92253 Day: (760)777-8400 Evening: (760)777-8400 Inspect Residence Location: 81600 Tiburon Dr. La Quinta, CA Repair Facility: 1007163110-1-1 Claim #1007163110-1-1 Policy #00585596420 Date of Loss: 04/07/2005 at 10:34 AM Type of Loss: Comprehensive Point of Impact: 16. Non -Collision 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN OTHER 21 Days to Repair License # VIN: WDBJF55F9VA437573 Lic: FOREUYO CA Prod Date: 05/1997 Odometer: 67718 Condition: Excellent Air Conditioning Rear Defogger Tilt Wheel Cruise Control Telescopic Wheel Intermittent Wipers Climate Control Keyless Entry Theft Deterrent/Alarm Body Side Moldings Dual Mirrors Privacy Glass Roof Console Electric Glass Sunroof Traction Control Fog Lamps Clear Coat Paint Metallic Paint Power Steering Power Brakes Power Windows Power Locks Power Driver Seat Power Passenger Seat Power Mirrors AM Radio FM Radio Stereo Cassette Search/Seek CD Player Anti -Lock Brakes (4) Driver Air Bag Passenger Air Bag Front Side Impact Air Bag 4 Wheel Disc Brakes Leather Seats Bucket Seats Automatic Transmission Overdrive Aluminum/Alloy Wheels ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 1 FRONT BUMPER 2 Refn Bumper cover E300/E320/E430 2.6 3# Rpr PREP FRONT COVER FOR PAINT 3.0 4* Refn Cap tow eye - LEFT 0.3 5* Refn Cap tow eye - RIGHT 0.3 6 Refn Molding w/o parktronic 1.0 Q 7# Rpr PREP MOULDING FOR PAINT 1.5 ` 8 O/H front bumper 3.5 17 i 10/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ----------------------------------------------------------------7------------ NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 9 Repl RT Upper cover 1 77.00 Incl. 10 Repl LT Upper cover 1 77.00 Incl. 11 HOOD & GRILLE 12 Repl Grille assy 1 316.00 0.4 13 Refn Hood 3.0 14 Overlap Major Adj. Panel -0.4 15# Rpr PREP HOOD FOR PAINT 2.5 16* R&I Emblem 0.2 17* R&I Duct cover 0.5 18* R&I Air duct 0.5 19 FRONT LAMPS 20 Refn RT Lower cover w/o lamp wash 0.4 21# Rpr PREP RIGHT LOWER COVER 0.5 22 Refn LT Lower cover w/o lamp wash 0.4 23# Rpr PREP LEFT LOWER COVER 0.5 24 Rpl Both Headlamps 1.0 25 Repl RT Headlamp assy w/o Xenon 1 370.00 Incl. lamps 26 Aim headlamps 0.5 2'7 Repl LT Headlamp assy w/o Xenon 1 370.00 Incl. lamps 28 R&I RT Lower cover w/o lamp wash 0.2 29 R&I LT Lower cover w/o lamp wash 0.2 30 FENDER 31 Refn RT Fender 2.2 32 Overlap Major Adj. Panel -0.4 33# Rpr PREP RIGHT FENDER FOR PAINT 1.0 34 Refn LT Fender 2.2 35 Overlap Major Adj. Panel -0.4 364 Rpr PREP LEFT FENDER FOR PAINT 1.0 37 R&I RT Upper molding sedan 0.2 38 R&I LT Upper molding sedan 0.2 39 R&I RT Lower molding 0.2 40 R&I LT Lower molding 0.2 41 WINDSHIELD 42* Repl Windshield Mercedes w/rain 1 394.00 Incl. sensor 43# Subl INSTALL WINDSHIELD 1 65.00 X 44 Repl Upper molding 1 58.00 Incl. 45** Repl Qual Repl Parts WINDSHIELD 1 40.00 SEAL KIT 46 FRONT DOOR 47 Refn RT Door shell 2.2 48 Overlap Major Adj. Panel -0.4 49# Rpr PREP RIGHT FRONT DOOR FOR 1.5 139 PAINT 50 Refn LT Door shell 2.2 51 Overlap Major Adj. Panel -0.4 18 2 10/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ------------------------------------------------------------------------------- NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT ------------------------------------------------------------------------------- 52# Rpr PREP LEFT FRONT DOOR FOR PAINT 1.5 53 R&I RT Belt molding 0.3 54 R&I LT Belt molding 0.3 55 R&I RT Applique panel 0.4 56 R&I LT Applique panel 0.4 57 R&I RT Body side mldg 0.3 58 R&I LT Body side mldg 0.3 59 R&I RT Mirror 0.5 60 R&I LT Mirror 0.5 61 Refn RT Housing 0.5 62# Rpr PREP RIGHT MIRROR FOR PAINT 0.5 63 Refn LT Housing 0.5 64# Rpr PREP LEFT MIRROR FOR PAINT 0.5 65 Repl RT Glass Mercedes green 1 89.00 0.6 66 Repl LT Glass Mercedes green 1 89.00 0.6 67 R&I RT Handle, outside from 3/97 0.4 68 R&I LT Handle, outside from 3/97 0.4 69 R&I RT R&I trim panel 0.5 70 R&I LT R&I trim panel 0.5 '71A R&I RT Run channel 0.3 '72* R&I LT Run channel 0.3 73 ROOF 74 Refn Roof panel w/sunroof 2.4 75 Overlap Major Adj. Panel -0.4 76 Clear Coat 2.5 77# Rpr PREP ROOF FOR PAINT 1.5 78* Repl RT Drip molding silver 1 169.00 0.6 0.0 79* Repl LT Drip molding silver 1 169.00 0.6 0.0 80* R&I Glass assy gasket 0.5 81** Qual Repl Parts Flex Additive 1 5.00 T 82# Color Tint 1 0.5 83# Rpr Wet Sand, Rub out, and/or Buff 3.0 84** Qual Repl Parts MASK WINDOW 1 10.00 X 2.0 OPENINGS/JAMBS FOR OVERSPRAY 85 OTHER CHARGES 864 E.P.C. 1 5.00 ------------------------------------------------------------------------------- Subtotals =_> 2303.00 37.1 20.3 Parts 2218.00 Parts Discount $ 1606.00 -5.0% -80.30 Body Labor 37.1 hrs @ $ 42.00/hr 1558.20 Paint Labor 20.3 hrs @ $ 42.00/hr 852.60 Paint Supplies 400.00 Sublet/Misc. 80.00 Other Charges 5.00 19 3 10/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN ---- 7----------------------------------------------- SUBTOTAL $ 5033.50 Sales Tax $ 2542.70 @ 7.75000 197.06 ---------------------------------------------------- TOTAL COST OF REPAIRS $ 5230.56 ADJUSTMENTS: Deductible 500.00 ---------------------------------------------------- TOTAL ADJUSTMENTS $ 500.00 NET COST OF REPAIRS $ 4730.56 If you have coverage for damage to your vehicle under this policy it is our obligation to inform you that Under California Code of Regulations, Title 10, Chapter 5, Section 2695.8.d.2.e, you have the right to select the vehicle repair facility of your choice. WE ARE PROHIBITED BY LAW FROM REQUIRING THAT REPAIRS BE DONE AT A SPECIFIC AUTOMOTIVE REPAIR DEALER. YOU ARE ENTITLED TO SELECT THE AUTO BODY REPAIR SHOP TO REPAIR DAMAGE COVERED BY US. WE HAVE RECOMMENDED AN AUTOMOTIVE REPAIR DEALER THAT WILL REPAIR YOUR DAMAGED VEHICLE. IF YOU AGREE TO USE OUR RECOMMENDED AUTOMOTIVE REPAIR DEALER, WE WILL CAUSE THE DAMAGED VEHICLE TO BE RESTORED TO ITS CONDITION PRIOR TO THE LOSS AT NO ADDITIONAL COST TO YOU OTHER THAN AS STATED IN THE INSURANCE POLICY OR AS OTHERWISE ALLOWED BY LAW. IF YOU EXPERIENCE A PROBLEM WITH THE REPAIR OF YOUR VEHICLE, PLEASE CONTACT US IMMEDIATELY FOR ASSISTANCE. Auto Body Repair Consumer Bill of Rights A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY MAY NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING SERVICES. THE INSURER SHALL PAY REASONABLE TOWING AND STORAGE CHARGES INCURRED BY THE INSURED TO PROTECT THE VEHICLE AND PROVIDE REASONABLE NOTICE TO AN INSURED BEFORE TERMINATING PAYMENT FOR STORAGE CHARGES SO THAT THE INSURED HAS TIME TO REMOVE THE VEHICLE FROM STORAGE. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 20 4 10/02/2005 at 03:50 PM 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN 1007163110-1-1 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (800) 952-5210 California Department of Consumer Affairs Bureau of Automotive Repair 10240 Systems Parkway Sacramento, CA 95827 The Bureau of Automotive Repair can also accept complaints over its web site at. www.autorepair.ca.gov COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-HELP or (213) 897-8927 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov All supplements must be pre -approved before any work can be completed. "If the above estimate includes a NAPA part price, the repair facility must complete a one time set up with their local NAPA retailer in order to receive the special "Farmers Preferred Parts Program" pricing. To accomplish set up, contact your local NAPA retailer and ask them to insert billing code number 9066 into your customer billing profile. The 9066 code will enable your repair facility to receive special pricing on all NAPA parts and/or supplies purchased. If you do not already have a local NAPA retailer account, please call 1-800 LET-NAPA for your nearest NAPA location." 1 VW 21 5 10/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART A=APPROXIMATE PRICE LABOR TYPES: B=BODY LABOR D=DIAGNOSTIC E=ELECTRICAL F=FRAME G=GLASS M=MECHANICAL P=PAINT LABOR S=STRUCTURAL T=TAXED MISCELLANEOUS X=NON TAXED MISCELLANEOUS PATHWAYS: ADJ=ADJACENT ALGN=ALIGN A/M=AFTERMARKET BLND=BLEND CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION D&R=DISCONNECT AND RECONNECT EST=ESTIMATE EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY INCL=INCLUDED MISC=MISCELLANEOUS NAGS=NATIONAL AUTO GLASS SPECIFICATIONS NON-ADJ=NON ADJACENT 0/H=OVERHAUL OP=OPERATION NO=LINE NUMBER QTY=QUANTITY QUAL RECY=QUALITY RECYCLED PART QUAL REPL=QUALITY REPLACEMENT PART COMP REPL PARTS=COMPETITIVE REPLACEMENT PARTS RECOND=RECONDITION REFN=REFINISH REPL=REPLACE R&I=REMOVE AND INSTALL R&R=REMOVE AND REPLACE RPR=REPAIR RT=RIGHT SECT=SECTION SUBL=SUBLET LT=LEFT W/O=WITHOUT W/ =WITH/ SYMBOLS: #=MANUAL LINE ENTRY *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED] **=DATABASE LINE WITH AFTERMARKET N=NOTES ATTACHED TO LINE. MQVP=MANUFACTURER'S QUALIFICATION AND VALIDATION PROGRAM. Estimate calculated using a preset user threshold amount for the paint and material cost. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY WARRANTIES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY THE MANUFACTURER OR DISTRIBUTOR OF THE PARTS, RATHER THAN BY THE ORIGINAL MANUFACTURER OF YOUR VEHICLE. Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide ERI5716 Database Date 08/2005, CCC Data Date 08/2005, and the parts selected are OEM -parts manufactured by the vehicles Original Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM parts are OEM parts that are provided by or through alternate sources other than the OE/Vehicle dealerships. OPT OEM parts may reflect some specific, special, or unique pricing or discount. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have been modified or may have come from an alternate data source. Tilde sign (-) items indicate MOTOR Not -Included Labor operations. Non -Original Equipment Manufacturer aftermarket parts are described as AM, Qual Repl Parts or Comp Repl Parts which stands for Competitive Replacement Parts. Used parts are described as LKQ, Qual Recy Parts, RCY, or USED. Reconditioned parts are described as Recon. Recored parts are described as Recore. NAGS Part Numbers and Prices are provided by National Auto Glass Specifications, Inc. Pound sign (#) items indicate manual entries. Some 2006 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The Pathways estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. 143 no 22 1.0/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN CCC Pathways - A product of CCC Information Services Inc. 144 23 7 10/02/2005 at 03:50 PM 1007163110-1-1 16403 ESTIMATE OF RECORD 1997 BENZ E320 6-3.2L-FI 4D SED SILVER MET Int:TAN VEHICLE RECALLS The National Highway Transportation and Safety Administration (NHTSA) has issued 1 safety -related recall notice(s) that may apply to the selected vehicle. NHTSA ID: 0OV388000 Issued: 11/21/00 No. of vehicles: 00016255 Vehicle Description: Passenger Vehicles. Some of these Vehicles have experienced side air bag deployments in the absence of a crash. Inadvertent side air bag deployment could cause personal injury to the seat occupant. Dealers will replace the Driver and passenger door mounted side air bag modules. At the same time, Dealers will also inspect the condition of the side air bag module wiring within the doors and replace that wiring if there is any evidence of damage. Owner notification is expected to begin during December 2000. Owners who take their Vehicles to an authorized Dealer on an agreed upon service date and do not receive the free remedy within a reasonable time should contact Mercedes-Benz at 1-800-367-6372. Also contact the National highway traffic safety administration's auto safety hotline at 1--888-dash-2-dot (1-888-327-4236) . 145 24 8 0q� / FARME• 10/05/2005 Carl Warren And Company Attn: Pete Mcnulty 5465 Morehouse Dr., Ste 150 San Diego, CA 92121 Re: Our Insured: Our Claim #: Date of Loss: Your Insured: Your Claim #: Deductible Amount: Loss of Use Amount: Total Amount Owed: Dear Pete Mcnulty: National Document Center P.O. Box 2,68992- Oklahoma City, OK 73126-899a claim sdocument0farmersinsurance.com FAX: 877-217-1389 Mr. W Richard Mills 099 SUB 1007163110-1 04/07/2005 City Of La Quinta S304294PMQ $500.00 $0.00 $5,230.56 We have made payment to our insured for damages resulting from this accident. Our investigation has established that the above loss was caused by the negligence of your insured. By virtue of our subrogation rights this letter is to advise you that we expect payment from you for the amount of damages within 14 days of the receipt of this letter. Be advised that no partial payment, which is less than the full amount claimed herein, will be considered in any way an acceptance of benefits, a novation or an accord and satisfaction of this claim without the express written release of our claim executed by an individual who identifies himself/herself as a member of our subrogation department. Therefore, our legal rights to enforce collection on the remaining amount of the claim shall not be waived or estopped due to a partial payment by you or someone acting on your behalf. If you need additional support for our claim or require further information, please call me at 951-485-5084 with your FAX number so that the requested information can be sent to you. Sincerely, Farmers Insurance Exchange Mic Mullaney Auto Triage Subrogation Representative michael.mullaney@farmersinsurance.com ATTACHMENT(S) 14G 25 CRN PhotoWizard ODOMETER - 67,718 VIN LS - DOOR GLASS PITTED, TINT I LS - GLASS PITTED SCRATCHED Page 1 of 5 141 26 CRN PhotoWizard ROOF - LEADING EDGE PITTED RF - ID Page 2 of 5 LF - ID FRONT - WINDSHIELD PITTED 1 -is 27 CRN PhotoWizard RF - OUTER ROOF RAIL PITTED I RR - DOOR PITTED RR - QUARTER SAIL PANEL PITTED I LR - QUARTER PITTED Page 3 of 5 149 CRN PhotoWizard LR - ID LR - DOOR PITTED I LS - DOOR DING - PRIOR Page 4 of 5 29 CRN PhotoWizard LF - HEADLAMP/FILLER PITTED I FRONT - GRILLE PITTED RR - DOOR GLASS PITTED Page 5 of 5 151 30 ° CV OF T COUNCIL/RDA MEETING DATE: April 4, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Denial of Claim for Damages Filed CONSENT CALENDAR: by Rosa Villalobos — Date of Loss: October 18, 2005 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Deny the Claim for Damages filed by Rosa Villalobos, with a reported date of loss of October 18, 2005. r■A A w ■ ■w wee■ ■/1 A T■ 0%K Ir% The total amount of the claim was $ 8,978.00. CHARTER CITY IMPLICATIONS: None. A claim was filed by Rosa Villalobos with a reported date of loss of October 18, 2005, (Attachment 1). It was forwarded to Carl Warren & Co., the City's claims administrator. Carl Warren & Co. has reviewed the matter and recommends that the City Council deny the claim. The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Rosa Villalobos with a reported date of loss of October 18, 2005; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, V� JohnITuiz, Personnel/Risk anager Approved for submission by: .00 Thomas P. Genovese, City Manager Attachment: 1 . Rosa Villalobos, Claim for Damages 2 FILE WITH: CLAIM FOR DAMAGES CITY CLERK'S OFFICE City of La Quinta . TO PERSON OR PROPERTY P.O. Box 1504 La Quinta, CA 92253 INSTRUCTIONS 1. Claims for death, injury to person or to personal property must be filed not later than six months after the occurrence. (Gov. Code § 9112.) 2. Claims for damages to real property must be filed not later than 1 year after the occurrence. (Gov. Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which to locate placeof accident 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. TO: [Name of City . C�/��. & Na of Claimant Home Address Claimant: Business Address of Claimant: Q I_ 'l I I VA-1 I N L Give address and telephone 0 to which you desire notices or When did D�MA or INJURY n-!-o Date:/�� `l�Y'Cf Time: 9 Claim is for Equitable Indemnity, give date claimant served with the complaint Date: City and State City and State + 0 canmun'�c(A- ationh b be sent ATTACHMENT 1 CLAIM NO. N n G=:p � Gl7 -�� --j a . c> -< ---t , ::a r- o ry m M r— M p o c :3 M —� — }._a 0 "Tt Z: c� D O M co Date of Birth of Claimant ()s-a1-U1.4 Occupation of Claimant 0—o so— 02D'1 ct-� 9C Aiome Telephone of Claimant -� tool -sit sc� usiness Telephone of Claimant cGo -_JCt Claimant's Social Security No Names of any city employees involved in INJURY or DAMAGE: Where did DAMAGE or INJURY occur? Describe fuay, and locate on diagram on reverse side of this sheet Where appropriate, give sueec names and address and measurements from landmarks: cc) � /I ol 6W Describe in detail how the DAMAGE or INJURY occurred. � � L� � ,vJci'- /1 •� ����- /�v� � !rs Yi(/!!�I (./r'�j/���1 / IG�Jrs'G�t< � -14 �/ i? L S �/� a �C -/ "r_'196�I � �/`7 C/�' • /�� �! �l-CJ � P %!i r' s-r�;� f W�c'., �'•7 � P •7�r'.-Sec 1c.7 �-, �,� uG�'�`=�; 5,01-1 ,'` l/W; 4 - . elel G( CIF` SFr`✓ c,1f:�s E'���� e� f�, �` / C, s' d dt A , p r.1 � / r / r �e l ' D ( � G�`' /•�'/� i �` . G' � , c �G' '�G1 t l�!i / f'' 4/�-. � .'' �-�/���! `1 / C/ ('- ry d 0• -1 4✓ �,1��'t,/it f 0 4 clip �Y �• PSIiU ��.:� �.� �h f�/SFG ��. Whydo you daim the city is res sible? ec ed j�- ��P/� S�G� /�f 4 aY i'Piti(!!`�Ui�t �r� .'4 �t{rG'ltcts / ftvfCC14 ejo, ��� ��l �cJIY�N:�` cif-i'/UeC• /f'rnCxfiS/-4/, �� �-r4:�1�l�iryiy S��/'IJ�S�.-��d/ r/4ers Aso � a - �f tip I ,� fie�rl<ril �f�� t✓�%.�.5 i'G��6jliZ�x.�/J G�r�/c°'•-f�PG'' ��r A--c � � l /�'t,��L�id J-f- �jCL',r t,444WI r �c Eti�i�� TGl /y+4.�j/ iC'</ �✓,{j GQf 4,145 try. y l �/►1 t� Desaibe in detail each INJURY or DAMAGE e kJ 6�y n f /c% /h/sC po-e- n ,54 SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation of this daim, is computed as follows: Damages incurred to date (exact): C Estimated prospective damages as far as known: Damage to property ..................... $ Future expenses for medical and hospital care .$ Expenses for medical and hospital care ..... $ Future loss of earnings ...................$ Loss of earnings ........................ $ Other prospective special damages ..........$ Special damages for ..................... $ Prospective general damages .............$ Total estimated prospective damages .......$ General damages ........................ $ Total damages incurred to date .......... $ Elm: Total amount claimed as of.date of presentation of ibiYN IT$ 9e-- Was damage and/or injury investigated by police? _ �J C� If so, what city? Were paramedics or ambulanoe called? If so, name city or ambulance If injured, state date, time, name and address of doctor of your initial visit WITNES S.to DAMAGE or INJURY. all persons and addresses of persons known have information; L4 Qu 10 �' Name. Address i— i c Phone t L o 0- 13os Name �2 Address — ` u `Yc- Phone o Co Name Address ).:-a tg ram_ Phone DOCTOR AND HOSPITALS: Hospital Address Phone Doctor V Address Phone Doctor Address Phone READ CAREFULLY For a1 accident &ms place on following diagram name of streets, inducting North, aoWentby"A 1' and location of yourseff or your vehide at the Iime of the accident East, South, And West; indicate placeof accident by X and by showing house by T-1' and the point of impact by�C." runbers or distances to street corners. K City Vehicle was involved, designate by letter'A'. location of City Vehicle when you first saw it, and by'B" location of yourself NOTE: ti diagrams below do not fit the situation, attach hereto a proper diagram or your vehicle when you first saw City Vehicle; location of City vehicle at time of signed by claimant CURB —T tr imant or person firing on to Claimant: SIDEWALK 6! I-r', 4 p r ev SIDEWALK NOTE: CLAIMS MUST BE FILED WITH CITY CLERK (Gov. Code § 915a.) Presentation of a false daim is a felony (Pen. Code § 72.) I 21 1 U ViluxbOl" .0 400-2 61 6 BLOCK A SHOR I WWI Lq U NO 0. 0 - �Bq GASKET `SSYi SPORD 4.113- 22 260 2 ENGI SPORD iJ2609.73:-j 2' 10,082071 JULAC7- KIT, 9 - �3 ANTIFREEZE 104 RD 248 io 731 `16020--T 248.10 6'9: 83 24-8 Q 90515-Yz ELEMENT E.,M F /A! 6FjjLT 14-95 _0 : V, NT S 14.95 0.. 9.043( �F L;ViR �S .02 ZF2 'A .22 14.95 1 .1.262 - '8.: .....22,40-02 ­ ..8 GASKET 111-A 0 0 0 2 9 5-" 0 10 ET ­2 2112 3 86. &86 :OIL PAN' 8. 6 FIPG 111A O .2.60 15164-22023 1108 2.60 0 15100- STRAINER, SUB -AS SPORD -17-12 2.60 17 12 34. 4 0 50916 OD021 PUMP ASSY,'OIL SpORD 46.14 - -03129 46-14 46.14 .'0 16325-620:Lo -THERMOSTAT. 107H 1-45.18 145-18 IN 105K 20.92 .0 1.,6-100 '.29175 GASKET,. WATER 20.92 145.18 0 '90086-�.s PUMP ASS 7.95 20.92 )1-13-9-83 y WATER, 252- .0 .13506- BELT, V-k 78 7.'951 18 - .06 .22oo BED: �281. 78.06 0 13540 CHAIN 3.93 -22022 -SUB-ASSy 3 78 06 TENS�IONEO ..1053. 17 33-93 33 5.95 i' 93 0 13559-22011 A_SSY, -1053 175.95 SLIP, C, 7 5,95 R!: RAI 29.ig N T 29-19 9'.19 N T SPORD 34.01. 2 '01 34 34. OI 0- 13561 202DAMPER L Z 1 0 , 0 _Q.10CHAINf 13523� .42020 SPROckET,� CRANKS t SPROCKET, SPORD 'SPO*Rb 30.50-22011 CAMSHA GEAR ASSY, - I SPORD .53876-20380 9046-7-10183 CAM SW LINER, FR FENDER, 252 SPORD 5.14o&-2.0090 5140572*0060 CLIP COVER SUB-ASSY_ 221K SPORD 51405-20120 COVER SUB -AS' SY 9 314D 90467-07164 COVER SUB-ASSY, SPORD 52119-20947 VALVE/ CLIP COVER,FR BU MPER, I 2211 SPORD JOB u -2 :Z6. 59­ -2.6..59...... '6666 '.. 34.46 05.30 135.30 4 79-44 21 r_2 ' 21 73.34 73.34 87.83 87-83 112:64 112.64 3.66 3.66 157.41 157.41 550.00 550 . .00 5S '7: 11 34 76 135.30 79.44 3 26 :7L3 34 87.83 112.64 73-20 157.41 550.001 .(�lij°z- > e ms. if-'G 3 ,.t s 0 d :� s 7 AV �M OFT 9 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 4, 2006 BUSINESS SESSION: ITEM TITLE: Acceptance of Improvements Associated CONSENT CALENDAR: with Tract Map No. 28838-4, La Cala at PGA West, Western Pacific Housing STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract Map No. 28838-4, La Cala at PGA West, Western Pacific Housing and authorize staff to release the performance security immediately as the warranty security has been received. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28838-4 is located east of Madison Street, south of Airport Boulevard, and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released immediately as the warranty security has been received. I 5 3 S:\CityMgr\STAFF REPORTS ONLY\4-4-06\C5 TM 28838-4 acceptance.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract Map No. 28838-4, La Cala at PGA West, Western Pacific Housing and authorize staff to release security immediately as the warranty security has been received; or 2. Do not accept improvements to Tract Map No. 28838-4, La Cala at PGA West, Western Pacific Housing and do not authorize staff to release security immediately; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. as :Vl P.E. Public Works DireCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 159 S:\CityMgr\STAFF REPORTS ONLY\4-4-06\C5 TM 28838-4 acceptance.doc 2 ATTACHMENT 1 TRACT NO. 28838-4 PGA WEST WEISKOPF 58th AVENUE VICINITY MAP NOT TO SCALE PROJECT SITE 1 o 3 ATTACHMENT 2 Exhibit A SECURITY - TRACT MAP 28838-4 ON -SITE & OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Original Warranty Security Warranty Security Materials 2 Amount Reduction Amount 3 (Percent) ON -SITE IMPROVEMENTS Grading $99,803 $99,803 90% $9,980 Street/Drainage $241,007 $241,007 90% $24,101 Water $159,012 $159,012 90% $15,901 Sewer $102,300 $102,300 90% $10,230 Underground Electrical $100,000 $100,000 90% $10,000 Monumentation $8,540 $8,540 100% $0 On -Site Construction Sub -Total $710,662 $710,662 $70,212 ENTIRE CONSTRUCTION SUB -TOTAL $710,662 $710,662 $70,212 TOTAL $710,662 $710,662 $70,212 1. Performance Security shall be released immediateiy after city uouncii acceptance. 2. Labor & Materials Securityto remain in place for 90 days after City Council acceptance. 3. Warranty Security shall be received by City staff prior to being placed on the agenda for City Council. 1r -1 2 ceityl 4 Sep W OFT AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 4, 2006 BUSINESS SESSION: ITEM TITLE: Acceptance of Improvements Associated CONSENT CALENDAR: with Tract Map No. 28838-3, La Cala at PGA West, Western Pacific Housing STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept improvements to Tract Map No. 28838-3, La Cala at PGA West, Western Pacific Housing and authorize staff to release the performance security immediately as the warranty security has been received. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28838-3 is located east of Madison Street, south of Airport Boulevard, and north of Avenue 58 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released immediately as the warranty security has been received. S:\CityMgr\STAFF REPORTS ONLY\4-4-06\C6 TM 28838-3 acceptance.doc FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept improvements to Tract Map No. 28838-3, La Cala at PGA West, Western Pacific Housing and authorize staff to release security immediately as the warranty security has been received; or 2. Do not Accept improvements to Tract Map No. 28838-3, La Cala at PGA West, Western Pacific Housing and do not authorize staff to release security immediately; or 3. Provide staff with alternative direction. Respectfully submitted, F "-timothy R. na 'n, P.E. Public WorJ Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 1611 S:\CityMgr\STAFF REPORTS ONLY\4-4-06\C6 TM 28838-3 acceptance.doc 2 ATTACHMENT 1 TRACT NO. 28838 -$ PGA WEST PROJECT SITE WEISKOPF 58#h AVENUE VICINITY MAP NOT TO SCALE 0 j r 4 3 ATTACHMENT 2 Exhibit A SECURITY - TRACT MAP 28838-3 ON -SITE & OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Original Warranty Security Warranty Security Materials 2 Amount Reduction Amount 3 (Percent) ON -SITE IMPROVEMENTS Grading $110,691 $110,691 90% $11,069 Street/Drainage $352,555 $352,555 90% $35,256 Water $246,660 $246,660 90% $24,666 Sewer $108,163 $108,163 90% $10,816 Underground Electrical $102,500 $102,500 90% $10,250 Monumentation $9,260 $9,260 100% $0 On -Site Construction Sub -Total $929,829 $929,829 $92,057 ENTIRE CONSTRUCTION SUB -TOTAL $929,829 $929,829 $92,057 TOTAL $929,829 $929,829 $92,057 1. Performance Security shall be released immediately after city Uouncii accePLanLC. 2. Labor & Materials Securityto remain in place for 90 days after City Council acceptance. 3. Warranty Security shall be received by City staff prior to being placed on the agenda for City Council. is 0 T a itif ot COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Authorization to Distribute a Request for Proposals for a Parks and Recreation Master Plan Update RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the request to distribute a request for proposals (RFP) to update the Parks and Recreation Master Plan and authorize staff to begin the selection process. FISCAL IMPLICATIONS: None at this time. It is anticipated that the Parks and Recreation Master Plan contract will be approximately $60,000. The fiscal year 2005/2006 budget has $25,000 budgeted for this update (1001-3001-451 .42-25). The General Fund Undesignated Reserve, is proposed to be utilized for the remainder of the project. (101 .000.290.0000). No additional appropriation is requested at this time however, may be requested upon award of contract. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta's first Parks and Recreation Master Plan was completed in April 1993 and is available for review in the City Clerk's office. The Master Plan should be updated every five years to reflect the growth of the community and recreational needs of the residents. In accordance with Resolution 2005-096, the City Council is notified of the potential need to contract for professional services in excess of $50,000. Staff suggests the City Council appoint a Consultant Selection Committee consisting of the following members: • Edie Hylton, Director of Community Services • Doug Evans, Community Development Director • Tom Hartung, Building and Safety Director • Steve Howlett, Manager of Parks and Golf • Nick Nickerson, NAI Consultant In addition to or in lieu of any of the above, the City Council may appoint up to two of its members to serve on the Selection Committee. Contingent upon City Council authorization to distribute the attached RFP on April 10, 2006, the following represents how the project is expected to proceed: Issue RFP Proposal Due Date Consultant Selection Process Recommendations to the City Council FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: April 10, 2006 April 21, 2006 Week of May 8, 2006 May 16, 2006 Authorize staff to distribute Request for Proposals to obtain a consultant to provide services to update and revise the Community Services Master Plan; or 2. Do not authorize staff to distribute Request for Proposals to obtain a consultant to provide services to update and revise the Community Services Master Plan; or 3. Provide staff with alternative direction. K Respectfully submitted, C' Edie Hylton, Com unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Request for Proposal for Masterplan 3 1F8 ATTACHMENT 1 City of La Quinta Parks and Recreation Master Plan Request for Proposals Introduction The City of La Quinta is located in the Eastern Coachella Valley. The City is bounded by Indian Wells to the West, Indio to the east, and the unincorporated areas to the north and south. Located approximately two miles south of interstate 10, primary access is via State Highway 111 and Washington Street. Historically, the City has been identified with the La Quinta Resort and Chub, the PGA West golf facilities and the annual La Quinta Arts Festival. With a current population of 36,145, La Quinta's early residential boom is now being complemented with a flurry of commercial growth and infrastructure improvements. Project Description The City of La Quinta is requesting proposals to hire a consultant to prepare a comprehensive Parks and Recreation Master Plan. The consultant will collect and analyze data to develop goals, policies and standards for the city's park system, open space, trails, recreation facilities and program development. The consultant will work closely with city staff and the Community Services Commission in preparing the Master Plan. The consultant will create a document for distribution to the public. The Parks and Recreation Master Plan will become an element of the Comprehensive General Plan 2002 and will require approvals of the Community Services Commission and the City Council. The City of La Quinta has a strong commitment to provide high quality parks, trails, recreation services and is the home of the Arnold Palmer Classic premier golf course, SilverRock, for the citizens in the community. The primary purpose of the Parks and Recreation Master Plan is to create a clear direction with set of goals and objectives for city staff, Community Services Commission, and the City Council for the improvement and development of the City's park system, open space, golf course, trails, recreation facilities and programs. Scope of Work Public Process • Identify, describe and implement a comprehensive strategy and methodology for citizen involvement in this Master Plan development process. • Assure the residents, user groups, associations, and other stakeholders that they are provided an opportunity to participate in the development of this plan. lr13 • Conduct at least three (3) public meetings and a minimum of two (2) focus groups (participants to be determined) and individual stakeholder interviews. • Act as professional facilitators to gather specific information about services, use, preferences and any agency strengths, weaknesses, opportunities and threats. • Provide well -organized and directed activities, techniques and formats that will ensure that a positive, open and proactive public participation process is achieved. • Provide written records and summaries of the results of all public process and communications strategies. • Help to build consensus and agreement on the plan and if consensus is not possible, provide information for informed decision making for the Commission. • Provide methods to hear from as many people as possible, including users and non users of the services and facilities. Statistically Valid Survey • Provide a city-wide community survey of at least 400 residents to identify community needs and issues on the recreation and park programs and facilities. This survey will be used as a baseline to determine needs, desires and willingness to pay. Demographic Trends • Review and interpret demographic trends and characteristics of the City of La Quinta using information from the City of La Quinta Comprehensive General Plan and other regional and local sources. Existing and Future Facilities -Analysis of Level of Service • Compile an inventory and assessment of the existing parks, trails, open space and facilities. The assessment will include a comparative analysis to communities of similar size and density regionally and using nationally accepted standards. The analysis should consider the capacity of each amenity found within the system (playgrounds, ball fields, trails, natural areas, special facilities, etc.) as well as functionality, accessibility, condition, comfort and convenience. Each amenity should be evaluated regarding its service from both a resident and a visitor perspective. Evaluation criteria should be based on the expressed values of the community. The analysis will also include identification of best possible providers of community and recreation services and recommendations for minimizing duplication and enhancing possibilities for partnerships where appropriate. Rank and Prioritize Demand and Opportunities • Prioritize recommendations for needs regarding land acquisition, and the development of parks, trails, open space, and recreation facilities. • Develop a set of prioritized recommendations for maintenance and renovation of parks, trails and recreation facilities. Analysis of Programs and Services • Provide an assessment and analysis of the Community Services Department's current level of recreation programs, services and maintenance in relation to present and future goals, objectives and directives. • Provide an analysis of the best possible providers for programs and services and identify and discern any unnecessary duplication of services through public and private program providers. • Provide recommendations for minimizing duplications or enhancing possibilities for collaborative partnerships where appropriate. Action Plan • Collect analyze demographic information for the community. • Collect and analyze information on participation, needs, desires, operations, programming and land use trends and make Level of Service recommendations. • Identify areas of service shortfalls and projected impact of future trends. • Provide useable and workable definitions and recommendations for designated park and open space with acreages and parameters defined as appropriate. • Develop recommendations for operations, staffing, maintenance, programming and funding needs. • Provide a clear plan for development of programming direction based on standards and demand analysis. • Develop a definitive program for acquisition and development of parkland, recreation facilities, open space, trails and parks maintenance and administration of facilities for the future. • Provide a maintenance and operation analysis. • Develop an action plan which includes strategies, priorities and an analysis of budget support and funding mechanisms for the short term, mid-tenn and long term for the park system, open space, trails and recreation programs and services. Development of Final Plans and Supporting Materials • Plan must include written goals, plans, objectives, and policy statements that articulate a clear vision and "road map" and model for the Community Services Department's future. • Charts, graphs, maps and other data as needed to support the plan and its presentation to the appropriate audiences. • A Financial Plan • An Action Plan - • Presentations as needed for public and the Community Services Commission and City Council approvals • An Executive Summary with three (3) hard copies and an electronic copy for the city's website. • Electronic copies of the draft and final report and three (3) hard copies of the final document. Items to be provided by the City of La Quinta 1. A City of La Quinta Project Manager -Community Services Director 2. Copies of all existing studies, plans, programs, and other data including the City of La Quinta Comprehensive General Plan and access to all applicable records 3. Assistance with on -going meetings All proposals should include the following background information: 1. Background on the firm and its experience in preparing Master Plans for public agencies. Of particular interest are engagements involving communities that have characteristics similar to La Quinta. 2. A narrative that presents the services the firm would provide detailing the approach, methodology, deliverables and client meetings to be provided. 3. Identification of the personnel to be assigned to this engagement including a resume of related experience. 4. A timeline for preparation and implementation of the Master Plan and its components. 5. A summary of professional liability and errors and omission insurance coverage the firm maintains. 6. At least three (3) public agency references for projects of a similar nature to this engagement and the project team that would be assigned this effort. 7. Submitted in a separate sealed envelope, not -to -exceed cost associated with the preparation of the Master Plan as well as itemization of hourly rates of all assigned personnel, requested reimbursable expenses, and charges for meetings not included in the not -to -exceed cost proposal. This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of a proposal, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all proposals received in response to this request, to negotiate with any qualified source, or cancel in whole or part this proposal process if it is in the best interest of the City to do so. Subsequent to contract negotiations, prospective consultants may be required to submit revisions to their proposals. All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the La Quinta City Council. Contract Award will be expected in May 2006. The Master Plan associated with this proposal will commence on July 1, 2006. Interested firms should submit five (5) copies of the proposal no later 5 :00 pm. on Friday April 21, 2006. Submittals should be directed to: Edie Hylton, Community Services Director 17 r: City of La Quinta P.O. Box 1504 La Quinta, CA 92253-1504 Phone: 760.777.7032 Fax: 760 777.1261 171 COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Acceptance of Improvements As§ociated with Tract Map No. 29147-1, Norman Estates, Weiskopf Partners I, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Accept improvements to Tract Map No. 29147-1, Norman Estates at PGA West, Weiskopf Partners I, LLC and authorize staff to release security upon receipt of the warranty security. FISCAL IMPLICATIONS: None. Since no public improvements were included with this tract, no additional maintenance costs are anticipated. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29147-1 is located east of Madison Street, north of Airport Boulevard, and south of Avenue 54 (Attachment 1). All improvements are now complete and all obligations of the Subdivision Improvement Agreement have been satisfied. Included as Attachment 2 is a spreadsheet indicating security to be released upon receipt of warranty security. 174 S:\CityMgr\STAFF REPORTS ONLY\4-4-06\C1 TM 29147-1 acceptance.doc �JNDINGS AND ALT9RNATIVES City Council include: 1 . Accept improvements to Tract Map No. 29147-1, Norman Estates at PGA West, Weiskopf Partners I, LLC and authorize staff to release security upon receipt of the warranty security; or 2. Do not Accept improvements to Tract Map No. 29147-1, Norman Estates at PGA West, Weiskopf Partners I, LLC and do not authorize staff to release security upon receipt of the warranty security; or 3. Provide staff with alternative direction. Respectfully submitted, 4im�14 othy RCgori In., P.E. Public Works Di oector /City Engineer Approved for submission by: i Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Security Outline 7 T:\PWDEPT\COUNCIL\2006\04-04-06\TM 29147-1 acceptance.doc 2 A re -d TRACT NO* 29147-XrLCHMENT 1 VALHAU A GATE AIRPORT BOULEVARD PARCEL 8 L " 08-288 i SCALE 1" =600' AVENUE 58 3 ATTACHMENT 2 r � Z W O� N ; O � Z w as uj W F- LPL. O W W V)0 M O Q �+ N M O LA ~ O 00 O v N M t� C L V m Q L o 0 0 0 0 O O O O O O O O O O co C4 m= O T- O 000 O C O CO CM u) O E M d' N O co 00 �—co O w 60- EF} dg 60- 61), ca N O O U) O O M CD O N L �4 �� ti CO M LO O co d' c%i O co 00 O cp co 64 6c ffi 6Fi O 1-- c� CL W O '% 17 v N O W > 0 0 _ � v > W N L 0 '^ v+ c O CL E Z V cn �L N N 3 C co C7 Cn (n W O 7; E (A C • m 0 CL E 0 m c a 0 ELI `SOFT COUNCIL/RDA MEETING DATE: April 4, 2006 AGENDA CATEGORY: ITEM TITLE: Approval of City Council Goals BUSINESS SESSION: CONSENT CALENDAR: /012... STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Approve the City Council goals for fiscal year 2006-2007. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the Economic Development Plan, Capital Improvement Program, and budget process. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At a special City Council meeting held on February 18, 2006, the City Council conducted a study session to discuss its goals for fiscal year 2006-07. The minutes from that study session are included as Attachment 1 . Staff has updated the list of City Council Goals and has placed them in a table by group, including Public Safety, Traffic and Roads, Capital Improvement Projects, Code Enforcement, SilverRock Resort, Sphere of Influence Area, City Staff, and Other (Attachment 2). Each goal has been listed under applicable categories, which include: • Economic Development Plan; • Capital Improvement Program; • Budget; and Other/Comments Additionally, each goal that could be attributed to one of the components of the Strategic Planning Process (i.e., Economic Development Plan, Capital Improvement Program, Annual Budget) have been incorporated into those documents for Fiscal Year 2006-07. It should be noted that the draft Economic Development Plan will be reviewed by the Council on April 18, 2006, as new market study data is currently being incorporated into that document. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the City Council goals for fiscal year 2006-2007; or 2. Do not approve the City Council goals for fiscal year 2006-2007; or 3. Provide staff with alternative direction. Approved for submission by: A Thomas P. Genovese, City Manager Attachments: 1. Minutes of February 18, 2006 City Council meeting 2. City Council Goals for Fiscal Year 2006-07 179 Minutes of February 18, 2006 ATTACHMENT 1 Council Goals Council Member Osborne's goals include: 1 . Public Safety — increase general services, and improve communication with citizens and residents of gated communities; Citizens on Patrol is on-line, but more Cove patrols and gang enforcement are needed. 2. Monitor Traffic — need more traffic patrol and traffic control measures when streets are closed; negotiate with Caltrans for control of Highway 1 1 1; maintain signal synchronization along Highway 111 and Washington Street; create a "Street Master Plan" map showing street designation (related to traffic flow); prioritize Fred Waring Drive improvements; and assess impacts of County's plans for Avenue 62. 3. City Staffing — increase City staffing and conduct a compensation study. 4. Sphere of Influence Master Planning — obtain a better understanding of zoning restraints and include more commercial development. 5. RDA Loan Restructuring — continue with these efforts. Council Member Henderson's goals include: 1 . Public safety is a priority. She inquired about the status of red light cameras, and Mr. Genovese replied an update is forthcoming in March. 2. Improve parking at the top of the Cove (for trail access). 3. Code Enforcement — review enforcement procedures and policies; improve follow-up; use compassion when dealing with code violations. 4. Museum improvements — Building & Safety Director Hartung stated the full construction documents will be completed this summer, but funds for construction have not been identified. Council Member Henderson suggested the use of ERAF funds; Mr. Genovese stated this will be included in the CIP discussions. 5. Village Roundabout Improvements — Public Works Director Jonasson reported the design will be completed in late spring. 6. Trail at SilverRock Resort. 7. Develop a plan to attract a movie theater. Council Member Sniff's goals include: 1. Formulate a productive agreement with DDC for SilverRock Resort development. 2. Road improvements, including widening Highway 111 to three lanes throughout the City to ease traffic congestion; Fred Waring improvements; and analyzing proposed Avenue 62 improvements, which could become very important in the future to move traffic from east to west. 3. Move forward with City Hall improvements to house additional staff, and include green tile, if possible. 4. Supporting business on an ongoing basis via good television advertising. 5. Add a few more police cars to increase the City's fleet — the visual element serves as a deterrent to crime and reassures the public. 6. Add new park facilities to serve the City's large population of youth and young adults. 7. Increase City staff, which may require increasing the personnel budget. 8. Provide affordable housing as mandated by the State. He inquired whether affordable housing could be located anywhere on the SilverRock property; Mr. Spevacek replied, "Yes." Council Member Sniff suggested the affordable housing be attractive, unobtrusive, and of good quality. 9. Enhance and protect General Fund reserves. 10. Deal effectively and thoughtfully with the Multi -Species Habitat Conservation Plan, and request additional clarification from the Coachella Valley Conservation Commission. Issues include: definition of the assessment limits, how much debt can be assumed, who is responsible for the debt, and how much adjustment can be made in the fees. 1 1 . Move forward with the museum. 12. Effectively deal with parking in and near the Village. He suggested adding parking near the Village to accommodate large events and using trams to move people. Mayor Adolph's goals include: 1 . Set aside adequate reserves to cover one year of operations. 191 2. Add Code Enforcement staff to improve code enforcement in the Cove. He believes this could assist with law enforcement. 3. Create a comprehensive plan for traffic control, both now and in the future. 4. Develop a plan of action to seek County tax sharing in the sphere of influence/annexation area. 5. Resolve PM-10 and tumbleweed problems at SilverRock Resort. He noted Mr. Jonasson has recently provided a memo regarding the current status. 6. Widen Highway 1 1 1 ; improve Avenues 54 and 58, and Madison Street; improve Fred Waring Drive. 7. Move forward with boutique hotel, clubhouse, and practice facility at SilverRock Resort. 8. Do not overburden staff with major goals and expand City Hall to accommodate additional staff. Council Member Osborne added initiating a study of berms and walls in the sphere of influence area. Mr. Jonasson noted the Highway 111 widening plans are nearly done and staff is working with Caltrans on the environmental process. He added letters have been sent to property owners along Highway 111 for property dedications, and construction could begin by the end of this year. He further reported that the County is working on a plan to widen their portion of Fred Waring, but details of the plan are unknown at this time. Regarding signal synchronization, Mr. Jonasson stated the contract Traffic Engineer works on synchronization bi-weekly. He added that Palm Desert sometimes takes their signals along Washington Street out of synchronization. He stated the Jefferson Street signals will be synchronized, but in reply to Council Member Henderson, indicated that Eisenhower Drive will not have signal synchronization. He added that staff will be focusing on drainage issues. PUBLIC COMMENT David Orme, 78510 Singing Palms, spoke in regards to engineering challenges inherent in the field, and he requested additional parking near the Senior Center and Library. He also urged the City to find a good traffic engineer. 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'+a r+ fl- (a N r° a (m rar+a cc o0 c =�D �CD CD �-t =-1 =� cc CD a � o. �. 0 CD CD r+ c � M' Cl) co M Cc Cc to Cc Cc 90N'e'O O 0 0 0 cn < 0 c D 0 0 co M' cn r+ a: CD =+ �' 0• o 7 O 5 1 0 °, 5 cD c0 as 0 0. cD N 0 0n 0 0 n o 0 n" 3 '♦ � n cc 4% o * CD n �� as r+ a r+ N a 0 Ch 0 •fir, J AGENDA CATEGORY: OF BUSINESS SESSION; COUNCIL/RDA MEETING DATE: April 4, 2006 CONSENT CALENDAR: ITEM TITLE: Adoption of a Resolution Accepting a STUDY SESSION: Donation from Windermere Realty and Orange Coast Title Company for the annual Egg Hunt and Chalk PUBLIC HEARING: Drawing Contest RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation from Windermere Realty and Orange Coast Title Company for the annual Egg Hunt and Chalk Drawing Competition. FISCAL IMPLICATIONS: Windermere Realty and Chicago Title have both generously donated $250, for a total of $500, to offset the expenses for the annual Egg Hunt and Chalk Drawing Competition which will be held on April 15, 2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The annual Egg Hunt and Chalk Drawing Competition are held each spring and attract more than 1,000 children ages 12 and under. The event budget is $800. However, the attendance at the event increases each year, requiring additional supplies. The donation of cash and supplies from both Windermere Realty and Orange Coast Title Company will allow the City to purchase additional supplies and prizes. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from 199 Windermere Realty and Chicago Title for the annual Egg Hunt and Chalk Drawing Competition; or 2. Do not adopt a Resolution of the City Council accepting a donation from Windermere Realty and Chicago Title for the annual Egg Hunt and Chalk Drawing Competition; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 10 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM WINDERMERE REAL ESTATE AND ORANGE COAST TITLE FOR THE ANNUAL EGG HUNT AND CHALK DRAWING COMPITION WHEREAS, On April 4, 2006 Windermere Real Estate and Orange Coast Title generously offered to donate $500 to be used for the annual Egg Hunt and Chalk Drawing Competition; and WHEREAS, The gifts were offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of $500 from Windermere Real Estate and Orange Coast Title for the annual Egg Hunt and Chalk Drawing Competition. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of April 4, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 191 Resolution No. 2006- Windermere Real Estate and Orange Coast Title Adopted: April 4, 2006 Page 2_ ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 195 COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Adoption of a Resolution Accepting a Donation from 123 Fitness for the Egg Hunt for Adults RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: j4 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council accepting a donation from Lloyd Doolittle, owner of 123 Fitness, for the annual Egg Hunt for Adults. FISCAL IMPLICATIONS: Mr. Doolittle has generously offered to donate two six-month memberships to 123 Fitness, a $480 value, as prizes for the annual Egg Hunt for Adults, which will be held on April 14, 2006. CHARTER CITY IMPLICATIONS. - None. BACKGROUND AND OVERVIEW: The Egg Hunt for Adults is in its second year. The egg hunt attracted over 50 adults ages 18 and over last year. The event budget is $300. However, the additional expenses to supply quality prizes for the hunt have increased. The donation of memberships from 123 Fitness will allow the City to expand the prize list and purchase additional prizes as needed. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council accepting a donation from 123 Fitness for the annual Egg Hunt for Adults; or 193 2. Do not adopt a Resolution of the City Council accepting a donation from 123 Fitness for the annual Egg Hunt for Adults; or 3. Provide staff with alternative direction. Respectfully submitted, Edie ylton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager 1.9 4. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING DONATIONS FROM 123 FITNESS FOR THE ANNUAL EGG HUNT FOR ADULTS WHEREAS, On April 4, 2006 123 Fitness generously offered to donate two 6 month membership passes, a value of $480 to be used for the annual Egg Hunt for Adults; and WHEREAS, The gifts were offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation of two 6 month membership passes, from 123 Fitness for the annual Egg Hunt for Adults. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this day of April 4, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 19J Resolution No. 2006-_ 123 Fitness Adopted: April 4, 2006 Page 2 ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON , City Attorney City of La Quinta, California 'A' AL `SOFT COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Adoption of a Resolution in Support of a Proposition 42 Fix Initiative Ensuring Future Revenues Raised by Proposition 42 are Dedicated to State and Local Transportation Projects Only RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /16� STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council in support of a Proposition 42 "Fix" initiative. FISCAL IMPLICATIONS: Over the past three years, the State of California has allowed roughly $2.5 billion in Proposition 42 funds to be spent on non -transportation projects. The proposed measure, referred to as the Prop. 42 "Fix," would require that the $2.5 billion be repaid over a period of 10 years. It would also ensure that future revenues raised by Proposition 42 be spent on State and local transportation projects only. