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2006 08 01 CCe4 4 4 adja 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 TUESDAY, AUGUST 1, 2006 — 2:00 P.M. Beginning Resolution No. 2006-084 Ordinance No. 430 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 acquisition of real property is considered. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTER DRIVE. PROPERTY OWNER/NEGOTIATOR: STAMKO DEVELOPMENT COMPANY, CHRIS CLARKE. City Council Agenda 1 August 1, 2006 .f 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND PALM ROYALE. PROPERTY OWNER/NEGOTIATOR: THE ROBERT MAYER CORPORATION, ROBERT L. MAYER JR. 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. CONFIRMATION OF AGENDA PRESENTATIONS - NONE WRITTEN COMMUNICATIONS - NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JULY 18, 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 AUGUST 1, 2006. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE NATIONAL PARK AND RECREATION ASSOCIATION 2006 CONGRESS IN SEATTLE, WASHINGTON, TO BE HELD OCTOBER 10-14, 2006. City Council Agenda 2 August 1, 2006 ♦1 3. DENIAL OF CLAIM FOR DAMAGES FILED BY MIGUEL ISIJARA: DATE OF LOSS — FEBRUARY 9, 2006. 4. APPROVAL TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH TRI-STATE FOR CONSTRUCTION SURVEYING SERVICES. 5. APPROVAL TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH LANDMARK FOR MATERIALS TESTING SERVICES. 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF - SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES. 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES. 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES. 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-2, QUAIL RUN, EHLINE BUILDERS AND DEVELOPERS. 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFF -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-1, RANCHO SANTANA, DESERT CHEYENNE. 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ON -SITE IMPROVEMENTS FOR A PERIOD OF ONE YEAR FOR TRACT MAP 31202-1, RANCHO SANTANA, DESERT CHEYENNE. 13. APPROVAL TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SOUTHERN CALIFORNIA SOIL AND TESTING FOR MATERIALS TESTING SERVICES. 14. ADOPTION OF A RESOLUTION APPROVING THE CITY'S AMENDED BICYCLE TRANSPORTATION PLAN FOR FISCAL YEAR 2006/2007. 15. APPROVAL OF A CONTRACT SERVICES AGREEMENT WITH THE LA QUINTA PLAYHOUSE FOR THE 2006/2007 PERFORMING ARTS SEASON. City Council Agenda 3 August 1, 2006 3 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2006 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE, NOVEMBER 30- DECEMBER 1, 2006 IN SACRAMENTO, CALIFORNIA. 17. APPROVAL OF A RATIFICATION OF A CONTRACT WITH LENNAR HOMES BY THE CITY MANAGER FOR THE PAVEMENT REHABILITATION OF FRED WARING DRIVE FROM JEFFERSON STREET TO PORT MARIA ROAD. 18. ACCEPTANCE OF WASHINGTON STREET MEDIAN IMPROVEMENTS, PROJECT NO. 2003-09, AND APPROVE CHANGE ORDER NO. 6. 19. APPROVAL TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CONSTRUCTION INSPECTION AND MANAGEMENT SERVICES. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. A. MINUTE ORDER ACTION 2. CONSIDERATION OF A FACILITY USE AGREEMENT WITH THE LA QUINTA ARTS FOUNDATION FOR THE USE OF THE CIVIC CENTER CAMPUS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF CIVIC CENTER CAMPUS ACKNOWLEDGEMENT AREA APPLICATIONS. A. MINUTE ORDER ACTION 4. CONSIDERATION OF TOBACCO LICENSING AND ENFORCEMENT EFFORTS AND AN ORDINANCE REGARDING LICENSING TOBACCO RETAILERS IN THE CITY OF LA QUINTA. A. MOTION TO TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FUTURE READING. B. INTRODUCE ORDINANCE ON FIRST READING. 5. CONSIDERATION OF EVENT PLAN AND LOGO FOR THE 25T" ANNIVERSARY CELEBRATION. A. MINUTE ORDER ACTION 4 City Council Agenda 4 August 1, 2006 6. CONSIDERATION OF A RESOLUTION OF SUPPORT FOR THE SALTON SEA AUTHORITY PLAN FOR MULTI -PURPOSE PROJECT AND AN APPROPRIATION OF $5,000 FOR COMMUNITY OUTREACH. A. RESOLUTION ACTION STUDY SESSION - NONE 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) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 10. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 11. 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. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 17. SILVERROCK SUBCOMMITTEE 18. COMMUNITY SERVICES COMMISSION MINUTES DATED JULY 10, 2006 19. INVESTMENT ADVISORY BOARD MINUTES DATED JUNE 14, 2006 DEPARTMENT REPORTS 1. CITY MANAGER A. DEPARTMENT REPORT REGARDING LENGTH AND EFFICIENCY OF COUNCIL MEETINGS B. LA QUINTA'S SPHERE OF INFLUENCE UPDATE C. REPORT REGARDING CITY COUNCIL MEETING OF SEPTEMBER 5, 2006 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 5 City Council Agenda 5 August 1, 2006 6. COMMUNITY SERVICES DEPARTMENT MONTHLY REPORT - NONE 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 - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 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. PRESENTATIONS 1 . YMCA ART WALL PRESENTATION. 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. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-760 AVENIDA VALLEJO BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DEIDRE MOORE. A. MINUTE ORDER ACTION G City Council Agenda 6 August 1, 2006 2. CONTINUED JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION (SDHDC) TO CONVEY CERTAIN PROPERTY LOCATED AT 78-990 MILES AVENUE AND SCHDC'S SUBSEQUENT OWNERSHIP AND OPERATION OF AN AFFORDABLE RENTAL HOUSING DEVELOPMENT CONSISTING OF 80 DWELLING UNITS RESTRICTED FOR RENTAL TO AND OCCUPANCY BY VERY LOW INCOME FAMILY HOUSEHOLDS AT RENT AFFORDABLE TO SUCH HOUSEHOLDS. A. RESOLUTION ACTION ADJOURNMENT Adjourn to a regularly scheduled meeting of the City Council to be held on September 5, 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. DECLARATION OF POSTING I, Deborah H. Powell, Interim City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of August 1, 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 July 28, 2006. DATED: July 28, 2006 DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California City Council Agenda 7 August 1, 2006 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777- 7103, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7030. 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 8 August 1, 2006 / T v = � AGENDA CATEGORY: 5 OF 9ti COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Demand Register Dated August 1, 2006 RECOMMENDATION: Approve Demand Register Dated August 1, 2006 BACKGROUND: Prepaid Warrants: 69309 - 69321 } 65,415.49 69322 - 693411 411,882.04 Voids} (534.53) Wire Transfers} 455,300.03 P/R 33329 - 33348) 170,231.75 P/R Tax Transfers} 47,332.39 Payable Warrants: 69342 - 69466} 1,799,649.01 $2,949,276.18 FISCAL IMPLICATIONS: Demand of Cash -City $2,028,102.75 Demand of Cash -RDA $921,173.43 John M. Falconer, Finance Director . _.. BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 9 CITY OF LA QUINTA BANK TRANSACTIONS 07/12/06 - 07/26/06 07/12/06 WIRE TRANSFER - PERS 07/12/06 WIRE TRANSFER - ICMA 07/14/06 WIRE TRANSFER - WATERCOLORS 2ND TD 07/18/06 WIRE TRANSFER - LANDMARK GOLF 07/18/06 WIRE TRANSFER - WATERCOLORS 2ND TD 07/21/06 WIRE TRANSFER - ICMA 07/25/06 WIRE TRANSFER - LANDMARK GOLF TOTAL WIRE TRANSFERS OUT $42, 356.87 $7,304.31 $48, 000.00 $208, 099.91 $48,000.00 $625.00 $100, 913.94 $455, 300.03 1 4, tr D 1 I o I 1 0 M o O 0 t O O 10 ti I V Q 1 w O I w F- I n ti f` Ln N O a- O 1 2 o 1 H IT O Ib N r 00 10 w Nat I V F 1 O N •O - 10 ti f9 W I 1 > Q co I 1 d E I I G i,3 1 1 O z 1 1 H I 1 rY H I I w w I I n O 1 1 O W 1 F z 1 Z K I Z H I -K 4c Z I S W I I I 00 10 MW 011­M Ill 0. 0 O,t �O Wt 0` O, In tr -NOM a OOOo00 0000 NNt O 1 \1 ut ul 00 tc-�O EOM 000 u1 M �O 00 tIn 0ul 0. 00 O.� MNOuI 00 000000 000o wwlo u I W U I u I utn I tt tin M10olMtn01wr-r­M01in0't 0014P- I,- N�Otn 'O'O OtInMON locoloo o0a- Q I ZH I MM 010, tr M 00'T tti Mt 10 N LnO Mtn Tw In In MNtMtfr MHO to 00 OO W`O I Q o 1 In ul N N 10 e- M N 'O t tr r­ I 1-- LL I I H O I 1 I � I w F I 1 1' tL I I z I 1 v 1 1 I t 1 1 1 1 1 N N NNI-I-NNNNNNNNNNNNNN t-N00 M 00000 MMM ulN I 1 O N In VI M M LA uI In N ul Ln LA In In in In N ul ul 0,0000.00 000 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 I u• �O �O �O .O �O `O `0 `O `O `O `O `O `O `0 `O �O �O �O MOO M trMt NIA MMM NN 1' 1 I t t Mul ulNulN ut V\ul V\M u•V>u•IA V•VlM ttt M OOOON utN V\ tt W I 1 00 1 F- 1 tr u\ a-�t-�r-���������-��c-� Nye- NNNNNc-c- M I Z I M M M M M M M M M M M M M M M M M M M N M M ul N N N N N M M M Vltn M 1 = 1 t t t t t t t t t t t t t t t t t It t t It t It It M M M M M t t t t t z 1 O 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I u l o N MMttMtttMMMMtMtMMM to to vl N 00000 �N 10 NN Y I u l O O O O O O O O O O O O OO O O O O O O ulO O O 00000 000 00 z 1 QI o 0 oOO00000000oo00000 o00 0 0000o 000 00 Q I 1 o t ti 1` n ti ti P ti r` ti ti ti ti ti ti ti ti ti ti u,r- ti M to to u, Vl u` tititi MM m I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I �r- > I I o O 00000000000000o0oo 000 0 00000 000 00 -------------- 1 I K 1 1 W I I F 1 I N I I H I 1 l) I I W 1 1 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10,010 10 10,010,010 10,010 1010 1 I O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 o O O O O O I 1 O 0 000000000000000000 000 O 00000 000 00 Y I 1 N N w I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N V 1 \ \ \\\\\\\\\\\\\\\\\\ \\\ \ \\\\\ \\\ \\ W I I- I ul ul In w% ut ul In Ln ulIn w% u\In In vl Ln u\to ul In uut u • • to In to uLA Ln uN lIn In l 2 I Q 1 O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N V I C I \ \ \\\\\\\\\\\\\\\\\\ \\\ \ \\\\\ \\\ \\ I 1 N ti f` r- ti ti ti ti ti ti 11- titititin titi P_ ti titi titi W I I O O O O O O O O O O O O O O O O O O O O 000 O 00000 000 O O J 1 I 00 I I a I 1 r IOO1 a 1 •z 1 CL I a I I I N 1 1 Z 1 1 O 00 NNNNNNNNNNNNNNNNNN OO 00 ul 00 00000000rnmM It It I W I Ln M 0 0 0 o 0 o 0 0 0 o 0 0 0 0 o 0 0 0 M M Itrn M MMM M M M M 0 0 O 1 2 o I I- O M M M M M M M M M M M M M M M M M M 000 O 00000 000 M M U 1 UZ 1 O O 000 O 00000 000 U 1 1 O 0 O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 000 O 00000 O O O 00 a Io 1 0 O 00000000000000000O 000 0 00000 o00 00 I > I I I d N U I 1 W to H I 1 U Q > I 1 Z I 1 J O N w ui 1 I W V Y to 1 1 F 0 I I K H N O z I 1 W 3 W. f.7 I 1 m w w 0 I I O w w u w I I 0 N Z H H 1 1 W J Z Q I I W N m O H I WO ' 1 Oa w F- co w M o z Iowl Q "t O > tY I o E l lY 3 C an H C It O Y I Z Q 1 G W Z I w u Q Q Ha1> I z a w a z. u a P J m I 1 O 2 /N J ixH H Q I I E- 6 w u0 1 1 H W F- u F w w 0 1 1 U in J J F E 10 'IX I I m Q Q Q Q Q 6 Q O Q Q I I o I- � 1 1 10 N J Z I 1 It It N M N 00 r-\IO H N I I - O Ol Ol - M t 7 J l 0 I ut Ol N 00 N NM C'JJ 1 00 1 N N N \= W I Z Z 1 r-0 Q3 1 W I O J I > I M • • 1 I 4c W M- 0 1 I 10 N M IT 'n 10 ~ 00 Q O O 1 I 0` t It It t It t t, M M M M M 0` 0` Ol P O W O I-- Z 1 W O 1 10 10 10 10 10 10 10 10 w C H Q I= z 1 OL G. 