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The League of California Cities (the League) is requesting that cities consider a resolution in support of the Prop. 42 "Fix" initiative. The initiative would qualify a constitutional amendment for the November 2006 ballot, ensuring that future revenues raised by Proposition 42 (i.e., the half cent sales tax on gasoline) would be dedicated to State and local transportation projects only. In addition, it would require repayment of Proposition 42 monies that have been used for non - transportation projects. The League is joining forces with a broad -based coalition made up of business, labor, taxpayer, local government, transportation, and public safety officials to get the Prop. 42 "Fix" measure on the November 2006 ballot. Referred to as the Californians to Improve Traffic Now, the coalition is active in trying to close the Prop. 42 loophole (more information on the coalition is included as Attachment 1). To qualify for the November 2006 ballot, the initiative needs 1.1 million signatures. The Californians to Improve Traffic Now coalition has launched an aggressive signature -gathering campaign and has secured over 600,000 signatures to date. Staff received a sample resolution from the League of California Cities. David Willmon, Grassroots Regional Coordinator for the Riverside County Division, contacted staff regarding the matter. Accordingly, a resolution has been prepared in the event Council elects to adopt a resolution in support of the Prop. 42 "Fix" initiative. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council in support of a Prop. 42 "Fix" initiative; or 2. Do not adopt a Resolution of the City Council in support of a Prop. 42 "Fix" initiative; or 3. Provide staff with alternative direction. Respectfully submitted, Thomas P. Genovese, City Manager Attachment: 1. Information on Californians to Improve Traffic Now RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA SUPPORTING A MEASURE TO SECURE LOCAL TRANSPORTATION FUNDING WHEREAS, the City of La Quinta engages in periodic capital improvement assessments and planning relating to the condition of its transportation infrastructure; and WHEREAS, the City is concerned that it is not able to maintain its transportation infrastructure consistent with public works best practices because of limited funding availability; and WHEREAS, constraints on the City's ability to fully fund local transportation infrastructure projects adversely affect residents, visitors, and businesses within the City; and WHEREAS, the City had anticipated receiving monies for this purpose as the result of Proposition 42, approved by the State's voters in March 2002, which dedicated the State sales tax paid on gasoline to State and local transportation infrastructure projects and programs; and WHEREAS, Proposition 42 contains a provision that allows the State to transfer the sales tax on gasoline to non -transportation State purposes during times of fiscal need; and WHEREAS, as a result, some $2.5 billion in Proposition 42 monies have been spent over the past three years for non -transportation purposes; and WHEREAS, a measure is being circulated to qualify a constitutional amendment for the November 2006 ballot that would ensure that future revenues raised by Proposition 42 are dedicated to State and local transportation projects only; and WHEREAS, the measure also requires the State to reimburse the $2.5 billion in funds previously spent on non -transportation expenses to be repaid in 10 years; and WHEREAS, ensuring that Proposition 42 revenues are used solely for transportation projects, along with the reimbursement of prior revenues, will greatly assist the City of La Quinta in meeting its street maintenance obligations to the benefits of its residents, visitors, and businesses. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta, California, as follows: 1. The City of La Quinta does hereby support a constitutional amendment to ensure that Proposition 42 revenues are used exclusively for State and local transportation projects. 2. The City of La Quinta supports the constitutional amendment to ensure revenues previously used to offset non -transportation purposes are reimbursed. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of March, 2006, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ��o Cabfbroianoto Improve Traffic Now - Close the Prop. 42Loophole Attachment 1 Close the Prop. 42 Loophole. Restore Accountability to the Voters. Improve Traffic Now. Abroad-based coalition ofbusiness, labor, taxpayer, local government, transportation and public safety officials are gathering signatures toplace aconstitutional amendment onthe Novembar'08ballot toclose the Prop. 42loophole and ensure once -and -for -all that the exis"g-sales taxes we -pay at the gump go to fund local and state transportation improvement projects. Explore this site for more information about the efforts toimprove traffic now and tosee how you can get involved! Recent News Chamber Alert: 3/170G Infrastructure Must Remain High Priority Read More Contra Costa Times: 3/17/06 Bond failure could slow county road projects Read More Campaign Update: 3/1606 Legislative Efforts Fail to Produce prop. 42 Fix for June Ballot Read More Media Statement: 3/16/06 Business, Labor, Taxpayer & Local Government Coalition Vows toContinue Signature Gathering Drive toPlace Measure mnNovember Ballot toClose Prop. 42Loophole Read More � � Signature Update � ~ Goal: 1.1 million signatures ~ � � copy"gn!zooe ca/xumi� n,m limnn,erraimc Now M niahts Resneu po/u for, by cox�m/ons � zmpmvenamc Now, o co; xunn of taxpayers, u`ns�,cuon' uusmess un� labor, and cax��/u mxnncem,�o�s nebuxucaommiocomm/�eeand cax��ia�a�Couno|mruaum��/ssyespxc / v�(� � �/"� httn://vvvvvvc}ose42loonho}e.cooz 3/29/2006 Priority Focus: Prop. 42 'Fix' Initiative Continues Signature -Gathering Push Page 1 of 1 Leagueof aI PR10RITV 1 2006 - Issue #11 March 17, 2006 HOME Prop. 42 'Fix' Initiative Continues Signature -Gathering CONTENTS Push Editor's Note Legislature Fails to Californians to Improve Traffic Safety Now, the coalition that includes the Pass Infrastructure League of California Cities and other organizations sponsoring an initiative to Bond Package for stabilize Prop. 42 funding for transportation, issued a press statement this week June Ballot announcing that they have gathered more than half of the 1 million signatures Proposition 81 - needed to qualify the initiative for the November ballot: Library Bond Still on June 2006 Ballot House Committee "Our signature gathering drive remains at full throttle. As of 3116106, we have Likely to Move on collected more than 560,000 signatures. We have no doubt that we will garner the 1 National Telecom million signatures needed by early May to qualify our measure. " Franchise California City The campaign also asserted that, with the breakdown in infrastructure discussions Officials Lobby in the Legislature, "Our initiative (is the) 'Only Game in Town"' - Congress on Telecom, CDBG, Other Priorities "A key part of these infrastructure negotiations surrounded a legislative Survey Shows constitutional amendment to close the Prop. 42 loophole. Unfortunately, state Mounting City elected officials were unable to approve a bond package and Prop. 42 fix by Concerns Over CDBG, Wednesday's deadline. That means our signature gathering drive and initiative are Health Care Costs, the best and most realistic hope to close the Prop. 42 loophole this year. " Traffic and Affordable Housing Information about the coalition and their efforts is available on the campaign SB 1754 (Lowenthal): League -Sponsored website: www.close421oophole.com. Measure Seeks Collaborative Housing Solutions [PRINTER FRIENDLY VERSION] Prop. 42 'Fix' Initiative Continues Signature -Gathering Push Applications Now Being Accepted for Leadership Positions in the League's Mayors and Council Members Department Published by League of California Cities E-MAIL TO A COLLEAGUE Cities. All ° Copyright © 2006 League of California rights reserved. Powered by IMNTM http://www.imakenews.com/priorityfocus/e_article000550180.cfm?x=b71 w3Dh,b4ybSLGf 3/29/2006 League of California Cities - Advocacy Page 1 of 2 r i '! N // / i. yy'/ H/54 52'r.'/ •d! //5 j„b/Yk•'•;. f,�m5�jt'•Y, ..S ko wrsz• �%F', ff, , • lm��y, �rnn?» .,� /, �.�+�'/�„ , , � sv ✓Y;p�• �X"7 tr,5 'f� ;?�• �. .. • . Bill' Search Contact Us Ganferenc (Eae:nt Calendar Iffor oration. Res rces IA ivarced Search, Library, Cry Br,�.Al Newsriio l Listrvvm ProdurJr. & Sar;icss [Financing & Purchasing., -Travel Program,Muni-Link] ke. Search Prop. 42 `Fix" Initiative Kicks Off Elk Grove Mayor Sophia Scherman signs petitions to dace Prop. 42 reform initiative on Nov. 2006 ballot. !" unii , rik VVednesday, March 29, 2006 <PRINTER -FRIENDLY PAGE> A news conference to promote the launch of a Proposition 42 initiative signature -gathering campaign was held on Thursday, Feb. 16, at the future site of the new Inter - modal Station in downtown Sacramento. The event was organized by Californians to Improve Traffic Now, a coalition of taxpayers, construction, business, labor and local government organizations including the League of California Cities. The group must gather approximately one million signatures by early May to qualify an initiative for the November 2006 ballot that will close a loophole in Prop. 42 that allows the Legislature and the governor to shift Prop. 42 funds (the half -cent sales tax on gasoline) from state and local transportation projects to the general fund during times of state fiscal emergency. League regional representatives are working with the coalition to help organize additional press conferences in the Bay Area, San Diego and Los Angeles. Prop. 42 Loophole Thwarts Voters' Will In two of the past three years, more than $2.5 billion of Prop. 42 monies have been transferred to the state general fund, stalling or cancelling much -needed transportation improvement projects statewide. - "Just three years ago, nearly 70 percent of California voters overwhelming passed Prop. 42 - it was a clear Pill bfa mandate," said Jim Earp, executive director, California Alliance for Jobs, and chair, Californians to Improve €= Traffic Now. "But the will of the voters is being denied ?our measure will prevent the Legislature and governor from using the existing sales taxes on gasoline for anything but state and local transportation and transit needs." Sacramento Mayor Heather Fargo, a League of California Cities board member, commented that not only is her city struggling with transportation issues, but California as a whole, is one of the most traffic - congested areas in the United States. "Our state has the worst roads in the nation and three of the country's five most congested urban areas," Fargo explained. "This initiative will finally provide some stability and certainty for the state funding we need to jump-start local transportation projects." Sacramento County Supervisor Roger Dickinson said that, according to the Sacramento Area Council of Government's Master Plan for 2025, road maintenance costs for Sacramento County are backlogged by $780 million. The plan estimates road maintenance needs over the next 20 years will cost approximately $3 billion. "Local governments in California depend on the funding generated from the existing sales taxes on gasoline to fix potholes, improve intersections and pave and improve streets and roads," Dickinson said. "But cities and counties have lost hundreds of millions of dollars due to the shifts of Proposition 42 monies, and it's left our local roads and streets at a breaking point." Also speaking at the conference were John Bonilla, business manager, Operating Engineers Local Union #3, and Allan Zaremberg, president, California Chamber of Commerce. Zaremberg pointed out that transportation projects such as the Harbor Boulevard Interchange in West Sacramento provide; key examples of how a steady source of revenue will benefit California. http://www.cacities.org/indexjsp?displaytype=1 I &zone=locc&section=advo&sub_sec=advo_ballot&tert... 3/29/2006 League of California Cities - Advocacy Page 2 of 2 "When completed, this project will help provide for the free flow of goods to and from the port, and will also create many good -paying local jobs," he said. "Enough is enough," Earp added. "It's time to make good with the voters of California." (See "Ballot Measure Do's and Dont's for Public Official Copyright 02005 League of California Cities. All rights reserved. Privacy Policy. Com etu List of GaV rni , Ci"es. Ne vsroor last updated : 2/21/2006 t-) 404 http://www.cacities.org/indexjsp?displaytype=1 I &zone=locc&section=advo&sub_sec=advo_ballot&tert... 3/29/2006 L; c / � vtO • �r ..r' e-i'�iVC nu'.JIIA'im �.�• c ti OF � COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Approval of an Amendment to the Memorandum of Understanding on the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan Regarding "Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard" to Provide an Extension of the Current MOU until June 30, 2006 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: � STUDY SESSION: PUBLIC HEARING: Approve the Amendment and authorize the Mayor to sign the necessary documents. FISCAL IMPLICATIONS: The extension will continue the City's collection of $600 per acre for the preserve. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Memorandum of Understanding (MOU) was originally approved in March 2001 by CVAG, its member cities, the County of Riverside, the California Department of Fish and Game, and the United States Fish and Wildlife Service (FWS). The MOU amended the Coachella Valley Fringe -Toed Lizard Habitat Conservation Plan and had an expiration date of September 1, 2002. Two subsequent Amendments extended the MOU and its assurance from the FWS that the permit for "take" of the Coachella Valley Fringe -toed Lizard would not be suspended or revoked. This extension until June 30, 2006 will continue the assurance that no action will be taken, providing regulatory certainty to developers and local governments while the Coachella Valley Multi -Species Habitat Conservation Plan ("CVMSHCP") is completed. It is anticipated the CVMSHCP will be completed by June of 2006. For a jurisdiction to be a party to this extension, it must execute the Amendment. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the Amendment and authorize the Mayor to sign the necessary documents; or 2. Do not approve the Amendment nor authorize the Mayor to sign the necessary documents; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. ans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Amendment to the MOU CVAG ATTACHMENT 1 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedral City Coachella • Desert Hot Springs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla Indians March 3, 2006 Mr. Tom Genovese City Manager City of La Quinta 78-495 Calle Tampico La Quinta, CA. 92253 Dear Mr. Genovese: The enclosed extension ofthe Memorandum of Understanding (MOU) for the Coachella Valley Fringe - Toed Lizard Habitat Conservation Plan requires your immediate attention. This was approved by the Executive Committee on February 27, 2006. Please place this on your Council/Board agenda for consideration as soon as possible. Extension ofthe MOU until June 30, 2006 will continue the assurance that no action will be taken against the existing CVFTL HCP permit, providing regulatory certainty to developers and local government while the CVMSHCP is completed. BACKGROUND: This MOU was originally passed by the Executive Committee on March 275 2001 and has been extended twice. It's purpose is to assure that the United States Fish and Wildlife Service (FWS) will not act to suspend or revoke the existing permit allowing development in the habitat ofthe Coachella Valley fringe -toed lizard while the j urisdictions ofthe Coachella Valley are working in good faith to develop the Coachella Valley Multiple Species Habitat Conservation Plan. The California Department ofFish and Game (DFG) was not a party to the original CVFTL HCP and under this MOU made a determination pursuant to Section 2080.1 ofthe Fish and Game Code that the original CVFTL HCP with the additional mitigation measures of the MOU was consistent with the California Endangered Species Act. The main. points of the original MOU are: 1) Removal of two areas within the jurisdiction ofthe County of Riverside from coverage under the take permit of the CVFTL HCP. The County agreed to refer all applicants for construction permits (grading and building permits for new primary structures) to the Resource Agencies in order to obtain take authorization. Written authorization to take the Coachella Valley fringe -toed lizard is required from the applicant prior to issuance ofthe construction permit. 2) Increasing the mitigation fee to $600 per disturbed acre to acquire land within the areas 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS removed from coverage under the take permit of the CVFTL HCP. 3) The Cities, County, CVAG, FWS and DFG shall diligently work to complete the CVMSHCP. I have enclosed one original document and 14 signature pages. Please have the Mayor sign all pages and return them to me so that I may obtain the remaining signatures. When complete I will send you an executed original for your records. If you have any questions or need further information regarding this agreement please call (760) 346-1127. Sincerely, COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS MARY M. GODFREY Administrative Services Assistant cc: Jim Sullivan, Dir. of Environmental Resources February 9, 2006 AMENDMENT TO MEMORANDUM OF UNDERSTANDING Among THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE -TOED LIZARD 1. AMENDMENT OF PRIOR MOU: As to the rights and obligations of the signatories hereto, the Memorandum of Understanding Regarding Measures to Minimize and Mitigate Take of the Coachella Valley Fringe -Toed Lizard (MOU) previously executed by the Parties on or about May 30, 2001 is hereby amended. II. EXTENSION OF TERM OF MOU: The term of the MOU, as it applies to the signatories hereto, is extended to, and shall expire on, June 30, 2006 or upon issuance by FWS and CDFG of take authorizations for the MSHCP, whichever occurs first. III. MISCELLANEOUS: A. All other terms and conditions of the MOU shall remain in full force and effect. B. As used herein, the term "jurisdiction" refers to the Cities and County that were parties to the MOU. C. The terms used herein shall have the same meaning as defined in the MOU. 209 Page 1 DATED: ATTEST: DATED: ATTEST: DATED-.. ATTEST: DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF CATHEDRAL CITY m CITY OF COACHELLA I2 CITY OF DESERT HOT SPRINGS CITY OF INDIAN WELLS By CITY OF INDIO LM CITY OF LA QUINTA By Page 2 DATED: ATTEST: DATED: ATTEST. - DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CITY OF PALM DESERT By CITY OF PALM SPRINGS By CITY OF RANCHO MIRAGE By COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By COUNTY OF RIVERSIDE By 211 Pao,e 3 DATED: ATTEST: DATED: ATTEST: DATED: ATTEST: CALIFORNIA DEPARTMENT OF FISH AND GAME o U. S. FISH AND WILDLIFE SERVICE CENTER FOR NATURAL LANDS MANAGEMENT Im � � Page 4 T 0 11�df 4 4Q�rw COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Consideration of a Sponsorship Proposal from KMIR 6 for New Driver Car Control Clinic RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: KMIR 6 is seeking a Presenting Team sponsorship from the City of La Quinta for $15,000 for a New Driver Car Control Clinic. The sponsorship could be funded by the General Fund Undesignated Reserve Account #101.000.290.0000. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: KMIR 6 is requesting the City of La Quinta sponsor New Driver Car Control Clinics that will be held at both the Palm Springs Airport and Jacqueline Cochran Airport on May 13-14 and May 20-21 of 2006. The program is designed for "teams" with a new teen driver and a parent for two hours of classroom and four hours of "blacktop" driving. There will be four clinics held, each having 40 teams with 160 new teenage drivers. The program is offered by Advanced Car Control Techniques, a private company specializing in educating teen drivers. This program has been in existence for ten years across the United States and this is the first time it will be offered in California. The program will cost $149 per team. The total cost for the program is $120,000 and KMIR 6 is seeking sponsorships to help defray the costs of the program. KMIR 6 is 2l� providing sponsorship proposals to all area cities for support; however, none have funded the program to date. Sponsorship Levels available to support this project include: Presenting Team Sponsor- ($15,000) This level of sponsorship includes naming rights to the event, identification in all spots promoting the event, name and logo on all promotional materials, complete recognition in all television, radio and print materials, name and logo on web -site banners, name and logo on all on -site banners, identification on the PSA campaign with 15 second spots airing six times per week between June and September, KMIR 6 will list the City of La Quinta on the half hour program featuring Teen Safety, and safety videos will be made available at all video retailers. Gold Sponsor- ($10,000) This level of sponsorship provides the city's name and logo on all promotional materials, recognition in television, radio and print advertising, name and logo on all on -site banners and on the website banner on KMIR 6.com. KMIR 6 will produce and air a half hour program on Teen Safety. The city's name and logo will be listed on the sponsorship credits. Silver Sponsor- ($5,000) This level of sponsorship will provide the city's name and logo on all promotional materials, recognition on television, radio and print advertising, name and logo on all on -site banner and on the Website banner for the KMIR6.com. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve the request for a Presenting Sponsorship for $15,000 from the KMIR 6 for the New Car Driver Control Clinic; or 2. Approve funding for a Gold Sponsorship for $10,000 for the New Driver Car Control Clinic; or 3. Approve funding for a Silver Sponsor for $5,000 for the New Driver Car Control Clinic; or 4. Do not approve the request from the from KMIR 6 for the New Car driver Control Clinic; or 5. Provide staff with alternative direction. ?14 4 Respectfully submitted, Edie Hylton, C munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 .Written correspondence dated March 21, 2006 ?�J 3 ATTACHMENT 1 Teen Driving New Driver Car Control Clinic Overview 0 New Driver Parental Involvement System Teams are 1 student driver with 1 parent 1.5 hour Allchalk talk" theory training 4 hour practical in car training • Each session has 10 teams 4 sessions booked (May 13/14, May 20/21) • Hands-on Behind the wheel experience Defensive driving skills Accident avoidance maneuvers Brake management • Steering management Eye management Wet weather driving • 56 page workbook 45 minute video Certificate of completion • Training helps install "automatic responses" in emergency situations • Our NBC affiliate station in Cleveland sold out first year in half hour • They are in their 3rd year and last year did 25 sessions • Currently being rolled out to local high schools • They have touched 1500 families in their community and saved lives $149.00 cost per family Teen Driving New Driver Car Control Clinic Presenting Sponsor Team $159000 This unique opportunity to be a participant in the Presenting Sponsor Team provides your city with valuable recognition as a community leader. As a part of the Presenting Event Sponsor team, your city benefits from exposure to all families in the Coachella Valley as well as having the opportunity to get the message out that you care about the community and are prepared to invest in its future and the welfare of its citizens. Presenting Sponsor Team benefits include: • KMIR will cover the cost of production and provide 30 second spots during the year of a Teen Safety commercial • Presenting Sponsor Team identification in all spots promoting the event • The minimum promotional schedule will run from late March 2006 until May 20, 2006 (8 weeks inclusive) • Name and logo on ALL promotional materials in conjunction with the entire event • Complete recognition in all television, radio, bus and print advertising • Name and logo on all on -site banners • Website banner advertising on KMIR6.com • Identification on a Teen Driving Safety PSA campaign (4 different 15 second spots will air a minimum of 6 times per week from June through September 2006) • KMIR will produce and air a half hour program featuring our on air talent (focused on Teen Safety). The program will be provided at no cost to EVERY grade 10 & 11 classroom teacher in the Coachella Valley • The half hour Teen Safety program will be available at local video retailers for free rental 217 Teen Driving New Driver Car Control Clinic Current Sponsors Include: • NBC KMIR 6 • The Desert Sun • Morris Desert Media • Sunline Transit Agency • Riverside County Sheriffs Department • Desert Sands Unified School District • Palm Springs Unified School District • Coachella Valley Unified School District Teen Driving New Driver Car Control Clinic Gold Sponsor $10,000 (four sponsorships available only) This unique opportunity to be the Gold Sponsor provides your organization with valuable recognition as a community leader. As the Gold Event Sponsor, your organization benefits from exposure to all families in the Coachella Valley as well as having the opportunity to get the message out that you care about the community and are prepared to invest in its future and the welfare of its citizens. Gold Sponsor benefits include: • Name and logo on ALL promotional materials in conjunction with the entire event • Complete recognition in all television, radio and print advertising • Name and logo on all on -site banners • Website banner advertising on KMIR6.com • KMIR will produce and air a half hour program featuring our on air talent (focused on Teen Safety). The program will be provided at no cost to EVERY grade 10 & 11 classroom teacher in the Coachella Valley • The half hour Teen Safety program will be available at local video retailers for free rental Maximize your exposure...... with high visibility 1,9 Teen Driving New Driver Car Control Clinic Silver Sponsor $5,000 (six sponsorships available only) This unique opportunity to be the Silver Sponsor provides your organization with valuable recognition as a community leader. As the Silver Event Sponsor, your organization benefits from exposure to all families in the Coachella Valley as well as having the opportunity to get the message out that you care about the community and are prepared to invest in its future and the welfare of its citizens. Silver Sponsor benefits include: • Name and logo on ALL promotional materials in conjunction with the entire event • Complete recognition in all television, radio and print advertising • Name and logo on all on -site banners • Website banner advertising on KMIR6.com Maximize your exposure ...... with high visibility .n � o COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Consideration of Andrea Gassman on Behalf of Desert Bar Association to Use City Mascot Gamby for Event RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The costs associated with the use of the City Mascot Gamby for an event is contingent upon staffing, which is estimated at $1 58 and would be charged to account 101-3001-451 .10-01 for full-time salaries and 101-3001-451 .10-03 for part-time salaries. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the March 21, 2006 City Council Meeting, Commissioner Andrea Gassman requested the use of the City mascot, Gamby, for the Desert Bar Association's "Distinguished Judges Night and Annual Bird Awards" Ceremony (Attachment 1). The costs associated with the use of the Gamby suit include a staff member to be Gamby and a staff member to escort and assist Gamby with assembling the costume. Travel costs from La Quinta to Palm Springs are also included with the cost. The estimated expenses associated with the use of Gamby are as follows: Staffing time (2) Travel costs Costume Cleaning Charge Estimated Total $ 176.00 $ 27.00 $ 10.00 $ 213.00 *Note: overhead charges of $46.00 were not applied to above fee. Since the Gamby costume is only being utilized by part-time city staff, the only liability would be if the part-time person in the Gamby suit were to be injured and a Workman's Compensation claim filed or if there were injury to others. There is no policy preventing the use of Gamby for appearances other than City functions. To date, Gamby has not been used for non -city events; however the City Council may wish to create a policy for such considerations. As compensation for the use of Gamby suit, the Desert Bar Association is offering free advertisement in the event's program. Cost for the use of Gamby will be paid for by Ms. Andrea Gassman, as proposed by Ms. Gassman. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Authorize the use of the City mascot Gamby at the Desert Bar Association's "Distinguished Judges Night and Annual Bird Awards" Ceremony; or 2. Do not authorize the use of the City mascot Gamby at the Desert Bar Association's "Distinguished Judges Night and Annual Bird Awards" Ceremony; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton, C munity Services Director ��4 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Written Correspondence ANDREA C. GASSMAN 53-415 Avenida Obregon La Quinta, CA 92253-3438 Telephone: (760) 564-2100 Email: act!assman(a;dc.rr.com March 9, 2006 Via email to: eh Iton c�ix la- uinta.or Edie Hylton CoMrnunity Services [:director City of La Quinta Re: Gamby — Special Consideration Dear Edie: Facsimile: (760) 564-2100 Please forward this letter to the Honorable Mayor Don Adolph and esteemed Council Members. Each year the Desert Bar Association ("DBA") hosts the "Distinguished Judges Night and Annual Bird Awards." The award ceremony is a time when members of the bar association, judges, and clerks gather to roast one another through the parody of a musical or play written by a bar association member. In past years, members of the DBA have presented such block -busters as "Chi -Law -Go," and "Phantom of the Courthouse." This year we will be performing Monty Python's "In Search of the Holy Quail" written by Karen Sloat, of Fitzgerald and Mule'. Yes, "quail" rather than "grail." In my discussions with staff of the City of La Quinta, I understand that Gamby occasionally makes appearances only at city -sponsored events. While this is not an edict, it has become a custom. On behalf of the Desert Bar Association, I am requesting special consideration with regard to Gamby. Gamby's presence as the "holy quail" would contribute tremendously to the success of the event and would require only Gamby's walk across the stage. As compensation for the use of Gamby, the DBA is offering free advertising of any city -sponsored events, including but not limited to Silver Rock, in the program for the evening. This would create good will for the City and educate members of the DBA that the City of La Quinta has a mascot. The event is scheduled for. - Date: May 20, 2006. Please note that we may need to borrow Gamby for "his" fitting on a platform prior to the event. Location: Riviera Country Club, Palm Springs Please consider this request. Rest assured, I will take full responsibility for Gamby. If you have any questions, please do not hesitate to contact me at work (568-5661) or home (564-2100). Thank you. Andrea C. Gassman rw P,�# !l � Gv OFT AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 4, 200E BUSINESS SESSION: ITEM ITEM TITLE: Discussion of the Draft Fiscal CONSENT CALENDAR: Year 2006/2007 through 2010/201 1 Capital STUDY SESSION: Improvement Program PUBLIC HEARING: RECOMMENDATION : Direct staff to make appropriate revisions to the draft Fiscal Year 2006/2007 through 2010/2011 Capital Improvement Program (CIP). The revised CIP will be submitted to the City Council for consideration and approval in May 2006. FISCAL IMPLICATIONS: This is an informational report only. Once the CIP is adopted, the Fiscal Year 2006/2007 projects will be incorporated into the annual budget. The CIP was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated collections of Development Impact Fees (500 units per year). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: A copy of the draft CIP is presented to the City Council for review. This document is a statement of the City's goals, objectives, and priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works, Finance, Building and Safety, Community Services, Community Development, and City Clerk Departments. 226 The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "Operating" Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of- way acquisition, construction or modification of buildings or facilities, and public infrastructure construction or modification. Fiscal Year 2006/2007 through 2010/2011 CIP includes a listing of projects by fiscal year priority and type of improvement. These projects are presented in summary on Exhibit 1. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include street, drainage, traffic signals, sound walls, landscaping and lighting, and city facilities. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. Those projects that are designated as "additional projects" do not have identified funding sources through the term of the five-year program, or, in the case of DIF funded projects, a long-term collection period is required to develop the specified project. The additional projects are presented in summary on Exhibit 2. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIPs. Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to fund the project, and an estimate of the annual M&O costs associated with the capital improvement. The completion of any specific capital improvement project may have a diri✓ct 2 !.17 impact on the M&O budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity of the operating budget to cover these ongoing costs. All project costs included in the 2 CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2007/2008 through 2010/201 1. The 2005/2006 CIP identified $24,886,224 in capital improvement projects. All 2005/2006 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "CIP Fiscal Year 2005/2006 Project Status Report," which lists: one 1996/1997 project carried -over, one 2000/2001 project underway, one 2000/2001 project completed, two 2001 /2002 projects completed, one 2001 /2002 project underway, four 2002/2003 projects underway, three 2003/2004 projects underway, five 2003/2004 projects completed, three 2004/2005 projects underway, one 2004/2005 project completed, and five 2005/2006 projects underway. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. Fiscal Year 2006/2007 proposes $9,156,828 in capital improvement projects. There are fifteen projects identified for this fiscal year. Project Nos. 199613- Washington Street/I-10 Interchange Improvements, 200101-Auto Mall Improvements, 200606-Costco Improvements, and 200607-Kohis Improvements are recurring long-term commitments. Two other projects are recurring as part of a long term plan to fill missing sidewalk links (Project No. 199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project No. 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. There are nine new or secondary phased projects proposed to complete the 2006/2007 CIP. These projects include: 200409 — Village Round -A -Bout Modifications 200502 - Avenue 52 Bridge Improvement (Spanning the All American Canal) Construction 200601 — Adams Street Bridge Improvement (Spanning the Whitewater River) Design 200602 — Sound Attenuation Wall (North Avenue 50 at Lago La Quinta) 200603 — Avenue 52 Median Island Landscape Improvements (Calle Rondo to Jefferson Street) 200604 — Phase III Highway 1 1 1 Improvements (Washington Street to West City Limits) 200605 — Maintenance Yard Master Plan 200608 — SilverRock Resort Phase II Golf Course Design 200609 — Avenue 54 Median Island Landscape Rehabilitation (Jefferson Street to Madison Street) Fiscal Year 2007/2008 proposes $53,582,654 in capital improvement projects. ^8 There are a total of eleven projects identified for this fiscal year. These projects include the recurring projects previously listed, the construction phase of Project Nos. 200601 — Adams Street Bridge Improvement (Spanning the Whitewater 3 River), 200608 — SilverRock Resort Phase II Golf Course, 200701 — SilverRock Resort Clubhouse, 200702 — SilverRock Resort Phase 11 Infrastructure, and 200703 — SilverRock Resort Phase II Entry Feature/Roads. The Adams Street Bridge Improvement is funded at 80% percent with Caltrans HBBR Program funds. The construction phase of the SilverRock Resort Improvements, Project Nos. 200608 through 200703 will be funded with existing and future bond proceed revenues. The final three years of the proposed CIP identifies the six previously listed recurring projects that maintain expenditures at $718,454 for each year. There are fifty-three Add Projects identified under the current CIP "Additional Projects" (Add Projects) list that are not scheduled within the next five years. The costs associated with the implementation of these projects are estimated at $69,329,826. Please refer to the detail sheets located under the Additional Projects tab for additional information regarding this and other additional projects. The following assumptions should be taken into account when reviewing the CIP: 1. The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. The City Council's review of the draft Fiscal Year 2006/2007 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council is required to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the 2006/2007 CIP will be incorporated into the City's Fiscal Year 2006/2007 Budget. Respectfully submitted, imothy R. Jo as , P.E. Public Works irector C! Approved for submission by: 10 Thomas P. Genovese, City Manager Attachment: 1. Draft Capital Improvement Program SSA t MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: �tmothy R. Jonasson P.E. Public Works Director/City Engineer DATE: April 4, 2006 RE: Letters from Citizens Requesting Inclusion of Projects in FY 06/07 CIP Attached are two letters from -citizens representing homeowners at Laguna de la Paz and Lago La Quinta, both requesting inclusion of sound wall projects in the FY 06/07 CIP. 231 Donna Wood 48-131 Calle Seranas La Quinta, Calif ornia 92253 May 10, 2005 Hand Delivered Mayor [)on Adolph City Council The homeowners of Laguna De La Paz bordering on. Washington Street respectfully request the City to address Recommendation 9.5 as outlined in the Sound Attenuation Study prepared by Alliance Acoustical Consultant, Inc. dated June 4, 2003. This request would require action by the Council to move the project from the Capital Improvements Plan unfunded list to the (CIP) funded priorities for 2006. The construction of the appropriate noise barrier will mitigate what has become a major deterrent to the quality of life for Laguna De La Paz residents adjacent to Washington Street. I look forward to your positive response. Si cerely, Donna Wood 232 JIM T. MURPHY ;RN 17 77-947 Lago Drive, LlQuinta, CA. 92253 760-771-0738 January 9, 2006 The Honorable Don Adolph City of LaQuinta P.O. Box 1504 LaQuinta, Ca. 92247 Sir. In April of 2003, The Lego L.aGluuinta Homes Association Committee met with Mr. Timm Jonasson Works Director, to discuss an ever increasing noise problem on Avenue 50, between Washi gtonubliand Eisenhower. At that time, we presented a letter which detailed accelerating traffic volume which was part Of a Gordon Bricken & Associates study done in March of 1989. This study, which was presented city, indicated a significant increase in traffic on the Washington/AvenueP anted to the 2003, sound from traffic would be atf dBA or an increase of 60�6.The addition olocation. new school located at Tampico and. Eisenhower has further intensified the noise level. The City of LaQuinta acted on this situation and erected a ten -twelve foot wall on Washin it 700 feet west on Avenue 50, in order to solve the noise problemgton extended . We have worked with Mr. Jonasson since 20p3. On July 1, 2003, the study and was directed to bring back funding recommendations though developerCounci! ct fee End the sound Include the sound walls in the next CIP Program. gl fees (DIF), and to, We next met with Mr. Jonasson in January 2004, and presented a follow-up letter on the wall. We learn then• that we were not in the QP program, but would be included in 2005. In March of 2004, the ed June Greek indicated that we should plan on attendingthe °on the wall and its inclusion with CIP for Fiscal Year 2004-05. We attended that meetingpres ant nd d r on request. As a resins; our project was added the our by City Council to the CIP as an unfunded project. In December'2004, many homeowners wrote letters to you asking for your help in obtaining funding with DIF fees for our sound wail. In April 2005, Tun Jonasson sent me an e-mail saying the sound level problems were well documented and believed the wall would be discussed in the May meeting involving the DIF update. The C+ty Council meeting was held on June 7, 2Q05, where we were invited to make a brief oral Presentation. A large contingency of our homeowners attended the meeting, and our s detailed the key points involving the sound wall. He discussed the study, the ever�increapsins volume of cars fin. and resulting noise Levels. Our proposal is to extend the current wall at Montero Estates 1,751 feet west on Avenue 50. The City approved the proposal unanimously. I think it is noteworthy that the La Homeowner's Association was the only one represented that had an interest: in the DIF. go 233 -2- We understand our wall must now compete with other transportation/beautification-fielated projects for funding. We welcome that challenge and took forward to making a final presentation at the City CounrA Meeting on March 21"to obtain funding in the 2005-06 elp. t would Eke to personally thank Tim Jonasson for his help and guidance during the past three years, as weft as members of his staff. Yours very truly, U Jim T. Murphy President L.ago LAQuinta Homes Association JTMtww C. Terry Henderson Stan Sniff Lee Osborne Ron Perkins Tan Jonasson JIM T. MURPHY 77-947 Ingo Drive, LaQuinta, CA. 92253 f7�1�17r%�Il�c�.3 January 9, 2006 The Honorable Don Adolph City of LaQuinta P.O. Box 1504 LaQuinta, CA. 92247 Sir. In April of 2003, The Lago LaQuinta Homes Association Committee met with Mr. Tim Jonasson, PE, Public Works Director, to discuss an ever increasing noise problem on Avenue 50, between Washington and Eisenhower. At that time, we presented a letter which detailed accelerating traffic volume which was part of a Gordon Bricken & Associates study done in March of 1989. This study, which was presented to the city, indicated a significant increase in traffic on the Washington/Avenue 50 location. It stated that by 2003, sound from traffic would be at6 dBA or an increase of 604r6. The addition of a new school located at Tampico and Eisenhower has further intensified the noise level, The City of LaQuinta acted on this situation and erected a ten -twelve foot wall on Washington and extended it 700 feet west on Avenue 50, in order to solve the noise problem. We have worked with Mr. Jonasson since 2003. On July 1, 2003, the City Council approved the sound study and was directed to bring back funding recommendations though developer impact fees (DIF), and to include the sound walls in the next CIP Program. We next met with Mr. Jonasson in January 2004, and presented a follow-up letter on the wall. We learned then, that we were not in the GIP program, but would be included in 2005. In March of 2004, the City Cleric, June Greek indicated that we should plan on attending the April City Council meeting to present our views on the wall and its inclusion with CIP for Fiscal Year 2004-05. We attended that meeting and made our request. As a result, our project was added by the City Council to the CIP as an unfunded project. In December 2004, many homeowners wrote letters to you asking for your help in obtaining funding with DIF fees for our sound wall. In April 2005, Tim Jonasson sent me an e-mail saying the sound level problems were well documented and believed the wall would be discussed in the May meeting involving the DIF update. The City Council meeting was held on June 7, 2005, where we were invited to make a brief oral presentation. A large contingency of our homeowners attended the meeting, and our spokesman, Tim Flynn, detailed the key points involving the sound wall. He discussed the study, the ever-increasing volume of cars and resulting noise levels. Our proposal is to extend the current wall at Monterc Estates 1,751 feet west on Avenue 50. The City approved the proposal unanimously. I think it is noteworthy that the Lago Homeowner's Association was the only one represented that had an interest in the DIF. n 3- -2- We understand our wall must now compete with other transportation/beautification-related projects for funding. We welcome that challenge and look forward to making a final presentation at the City Council Meeting on March 216C to obtain funding in the 2005-06 CIP. would like to personally thank Tim Jonasson for his help and guidance during the past three years, as well as members of his staff. Yours very truly, Jim T. Murphy President Lago LaQuinta Homes Association JTM.tww C, Terry Henderson Stan Sniff Lee Osborne Ron Perkins Tim Jonasson "36 COUNCIL/RDA MEETING DATE: April 4, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Discussion of City of La Quinta CONSENT CALENDAR: Marketing Concepts for Fiscal Year 2006-07 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None associated with this study session item. By way of background, the current City of La Quinta Marketing Plan has an associated budget of approximately $560,000. This comprehensive marketing effort is being supported by various accounts within the City of La Quinta's Fiscal Year 2005-06 Budget, including: economic development, redevelopment, community services, and Landmark's annual budget. A marketing budget for Fiscal Year 2006-07 has not yet been established. The marketing items the City Council selects for implementation during the upcoming fiscal year will be utilized to prepare a City of La Quinta Marketing for Plan Fiscal Year 2006-07. Although general budget parameters will be identified in conjunction with the proposed new plan, ultimately, the corresponding marketing budget will be considered and adopted as part of the City's regular budget process and contract for services process. 037 CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support, and promote economic development. Various marketing strategies being recommended for Fiscal Year 2006-07 are intended to accomplish this goal. BACKGROUND AND OVERVIEW: Every year, prior to consideration of a new City Marketing Plan, Council holds a study session to evaluate and discuss marketing strategies for the upcoming fiscal year, and to provide input and direction on same. Kiner Communications, the City's professional marketing firm, facilitates this process as part of its contractual responsibility to update the City's Marketing Plan on an annual basis. As a precursor to the actual preparation of an updated City Marketing Plan, Kiner Communications submits marketing recommendations for Council consideration. Projects springing to life or gaining momentum in La Quinta, such as new shopping and dining outlets as well as the SilverRock golf course — coupled with the promise of new hospitality venues — are affording the City the ability to consider new angles to its marketing efforts while continuing those tools that have been effective in prior years. Also weighing in are the City's 25th anniversary (as a possible underlying theme) and La Quinta's ability to tap into the tourism market. These factors have been taken into account in preparing the recommended marketing strategies for the upcoming fiscal year. In order to facilitate City Council discussion and direction, a summary of Kiner Communications' Recommended Marketing Strategies for Fiscal Year 2006-07 is provided below (with the full document provided as Attachment 1). The document contains three main marketing components: 1) General City Marketing, 2) City Communication, and 3) Arnold Palmer Classic Course. The various strategies therein identify associated marketing tasks and activities as well as the responsible entity (i.e., economic development, community services, golf operator) . Component 1 — General City Marketing Market La Quinta Locally Television Advertising (Continue) — Continue television advertising with creation of ten to fifteen new 1 5-second spots to promote new shopping and dining within the City's 25th anniversary context 2 Radio & Print Advertising (New) - Undertake parallel shop/dine/251" anniversary campaign via radio and publications such as LQ Magazine and The Desert Sun Redesigned City Website (New) - Explore new City website promotion in conjunction with City's 25t" anniversary Market La Quinta to Visitors Out -of -Market TV Spot (Continue) - Continue to run out -of -market, 30- second TV spots in Los Angeles and Orange County Play & Stay Print Campaign (Continue) - Run ads in the Los Angeles Times (desert resorts travel section) CVA Co-ops (Continue) - Take advantage of cooperative advertising with the Palm Springs Desert Resorts Convention & Visitor's Authority Market La Quinta through Events, Publications/Program Guides, and other Promotional Efforts Trade Shows/Special Events (Continue) - Promote the City via presence at ICSC Convention in Palm Springs, BizNet Symposium & Expo, and City annual picnic Event Program Guides (Continue) - Promote City via ads in various event program guides including ICSC Palm Springs and Bob Hope Chrysler Classic Palm Springs Life (Continue) - Continue participation in Palm Springs Life's October issue City Promotional Items (Continue) - Staff to continue purchase of City promotional items such as pens, coasters, and calculators for trade shows and special events Contingency (Continue) - Maintain contingency account for unique advertising opportunities that may come up during the year Component 2 - City Communication Communicating with La Quinta Residents Public Relations (Continue) - Issue press releases to the media on important City news and events Quarterly Newsletter (Continue) - Continue distribution of quarterly newsletter as a means of communicating City news and happenings to residents City Calendar (Continue) - Continue City calendar distribution to residents as nice gift and good communication piece 3 1:2*1 * City of La Quinta Gem Pages (Continue) — Complete redesign, and City staff to continue gathering information from various departments for inclusion in this monthly publication * New PR Campaign (New) — Implement public relations campaign centered on City's 25th anniversary; explore the possibility of working with high school students on La Quinta historical project Communications Pieces for Key Activities and Events * Quarterly Recreation Brochure (Continue) — Continue distribution via the Community Services Department * Community Services Promotional Materials (Continue) — Create postcards, posters, and other materials as needed to promote spring events * Winter Postcard (New) — Produce winter postcard to mail to La Quinta residents * 25" Year Anniversary Committee (New) — Create a committee to plan and oversee festivities related to the City's 25' year anniversary celebration * Logo for 25' Anniversary (New) — As part of City's 25th anniversary marketing, create a 25' anniversary logo * Special Events (New) — Consider, via the 25th Anniversary Committee, ways to celebrate the anniversary; for example, event at Civic Center Campus involving music, hot air balloon, and "Taste of La Quinta" Component 3 - Arnold Palmer Classic Course Market and Brand SilverRock Resort and Promote Golf Play * Public Relations (Continue) — Continue to research and implement PR opportunities to get SilverRock covered in feature stories in golf and travel publications * Print Advertising (Continue) — Target the golf resort population via Desert Golf, Golf News, Palm Springs Life, The Desert Sun, and other golf publications * Billboard Advertising (Continue) — Continue with new vinyl/artwork that is more easily readable * CVA Co-ops (Continue) — Pursue with goal of reaching convention and r»geting planners (marketing group and tournament play) * Non -golf Trade Publications (New) — Consider non -golf trade publications like in-flight magazines * New TV Spot (New) — Pursue production of new SilverRock spots for local and out -of -market audiences * Public Relations Spin (New) — Capitalize on national recognition in advertising and PR; if SilverRock is selected for the 2007 Bob Hope Chrysler Classic rotation, new PR opportunities will emerge 4.40 4 SilverRock Website Maintenance (New) — Hire professional services for website maintenance to keep SilverRock Resort graphically competitive with other golf courses The Arnold Palmer Classic Course marketing ideas presented above have been identified in consultation with Landmark. Similar to last year's plan, marketing of the SilverRock golf course is being proposed for inclusion in the City's Marketing Plan, and will involve coordination between City staff and Landmark. The marketing strategies and opportunities presented in this study session are being provided for Council discussion and direction. The marketing items selected for implementation during this study session will be utilized to prepare a proposed City of La Quinta Marketing Plan for Fiscal Year 2006-07. It will be presented to Council in May 2006 for further consideration, adoption, and a general review of budget implications. The City's Marketing Plan is intended to be conceptual and comprehensive in nature, and serve as a guide for City marketing efforts. Respectfully submitted, Makia Casilla�,_Managemont Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta Marketing Strategies for Fiscal Year 2006-07 F Attachment 1 Recommended Marketing Strategies for The City of La Quinta Fiscal Year 2006-0 7 COMPONENT 1 - GENERAL CITY MARKETING Use La Quinta's 25th Anniversary as an underlying theme to promote new hotels, shops, restaurants, recreation, and business opportunities. 1. Marketing La Quinta Locally as a Shopping, Dining and Golfing Destination: Use the celebration of the City's 25th anniversary to communicate economic development progress. Continued Strategies: • Television Advertising — Create ten to fifteen 15-second "factoid" spots about the City's history and progress — using a "Did you know?" type of approach. The factoids would broadcast during the evening news, and can incorporate both historical facts about La Quinta as well as new information (i.e., "Did you know there are more than 50 restaurants in La Quinta, serving cuisine from around the world? Come explore all that's new in La Quinta today"). These factoids could convey shop/dine La Quinta messages, while touching on the most interesting facts about La Quinta's history. Recommended New Strategies for Consideration: • Radio & Print Advertising — In addition to television, create a parallel campaign using radio and publications like LQ Magazine, The Desert Sun, and the Press Enterprise to celebrate the City's 25th anniversary, while also communicating a "Look how far we've come" message. Redesigned City Website — When completed, promote City's 25tn anniversary via the new website. This milestone can even be used to get more exposure for the new website. Explore website promotion using 251" anniversary history trivia to drive people to the new website and get it great exposure as it launches (with prizes to La Quinta shops and restaurants, reinforcing business support and retention while offering businesses a way to participate). 2. Marketing La Quinta as a Visitor Destination: Continue to promote a "Stay and Play" campaign in Southern California drive-in markets. Continued Strategies: • Broadcast Existing Out -of -Market TV Spot — Continue to broadcast the "Stay & Play" 30-second spot created in FY 05/06 in the Los Angeles and Orange County drive-in markets. This spot creatively "sells" the different experiences in La Quinta for the visitor — from shopping and dining to golf at SilverRock and poolside fun. • Stay & Play Print Campaign — Run another "Stay & Play" print campaign in the Los Angeles Times, specifically the monthly Palm Springs Desert Resorts Page that appears in the newspaper's travel section. • CVA Co-ops — Take advantage of appropriate co-op opportunities presented by the Palm Springs Desert Resorts Convention & Visitor's Authority (e.g., California Visitor's Guide, AAA travel publications). 3. Marketing La Quinta through Event Attendance, Relevant Publications/Program Guides, and other Promotional Efforts: Use local events and publications to promote and position La Quinta as one of the premier Coachella Valley cities. Continued Strategies: Trade Shows/Special Event Attendance — Continue to promote the City and disseminate information at various events, including: International Council of Shopping Centers (ICSC) Convention in Palm Springs, BizNet Symposium and Business Expo (La Quinta, Indio, and Coachella Chambers of Commerce), and the City's annual picnic. • Event Program Guides — Continue a strong presence at prominent local events via program guide advertising, e.g., ICSC Convention in Palm Springs, Bob Hope Chrysler Classic. 243 • Palm Springs Life — Continue participation in the four -page advertorial published in the October Desert Cities Progress Issue of Palm Springs Life. • City Promotional Items - Continue purchase of City promotional items like pens, coasters, and calculators for distribution at trade shows and special events. • Contingency — Maintain a contingency account for unique advertising opportunities the City may wish to take advantage during the year. (Responsibility of: Economic Development) COMPONENT 2 - CITY COMMUNICATION Inform residents and the local community about the City's growth, progress, new amenities, and special community events. 1. Communicating with La Quinta Residents: Continue to convey important City information on various topics such as public safety, community services, road work, budget, economic development, and special projects through tailored mail pieces and public relations campaign. Continued Strategies: • Public Relations — Continue to issue press releases to the media regarding important news and events that the City wants covered via local TV, news, and radio. • Quarterly Newsletter — Continue to distribute the quarterly newsletter to communicate with residents throughout the year regarding City news and happenings. City Calendar — Continue to produce a calendar "gift" for distribution to La Quinta residents, which also serves the dual purpose of a public communications tool. The 2007 calendar will center on a 25t anniversary theme, and the 2008 calendar is slated for a "Great Outdoors" theme. 244 • City of La Quinta Gem Pages (Continue) — Complete redesign currently underway, and City staff to continue gathering information from various departments for inclusion in this monthly publication. Recommended New Strategies For Consideration: • New PR Campaign — Implement a public relations campaign centered on the City's 25th anniversary. Partner with a history class at La Quinta High School to collect and communicate key milestones and the growth of La Quinta throughout its history. Involving local students will make for a strong PR angle. In addition, create growth graphs and charts to use as a PR component. (Responsibility of.- Economic Development) 2. Provide Communications Pieces for Key Activities and Events: Promote major community services, senior center, and library programs. Continued Strategies: Quarterly Recreation Brochure — Community Services Department to continue production and mailing of recreation brochure, announcing comprehensive class, program, and event listings. • Community Services Promotional Materials — Create postcards, posters, and other materials to support community services, such as the City Picnic and spring events. Recommended New Strategies for Consideration: • Winter Postcard - Produce winter (November/December) community services postcard. • 25th Year Anniversary Committee — Create a committee to plan and oversee festivities related to the City's 25th year anniversary celebration (with Community Services Department providing lead staff). Lor for 25th Anniversary — As part of 251h anniversary marketing, create a 25t anniversary logo. 45 �i • Special Events — Consider, via the 25th Anniversary Committee, creative ways to celebrate the anniversary while also promoting the City. For example, explore a 25th anniversary event that coincides with the 2na Annual Polo & Balloon Festival (held in early January). The recommended concept would feature a "25th Anniversary in the Park" event at Civic Center Campus in the evening that could include live music, La Quinta restaurants participating as food vendors (i.e., the "Taste of La Quinta" event that has been considered for years), etc. The event's centerpiece would be a "Balloon Glow" at Civic Center Campus — where they fire up a stationary balloon and make it "glow." The Polo & Balloon Festival takes place primarily at Empire Polo Club, but the event organizers would be happy to add a Balloon Glow in La Quinta to their event. Since La Quinta has been associated with hot air balloons throughout its history, this would be a great way to celebrate the 25th anniversary. (Responsibility of: Community Services) COMPONENT 3 - ARNOLD PALMER CLASSIC COURSE Promote golf play at SilverRock Resort. Continue marketing and branding of SilverRock: Promote golf play among various audiences. Continued Strategies: • Public Relations — Continue to research and implement PR opportunities to get SilverRock covered in feature stories in golf and travel publications. • Print Advertising — Continue to target the golf resort population when it is here in the Coachella Valley with advertising and media coverage in golf and travel publications (such as Desert Golf Magazine, Golf News and the September hardbound issue of Palm Springs Life) — as well as a special advertising (Ears, etc.) in The Desert Sun. Billboard — Continue to implement billboard as a strategy to reach the masses, being sure to update the vinyl/artwork so that the SilverRock information (tee times, website, etc.) is readable. • CVA Co-ops for Reaching Convention/Meeting Planners — Implement advertising co-op opportunities with the PSDR Convention & Visitor's 10 Authority, specifically those reaching convention & meetings planners (marketing group/tournament play). Recommended New Strategies for Consideration: • Non -golf Trade Publications —,Consider advertising and public relations programs for non -golf trade publications (i.e., in-flight publications). • New TV Spot — Produce new spots featuring the Arnold Palmer Classic Course and the amenities at SilverRock. One spot can be a more regional broadcast, and the other can be targeted to local audiences. Spots can be similar in concept, but one would emphasize where La Quinta is and what it's known for. • New PR Angle — In all public relations and advertising efforts, capitalize on Golf Digest's national recognition of SilverRock — hailing it as "One of the Top 10 New Courses to Play." In addition, if SilverRock is selected as a host course of the Bob Hope Chrysler Classic, numerous PR opportunities will emerge. • SilverRock Website Maintenance — Contract with a professional website firm for maintaining and updating the existing site. This will ensure SilverRock stays graphically competitive with other golf course websites. (Information to be considered: new photography, tournament information, score cards, rates.) (Responsibility of: Golf Course Operator) Prepared by Kiner Communications, as part of FY 05106 professional services contract with City of La Quinta, in consultation with City staff and Landmark 11 T 0 litf oF COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Discussion of Golf Cart Plan Status Report, Stage 1, Phase 1 for the Village and Surrounding Areas RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The improvements proposed would result in an expenditure of approximately $1,121,969.00 and administrative costs to administer the program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City established the Golf Cart Program through the adoption of the General Plan in 2003. In order to implement the Program, a number of steps are required, including amendment of the Municipal Code, adding the project to the Capital Improvement Program, and establishing a City permitting system for individual golf carts. Following the Council's direction to proceed with these implementation tools, staff undertook a comprehensive analysis of the Phase I Golf Cart Routes, as established in the General Plan (Attachment A). Based upon a comprehensive review City staff determined that the early stages of this City-wide program should focus on connecting areas surrounding the Village, La Quinta Resort, and SilverRock. This analysis included several field studies regarding the conditions "on the ground," to determine where and what type of S:\CityMgr\STAFF REPORTS ONLY\S4 GolfCart.doc improvements were required, where there were physical constraints, and where there were established or approved routes. This analysis resulted in the drafting of Stage 1 Route Map (Attachment B). This is "Stage V of the first phase of implementation of the program, and will be implemented to gauge overall user acceptance and participation in the program. This area has the potential for high use and provides a good test program. Stage 1 is focused upon using existing facilities and improvements to the greatest degree possible while establishing a viable and safe golf cart system. Stage 1 is intended to connect the La Quinta Resort, SilverRock Resort, and the Village. Staff has drafted Regulations for Golf Carts on Certain Streets Ordinance (Ordinance). This Ordinance (Attachment C) is required by State law and provides the legislative authority for allowing golf carts on designated public streets. Key provisions include types of golf cart paths, golf cart licensing criteria, safety criteria for golf cart operation, and golf cart permitting process. The draft Ordinance is similar to Palm Desert's existing ordinance. The City would have to establish a permit program and designate a Department to handle the permit program. It is expected that this would be a part-time position and that licensing fees would off -set administrative costs. If the City Council decides to proceed with the program staff will prepare administrative cost evaluation and fee recommendation. In addition to the Ordinance staff has drafted an informational flyer entitled "Welcome to the City of La Quinta." (Attachment D). After conducting a field evaluation staff developed a Capital Improvement Program budget for the physical improvements to implement Phase 1, Stage 1. Staff focused upon use of existing facilities to the highest degree possible. Costs and improvements include mobilization, traffic control, striping, sidewalk removal, new path construction, retaining curb/walls, handicapped/cart ramps, landscape modifications, utility adjustments, legends, signs, strut modifications, signal modifications, and clean-up. The attached Capital Improvement Program information (Attachment E) provides an overall summary and detail sheets for each segment. The most significant costs include: 1. The reconstruction of parkway improvements on Eisenhower Drive, in front of the Hidden Canyon project. 2. The relocation of sidewalk and other facilities on Eisenhower Drive, in front of Laguna de la Paz. Altogether, the improvements required to implement Stage 1 is estimated at $971,969.00, plus $150,000 for a charging station to be located at the Village parking lot, for a total of $1,121,969.00 for this first stage of development. The estimated cost is in 2006 dollars. These costs will likely increase as construction dollars continue to escalate. This does not include signage for Class III (on street routes on local streets in the Village, shown in blue on Exhibit A), which are an operational expense which will be integrated into the Public Works budget. Procedurally, the Council must first consider the Capital Improvement Program expenses and integrate them into the program. If the City Council desires to fund this program, staff will forward the Ordinance to the Council for action, in order to implement the program. Then, the administrative systems will be established to implement the permitting of individual golf carts in the program and manage the program. FINDINGS AND ALTERNATIVES: The alternatives available to the Council include: 1 . Discuss improvements required to implement Stage 1, Phase 1 of the Golf Cart Plan; or 2. Provide staff with alternative direction. Respectfully submitted, Douglas vans Community Development Director Approved for submission by: Thomas P. Genovese City Manager Attachments: A. Exhibit 3.8, General Plan B. Route Map Aerial C. Draft Ordinance D. Draft Brochure E. CIP Detail 0 I LENT #A . �TTACh�. ._�,.. MILES AVE. 111 LA QUINTA CENTRE C;ORPO CENTRE D j WESTWARD HO OR-- 6 LA QUINTA DR a` SR-111 ■ ■� LA QUINTA CENTRE DR. AVE 47 AUTO CENTRE OR. WHITEWATER LEGEND: _ RIVM AVE. 48 • • -= CIVIC CENTER (CITY HALL. POST OFFICES. ETC.) • u = SHOPPING CENTER LOCATION • = SCHOOL LOCATION • Z O b = GOLF COURSE LOCATION • = PARKS AND RECREATION • AVENIDA = U. FERNANDO = CHARGING LOCATION •�� = CLASS I PATHS AVE 50 • _ . r CLASS If PATHS • ■ = CLASS HI PATHS P P�� • b CALLE TAMPICO g• i • AVE 52 • • • cn AVENIDA MONTEZUMA 3 • o: Z to • N Q • T W XQ : AVE.54 i r - City of La Quinta TERRA NOVA.® General Plan planning & Research, Inc. Phase I (2005) Golf Cart Routes Exhibit s � s _ 3.8 Ow ATTACHMENT#C DRAFT - 3/29/06 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 12.69 TO TITLE 12 OF THE LA QUINTA MUNICIPAL CODE, PERTAINING TO REGULATIONS FOR GOLF CARTS ON CERTAIN STREETS WHEREAS, the California Vehicle Code prohibits the use of golf carts on public streets except as permitted in California Vehicle Code 21115, 21115.1 and 21716; and WHEREAS, the City established a Golf Cart Transportation Plan as part of its General Plan Update process, adopted on March , 2003; and WHEREAS, in order to operate a golf cart on public streets in the City, the City Council finds that specific standards, and requirements are necessary to preserve the public health and safety. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: Section 1. Title 12 of the La Quinta Municipal Code is hereby amended to add Chapter 12.69, to read as follows: 12.69.010 Purpose and Intent. The California Streets and Highways Code, Sections 1950 through 1961, authorize local jurisdictions to establish golf cart transportation plans within their boundaries, under certain conditions and with certain requirements. The City has established the Golf Cart Transportation Plan in its General Plan, and intends, by the addition of this Chapter of the Municipal Code, to establish standards, requirements and procedures for the implementation of the Golf Cart Transportation Plan. 12.69.020 Definitions As used in this Chapter, the following words and phrases shall have the following meaning: "City" means the City of La Quinta. "Golf Cart" means a four wheeled electric powered motor vehicle with an unladen weight of less than one thousand three hundred pounds, which is designed to be, and is operated at not more than twenty miles per hour, and is designed to carry golf equipment and no more than two persons, including the driver. "Golf cart lanes" or "Golf cart routes" means all City owned travel ways that allow golf cart travel, including roadways There shall be three categories of golf cart facility: 1. Class I golf cart paths provide an area separate from the roadway used by automobile traffic for shared one-way or two-way golf carts, bicycles and pedestrians. 2. Class 11 golf cart lanes provide a striped eight -foot lane for one-way golf cart and bicycle travel on a street or highway. 3. Class III golf cart routes provide for shared use with automobile and bicycle traffic. Class III facilities are established by placing golf cart route signs along roadways with speed limits of twenty-five miles per hour or less in order to link them to Class I or Class II facilities. "Golf cart route plan" means the adopted map depicting routes and crossing that will be constructed, posted and designated for use by permitted golf carts. 12.69.030 Minimum design criteria for golf carts. All golf carts traveling on any golf cart facility in the City must meet the following minimum design criteria: 1. The golf cart must be electrically powered. 2. The golf cart must be equipped and safely operated with all of the following equipment: a. Red reflectors; b. Parking brake; c. Horn; d. Headlights, brake lights and rear lights; e. Front and rear turn signal indicator lights; f. Windshield; g. Seat belts; h. Covered passenger compartment; i. Mirror combination (left and right side mirrors, left and rear mirrors, or multi -directional cross bar mirror) and unobstructed view to the rear. 12.69.040 Minimum safety criteria for operation of golf cart. All golf cart operators operating golf carts on any golf cart facility in the City must conform to the following operator requirements and safety criteria: 1. Golf cart operators must be licensed drivers in the State of California with valid California driver's license, or a driver's license issued by another state. 253 2. Golf cart operators must comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the California Vehicle Code. 3. Golf cart operators must maintain golf cart in a safe condition. 4. Golf carts are limited to daytime operation and are not permitted before one hour prior to sunrise or after one hour after sunset. 5. Golf cart operators must yield the right-of-way to automobiles, pedestrians and bicyclists. 6. Golf cart operators may only travel on designated golf cart facilities, and only in those golf carts that meet the minimum design criteria required by Section 12.69.030 and that are also properly permitted by the City. 12.69.050 Golf cart permit process. The following golf cart permitting process is established: 1. No golf cart shall be operated within the City without a current golf cart permit decal visibly displayed on the right rear fender of the golf cart. 2. The golf cart permit shall be valid for one year from the date of issuance. 3. A golf cart permit fee shall be established by City Council resolution. 12.69.060 Enforcement of golf cart transportation plan. Any person operating a golf cart in the City in violation of this chapter is guilty of an infraction punishable by a fine not exceeding one hundred dollars. 254 ATTACHMENT D w L E O �- v... a o- cn ct3 vU O >u ^L L W Q cu c V) �' E c (V •- Q � a- v 4) a E tv .= c L v O � 3 •- V o - V a a� IM C 5 n, U o v u O o U V 'gin u - O �-0 (t uU N U v O s y a) L i br0 N ct N N i I m C N •� {r L. .� C� RS =3 u Q' O u_ C d �E U J � � `0Ut� n 0 r" gu �4D u yd C W i V u Fil 4) L .m o v O a) L -E o 4f �. C v O t�0 • — O .� o � � � ��V•�UV � o � o O> O +-� i (, N _� m V 0tt � p U4- E i. tf a C V N O C C a) v— v=NEW Ln >�� i y� C N L N O O •N ate, L (ai,7 � Q) L C 0 p C C L N 0- r O o >-- -0 V N O M Q� C)OC >(A 66 LL 0 L C: E E N L N L L L ^' VJ L O L O L 0 3N N E E O O U p b� .� +� •L U- ,O L LA � � t Co m — a� ago a) o � , CC� C Lkn iW-r � i> _L` U J J L a O p C rvcmrcncL=U_°O o 0 0 A A A A A A A A A A A A c - C N U 'O ct f N C C O v V) O ' C O cA aj N C i V _U cd O C N N O C) -0 . i > O U -0 N U C: t,rj Uo � o M a)v , = s a� U c�1 = cts a- Q O C:>- A A o � v aJ C O cu r--1 U LL. E a) ass aE to 7C .� Q •o i Q =� o o � Q ATTACHMENT #E CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD53 - Phase I Golf Cart Routes lescription he proposed improvements include the installation Golf Cart travel lanes on various streets within the City. Phase I streets m< iclude: Avenue 50, Park Avenue, Calle Tampico, and Eisenhower Drive. In addition, project will likely include a new golf cart chargir Cation within the City owned Village parking lot. Revenue Amounts Category To Be Determined Total General Fund 1,121,969 1,121, 969 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To be determined 0 Other: 0 Revenue Amount Total 0 0 0 0 0 1,121,969 0 1,121,969 Category To Be Determined Total Administration 56,098 56,098 Engineering 112,197 112,197 Construction 754,524 754,524 Inspection 86,953 86,953 Professional 0 Other: Contingency 112,197 112,197 Other: 0 Expense Amount Total 0 0 0 0 0 1,121,969 0 1,121,969 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The Phase I Golf Cart Routes also includes re-signing Avenue 52 and other Village Streets to allow golf carts to use the existing bikeway or street facilities. The costs associated with this re-signing will be provided through the Public Works Department's Annual Operating budget. Phase II and III routes are in the planning stage and will be incorporated in future CIP updates. Printed: 29-Mar-06 �w- >ti i� J A CITY QF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 EISENHOWER DRIVE FROM COACHELLA DRIVE TO WASHINGTON STREET PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 LS $ 20,000.00 $20,000.00 TRAFFIC CONTROL 1 LS $ 10,000.00 $10,000.00 CLEARING AND GRUBBING 1 LS $ 25,000.00 $25,000.00 UNCLASSIFIED EXCAVATION 3,750 CY $ 10.00 $37,500.00 REMOVE EXISTING 6' WIDE PCC SIDEWALK 25,320 SF $ 1.25 $31,650.00 CONSTRUCT 12' WIDE SIDEWALK/CART PATH 25,320 SF $ 3.50 $88,620.00 CONSTRU T 12' WIDE SIDEWALK/CART PATH WITH RETAINING CURB 25,320 SF $ 5.50 $139,260.00 HANDICAP)CART RAMPS 5 EA $ 2,000.00 $10,000.00 REPLACE LANDSCAPING/TURF 25,320 SF $ 4.00 $101,280.00 ADJUST EXISTING UTIITIES 1 LS $ 50,000.00 $50,000.00 TOTAL $513,310.00 PROJECT DESCRIPTION: REMOVE THE EXISTING 6' WIDE SIDEWALK FROM COACHELLA DRIVE TO WASHINGTON AND REPLACE IT WITH A 12' WIDE PATH ALLOWING 2 LANES REQUIRES REMOVAL AND REPLACEMENT OF EXISTING LANDSCAPING, PALM TREES AND TURF. MAY REQUIRE THE RELOCATION OR ADJUSTMENT OF EXISTING IID STRUCTURES. CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE ` FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 AVENUE 50 - PARK AVENUE TO ORCHARD PROJECT DISTANCE IS 0.4 MILES (2120 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 LS $ 2,000.00 $2,000.00 TRAFFIC CONTROL 1 LS $ 2,000.00 $2,000.00 SANDBLAST EXISTING STRIPING 4,240 LF $ 0.30 $1,272.00 PAINT 6" BIKE/CART PATH STRIPE 4,240 LF $ 0.50 $2,120.00 BIKE/CART PATH LEGENDS 8 EA $ 100.00 $800.00 BIKE/CART PATH SIGN AND POSTS 8 EA $ 200.00 $1,600.00 TOTAL $9,792.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE. REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKE/CART SIGNS/LEGENDS. CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 PARK -AVENUE FROM AVENUE 50 TO CALLE RONDO PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT MOBILIZATION 1 LS $ TRAFFIC CONTROL 1 LS $ SANDBLAST EXISTING STRIPING 8,440 LF $ PAINT 6" �IKE/CART PATH STRIPE 8,440 LF $ BIKE/CART PATH LEGENDS 16 EA $ BIKE/CART PATH SIGN AND POSTS 16 EA $ TOTAL UNIT PRICE 3,000.00 3,000.00 0.30 0.50 100.00 200.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE. REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKE/CART SIGNS/LEGENDS. PROVIDE NEW RAMPS AND CROSSING IMPROVEMENTS TOTAL PRICE 3,000.00 3,000.00 2,532.00 4,220.00 1,600.00 3,200.00 17,552.00 �r� CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE ` FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 CALLE TAMPICO FROM WASHINGTON STREET TO EISENHOWER DRIVE PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 LS $ 3,000.00 $3,000.00 TRAFFIC CONTROL 1 LS $ 5,000.00 $5,000.00 SANDBLAST EXISTING STRIPING 8,440 LF $ 0.30 $2,532.00 PAINT 6" BIKE/CART PATH STRIPE 8,440 LF $ 0.50 $4,220.00 BIKE/CART PATH LEGENDS 16 EA $ 100.00 $1,600.00 BIKE/CART PATH SIGN AND POSTS 16 EA $ 200.00 $3,200.00 TOTAL PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE. REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKE/CART SIGNS/LEGENDS. PROVIDE NEW RAMPS AND CROSSING IMPROVEMENTS $19,552.00 CITY, OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 EISENHOWER DRIVE FROM AVENUE 50 TO AVENIDA FERNANDO PROJECT DISTANCE IS 0.40 MILES (2,120 FEET) DESCRIPTION QUANTITY UNIT UNIT TOTAL PRICE PRICE MOBILIZATION 1 LS $ 5,000.00 $5,000.00 TRAFFIC CONTROL 1 LS $ 5,000.00 $5,000.00 SANDBL�ST EXISTING STRIPING 4,220 LF $ 0.30 .$1,266.00 PAINT 6' BIKE/CART PATH STRIPE 4,220 LF $ 0.50 $2,110.00 BIKE/CART PATH LEGENDS 8 EA $ 100.00 $800.00 BIKE/CART PATH SIGN AND POSTS 8 EA $ 200.00 $1,600.00 UNCLASSIFIED EXCAVATION AND REMOVALS 1 LS $ 10,000.00 $10,000.00 6" CURB AND GUTTER 400 LS $ 12.00 $4,800.00 AC PAVING 5,000 SF $ 2.50 $12,500.00 SIGNAL MODIFICATION -1 LS $ 80,000.00 $80,000.00 TOTAL $123,076.00 PROJECT DESCRIPTION: PROVIDE AN 8' WIDE BIKE/CART PATH REPLACING THE EXISTING 6' WIDE STRIPED BIKE LANE. REQUIRES SANDBLASTING THE EXISTING BIKE LANE STRIPE AND PAINTING THE NEW STRIPE. AND REPLACING EXISTING BIKE LANE SIGNS/LEGENDS WITH COMBINED BIKE/CART SIGNS/LEGENDS. INDCLUDES LOCALIZED WIDENING AT THE S.E. CORNER REQUIRING STREET WIDENING AND A SIGNAL MODIFICATION lc�l[) 4 CITY OF LA QUINTA CITY GOLF CART ROUTE PROJECT ENGINEER'S ESTIMATE FOR 2006 CIP BUDGETING PURPOSES PREPARED BY: NAI CONSULTING March 29, 2006 EISENHOWER DRIVE FROM COACHELLA DRIVE TO WASHINGTON STREET PROJECT DISTANCE IS 0.80 MILES (4,220 FEET) DESCRIPTION QUANTITY MOBILIZATION 1 TRAFFIC CONTROL 1 CLEARING AND GRUBBING 1 UNCLASSIFIED EXCAVATION 3,750 REMOVE EXISTING 6' WIDE PCC SIDEWALK 25,320 CONSTRUCT 12' WIDE SIDEWALK/CART PATH 25,320 CONSTRUCT 12' WIDE SIDEWALK/CART PATH WITH RETAINING CURB 25,320 HANDICAP/CART RAMPS 5 REPLACE LANDSCAPING/TURF 25,320 ADJUST EXISTING UTIITIES 1 TOTAL PROJECT DESCRIPTION: REMOVE THE EXISTING 6' WIDE SIDEWALK FROM COACHELLA DRIVE TO WASHINGTON AND REPLACE IT WITH A 12' WIDE PATH ALLOWING 2 LANES REQUIRES REMOVAL AND REPLACEMENT OF EXISTING LANDSCAPING, PALM TREES AND TURF. MAY REQUIRE THE RELOCATION OR ADJUSTMENT OF EXISTING IID STRUCTURES. UNIT UNIT TOTAL PRICE PRICE LS $ 20,000.00 $20,000.00 LS $ 10,000.00 $10,000.00 LS $ 25,000.00 $25,000.00 CY $ 10.00 $37,500.00 SF $ 1.25 $31,650.00 SF $ 3.50 $88,620.00 SF $ 5.50 $139,260.00 EA $ 2,000.00 $10,000.00 SF $ 4.00 $101,280.00 LS $ 50,000.00 $50,000.00 $513,310.00 4"G3 REPORT/INFORMATIONAL ITEM: /9 COMMUNITY SERVICES COMMISSION MINUTES March 13, 2006 CALL TO ORDER A regular meeting of the Community Services Commission was called to order at 7:00 p.m. in the study session room of the La Quinta Civic Center. Commissioner St. Johns presided over the meeting. Commissioner St.Johns led the Pledge of Allegiance. Commissioners Present: Commissioner Robert Leidner, Commissioner Andrea Gassman, Commissioner Mark Weber, Chairperson Victoria St. Johns Commissioners Absent: Commissioner Ed Hackney MOTION- It was moved and seconded by Commissioners St. Johns/Weber to excuse Commissioner Ed Hackney's absence. Motion carried unanimously. Staff Present: Edie Hylton, Recreation Supervisor; Ann Secretary Anna Guests Present: None PUBLIC COMMENT-- None Community Services Director; Kristen Riesgo, Sampson; Community Services Department CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Commissioner Weber suggested that we correct the typing error on monthly revenue 2005 to 2006. Ms. Riesgo added that the La Quinta Recreation brochure had been published at a later date than usual which caused a drop ,� Community Services Commission Minutes in revenue from $12,929 to $7,567.00, a difference of $5,362.00. It is anticipated that revenues will be higher in the following month. V. PUBLIC HEARING — None VI. BUSINESS ITEMS A. Youth Workshop Students will be asked many questions about their experiences including if they have attended or participated in any of the activities in the Community Services Department. Commissioner Weber suggested that we should be more specific in questioning so they will able to express themselves more clearly. Commissioner Weber also suggested taking the students recommendations to distribute more flyers in the community. Discussion continues to how we can speak with the children at their convenience to get them more involved and suggested that going to schools might be a better place to meet with them. Commissioner Weber suggested that we send out e-mails to contact the youth. Kristin made an open invitation for the youth to attend the meeting to also get the youth more involved. Letters were sent out to the ASB organizations in the following schools: La Quinta Middle School, John Glenn Middle School and also La Quinta High School. Amistad is still under consideration because it is located in Indio but has many La Quinta Students. MOTION- It was moved and seconded by commissioners Weber/Leidner to approve the Youth workshop pre -meetings. Motion carried unanimously. B. Civic Art Selection Committee Commissioner Gassman discussed two commissioners to participate in Civic Center Art Purchase Committee that was approved at the last City Council meeting. Ms Hylton indicated there is $12,253.00 available and locations at the library where the art can be displayed. Councilwoman Henderson and New Councilman Tom Kirk have been chosen as the two commissioners to participate. Commissioner Gassman made suggestions to commission regarding selection, lighting and placement of the art pieces. Community Services Commission Minutes MOTION- It was moved and seconded by commissioners St.Johns/Weber. Unanimously approved VII. CORRESPONDENCE AND WRITTEN MATERIALS A. Calendar of Monthly Events The Recreation Center Dance Teens had a very good time. The event was well supervised. The next dance will take place before school ends the ninth of June of 2006. B. The La Quinta Playhouse Commissioners were provided with promotional materials as requested by Commissioner Weber. C. City of La Quinta Zoning Map The zoning map was provided for the Commissioners. D. The Community Services Grant Awards A list of Grant Awards was included in the packet that were recently awarded and the groups that were funded as requested , by Commissioner Weber. The Community Services Grant awards included a broad scope of service providers including Coachella Valley Unified School District's 21 st Century program that helps with after school tutoring and a large array of services. E. Town Hall Meeting on Underage Drinking Ms. Hylton shared that Town Hall meetings will be held at various locations. Indio will be meeting in Fullenwider Auditorium in the afternoon. Palm Desert will be having their meeting at California State at San Bernardino at the Indian Wells Theater. Sheriffs and City Councils will also attend meetings. Many ads will be posted throughout the community. California Healthy Kids' survey came out this month and about twenty percent of eight graders already have tried alcohol. Commissioner St. Johns will participate in the event. Community Services Commission Minutes Vill. COMMISSIONER ITEMS Reports from Commissioners Regarding Meetings Attended or other items of interest Ms. Riesgo will be attending the CPRS conference in Ontario. Commissioner Weber suggested that we should sponsor similar activities as the Palm Desert has done such as music, musicals, orchestra and movies every other week. They also have a bandstand with high school bands that perform later in the evening. IX. ADJOURNMENT It was moved by Commissioners to adjourn the Community Services Commission meeting. Motion carried unanimously. NEXT MEETING April 10, 2006 @7:00 PM La Quinta Civic Center - Study Session Room Submitted by: abel Martine Commu kty Services Secretary REPORT/INFORMATIONAL ITEM: INVESTMENT ADVISORY BOARD Meeting February 8, 2006 CALL TO ORDER Regular meeting of the La Quinta Investment Advisory Board was called to order at the hour of 5:30 P.M. by Vice Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Olander, Moulin, Deniel, Egbert and Rassi ABSENT: None OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary and Louise West, Accounting Manager II APPOINTMENT OF OFFICERS A. Appointment of. Investment Advisory Board Chairperson Board Member Moulin nominated Board Member Deniel as Chairperson and Board Member Olander as Vice Chairman. Board Member Olander nominated Board Member Deniel as Chairperson and Board Member Moulin as Vice Chairman. MOTION - It was moved by Board Members Moulin/Olander to appoint Board Member Deniel as Chairperson. Motion carried unanimously. B. Appointment of Investment Advisory Board Vice -Chairperson MOTION - It was moved by Board Members Moulin/Egbert to appoint Board Member Olander as Vice Chairman. Motion carried unanimously. III PUBLIC COMMENTS Council Member Lee Osborne attended the Board meeting and voiced his concern as an interested party regarding the City's current investment returns, which is currently below the benchmark of the 6-month Treasury return. The current benchmark was set approximately 10 years ago. Since May of 2004 the average rate of return has been below the 6-month T-Bill rate and has remained. Councilman Osborne also voiced Council's concerns regarding a professional money manager and the City's previous experience with a professional money manager. Council has requested that the Board look at 263 Investment Advisory Board Minutes February 8, 2006 other ways to bring up the rate of return at or above the 6-month Treasury bill, not in the sense of an investment position but that of a management position. Councilman Osborne reiterated that this is no regards to lessoning staff's performance. Due to the substantial change in the size of the investment portfolio, Councilman Osborne feels the manner in which current investments are made possibly need to be revised. Upon review by Council, Council at this time feels a professional money manager might not be the answer and Council would like the Investment Advisory Board to possibly look at other avenues in which to increase the benchmark. The Board has been consistently helpful in setting up policies, investment strategies and reporting for investments. Board Member Moulin informed the Board and Staff that the current benchmark is a result of the current market conditions and the conditions that the investment policy imposes, one of which is the two year term of investments. The Board has made several changes to the policy over the last couple of years allowing for greater investment opportunities, and also allowing for commercial paper and corporate notes. Board Member Deniel stated that a city employee dedicated to investments does not have the tools that of a professional money manager has strict access to. To increase the yield there are only two choices, the best choice would be hiring an outside professional money manager to manage a portion of the portfolio with the constraints and a third party custodian, this would eliminate fraud. The other alternative is to have City Staff invest in fixed income mutual funds. This will enhance the rate by having someone who is watching the credit risk and managing the interest rate risk which takes the City out of the area of "holding to maturity," thus causing the City to hold short term paper. With the interest rates rising, the City will continue to lag. General discussion ensued among the Board and Staff regarding the issue of the benchmark, a professional money manager and possible changes to the policy. IV CONFIRMATION OF AGENDA V CONSENT CALENDAR A. Approval of Minutes of the Meeting on January 11, 2006 for the Investment Advisory Board. MOTION - It was moved by Board Members Olander/Moulin to approve the Minutes of January 11, 2006. Motion carried unanimously. 2 cw 9 Investment Advisory Board February 8, 2006 Minutes VI BUSINESS SESSION A. Transmittal of Treasury Report for December 2005 Mr. Falconer reviewed the Treasurer's Report in detail for Board Member Rassi and the Board. In response to Board Member Deniel, Mr. Falconer updated the Board on SilverRock golf course activities. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for December 2005. Motion carried unanimously. B. Consideration of Fiscal Year 2006/07 Investment Policies & Work Plan Items Mr. Falconer advised that this item is added to the agenda to begin the review process of the investment policy. Board Member Deniel suggested to the Board that they review the policy bearing in mind what Councilman Osborne stated earlier in the meeting. Board Member Moulin suggested that the Board possibly review the current two year term limitation on investments. MOTION - It was moved by Board Members Moulin/Olander to continue the review of the Fiscal 2006/07 Investment Policies. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — January 2006 Mr. Falconer reviewed the month end cash report for the new member of the Investment Advisory Board. Noted and Filed 3 2Q Investment Advisory Board February 8, 2006 Minutes B . Pooled Money Investment Board Reports — November 2005 Noted and Filed C. Desert Sun Investment Advisory Board Notice Board Member Moulin stated that the current language used in the advertisement to recruit new Investment Advisory Board members should be revised. The current ad reads "Investment Board reviews account statements and verifications to ensure accurate reporting that relates to investment activity," which the Board does not do. The qualifications that are recommended need to be revised as well. Board Member Moulin gave staff suggested revisions to the ad. Mr. Falconer informed the Board that they can make recommended changes and refer them to the City Clerk via the minutes or review at next month's scheduled meeting. Board Member Deniel suggested that instead of providing the City Clerk the meeting minutes, that the Board formally submit a recommended ad from the Board. Mr. Falconer stated that due to the Boards suggestions that this item be added to next month's meeting agenda under the business session items. Noted and Filed Vill BOARD MEMBER ITEMS Board Member Moulin advised the Board that he will not be in attendance at the scheduled May board meeting. IX Adjournment MOTION - It was moved by Board Members Moulin/Olander to adjourn the meeting at 6:55 p.m. Motion carried unanimously. Sybmitte by, __=, Vianka Orrantia Secretary 4 Department Report: l -F\ �.0': c o`t, ' 4 Gv OF 9 TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: April 4, 2006 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the March 21, 2006, City Council meeting: 1. Scott Arthur, 43-845 Milan Court, requested an update on the Darby Road School issue as road construction is underway and he has not been given any information. Mr. Arthur said that only two homeowners are interested in the 2nd wall option that was discussed on a previous agenda and wanted to know how long it would be before a 3id option would be presented to the homeowners. Mr. Arthur stated that the homeowners are becoming frustrated and that they are feeling vibrations in their homes from the machinery. • Mayor Adolph stated that the City has to work with the school district on this, as it affects their property. City Manager Genovese stated that staff is arranging a meeting with DSUSD and once the meeting occurs, he will report back. -a CV 4 e4& QumrR MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: April 4, 2006 SUBJECT: Quarterly Marketing Report Per the City's contract with Kiner Communications, the third Quarterly Marketing Report for Fiscal Year 2005/06 is attached. 273 roar C o m m uRicati0DS Quarterly Marketing Report Third Quarter of Fiscal Year 2005-06 Kiner Communications Marketing Plan for City of La Quinta COMPLETED: TV Media Placement — Broadcast new 30-second spots both locally as well as Los Angeles and Orange County. There has been a lot of positive feedback about these creative and entertaining spots. Spots ran January through March, with the 2004 infomercial airing in Orange County through April. "Rediscover La Quinta" Local Print Campaign — Implemented "Rediscover La Quinta" print campaign throughout the month of March, which is one of the highest traffic months of the year in the Coachella Valley. The campaign's objective was to communicate that there is so much more to discover in La Quinta now, yet it still has the same charm (headline: "Much more, but charming as before"), as well as encourage more shopping and dining in La Quinta among all desert residents and visitors (thus, increase sales tax revenue). The campaign was executed with quarter page ads in The Desert Sun, as well as full -page ads in Desert Magazine and Desert Entertainer. (See attached) "Stay & Play" L.A. Times Campaign — Concepted and created an ad that showcased, "A Taste of La Quinta" — inviting visitors to come and experience all the things that made La Quinta famous (golf — featuring SilverRock — spa and shopping). These three areas target some of the most popular things that draw Southern California drive-in visitors to the desert). Ad is scheduled to run on the Palm Springs Desert Resorts Page that appears in the travel section of the Los Angeles Times (as a bonus, Kiner Communications was able to secure an additional free run of the ad in the Sports Section of the Los Angeles - more - 274 Times on Saturday, March 25 — a great day to be in sports considering that the NCAA finals generated a lot of readers to the Sports Section that weekend. (See attached) 2006-07 Marketing Plan — Gathered Kiner staff for brainstorming session to collect ideas for the 2006-07 City of La Quinta Marketing Plan. Prepared initial plan based on the agency's strongest ideas for marketing the City next fiscal year. Public Relations — Prepared and/or distributed press releases regarding: 1) Special weekend hours for the purchase and renewal of the SilverRock Resident Card 2) Resignation of Ron Perkins 3) Jazz Concert 4) New security cameras at La Quinta Park 5) Special community meeting on February 18 6) Traffic updates (Jefferson/Adams) 7) Special meeting for Council vacancy 8) Fred Wolff Bear Creek Nature Preserve All press releases were picked up by The Desert Sun, with an extensive article and photo published on the Fred Wolff preserve. KMIR6 ran a story on the new security cameras. Traffic updates were also run by the local TV stations. (See all press releases attached) Winter Newsletter — Designed, printed, and mailed the second installment of the City's quarterly newsletter. Modified design slightly from the annual City Report, but kept same masthead and basic format for consistency and to continue building recognition for the communication piece among residents. Consultation Services — Prepared a letter of our recommendations regarding - more - 275 SilverRock's impending participation with the Bob Hope Chrysler Classic. Participated in the City's February Quarterly Marketing Committee meeting with Judy Vossler (SilverRock), Linda Evans (LQ Chamber), Christy Salamone (LQ Arts Foundation) and Maria Casillas (City staff). Also participated in the CVA's Community Meeting with La Quinta leaders in providing input to the CVA as to La Quinta's culture, style, and tourism products. IN PROGRESS: Spring Newsletter — Working on third installment of the City Report newsletter for Fiscal Year 2005-06. Newsletter is expected to go out in mid to late April. Business Recruitment Marketing Campaign — Compiling a comprehensive "business wish list" of shops, restaurants, and other businesses residents would like to see in La Quinta. The City received 71 responses following an invitation for input via the Winter City Report and The Gem. Currently researching site locators for these businesses, and preparing recruitment packages including the City's economic development packets and a customized cover letter to each business. (See attached for list of businesses) Spring Postcard — Producing the annual Spring Postcard, announcing Community Services' springtime events — such as the City Picnic and Egg Hunt. Redesign of City Pages in the Gem — Working with City staff to redesign the City pages in the Gem, making them more attractive and inviting for Gem readers. First draft is completed — making revisions per staff input. 2007 City Calendar — Met with staff to determine theme for 2007 calendar. The City's - more - 276 25th Anniversary was identified as the most appropriate theme for next year. Spent time at the La Quinta Historical Museum along with City staff and reviewed potential historical photography for the calendar, and developed a rough plan for what will be featured each month. 0977 Business Wish List for La Quinta Shops: Costco x2 TJ Maxx 0 Home Expo x2 Alley IKEA Fry's Electronics x3 Whole Foods x2 Pharmaca Integrative Pharmacy Nordstroms x5 Henry's Markets Nieman -Marcus WizKidz, Strawberry Patch Kraft Store (i.e., Michael's) Sam's Club JoAnn's Fabric A Stationers Store Bristol Farms Toyota Dealership Michael's x2 Burlington Coat Factory Linens & Things Cigar shop Bakery Restaurants: Veggie and Tea House Kentucky Fried Chicken Marmalade In-N-Out Restaurant 0 Panda Express The Diet Chicken Restaurant Acapulco Mexican Restaurant Mimi's A Red Lobster x6 Jamba Juice x2 Claim Jumper x2 Marie Calendar's x3 Chili's a� s Pick Up Stix Monsoon (or other Indian food) Bouchon (gourmet takeout in Rancho Mirage) Delicatessen L.A. Wine Company Bob's Big Boy P.F.Changs Cheesecake Factory x2 Pei Wei (owned by P.F. Chang's) Souplantation 0 Chick-Fil-A restaurant x2 Sweet Tomatoes Wendy's Burger King Long John Silvers ( fast food seafood) See's Candies Coco's Famous Dave's BBQ Baja Fresh Denney's Sizzler's Jewish Deli x2 Sherman Deli Chipotle Panera x2 (homemade breads, soups...) Daily Grill Entertainment: Christian book store Book Store x6 Multiplex Theatre x 7 Bowling Service: Aveda Salon 24-Hours Fitness 079 KinerCoInmunications NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias gkinercom. com 0 CITY OF LA QUINTA COUNCIL MEMBER RON PERKINS RESIGNS AFTER 13 YEARS OF SERVICE La Quinta, CA (February 2, 2006) — The City of La Quinta is in receipt of a letter from Council Member Ron Perkins, who has served on the La Quinta City Council for over 13 years. Council Member Perkins is retiring from his political career of nearly 54 years, which included service in the military, positions with the Los Angeles and Culver City Police Departments, and public office with Culver City and the City of La Quinta. In his letter, Council Member Perkins expresses deep appreciation to the members of the City of La Quinta family, he thanks his wife Barbara and two sons, and recognizes the support of members of the press. "Ron will be greatly missed on the Council. He has dedicated over 13 years of his life to the progress of this City, and we are much indebted to him for being an integral part of the growth and development of La Quinta. His outstanding service has helped shape La Quinta into the extraordinary city is it today," expresses Mayor Don Adolph. 4080 KinerComm unications NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias kinercom.com THE CITY OF LA QUINTA HOLDS A COMMUNITY MEETING La Quinta, CA (February 15, 2006) - On Saturday, February 18 at 9:00 a.m., City of La Quinta residents will have the opportunity to join the La Quinta City Council as they assess the City's proposed budget for the coming fiscal year, and articulate their goals and priorities for La Quinta. The meeting will be held at the La Quinta Senior Center located at 78-450 Avenida La Fonda (off Washington Street). "We encourage residents to attend and participate in these discussions of the City Council regarding the goals for next year and the future direction of the City," says City Manager Tom Genovese. The City Council is responsible for adopting the City's budget and for appropriating the resources required to fund the City's plan of services and facilities. At this open forum citizens may take the opportunity to voice their opinion on the direction the City will take the coming years. Please join the La Quinta City Council and selected representatives from City staff as they hold open discussions about the future of the City at this important meeting. For additional information regarding the workshop, please call the City Manager's Office at (760) 777- 7100. 