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I W 1� I > O (D J I w LL I o u W< O 1 Z H Q W 1 00 IL UN 1 G>Z W O F- 1 Z z W-w" I WH IL IL u I > U to d to 10 O 000 O M M 10 I- MOl O 1O 1O O N 00 00 to S O *t ti MMN Ol N N N1- Otn O WWto r W W TN tir N � 10 -K -K is -1c -Ic -1c -K 4c 4c Q Q Q Q W i t F- O O O 0 Ic F- F- N F- 0 F• F• �( ix Z H K ix C Q O' H OC C is O uUu 0 O F- 0z4c p > > > C S C-w is 2 (N V) N Z Z l9 Z d -K W W N W U H w x -IC > F- F- F- > > > J > W 4c U U U J (N -K Q Q Q J W J�( 0 W F Q K w ZO Fis ZZZ : OS O•Ic 000 Q xW F-4c U U U a IL ix J a Ln N to O N 10 F 000 O N— 0 11 1 I I I 0.0 — —0 c- r r 00 1 It c Z Q to NN O tom w 1 1 11 1 r�N I 0 tr to O O O O O O 000 O 00 M Mtn I I I O 1 Mf- 1 1 rrtr r �� 0 0 0 O 00 10,010 10 1010 0 0 0 O 00 00o O 00 IL NNN N NN O ZNNN It NM U C0 Ntitif` F1� f`n Z z000 0c0 00 H O W W H 0 0 0 N O co Z F•000 WO 00 w m G U J Q H O w H J N S Z F OC LU 0 0 � Z LL LL H 0 H F LL\0ti00 1 J0`O U LLol 0l 0. Y Q010 H QNNN QP• UNM 0. 0 (n000 w ZOO z 000 c a O O O 0 w W N H w 1 H F 3 H K O O Z w S IL > > N ti Mr OtiO M to OlsO 0 —ONM 00 NMc- r OIn 1010 010 NItM O 00l0000 00 0-- 0 001010, 00 Olh l- O 0— -r ON 01-1- t I / COUNCIL/RDA MEETING DATE: August 1, 2006 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the CONSENT CALENDAR: Community Services Director to Attend the National STUDY SESSION: Park and Recreation Association 2006 Congress in Seattle, Washington to be held October 10-14, 2006 PUBLIC HEARING: RECOMMENDATION: Approve overnight travel for the Community Services Director to attend the National Park and Recreation Association 2006 Congress in Seattle, Washington to be held October 10-14, 2006. FISCAL IMPLICATIONS: Expenditures for this conference are estimated as follows: Registration = $365 Hotel = $650 Meals = $200 Travel = $576 Total $1,794 Funding for this conference attendance is included in the Fiscal Year 2006/2007 Budget, Community Services Administration, Training and Meetings Account #101- 3001-451.51-01. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The National Recreation and Park Association provides the recreation and park professionals from around the United States the opportunity to discuss challenges and opportunities in the field of recreation and park management. The Institute will be held October 10, 2006 through October 14, 2006 in Seattle, Washington. If approved, the Community Services Director will attend this conference. The program description is included as Attachment 1. l� FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve overnight travel for the Community Services Director to attend the National Park and Recreation Association 2006 Congress in Seattle, Washington to be held October 10-14, 2006; or 2. Do not approve overnight travel for the Community Services Director to attend the National Park and Recreation Association 2006 Congress in Seattle, Washington to be held October 10-14, 2006; or I Provide staff with alternative direction. Respectfully submitted, Edie HyAton; Pmmunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. 2006 National Recreation and Park Association Congress Registration Form 49 National Recreation and Park Association NRPA Registration do EPIC 10900 Granite Street, Charlotte NC 28273 October 10 -14, 2006 1. Print carefully. Your badge will be printed from this information. y om 'To receive discounted rates, you must be an NRPA member. Join today by contacting 800.626.NRPA (6772) or membership@nrpa.org. Or, visit www.nrpa.org/membership. Allow one week for processing. NRPA Member # —� Forgot your member number? Call 800.626.NRPA (6772). Registration questions? Call 800.522.6409. Protocol Partner Member #—O CPRA O NRA1 O Other Certification Designation: O CPRP O PPRP O APRP O CTRS O CPSI O AFO O other First Name MI Last Name Nickname (name for badge) Title Organization City State Zip Country Receive faxes for correspondence and Off ice Phone Fax offerings from NRPA OYes ONO Email (Please note, your email will not be shared outside of NRPA.) NOTE: Spouse registration is for non -industry attendee/guest only. Education sessions are not included in spouse registration. Spouse First Name Last Name Badge Name Attendee Information (required) Is this your first NRPA Congress? O Yes O No If you have special needs, check here, NRPA will contact you O 1. Are you: O Professional _(a) Management _(b) Staff _(c) Student _(d) Retired O Educator/Researcher O Citizen-Board/Advocate O Supplier O Other: 2. Registration Fees 2. Your Purchasing Role 3.Operating Budget (check one) O Under $500,000 O Make final decision O $500,000 to $1M O Make final recommendation O $1 M to $2.51VI O Part of recommendation O $2.5M to $5M process O $51VI to $10M O No Role O $10M to $15M O $15M to $25M O $25M to $50M O Over $50M Before August 18, 2006 AfterAugust 18, 2006 Member 'Non -Member Member `Non -Member O Full Package (fp) $365 $665 (fp) $545 $665 O Limited Package (Ip) $315 $615 (Ip) $495 $615 O Spouse Package (sp) $175 (sp) $225 O Retired Package (rp) $155 $255 (rp) $175 $255 O "Student Package (stp) $65 $215 (stp) $85 $215 O Expo Only (eo) $50 $50 (eo) $50 $50 4. Population Served O Under 10,000 O 10,000 to 25,000 O 25,000 to 50,000 O 50,000 to 100,000 O 100,000 to 250,000 O 250,000 to 500,000 O 500,000 to 1 M O 1Mto2M O 2M to 3M O Over 3M Cancellation Policy No refunds will be issued on requests postmarked after September 15. Before that date, cancellation requests made in writing will be honored for a refund, minus a $50 processing fee. Send written cancellation requests to: nrpa@epicreg.com. Mail to NRPA Registration, c/o EPIC,10900 Granite Street, Charlotte, NC 28273. Fax to 704.943.1004. Advance Registration Deadlines If mailing or faxing, register onsite after September 15. Online registrations accepted until October 5. Your badge and tickets will be mailed after September 15. Don't leave home without them or replacement fees will be incurred. Onsite rates will increase an additional $20 in all categories. "To receive discounted rates, you must be an NRPA member. Join today by contacting 800.626.NRPA (6772) or membership@nrpa.org. Or, visit www.nrpa.org/membership. Allow one week for processing. "Students must be full time (12 hours undergraduate, 8 hours graduate) and must submit a bill or letter from the bursar's office. 3. CEUs Do you plan to earn CEUs? Tickets will be required for each session if you wish to earn CEUs. To receive your tickets, please check all days that you plan to attend education sessions for CEUs: 0 Tuesday (TUC) 0 Wednesday (WEC) 0 Thursday (THC) 0 Friday (FRC) 0 Not attending courses for credit (NO) National Recreation and Park Association NRPA Registration c/o EPIC 10900 Granite Street, Charlotte NC 28273 4» October 10 -14, 2006 'To receive discounted rates, you must be an NRPA member. Join today by contacting 800.626.NRPA (6772) or membership@nrpa.org. Or, visit www.nrpa.org/membership. Allow one week for processing. Last Name First Name Membership # (Please repeat this information from the other side.) 4. Off -Site Institutes WiUu ,:.i.=r;;O::tlr,f:r,,,r,; >; Tuesday, October 10, 2006 Member 1. Downtown Park Renaissance 8:30 a.m. -12:30 p.m., 0.2 CEUs $25 2. Experience Music Project 8:30 a.m. -12:30 p.m., 0.2 CEUs $35 3. Inspiring Community Action in Seattle's Neighborhood Parks 8:30 a.m. -12:30 p.m., 0.2 CEUs $30 4. Adaptive Reuse: Seattle's Historic Bathhouses 8:30 a.m. -12:30 p.m., 0.2 CEUs $40 5. Identifying Great Contractors 8:30 a.m. -12:30 p.m., 0.2 CEUs $35 6. Preserving Open Space and Creating New Parks in a Developed City 8:30 a.m. - 5:30 p.m., 0.4 CEUs $50 7. Zoos and Aquariums: More than Animals 8:30 a.m. - 5:30 p.m., 0.4 CEUs $50 8. Industry Trends in the Camp Business 12:30 p.m. - 4:30 p.m., 0.2 CEUs $35 9. Using Interpretation as a Resource Management Tool 12:30 p.m. - 4:30 p.m., 0.2 CEUs $30 Wednesday, October 11, 2006 10. Spaces Between Places $40 8 a.m. -11 a.m., 0.15 CEUs Thursday, October 12, 2006 11. From Glaciers to Greenways 8:30 a.m. -12:30 p.m., 0.2 CEUs $25 12. Federal Way Community Center Construction 8:30 a.m. -12:30 p.m., 0.2 CEUs $30 13. Military Base Reuse in Seattle 8:30 a.m. - 4:30 p.m., 0.35 CEUs $25 14. US Navy Afloat Recreation 8:30 a.m. - 5 p.m., 0.35 CEUs $50 15. Seattle's Olmsted Legacy 8:30 a.m. - 5:30 p.m., 0.4 CEUs $45 16. Volunteer Engagement in Parks 8:30 a.m. - 5:30 p.m., 0.4 CEUs $35 17. Salmon in Our Parks 8:30 a.m. - 5:30 p.m., 0.4 CEUs $60 18. Seattle's Cultural Sites and Museum Exploration 8:30 a.m. - 5:30 p.m., 0.4 CEUs $60 19. Northwest Teen Sites 12:30 p.m. - 4:30 p.m., 0.2 CEUs $25 20.S ppaces Between Places 12:30 p.m. - 4:30 p.m., 0.2 CEUs $40 Friday, October 13, 2006 21. Growing an Urban Forest: Seattle's Street Trees 8:30 a.m. -12:30 p.m., 0.2 CEUs $20 22. King County Pools 8:30 a.m. -12:30 p.m., 0.2 CEUs $25 23. WiFi Innovations in Park Systems 8:30 a.m. -12:30 p.m., 0.2 CEUs $30 24. Downtown Tacoma Museum District 8:30 a.m. - 5:30 p.m., 0.4 CEUs $65 25. Green Lake, Camp Long and Parks 8:30 a.m. - 5:30 p.m., 0.4 CEUs $55 26. Sustainable Park Design 8:30 a.m. - 5:30 p.m., 0.4 CEUs $60 27. Seattle Center/Space Needle/Key Arena 12:30 p.m. - 4:30 p.m., 0.2 CEUs $30 28. Seattle Waterfront 12:30 p.m. - 4:30 p.m., 0.2 CEUs $45 Non- Check Member For OSI $40 O S50 O $45 O $55 O $50 O $65 O $65 O $50 O $45 O $55 O $40 $45 $40 $65 $60 $50 $75 $75 $40 $55 $35 $40 $45 $80 $70 $75 $45 $60 O O. O O O O O O O O 5. Extra Tickets ► NRPA Welcome Party (wp) Qty x $30 = $ ► NRPA Closing Party (cp) Qty x $65 = $ ► AFO Course (afo) Qty x $275 = $ ► AFRS Awards Dinner (afrs) Qty x $38 = $ ► EMS Banquet (eb) Qty x $40 = $ ► CAPRA Visitor/Agency Training (ca) Qty x $65 = $ ► Fun Run/Fun Walk (fun) Qty x $25 = $ T-Shirt Size: _S _M _L _XL _XXL ► Golf Toumament Qty x $75 = $ Tuesday, October 10 - 8 a.m - 7 p.m. O Gold Mountain Olympic Course Tournament #1 (got) 2 hrs. from downtown Seattle Tuesday, October 10 -10:30 a.m - 7 p.m. O West Seattle Golf Course Tournament #2 (go2) 5 miles from downtown Seattle 'Please pair me with the following golfers: 1. 2. 3. 'NRPA will make every effort to amommodare your requests. 6. Donation Opportunity Please consider the following lax -deductible donation opportunity. NRPA Annual Fund Campaign Contribution $ 7. Registration Summary and Payment Full payment required for processing. Forms received without payment or authorized purchase order will be returned. If payment covers several registrations, staple check to all forms covered by payment. 