281 s KinerCommunications NEWS SERVICE ` fl FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias (a, kinercom. com January 20, 2006 CITY OF LA QUINTA WILL HOLD SPECIAL WEEKEND HOURS FOR THE PURCHASE AND RENEWAL OF THE LA QUINTA RESIDENT CARD Resident Card bolders will be entitled to special rates at the Arnold Palmer Classic Course at SilverRock La Quinta, CA — As a special service to its residents, the City of La Quinta will open its doors on Saturday, February 11, to city residents interested in the purchase or renewal of the La Quinta Resident Card. With appointments beginning at 8:10 a.m. at La Quinta City Hall, 78-495 Calle Tampico, city residents will have the opportunity to obtain Resident Cards which entitle each card holder to discounted rates at the Arnold Palmer Classic Course at SilverRock Resort. The process for obtaining a new card or renewing an existing card continues to be fast, simple and is conveniently available year round through the Community Services Department during regularly scheduled business hours. However, for the attainment or renewal of Resident Cards during the special weekend hours, residents must call for an appointment by 5:00 p.m. on Friday, February 10. Appointment availability is limited; interested residents are encouraged to call as soon as possible. Resident cards are $15.00 each and are valid for 3 years. Cards will only be issued to City of La Quinta residents with proof of residency. The following items are required for residency verification: 1) a valid California Driver's License or a current Riverside County Tax Assessor record with a La Quinta address; 2) A current utility bill with the same name and address as the identifying document and/or card. -more- ?9z Page 2 — La Quinta Resident Card Set against the splendor of the Santa Rosa Mountains, the Arnold Palmer Classic Course at SilverRock is a challenging yet enjoyable 7,578-yard course built for all skill levels. A project of the City of La Quinta's Redevelopment Agency, SilverRock Resort's master plan calls for two 18-hole championship courses, a permanent club house, a luxury hotel, a boutique hotel, a world -class spa, retail shopping and recreational opportunities for the community. To schedule an appointment for a La Quinta Resident Card, please call the City of La Quinta's Community Services Department at (760) 777-7090. For information on SilverRock Resort, please visit www.SilverRock.org. H 283 K i n e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias &kinercom. com DELAYS EXPECTED AT MILES AND JEFFERSON IN LA QUINTA La Quinta, CA (February 17, 2006) — On Monday, February 20, 2006, there will be significant delays at the intersection of Miles Avenue and Jefferson Street due to construction work. The public is encouraged to use the alternate routes of either Fred Waring Drive or Highway 111. Any questions should be directed to the City of La Quinta Public Works Department at (760) 777-7075. M KinerComm unications NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Andrea Carter Phone: 760.773.0290 Cellular: 760.285.6828 andreac@kinercom.com February 7, 2006 City of La Quinta Installs New Security Cameras to Deter Vandalism (La Quinta, CA) — The City of La Quinta is using new technology to combat vandalism in its park system. Four of what will eventually be six security cameras are now operational at the La Quinta Park, just off Westward Ho and Adams Street. The cameras are aimed at specific areas, allowing the park to be viewed by security staff using desktop computers. The system will also digitally record and retain all images for thirty days. This will allow staff to review the recordings after wrongful or criminal acts, such as vandalism, in an attempt to identify the offenders. "We look forward to monitoring our parks more closely, so we can ensure their beauty, cleanliness, and functionality for all those who enjoy recreation there," said Tom Genovese, La Quinta City Manager. Cameras are also being installed at Fritz Burns Park and adjacent City Yard. For more information, call the Building & Safety Department at 777-7019. KinerComm unications NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 claudias(abkinercom.com THE CITY OF LA QUINTA CONMEMORATES THE FRED WOLFF BEAR CREEK NATURE PRESERVE WITH AN OUTDOOR DEDICATION CEREMONY La Quinta, CA (March 7, 2006) - On Saturday, March 18 at 3 p.m., the City of La Quinta will hold a dedication ceremony to commemorate the "Fred Wolff Bear Creek Nature Preserve," a 19-acre natural desert preservation site with trails and access to the Santa Rosa Mountains. The ceremony will be held on the corner of Avenida Montezuma & Calle Ensenada. Mayor Don Adolph, who will be in attendance with the rest of the Council and the Wolff Family, says "The preservation of this pristine natural area is an example of the City's forward thinking. It's really a perfect amenity for our residents and for generations to come." Adolph added, "Wolff is an individual who has earned the respect, admiration and high regard of all those with whom he has come into contact. A host of area residents are proud to call him a friend." The La Quinta City Council unanimously recommended that the nature preserve be dedicated in honor of Fred Wolff, a community leader and the City's first mayor. Most important, Wolff led the effort to incorporate the City of La Quinta and is a pioneer in the preservation of the public's access to the Santa Rosa Mountains, trails, and the desert's natural beauty. Wolff has been a resident of the City of La Quinta for over 20 years. Throughout that time, he has dedicated himself to the best interests of the City and its residents. Wolff demonstrated his belief and commitment to the City by serving on the Cityhood Incorporation Task Force to help the City come into existence and eventually incorporate in 1982. He then served as the City's first mayor and as a City Council Member for four years. Wolff also chaired the ad hoc committee to develop a hillside ordinance to protect surrounding mountains from development, organized a community group to promote the construction of the Fritz Burns Park Municipal Swimming Pool, and served for 14 years on the board of directors and as president of the Coachella Valley Housing Coalition. Together with John Klimkiewicz, Wolff conceived an image for the newly -formed City as a cultural center of the Coachella Valley and helped form the La Quinta Arts Foundation. Wolff was also instrumental in initiating the first La Quinta Arts Festival in 1983, which is now ranked among the top 50 in the nation. Members of the public are invited and encouraged to attend. Refreshments will be served. For more information, please call (760) 777-7090. KinerComm unications NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias(a�kinercom.com La Quinta City Council Holds Special Meeting to Fill Vacancy La Quinta, CA (February 22, 2006) — The City Council of the City of La Quinta is seeking and accepting letters of interest and resumes from qualified La Quinta residents interested in appointment to the City Council. A special meeting of the City Council will be held Tuesday, February 28, 2006 at 4:00 p.m. to consider filling a current vacancy on the La Quinta City Council. The recent resignation of former City Council Member Ron Perkins has resulted in a vacancy on the City Council. The Council is soliciting letters of interest (accompanied by a resume) from civic - minded citizens who are qualified and interested in an appointment to fill this vacancy. The term of office is for a term which will expire in November of 2006. The necessary qualifications for interested applicants are: 1) Must be at least 18 years of age; 2) Must be a permanent resident of the City of La Quinta; and 3) Must be a registered voter in the City of La Quinta. The deadline for submission of letters of interest and resumes is Thursday, February 23, 2006 by 5:00 p.m. Letters and resumes may be hand delivered to the City Clerk at the La Quinta Civic Center (City Hall) located at 78-495 Calle Tampico. Faxed application materials will also be accepted prior to the specified deadline. They may be faxed to (760) 777-7101. The material will also be accepted via e-mail prior to the specified deadline. The e-mail address is dpowell@la- quinta. org. Questions should be directed to the City of La Quinta City Manager's Office at (760) 777-7073. H 1'47 K i n e r C o m m u n i c a t i o n s NEWS SERVICE FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias@kinercom.com THE CITY OF LA QUINTA AND LA QUINTA ARTS FOUNDATION PRESENT AN AFTERNOON OF COMMUNITY ENTERTAINMENT Jazz in the Afternoon with Mike Costley & Friends La Quinta, CA (February 3, 2006) - Experience an afternoon of jazz and witness the unveiling of Brent Jensen's 24th Annual La Quinta Arts Festival Poster at the La Quinta Civic Center Campus Outdoor Amphitheatre on Sunday, February 26 starting at 2:30 p.m. The Community Jazz Concert is a collaboration of the City of La Quinta and La Quinta Arts Foundation. Music and art are an essential part of the human experience. Delight to the sounds of local jazz favorite Mike Costley and Friends. These versatile musicians deliver an exciting performance that appeals to audiences of all ages. "The City of La Quinta is pleased to provide varied performance experiences for the community free of charge," said, Tom Genovese, City Manager. "We are thrilled to be launching this concert and to be working with these talented musicians and dedicated community partners." Meet featured artist, Brent Jensen, who has captured on canvas this year's La Quinta Arts Festival's theme of Home Grown -A Tribute to Agriculture in the Coachella Valley. The La Quinta Arts Festival is one of the premier annual art shows in the nation which features hundreds of exceptional artists offering original superior quality art. -more- Page 2—Community Jazz Concert Representatives from City of La Quinta, SilverRock Resort, La Quinta Chamber of Commerce, Friends of La Quinta Library, Friends of La Quinta Senior Center, La Quinta Historical Society, La Quinta Playhouse and Boys & Girls Club of La Quinta will be present to introduce you to their organization and activities. Beer, wine, and soft drinks will be offered for sale by La Quinta Rotary Club. Discover the rich sounds of jazz and join the City of La Quinta for an exciting afternoon of harmonic energy up close and personal. Get involved and be a part of this growing community. Bring your lawn chairs and wear your dancing shoes! The concert is free and open to the public. For more information, please call (760) 777-7090. 289 K i n e r C o m m u n i c a t i o n s MEDIA ADVISORY FOR IMMEDIATE RELEASE February 7, 2006 CITY OF LA QUINTA TRAFFIC UPDATE What: Jefferson Street from Vista Grande to Westward Ho will re -open to through traffic. When: Friday, February 10, 2006 Where: Jefferson Street La Quinta, CA The City of La Quinta would like to thank motorists for their patience during this busy road construction season. Any questions should be directed to the City of La Quinta Public Works Department at (760) 777-7075. KinerComm unications NEWS SERVICE I K FOR IMMEDIATE RELEASE Contact: Claudia I. Suarez Phone: 760.773.0290 Cell: 760.567.4507 claudias(a�kinercom. corn CLOSURE OF ADAMS STREET AND DARBY ROAD EXPECTED TO LAST 80 DAYS La Quinta, CA (February 24, 2006) — Adams Street (north of Fred Waring) and Darby Road in La Quinta will close for up to 80 days beginning Monday, February 27, 2006. The road closures are due to sewer and construction work taking place along those segments. The anticipated completion date for the work is June 19, 2006. Motorists are asked to be patient and avoid the Darby Road/Adams Street area. Alternate routes include Fred Waring and Washington Street. Any questions should be directed to the City of La Quinta Public Works Department at (760) 777- 7075. 291 292 29 MUCH MORES BUT CHARMING BEFORE. La Quinta has always been known for its charm and beauty, but now there's even more to love. A number of new shops, restaurants, spas, golf ventures and art galleries have opened, and La Quinta continues to blossom. Ifyou haven't been here lately, come and rediscover La Quinta today. c%4 i GEM OF THE DESERT Rediscover La Quinta. DEPARTMENT REPORT: -3 - A r� F 6�CITY COUNCIUS f _UPCOMING EVENTS Y / � APRIL 4 APRIL 18 MAY 2 MAY 16 JUNE 6 JUNE 20 JULY 4 JULY 18 AUGUST 1 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING AUGUST 15 CITY COUNCIL MEETING 296 LA QUINTA CITY COUNCIL MONTHLY CALENDAR April 2006 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 7 8 2:00 PM City Council 10:00 AM ALRC Meeting Daylight Savings Time 9 10 11 12 13 14 15 9:00 AM Chamber 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Workshop -Henderson Commission Henderson Campus -Henderson 10:00 AM Pub. Sfty-Kirk 5:30 PM Investment 11:00 AM CVCC-Sniff 12:00 PM Transp-Kirk Advisory Board 12:00 PM Energyl 6:00 PM League- Environ.-Sniff Henderson 7:00 PM Community Services Commission 16 17 18 19 20 21 22 Easter 2:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Meeting vation Commission 23 24 25 26 27 28 29 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- 10:00 AM - 1:00 PM - Henderson Commission Osborne Henderson Community Picnic/ 6:00 PM Exec Cmte.- 12:00 PM Sunline-Adolph Birthday Celebration - Adolph Fritz Burns Park 30 March May S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 Printed by Calendar Creator Plus on 3/30/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2006 2 3 4 5 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting 6 9:00 AM - 4:00 PM SJSR Ntl. Mnmt- Henderson 7 8 9 10 11 12 13 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal 12:00 PM Transp-Kirk Commission Henderson Campus -Henderson 3:00 PM Mtns. Con -Sniff 5:30 PM Investment 11:00 AM CVCC-Sniff 6:00 PM League- Advisory Board 12:00 PM Energy/ Henderson Environ.-Sniff 7:00 PM Community Services Commission 14 15 16 17 18 19 20 2:00 PM City Council 3:00 PM Historic Preser• 9:00 AM CVA-Henderson • Meeting vation Commission Mother's Day 21 22 23 24 25 26 27 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- - Henderson Commission Osborne Henderson 12:00 PM Sunline-Adolph 4:00 PM J.Cochran Reg. Airp-Osborne 28 29 30 31 4: April June S M T W T F S S M T W T F S 1 1 2 3 Memorial Day 2 3 4 5 6 7 8 4 5 6 7 8 9 10 (CITY HALL CLOSED) 9 10 11 12 13 14 15 11 12 13, 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 30 25 26 27 28 29 30 r-iIfI LI Uy I,dICIILI dr VrCdLUI r-IUJ VII J/JV/ZVVV LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2006 Sunday...y Tuesday Wednesday.. ..Saturday 2 3 May July S M T W T F S S M T W T F S 1 2 3 4 5 6 1 7 8 9 10 11 12 13 2 3 4 5 6 7 8 14 15 16 17 18 19 20 9 10 11 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 31 30 31 4 5 6 7 8 9 10 2:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Meeting Campus -Henderson 11:00 AM CVCC-Sniff 12:00 PM Energy/ Environ.-Sniff 12 13 14 15 16 17 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 3:00 PM Historic Preser- 9:00 AM CVA-Henderson 12:00 PM Transp-Kirk Commission Henderson vation Commission 6:00 PM League- 5:30 PM Investment Henderson Advisory Board 7:00 PM Community Services Commission ^ Flag Day 18 19 20 21 22 23 24 2:00 PM City Council 9:00 AM LAFCO- Meeting Henderson Father's Day 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Human/Comm- - Henderson Commission Osborne 6:00 PM Exec Cmte.- 12:00 PM Sunline-Adolph Adolph Printed by Calendar Creator Plus on 3/30/2006 &W `j `j Sep _� OF T� COUNCIL/RDA MEETING DATE: April 4, 2006 ITEM TITLE: Continuation of a Public Hearing to Consider Adoption of a Resolution Approving Tentative Tract Map 34185, the Subdivision of 3.14 Acres into Nine Single -Family Lots and Other Parcels, Located 425 ± Feet West of Jefferson Street Along the North Side of the Stormwater Channel, South of Fiesta Drive Accessed From Hummingbird Lane. Applicant: Sienna Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Continue public hearing to April 18, 2006, City Council meeting in order to allow applicant, Coachella Valley Water District and Staff additional time necessary to complete analysis of proposed alternative access. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW: The applicant is proposing to subdivide a 3.14 acre site into ten single-family residential lots located southwest of Fiesta Drive and Jefferson Avenue. The applicant is proposing access to the subject property via a private road connecting with Hummingbird Lane (Attachment 1). The site is bordered by single family homes to the north, two separate Coachella Valley Water District (CVWD) well sites to the east and west, and the CVWD storm water channel to the south. The City Council considered this item as a public hearing on March 7, 2006. Following a staff report, testimony was received from the applicant and multiple neighboring property owners. Several comments received from the neighboring property owners focused upon traffic impacts to the area, especially to existing homes on Hummingbird Lane, which is a short cul-de-sac currently serving four residences. Concerns with width of the proposed street and parking were also voiced. City Council discussion and deliberations included the possibility of an alternative access that would not utilize Hummingbird Lane. The question was raised regarding the possible relocation of the eastern well site to City property north of Fiesta Drive within City owned property immediately west of and adjacent to Jefferson Street. The well site relocation would in turn allow for access to be provided directly from Fiesta Drive. Ultimately, Council moved to continue the public hearing to the April 4, 2006 meeting, allowing time for the applicant to consider the possible access redesign and to propose the alternative to CVWD and city staff. Since that meeting the applicant has an alternative access concept drawing (Attachment 2). The redesign would result in the private cul-de-sac street connecting with Fiesta Drive east of lot 55 and just west of Jefferson Street. The proposed redesign includes one additional lot from the applicant's original submittal for a total of 1 1. The road width on the proposed redesign is primarily at 32 feet, the exception being adjacent to lot 55 where the road would narrow to 26 feet. The applicant is also proposing to place approximately 5 feet of the road on CVWD property, which would be 5 feet from the channel lining. The applicant and City staff met with CVWD staff on two separate occasions to discuss the proposed relocation of the well site and the possibility of the road encroaching onto the CVWD property. Based upon preliminary staff and CVWD review, the following issues have been identified: • The alternative will necessitate the applicant to acquire City property for the relocation of the CVWD well site. The City property being considered is narrow in width (84 feet) but several hundred feet in length. Well sites typically require between 22,000 and 33,000 square feet. CVWD evaluation and approval of an exact well site layout and site configuration is still required. Staff and the applicant are discussing cost for the City property. • The proposed Fiesta Drive access point is inconsistent with the General Plan requirement for a 250 foot separation between driveways/intersections (Program 2.8) as it is approximately 125 feet from Jefferson Street. Deviation from this policy is being reviewed. The alternative extends the private street length to a length of approximately 1050 feet, which may be of issue as this length exceeds the maximum length allowed as per fire department standard. However, the proposed redesign has yet to be reviewed by Riverside County Fire. • The applicant has proposed two additional lots with the proposed redesign. This proposal does not address the recommendation of Planning Commission to eliminate a lot in the area of proposed lots 1-7 to match up closer with the existing adjacent lots to the north. • Staff has identified concern with proposed lot 11 and the ability to site a home on the property that conforms to the required yard setbacks. In addition, much of the eastern area of this lot will be too narrow for typical residential uses. • CVWD staff has identified that the applicant may be required to install a concrete access road between the storm channel floor and the existing well site to the west of the subject property. • As proposed, the 32 foot wide street is relying upon using CVWD property. This will place the street approximately 5 feet from the stormwater channel liner. CVWD is evaluating this request. • In order to accommodate previously identified parking concerns, the applicant is proposing a 32 foot wide street. However, there is limited space available between lot 55 and the storm water channel, limiting the street width to 26 feet in this limited area. Staff is continuing to review the proposed access redesign. Agency review and comments are also forthcoming. In addition, the applicant is currently contemplating preliminary comments from CVWD staff. Though staff is requesting this matter be continued to the April 18, 2006 City Council meeting, additional time may be necessary for property acquisition should the applicant continue to pursue the alternative following staff review. Since the March 7, 2006 public hearing, staff has received additional written testimony from a neighboring property owner. A copy of the letter is attached (Attachment 3). FINDINGS AND ALTERNATIVES Findings necessary to approve the Tentative Tract Map can be made and are contained in the attached Resolutions. 302 The alternatives available to the City Council include: 1. Continue the public hearing for Tentative Tract Map 34185 to the April 18, 2006 City Council meeting; or 2. Do not adopt the Resolutions approving the project; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. 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I 1, ,, 1\ Il.�111, 11+IIII I 11 \\1\11,11111 1 11 �' 11 \ lllllll\,1,+1 R\1 i ''III I\ `��;�`;A �11'.I„I•,'', II II �4 1 I l`';,'•I���', 1�•', III: i + I �1 ` ��' `i'I •I l' l\` 1114 ! � Ile ,•"`r,,ll, I4 ' 111 s l lol �11 111 I :A -`_ t— TI III' I I I I II I 1 i 1 I � I 1 I / T <ti y ' 00o y i x �z 0 T�J J x > t-'Dy ch z o �Z��� N o O rAoy�`y zm�►�,�� N �a am00 �70O�j CA� y D r Z T D O € Fggg4 I � DUNE R. ROAD 9 QR $ap yEiY� FN :' (�q 55 p ' � I OR 3I� �� g FERSON STREET a� 41E105 yBlg$�88y^SfS dkRY TY v N N N N OFON SWEr el ^ A 1J " N ATTACHMENT 3 Miller Letter 3-27-06 From: Jamie miller [lverness@hotmail.com] Sent: Sunday, March 26, 2006 2:31 PM To: Andy Mogensen subject: Tract No. 34185 Hi Andrew: Please forward this note to the city council regarding the meeting set for April 4, 2006. Thank you!!! i was not able to attend the last meeting regarding this proposed tract, and I do not know if I will be able to attend the next meeting on April 4th, so i am sending my thoughts via this email. I heard there is a new proposal that alleviates the traffic issue I have discussed before. I understand that proposal includes putting the well sight at another location on Jefferson, therefore there would be access to this tract coming off of Fiesta, rather than using the empty lot beside me. I am totally for this proposal, as I think it would help alleviate the traffic, and it would help maintain the neighborhood that i originally moved into. Thank you. Jamie Miller 79869 Hummingbird Lane 306 Page 1 Sep �w�.,� w OF 9 COUNCILI"A MEETING DATE: April 4, 2006 ITEM TITLE: Public Hearing to Consider Adoption of Resolutions: 1) Approving Specific Plan 2006-078, Providing Design Guidelines and Development Standards For An Apartment Complex of up to 250 Units and Accessory Buildings; 2) Approving Site Development Permit 2006-857, Approving Building Elevations and Landscaping Plans for a 218 Unit Apartment Complex, and 3) Approving the Affordable Housing Agreement Entered into by and Between the La Quinta Redevelopment Agency and Coachella Valley Housing Coalition, for the sale and development of 14.8 acres of Agency property to be developed in Accordance with the Affordable Housing Agreement. Applicant: Coachella Valley Housing Coalition RECOMMENDATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving Specific Plan 2006-078, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving a Site Development Permit 2006- 857, subject to Findings and Conditions of Approval: and Adopt a Resolution of the City Council that approves an Affordable Housing Agreement by and between the La Quinta Redevelopment Agency (Agency) and Coachella Valley Housing Coalition for the sale and development of 14.8 acres of Agency property located northwest of the intersection of Dune Palms Road and Avenue 48 in La Quinta Project Area No. 2. FISCAL IMPLICATIONS: The Affordable Housing Agreement (Agreement) will result in expenditure of up to $30,153,435 in 2004 Low- and Moderate -Income Housing Bond Fund revenue. The Agreement also provides that the Agency may need to fund an additional $10,000,000 of development costs if the project is not awarded State Multi- ; 3i Family Housing Program (MHP) loan funds. If MHP loan is not granted, the Agency Board will -then be requested to consider appropriating an additional $10.0 million in funding. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The currently vacant 14.8 acre project site is located on the north side of Avenue 48 and west of Dune Palms Road (Attachment 1). The property is zoned Regional Commercial. High density residential housing with an affordable component is allowed in the Regional Commercial Zone if it is more than 600 feet south of Highway 1 1 1; this site is located 1,450 feet south of Highway 1 1 1. The property is owned by the La Quinta Redevelopment Agency. The Agency has reviewed concept development plans and directed staff to negotiate an affordable housing agreement with Coachella Valley Housing Coalition to undertake this project. Surrounding Zoning/Land Use North: Sam's Club/ Regional Commercial (CR) South: Rancho La Quinta/ Low Density Residential (LDR) East: Desert Sands Administrative Center/ Major Community Facility (MC) West: Watercolors Senior Housing/ High Density Residential (RH) Planning Commission Action The Planning Commission reviewed the applicant's request on March 28, 2006, and discussed all aspects of the application requests and, after conducting a public hearing and deliberations, voted unanimously (5-0) to recommend: 1. Approval of Dune Palms Neighborhood Specific Plan 2006-078, 2. Approval of Site Development Permit 2006-857. The recommendations are based on the attached Findings and Conditions of Approval including modifications to Site Development Permit 2006-857, conditions 7, 52 and 77, as requested by the Commission. General Plan The project is consistent with the City's General Plan goals and policies. The land use designation for the subject property is Regional Commercial (M/RC). The General Plan Land Use Element allows High Density Housing with an affordable 308 component in the Regional Commercial Zone if it is more than 600 feet south of Highway 111. The project is consistent with General Plan Residential Goal 2 by providing "a broad range of housing types and choices for all residents of the City." The project meets this goal by providing a mix of rental housing choices for very low- to moderate -income residents. The project also implements affordable housing opportunities, goals, policies and programs adopted in the 2004 General Plan Housing Element. Specific Plan The request is for approval of Dune Palms Neighborhood Specific Plan 2006-078 (Attachment 2) establishing design guidelines and development standards in a focused development plan for the distribution of land uses, location and sizing of supporting infrastructure, development standards, and requirements for public improvements on the 14.8 acres. Zoning Code Section 9.70.030 requires that a specific plan be approved for any development that exceeds ten acres located in this zoning district. The Specific Plan is designed to ensure quality development; it also provides a degree of flexibility to allow development to respond to the changes in local standards and the marketplace. The Specific Plan describes essential elements of the proposed project including the residential component that includes the potential to achieve up to 250 unit, circulation, site grading, drainage and flood control, utilities, design and sustainability guidelines, and consistent and compatible General Plan policies. The Specific Plan requests the following deviations from the Zoning Code: • Allow two story buildings up to 28 feet in height within 150 feet of a Primary Arterial; Zoning Code requires 22 feet and one story in the Image Corridor. • Allow a "minimum average" of 20 feet for the perimeter landscape setback; Zoning Code requires a 20-foot landscape setback without allowance for curvilinear walls. • Allow parking post on the sides of each stall, in the parking structure, to have a 6-inch clearance on each side; Zoning Code requires an 18-inch clearance on each side. • Allow a parking standard of 1.5 spaces per unit, plus .5 guest spaces per unit for the entire project; Zoning Code requires the following for apartments and airspace condominiums: Studio - 1 covered space per unit, plus .5 guest spaces per unit One -bedroom - 1 .2 covered spaces per unit plus .5 guest spaces per unit 109 Two -bedroom - 2 covered spaces per unit plus .5 guest spaces per unit Three or more bedroom - 3 covered spaces per unit plus .5 covered spaces per each bedroom over three, plus .5 guest spaces per unit. • Allow the project as designed which anticipates a drainage design solution that connects to a storm drain with conveyance into the La Quinta Evacuation Channel; or provide on -site retention and redesign the project accordingly. • Allow a minimum apartment unit size of 650 square feet; Zoning Code requires a minimum unit size of 750 square feet. In addition current design is a minimum 750 square feet for the one bedroom unit. • Allow a minimum 5-foot front yard and side yard setback for the Community Building and Child Day Care Center; Zoning Code requires a 30 foot setback from Primary Arterials (i.e. Dune Palms Road) Relationship to Neighboring Properties To the north of the proposed project is Sam's Club in La Quinta Centre; Sam's Club is conditioned to mitigate noise by building an 8 foot high masonry wall along the entire south edge of their property. To the east of the project and across Dune Palms Road is Desert Sands Administrative Center and bus maintenance facility. To the south of the proposed project and across Avenue 48 is Rancho La Quinta including the Dune Palms Road entrance to their maintenance facility and employee parking lot. The proposed project provides an unobtrusive transition from one story buildings directly adjacent to Avenue 48 to two- and three-story buildings located towards the center of the project. To the west of the proposed project is Watercolors Senior Housing; residential units are under construction. The applicant has worked with the adjacent property owner for Watercolors and proposed, as depicted on Site Details, a decorative masonry wall with "tree pockets" to soften the visual impact of a long flat wall surface. In addition, staff and the applicant have also had several meetings with representatives of Rancho La Quinta in order to discuss the aesthetics of the proposed development. Project Proposal The applicant proposes developing 22 buildings with similar elevations and eleven different floor plans. Proposed on the site plan are 218 apartment units; however, the project could have up to 250 units, as identified in the Specific Plan, which is to be determined in final design. Staff is recommending a Condition of Approval that would allow the Community Development Director to approve the final design or defer the design decision to the Planning Commission. The project takes vehicle access from Avenue 48 and Dune Palms Road leading to central driveway providing access to parking for the residents. The southerly Dune Palms Road driveway 310 access has been modified to meet a General Plan requirement that driveways on Primary Arterials be separated a minimum of 250 feet. Pedestrian pathways are provided throughout the site with a central courtyard connecting the apartments and a half court basketball facility on the west side of the main driveway to the community building, day care center and pool which are located on the east side of the central driveway (Attachment 3) . Buildings are one, two, and three stories with the one-story buildings at a maximum 14 feet in height, two-story buildings at a maximum of 28 feet in height, and the three-story buildings at a maximum 40 feet in height. Floor plans consist of one, two, three and four bedrooms ranging in size from 750 to 1,550 square feet. The applicant is proposing a Specific Plan that would allow additional height of up to a maximum of 28 feet in the 150-foot Image Corridors along Avenue 48 and Dune Palms Road. An average minimum 20-foot landscape setback is also proposed along Avenue 48 and Dune Palms Road in order to allow a meandering perimeter wall. In addition, the Specific Plan is proposing modification to street and parking design standards. Proposed unit sizes comply with the City's minimum unit size and are as follows: Unit Size One Bedroom @ 750 square feet = 810 square feet Two Bedroom @ 900 square feet = 1,037 square feet Three Bedroom @ 1,050 square feet = 1,370 square feet Four Bedroom @ 1350 square feet = 1,550 square feet The project, as shown on the site plan, includes 218 units with the following project unit breakdown: Bedrooms Units % One 28 13 -- Two 63 29 _ Three 103 47 Four 24 11 ---] Buildings along Avenue 48 are a blend of one and two story buildings providing a stepped back design from one story to two stories. The two-story portion of these buildings are located a minimum of 80 feet from Avenue 48. Proposed along the south property line are stepped back one- and two-story buildings providing a transition from one to two stories along Avenue 48. The two-story buildings are located farthest from the south property line. A key design element is to orient the two-story buildings in such a way that units are screened from views to the south. Two-story buildings along Avenue 48 are 311 oriented to face away from the street. One- and two-story buildings in Neighborhood 5 face Avenue 48. This building will be screened with an upgraded carport and additional landscape. This building is setback 75 feet from the project's property line and approximately 330 from the nearest Rancho La Quinta residence. Parking and the stepped back one story buildings provide a visual transition for Rancho La Quinta homes and the maintenance facility & employee parking lot which are located across Avenue 48. Site sections portray the proposed landscape and wall treatment from Avenue 48 to the proposed one-story apartment buildings. In addition, large trees (48 inch box) are required along Avenue 48 to enhance the visual buffering. Buildings are mostly two stories along Dune Palms Road. The one and two-story buildings are primarily arranged in courtyard groupings creating a series of common open spaces buffered from parking areas, which will encourage safe areas for children at play and pedestrians. The proposed design provides separation from the adjacent single-family detached residential neighborhoods. A core spine of three-story buildings are proposed to be located near the center of the project site oriented in a north -south fashion with additional three-story buildings located towards the north and west of the property, which borders the neighboring retail area to the north and northwest. Townhouse style units make up the first two stories of the buildings. The third story units are all one bedroom and are accessible via elevator or stairs. A pedestrian bridge is provided between the third stories of the first & second and third & fourth buildings. The first and third story units are accessible from the parking garage elevators; first floor townhouse units are also accessible at ground level. Proposed along the east and north property lines is a combination of two and three- story buildings providing a stepped back design from two to three stories. To facilitate a smooth transition from the adjacent single-family homes (Watercolors senior housing) to the tallest buildings on site, two-story buildings and parking areas are located closest to the project's western perimeter. This buffer will help ensure a reasonable interface between the proposed project and the Watercolors senior housing development, which is under construction. Site sections portray the view of the proposed two- and three-story buildings from Watercolors as well as a shared wall along this west property line that allows for "tree pockets" to break up the visual effect of a long expansive linear wall. As currently proposed, CVHC is utilizing an integrated design approach with energy conservation and efficiency being central to the overall integrated design of the Dune Palms neighborhood. To diminish the "heat sink" that pavement creates and. to provide shade for pedestrians, the landscape design includes street trees lining the central promenade and the loop road. Drought -tolerant punts will be the palette used for areas basis that are not intended for recreation, and turf will be used for play areas and the visual relief that helps soften the desertscape. Sophisticated irrigation controls with moisture and rain sensors will reduce the overall water usage. In the large central three-story buildings, the domestic hot water system will also provide heat for individual apartments, and several energy -conserving cooling systems are being evaluated. Solar -assisted systems will also be included in the development Solar photo -voltaic panels will be considered for common area pumps and lighting. For the outer buildings in Neighborhoods One thru Four, a domestic hot water system that combines solar -panel water heating and central boilers is being designed. The building envelope will feature windows with high-performance glazing to reduce glare, solar heat gain, and heat transfer. Insulation will be used to its highest effectiveness, and shading will be provided wherever possible. Within the units themselves, low VOC paint, cabinetry, and flooring will reduce the "off - gassing" that has been identified as an important contributor to healthy homes. Proposed are a total of 457 parking spaces for the apartments. A total of 326 covered parking spaces are proposed which includes below c rade, garage and carport parking. Proposed under the four central three-story buildings is a 116 space subterranean parking garage. Each of the A-1 two story buildings are proposed to have 4 tuck under resident parking garages with doors made of sectional metal with textured paint to reflect a wood finish. Proposed are 170 carport parking spaces. Carport structures are freestanding; with two proposed designs. The first design is a standard painted metal structure with a 7'/2 -foot clearance. The second design is proposed to be a maximum 12 feet high, to be semi -custom construction with textured painting to reflect a wo'.)d finish including tiled wood frame roof design. The second design would be instilled along Avenue 48 and Dune Palms parking lots. Both options propose solar panels integrated into the carport roof design. An additional 131 uncovered/surface and parallel parking spaces are proposed which include guest and handicapped parking. The following compares of the proposed Specific Plan parkins; standard of 1.5 spaces per unit and .5 guest spaces per unit with Zoning Code parking requirements and other apartment projects built and managf=:d locally by the Coachella Valley Housing Coalition: Table 1 : Parking Proposal 1 .5 spaces x 218 units = 327 .5 spaces x 218 units = 109 ADA required spaces = 12 Total spaces required by Specific Plan: 448 Total spaces proposed: 457 Average spaces per unit: 2.24 31a Bedroom Units 1 BR 42 2 BR 103 3 BR 44 4 BR 46 Subtotal: 235 Total 235 Average space per unit 2.1 Table 2: CVHC Existing Projects Primary Guest Bedroom Units Primary guest 52.50 10.50 1 BR 12 15.00 3.00 154.50 25.75 2 BR 67 100.50 16.75 99.00 11.00 3 BR 90 204.75 22.50 138.00 11.50 4 BR 33 99.00 8.25 444.00 58.75 Subtotal: 202 419.25 50.50 502.80 Total: 202 470 Average space per unit 2.33 Table 3: Zoning Code Requirement Bedroom Apartment Units Spaces Required by Code Covered Spaces Guest Spaces 1 BR 28 1.2 + .5 33.6 14.0 2 BR 63 2 + .5 126.0 31.5 3BR 103 3+.5 309.0 51.5 4 BR 24 3.5 .5 84.0 12.0 Subtotal: 218 552.6 109 Total: 218 661 Average spaces per unit 3.0 In summary, the City Zoning Code would require an average of 3.0 spaces per unit, two projects completed by the applicant have an average of 2.1 and 2.23 spaces per unit, and the proposed project identifies an average of 2.24 spaces per unit. Staff has conducted field observations at the above referenced local apartments built and managed by the Coachella Valley Housing Coalition and is satisfied with a parking ratio of 2.24 spaces per unit as proposed. The Coachella Valley Housing Coalition is requesting a reduction in parking requirements and has provided documentation from their apartment projects (Attachment 4) . Architecture All buildings have a similar Mission Revival design, all proposed buildings will be covered with red clay "S" the and walls will have an off-white hand -troweled stucco finish in terra cotta, ochre, and blue-green. The proposed roofs are gable style with roof pitches at 3.5:12. Recessed building entries and architectural pop - outs for windows with dormer roofs are prevalent on all windows. Deep recessed windows provide relief with some windows proposed to be shaded by building overhangs eaves and/or tiled wood framed awnings. All proposed windows and slider glass doors for the apartments are multi -pane. Aluminum frames with baked enamel finish painted blue grey are proposed for all windows including the sliding glass doors that lead to outdoor patios of which all first floor patios are covered and 1'4 some second story patios are covered with stained wood trellis' and red clay "S" tile. Also identified on the site plan are a community building, a child care center, and a pool. The buildings will have similar design using the same materials and colors as the proposed units. These building(s) are not a part this package for review and approval and this will be considered at a future date. Landscape Plan The Landscaping Plan identifies a palette of plant material consisting of shrubs, groundcover, and trees for the entries, the setbacks, the on -site planting areas, and the building perimeter planters. For the required landscape setback on Avenue 48 and Dunes Palms Road, the applicant proposes Foothill Palo Verde, Shoestring Acacia, and Lemon Scented Gum trees. Proposed for the corner of Dune Palms Road and Avenue 48 is a robust landscape treatment with a cluster of trees, a raised planter with shrubs and lantana, and cobble stone ground cover treatment. Foothill Palo Verde, Shoestring Acacia, and Lemon Scented Gum trees provide accent at the two project entries and along the perimeter of Avenue 48 and Dune Palms Road. Along internal driveways the applicant proposes Tipuana Trees and Sissoo Trees with Foothill Palo Verde, Shoestring Acacia, and Jacaranda trees providing accent. A variety of additional trees for shade and accent are proposed throughout the courtyard (all with 1.25 to 2.5 calipers) and throughout the site. They include: Desert Willow, Evergreen Elm, Cascalote, Citrus, Palo Blanco, Litteleaf Ash, Golden Ball Lead, Date Palms Mediterranean Palms, and Mexican Fan Palms. Shrubs include Yellow Oleander, Bougainvillea, Baja Fairy Duster, and Texas Ranger. Some cactus and spiky plants are proposed. These plants will need to be carefully place to keep away from pedestrian traffic. A central courtyard between the three story "J-1 " and "J-2" buildings connects the apartments on the west side of the project to the community center, day care center and pool. Raised planters, colored concrete and enhanced paving are proposed to delineate all courtyards, pathways, patios, and pool decking. A meandering wall is proposed along the perimeter streets; the precise location of this wall will be dependent upon a final grading plan and noise impacts considerations. Due to the need to fast track process this proposed development, staff continues to review all of the material provided. One additional item recently identified is the need to increase the landscaping along the west property line to include additional tree wells, trees and a hedge in order to soften the transition between Watercolors and the proposed development. Staff will continue review of the material provided with the opportunity for other landscaping related matters to be ..addressed as part sis of the detailed landscaping plan review and approval process that will be conducted at a later date. The applicant and Watercolors are cooperatively working on design and landscaping treatment options for the west property line. Environmental Assessment The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 on December 21, 2004 and subsequently on March 22, 2005 completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions and no new information are proposed which would trigger the preparatio of a subsequent Environmental Assessment pursuant to public resources code section 21166. Written Comments from Other Departments and Agencies All written comments received are on file with the Community Development Department. All applicable agency comments received have been made part of the Conditions of Approval for this case. Public Notice This case was advertised in the Desert Sun newspaper and posted where required, on March 23, 2006. All property owners within 500 feet of the �;ite were mailed a copy of the public hearing notice. To date, one letter has beef received from a neighboring property owner and is attached (Attachment 5). AFFORDABLE HOUSING AGREEMENT: The California Community Redevelopment Law mandates that vie Agency insure that at least 15% of all privately developed or substantially rehal:filitated dwellings in each of the Agency's two Redevelopment Project Areas are Uffordable to very low-, low- and moderate -income households; of these, 40% must be affordable to very low-income households. Based upon General Plan densities and residential build -out projections, the Agency must secure 1,994 affordable units by 2036, and 798 of these units must be affordable to very low-income househCids. To date, the Agency has secured 1,031 affordable dwellings and 281 of these units are affordable to very low-income households. In July 2004 the Agency purchased a 27.4 acre parcel located northwest of the Dune Palms Road/Avenue 48 intersection to facilitate affordable housing development, a SilverRock Resort well site, and Highway 111 commercial development. The larger parcel was subsequently subdivided to three parcels; two were sold for commercial development and a 14.8 acre parc_:il was designated for affordable housing development. The Agency subsequently is`�ued a request for 1416 qualifications and selected the Coachella Valley Housing Coalition �VHC) to initiate site planning activities and structure an affordable housing development. The Agency Board accepted the site plan in January 2005, and directe .i staff to draft an affordable housing agreement (Attachment 7) that would facilitate site sale and development activities. The Agreement facilitates the sale of 14.3 acres to CVHC -or $1 .00. The Remaining .5 acres will be dedicated to the Coachella Valley Wz ter District for a domestic water well site to satisfy 1 of the 7 well sites required or the SilverRock development. The Agreement also provides for up to $30,153,435 in Agency financial assistance to facilitate development of a 218 unit multi -family complex. These one, two, three and four bedroom dwellings will rented at affordable rents to very low and moderate income households. Based upon 2005 11:ousehold income limits for Riverside County (2006 household income limits have no been published) households earning from $22,250 to $53,450 per year would jualify to live in these units. The dwelling rents will remain affordable to very w and moderate income households for 55 years. This residential complex will all,,) embrace design principals that reduce development and operational impacts on the environment, and reduce energy use through the use of solar water and space beating, and solar electricity generation. The Summary Report that further details the financial and redevelopment aspects of this transaction is attached (Attachment 6). Project Financing The total land and improvement costs for the 218 complex are estimated to be $82.6 million; $7,474,896 in land cost and $75,155,298 in site and building improvements costs. These costs are as follows: Source Amount Agency: Land contribution $ 7,474,896 Financial assistance $26,1 53,435 MHP loan $10,000,000 First trust deed mortgage $ 3,994,700 4% tax credit equity $33,707,1 63 Deferred developer fee $ 1,300,000 Staff is requesting that the Agency appropriate a $4,000,&'- ,l more than the estimated $26,153,435 of financial assistance to cover possible construction labor and materials cost inflation. Construction materials and labor Costs have been increasing at a rate of 1 % per month or 12% per year. The combined MHP and tax credit funding will not be in place until the latter part of 2006, �,vith construction then proceeding during the second quarter of 2007. The additi_.)nal $4,000,000 will provide a cushion in case actual labor and materials cosh xceed the spring 2006 cost estimates. 317 FINDINGS AND ALTERNATIVES: Findings necessary to approve the Specific Plan and Site Development Permit can be made and are contained in the attached Resolutions. The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving SpecifIL Plan 2006-078, subject to Findings and Conditions of Approval; and Adopt a Resolution of the City Council approving Site Development Permit 2006-857, subject to Findings and Conditions of Approval; end Adopt a Resolution of the City Council of the City of La QU' ita that approves an Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and Coachella Valley Housing Coa 'tion for the sale and development of 14.8 acres of Agency property located northwest of the intersection of Dune Palms Road and Avenue 48 in La Quinta Project Area No. 2; or 2. Do not adopt the Resolutions approving the project and A, fordable Housing Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas vans, Community Development Director Attachments: 1 . Location Map Approved for submission by: Thomas P. Genovese City Manager 319 2. Specific Plan 2006-078 3. Site Development 2006-875 package 4. Coachella Valley Housing Coalition parkin :g reduction request 5. Written Testimony 6. Affordable Housing Agreement Summary Report 7. Affordable Housing Agreement 319 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A ± 14.8 ACRE HIGH DENSITY RESIDENTIAL DEVELOPMENT CASE: SPECIFIC PLAN 2006-078 APPLICANT: COACHELLA VALLEY HOUSING COALITION WHEREAS, the City Council of the City of La Quinta, California did, on the 4th day of April, 2006, hold a duly noticed Public Hearing to consider a request by the Coachella Valley Housing Coalition, for a Specific Plan to establish residential design guidelines and development standards for the property located at the northwest corner of Avenue 48 and Dune Palms Road, and more particularly described as: PARCEL 4 OF PARCEL MAP 33588; and, WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 28th day of March, 2006, hold a duly noticed Public Hearing to consider a request by the Coachella Valley Housing Coalition, to recommend to the City Council approval of a Specific Plan to establish residential design guidelines and development standards for the property located at the northwest corner of Avenue 48 and Dune Palms Road. WHEREAS, the Community Development Department published a public hearing notice in the Desert Sun newspaper on the 171h day of March, 2006, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, said Specific Plan has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said Planning Commission did make the following Mandatory Findings to justify recommending approval of said Specific Plan: P:\Reports - CC\2006\4-4-06\Dune Palms CVHC SP SDP DDA\CC RESO SP 2006-078.doc City Council Resolution 2006- Specific Plan 2006-078 Coachella Valley Housing Coalition Adopted: April 4, 2006 Page 2 Finding A - Consistency with General Plan The property is designated Mixed/Regional Commercial. The proposed project will be developed as high density residential development. The General Plan Land Use Element allows High Density Residential development with an affordable component in the Mixed/Regional Commercial designation if it is more than 600 feet south of Highway 111. The project is also consistent with General Plan Residential Goal 2 by providing "a broad range of housing types and choices for all residents of the City". The project meets this goal by providing a mix of rental housing choices for low and very -low income residents. The project also implements affordable housing opportunities, goals, policies and programs adopted in the 2004 General Plan Housing Element. Finding B — Public Welfare Enhancement The project will not be detrimental to the public health, safety and welfare in that the project is designed in compliance with the City's General Plan Circulation Element and design of the Specific Plan, as well as other County and State standards, and CEQA standards. That the proposed Specific Plan will not create conditions materially detrimental to the public health, safety, and welfare in that the resulting uses will require Planning Commission review and approval of development plans under a Site Development Permit, which will ensure adequate Conditions of Approval. Findings C and D — Land Use Compatibility and Property Suitability The project site is allows the proposed use. The project will provide adequate buffering through project design, landscaping and walls to ensure compatibility with surrounding land uses. The project will provide adequate perimeter landscaping and acceptable architectural design guidelines, consistent with those requirements of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California as follows: 1 . That the above recitations are true and correct and constitute the findings of said City Council in this case; and P:\Reports - CC\2006\4-4-06\Dune Palms CVHC SP SDP DDA\CC RESO SP 2006-078.doc City Council Resolution 2006- Specific Plan 2006-078 Coachella Valley Housing Coalition Adopted: April 4, 2006 Page 3 2. That it does hereby approve Specific Plan 2006-078, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council, held on this 4th day of April, 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 322 P:\Reports - CC\2006\4-4-06\Dune Palms CVHC SP SDP DDA\CC RESO SP 2006-078.doc RESOLUTION 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING THE DEVELOPMENT PLANS FOR 218 UNIT MULTI- FAMILY RESIDENTIAL DEVELOPMENT CASE NO.: SITE DEVELOPMENT PERMIT 2006-857 APPLICANT: COACHELLA VALLEY HOUSING COALITION WHEREAS, the City Council of the City of La Quinta, California, did, on the 4th day of April, 2006, hold a duly -noticed Public Hearing to consider the request of the Coachella Valley Housing Coalition for a Site Development Permit for a 218 unit multi -family residential development located west of Dune Palms Road and north of Avenue 48, and more particularly described as: PARCEL 4 OF PARCEL MAP 33588: and; WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 28th day of March, 2006, hold a duly -noticed Public Hearing to consider the request of the Coachella Valley Housing Coalition for a Site Development Permit for a 218 unit multi -family residential development located west of Dune Palms Road and north of Avenue 48; and, WHEREAS, said Site Development Permit has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-68). The City Council certified Environmental Assessment 2004-524 for Specific Plan 97-01 1, Amendment No. 3 for the Centre at La Quinta Specific Plan and completed an Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824. No changed circumstances or conditions exist which would trigger the preparation of a subsequent Environmental Impact Report or environmental review pursuant to Public Resources Code Section 21 166; and, WHEREAS, the Architecture and Landscape Review Committee, at its' meeting of March 20th, 2006, did review the architecture and landscape plans for the proposed project and recommended approval, subject to conditions, to the Planning Commission; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Commission did make the following Mandatory Findings of approval to justify said Site Development Permit 2005-857: City Council Resolution 2006- Site Development Permit 2006-857 Coachella Valley Housing Coalition Adopted: April 4, 2006 A. Compliance with General Plan- The project is in compliance with the goals, policies and intent of the La Quinta General Plan in that the property to be developed is designated Regional Commercial and the General Plan Land Use Element allows High Density Residential development with an affordable component with in the Mixed/Regional Commercial designation if it is more than 600 feet south of Highway 111. B. Consistency with the Specific Plan- The design and development of the multi -family residential project will be consistent with the design guidelines and development standards provisions of Specific Plan 2006- 078. C. Compliance with Zoning Code- The design and development of the multi -family residential project will be consistent with the City's Zoning Code, where provisions of the Specific Plan do not apply, provided conditions 'contained herein are met to ensure consistency with the Zoning Code. D. Site Design- The site design of the project, including but not limited to project entries, interior circulation, vehicular, pedestrian and bicycle circulation, pedestrian and resident amenities, parking, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. E. Architectural Design- The architectural design of the project, including but not limited to the architectural style, scale, building mass including the stepped -back buildings concept, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development. F. Landscape Design- Conceptual project landscaping include but not be limited to the location, type, size, color, texture, and coverage of plant materials that will be designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, provide an overall unifying influence, enhance the visual continuity of the project, complement the surrounding project area and as conditioned will comply with City and CVWD water efficiency, ensuring efficient water use. City Council Resolution 2006- Site Development Permit 2006-857 Coachella Valley Housing Coalition Adopted: April 4, 2006 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the above recitations are true and constitute the findings of the City Council in this case; 2. That the City Council does hereby approve Site Development Permit 2006- 857 for the reasons set forth in this Resolution and subject to the attached conditions. AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL — RECOMMENDED SPECIFIC PLAN 2005-078 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 C;FNFRAL 1 . The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"'), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. All mitigation measures contained in the Mitigated Negative Declaration for Environmental Assessment 2004-524 for Specific Plan 97-01 1 , Amendment No. 3 and Addendum to Environmental Assessment 2004-524 for Site Development Permit 2005-824 shall be complied with. 3. Prior to issuance of a grading permit, all project related final Conditions of Approval shall be incorporated in the Final Specific Plan document. Applicant shall work with staff to correct internal document inconsistencies and update graphics as appropriate prior to final publication of Specific Plan document. Applicant shall provide five copies of the Final Specific Plan document to the Community Development Department. 