'NRPA is dedicated to serving all attendees at our events. A $2 surcharge has been added to your registration fee to ensure that individuals with disabilities receive and benefit from the same content as do attendees without disabilities. Total (by section) Amount Registration fees (from Section 2) $ Off -Site Institutes (from Section 4) $ Extra Tickets (from Section 5) $ Donation Opportunity (from Section 6) $ 'Surcharge $ 2.00 Grand Total (U.S. Funds) $ Method of Payment (check one) Typeofcard.• O AMEX O MC O Visa O Discover O Credit Card # Exp Date O Check payable to NRPA O PO # BiI I to address: Card holder's name Authorized Signature CashierID# 8. Return Form and Full Payment Online: www.nrpa.org/congress Fax: 704.943.1004 Mail: NRPA Registration c/o EPIC 10900 Granite Street, Charlotte, NC 28273 800.522.6409 - 704.943.1003 See pacie 1 of the registration form for important cancellation and advance registration deadlines. s. ., 1 NRPA Congress & Exposition - National Recreation and Park Association Page 1 of 2 National Recreation and Park Association Home About NRPA Membership Advocacy News Accreditation Certification Education & Conferences Distance Learning Exhibit and Sponsorship Opportunities NRPA Education Programs Training Calendar Higher Education Publications & Research Programs & Partnerships Marketing Opportunities Resources Contact Us �r err it r , Home Page > Education & Conferences > NRPA Congress & Exposition NRPA Congress & Exposition October 10 - 14 Washington State Convention & Trade Center Seattle, Washington REGISTRATION AND HOUSING NOW OPEN! Register by August 18 and Save! CLICK HERE TO REGISTER TODAY *NEW - COMING IN JULY PRELIMINARY PROGRAM AND DETAILED SCHEDULE OF EVENTS ABOUT NRPA'S CONGRESS & EXPOSITION For more than 40 years the National Recreation and Park Association has brought together professionals, citizen advocates, educators and students who are passionate about parks and recreation. Join thousands of these supporters and industry vendors in Seattle, Washington for NRPA's Annual Congress & Exposition. What's in Store for 2006... -An array of education options - including more than 200 sessions and off - site institutes. -More than 400 exhibitors - experience the exhibit hall, chat with vendors and learn more about new trends in the park and recreation industry. -Networking opportunities with thousands of the best and brightest in parks and recreation - take advantage of NRPA's online (and onsite) Career Center and Ask the Xpert areas. -Social events and a powerful Opening General Session. This is the annual event for park and recreation supporters. EDUCATION, TRAINING AND NETWORKING Thousands of attendees can't be wrong--NRPA's annual Congress & Exposition offers an array of education sessions, workshops and training SME ~ I c 2006 Young Profe Fellowship Progre NRPA Diversity S� 2006 Young Profe Externship Proar. 2005 Congress CE Free Trial to Conf- Online NRPA Training Ca complete listing c Travel and Accommodation, How to get here ai where to stay. Details:: Schedule at a Gh Prepare for Seattle with this prelimina schedule. " Details:: Volunteer Opportunities Calling NRPA Mem Now is your chana assist NRPA in mal this year's Congre: Expo a success, ar complimentary adi event. Details:: Exhibit and Sponsorship Opportunities Reach thousands decision -makers through NRPA's an Congress and othe Details:: Join NRPA Today Not an NRPA mem Join today and sav to $300 on Congre registration! Details:: Interested in Hosting an Outsi Meeting or Eveni hq://www.nrpa.org/content/default.aspx?documentId=553 7/6/2006 NRPA Congress & Exposition - National Recreation and Park Association Page 2 of 2 seminars authorized by the International Association for Continuing NRPA's Congress Make your request Education Training (IACET). Plus networking opportunities, social events, limited. city tours and more! Details" EXHIBITORS AND MORE 2005 Congress & Expo CD-ROM NRPA's annual Congress & Exposition offers attendees an opportunity to Order your copy to, explore innovative products and services, discuss pricing options and Education session purchasing with industry vendors and learn more about upcoming trends in handouts, notes an parks and recreation. speaker presentatic Details* Visit our Virtual Trade Show to review this year's floor plan, search exhibitors and research products by category, vendor or name. Click here>> to learn more about exhibit opportunities, or review floorpians and contracts. FUTURE NRPA CONGRESS & EXPOSITION DATES AND LOCATIONS 2007 - Indianapolis, September 25 - 29 2008 - Baltimore, October 14 - 1S 2009 - Salt Lake City, October 13 - 17 Copyright 2006, National Recreation and Park Association. All Rights Reserved. Privacy Policy 22377 Belmont Ridge Road, Ashburn, VA 20148-4150, Phone 703.858.0784 Fax 703.858.0794 7-1-1 for hearing and speech impaired Questions or comments regarding the Web site? Please e-mail NRPA http://www.nrpa.org/content/default.aspx?documentld-."."553 7/6/2006 GROUP RESERVATIONS - ATTENTION: RAE SMITH CONTACT: Stephanie Stephens BLOCK NAME: Colorado Parks Et Recreation Assoc NRPA HOUSING REQUEST FORM NRPA Congress &t Exposition October 10-14, 2006 Seattle, Washington SEND CONFIRMATION TO (Fill in this portion completely) First Name Last Name Phone Fax E-mail: Arrival Day Et Date: (Must have to receive confirmation) Departure Day Et Date: # of people in room (circle one): 1 2 3 4 Sharing room with: Requests (circle): Non -Smoking Smoking Special Requests (circle): Visual Audio Mobile Hotel Max DELEGATION HOTEL SINGLE: $150.00 per night DOUBLE: $150.00 per night (Approximately _3 blocks from the convention center) Reservations will not be processed without credit card (please check): Visa MasterCard American Express Credit Card # Cardholder's Name Discover Expiration Date Signature A deposit equal to one night's room and tax will be required to hold accommodations and credit card will be charged when reservation is made. Deposits are refundable if accommodations are cancelled within 72 hours of arrival. SEND COMPLETED FORM TO: NRPA Housing Services P.O. Box 678192 Dallas, Texas 75267-8192 Phone: 888-385-8041 or 972-349-5897 Fax: 972-349-7715 No Duplicate names accepted. Each reservation must have an individual form submitted. Deadline is August 24 or until the room block is filled, whichever occurs first. ;; c 4 01(p o� �o COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Denial of Claim for Damages Filed by Miguel Isijara: Date of Loss: February 9, 2006 RECOMMENDATION: AGENDA CATEGORY: C4 BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Deny the Claim for Damages filed by Miguel Isijara, with a reported date of loss of February 9, 2006. FISCAL IMPLICATIONS: The total amount of the claim was $150.00. AI I A f1Trl1 0%IT1L/ IA AIII IA A TI AA I r%_ None. I1 A AIff~%/1I Ilk IM A AIM A1L/rI7\/I171A/. A claim was filed by Miguel Isijara with a reported date of loss of February 9, 2006, (Attachment1). 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■\IIII�IAA A AIM A I TrP9AI A TI\/re._ The alternatives available to the City Council include: 1. Deny the Claim for Damages filed by Miguel Isijara with a reported date of loss of February 9, 2006; or 2. Accept the claim, or some portion thereof; or 3. Provide staff with alternative direction. Respectfully submitted, ---A - a -- Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Miguel Isijara, Claim for Damages 2 FILE WITH: CITY CLERK'S OFFICE City of La Quints P.O. Box 1504 La Quinta, CA 92253 1. Claims for death, injury to person or the occurrence. (Gov. Code § 911.2 2. Claims for damages to real property Code § 9112.) 3. Read entire claim form before filing. 4. See page 2 for diagram upon which 5. This claim form must be signed on p 6. Attach separate sheets, if necessar) CLAIM FOR DAMAGE RESORT & CLUB Reed Carpenter Superintendent 49-499 Eisenhower Drive La Quinta, California 92253 Tel. 760.564.3340 Fax 760.564.1333 rcarpenter@laquintaresort.com www.laquintaresort.com ATTACHMENT 1 CLAIM NO C) ry o � n r— M F—. rn C.)n M o c 3 rr i 'n 1Z:j n m -C 1 u: tName OT urTyJ _ T........... vw.w..u.... Name of Claimant: Occupation of Claimant 1zi'aY Home Address of Claimant Cfi/ and State La Ace Home Telephone of Claimant -41k 1 `t S -y ve. 1 &,>\ C tA Business Address of Claimant E51- 0o1 Ave. Catirc�hz� City and State L-a c� ' Business Telephone of Claimant C_300, (cPk - �3Lk0 Give address and telePhafe number b which you desire notices or; anications be sent -7-11- CibA (. Chaanani's Social Security No regarding claim: . s t-�10b .�f L"'�1 L0. 1 ok When did DAMAGE or INJURY occur? Names of any city employees involved in INJURY or DAMAGE: Date: 2=LrcI % O U Time: I o , ( Ct - -x- Cu " vC" c � cS K Claim is for Equitable Indemnity, give date G \ k\k C? J�- \ CA Q<?a- claimant served with the eorlplaint Date: CU%,r►\ e S � Where did DAMAGE or INJURY occur? Describe fully and locate on diagram on reverse side of this sheet Where appropriate, give street names anI address and measurements from landmarks: © +� -k� 96,( V-- ��t "� _tic CiO� n + rs, \� CLv tv� � , Vk C-c v wc,S VeA—t ►Le Z ckba0 k . 1— LQ f-0- � �w c,.y F-co VA N- � b Y � c � w r� \\ . � \-%im t `� �- v` e `% N-v'V- e �� ) 0� L.i DescAbe in detail how the DAMAGE & INJURY o=fred. \ V %13-1 -�-1r ► Lt1 �� _c G`� ' �' 0 Lt? ' + W CA CA v. h^ 0 N t �j- ,n Why do you claim the city is responsible?- C C'X'�'s -e— '0 '-vaI f M fg r� VN\ e- c 'k V j a C?�V K .1e, A -o \-e-\- yn 0 w ; Describe in detail each INJURY or DAMAGE TNNo— k w N A- \Q'\r\kt w c_^t; c,�-cie-E �- c-,k v\> \o , coo e� Fear .`A- . r +� SEE PAGE 2 (OVER) THIS CLAIM MUST BE SIGNED ON REVERSE SIDE The amount claimed, as of the date of presentation o� tits claim, is computed as follows: Damages incurred to date (exact): Estimated prospective damages as far as known: Estimated 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 .......... $ Total amount claimed as of date of presentation of this claim: $ o Was damage and/or injury investigated by police? . Off -If so, what city? 1.0 QUA n QAr 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 WITNE toDVMGE or INJURY: List all persons and addresses of persons known to have information: Name MAd C K0CvA �r" Address Phone Name Address Phone Name Address 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'Xl* and location of yourself or your vehicle at the time of the accident East, South, And West; indicate place of accident by and by showing house by'B-1" and the point of impact by'X.' numbers or distances to street comers. 