326 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 GENERAL 1. The developer agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. 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. 2. Prior to the issuance of any grading, construction, or building permit by the City, the developer shall obtain any necessary clearances and/or permits from the following agencies: Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • SCAQMD Coachella Valley The developer is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the developer shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the developer; and who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the developer's Notice of Intent ("NOI"), prior to the issuance of a grading or site construction permit by the City. 3. The developer shall comply with applicable provisions of the City's NPDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management 4 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 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The developer or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The developer's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The developer shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The developer's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the developer shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 4. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 328 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 PROPERTY RIGHTS 5. Prior to issuance of any permit(s), the developer 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. 6. The developer shall offer for dedication on the Final Map 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. 7. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1) Dune Palms Road (Primary Arterial, Option A, 1 10' ROW) — The standard 55' from the centerline of Dune Palms Road for a total 1 10- foot ultimate developed right of way except for: A) If necessary, an additional right of way dedication for a deceleration/right turn only lane at the Primary Entry (north end) of sixty three (63') feet from the centerline and length conditioned under STREET AND TRAFFIC IMPROVEMENTS, and B) If necessary, an additional right of way dedication for a deceleration/right turn only lane and combined bus turnout at the Secondary Entry (south end) of sixty three (63') feet from the centerline and length conditioned under STREET AND TRAFFIC IMPROVEMENTS. 2) Avenue 48 (Primary Arterial, Option A, 1 10' ROW) — The standard 55' from the centerline of Avenue 48 for a total 110-foot ultimate developed right of way except for: A) An additional right of way dedication for a deceleration/right turn only lane of sixty three (63') feet from the centerline and length conditioned under STREET AND TRAFFIC IMPROVEMENTS. 8. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. w�7 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 Pursuant to this requirement, the Developer shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement. 9. The developer shall create perimeter landscaping setbacks along all public right-of- ways as follows: A. Dune Palms Road and Avenue 48 (Primary Arterial) - 20-foot average minimum from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Additionally, the abovementioned perimeter landscaping setbacks shall be maintained along all public rights of way where additional right of way is required per these conditions of approval. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the developer shall offer for dedication blanket easements for those purposes on the Final Map. 10. Direct vehicular access to Dune Palms Road is restricted, except for those access points identified on the Site Development Permit site plan, or as otherwise conditioned in these conditions of approval. 11. The developer shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 12. The developer shall cause no easement to be granted, or recorded, over any portion of the subject property unless such easement is approved by the City Engineer. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refers 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 330 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 Section 13.24.040 (Improvement Plans), LQMC. 14. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. 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 developer 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 Plan 1 " = 40' Horizontal B. Precise Grading Non -Residential Plan 1 " = 30' Horizontal C. PM 10 Plan 1 " = 40' Horizontal D. SWPPP 1 " = 40' Horizontal E. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Off -Site Signing & Striping Plan 1 " = 40' Horizontal G. On -Site Street Improvements/Signing & Striping/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical The Off -Site street improvement plans shall have separate plan sheet(s) (drawn at 20 scale) that show the meandering sidewalk, mounding, and berming design in the combined parkway and landscape setback area. NOTE: A through G to be submitted concurrently. H. Traffic Signal Modification Plan (if required) 1 " = 20' Horizontal I. Off -Site Median Landscaping Plans ill = 40' 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. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions to include all approaches to the Avenue 48 and Dune Palms Road. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. 331 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 "Rough Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The developer shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2001 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. "Precise Grading Non -Residential" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 15. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the 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. 16. The developer 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 developer 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. IMPROVEMENT SECURITY AGREEMENTS 17. Per the Conditions of Approval for Parcel Map No. 33588, the developer of this Site Development Permit, shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of all on and off -site improvements and satisfy its obligations for same, and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. Execution of the required Subdivision Improvement Agreement shall be completed prior to off -site street improvement plan approval. Pursuant to this condition, the developer shall have off -site street improvement plans approved prior to precise grading plan approval. 332 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 18. Any Subdivision Improvement Agreement ("SIA") entered into by and between the developer and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Site Development Permit and underlying Parcel Map No. 33588, shall comply with the provisions of Chapter 13.28 (Improvement Security), LQMC. 19. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on - site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the developer fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 20. Depending on the timing of the development of the Site Development Permit, and the status of the off -site improvements at the time, the developer may at the discretion of the Public Works Director be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative parcel map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these means, as the City may require. Off -Site Improvements should be completed on a first priority basis. The developer shall complete Off -Site Improvements in the first phase of construction. 333 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 In the event that any of the improvements required for this development are constructed by the City, the developer shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 21. The developer shall submit detailed construction cost estimates for all proposed on - site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the developer's detailed cost estimates. 22. Security will not be required for telephone, natural gas, or Cable T.V. improvements. 23. Should the developer fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 24. The developer shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 25. Prior to occupancy of the project site for any construction, or other purposes, the developer shall obtain a grading permit approved by the City Engineer. 26. To obtain an approved grading permit, the developer shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, 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, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. 334 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 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 developer 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. 27. The developer shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 28. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1 . All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5 ") in the first eighteen inches (18") behind the curb. 29. The developer shall abandon any existing wells within the project boundaries as approved by CVWD and the City Engineer. 30. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative parcel map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 31. Prior to the issuance of a building permit for any building lot, the developer shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. IT. ►vela 32. As the applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, the applicant shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge whic �35 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within the overlying tentative parcel map and this site development permit excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows 33. The applicant shall transport on site and tributary stormwater through underground storm drainage system as approved by the City Engineer. 34. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 35. Nuisance water shall be retained on site. Nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in a trickling sand filter and leach field or equivalent system approved by the City Engineer If discharge of stormwater to the La Quinta Evacuation Channel is not approved by CVWD, then the following shall be applicable to this Site Development Permit. 36. The applicant shall revise proposed retention basins to comply with the provisions of Section 13.24.120 (Drainage), LQMC, Engineering Bulletin No. 97.03. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. Additionally, the 100 year stormwater shall be retained within the interior street right of way. The tributary drainage area shall extend to the centerline of adjacent public streets and include any resulting uncaptured tributary stormwater flows. The design storm shall be either the 3 hour, 6 hour or 24 hour event producing the greatest total run off. Note: If this option is implemented a revised Site Development Permit may be required 37. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 38. For properties where sump conditions exist, the applicant must either define a 336 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 diversion/overflow strategy or retain upstream stormwater as required for existing as - built conditions from all off -site tributary flow from the respective high points. The applicant must provide either on -site retention or alternative facilities of diversion/pass through, if selected. Historical flow paths should be identified and routing provided in the hydrology analysis equivalent to historical flow direction. As local topography allows, tributary areas may exceed limits of property lines adjacent to public roads. The 100-year storm shall be the governing event in the designer's evaluation. 39. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise. 40. Nuisance water shall be retained on site. Nuisance water shall be passed through a prefilter system comparable to the MaxWell Plus Primary Settling Chamber (or equivalent) before being disposed in a trickling sand filter and leach field or equivalent system approved by the City Engineer. A geotechnical study shall confirm the applicability of sand filter use for the development based on the existing soil conditions. The sand filter and leach field or equivalent system shall be designed to contain surges of up to 3 gph/1,000 sq. ft. of landscape area, and infiltrate 5 gpd/1,000 sq. ft. The sand filter and leach field shall be designed to contain nuisance water surges from landscape area, residential unit, and off -site street nuisance water. Flow from adjacent well sites shall be designed for retention area percolation by separate infiltration system approved by the City Engineer. The sand filter design shall be per La Quinta Standard 370 with the equivalent of 137.2 gph of water feed per sand filter to accept the abovementioned nuisance water requirements. Leach line requirements are 1 .108 feet of leach line per gph of flow. 41. No fence or wall shall be constructed around any retention basin unless approved by the Community Development Director and the City Engineer. 42. For on -site common retention basins, retention depth shall be according to Engineering Bulletin 97.03, and side slopes shall not, exceed 3:1 and shall be planted with maintenance free ground cover. 43. Stormwater may not be retained in landscaped parkways or landscaped setback lots Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to Section 9.100.040(B)(7), LQMC. 44. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 337 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 45. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 46. The Applicant is hereby notified that future site modifications may be necessary including, but not limited to lot and street reconfiguration. Verification of the proposed storm water retention system is subject to review and approval by the Coachella Valley Water District. If in the event, the proposed retention capacity or pass through storm water flow is found to be inadequate during final design, the Applicant shall revise what is currently proposed in the preliminary hydrology study and make adjustments to the site layout as needed to accommodate the increased retention/detention or pass through capacity required to satisfy safety issues of the Public Works Department and CVWD. Pursuant to the afore mentioned, the applicant may be required to construct additional underground and aboveground drainage facilities to convey on site and off site stormwater as well as stormwater from adjacent mountainous terrain that historically flows onto and/or through the project site. Any proposed channels that convey stormwater shall be lined to protect against erosion as required by the Public Works Department and CVWD. Note: If this option is implemented a revised Site Development Permit may be required. 11TI I ITI FS 47. The developer shall comply with the provisions of Section 13.24.110 (Utilities), LQMC. 48. The developer shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 49. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 50. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the developer shall comply with trench restoration requirements maintained, or required by the City Engineer. The developer shall provide certified reports of all utility trench compaction for approval by the City Engineer. CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 STREET AND TRAFFIC IMPROVEMENTS 51. The developer shall comply with the provisions of Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development), LQMC for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 52. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Dune Palms Road (Primary Arterial; 1 10' R/W option): Widen the west side of the street along all frontage adjacent to the Site Development Permit boundary to its ultimate width on the west side as specified in the General Plan and the requirements of these conditions. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county -road design standard to La Quinta's urban arterial design standard. The west curb face shall be located forty three feet (43') west of the centerline, except at locations where additional street width is needed to accommodate: a) If necessary, a deceleration/right turn only lane on Dune Palm Road at the Primary Entry to the north. The west curb face shall be located fifty one feet (51') west of the centerline and deceleration length of 250 feet plus a transition length of 150 feet or as approved by the City Engineer. b) If necessary, a deceleration/right turn only lane and combined bus turnout on Dune Palm Road at the Secondary Entry to the south. The west curb face shall be located fifty one feet (51') west of the centerline and deceleration and a transition length from the Primary Entry to the north to the Secondary Entry or as approved by the City Engineer. Other required improvements in the Dune Palms Road right or way and/or adjacent landscape setback area include: c) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. d) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches 339 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. e) An 18 - foot wide raised landscaped median along the entire boundary of the Site Development Permit plus variable width as needed to accommodate a dual left turn for the south bound Dune Palms Road traffic turning left to eastbound Avenue 48. The length shall be 250 feet with a 150-foot taper or as approved by the City Engineer. Additional median openings are required for the following: Dune Palms Road — North bound Traffic Left turn movement into Primary Entry with a minimum length of at least 100 feet plus a 50-foot transition. The length shall be 250 feet with a 150-foot taper or as approved by the City Engineer. The developer shall design the median opening for positive restriction of prohibited movements. Dune Palms Road — South bound Traffic Left turn movements into the existing two south most driveways into Desert Sands Unified District Administrative Complex on the east side of Dune Palms Road located 400' and 1040' north of Avenue 48. The length shall be 250 feet with a 150-foot taper or as approved by the City Engineer. The developer shall design the median opening for positive restriction of prohibited movements. 2) Avenue 48 (Primary Arterial; 1 10' R/W option): No additional widening of Avenue 48 is required along the Site Development Permit boundary, except at locations where additional street width is needed to accommodate: a) A deceleration/right turn only lane on Avenue 48. The north curb face shall be located fifty one feet (51') north of the centerline and deceleration length of 250 feet plus a transition length of 150 feet or as approved by the City Engineer. CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 Other required improvements in the Avenue 48 right or way and/or adjacent landscape setback area include: b) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. c) 8-foot wide meandering sidewalk. The meandering sidewalk shall have an arrhythmic horizontal layout that utilizes concave and convex curves with respect to the curb line that either touches the back of curb or approaches within five feet of the curb at intervals not to exceed 250 feet. The sidewalk curvature radii should vary between 50 and 300 feet and at each point of reverse curvature, the radius should change to assist in creating the arrhythmic layout. The sidewalk shall meander into the landscape setback lot and approach within 5 feet of the perimeter wall at intervals not to exceed 250 feet. The developer shall extend improvements beyond the site development permit boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). Reimbursement for any improvements which are eligible for reimbursement from the City's Development Impact Fee fund shall be in accordance with policies established for that program. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes and other features shown on the approved construction plans, may require additional street widths as may be determined by the City Engineer. B. INTERNAL STREETS 1) Construct internal streets per the approved Site Development Permit Preliminary Grading Exhibit and as approved by the City Engineer. On - street parking shall be prohibited except in designated parking stall areas. The applicant shall make provisions for perpetual enforcement of the No Parking restrictions. 2) All way stop conditions shall be implemented at the first and third internal street intersection off of Avenue 48. 53. The developer shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: 41 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 Residential Streets/Parking Lot (Low Traffic Areas) 3.0" a.c./4.5" c.a.b. Parking Lot (High Traffic Areas) 4.5" a.c /5.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials. 54. The developer 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 developer shall not schedule construction operations until mix designs are approved. 55. General access points and turning movements of traffic are limited to the following: A. Dune Palms Road Primary Entry (north entry): Right turn in, right turn out and left turn in movements are permitted. Left turn out movement is prohibited. The developer shall design the median opening for positive restriction of prohibited movements. Secondary Entry (south entry): Right turn in and right turn out movements are permitted. Left turn in and left turn out movements are prohibited. All right -turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. B. Avenue 48 Primary Entry: Right turn in and right turn out movements are permitted. Left turn in and out movement is prohibited. All right -turn -out only driveways shall have a splitter median island located in the driveway throat that adequately channelizes the exiting right -turn vehicles turning onto the arterial street to eliminate illegal left turns. The splitter island shall be designed in conformance with design concepts approved by the City Engineer. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 3 4 2 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 56. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 57. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. ADA accessibility routes between opposite Handicap Stalls shall be a minimum of 4 feet. C. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. D. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. CONSTRUCTION 58. The City will conduct final inspections of habitable buildings only when the buildings have access to publicly -maintained streets. The improvements shall include required traffic control devices, pavement markings and signage. LANDSCAPING 59. The developer shall comply with Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans), LQMC. 60. The developer shall provide landscaping in the required setbacks, retention basins, common lots and parking areas. 61. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 62. The developer shall submit the landscape plans for approval by the Community Development Department (CDD), prior to plan checking by the Public Works Department. When plan checking has been completed by CDD, the developer shah CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the City Engineer. NOTE: Plans are not approved for construction until signed by the City Engineer. 63. Landscape areas shall have permanent irrigation improvements meeting the requirements of the City Engineer. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 18 inches of curbs along public streets. QUALITY ASSURANCE 64. The developer shall employ construction quality -assurance measures that meet with the approval of the City Engineer. 65. The developer shall employ, or retain, qualified engineers, surveyors, and such 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. 66. The developer shall arrange for, and bear the cost of, all measurements, sampling and testing procedures not included in the City's inspection program, but which may be required by the City, as evidence that the construction materials and methods employed comply with the plans, specifications and other applicable regulations. 67. Upon completion of construction, the developer 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 developer shall have all AutoCAD or raster -image files previously submitted to the City, revised to reflect the as -built conditions. MAINTENANCE 68. The developer shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 69. The developer shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 70. The developer shall comply with the provisions of Section 13.24.180 (Fees and 344 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the developer makes application for plan check and permits. 71. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE 72. Prior to issuance of a grading permit, applicant shall submit a revised landscape plan, for the Architectural and Landscaping Review Committee review and Planning Commission approval, as a business item that includes plant quantities and plant locations as well as material and color details for the enhanced paving and wall designs. Prior to issuance of a grading permit, applicant shall submit for Planning Commission approval as a business item a revised landscape plan that identifies all trees be a minimum 1.5 inch caliper and a 36 inch box, all trees proposed within 150 feet of the Avenue 48 frontage shall be a minimum 48 inch box, and add additional hedges and trees to fully screen from each view along the west property line. The applicant shall work with the Watercolors developer to coordinate landscaping, walls and applicable easements along the west property line of the subject property. 73. Prior to issuance of a grading permit, applicant shall submit for staff approval a revised Site Plan creating a traffic calming "choker" design curbing or a speed table along the main driveway, and add a high quality pedestrian access to Dune Palms Road next to the CVWD well site to be approved by the Public Works Department. COMMUNITY DEVELOPMENT 74. Prior to issuance of a building permit applicant shall submit, to the Community Development Director to approve for constuction or defer the design decision to the Planning Commission for approval as a business item, a revised Architectural Plans and a revised Site Plan for residential units and carports. 75. Prior to issuance of a grading permit, applicant shall submit to the Community Development Director for approval an additional site section that identifies the relationship of the proposed grade to the proposed perimeter wall finished grade and wall height, the parking lot elevation, and the proposed pad height of the proposed "B" building. 76. Prior to issuance of a building permit, applicant shall submit a Parking Management Plan for the project for approval by the Community Development Director that includes but not limited to: verification of vehicle registration, assignment of 345 CITY COUNCIL RESOLUTION 2006- CONDITIONS OF APPROVAL - RECOMMENDED SITE DEVELOPMENT PERMIT 2006-857 COACHELLA VALLEY HOUSING COALITION ADOPTED: APRIL 4, 2006 designated parking locations, and parking limitations and restrictions. 77. The project shall comply with all terms and conditions incorporated into the Disposition and Development Agreement regarding project operation, maintenance, rental programs, and all other terms for the life of the project. In the event of a conflict between these Conditions of Approval and the Disposition and Development Agreement, the DDA shall prevail. 346 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE COACHELLA VALLEY HOUSING AUTHORITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF AVENUE 48 AND DUNE PALMS WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("'CRL"); and WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta ("City" or "City Council," as applicable) approved and adopted the Redevelopment Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16, 1989, by Ordinance No. 139; and WHEREAS, a fundamental purpose of the CRL is to expand the supply of low- and moderate -income housing (Health & Saf. Code, § 33071); and WHEREAS, the Agency staff has negotiated an Affordable Housing Agreement ("Agreement") with the Coachella Valley Housing Authority, a non-profit California corporation ("Developer"), pursuant to which (i) the Agency is to convey to the Developer certain real property located within the Project Area ("Property") for One Dollar ($1.00) for the Developer's subsequent development thereon of a Two Hundred Eighteen (218) unit multi -family affordable housing development restricted for rental to and occupancy by persons and families of very low income (i.e., persons and families whose income does not exceed 50% of the median income for Riverside County) at rent levels affordable to such persons (the "Project"); (ii) the Agency is to reimburse the Developer, in an amount up to but not exceeding Thirty Million One Hundred Fifty Three Thousand Four Hundred Thirty Five Dollars ($30,153,435), from the Agency's Low and Moderate Income Housing Fund ("Housing Fund"), for engineering, architectural, planning and development costs (the "Agency Assistance"), all as more particular described in the Agreement; and WHEREAS, pursuant to the Agreement, Developer, as a condition to Agency's provision of the Agency Assistance, shall record against the Property an Agency Regulatory Agreement and Declaration of Covenants and Restrictions that restricts the use of the Property, for a period of fifty-five (55) years, as an affordable rental housing project; and 882/015610-0047 347 697837.02 a03/31/06 WHEREAS, Health and Safety Code Section 33433 requires that the Agency prepare a Summary Report to consider the Agency's proposed financial contribution to the Project as set forth in the Agreement, that the Agency Board and the City Council conduct a noticed joint public hearing with respect to the Agreement, and that the approval of the Agreement be accompanied by certain findings and determinations as set forth herein; and WHEREAS, a Summary Report for the Agreement has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the City Council and the Redevelopment Agency have considered all the information and evidence set forth in the Summary Report presented by the City/Agency staff and presented by persons wishing to appear and be heard concerning the impact of the Agreement on the Project Area and the City as a whole; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the City Council hereby determines that the Agency's financial contribution pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: 1 . That the above recitals are true and correct and incorporated herein. 2. That the City Council resolves as follows: a. The Agreement effectuates the purposes of the Community Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the Redevelopment Plan and is in the best interests of the citizens of the City of La Quinta. b. The Agency's sale of the real property identified herein will provide housing for very low income persons and is consistent with the Agency's Five -Year Implementation Plan, based on the findings and conclusions of the Summary Report, which is incorporated herein. C. The consideration the Developer will pay for the real property to be conveyed by the Agency is not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the sale, based on the findings and conclusions of the Summary Report. 882/015610-0047 697837.02 a03/31/06 -2348 3. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency counsel to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the Agency. 4. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents, including but not limited to subordination agreements and escrow instructions that require the Agency's signature, and (ii) take such other and further actions, as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of La Quinta held this 4th day of April, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: JUNE S. GREEK, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 882/015610-0047 _ 349 697837.02 a03/31/06 -� ATTACHMENT 1 0 AU ��o ATTACHMENT 4 Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G, Plaza 1, Indio, CA 92201 TEL: (760) 347-3157 F A: (760) 342-6466 March 24, 2006 Mr. Doug Evans Community Development Director City of La Quinta 78-495 Calle Tampico La Quinta CA. 92247 RE: Reduction of parking requirements, Dune Palms Affordable Apartments Dear Mr. Evans: We are respectfully requesting the City to consider our request adjusting the number of required parking spaces for the La Quinta Dune Palms apartment complex to 1.5 plus .5 guest spaces per unit. Location of amenities, proximity to mass transit and socio- economic factors all point to a decreased need in parking spaces for affordable housing at La Quinta Dune Palms. Historically affordable housing complexes, as a whole, generally have a lower need for parking than market rate housing. This is due in part to higher income households owning significantly more vehicles than lower income households. As you are aware, other cities have recognized this lower demand in lower income facilities. The City of Los Angeles, for example, requires 25% fewer spaces per unit for restricted affordable housing and 50% less for affordable units within 1,500 feet of mass transit. La Quinta Dune Palms is located approximately 1,000 feet from the nearest SunBus stop, on Highway 111, the main artery of service and pickup is every 30 minutes at this location. Mass transit is close, frequent and well-connected for residents and will further decrease the need for private vehicle ownership and the number of required parking spaces. The proximity to the SunBus System provides a frequent and reliable means of transportation to work. School buses will stop at La Quinta Dune Palms, eliminating an obligation for parents to provide transportation and extra parking needs. Groceries, pharmacy, home products, clothing and dining are all located at an easy walking distance in the commercial areas directly adjacent to the apartment complex. The guiding principle of this housing development is to provide a walk able community that combines retail and services in close proximity to reduce the need and use of cars. www.evhe.orQ 3 "51 The complex's location is a substantial resource in reducing the number of car trips per day and therefore the required number of parking spaces. In addition, based on typical affordable housing development costs, one parking space per unit increases costs by 12 to 18%; two parking spaces per unit increase costs by about 25%. The money spent on creating parking reduces the funding available to create more housing and uses space that could otherwise provide neighborhood services and make streets more active and vibrant. The following documentation is a parking study that was performed at the Coyote Run I Family Apartment in Palm Springs consisting of 160 low income units. This survey was performed to quantify the actual number of cars in that complex over a period of ten days (February 27 — March 8, 2002) at three times during each day (7AM, 1 PM and 7PM). The survey presents some interesting data: the highest number of cars was on a Tuesday evening (74% of the required spaces); the two lowest evening numbers occur on Friday and Saturday at approximately 53%. The median was near 60%. This data clearly showed that a 10% reduction was justified since the maximum capacity only reached 75% of the required number of spaces. Management practices include verification of vehicle registration, assignment of designated parking locations, and the restriction of one car per unit. Please let me know if you have any questions or would like any further information. Sincerely, John F. Mealey Executive Director www.Mmorg ry J 72 r I ti SCHWARTZ March 27, 2006 City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 RE: Specific Plan 2006-078 Site Development Permit 2006-857 Parcel 4 of Parcel iviap 33588 Dear Sir/Madam: ECATTA('N9 NT5 D CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT We are in receipt of your Notice of Public Hearing regarding the above captioned project. We are against this project being approved for the following reasons. The City of La Quinta has experienced enormous growth in the past several years. This has caused an increase in crime making it unsafe for many of our residents to go about their everyday lives. Building a low income apartment complex will only serve to increase the already out of control crime occurring in our community. Although unfortunate, it is a fact that low income housing does attract an element prone to behavior not in keeping with oar community standards Also, as a resident of Rancho La Quinta Country Club, the location proposed for this project is especially troublesome, as most experts agree, it could affect property values. The City has already constructed one apartment complex this past year on Avenue 48 and Adams. This rapid growth has not been thoroughly considered and presents a number of ensuing problems which reflects adversely on the tax paying residents. In addition, the traffic problems on Avenue 48 are already difficult at best. This is .evidenced by the cameras now placed on most traffic lights in our area in an effort to curb the number of people running red lights. Adding 225 more families on the street does nothing to further this cause. It is being said that the once "quaint, paradise -like" atmosphere of our City is quickly become extinct. It is rapidly becoming a little Los Angeles. Is this really what we want our city to become? Regards, (t Willia/m &&imberly Sch tz -Schwartz ---- -- — - -- -- ---- ------ -- ---- -- ---- — --- — P.O. BOX 1260, LA QUINTA, CA 92247 TELEPHONE (760) 771-4165 • FAX (760) 771-3935 • 363 E-MAIL: KCHWARTZ@SCHWARTZ-CO.COM ATTACHMENT 6 SUMMARY REPORT Affordable Housing Agreement La Quinta Redevelopment Agency And Coachella Valley Housing Coalition March 24, 2006 INTRODUCTION This document is the Summary Report ("Report") for the Affordable Housing Agreement ("Agreement") by and between the La Quinta Redevelopment Agency ("Agency") and the Coachella Valley Housing Coalition ("Developer"). The Agreement facilitates the development and operation of a 218-unit multi -family residential complex ("Development"). The Development will be constructed on a 14.3 acre property located northwest of the intersection of Dune Palms Road and Avenue 48 ("Site"). The Agreement provides that the Agency will sell the Site to the Developer, and provide additional funding to underwrite some of the design and construction costs. In doing so, the unit rents will be affordable to very low and moderate income households. This Report has been prepared pursuant to Section 33433 of the California Community Redevelopment Law ("Redevelopment Law") and presents the following: ■ A summary of the proposed Development. ■ The cost of the Agreement to the Agency. ■ The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. ■ The estimated value of the interest to be conveyed, determined at the use with the conditions, covenants, and development costs required by the Agreement. ■ An explanation of why the sale or lease of the property pursuant to the Agreement will assist in the elimination of blight. THE DEVELOPMENT City and Agency Housing Mandates Both the City of La Quinta ("City") and the Agency are mandated by the State of California to continually seek opportunities that increase and improve the supply of housing affordable to very low, low and moderate income households. State Planning Laws mandate that the City pursue a housing mix that accommodates both local and regional housing demand for affordable dwellings. The Redevelopment Law provides that the Agency insure that a minimum of 15% of all new and rehabilitated dwellings within the Project Area be affordable to very low, low and moderate income households, and of these, at least 40% must be affordable to very 64 CVHCpubhearC1TYrpt4APR06 (2).doc low income households. If these dwellings are owner occupied, they must remain affordable for 45 years and if they are tenant occupied, they must remain affordable for 55 years. The Site The Agency acquired the site in 2004. The property is located in Project Area Number 2, and was formerly used as a skeet shooting range. At the time of purchase, the Site had returned to a natural desert landscape of sand dunes with little vegetation and had one existing building - an abandoned residential structure in very poor condition. Project Description The property is zoned Regional Commercial, which allows for high density residential housing with an affordable component if it is located more than 600 feet south of Highway 111. The Site is 1,450 feet south of Highway 111. As the site is over ten acres in size, a Specific Plan has been prepared for the property in compliance with La Quinta Zoning Code Section 9.70.030. The Specific Plan establishes the development standards for the property. The Developer retained Interactive Design Studio as the architecture firm to design the development. The site plan proposes that 218 rental units will be constructed, in a series of 22 buildings, all with complementary designs. Building sizes range from one to three stories in height. The units will be a mix of one, two, three, and four bedroom apartments to meet the needs of various family sizes. Within 150 feet of Dune Palms Road and Avenue 48, buildings will be a maximum of 28 feet tall. Three story buildings will be a maximum of 40 feet tall. The entire site will be lowered below the natural grade to minimize height impacts. Sufficient parking is provided in garages, surface lots, carports, and subterranean parking under the central three- story buildings. All buildings have a Mission Revival style, much like the early 20th Century architecture of California, which is influenced by both the Spanish Mission Style and Spanish Colonial Revival Style. The use of this vernacular, particularly throughout Southern California, has established both a dignified and familiar form which appeals to most users. Characteristics include off-white hand -trowel led and textured walls, red tile roofs, balconies and courtyard areas, rounded corners, and tile accents. Affordable Housing Mix The Developer will be using 4% tax credit financing to fund a portion of the total design and construction costs. In order to qualify for this financing, the housing costs will be affordable to very low and moderate income households. The dwellings will remain affordable to said households for 55 years. Two hundred and sixteen of the 218 units will be affordable to very low income households, and two manager units will be affordable to moderate income households. Very low income households are those that make 50% or less of the Riverside County median income; moderate income households are those that make less than 120% of the County median income. The 2005 household income limits for Riverside County (the 2006 household 365 CVHCpubhearCITYrpt4APR06 (2).doc incomes have not yet been released) define a very low income, two person household as one that annually earns up to $22,250 and a five person household as one that earns up to $30,050. A moderate income two person household is defined as one that annually earns up to $53,450. THE COST OF THE AGREEMENT TO THE AGENCY The total cost of the Agreement to the Agency will be $33,628,331 exclusive of interest accrued in bond financing. To date the Agency has expended $7,474,896 in land acquisition costs, and the Agreement provides that the Agency would fund an additional $26,153,435 in development expenses. The Agency secured the development funding in tax allocation bonds (funded by Agency Housing Fund revenue) to underwrite some of the Agency's obligations. These costs are detailed as follows. Property Acquisition In 2004, the Agency purchased 27.75 acres on Dune Palms Road, south of Highway 111 for $12.00 per square foot of land area. The Site accounts for slightly more than half of the original amount of land purchased. Approximately 22,500 square feet will be dedicated for use as a well site for the Coachella Valley Water District. The Agency's purchase price for the Site was therefore $7,474,896. Site Planning and Preparation The Developer projects a total development cost, not including land, of $75,155,298 or $344,749 per unit. The sources of development funds are: $33,707,163 from 4% Tax Credit Investor Funds, $10,000,000 from MHP low interest loan (0.4%), $3,994,700 first trust deed mortgage paid by rent income, $1,300,000 deferred development fee/equity, and $26,153,435 from Agency funds. The Developer has requested that the Agency approve an additional $4,000,000 in funds as a cushion for rapidly rising construction costs. Source and Cost of Agency Funds The Agency is using 2004 tax allocation bond proceeds to fund its obligations pursuant to the Agreement. The cost to the Agency for the acquisition of the Site was $7,474,896. The Agreement contemplates that up to $26,153,435 in bond proceeds will be provided to Developer for development costs. The total interest paid on the bond proceeds (over the 30 year terms of the respective bond issues) is $31,407,277. The total cost of the Agreement to the Agency is $65,085,912 (all bond payments are made by the Housing Fund). The Agreement requires the Developer to execute a promissory note in the amount of $26,153,435. The note requires the Developer to make annual payments to the Agency out of the Developer's residual receipts of operating the project. Repayment of the note will be secured by a deed of trust to be recorded against the Site at the close of escrow. ESTIMATED VALUE OF INTEREST TO BE CONVEYED Based on recent sales comparisons, the value of the Site is $15.50 per square foot. CVHCpubhearCITYrpt4APR06 (2).doc 366 ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED DETERMINED AT THE USE AND WITH THE CONDITIONS COVENANTS AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The Agency is selling the land to the Developer for $1.00 due to the restricted nature of the land use. The total cost (not including land cost) to develop the project is anticipated to be $75,155,298. As an affordable housing development, rent income generates only $3,994,700. Therefore, to satisfy Redevelopment Law requirements and to achieve the City's affordable housing goals with the development of this project, including the 55-year rental restrictions, the value of the site is $1.00. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The conveyance of the Site and construction of the Development will assist in the elimination of blight within the Project Area by increasing and improving the supply of affordable housing. The Development will provide 218 housing units that are affordable to very low or moderate income residents. The Development is listed in the Agency's 2005 Five Year Implementation Plan. The Agreement will be the subject of a joint public hearing of the Agency and the City Council on April 4, 2006, at 7:00 pm or thereafter in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California. CVHCpubhearCITYrpt4APR06 (2).doc wi C ATTACHMENT 7 DRAFT AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY "ol COACHELLA VALLEY HOUSING COALITION 882;015610-0047 692595 01 a0l;24-06 3 8 TABLE OF CONTENTS Pa e I. [100] SUBJECT OF AGREEMENT............................................................................... l A. [ 101 ] Purpose of Agreement................................................................................ I B. [102] The Redevelopment Plan........................................................................... I C. [103] The Project Area.........................................................................................I D. [104] The Site ....................................... ............ I E. [105] Parties to the .Agreement............................................................................ 2 1. [ i 06] The Agency.................................................................................... 2 2. [ 107] The Developer F. [108] Definitions..................................................................................................2 1. [109] Prohibition Against Change in Ownership, Management and Control of Developer and Prohibition Against Transfer of theSite......................................................................................................6 G. [110] Representations by the Developer ...................... .................. I ..................... 7 H. [ 111 ] Representations by the Agency.................................................................. 8 if. [200] FINANCING........................................................................................................10 I . [201 ] Agency Development Loan..........................................................10 2. [202] Other Developer Financing for the Project..................................10 3. [203] Agency MHP Gap Loan............................................................... I I B. [§204] Evidence of Financing............................................................................12 1. [205] Financial Evidence......................................................... ...........12 C. [206] Acquisition of the Site; Purchase Price....................................................13 D. [207] Escrow......................................................................................................13 E. [208] Conveyance of Title and Delivery of Possession.....................................15 F. [209] Conditions to Close of Escrow.................................................................15 1. [210] Agency's Conditions to Closing..................................................15 2. [211 ] Developer's Conditions to Closing..............................................16 3. [212] Waiver ......................................................................................16 4. [213] Failure of Conditions Precedent; Tennination ............................. 17 G. [214] Condition of Title........ ...... I .......... ... I ............................. I .................. I ....... 17 H. [215] Title Insurance..........................................................................................18 I. [216] Taxes and Assessments............................................................................18 J. [217] Conveyance Free of Possession...............................................................19 K. [218] Inspections; Condition of Site..................................................................19 1. [219] Inspections....................................................................................19 2. [720] "As Is"..........................................................................................19 3. [221 ] Indemnity.....................................................................................19 4. [222] Release and Waiver......................................................................20 5. [223] Definitions....................................................................................20 6. [224] Materiality...................................................................................21 L. [225] Preliminary Work by the Developer........................................................21 III. [300] DEVELOPMENT OF THE SITE ........................................................................ 882; 015610-0047 692595 01 a03.124/06 -1- 369 Pap,e A. [301] Development of the Site...........................................................................22 1. 302 Scope of Development ' 2. [303] Plans, Drawings, and Related Documents...................................22 3. [304] Review and Approval of Plans, Drawings, and Related Documents.............................................................................................. 22 4. [305] Project Entitlements.....................................................................23 5. [306] Cost of Development ................. 6. [307] Construction Schedule..................................................................24 7. [308] Indemnity; Insurance Requirements.............................................24 8. [309] City and Other Governmental Agency Pen -nits ............................ 26 9. [310] Rights of Access........................................................................... 26 10. [311 ] Local, State and Federal Laws ..................................................... 26 11. [312] Anti-Discrimination..................................................................... 26 12. [313] Taxes and Assessments............................................................