9 City Vehicle was involved, designate by letter N location of City Vehicle when you first saw it, and by V 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 Signature or caarmant or person ruing on to Claimant FILED WITH CITY CLERK (Gov. Code § 915a.) of a false claim is a felony (Pen. Code § 72.) CURB COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval to Enter Into a Professional Services Agreement with Tri-State for Construction Surveying Services RECOMMENDATION: AGENDA CATEGORY: C9 BUSINESS SESSION: CONSENT CALENDAR: 4 STUDY SESSION: PUBLIC HEARING: Authorize staff to enter into a Professional Services Agreement (PSA) with Tri-State Land Surveyors and Civil Engineers, Inc. for construction surveying services. FISCAL IMPLICATIONS: None for this action. These services will be paid on a time and material basis. Costs for construction surveying services are included within each project's budget in the Capital Improvement Program. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 6. 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for construction surveying services for capital improvement projects. The City received five (5) proposals in response to its' RFP. Staff reviewed the proposals and recommends that the City enter into a Professional Services Agreement for construction surveying services with Tri-State Land Surveyors & Civil Engineers, Inc. Attachment 1 is the PSA for construction surveying services which calls for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. 59 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to enter into a Professional Services Agreement with Tri-State Land Surveyors & Civil Engineers, Inc. for construction surveying services; or 2. Do not authorize staff to enter into a Professional Services Agreement with Tri-State Land Surveyors & Civil Engineers, Inc. for construction surveying services; or 3. Provide staff with alternative direction. Respectfully submitted, (ltr�rg�J-p---`-� imothy R. J nas , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement for Construction Surveying Services with Tri-State Land Surveyors & Civil Engineers, Inc. 2 0� Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Tri-State Land Surveyors & Civil Engineers, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Surveying Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be providedin accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION & METHOD OF PAYMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"). 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2006 and terminating on August 1, 2008 (initial term), and upon mutual agreement by both parties, the term may be extended up to one additional two-year term (extended term). �Qlffl : h _ 1INKSI VISTalm 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Dale Grinager, President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a. wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 63 5.0 INSURANCE INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The minimum amount of insurance required hereunder shall be $250,000 per individual; $500,000 per occurrence for Personal Injury/Property Damage Coverage, Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents arrd materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for;any U default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contractor otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. CITY: City of La Quinta Attn: Timothy R. Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 CONSULTANT: Tri-State Land Surveyors & Civil Engineers, Inc. Attn: Dale Grinager, President 78-120 Calle Estado, Suite 102 La Quinta, CA 92253 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. . 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CO' Date: % -.,'G "G & Name: ,DA&& �--/L�.✓.3G� Title: EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. CONSTRUCTION SURVEYING SERVICES . The City of La Quinta requires service from this Land Surveying firm to provide Construction Surveying Services. Services and products to be rendered in performing all work associated with the project may include, but are not limited to; the Engineering Consultant shall be required to provide one set of construction stakes for each of the following items as detailed: 1. Survey Control - Will be sufficiently marked and will be preserved and protected, monuments protected or replaced as needed. 2. Clearing / Removals - One set of reference stakes or marks at 200 foot intervals on tangent line and 100 foot on curves will be set along the limits of the construction area or Right -of -Way for clearing purposes. 3. Rough Grade - (A) One set of grid stakes at 50' intervals. Stakes will indicate cut or fill to finish grade as shown on approved mass grading plan. (B) One set of stakes at 25' intervals and all angle points with appropriate cut or fill. (C) Provide one set of offset stakes for sidewalks at 25' intervals, grade breaks and angle points with cut or fill to finish surface. 4. Finish Grade- (A) Provide one set of stakes to delineate at 25' intervals and all angle points with appropriate cut or fill. (B) Provide one set of offset stakes for sidewalk at 25' intervals, grade breaks and angle points with grades to finish surface. (C) Provide one Blue Top for building pad. Stake to be set at pad grade. (D) Pad Certifications - prior to construction of improvements, provide inspection services necessary to provide certification of pad grade as shown on the approved grading plan. 5. Retaining/Garden Wall - Provide one (1) set of offset, line and grade stakes for wall construction set at fifty (50) foot intervals with appropriate cut or fill to top of footing. 6. Bridge Structures- Provide one set of stakes for foundation layout and deck grades. 7. Entrance Structures- Provide one set of stakes with appropriate cut or fill for the construction of entrance structures. 8. Building Foundations- Provide one set of stakes at an offset of 10'x10' to the building corners, one stake per corner with grades to the finish pad. 9. Water, Sewer, Storm Drain, or Irrigation Lines- Provide one set of offset stakes at 50' intervals with grades to finish surface. 10. Drainage Boxes- Provide one set of stakes at a 5' offset to centerline of box with grades to top of grate 1 1.Tree Locations- Provide one stake at centerline of each tree location. I `7 I 12. Project Administration - The Engineer of Work shall be available during the length of the project to address any questions or concerns which may arise. Three (3) sets of Grade Sheets shall be prepared and submitted to the City of La Quinta within 48 hours of the receipt of the 'Staking Request" for the said work. 13.Office Calculations and Supervision - Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. TRIOOSTATELANdSURVEYORS & CIVi1 EN INEERSr INC. ri 78.120 CARE ESTAdo, SUITE 102, LA OWNTA, CAWORNIA 92253 (760) 564.0271 (800) 363-6306 FAX (760) 564.0279 COST PROPOSAL SHEET PROPOSAL TO PROVIdE PROFESSIONAL CONSTRUCTION SURVEYING SERVICES The following are our hourly rates to provide the services outlined in the Request for Proposal for Professional Construction Surveying Services and will be used as the basis for negotiating a Professional Services Agreement: HOURLY RATES 2 Person Survey Crew $145.00 3 Person Survey Crew $185.00 Office Calcs $110.00 Professional Land Surveyor Review $110.00 June 22, 2006 Dale Grinager, Prime Consult Date Signed TRI-STATE Land Surveyors & Civil Engineers, Inc. EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services for an initial term of twenty-four (24) months beginning August 2, 2006 through August 1, 2008 (initial term), and upon mutual agreement by both parties, the term of this agreement may be extended for up to one 2-year term (extended term). EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each surveyor assigned to the City. 2. The Consultant shall provide his or her own transportation to and from the designated work site. 3. The Consultant shall respond to the job site for surveying services within twenty-four (24) hours and shall provide any/all written materials to City within forty-eight (48) hours of completing the survey work. 4. The Consultant shall provide all necessary survey equipment to its survey crew to provide digital measurement and recordation of line, grade, and angle measurements. 5. Upon request these data files will be made available to the City at no additional cost. •� P COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval to Enter Into a Professional Services Agreement with LandMark for Materials Testing Services RECOMMENDATION: AGENDA CATEGORY: CIO BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to enter into a Professional Services Agreement (PSA) with LandMark Geo-Engineers & Geologists for materials testing services. FISCAL IMPLICATIONS: None for this action. These services will be paid for on a time and materials basis. Costs for materials testing services are paid through development fees or are included within the budget of individual capital projects. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for materials testing services. The City received five (5) proposals in response to its' RFP. Staff reviewed the proposals and recommends that the City enter into a Professional Services Agreement (PSA) with LandMark Geo-Engineers & Geologists to provide materials testing services. Attachment 1 is the PSA with LandMark Geo-Engineers & Geologists which calls for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. 76 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to enter into a Professional Services Agreement with LandMark Geo-Engineers & Geologists for materials testing services; or 2. Do not authorize staff to enter into a Professional Services Agreement with LandMark Geo-Engineers & Geologists for materials testing services; or 3. Provide staff with alternative direction. Respectfully submitted, Cimothy J nas o , P.E. Public Works Director/City Engineer Approved for submission by: 6 Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement for Materials Testing Services with LandMark Geo-Engineers & Geologists `� 7 Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and LandMark Geo-Engineers & Geologists ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Materials Testing Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. "is 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION & METHOD OF PAYMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation"). 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2006 and terminating on August 1, 2008 (initial term), and upon mutual agreement by both parties, the term may be extended up to one additional two-year term (extended term). 79 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Greg M. Chandra, P.E., Area Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement: Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 3 'J 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The minimum amount of insurance required hereunder shall be $250,000 per individual; $500,000 per occurrence for Personal Injury/Property Damage Coverage. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide, a 8 J. defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and o materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any 3 default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 84 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (42) hours from the time of mailing if mailed as provided in this section. CITY: City Of La Quinta Attn: Timothy R. Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 CONSULTANT: LandMark Geo-Engineers & Geologists Attn: Greg M. Chandra, Area Manager 77-948 Wildcat Drive Palm Desert, CA 92211 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. 8J IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Date: Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: . � W �� `�—Date: �) � q/$� � Name: � 1 61-�� M • ��&r-' ON -A- U EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. MATERIALS TESTING SERVICES The City of La Quinta requires services from this Professional Materials Testing/Geotechnical Laboratory firm to provide, equipment, services and products to be rendered in performing all designated work associated with the project which may include, but are not limited to, performing the following intermittent observation and testing services: • Provide a qualified technician as necessary to conduct density tests on roadway sub - grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered. Marshall density tests on the asphaltic concrete. • Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. •. Perform compression strength tests on concrete cylinders in accordance with ASTM C39. • Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. • Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. • Reporting of any Non -Compliance results of materials to the City within twenty four (24) hours from the time of sampling. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1 1 10- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. R7 EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. 88 LANDMARK a DBE/MBE/SBE Company Construction Observation & Testing Material Testing and Inspection 2006 Prevailing Wage Fee Schedule Field Soil Technician Inspector (ICBO/AWS/CWI) Trip Charges (over 50 miles radius) Ultrasonic (Level I1) Staff Engineer/Geologist Supervisory Tech./Operation Manager Principal Engineer/Geologist Word Processor/Typist Laboratory Test Max. Density - Op. Moisture (A) Max. Density — Op. Moisture (B, C, D) AC Maximum Density (Marshall) Check Point Sieve Analysis Sand Equivalent R-Value CBR (100% Compaction) Soil Corrosion Concrete Compression Test Grout/Mortar Compression Test Mix Design Review Masonry Prism Compression Test Extraction/Gradation Basic Charges HOURS WORKED Sample pickup/canceled work 0-4 Hours Worked 4-8 Hours Worked 8-12 Hours Worked, Saturdays >12 Hours, Saturdays/Holidays 780 N. 4th Street El Ccntro, CA 92243 (760) 370-3000 1760) 337-8900 fax 77-948 Wildcat Drive Palm Desert, CA 92211 i7601 360-0665 (760) 360-0521 fax Hourly Rate $ 72.00 $ 80.00 $ 180.00/trip $ 95.00 $ 107.00 $ 88.00 $ 168.00 $ 52.50 $ 156.00 $ 185.00 $ 172.00 $ 63.00 $107.00 $ 72.00 $ 240.00 $ 330.00 $ 245.00 $ 22.00 $ 24.00 $ 220.00 $ 132.00 $ 180.00 HOURS BILLED 2 Hours 4 Hours Actual Hours Time One -Half Double Time 1,41 , -� EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services for an initial term of twenty-four (24) months beginning August 2, 2006 through August 1, 2008 (initial term), and upon mutual agreement by both parties, the term of this agreement may be extended for up to one two-year term (extended term). EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each technician assigned to the City project. 2. The Consultant shall provide his or her own transportation to and from the designated work site. 3. The Consultant shall respond at the job site to requests for material testing within twenty-four (24) hours and provide written test results to the City within forty-eight (48) hours of testing. 4. The Consultant shall supply all necessary tools and materials to perform materials testing. 91 ceity/ 4 lw 12u&raj COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One Year for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries RECOMMENDATION: AGENDA CATEGORY: C12 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to August 4, 2007 for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: 1► rein CHARTER CITY IMPLJCATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-4), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On August 4, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 1 affected by the Improvements. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of August 4, 2007 for the remainder of the off -site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date SIA was approved for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date the SIA was approved for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. o as o , P.E. Public Works Dire or/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map K RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. on August 4, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by August 4, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 4, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the 94 approved SIA shall remain in full force and effect. Resolution No. 2006- Tract Map No. 31202-4, Rancho Santana Adopted: August 1, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California is ATTACHMENT 1 -21 AVENUE 5M 3 AYENVE 52N0 o ME AVENUE 54TH VICINITY MAP do N.T.S. u ce-iht 4 4v 61u&rry COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for a Period of One Year for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries RECOMMENDATION: AGENDA CATEGORY: C13 BUSINESS SESSION: CONSENT CALENDAR: -5 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to August 4, 2007 for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-4), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On August 4, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of August 4, 2007 for the remainder of the on -site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date SIA was approved for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date the SIA was approved for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R.'Ana s P. E. Public Works Dir ctor/City Engineer Approved for submission by: 0 Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-4, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-4, Rancho Santana, Oak Tree Industries, Inc. on August 4, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subc improvements by August 4, 2006, shal discretion and when it deems necessary, approved agreement; and vider to complete construction of the constitute cause for the City, in its sole to declare the Subdivider in default of the WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 4, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. Resolution No. 2006- Tract Map No. 31202-4, Rancho Santana Adopted: August 1, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California CN'�ENT 1 Twivl 4 XP i2umz COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One Year for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries RECOMMENDATION: AGENDA CATEGORY: C14 BUSINESS SESSION: CONSENT CALENDAR: 8 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to August 4, 2007 for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-3), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On August 4, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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." In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of August 4, 2007 for the remainder of the off -site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date SIA was approved for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date the SIA was approved for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 4'6"L-e Timothy R. J nasjg, P.E. Public Works Director/City Engineer Approved for submission y: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. on August 4, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by August 4, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 4, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. '' Resolution No. 2006- Tract Map No. 31202-3, Rancho Santana Adopted: August 1, 2006 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1' day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 Him 861 133a151 Nv�oq� o lJ 1 D3M to X TW�t 4 4a Qum& COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for a Period of One Year for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries RECOMMENDATION: AGENDA CATEGORY: C15 BUSINESS SESSION: CONSENT CALENDAR: 9 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to August 4, 2007 for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-3), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On August 4, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 1 affected by the Improvements. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of August 4, 2007 for the remainder of the on -site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date SIA was approved for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to August 4, 2007 from the original date the SIA was approved for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imothy R. o a , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-3, RANCHO SANTANA, OAK TREE INDUSTRIES, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-3, Rancho Santana, Oak Tree Industries, Inc. on August 4, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by August 4, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on August 4, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed in the 1 9 approved SIA shall remain in full force and effect. Resolution No. 2006- Tract Map No. 31202-3, Rancho Santana Adopted: August 1, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 1,10 ATTACHMENT 1 LO lj� TWY,, 4 ZoP 12u&A-4 COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On Site Improvements for a Period of One -Year for Tract Map No. 31202-2, Quail Run, Ehline Builders and Developers RECOMMENDATION: AGENDA CATEGORY: C16 BUSINESS SESSION: CONSENT CALENDAR: L STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to July 20, 2007 for Tract Map No. 31202-2, Quail Run, Ehline Builders and Developers. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Quail Run (Tract Map No. 31202-2), is located south of Avenue 52, east of Madison Street, and west of Monroe Street (Attachment 1). On April 19, 2004, the City Council approved Tentative Tract Map No. 31202-2. On July 20, 2004, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Centre Pointe. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, to revise improvement security requirements as necessary to ensure completion of 11n 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. " In a letter dated May 22, 2006, the developer requested a time extension and provided the City with an anticipated completion date of February 1, 2007 for the remainder of the on -site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides.for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to February 1, 2007 from the original date SIA was approved for Tract Map No. 31202-2, Quail Run, Ehline Builders and Developers; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to February 1, 2007 from the original date the SIA was approved Tract Map No. 31202-2, Quail Run, Ehline Builders and Developers; or 3. Provide staff with alternative direction. Respectfully submitted, 1 �.1:vVrci v _34rmothy ona on, P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map , RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-2, QUAIL RUN, EHLINE BUILDERS AND DEVELOPERS, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-2, Quail Run, Ehline Builders and Developers, Inc. on July 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Section 4. All other terms, responsibilities and conditions as listed In thel 14 approved SIA shall remain in full force and effect. Resolution No. 2006- Tract Map No. 31202-2, Quail Run Adopted: August 1, 2006 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1st day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California Nosllc)vp 91331AIS 3 . i33A . S 3028VAO" Ul) LLI UJ 133 o .4-43P OS113 L s ce4hf 44VQU&rw COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of Off -Site Improvements for a Period of One Year for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne RECOMMENDATION: AGENDA CATEGORY: C17 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of Off -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to July 20, 2007 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On July 20, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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 1 117 affected by the Improvements. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of July 20, 2007 for the remainder of the off - site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of off - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of off -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date the SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, imoth4R, as o , P.E. Public Works Dire for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF OFF - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. on July 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is 1 satisfactory. No additional securities are required. Resolution No. 2006- Tract Map No. 31202-1, Rancho Santana Adopted: August 1, 2006 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15L day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHME-NT 1 133,81S 2 s 7 W z J.33aLs Z NOSI 308NOW W �._j > E _ «O LO ui Q r . 133?!1S FOS"3��3� T4ht 4 4vQu&rw COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Adoption of a Resolution to Extend the Time for Completion of On -Site Improvements for a Period of One Year for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne RECOMMENDATION: AGENDA CATEGORY: C18 BUSINESS SESSION: CONSENT CALENDAR: /OIL STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council to extend the time for completion of On -Site Improvements as specified in the approved Subdivision Improvement Agreement (SIA) for a period of one year to July 20, 2007 for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Rancho Santana (Tract Map No. 31202-1), is located south of Avenue 52, east of Monroe Street, and west of Madison Street (Attachment 1). On July 20, 2005, the City Council adopted a resolution granting conditional approval of the Final Map and SIA for Rancho Santana. Section 6 of the SIA requires "that the subdivision improvements shall be complete within twelve months after the approval of the SIA. 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 SIA, 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. " In a phone conversation, the developer requested a time extension and provided the City with an anticipated completion date of July 20, 2007 for the remainder of the on - site improvements. Staff does not believe these improvements to be critical at this time. As a result, City staff has prepared the attached resolution which provides for approval of the extension of the SIA. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council to extend the time for completion of on - site improvements as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 2. Do not adopt a Resolution of the City Council to extend the time for completion of on -site improvements time as specified in the approved Subdivision Improvement Agreement for a period of one year to July 20, 2007 from the original date the SIA was approved for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, f imothy R. Jotrec ass , P.E. Public Worksor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Vicinity Map 2 1 RESOLUTION NO. 2006-(Clerk's Office will enter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF ON - SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR A PERIOD OF ONE YEAR FOR TRACT MAP NO. 31202-1, RANCHO SANTANA, DESERT CHEYENNE, INC. WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31202-1, Rancho Santana, Desert Cheyenne, Inc. on July 20, 2005; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by July 20, 2006, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of improvements as required by the approved SIA is extended for a period of one year. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on July 20, 2007. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA.is 1 ? 4 satisfactory. No additional securities are required. Resolution No. 2006- Tract Map No. 31202-1, Rancho Santana Adopted: August 1, 2006 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 152 day of August 2006, by the following vote, to wit: AYES:Council Members (Clerk's Office will enter) NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, INTERIM CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ATTACHMENT 1 J.338ls I NosxOvr 13381S I 308NOW Z C. < LO N w D Z LU w Z ' %" > Q Q !- z z 33 S NOSIOV -- 1332l1S N0Sil3JJ3(' COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval to Enter Into a Professional Services Agreement with Southern California Soil & Testing for Materials Testing Services RECOMMENDATION: AGENDA CATEGORY: C19 BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Authorize staff to enter into a Professional Services Agreement (PSA) with Southern California Soil & Testing for materials testing services. FISCAL IMPLICATIONS: None for this action. These services to be paid on a time and materials basis. Costs for materials testing services are paid through development fees or are included within the budget of individual capital projects. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for materials testing services. The City received five (5) proposals in response to its' RFP. Staff reviewed the proposals and recommends that the City enter into a Professional Services Agreement (PSA) with Southern California Soil & Testing to provide materials testing services. Attachment 1 is the PSA with Southern California Soil & Testing which calls for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize staff to enter into a Professional Services Agreement with Southern California Soil & Testing for materials testing services; or 2. Do not authorize staff to enter into a Professional Services Agreement with Southern California Soil & Testing for materials testing services; or 3. Provide staff with alternative direction. Respectfully submitted, imotJ hy R. ass n P. E. Public Works DirecY6r/City Engineer Approved for submission by: 6 �/ L U -.0- -do ze_ - -- Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement for Materials Testing Services with Southern California Soil & Testing 2 14218 Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Southern California Soil & Testing ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Materials Testing Services as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1119 i- 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION & METHOD OF PAYMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "8" (the "Schedule of Compensation"). 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance maybe approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2006 and terminating on August 1, 2008 (initial term), and upon mutual agreement by both parties, the term may be extended up to one additional two-year term (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. James A. Lewis, Vice President/Regional Manager It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. JQ1 5.0 INSURANCE, INDEMNIFICATION AND .BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The minimum amount of insurance required hereunder shall be $250,000 per individual; $500,000 per occurrence.for Personal Injury/Property Damage Coverage. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not. be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Contractor shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against. those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a `�'� defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpgse intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for'any 1 default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status., national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 35 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. CITY: CONSULTANT: City Of La Quinta Southern California Soil & Testing Attn: Timothy R. Jonasson Attn: James A. Lewis, Vice President 78-495 Calle Tampico 83-740 Citrus Avenue, Suite G P.O. Box 1504 Indio, CA 92201-3438 La Quinta, CA 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any, one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, .such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: f By:ICA Name: Title: . C.�. PA.�s Date: Date: ! 