—.2 7 13. [314] Right of the Agency to Satisfy Other Liens on the Site AfterTitle Passes.................................................................................... 27 14. [315] Release of Construction Covenants... ................. I ......... I...............27 15. [316] Limitation on Encumbrances 16. [317] Holder Not ...................... 28 Obligated to Construct Improvements 17. [318] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure ................................................. - 18. [319] Failure of Holder to Complete Improvements ............................. 29 19. [320] Right of Agency to Cure Mortgage, Deed of Trust or Other Security Interest Default............................................................... 29 IV. [400] USE OF THE SITE.............................................................................................. 30 A. [401] Affordable Housing..................................................................................30 B. [402] Uses In Accordance with Redevelopment Plan; Nondiscrimination............................................................................................... 30 C. [403] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction...................................................31 D. [404] Maintenance of the Site.. ......................................................... ............ 3 1 V. [500] DEFAULTS AND REMEDIES...........................................................................32 A. [501 ] Defaults -- General................................................................................... 32 B. [502] Legal Actions...........................................................................................32 1. [503] Specific Performance...................................................................32 2. [504] Institution of Legal Actions; Attorney's Fees..............................32 3. [505] Applicable Law............................................................................33 4. [506] Acceptance of Service of Process................................................33 C. [507] Rights and Remedies Are Cumulative.....................................................33 D. [508] Inaction Not a Waiver of Default.............................................................33 E. [509] Tennination..............................................................................................33 1. [510] Termination by the Developer......................................................33 2. [511 ] Termination by the Agency.......................................................... 34 F. [512] Option Agreement....... ........ I ..................... 11.1 .................. ........................ 34 8821E0156I U-0047 692595.01 a0 24r06 -il- 370 VI Page G. [5131 Right of Reverter........................................................................I.............34 H. [514] Agency's Option to Acquire Plans...........................................................35 [6001 GENERAL PROVISIONS...................................................................................35 A. [6011 Notices, Demands and Communications Between Parties ....................... 35 B. [602] Conflicts of Interest..................................................................................35 C. [603] Enforced Delay; Extension of Times of Performance ............................. 36 D. [604] Non -Liability of Officials and Employees of the Agency ....................... 36 E. [6051 Interpretation; Entire Agreement, Waivers; Attachments ........................36 F. [6061 Time of Essence....................................................................................... 37 G. [607] No Brokers...............................................................................................37 H. [608] Maintenance of Books and Records......................................................... 37 I. [609] Right to Inspect........................................................................................37 J. [6101 Binding Effect of Agreement................................................................... 37 K. [611 ] Severability............................................................................................... 37 L. [612] Counterparts.............................................................................................37 M. [6131 Amendments to this Agreement............................................................... 38 ATTACHMENTS 1 2 3 4 5 6 7 S 9 10 11 12 13 Site Map Legal Description Scope of Development Schedule of Perfonmance Grant Deed Agency Note Agency Deed of Trust Option Agreement Agency Regulatory Agreement and Declaration of Covenants and Restrictions Release of Construction Covenants Memorandum of Affordable Housing Agreement Project Budget Project Proforma 382 O 15610-0047 i 692595.0! a03 24 06 —lll— DRAFT AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is entered into as of the day of , 2006 ("Effective Date") by and between LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the ``Agency") and COACHELLA VALLEY HOUSING COALITION, a California non-profit public benefit corporation (the "Developer"). The Agency and the Developer (collectively referred to as the "Parties") hereby agree as follows: 1. { 1001; N. 1- 01 P«�iSC of _AgrceniciAi The purpose of this Agreement is to effectuate the Redevelopment Plan for the La Quinta Redevelopment Project Area No. 2 (the "Project Area") by providing for the improvement of certain property situated within the Project Area, by assisting in the financing of the development on the "Site" (as hereinafter defined) of an affordable rental housing development, consisting of not less than two hundred eighteen (218) residential dwelling units restricted for rental and occupancy by Eligible Tenants at an Affordable Rent, and related improvements (collectively the "Project"). As used herein, the term "Unit" refers to each of the 218 rental dwelling units, and the term "Units" refers to all of the 218 rental dwelling units. The Units are subject to the Agency Regulatory Agreement. The Agency financial assistance in this Agreement shall be utilized to effectuate a portion of the Agency's overall affordable housing program pursuant to the requirements of California Health and Safety Code Section 33334.2 to expend twenty percent (20%) of its increment funds to improve, increase and preserve the community's supply of low- and moderate -income housing. The conveyance to Developer and development of the Site and the occupancy of the affordable rental housing project as developed for households of limited incomes, all as provided in this Agreement, are in the vital and best interests of the City of La Quinta (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. B. 1 1 ? If The: Rcdevelt pment Plati This Agreement is subject to the provisions of the Redevelopment Plan for the Project Area (the "Redevelopment Plan") which was approved and adopted by Ordinance No. 139 of the City Council of the City of La Quinta on the 16th day of May, 1989. Said ordinance and. Redevelopment Plan are fully incorporated herein by reference. Any amendment hereafter to the Redevelopment Plan (as so approved and adopted) which changes the uses or development permitted on the Site as proposed in this Agreement, or othenvise changes the restrictions or controls that apply to the Site, or otherwise affects the Developer's obligations or rights with respect to the Site, shall not apply to the Site without the written consent of the Developer. Amendments to the Redevelopment Plan applying to other property in the Project Area shall not require the consent of the Developer. 882, 015610-0047 a 1 692595.01 A3724 06 DRAFT 10) € _I h.e f'ro e t Area The Project Area is located in the City and is generally bounded by Washington Street, the northern corporate boundary, Jefferson Street and Avenue 50. The exact boundaries are as set out in the Redevelopment Plan. D. il (14 k The; Site The "Site" is currently owned by the Agency and consists of approximately 16.3 acres of that certain real property located northwest of the intersection of Avenue 48th and Dune Palms Road within the Project Area in the City of La Quinta, County of Riverside. The Site is depicted on the Site Map, which is attached hereto and incorporated herein as Attachment No. 1. The legal description of the Site is provided on Attachment No. 2, which is attached hereto and incorporated herein by this reference. The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health & Safety Code § 33000 et seq. ). The principal office of the Agency is located at 78-495 Calle Tampico, La Quinta, California 92253, or such other address as Agency shall hereafter designate in writing to Developer. "Agency as used in this Agreement, includes the La Quinta Redevelopment Agency and any and all assignees of or successors to its rights, powers and responsibilities. The Developer is Coachella Valley Housing Coalition, a California non-profit public benefit corporation. The principal office and mailing address of the Developer for purposes of this Agreement is 45-701 Monroe Street, Suite G, Plaza 1, Indio CA 92201, By executing this Agreement, each person signing on behalf of the Developer warrants and represents to the Agency that the Developer has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Developer have been obtained, and that the person or persons executing this Agreement on behalf of the Developer are fully authorized to do so. Whenever the term "Developer" is used in this Agreement, such term shall include any and all nominees, assignees, or successors in interest as herein provided. i�-. i hits;; DefinitiOrls. "35% Very Low Income Household" shall mean a household whose annual income does not exceed thirty-five percent (35%) of AMI. ssz-o 1 5610-0047 _�— '? t 3 692595.01 a03i24,'06 "' .t DRAFT "40% Very Low Income Household" shall mean a household whose annual income does not exceed forty percent (40%) of AMI. "Affordable Rent" shall mean the amount of monthly rent, including a reasonable utility allowance, that does not exceed the lesser of a maximum allowable rent to be charged by Developer and paid by Very Low Income Households, 35% Very Low Income Households, or 40% Very Low Income Households, as the case may be, occupying the Units as determined pursuant to (i) the Tax Credit Regulatory Agreement, (ii) Health and Safety Code Section 50053(b), as of the Effective Date, and the regulations promulgated pursuant to or incorporated therein, including, without limitation., any applicable regulations promulgated pursuant to Health and Safety Code Section 50093, (iii) applicable regulations pursuant to any other source of financing secured for, and containing to be secured by, the Project, or (iv) if applicable, any effective Section 8 Program regulations as to any Unit designated as a project -based Section 8 Unit or otherwise occupied by a holder of a Rental Voucher or Rental Certificate evidencing participation in the Section 8 Program. The tenant utility allowance shall be determined by the Executive Director. "Agency Deed of Trust" shall mean that certain Deed of Trust With Assignment of Rents to secure the Agency Note and Developer's performance of its obligations under the Agency Regulatory Agreement, in the form attached hereto and incorporated herein as Attachment No. 7. "Agency Development Loan" shall mean the loan by Agency to Developer from Agency's Low and Moderate Income Housing Fund in the amount set forth in Section 201, for the purposes of constructing the Project on the Site. "Agency Financial Assistance" shall mean the sum of the Agency Development Loan and the Agency MHP Gap Loan. "Agency MHP Crap Loan" shall have the meaning ascribed in Section 203 hereof. "Agency Note" shall mean that certain promissory note, in the form attached hereto and incorporated herein as Attachment No. 6, in favor of Agency, evidencing the loan by Agency to Developer. "Agency Regulatory Agreement" shall mean that certain Regulatory Agreement and Declaration of Covenants and Restrictions, in the form attached hereto and incorporated herein as Attachment No. 9. ``Agency's Conditions to Closing" shall have the meaning ascribed in Section 210. "AMI" shall mean the median family income (adjusted for family size) for the Riverside County area promulgated and published annually by the California Department of Housing and Community Development ("HCD") pursuant to Title 25, Section 6932 of the California Code of Regulations. If HCD ceases annualy to publish median incomes, the parties will agree upon an adequate substitute manner for determining Area -Wide Median Income. Sg2:o15610-0047 691_595,01 a03 241,06 -3- DRAFT "Annual Financial Statement" shall mean the financial statements prepared by Developer for each calendar year, including a balance sheet, income statement, statement of retained earnings, statement of cash flow, and footnotes thereto, prepared in accordance with generally accepted accounting principals consistently applied, as audited by an independent certified public accountant. "Agency Title Policy" shall have the meaning ascribed in Section 215 hereof. "CEQA" shall mean the California Environmental Quality Act, Public Resources Code Section 21000 et seg., as amended. "City" shall mean the City of La Quinta, a municipal corporation, having its offices at 78-495 Calle Tampico, La Quinta, CA 92253. The City is not a party to this Agreement and shall have no obligations hereunder. "Close of Escrow" shall have the meaning ascribed in Section 207 hereof. "Days" shall mean calendar days and the statement of any time period herein shall be calendar days, and not business days, unless otherwise specified. "Developers' Conditions to Closing" shall have the meaning ascribed in Section "Developer Title Policy" shall have the meaning ascribed in Section 215 hereof. "Effective Date" shall mean the later of the dates this Agreement is executed on behalf of Agency and Developer. "Eligible Tenant" shall mean a household which qualifies as a Very Low Income Household, a 40% AMI Very Low Income Household, or a 35% AMI Very Low Income Household. "Escrow" shall have the meaning ascribed in Section 207 hereof. "Escrow Agent" shall have the meaning ascribed in Section 207 hereof. "Evidence of Financing" shall have the meaning ascribed in Section 205 hereof. "Executive Director" shall mean the individual duly appointed to the position of Executive Director of Agency, or his or her authorized designee. Whenever an administrative action is required by Agency to implement the terms of this Agreement, the Agency Executive Director, or his or her authorized designee, shall have authority to act on behalf of Agency, except with respect to matters reserved for Agency Board determination. "Grant Deed" shall have the meaning ascribed in Section 206 hereof. "Hazardous Materials" shall have the meaning ascribed in Section 223 hereof "MHP Loan" shall have the meaning ascribed in Section 202 hereof. k8"Ui56iC3-Q 47 -4_ 19-1545.01 j03 24:t;6 375 DRAFT "Option Agreement" shall have the meaning ascribed in Section 512 hereof. -Outside Closing Date" shall mean , 2006. `'Project" shall mean the construction on the Site of an affordable rental housing complex with not less than two hundred eighteen (218) units restricted for rental to and occupancy by Eligible 'Tenants, and related interior and exterior improvements, including, but not limited to, a community center and a child day care center. The Project is more particularly described in the Scope of Development attached hereto and incorporated herein as Attachment No. 3. "Project Budget" shall mean that certain budget referred to in Section 205 of this Agreement and attached hereto as Attachment No. 12 which is incorporated herein by this reference, which budget may not be materially changed without the prior approval of the Agency Executive Director, which approval shall not be unreasonably withheld (a material change is one or more change(s) that causes the total Project cost to increase or decrease by a cumulative amount of two percent (2%) or more from what is shown in Attachment No. I I "Project Proforma" shall mean the financial information referred to in Section 205 of this Agreement and attached hereto and incorporated herein as Attachment No. 13 and is Developer's best estimate of the costs to develop the Project and costs of ongoing operations based on the information available to Developer as of the Effective Date. The Project Proforma shall not undergo material change without the prior approval of Agency's Executive Director, which approval shall not be unreasonably withheld (a material change is one or more change(s) that causes the Net Operating Income as shown on Project Proforma to increase or decrease by a cumulative amount of two percent (2%) or more from what is shown in Attachment No. 13. "Purchase Price" shall have the meaning ascribed in Section 206 hereof. "Qualified Tax Credit Investor" shall mean a person or entity who (i) is an experienced limited partner and investor in multifamily housing developments receiving low income housing tax credits issued by the State of California or the United Stated federal government and (ii) has obtained or is contractually obligated to obtain a limited partnership or limited liability company membership interest in the Project whereby it will receive 90 percent or more of the Tax Credits obtained in connection with the Project. Agency shall have the right to reasonable prior approval of the identity of the Qualified Tax Credit Investor and of the terms and conditions of the limited partnership agreement or other agreement specifying the terms and conditions, including but not limited to terms and conditions concerning timing and amounts of cash contributions toward Project development costs in return for an interest in the Project and the right to receive Tax Credits. "Release of Construction Covenants" shall mean that certain Release of Construction Covenants, in the form attached hereto and incorporated herein as Attachment No. 10. "Schedule of Performance" shall mean that certain Schedule attached hereto and incorporated herein as Attachment No. 4. M10 156 ! ©-0047 _ 692595s01 at73;?=1:"fib —� DRAFT "Tax Credit Program" shall mean the low-income housing tax credit program authorized pursuant to Internal Revenue Code Section 42, California Health and Safety Code Sections 50199.6-50199.19, Revenue and Taxation Code Sections 17057.5, 17058, 23610.4, 23610.5, and applicable federal and State regulations such as 4 California Administrative Code Sections 10300-10340. "Tax Credits" shall refer to the low income housing tax credits granted by TCAC for the Project pursuant to Section 42 of the Internal Revenue Code and/or California Revenue and Taxation Code, Sections 17057.5, 17058, 23610.4, 23610.5 and California Health and Safety Code Section 50199, et seq. "Tax Credit Regulatory Agreement" shall mean that certain regulatory agreement to be recorded against the Site as a condition of the receipt by the Project of an allocation by TCAC of four percent (4%) Tax Credits. "TCAC" shall mean the California Tax Credit Allocation Committee. "Title Company" shall mean "Unit" and "Units" shall have the meaning ascribed in Section 101 hereof. "Very Low Income Household shall have the meaning as set forth in Health and Safety Code Section 510105, or any successor statute. {t1 4'`l1ii.In'tiii?I' "�`�'s1all i%�CII�Yrt„'_'Ii_ }i'It'li1t'1 11iGItySC grit. it i i3! i t1i?r�c 'c'i ilnCi }"�r�'tlZi'tll7kl :' °' t'list The qualifications and identity of the Developer are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. Consequently, no person, whether a voluntary or involuntary successor of Developer, shall acquire any rights or powers under this Agreement nor shall the Developer assign all or any part of this Agreement, the Site, or the Agency Regulatory Agreement without the prior written approval of the Agency. A voluntary or involuntary sale or transfer of any interest in the Developer or the Site during the term of this Agreement shall be deemed to constitute an assignment or transfer for the purposes of this Section 109, and the written approval of the Agency shall be required prior to effecting such an assignment or transfer. Any purported transfer, voluntarily or by operation of law, except with the prior written consent of the Agency, shall render this Agreement absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. During the term of this Agreement and the Agency Regulatory Agreement the Developer shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any rights or duties herein, nor make any total or partial sale, transfer, conveyance, or assignment of the whole or any part of the Site or any of the improvements thereon, without the prior written approval of the Agency. Notwithstanding any other provision of this Agreement to the contrary, Agency approval of an assignment of this Agreement or transfer of the Site, or any interest therein shall not be required in connection with: (a) the conveyance or dedication of any portion of the Site to the City of La Quinta, or other appropriate governmental agency, including public utilities. o92595.011 a0124`00 DRAFT where the granting of such easements permits or facilitates the development of the Project on the Site; or (b) any assignment of this Agreement or transfer of the Site, or any of the improvements located thereon., to a limited liability company in which Developer has a greater than fifty percent (50%) ownership and management interest; (c) any assignment of this Agreement, or transfer of the Site and any of the improvements located thereon, to a limited partnership in which Developer is a general partner with a greater than fifty percent (50%) ownership and management interest; and (d) any mortgage, deed of trust, sale and leaseback, or other form of conveyance required for any reasonable method of financing or refinancing the development of the Project on the Site, including all direct and indirect costs related thereto. Notwithstanding anything in this Section 109 to the contrary, in the absence of specific written agreement by Agency, no transfer or assignment by Developer or any successor in interest to Developer, whether or not requiring the approval by Agency, shall be deemed to relieve Developer or any successor party from the obligation to timely complete development of the Project, and no transfer or assignment by Developer or any successor in interest to Developer shall be effective unless and until the transferor and transferee execute and deliver to Agency an assignment and assumption agreement in a form and with content reasonably acceptable to Agency's legal counsel, This Section 109 shall not be applicable to the leasing of individual Units to Eligible Tenants in accordance with this Agreement and no assignment and assumption agreement shall be required in connection therewith. The Developer represents and warrants to the Agency as follows: 1. The Developer is duly established and in good standing under the laws of the State of California and has duly authorized, executed and delivered this Agreement and any and all other agreements and documents required to be executed and delivered by the Developer in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. This Agreement is enforceable against the Developer in accordance with its terms. Z. The Developer does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 3. There are no pending or, so far as is known to the Developer, threatened, legal proceedings to which the Developer is or may be made a party to or to which it or any of its property is or may become subject, which have not been fully disclosed in the material submitted to the Agency, which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to the Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the Developer and there is no action or proceeding pending or, to the Developer's best knowledge, threatened by or against the Developer which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of the Developer to carry out its obligations hereunder. -S82%01 56[D-004 -7- 642595_(}1 a03'24:06 DRAFT 5. The execution and delivery of this Agreement and all other documents to be executed by Developer pursuant to this Agreement will not constitute or result in any default or event that with notice or the lapse of time, or both, would be a default, breach, or violation of any other agreement, instrument, or arrangement by which Developer is bound. 6. The execution and delivery of this Agreement and all other documents to be executed by Developer pursuant to this Agreement and the consummation of the transactions contemplated herein will not violate any provision of or require any consent, authorization, or approval under any law or administrative regulation or any other order, award, judgment, writ, injunction or decree applicable to, or any governmental permit or license issued to Developer. 7. No representation, warranty, or covenant of Developer in this Agreement, or in any document or certificate furnished or to be furnished to Agency pursuant to this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. 8. All financial information delivered to Agency, including, without limitation, information relating to the financial condition of Developer, the Site, and the Project accurately represents such financial condition and has been prepared in accordance with accepted accounting principles consistently applied, unless otherwise noted in such information. Developer shall notify Agency in writing of any material changes to such information delivered to the Agency. 9. The Developer has, and will as required by its obligations hereunder, dedicate, allocate and otherwise make available, sufficient financial and other resources to perfonn its obligations under this Agreement. Each of the foregoing items 1 to 9, inclusive, shall be deemed to be an ongoing representation and warranty and shall survive the close of escrow for the Site. The Developer shall advise the Agency in writing if there is any change material pertaining to any matters set forth or referenced in the foregoing items 1 to 9, inclusive. I-l. 1 1 eL)cs;s-cntations by IN Agenc%% The Agency represents and warrants to Developer as follows: 1. Agency is a public body, corporate and politic, existing pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City of La Quinta. Agency has full right, power and lawful authority to transfer the Site as provided herein and the execution, performance, and delivery of this Agreement by Agency has been fully authorized by all requisite actions on the part of Agency. The parties who have executed this Agreement on behalf of Agency are authorized to bind Agency by their signatures hereto. 2. Agency does not, as far as is known to Agency, have any contingent obligations or contractual agreements which will materially adversely affect the ability of .Agency to carry out its obligations hereunder. 882%01561 0-0047 _ 692595_01 a(61'24!06 g— DRAFT 3. There are no pending or, so far as is known to Agency, threatened, legal proceedings to which Agency is or may be made a party or to which it or any of its property is or may become subject, which will materially adversely affect the ability of Agency to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to Agency's knowledge, threatened, looking toward the dissolution or liquidation of Agency and there is no action or proceeding pending or, to Agency's knowledge, threatened by or against Agency which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of Agency to carry out its obligations hereunder. S. To Agency's knowledge, the Site is not currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. b. Agency is not the subject of a bankruptcy proceeding. 7. To Agency's knowledge, no Hazardous Materials (as defined in Section 224 below) are now or have been released, used, or stored on or within any portion of the Site in violation of applicable laws or regulations governing the release, use, or storage of Hazardous Materials, and there has not been any federal, state, or local enforcement, clean-up, removal, remedial, or other governmental or regulatory actions instituted or completed affecting the Site. 8. To Agency's knowledge, the execution and delivery of this Agreement and all other documents to be executed by Agency pursuant to this Agreement will not constitute or result in any default or event that with notice or the lapse of time, or both, would be a default, breach, or violation of any other agreement, instrument, or arrangement by which Agency is bound. 9. To Agency's knowledge, the execution and delivery of this Agreement and all other documents to be executed by Agency pursuant to this Agreement and the consummation of the transactions contemplated herein will not violate any provision of or require any consent, authorization, or approval under any law or administrative regulation or any other order, award, judgment, writ, injunction or decree applicable to, or any governmental permit or license issued to Agency. 10. To Agency's knowledge, no representation, warranty, or covenant of Agency in this Agreement, or in any document or certificate furnished or to be furnished to Developer pursuant to this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. As used in this Section 110, the term "knowledge" or "known" shall mean the actual (not constructive or imputed) knowledge of the Agency Executive Director, without any investigation or inquiry or duty of investigation or inquiry. 832/0 15610-0047 —y- 682595_01 a0liN G6 380 DRAFT As set forth in Sections 201-203 below, Developer contemplates financing the development of the Project with a combination of funds from the proceeds of the following: (1) the Agency Development Loan; (h) a conventional loan from an institutional lender (the "Conventional Loan"); (iii) a loan made from proceeds of the Multifamily Housing Affordable Housing Program (the "1v1HP Loan"); (iv) Developer's equity contribution to be obtained through the syndication of tax credits; (v) Developer's deferral of its developer fee(s), (vi) the Agency MHP Gap Loan (if the conditions to receipt of said loan are satisfied), and (vii) such other financing sources as may be obtained by Developer in accordance with the terms and conditions of this Agreement. Developer shall utilize all of such funding exclusively for development of the Project on the Site, and not for any other purpose. E201¢ Agency Development Loan. Agency shall provide Developer with financial assistance, in the maximum amount of Twenty -Five Million Two Hundred Forty -Nine Thousand Four Hundred One Dollars (525,249,40I) to assist Developer in developing the Project (the "Agency Development Loan"). Portions of the Agency Development Loan shall be disbursed to Developer in accordance with the terms of the Agency Note. Developer shall use the proceeds of the Agency Development Loan only for costs incurred by Developer in the performance of work described in the Scope of Development. Repayment of the Agency Development Loan shall be in accordance with the terms of the Agency Note. lTj `_ liFf 4—It i 1� : k i s_i_ C iicMr li l i It. }jrkNi Developer has represented to agency that Developer intends to apply for the following types of financial assistance to assist with the costs of developing the Project: a. MHP Loan. Developer shall apply for a loan from the State of California Department of Housing and Community Development in the amount of Ten Million Dollars (S 10,000,000) under the Multifamily Housing Affordable Housing Program (the "MHP Loan"). Developer shall apply for the MHP Loan in April, 2006, or by the next earliest application deadline. Developer represents and warrants that Developer shall timely submit its complete application for the MHP Loan, and shall diligently pursue obtaining the MHP Loan. b. Conventional Loan. Developer shall obtain from a conventional lender (the "Conventional Lender") the Conventional Loan in an amount that, when combined with the other financing described in Section 201 and this Section 202, is sufficient to complete construction of the Project. In no event shall the Conventional Loan be less than Three Million Nine Hundred Ninety -Four Thousand Seven Hundred Dollars (53,994,700.) C. Tax Credits. The Project has received a preliminary reservation of tax credits from the TCAC in the amount of Thirty -Three Million Seven Hundred Seven Thousand Six Hundred Three Dollars (533,707,603). Developer's qualification for and participation in the Tax Credit Program in accordance with the terms set forth in this Agreement is a condition to the performance of this Agreement by Agency, including without limitation the provision of the Agency Financial Assistance. Agency shall have no responsibilities with respect M2 015610-0047 - 10- 692595.01 103 `24.'06 381 DRAFT to Developer's performance of its obligations under the Tax Credit Program, nor shall Agency do anything or fail to do anything it is required by law or this Agreement to do which will adversely affect Developer's performance of its Tax Credit Program obligations. In order to assist Agency in performing its obligations and enforcing its rights under this Agreement (with respect to reviewing Developer's Evidence of Financing, insuring the continued affordability and maintenance of the Units, and obtaining payments due under the Agency Note), Developer agrees to promptly submit to Agency all of the following documents at such time as the same are submitted by Developer to the TCAC or other applicable body or when such documents are received by Developer, as applicable (any documents submitted prior to the Effective Date of this Agreement shall also have been submitted by Developer to Agency and reviewed by Agency prior to the Effective Date of this Agreement): i) Complete copies of Developer's applications to the TCAC for the preliminary reservation, final reservation, carryover allocation (if applicable), and placed - in -service credit award, and any amendments or modifications thereto (4 California Administrative Code §§ 10325(b)-(e) and 10345). ii) Complete copies of any correspondence or transmittals by the TCAC to Developer notifying Developer regarding the action(s) taken with respect to any of the applications referred to in clause (i). iii) A complete copy of the regulatory agreement between the TCAC and Developer (4 California Administrative Code § 10340(c)). (As more fully discussed in Section of the Agency Regulatory Agreement, should Agency be prevented by a final order of a court of competent jurisdiction, applicable and binding appellate opinion, or regulatory body with jurisdiction from enforcing, for any reason, the affordability restrictions set forth in this Agreement, Agency shall be a third -party beneficiary under said agreement and shall have full authority to enforce any breach or default by Developer thereunder in the same manner as though it were a breach or default under this Agreement.) iv) Complete copies of all progress reports submitted by Developer to the TCAC prior to the issuance of tax credit allocations (4 California Administrative Code § 10340(d)) and the annual certifications and Project Status Reports submitted by Developer to the TCAC subsequent to the issuance of tax credit allocations (4 California Administrative Code § 10340(e)). v) Complete copies of all correspondence or transmittals from the TCAC or other jurisdiction (such as the Internal Revenue Service) containing any notification regarding the Project's noncompliance with applicable provisions of the Low - Income Housing Tax Credit Program.. In addition to the foregoing sources of funding for the Project, Developer shall diligently seek other sources of funding that are or may be available to help fund the Project. In the event that, after diligently pursuing receipt of the MHP Loan, and due to no fault of the Developer, the Developer does not receive the MHP Loan, the Agency shall provide 8S2'0 1 5o 14-0047 6935k)5-01 �,v)3%24Ot)- r DRAFT Developer with additional financial assistance, in the maximum amount of Ten Million Dollars (S 10,000,000) to assist Developer in developing the Project (the "Agency MHP Gap Loan"). Portions of the Agency MHP Gap Loan shall be disbursed to Developer in accordance with the terms of the Agency Note. Developer shall use the proceeds of the Agency MHP Gap Loan only for costs incurred by Developer in the performance of work described in the Scope of Development. Repayment of the Agency MHP Gap Loan shall be in accordance with the terms of the Agency Note. B. i ,ti 2LJ4L_ t_ v i delincin`., 2051 Financial 1--:% 10coc:e. The anticipated sources and uses of funds for the development of the Project are set forth in the Project Budget (Attachment No. 12). The financial projections for the Project are set forth in the Project Pro Forma (Attachment No. 13). Within the time set forth in the Schedule of Performance, and as a condition precedent to Agency's obligation to transfer the Site to Developer, Developer shall submit to the Executive Director evidence reasonably satisfactory to the Executive Director that Developer has, or will have, prior to the Close of Escrow, the financial capability necessary for the development of the Project on the Site pursuant to this Agreement. Such evidence of financial capability (collectively, the "Evidence of Financing") shall include all of the following: A copy of an executed letter of commitment from the Conventional Lender in an amount sufficient to complete construction of the Project, or reasonably final construction loan documents along with evidence reasonably satisfactory to the Executive Director that the Conventional Lender intends to execute the same and provide an initial funding on or before the Close of Escrow. Any such agreement shall provide for notice of default to Agency, and the right to cure required by Section 320. Evidence of sufficient take out financing, including both pennanent loan and any other funds, in a form reasonably satisfactory to the Executive Director, such that the Executive Director can detennine that sufficient funding for the Project will be available. A true and correct copy of the preliminary reservation letter from TCAC, a copy of the letter of intent from the Qualified Tax Credit Investor reflecting the total amount of the syndication proceeds and the timing of the payment of such proceeds, and evidence of the source and amount of any bridge financing that will be procured in an interim basis, and the terms under which the bridge financing is being provided. A copy of Developer's most recently prepared Annual Financial Statement. and a copy of Developer's most recent internally prepared, unaudited financial statement, which shall include a balance sheet, income statement, statement of retained earnings, statement of cash flows, and footnotes thereto, prepared in accordance with generally accepted accounting principals consistently applied. A copy of a fee -based construction contract or guaranteed maximum price construction ir .r 0 3 contract between Developer and its general contractor for all of the improvements required to be J R 81015610-0047 _ _ 025t15.01 a63.-24%06 12 DRAFT constructed by Developer hereunder, certified by Developer to be a true and correct copy thereof; and A corporate surety bond or bonds or other security instrument, approved as to form, content, and company by the Agency's Executive Director and the Agency's legal counsel with Developer's contractor or contractors as principal(s), in a penal sum not less than one hundred percent (100%) of the amount of the cost of constructing the Project guaranteeing completion of construction and the payment of wages for services engaged and bills contracted for materials, supplies, and equipment used in the performance of the work, and protecting Developer and Agency from any liability, losses, or damages arising therefrom; the Agency Executive Director shall have the discretion to accept alternate security in his or her sole and absolute discretion. The Executive Director shall complete his or her review of and approve or disapprove Developer's evidence of financial capability within the time set forth in the Schedule of Performance. If the Executive Director shall disapprove such evidence of financing, he or she shall do so by written notice to Developer stating the reasons for such disapproval. In such event, Developer shall promptly resubmit its evidence of financial capability not less than thirty (30) days after receipt of the Executive Director's disapproval, the Executive Director shall reconsider such resubmittal within the same number of days allowed for the initial submittal, and the deadlines in the Schedule of Performance shall be extended accordingly. C. L jt'a �E tItS141(3il C) I�lt' Ill �: 1g�ili lase Price The Developer shall acquire a fee simple title to the Site pursuant to a grant deed in the form attached hereto and incorporated herein as Attachment No. 5 ("Grant Deed"). Developer's purchase price for the Site (the "Purchase Price") is One Dollar ($1). I . Opening of Escrow. Agency and Developer agree to open an escrow (the "Escrow") with Title Insurance Company (the "Escrow Agent"), by the time established therefor in the Schedule of Performance. This Agreement constitutes Agency's and Developer's escrow instructions for the Agency's sale and Developer's purchase of the Site and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Escrow. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Escrow its acceptance of the provisions of this Section 207, in writing, delivered to the Agency and the Developer, shall carry out its duties as Escrow Agent hereunder. In the event of any conflict or inconsistency between the additional escrow instructions required by the Escrow Agent and the provisions of this Agreement, the provisions of this Agreement shall supersede and control. Any amendment of the escrow instructions set forth or described herein shall be in writing and signed by both Agency and Developer. At the time of any authorized amendment to the escrow instructions, the Escrow Agent shall agree, by signing below an appropriate statement on such an amendment, to carry out its duties as Escrow Agent under such an amendment. All communications from the Escrow Agent to Agency or Developer shall be in writing and directed to the addresses and in the manner established in Section 601 of this Agreement for notices, demands, and communications between City and Developer. 8,15'2:0156 W-W47 69256.01 A3'24 06 - 1 3- D RA FT 2. Deposits Into Escrow. Agency and Developer shall deposit the following documents and pay into the Escrow the following fees, charges and costs promptly after the Escrow Agent has notified the Agency of the total amount of such fees, charges and costs, but not earlier than five (5) days prior to the scheduled date for the Closing: a. Developer shall deposit the Purchase Price; b. Agency and Developer shall each pay one-half of the Escrow fee; C. Agency shall pay the costs, if any, of drawing the Grant Deed; d. Agency shall pay recording fees, if any; e. Agency and Developer shall pay their respective Notary fees; f. Agency shall pay the premium for the Developer Title Policy up to the amount set forth in Section 216 and Developer shall pay for its portion, if any, as set forth in Section 215. g. Agency shall pay for any transfer tax and any state, county or city documentary stamps. h. Agency shall deposit with the Escrow Agent the fully executed Grant Deed, Agency Deed of Trust, Option Agreement, Agency Regulatory Agreement, and Memorandum. 3. Escrow Officer Obligations. The Escrow Officer shall notify the Agency and Developer when all outstanding documents, including the Grant Deed, the Agency Deed of Trust, the Option Agreement, the Agency Regulatory Agreement, and the Memorandum have been executed and submitted to Escrow by the applicable party. Upon confirmation by the Escrow Agent that all of the Agency's Conditions to Closing and all of the Developer's Conditions to Closing have been satisfied, or waived by the appropriate party, the Escrow Agent shall record the following documents in the following order of recordation: (1) Grant Deed, (2) Agency Deed of Trust, (3) Option Agreement, (4) Agency Regulatory Agreement, and (5) Memorandum. The date such documents are recorded shall be referred to herein as the "Close of Escrow" or the "Closing Date." All funds received in the Escrow shall be deposited by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest -earning general escrow account or accounts with any state or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. Any amendment to these escrow instructions shall be in writing and signed by the Agency. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. 882J0!56It 0047 692595.01 a03;24;06 -14- Q DRAFT The liability of the Escrow Agent in the capacity of escrow holder with respect to the Agency is limited to performance of the obligations imposed under it under Sections 207, 213, 215, and 216 of this Agreement. t._. 20�_a_)td�t i -,cc 3 tC 'Enid - - Provided that the Developer is not in default under this Agreement and all of Agency's Conditions to Closing and Developer's Conditions to Closing have occurred, and subject to any mutually agreed upon extensions of time, Agency shall convey to the Developer title to the Site. The Agency and the Developer agree to perform all acts necessary to conveyance of title on or before the Outside Closing Date. Possession shall be delivered to the Developer concurrently with the conveyance of title at the Close of Escrow, except that limited access may be permitted before the Close of Escrow as permitted in Section 220 of this Agreement. The Developer shall accept title and possession on said date. f . L2() Conditions to Close of Escroy, } 2 1 � C "ktz ,i,c,, s C ondltlons to "�l(', - The Agency's obligation to convey the Site to Developer and the closing of the Escrow shall, in addition to any other condition set forth herein in favor of the Agency, be conditional and contingent upon the satisfaction, or waiver by the Agency in its sole and absolute discretion, or before the Outside Closing Date, of each and all of the following conditions (collectively, "Agency's Conditions to Closing"); a. Developer shall have deposited into Escrow the Purchase Price and all other sums and documents required of Developer by this Agreement; b. Developer shall have delivered to Agency or deposited into Escrow the Agency Deed of Trust, duly executed and acknowledged by Developer, the Agency Regulatory Agreement, duly executed and acknowledged by Developer, the Option Agreement, duly executed and acknowledged by Developer, and the Memorandum, duly executed and acknowledged by Developer; Developer shall have executed and delivered to Agency the Agency Note. d. Developer shall have submitted to the Executive Director the evidence of insurance required pursuant to Section 308 of this Agreement; C. Developer shall have submitted to the Executive Director Developer's Evidence of Financing, in accordance with Section 205 herein, and the Executive Director shall have approved the same; f. Developer shall have obtained all of the Project Entitlements; 881/015610-0047 -1 S- 692593.01 303 `24:06 8 6 4, DRAFT g. Developer shall have timely filed a complete application to obtain the MHP Loan, in compliance with all applicable requirements for obtaining the same, and shall have diligently pursued receipt of the same, h. Developer shall have executed and delivered to Agency the Agency Note, concurrently with Developer's execution of this Agreement, and Developer shall not be in default of any term or condition thereof; i. On the Closing Date, the Title Company shall be irrevocably committed to issue the Agency Title Policy, if elected by Agency; j. Escrow Agent holds and will deliver to Agency the instruments and funds to be delivered to Agency under this Agreement; and k. Developer is not in material default of any term or condition of this Agreement. Developer's obligation to purchase the Site from Agency and the closing of the Escrow shall, in addition to any other condition set forth herein in favor of the Developer, be conditional and contingent upon the satisfaction, or waiver by the Developer in its sole and absolute discretion, on or before the Outside Closing Date, of each and all of the following conditions (collectively, "Developer's Conditions to Closing"). i) Agency has deposited into Escrow the Grant Deed, duly executed and acknowledged by Agency, and all other sums and documents required of Agency by this Agreement; On the Closing Date, the Title Company shall be irrevocably committed to issue the Developer Title Policy insuring fee title to the Site is vested in Developer; iii) Developer shall have obtained all of the Project Entitlements; iv) Escrow Agent holds and will deliver to Developer the instruments and funds to be delivered to Developer under this Agreement; v) the Developer has approved the environmental condition of the Site and agrees to acquire the Site in its present condition; and vi) Agency is not in material default of any term or condition of this Agreement. Agency may at any time or times, at its election, waive any of the conditions set forth in Section 210 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by Agency and delivered to Developer. Developer may at any time 892i015610-0047 -16- 692595.01 k3:24106 DRAFT or times, at its election, waive any of the conditions set forth in Section 211 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by Developer and delivered to Agency. In the event that by the Outside Closing Date each of the conditions set forth in Section 210 is not fulfilled or waived by Agency pursuant to Section 212, Agency may, at its option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties from further obligations hereunder. In the event that prior to the Outside Closing Date each of the conditions set forth in Section 211 are not fulfilled, or waived by Developer, Developer may, at its option, terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties from further obligations hereunder. In the event this Agreement is terminated, all documents and funds delivered by Developer to Agency or Escrow Agent shall be returned immediately to Developer and all documents and funds delivered by Agency to Developer or Escrow Agent shall be returned immediately to Agency. Nothing in this Section 213 .shall be construed as (i) releasing any party from liability for any default of its obligations hereunder or breach of its representations and warranties under this Agreement occurring prior to the termination of this Agreement and/or the Escrow to be opened hereunder, or (ii) releasing the Developer from its obligation to repay any portion of the Agency Financial Assistance which has as of the time of termination hereof been disbursed to Developer. Repayment of the disbursed portions of the Agency Financial Assistance shall be in accordance with the tern -Is and conditions set forth in the Agency Note. The Agency shall convey to the Developer fee simple title to the Site free and clear of all recorded liens, encumbrances, encroachments, assessments, leases and taxes except the provisions of the Grant Deed, the Agency Deed of Trust, the Agency Regulatory Agreement, the Option Agreement, the Memorandum the standard printed conditions and exceptions contained in the ALTA standard owner's policy of title insurance that is regularly issued by the Title Company in transactions similar to the one contemplated by this Agreement, as approved by Developer pursuant to this Section 214. Within five (5) days after the Effective Date, Agency shall cause the Title Company to deliver to Developer a standard preliminary title report with respect to the Site, together with legible copies of the documents underlying the exceptions set forth in the Title Report (collectively, the "Title Report"). Developer shall have the right to reasonably approve or disapprove the condition of title as reflected in the Title Report; provided, however, that the Developer hereby approves the Redevelopment Plan and the lien of current non -delinquent real property taxes and assessments, if any. Developer shall have ten (10) business days from the date of receipt of the Title Report pursuant to this Section 214 to give written notice to Agency of its approval or disapproval. of any the title exceptions set forth in the Title Report. Developer's failure to give written approval of the Title Report within such time Iimit shall be deemed approval of the Title Report by Developer. If Developer notifies Agency of its disapproval of any of the title exceptions in the Title Report (the "Disapproved Exceptions"). Agency shall have the right, but not the obligation, to remove any such Disapproved Exceptions within ten (10) business days 6(4259 I a03;2a or; -17- pp 388 DRAFT after receiving written notice of Developer's disapproval or provide assurances satisfactory to Developer that such Disapproved Exception(s) will be removed on or before conveyance of the Site. if Agency cannot or in its sole discretion does not elect to remove any of the Disapproved Exceptions within that period, Developer shall have ten. (10) business days after the expiration of such ten (10) business days to either give Agency written notice that it elects to proceed with the conveyance of the Site subject to the Disapproved Exceptions or to give Agency written notice that it elects to terminate this Agreement. Developer's failure to give written notice of its election to proceed with the conveyance or to terminate this Agreement shall be deemed its election to proceed subject to the Disapproved Exceptions. Developer shall have the right to approve or disapprove any exceptions reported by the Title Company after Developer has approved the condition of title for the Site (which are not created by Developer). Agency shall not voluntarily create any new exceptions to title following the date of this Agreement. i. 5 htic 1 4t<I'fliiL Concurrently with recordation of the Grant Deed, the Escrow Agent shall instruct the Title Company to provide and deliver to the Developer an ALTA standard farm policy of title insurance that does not require a survey issued by the Title Company insuring that the title is vested in the Developer, or its assignee, as applicable, in the condition required btf Section 214 of this Agreement (the "Developer Title Policy"). The Title Company shall provide the Agency with a copy of the Developer Title Policy and the Developer Title Policy shall be in the amount of Seven Million Seven Hundred Thousand Dollars ($7,700,000). The Agency shall pay the title insurance premium attributable to the Developer Title Policy. The Title Company shall, if requested by the Developer, increase the amount of the Developer Title Policy or provide the Developer with an extended policy, coverages, or endorsements. The Developer shall pay the portion of the premium associated with such extended or additional coverages or endorsements. At Agency's election, Agency may obtain from the Title Compar►v an AL,TA lender's policy of title insurance, together with such endorsements as may be reasonably requested by Agency with liability in the amount of the Agency Note, covering the Site, showing title vested in Developer, and insuring the validity and priority of, respectively, the Agency Deed of Trust, Option Agreement, Agency Regulatory Agreement, and Memorandum ( the "Agency Title Policy"). Ad valorem taxes and assessments, if any, on the Site, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by the Agency. All ad valorem taxes and assessments levied or imposed for any period commencing after close of the Escrow shall be paid by the Developer. SX2`015610-0047 S 692595.01 a03;24;06 _ 1- j DRAFT f'!'E.'.c of PC)s:;eSsiCilt The Site shall be conveyed free of any possession or right of possession by any person except that of the Developer and the easements and other encumbrances of record (subject to Developer's right to review the condition of title pursuant to Section 214). cC�e E`kll�. The Developer shall conduct the Developer's own investigation of the Site, including but not limited to its physical condition, the soils and toxic conditions of the Site and all other matters which in the Developer's judgment affect or influence the Developer's proposed use of the Site and the Developer's willingness to develop the Site pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a soils report for the Site. Prior to the acquisition of the Site, the Developer shall provide written notice to the Agency of the Developer's determinations concerning the suitability of the physical condition of the Site. If, in the Developer's reasonable judgment, the physical condition of the Site is unsuitable for the use or uses to which the Site will be put to the extent that it is not economically feasible for the Developer to develop the Site pursuant to this Agreement, then the Developer shall have the option either to (a) take any action necessary to place the Site in a condition suitable for development, at no cost to the Agency; or (b) terminate this Agreement pursuant to the provisions of Section 213 hereof. If the Developer has not notified the Agency of its determinations concerning the suitability of the physical condition of the Site by the date scheduled for the close of Escrow, the Developer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section. The Agency has provided the Developer with all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any "Hazardous Materials," as defined in Section 223 below. The Developer acknowledges and agrees that any portion of the Site that it acquires from the Agency pursuant to this Agreement shall be purchased "AS 1S" "WHERE IS" "WITH ALL FAULTS," in its current physical condition, with no warranties of any kind or nature, express or implied, except those warranties set forth in Section 111.7 above, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous Materials thereon or therein, and any other matters affecting the Site. LUC The Developer agrees, from and after the date of recordation of the Grant Deed, to defend, indemnify, protect and hold harmless the Agency and its officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns (collectively, the "Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees, Judgments, liens, demands, actions, "Environmental Response Actions" (as defined in Section 223 below), claims, losses, damages, fines, penalties, expenses, "Environmental Response Costs" (as defined in Section 223 below) or costs of any kind or nature whatsoever, together with 882.'015610-0047 692595.01 a0324'06 -19- 390 DRAFT fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), occurring during and caused by Developer's use and occupancy of the Site, and resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials at, on, in, beneath or from the Site, unless caused by the negligence or willful misconduct of Indemnities. The Developer's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Hazardous Materials, at the Developer's sole cost. Notwithstanding the foregoing, the Agency agrees to indemnify, defend, and hold Developer harmless for, from, and against anv and all claims, demands, liabilities, costs, expenses, Environmental Response Actions, Environmental Response Costs, damages, cause or causes or action of any nature whatsoever arising from any misrepresentation or breach of the warranty set forth in Section 111.7 above, or otherwise resulting from or in connection with the generation, storage, handling, transportation, use, and/or release of Hazardous Materials at, on, in, beneath, or from the Site by the Agency or during the Agency's ownership or possession of the Site. Subject to the exceptions set forth in Section 221 above, the Developer hereby releases and waives all rights, causes of action and claims the Developer has or may have in the future against the Indemnities arising out of or in connection with any Hazardous Materials at, on, in, beneath or from the Site. In furtherance of the intentions set forth herein, the Developer acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH 1F KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THIS SETTLEMENT WITH THE DEBTOR." The Developer hereby waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non -statutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section 222. Developer's Initials: F221` [ e—nit"ons. a. As used in this Agreement, the term "Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by the Developer. 882,'0156 k 0-0047 02595 01 aU,24.06 -20- DRAFT b. As used in this Agreement, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all lines, penalties and damages. C. As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by a California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. �i�;te�iu`lity- The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the Agency set forth in this Agreement are a material element of the consideration to the Agency for the performance of its obligations under this Agreement, and that the Agency would not have entered this Agreement unless the Developer's obligations were as provided for herein. - Prior to the conveyance of title to the Site from the Agency to the Developer, representatives of the Developer shall have the right of access to the Site at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Prior to Developer's entry on the Site pursuant to this Section, Developer shall procure the insurance described in Section 308 below. The Developer shall indemnify, defend, and hold harmless the Agency and its officers, officials, employees, agents, and representatives, for any injury or damages arising out of any activity pursuant to this section. The Developer shall have access to all data and information on the Site available to the Agency, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information. Any preliminary work undertaken on the Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the Agency and at the sole expense of the Developer. The Developer shall save and protect the Agency against any claims resulting from such preliminary work, access or use of the Site by Developer, its agents or contractors. Copies of data, surveys and tests obtained or made by the Developer on the Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. 882,015610-0047 _� l 692595.0E a0124:06 �i DRAFT lit, 1,3001 l ENELOP ' ENT OF 141E SIT r 402- Scone of Qemelt 7� I1I.cnt The Project will be comprised of the construction of an affordable multifamily rental housing complex containing not less than two hundred eighteen (218) apartment dwelling units, and shall include all of the onsite private improvements necessary for the development in accordance with approved plans and permits, all as set forth in this Agreement and in the Scope of Development. Upon close of the Escrow, the Developer shall commence and complete construction of the Project on the Site by the time established therefor in the Schedule of Performance. By the time set forth therefor in the applicable items in the Schedule of Performance, the Developer shall prepare and submit to the City for its approval all plans, drawings, and documents for the Project in confonnance with all requirements of the City and which contain the overall plan for development of the Site in sufficient detail to enable the City to evaluate the proposal for conformity to the requirements of the La 4uinta Municipal Code and this Agreement. The Site shall be developed as established in this Agreement and the aforementioned documents, except as changes may be mutually agreed upon between the Developer and the Agency; provided that any changes shall be consistent with the material terms of this Agreement. The landscaping and finish grading plans, if any finish grading plans are required by the City, shall be prepared by a professional landscape architect or registered civil engineer who may be the same firm as the Developer's architect or civil engineer. During the preparation of all drawings and plans, staff of the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents by, the City. The staff of the Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive prompt consideration. i x � 7 F `y t ] a t � 1 Y ^ i • � � �[ r3 9{ t pi t .. h � __ § i (� � t ' i p� i � i i y l,; -------------- The Agency and the City shall have the right to review and approve all plans and drawings which may be required by the City with respect to any permits and entitlements which are required to be obtained to develop the Project, including any changes therein. During each stage of the processing of plans for the Project, the Agency and the City shall have the right to require additional information and shall advise the Developer if any submittal of plans or drawings is not complete or not in accordance with City/Agency procedures. If the Agency or the City determines that such a submittal is not complete or not in 882,;015610-004 i 692S95.0 i aU 24,06 --- DRAFT accordance with procedures, such tender shall not be deemed to constitute a submittal for purposes of satisfying the Schedule of Performance, provided, however. Agency shall provide Developer with a detailed written report of any such deficiency or noncompliance with procedures and Developer shall revise and resubmit such plans in accordance with the Schedule of Performance and such written report. If the Developer desires to make any substantial changes in the construction plans for the Project after the approval thereof by the Agency and the City, the Developer shall submit the proposed changes to the Agency and the City for their approval. If the construction plans, as modified by the proposed change, conform to the requirements of this Section 304 and the Scope of Development, the Agency will approve the proposed change and will endeavor to obtain, at no cost to Agency, the City's approval of the same. 4. [3'(35]. Project Entitlements Prior to, and as one of the Agency's Conditions to Close, as set forth in Section 210, Developer shall (i) prepare a parcel map subdividing the Site to create a new parcel on a portion of the Site that will be dedicated by Developer to the CoachellaValley Water District ("Parcel Map"), (ii) obtain from the City of La Quinta approval for all plans, drawings, and related documents required for the Project, such that immediately after the Close of Escrow for the Site Developer shall be entitled to obtain grading and building permits for the Project-, and (iii) obtain from the City of La Quinta all permits and entitlements necessary for the Project as required in this Agreement, by applicable State law, by City code, and all other applicable law, including but not limited to Site Development Permit No. 2006-857, the Dune Palms Neighborhood Specific Plan (the "Specific Plan"), any conditional use pennit, any zone change, any variance, any vacation of public rights of way, and any approvals or certifications as required by the California Environmental Quality Act (California Public Resources Code § 21000 et seq.), the approval of which by the City of La Quinta is subject to the City's legislative discretion (all of the foregoing, the "Project Entitlements"). Agency agrees to fully cooperate with, and assist, at no cost to Agency, Developer in its pursuit of Project Entitlements, subject to Agency's exercise of its legislative discretion and without any representation, warranty, or guaranty by Agency that the City will issue, or will issue with conditions, any Project Entitlement. Without limiting the generality of the foregoing, Agency shall review all submittals by Developer in a timely manner and shall provide Developer with all information, in Agency's possession or control, that Developer may reasonably request in writing in connection with the Project Entitlements (or the pursuit thereof). In addition, Agency shall prepare, with funds deposited by Developer, all necessary environmental documents as required by applicable Iaw, including but not limited to the California Environmental Quality Act, for approval or certification, as the case Ynay be, by the City of La Quinta. With the exception of the Agency Financial Assistance, all costs for planning, designing, and constructing the Project, including but not limited to all development and building fees, broker's fees and commissions, Site remediation (if any), grading and preparation costs, off -site and on -site construction and improvement costs shall be borne exclusively by the 882i015610-0047 _23_ �,► ci 692595,01 aO3'24.,06 DRAFT Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. C`a 1 t�-u tic � Scl�ciit�[e The Developer shall commence and complete construction of the Project by the respective times established therefor in the Schedule of Performance. z> (JE 111CI IIIflitV: [IISL�l"LErICc �CCIL[ireiiieiits The Developer shall indemnify, defend, and hold harmless the Agency and the City, and their respective officers, officials, employees, agents, and representatives, from all claims or suits tfor, and damages to, property and injuries to persons, including accidental death (including expert witness fees, attorneys fees, and costs), which may be caused by any of the Developer's activities under this Agreement. Commencing with Effective Date hereof and ending on the expiration date of the Agency Regulatory Agreement, Developer shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the Executive Director, the following policies of insurance: A policy of commercial general liability insurance written on a per occurrence basis in an amount not less than: (A) for death and bodily injury, either (i) a combined single limit of Three Million Dollars ($3,000,000.00) or (ii) Three ?Million Dollars ($3,000,000) per person and Three :Million Dollars ($3,000,000.00) per occurrence, and Three Million Dollars ($3,000,000.00) in the aggregate, and (B) for property damage, Three Million Dollars ($3,000,000.00) per occurrence. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Developer and Agency against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Developer in the course of carrying out the work or services contemplated in this Agreement. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (1) bodily injury liability limits of Three :Million Dollars ($3,000,000.00) per person and Three Million Dollars ($3,000,000.00) per occurrence, and property damage liability limits of Three Million Dollars ($3,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) in the aggregate or (ii) combined single limit liability of Three Million Dollars ($3,000,000.00). Said policy shall include coverage for owned, non -owned, leased, and hired cars. With respect to the improvements and any fixtures and furnishings to be owned by Developer on the Site, insurance against fire, extended coverage, vandalism, and malicious mischief, and such other additional perils, hazards, and risks as now are or may be included in the standard "all risk" form in general use in Riverside County, California, with the standard form fire insurance coverage in an amount equal to full actual replacement cost thereof, as the same may change from time to time. The above insurance policy or policies shall include KN IO156t0-0047 6Q545.01 a03-241,06 —24— DRAFT coverage for earthquakes to the extent generally and commercially available at commercially reasonable rates, if such insurance is generally obtained for rental apartment projects of this size and type in the counties of Los Angeles, Orange County, Riverside, and San Bernardino. Agency shall be a loss payee under such policy or policies and such insurance shall contain a replacement cost endorsement. The following additional requirements shall apply to all of the above policies of insurance: All of the above policies of insurance shall be primary insurance and, except the Worker's Compensation insurance, shall naive Agency, City, and their respective officers, officials, members, employees, agents, and representatives as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against Agency, City, and their officers, officials, members, employees, agents, and representatives, and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days' prior written notice to Agency and City. In the event any of said policies of insurance are cancelled, the Developer shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the Executive Director. Not later than the Effective Date of this Agreement, Developer shall provide the Executive Director with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders shall be subject to the reasonable approval of the Executive Director. Upon the request of the Executive Director, Developer shall provide Agency with complete copies of each Policy of Insurance required by this Agreement. The policies of insurance required by this Agreement shall be satisfactory only if issued by companies licensed and admitted to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Executive Director due to unique circumstances. Agency may reasonably require coverage increases, provided that the percentage increase in coverage shall not be required to exceed the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for Urban Wage Earners and Clerical Workers, Los Angeles -Riverside -Orange County Average, All Items (1984 = 100) (the ``Index"), from and after the date of this Agreement, or, if said Index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said Index (the "CPI Adjustment"). Unless otherwise approved in advance by the Executive Director, the insurance to be provided by Developer may provide for a deductible or self -insured retention of not more than Ten Thousand Dollars ($10,000), with such maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. Developer agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which Developer may be held responsible for the payment of damages to any persons or property resulting from the Developer's activities or the activities of any person or persons for which the Developer is otherwise responsible. 692595.01 a03r24N36 396 DRAFT 09i.�lty and Other�_t4}vel-11)111 1t'il :.i t Cm,-vt�: �) �"Gillts Before commencement of construction or development of any buildings, structures or other works of improvement upon the Site or in connection with any off -site improvement, the Developer shall, subject to Section 201, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agent affected by such construction, development or work. It is understood that the Developer's obligation is to pay all necessary fees and to timely submit to the City final drawings with final corrections to obtain building permits; the Agency will, without obligation to incur liability or expense therefor, use its best efforts to expedite issuance of building permits and certificates of occupancy for construction that meet the requirements of the La Quinta ?Municipal Code. For purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have the right of access to the Site without charges or fees, at nonnal business hours during the period of this Agreement for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the Project, so long as they comply with all safety rules. Such representatives of the Agency or of the City shall be those who are so identified in writing by the Executive Director of the Agency. The Agency shall hold the Developer harmless from any bodily injury or related damages arising out of the activities of the Agency and the City as referred to in this Section 310. St,�te �cui Federal The Developer shall perform under this Agreement and carry out its performance under this Agreement, including without limitation the construction of the Project, in conformity with all applicable federal and state laws and local ordinances, including all applicable federal and state labor and wage standards, as to the Site, provided, however, Developer and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. Nothing herein constitutes a representation or warranty by Agency that the construction of the Project is not subject to California Health and Safety Code Sections 33423 through 33426, or Chapter 1 of Part 7 of the California Labor Code (commencing with Section 1720), and all applicable statutory and regulatory provisions related thereto, and Developer expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Site or the Project. Developer shall indemnify, defend, and hold Agency harmless, including litigation costs and reasonable attorneys' tees, from and against any and all claims pertaining to the payment of wages for the Site or Project. Pursuant to Section 33435 and 33050 of the California Community Redevelopment Law, the Developer for itself and its successors and assigns, agrees, that in the construction of the Project on the Site or other performance under this Agreement, the Developer o9'�595 0i a03 Za 00 -- DRAFT shall not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, or national origin. After the conveyance of title by Agency to Developers or its assignee, the Developer shall pay prior to delinquency all real estate taxes and assessments on the Site for any period subsequent to the conveyance of title and possession, so long as the Developer retains any ownership interest therein. The Developer shall remove or have removed any levy or attachment made on the Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to any sale or transfer of all or any portions thereof Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto, and nothing herein shall limit the remedies available to the Developer in respect thereto. tl,e 'r`uncV to Satisfy () )er �..iens On ;Ile `�Iti ��%%l' � rtiC' flasse;s After the conveyance of title by Agency and prior to the completion of construction, and after the Developer has had written notice and has failed after a reasonable time, to challenge, cure, or satisfy any liens or encumbrances on the Site which are not otherwise permitted under this Agreement, the Agency shall have the right but no obligation to satisf} any such liens or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto. 1 ; 3 15 1�cleasc- of C_onstrLi tIon C oven,t ats Upon written request by Developer, and upon satisfactory completion of the Project, as evidenced by City's issuance of a certificate of occupancy (excluding any temporary certificate of occupancy issued by City), Agency shall issue to Developer a Release of Construction Covenants as long as Developer is not in default under this Agreement or any documents related hereto. The Release of Construction Covenants shall be, and shall so state, a conclusive detennination of satisfactory completion of construction of the Project. After the date Developer is entitled to issuance of the Release of Construction Covenants, and notwithstanding any other provision of this Agreement to the contrary, any party then owning or thereafter purchasing, leasing or othenvise acquiring any interest in the Site shall not (because of any such ownership, purchase, lease, or acquisition) incur any obligation or liability under this Agreement, except that such party shall be bound by the covenants herein that survive the issuance of the Release of Construction Covenants and the covenants set forth in the Agency Regulatory Agreement. The: Release of Construction Covenants is not a notice of completion as referred to in California Civil Code Section 3093. 11' Agency refuses or fails to furnish a Release of Construction Covenants after written request from Developer, Agency shall, within fifteen (1 5) days after the written request, provide the Developer a written statement of the reasons Agency refused or failed to furnish a Release of Construction Covenants. The statement shall also contain the Agency's opinion of 882'015610-004' _7 7- 692595.01 at?3%24.'0b ' op��i DRAFT the action Developer must take to obtain a Release of Construction Covenants. If Agency refuses or fails to furnish the Release of Construction Covenants for the reason that specific minor non -life safety items or materials are not available or landscaping or other punch -list items are not complete and the cost thereof is less than two percent (2%) of the Agency Loan amount, as set forth in the Project Budget, Agency shall issue the Release of Construction Covenants upon the posting by Developer with Agency of a cash deposit, bond, or irrevocable letter of credit (in a form acceptable to Agency), at Developer's option, in an amount representing one hundred percent (100%) of the fair value of the work not yet completed. „,.. J } 3 i (l � �..lnflt'wztl�tit l.3 �'.sI£.:i�i.il��Tut,l�,L`; Except as otherwise permitted by this Agreement, including but not limited to clause (d) of Section 109, Developer shall not mortgage the Site or any portion thereof or any interest therein, any other mortgages or conveyances for financing that encumber the Site or any portion thereof, without the prior written approval of the Executive Director, which approval shall not be unreasonably withheld 6. , 3 ; 71 i•lolder Not Obli oa ed to ('01"stRiCt 111101-£ % CnicM The holder of any mortgage, deed of trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion, nor shall any covenant or any other provision in the Grant Deed for the Site, the Agency Regulatory Agreement or the Option Agreement be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the City of La Quinta General Plan, the Specific Plan, and applicable zoning, as the same may be amended from time to time. Frytt tir 1�� l«til ----- . , s h e Whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in completion of construction of the Project, the Agency shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage, deed of trust or other security interest authorized by this Agreement who has previously made a written request to the Agency therefor. Each such holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, within sixty (60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Developer under this Section 318 shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Developer under this Section 31 S. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly Ss2%C E 5710-06147 -2 8- 692595-01 a0l; 24-06 'i z3 DRAFT assumed the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The holder in that event must agree to complete, in the manner provided in this Agreement, the construction to which the lien or title of such holder relates and submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder properly completing such improvements shall be entitled, upon written request made to the Agency, to a Certificate of Completion from the Agency. ;. 1 k) F4�ilure cif lc�lctcr to C'�)mL etc IIMMO—Y� cL cl Is In any case where, sixty (60) days after an uncured default by the Developer in completion of construction under this Agreement, the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the Site has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency may purchase the mortgage, deed of trust or other security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the Site has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance of the Site from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: 1. The unpaid mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); �. All expenses with respect to foreclosure, including reasonable attorneys' fees and trustee's fees; 3. The net expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site or part thereof; 4. The costs of any authorized improvements made by such holder; and 5. An amount equivalent to the interest that would have accrued on the aggregate of the amounts in Subparagraphs 1-4 had all such amounts become part of the mortgage or deed of trust debt and such debt had continued in existence to the date of payment by the Agency. 44 q Right �� 'isjC fi �i to ) i t'tC llt.> te< t=C;, i'ed of i !fit to �::.ii In the event of a default or breach by the Developer of a mortgage, deed of trust or other security interest with respect to the Site prior to the completion of the Project, and the holder has not exercised its option to complete the construction, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default. The Agency shall also be entitled to a lien upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security -9821,,015610-0047 -29- 692595 d; A324;06 400 DRAFrr interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein. t'IV . 14. ool t sF- o 't`n E Star A. i 1f ? AIrC�rcl�il ; l"lilia5ii� Developer hereby covenants and agrees, for itself and its successors and assigns, to use and maintain the Site during the term of the Agency Regulatory Agreement only as a rental apartment housing project with two hundred eighteen (218) apartment dwelling units (the "Units"), with each such Unit to be rented to and occupied by Eligible Tenants at an Affordable Rent, all as more fully described in the Agency Regulatory Agreement. fti7 ; ses 1Jai-,cc v- Ith I� cd:'il: �+OIit�ty�. t�11'I1 ,€�iC11: The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any part thereof that the Developer and such successors and assignees, shall devote the Site to the uses specified in the Redevelopment Plan, the Grant Deed, the Agency Regulatory Agreement, the Option Agreement, and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. The Developer covenants by and for itself and any successors in interest 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 or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or though it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. The Developer shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through his or her heirs, executors, administrators and 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 or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or though him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the Land." 882M 15610-11047 F9259iffl a01.24,06 �- DRAFT 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation or any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "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, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." The covenants established in this Agreement and the deeds of conveyance for the Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site, together with any property acquired by the Developer pursuant to this Agreement, or any part thereof. The covenants against racial discrimination shall remain in effect in perpetuity. r" I ffe ct {t�f ioplatiori o tilt l emli-s Ll-ii_ � c� � ItitUll t.. �1,11 �r e- � .v t)1 2 li.. i-i�1ll t�`V ` ollstr"I .tle�iI .-.__.........l.i•.•--.._.._......o The Agency is deemed the beneficiary of the terms and provisions of this :Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the Site or in the Project Area. The Agency shall have the right, if this Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other property proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. The Developer shall maintain the Project on the Site in conformity with the La Quinta Municipal Code and the requirements of the Agency Regulatory Agreement, and shall keep the Site free from any graffiti and from any accumulation of debris or waste materials. The Developer shall also maintain the landscaping required to be planted under the Scope of Development in a healthy and attractive condition. If, at any time, Developer fails 991,0156 10-004n _3 (592595.Oi a{)3!24.0t) DRAFT to maintain the Site or any portion thereof, and said condition is not corrected as soon as reasonably possible after written notice from the Agency, either the Agency or the City may enter the Site or applicable portion thereof to perfonn the necessary maintenance thereon and Developer shall pay such costs as are reasonably incurred for such maintenance plus a fifteen percent (15%) administrative fee. This covenant shall run with the land and shall remain in effect for the term of the Redevelopment Plan. 1011E DE'1'.t'1-,1``� Subject to the extensions of time set forth in Section 603, failure or delay by either party to perfonn any term or provision of this Agreement constitutes a default under this Agreement. If either party defaults with regard to any of the provisions of this Agreement, the non -defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty (30) days alter service of the notice of default (or within such other period as is set forth herein), the non - defaulting party shall be entitled to pursue whatever remedies to which such party is entitled under this Agreement. f) i slit €ilc. € el-fornianc€,' The non -defaulting party, upon expiration of applicable notice and cure periods, shall be permitted, but not obligated, to commence an action for specific performance of the terms of this Agreement, or to cure, correct or remedy any default hereunder or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. In this regard. Developer specifically acknowledges that Agency is entering into this Agreement for the purpose of assisting in the redevelopment of the Site and the provision of affordable housing and not for the purpose of enabling Developer to speculate in land. Agency shall also have the right to pursue damages for Developer's defaults but in no event shall Developer be entitled to damages of any kind from Agency, except for damages for out-of-pocket losses resulting from non- performance by Agency of its covenants under this Agreement but excluding economic loss, lost profits, or any other economic or consequential damages of any kind. I �l ';I1 IIUflI.C, �..I IL 1 AI �' ti(?i:il r 5 Any legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in the Federal District Court in the Central District of California. In the event of any litigation between the parties hereto, the prevailing party shall be entitled to receive, in addition to the relief ranted, its reasonable attorney's fees and costs and such other costs incurred in investigating the action and prosecuting the same, including costs for expert witnesses, costs on appeal, and for discovery. 52S?i?E�610 L04? -3?- 403 M -M The laws of the State of California shalt govern the interpretation and enforcement of this Agreement. In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon any officer or director of the Developer and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. C. i `0 1 R 1`Ihts an i R :mt;L ies Are CLMILlstltlVe Except as otherwise expressly stated 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. L . `}{.r :iLit..ti�.�}�i `ct�L I'; , "AI V Cr Q L CitIL It Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. t i 51 ��� vi�:nnination by t1he evetloner Prior to Agency's conveyance of the Site to Developer, in the event that: a. Agency is in material default of this Agreement, and any such failure is not cured within thirty (30) days, or for those defaults which cannot reasonably be cured within thirty (30) days, commenced to be cured within said thirty (30) day period and thereafter diligently prosecuted to completion, after written demand by the Developer; or b. the Agency fails to satisfy any or all of Developer's Conditions to Close by the time established therefor in the Schedule of Performance; then, at the option of the Developer, upon written notice thereof to the Agency, all provisions of this Agreement shall terminate and be of no further force and effect; thereafter, neither the Agency nor the Developer shall have any further rights against or liability to the other with respect to this Agreement. s82I0I5610-0047 602595.01 a03.24'06 —J — 4o4 DRAFT Le i 11 Tcnrlipation b-, the A cncv_ In the event that prior to the close of the Escrow: a. The Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Site in violation of this Agreement; or b. There is a change in the ownership of the Developer contrary,, to the provisions of Section 109 hereof; or C. The Developer does not submit certificates of insurance, Evidence of Financing, construction plans, or drawings and related documents as required by this Agreement, in the manner and by the dates respectively provided in this Agreement therefor, or is otherwise in material default hereof, and such default or failure is not be cured within thirtv (30) days, or for those defaults which cannot reasonably be cured within thirty (30) days, commenced to be cured within said thirty (30) day period and thereafter diligently prosecuted to completion, after the date of written demand therefor by the Agency; or d. The Developer fails to satisfy any or all of Agency's Conditions to Close by the time established therefor in the Schedule of Performance; then, at the option of the Agency, upon such written notice thereof to the Developer as may be set forth above, this Agreement shall be tenninated, and thereafter neither party shall have any further rights or liability against the other under this Agreement. 2 ? ?til)i"i Aure tnent In addition to any rights and remedies available to Agency hereunder, Agency shall be entitled, in its sole and absolute discretion, to repurchase the Site, or a portion thereof, with all of the improvements thereon, from Developer in the event that, (1) Developer fails to commence construction of the Project ("Repurchase Option I"), (ii) after commencement of ly proceed with, and complete, construction of the construction, Developer fails to continuous Project ("Repurchase Option I1") within certain specified timeframes, or (iii) Developer transfers or suffers an involuntary transfer of the Site in violation of the terms hereof ("Repurchase Option III"). Said repurchase rights shall be as set forth in an option agreement to be recorded against the Site at the Closing, the form of which is attached hereto and incorporated herein as Attachment No. 8 ("Option Agreement"). G. 51 ' i f-igh1 0 I-cv,-r-'c ies available to Agency hereunder, Agency In addition to any rights and remed shall be entitled, in its sole and absolute discretion, to reenter and take possession of the Site, or portion thereof, with all of the improvements thereon, from Developer in the event (i) Developer fails to commence construction of the Project, (ii) that, after commencement of construction, Developer fails to continuously proceed with and complete, construction of the Project within certain, specified timeframes, or (iii) Developer transfers or suffers an involuntary transfer of the Site in violation of the terms hereof. Said reversion rights shall be as set forth in the Agency Regulatory Agreement. 1561)-a01 47 -34- (,92595_G f a63 24 '06 110 � tj DRAFT .�._..,...,—a"„ w... } _''. _.... ...,. 1f this Agreement is terminated for any reason, at the option of the Agency, which may be exercised in the Agency's sole and absolute discretion, the Developer shall deliver to the Agency an executed assignment in a form reasonably acceptable to the Agency of the Developer's right to use all plans, blueprints, drawings, sketches, specifications, tentative or final subdivision maps, landscape plans, utilities plans, soils reports, noise studies, environmental assessment reports, grading plans and any other materials relating to the construction of the Project on the Site (the "Plans"), together with copies of all of the Plans, as have been prepared for the development of the Site to date of the termination. Notwithstanding the foregoing, however, Developer does not covenant to convey to the Agency the copyright or other ownership rights of third parties. Agency understands and agrees that the assignment to Agency under this Section 514 is subject and subordinate to any assignment which Developer may make to a lender providing financing for the Project, and Agency agrees to execute any documents required by such lender acknowledging and effectuating such subordination of Agency's rights in and to the assignment. Agency's acquisition or use of the Plans or any of them shall be without any representation or warranty by Developer as to the accuracy or completeness of any such Plans, and Agency shall assume all risks in the use of the Plans. s_ Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if (1) delivered by hand, (ii) delivered by reputable san-le- day or overnight messenger service that provides a receipt showing date and time of delivery, or (Ili) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer at the addresses specified in Section 106 and 107, respectively. Such written notices, demands and communications may be sent in the saiine manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. Any written notice, demand, or communication shall be deemed received immediately if delivered by hand or delivered by messenger in accordance with the preceding paragraph, and shall be deemed received on the third (3rd) day from the date it is postmarked if delivered by registered or certified mail in accordance with the preceding paragraph. No member, officer, official, or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or einpIoyee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 891;015610-0047 -35- 692595.01 aO 2 t'06 DRAFT C. i 6031 Enforccd f' el : 1 Diet ii>�10 i i:��e; of 1'�rtc�� � ��i1�Le In addition to specific provisions of this Agreement, perfonnance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor; subcontractor or supplier; acts or omissions of the other party; acts or failures to act of the City of La Quinta, or the Agency, or any other public or governmental agency or entity (except that the acts or failures to act of the Agency shall not excuse performance by the Agency); or any other causes beyond the control or without the default of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days after the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and Developer. The Agency Executive Director shall also have the authority on behalf of Agency to administratively approve extensions of time not to exceed a cumulative total of one (1) year. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction financing for the development of the Site, or because of economic or market conditions. ilT�JtEi)n l..iiE)Yl`6E5C�E%iCi:�tiI) Iil �,It1 `Cl'i Cf# ii `S' it41 No member, official or employee of the Agency or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency or the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. lj..si 11��cr*���Ytat;c�t�; rliirti'{��rec��L1�t, 1 �1i� cr,;,ITac �mti is 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. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. Except as otherwise expressly provided, in any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. S-KIO 1561 G-004' _3 6_ 6y?S��S G1 303 24:`O6 407 a part hereof: DRAF'r The exhibits and attachments to this Agreement are incorporated herein and made Time is of the essence in the performance of this Agreement. Agency and Developer each represent and warrant to the other that it has not retained any real estate broker, agent, or finder in connection with this Agreement or the disposition or conveyance of the Site as set forth herein, and each shall indemnify, defend, and hold hannless the other from and against any claim or lawsuit (including attorneys fees) for the payment of any real estate commission or finder's or broker's fees arising out of this Agreement to the extent caused by the acts or omissions of the Agency or Developer as the case may be. l 0i8', Maintenance of' Book and Records Developer shall prepare and maintain all books, records, and reports necessary to substantiate Developer's compliance with the tenns of this Agreement. Agency shall have the right, upon not less than twenty-four (24) hours' notice, at all reasonable times during business hours, to inspect the books and records of the Developer pertinent to the purposes of this Agreement. Said right of inspection shall not extend to documents privileged under attorney -client or other such privileges. illClig,' l:" heel i) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives, successors, and assigns. This Agreement shall likewise be binding upon and obligate the Site and the successors in interest, owner or owners thereof, and all of the tenants, lessees, sublessees, and occupants of such Site. K. 0111 Severabili`V, Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. This Agreement may be executed in counterparts, each of which, when this Agreement shall have been signed by all the parties hereto, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8821415610.0647 692595.01 a0t"24AM -37- 4 n 8 DRAFT The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by either of the Parties hereto, the TCAC, the Conventional Lender, or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business tenns included herein. The Agency's Executive Director shall have the authority to approve, on behalf of the Agency, amendments to this Agreement that would not substantially alter the basic business terms or substantially increase the cost or risk of this Agreement to the Agency. All other amendments shall require the action of the Agency Board. All amendments, including those authorized to be approved by the Agency's Executive Director, shall be in writing and shall be signed by authorized representatives of Agency and Developer. The Agency's Executive Director shall have the authority, on behalf of the Agency, to approve extensions of time in Developer's performance under this Agreement, including, but not limited to, times of perfonnance set forth in the Schedule of Performance, for a cumulative period of up to one (1) year. [end — signature page and attachments follow] SH2 156 0-004 692595 01 at ); 24 06 - a 8- 409 DRAFT IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the respective dates set forth below. Dated: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency Dated: 2006 LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Its: Chairman COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation 2006 By: Its: By: Dated , 2006 Its: s82.:015o10-0047 692S95.01 aO3 24'06 �39_ 410 DRAFT ATTACHMENT NO. 1 SITE MAP [SEE FOLLOWING PAGE] 8?�2:0 i 5b 1'0-0047 697-541.i?; 303 24;0r, ATTACHMENTNO. 1 411 DRAFT (REPLACE THIS PAGE WITH SITE MAPJ 882;o1<610-0047 692595.01 a03 24,'06 41� DRAFT ATTACHMENT NO. 2 LEGAL DESCRIPTION [TO BE INSERTED] s�!.: (j 156 t o-004 ; 6925v 5.01 a03'24'06 ATTACHMENT NO. 2 413 DRAFT ATTACHMENT NO. 3 SCOPE OF DEVELOPMENT [TO BE INSERTED] S82;f;156; [)-(}U47 642555 0E a0124;06 ATTACHMENT NO. 3 414 DRAFT ATTACHMENT NO.4 SCHEDULE OF PERFORMANCE ACTIVITY TIME FRAME I l . Agency approves this Agreement. E Aril 4, 2006. 2. Agency and Developer execute . Within fourteen (14) business days of Agreement and open Escrow. approval of Agreement by Agency. 3. Developer provides evidence of insurance Within ten (10) days after approval of to Agency. Agreement by Agency. Agency approves or disapproves Within (_ } days after submittal. Developer's evidence of insurance. 4. Developer submits Evidence of Financing _ to Agency. Agency approves or disapproves Within days after submittal. Developer's Evidence of Financing. 1 _� 5. Developer submits initial set of Within seventy-five (75) days after approval documents to City as necessary to prepare of Agreement by Agency (for initial and process Specific Plan, tentative tract 4 submittal). i map and site development plan for the Project and thereafter diligently takes all necessary actions to obtain City approval of the same. r6. Developer prepares and submits to City t I Within seventy (70) days after City's t final tract map, grading plans, site approval of the items submitted in item 4. improvement plan and public works off - site improvements plans for the Project and thereafter diligently takes all necessary actions to obtain City approval of the same. 7. Developer processes through the City and Within three hundred thirty (330) days after obtains all of the remaining Project the Effective Date. Entitlements, including approval of building plans for the Project. j 8. E Developer submits application for MHP On or before the deadline for the April 2006 Loan. funding allocation._ ATTACHMENT NO. 4 6925145.01 ;WI za 00 Page l of 415 DRAFT ACTIVITY _ TIME FRAME 9. Developer executes and delivers to Agency or Escrow Agent Grant Deed, Agency Note, Agency Regulatory Agreement, Option Agreement, Agency , t Deed of Trust and Memorandum. 10. Agency executes and delivers to Escrow j Agency Grant Deed, Agency Regulatory Agreement, Option Agreement, Agency ' Deed of Trust and Memorandum. 11. Agency and Developer close Escrow on Within ten (10) business days after the City Agency's transfer of title to Site to approves the Project Entitlements, but in no Developer. event later than one (1) year after the ` Effective Date, and provided that Developer ` has satisfied all of the Agency's Conditions to Close. 12. Developer obtains building permits and Within sixty (60) days after close of Escrow. commences construction of the Project. 13. Developer obtains Agency Executive i ' Prior to issuance of certificate of occupancy Director's approval of Property Manager ' by City. f (Agency RegulatoryA Bement). 14. Developer or Property Manager submits Prior to issuance of certificate of occupancy for Executive Director's review and by City. approval, a marketing and management ' plan for the Project (Agency Regulatory I Agreement, 3 5). 15. Developer sets aside Operating Reserve Prior to or simultaneous with close of and provides evidence thereof to Agency Executive Director. (Agency Regulatory permanent loan. j Agreement). 1 16. r om letes construction of the Developer completes Within twenty-four (24) months after Project, obtains a certificate of occupancy performance of Item No. City (if annlionhiPl and reQUests Agency issuance of the Release of Construction Covenants. 17. Agency issues a Release of Construction Within ten (10) days after Agency receipt of Covenants for the improvements or written request from Developer for Release of ATTACHMENT NO. 4 881,01561 o-0047 Page 2 of 3 692595.01 a03 24 U6 := M ACTIVITY TIME FRAME provides Developer with a written Construction Covenants pursuant to Section explanation why a Release of 3 15 of the Agreement. Construction Covenants shall not be issued. ` i 18. Developer submits to Agency an On or before August 1 of each year accounting of the Capital Replacement subsequent to completion of construction of Reserve (Agency Regulatory Agreement). the Project. 19. Developer submits annual report pursuant Not later than the September l following the j to Health and Safety Code Section 33418 June 30 end of each fiscal year for tenn of the , 11 to Agency. Declaration.( It is understood that the foregoing Schedule is subject to all of the terms and conditions of the text of the Agreement. The summary of items of performance in the Schedule is not intended to supersede or modify any more complete description in the text; in the event of any conflict or inconsistency between this Schedule and text of the Agreement, the text of the Agreement shall govern. ATTACHMENT NO. 4 382:015610-0047 69=595.0: a,33 NxO6 Page 3 of 3 i t 7 DRAFT ATTACHMENT NO. S GRANT DEED [SEE FOLLOWING PAGES] 4 692595 01 W3o 2 ATTACHMENT NO. S �s2s��s a► �a3 ?a-06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G, Plaza 1 Indio, CA 92201 DRAFT SPACE. ABOVE "PHIS LINE FOR RECORDER'S USE In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor has declared the amount of the transfer tax which is due by a separate statement which is not being recorded with this Grant Deed. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) (the "Grantor"), hereby grants to COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation ("Grantee"), that certain real property ("Property") located in the City of La Quinta, County of Riverside, State of California, described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference, subject to all matters of record, and is further subject to the following: A. Reservation of Subsurface Rights. Grantor excepts and reserves from the conveyance herein described all interest of the Grantor in oil, gas, hydrocarbon substances, and minerals of every kind and character lying more than five hundred (500) feet below the surface, together with the right to drill into, through, and across, and to use and occupy all parts of the Property lying more than five hundred (500) feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances, or minerals from the Property or other lands, but without, however, any right to use the surface of the Property or any portion of the Property within five hundred (500) feet below the surface of the Property for such exploration. B. Conveyance in Accordance With Redevelopment Plan. The Property is conveyed in accordance with and subject to the Redevelopment Plan for Project Area No. 2 ("Redevelopment Plan"), a copy of which is on file with the City Clerk of the City of La Quinta, California. All uses on the Property shall conform to the uses permitted by the Redevelopment Plan. The foregoing shall remain in effect until the expiration of the Redevelopment Plan. C. Nondiscrimination. Grantee, on behalf of itself and its successors and assigns to all or any portion of the Property, covenants and agrees as follows: ATTACHMENT NO. 5 882 015610-0047 4.19 642595.01 A31 24 0n Page 1 of 6 DRAFT 1. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, or rental or in the use, occupancy, or enjoyment of the Property, nor shall the grantee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any portion thereof, The foregoing covenants shall run with the land and shall remain in effect in perpetuity. 2. The grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property, or contracts relating to the Property, on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deeds: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and 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, age ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land. herein conveyed. The foregoing covenants shall run with the land." b. In leases: "The lessee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this lease is made and accepted upon and subject to the following conditions: `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, age, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased."' C. In contracts pertaining to the realty: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of land." The foregoing nondiscrimination covenants shall remain in effect in perpetuity. D. Covenants Run With The Land. All covenants contained in this Grant Deed shall be covenants running with the land. ATTACHMENT NO. 5 $K!015610-0047 Page ? of 092595,01 a03%24;06 4 �•• U DRAFT E. Covenants for Benefit of Grantor. All covenants set forth in this Grant Deed, without regard to technical classification or designation, shall be binding for the benefit of the Grantor, and such covenants shall run in favor of Grantor for the entire period during which such covenants shall be in force and effect, without regard to whether the Grantor is or remains an owner of any land or interest therein to which such covenants relate. Grantor, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or equity or other property proceedings to enforce the curing of such breach. ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Agency Counsel X82:015610-0047 )93595.01 a03 24;06 "Grantor" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic 0 r Executive Director "Grantee" COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation 0 r Name: Its: ATTACHMENT NO. 5 Page 3 of 6 421 STATE OF CALIFORNIA COUNTY OF On personally appeared before me, DRAFT 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 On personally appeared Notary Public ss before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(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 sigrature(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] ATTACHMENT NO. S 882; 01561 0-0047 69259,.01 a63:?4;06 Page 4 of 6 j 2 2 STATE OF CALIFORNIA ) ss COUNTY OF On personally appeared before me, DRAFT 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] ATTACHMENT NO. 5 �1 sa<;a 15610-004'' 692595.01 a03,24a}6 Page 5 of 6 DRAFT EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the State of California, County of Riverside, City of La Quinta and is described as follows: [TO BE INSERTED] ATTACHMENT NO. S xs2:0 15610-004; Page 6 of 6 DRAFT ATTACHMENT NO. 6 PROMISSORY NOTE [TO BE INSERTED] r 8K 10i t110-001 LSzsss.W a03.24:06 ATTACHMENT NO. 6 DRAFT ATTACHMENT NO. 7 AGENCY DEED OF TRUST [SEE FOLLOWING DOCUMENT] 882 015610-0047 et)259>.01 a03,24,06 ATTACHMENT NO. 7 . 2. Recording Requested By And When Recorded Return to: La Quinta Redevelopment Agency '78-405 Calle Tampico La Quinta, CA 92253 Attn: Executive Director DRAFT JYt3L-C At3V V C i "ka LtivL i v.tea vva. ... EXEMPT FROM RECORDING FEE PER GOV. CODE �s 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS AND RIDER ATTACHED HERETO NOTE: RIDER ATTACHED TO THIS DEED OF TRUST CONTAINING TERNIS INCLUDING SECURITY AGREEMENT AND FIXTURE FILING. This DEED OF "TRUST WITH ASSIGNMENT OF RENTS AND RIDER ATTACHED HERETO ("Deed of Trust"), is made between COACHELLA VALLEY HOUSING COALITION, a Califomia nonprofit public benefit corporation, herein called TRUSTOR, whose address is 45-701 Monroe Street, Suite G, Plaza 1, Indio, California, 92201, Title Insurance Company, a California corporation, herein called TRUSTEE, and LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic, herein called BENEFICIARY. WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, Trustor's estate, dated on or about the date hereof, in that property in the City of La Quinta, County of Riverside, State of California, described in Exhibit "A" (the "Property"), together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing (1) payment of the sum of TWENTY-FIVE MILLION TWO HUNDRED FORTY-NINE THOUSAND FOUR HUNDRED ONE DOLLARS ($251,249,401), with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein: and (3) payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the Property above described, Trustor expressly snakes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terns and provisions set forth in subdivision A. and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18. 1964. in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTY BOOK PAGE COUNTY BOOT; PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE 187 Alameda 1288 556 Kings 858 713 Placer 1028' 166 3 79 1307 Sierra Siskiyou 38 S28 721 Alpine 3 130-31 Lake 437 192 110 Plumas 307 Riverside 3778 347 Solano 1067 Atnador 133 438 513 Lassen Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 'Ob? 421 427 Butte Calaveras 1330 185 338 Madera 911 136 San Benito 300 405 Stanislans €970 56 585 Colusa 323 391 Marin 1849 t22 San Bernardino 6213 768 Sutter 655 457 183 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 283 Tehatrta Trinity 1019 595 Del Norte 101 549 Mendocino 667 99 San Joaquin 753 San Luis Obispo 2855 1311 137 Tulare 21530 El Dot -ado 704 635 Merced 1660 191 93 San Mateo 4778 175 Tuolumne 177 108 60 Fresno 5052 623 76 Modoc Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 G1cnn Humboldt 469 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 693 Imperial 1189 101 Napa 704 742 Santa Cruz 1638 607 Yuba 398 Inv[ 165 672 Nevada 363 94 Shasta 800 633 ATTACHMENT NO. 7 S824015610-OQ47 Page I of 10 2. 6,42595 01 103!24 06 DRAFT COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Kern 3 756 690 Grano ge 7182 18 San Diego SERIES 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, term; and provisions contained in said subdivisions A and B (identical in all counties; and printed on pages 3 and 4 hereoo are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby.. provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. SEE RIDER ATTACHED TO THIS DEED OF TRUST STATE OF CALIFORNIA COUTNTY OF Signature ofTrustor it COACHELLA VALLEY HOUSING COALITION a California nonprofit public benefit corporation On _ _ __ By: before me, ' personally appeared. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herr'their authorized capacity(ies), and that by hisiher/their signatures(s} on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITLESS my hand and official seal. Signature (This area for official notarial seal) Signature Printed Name Its: ATTACHMENT NO-7 Y2-015610•CtG47 Page 7 of 10 U9'S9S.Ot aifi:2� 06 DRAFT DO NOT RECORD The following; is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: 1) To keep said property in good condition and repair, not to remove or demolish any building thereon; to complete or restore promptly and in a good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws affecting said properly or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, softer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at the option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice ofdefault hereunder or invalidate any act done pursuant to such notice. 3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. 4) To pay: at feast ten (10) days before delinquency ail taxes and assessments affecting said property including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto: all costs, fees and expenses of this Trust. Should Trustor fail to ►make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. S) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from the date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the; time when said statement is demanded. B. It is mutually agreed: I ) That any award in connection with any condemnation for public use of or injury' to said property or any part thereof is hereby assignedand shall be paid to Beneficiary who may, apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of Tire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right either to require prompt payment when dtte of all other sums so secured or to declare default for failure so to pay 3) That at any €ime or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of' this Deed and said note for endorsement, and without affecting the personal liability of any person fir payment of the indebtedness secured hereby, Trustee may rc convey any part of said property, consent to the making of any map or plait thereof; join in granting - any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof. 4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconv=eyance of any matters or facts shall be conclusive proof of the truthfulness thereof, The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto 5) That as additional security, Trustor hereby gives to and confers upon Beneticiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default (beyond any applicable cure period, and during the continuance of such default), Beneficiary may at any time without notice, either in person, by agent, or be a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof. in its own ATTACHMENT NO. 7 s81g3 of 10 015610-0047 Par 692595.01 a03 24 Q6 DRAFT name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may de:tennine. The entering upon and taking possession of said property, the collecting of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreeineett hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of det'ault and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed fir record. Beneficiary also shall deposit with Trustee this Deed, said note and all docutnetits evidencing espCiiditures secured hereby After the lapse of such time as may then be required by law following the recordation of' said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it inay determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the tirne fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of "Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or "Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor. Trustee and Beneficiary hereunder, the book and page: where this Deed is recorded and the name and address of the new Trustee. 8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatee:, devisees, administrators. executors, successors and assigns. The term Beneficiary shall mean the owner and holder. including pledgees, of the note secured hereby. whether or not named as Beneficiary herein In this Deed, whenever the context so requires, the masculine gender includes the fcininine and`or neuter, and the: singular number includes the plural 9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending safe under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by "Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO TRUSTEE: The undersigned is the legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terns of said Deed of Trust, to cancel said note or notes above mentioned, an all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the saine. Dated Please snail Deed of Trust, Note and Rcconveyance to Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be trade. ATTACHMENT NO. 7 8s2 015610-604" Page 4 of 10 /� '' Q 69'_595 01 a03,24'06 DRAFT LEGAL DESCRIPTION OF PROPERTY [TO BE INSERTED] ATTACHMENT NO. 7 69259 ,01 a001'2 Page S of 10 4 31 6�25�5.9E aU3;24`Qf, DRAFT RIDER TO DEED OF TRUST WITH ASSIGNMENT OF RENTS THIS RIDER TO DEED OF "TRUST WITH ASSIGNMENT OF RENTS ("Rider") is executed this day of , by COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation, herein "Trustor," in favor of the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic, herein "Beneficiary," the same parties to that certain form Deed of Trust With Assignment of Rents, of even date hereto, to which this Rider is attached. This Rider is made a part of and is incorporated into said Deed of Trust. This Rider shall supersede any conflicting term or provision of the form Deed of Trust to which it is attached. Reference is made to (1) that certain Note by and between Trustor and Beneficiary, dated on or about the date set forth above, the repayment of which by Trustor is secured by this Deed of Trust ("Agency Mote"), and (ii) to the Agency Agreements which are described in the Agency Note. The parties hereto agree: I . Property. The estate subject to this Deed of Trust is Trustor's fee estate in the real property legally described in the foregoing Deed of Trust to which this Rider is attached (the "Property"). ?. Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following obligations ("Secured Obligations"): Payment to Beneficiary of all indebtedness at any time owinL under the terms of the Agency Note; b. Payment and perfonnance of all obligations of Trustor under this Deed of Trust; C. Payment and performance of all obligations of Trustor under the Agency Agreements. d. Payment and perfonnance of all future advances and other obligations of Trustor or any other person, firm, or entity with the approval of Trustor, may agree to pay and/or perform (whether as principal, surety or guarantor) for the benefit of Beneficiary, when the obligation is evidenced by a writing which recites that it is secured by this Deed of Trust; and e. All modifications, extensions and renewals of any of the obligations secured hereby, however evidenced. 3. Obligations. The term "obligations" is used herein in its broadest and most comprehensive sense and shall be deemed to include, without limitation, all interest and charges, prepayment charges, late charges and fees at any time accruing or assessed on any of the Secured Obligations. ATTACHMENT NO. 7 s82:015610-0047 Page 6 o f 10 692595,01 a03,:24G6 g !v DRAFT 4. Incorporation. All terms of the Agency Note, Agency Agreements, and the Secured Obligations are incorporated herein by this reference. All persons who may have or acquire an interest in the Property shall be deemed to have notice of the terms of all of the foregoing documents. 5. Mortg_agee- in -Po ssession. Neither the assignment of rents set forth in the Deed of Trust nor the exercise by Beneficiary of any of its rights or remedies hereunder shall be deemed to make Beneficiary a "mortgagee -in -possession" or otherwise liable in any manner with respect to the Property, unless Beneficiary, in person or by agent, assumes actual possession thereof. Nor shall appointment of a receiver for the Property by any court at the request of Beneficiary or by agreement with Trustor, or the entering into possession of the Property by such receiver, be deemed to make Beneficiary a "mortgagee -in -possession" or otherwise liable in any manner with respect to the Property. 6. No Cure. In the event Beneficiary collects and receives any rents under the Deed of Trust upon any default hereof, such collection or receipt shall in no wav constitute a curing of the default, except if and to the extent the same are sufficient to cure all monetary defaults and no other defaults then exist. 7. Possession Upon Default. Upon the occurrence of and during the continuation of a default, Beneficiary, after having given notice and the applicable cure periods having expired with the default having not been cured (hereinafter, a "default"), may, at its option, without any action on its part being required and without in any way waiving such default, take possession of the Property in accordance with applicable law and have, hold, manage, lease and operate the same, on such terms and for such period of time as Beneficiary may deem proper, and may collect and receive all rents and profits, with full power to make, from time to time, all commercially reasonable alterations, renovations, repairs or replacements thereto as may seem proper to Beneficiary, and to apply such rents and profits to the payment of (a) the cost of all such alterations, renovations, repairs and replacements, and all costs and expenses incident to taking and retaining possession of the Property, and the management and operation thereof, and keeping the same properly insured; (b) all taxes, charges, claims, assessments, and any other liens which may be prior in lien or payment of the Agency Note, and premiums for insurance, with interest on all such items; and (c) the indebtedness secured hereby, together with all costs and attorney's fees, in such order or priority as to any of such items as Beneficiary in its sole discretion may determine, any statute, law, custom or use to the contrary notwithstanding. Any amounts received by Beneficiary or its agents in the pertbrmance of any acts prohibited by the terms of this assignment, including, but not limited to, any amounts received in connection with any cancellation, modification or amendment of any lease prohibited by the terms of this assignment and any rents and profits received by Trustor after the occurrence of a default shall be held by Trustor as trustee for Beneficiary and all such amounts shall be accounted for to Beneficiary and shall not be commingled with other funds of the Trustor. Any person receiving any portion of such trust funds shall receive the same in trust for Beneficiary as if such person had actual or constructive notice that such funds were impressed with a trust in accordance therewith. 8. Receiver. In addition to any and all other remedies of Beneficiary set forth under this Deed of Trust or permitted at law or in equity, if a default shall have occurred and not have ATTACHMENT NO. 7 82;0 15610-00147 Page 7 of 10 542595.0E aC3i211i06 g °' DRAFT been cured within any applicable cure period, Beneficiary, to the extent permitted by later and without regard to the value, adequacy or occupancy of the security for the Note and other sums secured hereby, shall be entitled as a matter of right if it so elects to the appointment of a receiver to enter upon and take possession of the Property and to collect all rents and profits and apply the same as the court may direct, and such receiver may be appointed by any court of competent jurisdiction by ex parte application and without notice, notice of hearing being hereby expressly waived. The expenses, including receiver's fees, attorneys' fees, costs and agent's compensation, incurred pursuant to the power herein contained shall be secured by this Deed of Trust. 9. Notice to Beneficiary. Notices to Beneficiary shall be sent to Beneficiary addressed to: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92263 Attn: Executive Director [SIGNATtiRE ON NEXT PAGE] ATTACHMENT NO. 7 S;i2r0 i SF i f)-ti%)M i 092595.01 a03 2a;0h Page 8 of 10 434 DRAFT IN WITNESS WHEREOF, Trustor has executed this Rider on the date of Trustor's acknowledgment herein below, to be effective for all purposes as of the day and year first set forth above. TRUSTOR: COACHELLA VALLEY HOUSING COALITION a California nonprofit public benefit corporation By: _ Signature Printed Name Its: ATTACHMENT NO. 7 8K:.,'oi5e,to-v(147 Page 9 of 1 � o92595.31 a(0 24 06 STATE OF CALIFORNIA ss. COUNTY OF DRAFT Oil _, 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] ATTACHMENT NO. 7 9820156W-0047 Page lU of lf7 < fi92595.0 i aO.?d Q6 g • >, j DRAFT ATTACHMENT NO.8 OPTION AGREEMENT [SEE FOLLOWING DOCUMENT] 69259 .0114 ,,2 ATTACHMENT NO. 8 692545.G'i a03�24;Ob FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director DRAFT (SPACE, ABUVL, 1H15 Ll1Vt: 1-UK K-LUUKUHNU uz7r-} (EXEMPT FROM RECORDING FEE PER GOV. CODE § 27383) OPTION AGREEMENT THIS OPTION AGREEMENT ("Option Agreement") is made this day of , (the "Effective Date"), by COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation ("Developer"), and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"). RECITALS A. Developer has entered into an Affordable Housing Agreement ("Affordable Housing Agreement") dated (the "AHA Date") with the La Quinta Redevelopment Agency ("Agency"), pursuant to which Agency conveyed to Developer that certain real property located northwest of the intersection of Avenue 48th and Dune Palms Road, in the City of La Quinta, County of Riverside, State of California (the "Site"). All defined terms used herein shall have the same meaning as set forth in the Affordable Housing Agreement unless otherwise stated. The Site is legally described in Exhibit "A" attached hereto and incorporated herein. B. As a condition to the Agency's conveyance of the Site to Developer, Developer was required to grant to Agency an option to repurchase the Site from Developer, if Developer fails to commence, continuously proceed with, or complete construction within certain specified time frames, all as further described herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and incorporating the above recitals and all of the tenns and conditions contained in the Affordable Housing Agreement, Developer hereby grants to Agency the following repurchase options: Repurchase Option I - Failure to Commence Construction Developer hereby grants to Agency an exclusive option to repurchase the Site ("Repurchase Option I") if Developer fails either (i) to commence construction of the Project (for the purposes of this Option Agreement, "commencement of construction of the Project" shall be defined as Developer's completion of grading activities (including mass grading and precise ATTACHMENT NO. 8 �81'015610-0047 Page I of 13 602595,01 a03;24:06 g DRAFT grading on the Site) within one hundred eighty (180) days after the Effective Date, subject to Sections 4(b) and 4(e) below. In the event of Developer's failure to commence construction within such one hundred eighty (180) day time period, Agency shall be entitled to exercise, but is not obligated to exercise, the foregoing option for a period of ninety (90) days following the expiration of the one hundred eighty (180) day period described above ("Repurchase Option I Period"). (a) Exercise of O tion Agency shall exercise the Repurchase Option I by giving written notice to Developer ("Agency's Notice of Option 1 Exercise"), in accordance with Section 5 of this Option Agreement, prior to the expiration of the Repurchase Option I Period. Failure of Agency to exercise the Repurchase Option I shall constitute a waiver by Agency of its exercise of this Repurchase Option I only, and shall not constitute a waiver by Agency of any remedies it may have under the terms of the Affordable Housing Agreement or of any other agreement for Developer's failure to timely commence construction (as defined herein or as such term may be defined in any other agreement). Any Agency waiver as described in the preceding sentence shall not be deemed a waiver of any other Developer breach of the terms or conditions of the Affordable Housing Agreement. (b) Repurchase Price and Escrow - Repurchase Option I Agency's repurchase price for the Site ("Repurchase Option I Repurchase Price") shall be Developer's Purchase Price for the Site (S 1.00). 2. Repurchase Option 11 - Failure to Continuously Proceed With or Comulete Construction Developer hereby grants to Agency an exclusive option to repurchase the Site ("Repurchase Option I1") if, after commencement of construction, Developer fails to continuously proceed with, and complete, construction of the Project on the Site (for purposes of this Option Agreement, "continuously proceed with construction" shall be defined as construction that is interrupted, if at all, for periods of no longer than sixty (60) days; and "completion of construction of the Project" shall be defined as the issuance by the City of La Quinta ("City") to Developer of a Certificate of Occupancy for the Project) within (__) months after commencement of construction, subject to Sections 4(b) and 4(e) below ("Completion Deadline"). In the event of Developer's failure to continuously proceed with, or to complete, construction of the Project by the Completion Deadline, Agency shall be entitled to exercise, but is not obligated to exercise, the foregoing option for a period of ninety (90) days following the Completion Deadline ("Repurchase Option 11 Period"). (a) Exercise of Option Agency shall exercise the Repurchase Option II by giving written notice to Developer, in accordance with Section 5 of this Option Agreement, prior to the expiration of the Repurchase Option 11 Period. Failure of Agency to exercise the Repurchase Option II shall constitute a waiver by Agency of Developer's breach of its obligation to timely complete construction. Any ATTACHMENT NO. 8 882;J15610-0047 Pa e ? of 13 Eu s9s.01 a03; 24 06 g 439 DRAFT Agency waiver as described in the preceding sentence shall not be deemed a waiver of any other Developer breach of the terms or conditions of the Affordable Housing Agreement. (b) Determination of Repurchase Price - Repurchase Option 11 Agency's repurchase price for the Site under Repurchase Option 11 (the "Repurchase Option 11 Repurchase Price"), shall be the sum of Developer's Purchase Price for the Site plus thirty-three and three -tenths percent (33.3%) of "Developer's Construction Costs." For purposes of this Option Agreement, the term "Developer's Construction Costs" shall mean, with respect to development of the Project to be constructed on the Site, the lesser of (i) construction costs actually incurred by Developer for development of the Project from the AHA Date to the date Agency exercises this Repurchase Option f l (the "Construction Period"), and (ii) the constructions costs for the Construction Period set forth in Developer's Project Pro Forma, attached to the Affordable Housing Agreement as Attachment No. 12, which costs may include (i) the amount paid by Developer to the contractor or contractors perfonning the works of improvement; (ia) reasonable inspection and testing costs paid by Developer to independent third party engineers or consultants in conjunction with said works of improvement (but not including costs, fees, charges, or profits allocated to Developer's own internal administrative, payroll, or overhead expenses or to any person or entity affiliated with Developer; (iii) costs and fees paid by Developer to independent third party engineers or consultants with respect to the planning, design, and engineering of the works of improvement (but not including costs, fees, charges, or profits allocated to the Developer's own internal administrative, payroll, or overhead expenses or to any person or entity affiliated with Developer); and (iv) the costs and fees incurred by Developer, if any, to obtain financing for the construction of the works of improvement. 3. Repurchase Option III - Transfer of the Site Developer hereby grants to Agency an exclusive option to repurchase the Site (Repurchase Option 111) if, prior to the time Agency issues a Release of Construction Covenants for the Project, Developer transfers or suffers an involuntary transfer of the Site in violation of the terms of the Affordable Housing Agreement. In the event of Developer's transfer of the Site in violation of the Affordable Housing Agreement, Agency shall be entitled to exercise, but is not obligated to exercise, the foregoing option for a period of ninety (90) days following the transfer that gives rise to Agency's option under this Section ("Repurchase Option III Period"). (a) Exercise of Option Agency shall exercise the Repurchase Option III by giving written notice to Developer ("Agency's Notice of Option III Exercise"), in accordance with Section 5 of this Option Agreement, prior to the expiration of the Repurchase Option III Period. Failure of Agency to exercise the Repurchase Option III shall constitute a waiver by Agency of its exercise of this Repurchase Option III only, and shall not constitute a waiver by Agency of any remedies it may have under the terms of the Affordable Housing Agreement or of any other agreement for Developer's failure to timely commence construction (as defined herein or as such tenn may be defined in any other agreement). Any Agency waiver as described in the preceding sentence shall not be deemed a waiver of any other Developer breach of the terms or conditions of the Affordable Housing Agreement. ATTACHMENT NO. S s8 015610-0047 Page 3 o f 13 6,92595.01 a03;'24;'06 g ` DRAFT (b) Repurchase Price and Escrow - Repurchase Option III Agency's repurchase price for the Site ("Repurchase Option III Repurchase Price") shall be as follows: (i) In the event Developer has not yet commenced construction of the Project at the time Agency exercises its Repurchase Option III, Agency's Repurchase Option III Price shall be the Repurchase Option I Repurchase Price, as set forth in Section l(b) of this Option Agreement. (ii) In the event Developer has commenced construction of the Project at the time Agency exercises its Repurchase Option III, Agency's Repurchase Option III Repurchase Price shall be the Repurchase Option II Repurchase Price, as set forth in Section 2(b) of this Option Agreement. 4. Additional Terms Applicable to the Repurchase Options The following additional terms shall apply to Repurchase Option 1, Repurchase Option 11, and Repurchase Option III, as applicable: (a) Successors and Assigns. The Repurchase Option I, Repurchase Option II, and Repurchase Option III created hereby shall be irrevocable by Developer and shall be binding upon the successors and assigns of Developer. (b) Developer's Right to Cure Certain Defaults. Notwithstanding anything herein to the contrary, Agency shall not be entitled to exercise Repurchase Option I, Repurchase Option 11, or Repurchase Option III until Agency has provided a written notice to Developer regarding (1) Developer's failure to commence, continuously proceed with, or complete, construction of the Project, or (ii) Developer's transfer of the Site in violation of the Affordable Housing Agreement, as applicable (with each of (i) and (ii) above referred to hereinafter as an "Option Triggering Event"), and Developer has not, within thirty (30) days after receipt of such notice, cured, corrected, or remedied such Option Triggering Event, or, for those Option Triggering Events that cannot reasonably be cured, corrected, or remedied within thirty (30) days, commenced to cure, correct or remedy such Option Triggering Event within said thirty (30) day period, and diligently prosecute the same to completion. (c) No Agency Obligation. Notwithstanding any covenant, term, or provision in this Section 4 to the contrary, Agency shall not be obligated to exercise Repurchase Option I, Repurchase Option 11, or Repurchase Option III, or once exercised, to close escrow. Agency shall not be liable to Developer for any costs incurred by Developer occasioned by Agency's decision not to close escrow. ATTACHMENT NO. 8 881015610-004; Page 4 of 13 441 692595.01 aW C4Z 96 DRAFT (d) Termination. In the event Developer commences and completes construction of the Project and Agency has not exercised Repurchase Option I, Repurchase Option 11, or Repurchase Option III, Agency shall execute and record a termination of this Option Agreement within fifteen (15) business days after the final and permanent Certificate of Occupancy is issued by the City. (e) Enforced Delay. Notwithstanding anything to the contrary herein, in addition to specific provisions of this Option Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; acts of the other party; acts or the failure to act of a public or governmental agency or entity (except that acts or the failure to act of Agency shall not excuse performance by Agency unless the act or failure is caused by the acts or omissions of Developer); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. In the event of such a delay (herein "Enforced Delay"), the party delayed shall continue to exercise commercially reasonable efforts to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the Enforced Delay, and shall commence to run from the time of the commencement of the cause, provided notice by the party claiming such extension is sent to the other party within thirty (30) days following the commencement of the cause. The following shall not be considered as events or causes beyond the control of Developer, and shall not entitle Developer to an extension of time to perfonn: (i) Developer's failure to obtain financing for the Project, (ii) Developer's failure to negotiate agreements with prospective tenants or users for the Project, (iii) interest rates or (iv) economic or market conditions. Times of performance under this Option Agreement may also be extended by mutual written agreement by Agency and Developer. Agency's Executive Director shall also have the authority on behalf of Agency to administratively approve extensions of time not to exceed a cumulative total of one (1) year. (f} AencV's Invest�ation of Site. Agency shall have forty-five (45) days after the occurrence of an event that triggers Agency's ability to exercise any of Repurchase Option I, Repurchase Option 11, or Repurchase Option III to enter upon the Site to conduct any tests, inspections, investigations, or studies of the condition of the Site. Developer shall permit Agency access to the Site for such purposes. Agency's obligation to close "Escrow" (as defined below) shall be subject to Agency's approval of any environmental and other site testing conducted by Agency in Agency's discretion. Agency shall indemnify, defend, and hold harmless Developer ATTACHMENT NO. 8 692'S95.01a0Y2 Page 5 of 13 4440. 69Z595.fi1 a{ii?4i06 DRAFT and its officers, directors, shareholders, employees, agents, and representatives from and against all claims, liabilities, or damages, and including expert witness fees and reasonable attorney's fees and costs, arising out of any such testing, inspection, or investigatory activity on the Site (or applicable portion thereof). (g) Escrow Provisions. i) Within five (5) business days after Agency has exercised Repurchase Option 1, Repurchase Option II, or Repurchase Option III (as applicable), or as soon thereafter as reasonably practicable, an escrow shall be opened ("Escrow") with an escrow company selected by Agency for the reconveyance of the Site (or applicable portion thereof) to Agency ("Escrow Holder"). Escrow shall be deemed opened on the date that a fully executed copy of this Option Agreement and a notice of exercise of option prepared by Agency are delivered to Escrow Holder ("Opening of Escrow"). Escrow Holder shall notify Developer and Agency in writing of the date of the Opening of Escrow promptly following the opening of the Escrow. ii) Escrow shall close on or before the date that is ninety (90) days after the Opening of Escrow ("Close of Escrow" or "Closing Date"). The terms "Close of Escrow" and "Closing Date" shall mean the date the grant deed conveying fee title to Agency ("Agency Grant Deed") is recorded in the Office of the County Recorder of the County of Riverside, State of California. Possession of the Site shall be delivered to Agency at the Close of Escrow. iii) This Option Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of Developer and Agency to Escrow Holder as well as an agreement between Developer and Agency. In the event of any conflict between the provisions of this Option Agreement and Escrow Holder's standard instructions, this Option Agreement shall prevail. iv) The Escrow shall be subject to Agency's approval of a then -current preliminary title report. Any monetary lien(s) or encumbrance(s) shown on such preliminary title report that is (are) created concurrent with or after the close of escrow that conveyed the Site from Agency to Developer shall be removed by Developer at its sole expense prior to the Close of Escrow pursuant to this Section 4(g) unless such exception(s) is (are) accepted by Agency in its sole discretion; provided, however, that Agency shall accept the following exceptions to title: (i) current taxes not yet delinquent, (ii) matters affecting title existing on the date of recordation of the Grant Deed to the Site (in the form of Attachment No. 5 to the DDA); and (iii) matters shown as printed exceptions in the standard form ALTA policy of title insurance. In the event the Site is encumbered by a ATTACHMENT NO. 8 - 2*;015610.00.4 Page 6 of 13 t,925 5,01 au3,24:06 443 DRAFT mortgage or deed of trust, Agency shall be permitted to unilaterally instruct Escrow Holder to satisfy the indebtedness secured thereby out of the proceeds payable to Developer through the foregoing Escrow. Any additional amount necessary to satisfy such indebtedness shall be paid by Developer. v) On or before 1:00 p.rn. on the last business day preceding the scheduled Closing Date, Agency shall deposit in Escrow (1) the applicable of the Repurchase Option I Repurchase Price, the Repurchase Option 11 Repurchase Price, or the Repurchase Option III Repurchase Price; (ii) one- half (1/2) of the escrow fees; (ill) the portion of the title insurance premium attributable to any extra or extended coverages, or any additional charge resulting from Agency's request that the amount of insurance be higher than the applicable of the Repurchase Option 1 Repurchase Price, the Repurchase Option I1 Repurchase Price, or the Repurchase Option Ill Repurchase Price; and (iv) any and all additional instruments or other documents required from Agency (executed and acknowledged if appropriate) as may be necessary in order to effect the transfer of the Site, or applicable portion thereof, to Agency. On or before 1:00 p.m. on the last business day preceding the scheduled Closing Date, Developer shall deposit in Escrow (i) the Agency Grant Deed, executed and acknowledged; (ii) one-half (lit) of the escrow fees; and (iii) any and all additional instruments or other documents required from Developer (executed and acknowledged if appropriate) as may be necessary in order to effect the transfer of the Site, or applicable portion thereof, to Agency. Developer shall also be required to pay for documentary tax stamps, recording fees, and for an ALTA standard form owner's policy of title insurance in the amount of the Repurchase Option I Repurchase Price, the Repurchase Option 11 Repurchase Price, or the Repurchase Option Ill Repurchase Price (as applicable), showing title vested in Agency free and clear of all liens and encumbrances except those permitted by paragraph (iv) above (the "Title Policy"). Agency's receipt of the Title Policy shall be a condition to the Close of Escrow. Any other costs and expenses shall be allocated between the parties in the manner customary for a commercial property conveyance in Riverside County. vi) If, on or before the Closing Date, Escrow Holder has received all of the documents and funds listed in paragraph (v) above, and Escrow Holder is in a position to cause the Title Policy to be issued to Agency, and provided Agency has approved of the condition of the Site, or applicable portion thereof; Escrow Holder shall close the Escrow by taking the following actions: (0 recording the Agency Grant Deed in the office of the County Recorder of the County of Riverside, California, and delivering the recorded Agency Grant Deed to Agency; (it) causing the Title Policy to be issued to Agency; and (iii) delivering the applicable of the Option I Repurchase Price, the Option 11 Repurchase Price, or the Option Ill Repurchase Price to Developer. ATTACHMENT NO. 8 RM 156100047 Page 7 of 13 6142595.01 a03, 24/G6444 DRAFT (h) Agency's Right to Acquire the Site. Notwithstanding anything herein to the contrary, upon Agency's exercise of Repurchase Option I, Repurchase Option 11, or Repurchase Option Ill, Developer's commencement to cure the default that led to Agency's exercise shall not affect Agency's right to close the Escrow and acquire the Site (or applicable portion thereof. 5. Notices Demands and Communications Between the Parties Formal notices, demands, and communications between Agency and Developer shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director Rutan & Tucker, LLP With a copy to: 611 Anton Blvd., Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson, Esq. Coachella Valley Housing Coalition To Developer: 45-701 Monroe Street, Suite G Plaza i Indio, California 92201 With a copy to: Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by snail. 6. Agency's Option to Acquire Plans 1f Agency exercises Repurchase Option 1, Repurchase Option 11, or Repurchase Option III in accordance with this Agreement, at the option of the Agency, which may be exercised in the Agency's sole and absolute discretion, the Developer shall deliver to the Agency an executed assignment in a form reasonably acceptable to the Agency of the Developer's right to use all plans, blueprints, drawings, sketches, specifications, tentative or final subdivision maps, landscape plans, utilities plans, soils reports, noise studies, environmental assessment reports, ATTACHMENT NO. 8 9810 15510-0047 Page 8 of 13 4-5 DRAFT grading plans and any other materials relating to the construction of the Project on the Site (the "Plans"), together with copies of all of the Plans, as have been prepared for the development of the Site to date of the termination. Notwithstanding the foregoing, however, Developer does not covenant to convey to the Agency the copyright or other ownership rights of third parties. Agency shall assume all risks in the use of the Plans. 7. Applicable Law and Forum; Attomey's Fees The Superior Courts of the State of California in the County of Riverside shall have the exclusive jurisdiction of any litigation between the parties arising out of this Option Agreement. This Option Agreement shall be governed by, and construed under, the laws of the State of California. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Option Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Option 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. Service of process on Agency shall be made in the manner required by law for service on a public entity. Service of process on Developer shall be made in any manner permitted by law and shall be effective whether served within or outside of California. If either party to this Option Agreement is required to initiate or defend, or is made a party to, any action or proceeding in any way connected with this Option Agreement. the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorney's fees. Attorney's fees shall include reasonable costs for investigating such action, conducting discovery, retaining expert witnesses, and all other necessary costs the court allows which are incurred in such litigation. Nonliability of Agency Officials and Employees No officer, official, employee, agent, or representative of Agency shall be personally liable to Developer or any successor in interest, in the event of any default or breach by Agency, or for any amount which may become due to Developer or its successor, or for breach of any obligation of the terms of this Option Agreement. 9. Nondiscrimination Developer covenants for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry with respect to this Option Agreement or use of the Site. 10. Interpretation The tenns of this Option Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Option Agreement or any other rule of construction which might otherwise ATTACHMENT NO. 8 882;01 10-0047 Page 9 of 13 416 692595.01 dog: -'a J6 g DRAFT apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Option Agreement. 11, Entire A Bement This Option Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Option Agreement must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of Agency and Developer. 12. Counterparts This Option Agreement may be executed in counterparts, each of which, after all the parties hereto have signed this Option Agreement, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 13. Severability 1n the event any section or portion of this Option Agreement shall be held, round, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this Option Agreement. s�2 015610-0047 692595.01 a03r24 06 [END - SIGNATURES ON NEXT PAGE] ATTACHMENT NO. 8 Page 10 of 13 447 DRAFT IN WITNESS WHEREOF, the parties have executed this Option Agreement as of the date first above written. "DEVELOPER" COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation By: Name: Its: "AGENCY" LA QUINTA REDEVELOPMENT AGENCY a public body, corporate and politic M Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency ATTACHMENT NO. 8 882-015610-0041 Pa I l of I3 E92595.01 a0 t'24'06 A48: STATE OF CALIFORNIA } ss COUNTY OF ) On personally appeared , before me, DRAFT 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 On personally appeared Notary Public ss } before me, 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] ATTACHMENT NO, 8 98101 5610-OC-47 Page 1 ? of 13 692 95-0 t a03'g _'4'06 449 DRAFT EXHIBIT "A" LEGAL DESCRIPTION OF THE SITE [See Following Page] ATTACHMENT NO. 8 88101561a-0047 Page 13 f 13 692o 595.Oi au; 244,6 r" DRAFT ATTACHMENT NO. 9 REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS [TO BE INSERTED] 6g259 .01 af)Q2 ATTACHMENT NO. 9 69?595.�}i �i?3!?4r06 DRAFT ATTACHMENT NO. 10 RELEASE OF CONSTRUCTION COVENANTS [TO BE INSERTED] 8+',iO 15610.0047 695q5 Gi a0324,06 ATTACHMENT NO. 10 452 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: La Quinta Redevelopment Agency 75-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director [NOTE- RECORD AS PARTIAL RELEASE OF AGREEMENT D R A FT (Space Above Line for Recorder's Use Only) (Exempt from Recording Fee per Goti,. Code 27383) RELEASE OF CONSTRUCTION COVENANTS WHEREAS, COACHELLA VALLEY HOUSING COALITION, a California nonprofit corporation ("Developer"), is the owner of fee title to that certain real property legally described in Exhibit "A" attached hereto and incorporated herein by reference (the "Site"); and WHEREAS, by an Affordable Housing Agreement (hereinafter referred to as the "Agreement") dated _, by and between Developer and the La Quinta Redevelopment Agency, a public body corporate and politic ("Agency"), Developer has redeveloped the Site in accordance with the Agreement; and WHEREAS, pursuant to Section of the Agreement, promptly after Developer's completion of the "Project" (as that term is defined in the Agreement) upon the Site, and upon request by Developer, Agency shall furnish Developer with a Release of Construction Covenants in such fonn as to permit it to be recorded in the Official Records of the County of Riverside; and WHEREAS, the issuance by Agency of the Release of Construction Covenants shall be conclusive evidence that Developer has complied with the terms of the Agreement pertaining to the rehabilitation of the Site; and WHEREAS, Developer has requested that Agency furnish Developer with the Release of Construction Covenants; and WHEREAS, Agency has conclusively determined that the rehabilitation of the Site has been satisfactorily completed as required by the Agreement; NOW, THEREFORE: i . As provided in the Agreement, Agency does hereby certify that rehabilitation of the Site has been fully and satisfactorily performed and completed, and that such rehabilitation is in full compliance with said Agreement. 4 ATTACHMENT NO. 10 ;; '3 h Page 1 of 5 DRAFT 2. This Release of Construction Covenants shall not constitute evidence of Developer's compliance with the following agreements, the provisions of which shall continue to run with the land until termination thereof in accordance with the terms thereof: (1) Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing, by and between Developer as borrower and Agency as beneficiary, dated and recorded on , as Instrument No. in the Office of the Riverside County; and (ii) Regulatory Agreement and Declaration of Covenants and Restrictions by and between Developer and Agency, and recorded on , as Instrument No. in the Office of the Riverside County Recorder. 3. This Release of Construction Covenants shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof. 4. This Release of Construction Covenants is not a Notice of Completion as referred to in California Civil Code Section 3093. 5. Except as stated herein, nothing contained in this instrument shall modify in any way any other provisions of the Agreement or any other provisions of any agreements or documents referenced therein. IN WITNESS WHEREOF, Agency has executed this Release of Construction Covenants as of this day of , LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic 0 Executive Director 4 ATTACHMENT NO. 10 S9259 .01 a0';2 Page.) of 5 a� DRAFT CONSENT TO RECORDATION COACHELLA VALLEY HOUSII�rG COALITION ("Owner"), owner of the fee interest in the real property legally described in Attachment No. 1 hereto, hereby consents to the recordation of the foregoing Release of Construction Covenants against said real property. Ef9�iG$,OI aLi3.2v:��Cti COACHELLA VALLEY HOUSING COALITION, a California nonprofit benefit corporation m Its: ATTACHMENT NO. 10 455 Page 3 o f 5 STATE OF CALIFORNIA } ss. COUNTY OF DRAFT 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 names) 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 COUNT)' 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/shei 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] r ATTACHMENT NO. 10 882,01156 10-0047 692595.0; a03;'21 Oo Page 4 of 5 DRAFT EXHIBIT "A" LEGAL DESCRIPTION OF SITE [TO BE INSERTED] ATTACHMENT NO. 10 495 sit i)15b10-004 c 692595 01 a03;24J)b Page 5 O1 5 DRAFT ATTACHMENT NO. l l MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT [SEE ATTACHED DOCUMENT] 882i01561 ti-EIr�.17 09259s_o1 a03;'24,06 ATTACHMENT NO. l l RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director DRAFT (Space Above For Recorder's Use) This Memorandum of Affordable Housing Agreement is recorded at the request and for the benefit of the La Quinta Redevelopment Agency and is exempt from the payment of a recording fee pursuant to Government Code § 27383. MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT This MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT ("Memoran- dum") is entered into this day of , 2006, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), and COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation ("Developer"). This Memorandum is made with reference to the following: 1. On or about the date of this Memorandum, Developer acquired from Agency fee title to that certain real property located in the City of La Quinta, County of Riverside, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and incorporated herein by this reference (the "Property"). 2. On or about , Agency and Developer entered into that certain Affordable Housing Agreement which provides for Developer to rehabilitate the Property. The definitions of all terms contained in the Affordable Housing Agreement shall apply to this Memorandum. 3. The Affordable Housing Agreement provides for Agency and Developer to enter into this Memorandum and to record the same in the Official Records of the County of Riverside to provide notice to all persons of the existence of said Affordable Housing Agreement and to cause the Affordable Housing Agreement to run with the Property and be binding on Owner and Owner's successors -in -interest as to the Property. 4. This Memorandum may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. ATTACHMENT NO. 1 l 891,01561fl-(i047 �� o92595.01 �,03 4. , �, Page 1 o f 4 `� DRAFT IN WITNESS WHEREOF, Agency and Developer have entered into this Memorandum as of the date first set forth above. ATTEST: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency "Agency„ LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Its: Executive Director "Developer" COACHELLA VALLEY HOUSING COALITION, a California nonprofit, public benefit corporation 0 Its: ATTACHMENT INTO. I I 8810 156 10-0047 page 2 of � 692595.01 a63,74-06 DRAFT STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE } 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 RIVERSIDE ) 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] ATTACHMENT NO. I 1 982,015610-0447 3 692595.o1 aDi'24 �i6 Page of 4 DRAFT EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to herein is described as follows: ATTACHMENT NO. 114. 882015610-0047 Page 4 of 4 6L)2595.01 a031'24 00 DRAFT ATTACHMENT NO. 12 PROJECT BUDGET [TO BE INSERTED] ATTACHMENT NO. 121 69250,01 a03:24.06 DRAFT ATTACHMENT NO. 13 PROJECT PROFORNIA [TO BE INSERTED] ATTACHMENT NO. 13 X�' `"� �'t ' Page 1 of 1 Wanda Wise -Latta From: Gary Kennedy [gary@abrahamkennedy.com] Sent: Tuesday, April 04, 2006 12:51 PM To: Wanda Wise -Latta Subject: Coachella Valley Housing Coalition Apartments Dear City Council Members, Coming before your review is the Coachella Valley Housing Coalition's plans for 468 low income apartments to be built on the corner of Dune Palms and 48th. Please, do not approve this project. This is too many apartments in one place and will greatly affect the surrounding neighborhoods. This will bring a huge amount of residents who are low income, out of work or with some disadvantage to this one small area between Rancho La Quinta, Miraflores and other neighborhoods. My fears are that there is going to be a very large "slum" right in the heart of La Quinta. This project is too lame! I have lived in La Quinta since 1988 and this is the worst idea for this city I have seen. If this is approved by the council, I will help bring this to the citizens of La Quinta for a vote. Thank You, Gary Kennedy 4 6 .) 4/4/2006