2S (O EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. MATERIALS TESTING SERVICES The City of La Quinta requires services from this Professional Materials Testing/Geotechnical Laboratory firm to provide, equipment, services and products to be rendered in performing all designated work associated with the project which may include, but are not limited to, performing the following intermittent observation and testing services: • Provide a qualified technician as necessary to conduct density tests on roadway sub - grade, aggregate base, asphaltic concrete, slope fill and trench backfill placement as required. The tests will be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density curves (ASTM D1557) will be performed on various material types as they are encountered. Marshall density tests on the asphaltic concrete. • Provide an ACI-certified technician as necessary to make sets of concrete cylinders as needed and perform slump tests for the curb, gutter, concrete dip section, and other minor concrete. • Perform compression strength tests on concrete cylinders in accordance with ASTM C39. • Perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphaltic concrete. • Perform R Value Testing of street subgrade and recommend a pavement section based on the results of the test. • Reporting of any Non -Compliance results of materials to the City within twenty four (24) hours from the time of sampling. Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1 1 10- 20.0, WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Z9 SOUTHERN CALIFORNIA SOIL & TESTING, INC. Confidential Schedule of Fees for State 2006 Prevailing Wage Projects Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering, geology, and inspection services, on a time and materials basis. The fees for these services are, invoiced at the unit rates (less 15%) listed below. PROFESSIONAL ENGINEERING AND GEOLOGY Engineer/Geologist Principal Engineer, Geologist, Environmentalist.................................$159 Associate Engineer, Geologist, Environmentalist.................................142 Senior Engineer, Geologist, Environmentalist......................................126 Project Engineer, Geologist, Environmentalist.....................................107 Staff Engineer, Geologist, Environmentalist...........................................96 Assistant Engineer, Geologist, Environmentalist....................................84 Engineering/Technician Geotechnical Field Technician Supervisor...................................$97/*106 Geotechnical Technician............................................................... 80/*101 Floor Flatness (Dip Stick) Technician...................................................200 INSPECTION Inspectors Registered Pile Driving Inspector.................................................$97/*114 Registered Materials Special Inspector ........................................... 70/*92 QA/QC Inspector............................................................................ 70/*92 Materials Technician....................................................................... 701*89 Nondestructive Testing................................................................... 78/*95 MISCELLANEOUS Miscellaneous Senior Construction Consultant..........................................................$126 Project QA/QC Consultant............................................................ 85/*105 Coring Asphalt, Concrete, Masonry and Gunite...........................164/*175 Drafting..................................................................................................65 Word Processing...................................................................................65 Sample Pick Up (San Diego County).....................................................60 USAMark out................................................................................. 63/*84 *Services are subject to prevailing wage requirements. 1110 LABORATORY TESTING Soils Classification (USCS)......................................................................... $172 Plasticity Index (ASTM D4318)............................................................. 105 Sieve Analysis, Washed (ASTM D422)................................................... 69 Hydrometer Analysis (ASTM D422)........................................................ 92 Maximum Density/Optimum Moisture 4" mold (ASTM D1557) .............. 166 Maximum Density/Optimum Moisture 6" mold (ASTM D1557) .............. 184 Natural Density, Ring Samples (ASTM D2937)....................................... 27 Natural Density, Chunk Samples............................................................ 34 One Dimension Consolidation, per point (ASTM D2435)......................... 43 Collapse Potential (ASTM D2435).......................................................... 92 Expansion Index (UBC 29-2)................................................................147 Direct Shear, Three Points, Normal Speed (ASTM D3080)................... 153 Direct Shear, Two Points, Slow Speed (ASTM D3080)......................... 278 Residual Shear (ASTM D3080)............................................................ 368 Resistance Value (Cal 301).................................................................. 239 Resistivity and pH (Cal 643)..................................................................135 Sulfate Content (Cal 417)........................................................................ 63 Aggregate Sieve Analysis, Coarse (ASTM C136)................................................... $49 Sieve Analysis, Fine Washed (ASTM C136)........................................... 62 Percent Passing Sieve #200 (ASTM C117)............................................ 57 Specific Gravity, Coarse (ASTM C127)................................................... 57 Specific Gravity, Fine (ASTM C128)....................................................... 62 Organic Impurities (ASTM C40).............................................................. 49 Soundness, 5 Cycles, Sodium Sulfate (ASTM C88) per size ................100 Lightweight Pieces (ASTM C123)......................................................... 124 Clay Lumps and Friable Particles (ASTM C142)...................................100 Abrasion by L.A. Rattler (ASTM C131).................................................. 186 Cleanness Value, minus 1" (Cal 227)...................................................... 75 Durability Index (Cal 229)......................................................................186 Sand Equivalent (Cal 217)...................................................................... 69 Percent Crushed Particles (Cal 205).....................................................100 Absorption, Coarse or Fine (ASTM C127/C128)..................................... 32 LABORATORY TESTING (CON-T) Asphalt Concrete Maximum Bulk Specific Gravity (Cal 308)........................................... $110 Maximum Theoretical Specific Gravity (ASTM D2041).......................... 110 Bulk Specific Gravity, Cores (ASTM D1188)........................................... 48 Sieve Analysis Extracted Aggregate (ASTM D5444) ............................... 74 Percent Bitumen (ASTM D6307)........................................................... 153 Stability and Flow, Fabricate & Test (ASTM D1559) ............................. 122 Stabilometer (Cal 304).......................................................................... 122 Film Stripping (ASTM D1664)............................................................... 148 Percent Swell (Cal 305)........................................................................ 122 Concrete Mix Design or Review......................................................................... $130 Compressive Strength, 6"x12" Cylinders (ASTM C39)............................ 23 Compressive Strength, Core (ASTM C42)............................................... 49 Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10).......... 242 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496)........................ 62 Flexural Strength, 6"W'x24" Beam (ASTM C78)..................................... 62 Length Change, 3 Bars, 4 Readings (Cal 537)...................................... 309 Masonry Compressive Strength, Block 8"x8"xl6" (ASTM C140) ......................... $44 Compressive Strength, Prisms 8"x16"x8" or smaller ............................... 92 Compressive Strength, Prisms Larger than 8"xl 6"x8" (ASTM E447) ....124 Compressive Strength, Grout 3"x3"x6" (UBC 24-26) (ASTM E447) ........ 23 Compressive Strength, Mortar 2"x4" (UBC 21-16).................................. 23 Linear Shrinkage, Block (ASTM C426).................................................. 217 Efflorescence, Block (ASTM C67)........................................................... 49 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM E8) ........................ $62 Tensile Strength, #9, 10, 11 Reinforcing Steel (ASTM E8)...................... 75 Bend Test, #3 - #11 Reinforcing Steel (ASTM E8).................................. 37 1421 SOUTHERN CALIFORNIA SOIL & TESTING, INC. Confidential Schedule of Fees for Non -Prevailing Wage Projects Southern California Soil & Testing, Inc. (SCS&T), agrees to provide professional engineering, geology, and inspection services, on a time and materials basis. The fees for these services are invoiced at the unit rates (less 15%) listed below. PROFESSIONAL ENGINEERING AND GEOLOGY Engineer/Geologist Principal Engineer, Geologist, Environmentalist ................................. $159 Associate Engineer, Geologist, Environmentalist.................................142 Senior Engineer, Geologist, Environmentalist......................................126 Project Engineer, Geologist, Environmentalist.....................................107 Staff Engineer, Geologist, Environmentalist...........................................96 Assistant Engineer, Geologist, Environmentalist....................................84 Engineering/Technician Geotechnical Field Technician Supervisor ........................................... $97 Geotechnical Technician........................................................................80 Floor Flatness (Dip Stick) Technician...................................................200 INSPECTION Inspectors Registered Pile Driving Inspector......................................................... $97 Registered Materials Special Inspector..................................................70 QA/QC Inspector...................................................................................70 Materials Technician..............................................................................70 MISCELLANEOUS Miscellaneous Senior Construction Consultant..........................................................$126 Project QA/QC Consultant.....................................................................85 Coring Asphalt, Concrete, Masonry and Gunite...................................164 Drafting..................................................................................................65 WordProcessing...................................................................................65 Sample Pick Up (San Diego County).....................................................60 USAMark out........................................................................................63 143 LABORATORY TESTING Soils Classification (USCS)......................................................................... $172 Plasticity Index (ASTM D4318)............................................................. 105 Sieve Analysis, Washed (ASTM D422)................................................... 69 Hydrometer Analysis (ASTM D422)........................................................ 92 Maximum Density/Optimum Moisture 4" mold (ASTM D1557) ..............166 Maximum Density/Optimum Moisture 6" mold (ASTM D1557) .............. 184 Natural Density, Ring Samples (ASTM D2937)....................................... 27 Natural Density, Chunk Samples............................................................ 34 One Dimension Consolidation, per point (ASTM D2435)......................... 43 Collapse Potential (ASTM D2435).......................................................... 92 Expansion Index (UBC 29-2)................................................................147 Direct Shear, Three Points, Normal Speed (ASTM D3080)................... 153 Direct Shear, Two Points, Slow Speed (ASTM D3080) ......................... 278 Residual Shear (ASTM D3080)............................................................ 368 Resistance Value (Cal 301).................................................................. 239 Resistivity and pH (Cal 643).................................................................. 135 Sulfate Content (Cal 417)........................................................................ 63 Aggregate Sieve Analysis, Coarse (ASTM C136)................................................... $49 Sieve Analysis, Fine Washed (ASTM C136)........................................... 62 Percent Passing Sieve #200 (ASTM C117)............................................ 57 Specific Gravity, Coarse (ASTM C127)................................................... 57 Specific Gravity, Fine (ASTM C128)....................................................... 62 Organic Impurities (ASTM C40).............................................................. 49 Soundness, 5 Cycles, Sodium Sulfate (ASTM C88) per size ................ 100 Lightweight Pieces (ASTM C123).........................................................124 Clay Lumps and Friable Particles (ASTM C142)................................... 100 Abrasion by L.A. Rattler (ASTM C131)..................................................186 Cleanness Value, minus 1" (Cal 227)...................................................... 75 Durability Index (Cal 229)...................................................................... 186 Sand Equivalent (Cal 217)...................................................................... 69 Percent Crushed Particles (Cal 205)..................................................... 100 Absorption, Coarse or Fine (ASTM C127/C128)..................................... 32 1,14 LABORATORY TESTING (CON-T) Asphalt Concrete Maximum Bulk Specific Gravity (Cal 308)........................................... $110 Maximum Theoretical Specific Gravity (ASTM D2041).......................... 110 Bulk Specific Gravity, Cores (ASTM D1188)...........................................48 Sieve Analysis Extracted Aggregate (ASTM D5444) ............................... 74 Percent Bitumen (ASTM D6307)........................................................... 153 Stability and Flow, Fabricate & Test (ASTM D1559).............................122 Stabilometer (Cal 304)........:................................................................. 122 Film Stripping (ASTM D1664)...............................................................148 Percent Swell (Cal 305)........................................................................ 122 Concrete Mix Design or Review......................................................................... $130 Compressive Strength, 6"x12" Cylinders (ASTM C39) ............................ 23 Compressive Strength, Core (ASTM C42).............................................. 49 Compressive Strength, Shotcrete Panel 3 Cores (UBC 1922.10).......... 242 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496)........................ 62 Flexural Strength, 6"x6"x24" Beam (ASTM C78)..................................... 62 Length Change, 3 Bars, 4 Readings (Cal 537)...................................... 309 Masonry Compressive Strength, Block 8"x8"x16" (ASTM C140) ......................... $44 Compressive Strength, Prisms 8"x16"x8" or smaller ............................... 92 Compressive Strength, Prisms Larger than 8"x16"x8" (ASTM E447) ....124 Compressive Strength, Grout 3"x3"x6" (UBC 24-26) (ASTM E447) ........ 23 Compressive Strength, Mortar 2"x4" (UBC 21-16).................................. 23 Linear Shrinkage, Block (ASTM C426).................................................. 217 Efflorescence, Block (ASTM C67)........................................................... 49 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM E8) ........................ $62 Tensile Strength, #9, 10, 11 Reinforcing Steel (ASTM E8)...................... 75 Bend Test, #3 - #11 Reinforcing Steel (ASTM E8).................................. 37 1,15 EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services for an initial term of twenty-four (24) months beginning August 2, 2006 through August 1, 2008 (initial term), and upon mutual agreement by both parties, the term of this agreement may be extended for up to one two-year term (extended term). 1"!0 EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each technician assigned to the City project. 2. The Consultant shall provide his or her own transportation to and from the designated work site. 3. The Consultant shall respond at the job site to requests for material testing within twenty-four .(24) hours and provide written test results to the City within forty-eight (48) hours of testing. 4. The Consultant shall supply all necessary tools and materials to perform materials testing. 1,17 AGENDA CATEGORY: C22 COUNCIL/RDA MEETING DATE: August 1, 2005 BUSINESS SESSION: CONSENT CALENDAR: -lq ITEM TITLE: Adoption of a Resolution Approving the City's Amended Bicycle Transportation Plan for STUDY SESSION: Fiscal Year 2006/2007 PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council approving an amended Bicycle Transportation Plan (see Exhibit A of the Resolution) as required by the California Department of Transportation (Division of Local Assistance). FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Bicycle Transportation Account (BTA) funds local agency projects that improve safety and convenience for bicycle commuters. Local agencies must have an approved Bicycle Transportation Plan (BTP) to participate in the BTA program. Adoption of the City's BTP establishes eligibility for five (5) consecutive BTA funding cycles. In order for the City to be eligible for the 2006/2007 funding cycle, as well as the next four cycles beyond 2006/2007, an amended BPT must be adopted and submitted to the State for approval. On March 18, 1997, the City Council adopted, Resolution 97-16, approving the La Quinta Bicycle Transportation Plan (Attachment 1). This Plan was reaffirmed on March 7, 2000 by Resolution 2000-18 (Attachment 2). 148 Staff updated the original plan to reflect identification of new site locations of facilities which have bicycle racks and/or locker sites. In addition, new maps have been included which show striping and bike paths as they currently exist throughout the City. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the City's Amended Bicycle Transportation Plan; or 2. Do not adopt a Resolution of the City Council the City's Amended Bicycle Transportation Plan; or 3. Provide staff with alternative direction. Respectfully submitted, &AA,91- &tA"VA,) Terry De ringer, Management Analyst Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. City Council Resolution 97-16 2. City Council Resolution 2000-18 1119 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CITY'S AMENDED BICYCLE TRANSPORTATION PLAN FOR FISCAL YEAR 2006/2007 WHEREAS, the City Council of. the City of La Quinta, California did on the 18`h day of March, 1997, adopt, under Resolution 97-16, the La Quinta Bicycle Transportation Plan; and WHEREAS, on March 7, 2000, the City did reaffirm said Plan for the purpose of remaining eligible for Bicycle Transportation Account funding from the State of California; and WHEREAS, the City of La Quinta wishes to continue to utilize these state funds to further the goals and objectives of the City's General Plan, the City's Amended Bicycle Transportation Plan (Exhibit A), the region's bicycle commuter needs, and the Coachella Valley Association of Governments' System of Non -Motorized Facilities regarding a bicycle network. WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify the recommendation for reaffirming the approval of said Bicycle Transportation Plan. 1 . The Proposed Plan will not adversely affect the planned development of the City in that it will implement General Plan policy by designating specific locations of bike paths, lanes, and routes on select City streets and off -road areas. "The City shall facilitate the use of alternative, non- vehicluar modes of transportation through the identification of conceptual bicycle corridors throughout the City." 2. The Proposed Plan would not be detrimental to the health, safety, and welfare of the City because the Plan is designed to insure unsafe conditions do not occur. 3. There will be no significant impacts resulting from the Plan which, by it's nature, creates conditions that enhance, control, and are compatible with planned development. 4. The California Department of Transportation requires Bicycle 10 Resolution No. 2006 - 2006/07 Amended Bicycle Transportation Plan Adopted: August 1, 2006 Page 3 Transportation Plans to be current on a biennium basis for Bicycle Lane Grant Accounts acceptance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1 . That the recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approves the Amended Bicycle Transportation Plan for Fiscal Year 2006/2007 for the reasons set forth is this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of August, 2006, by the following vote to wit: AYES:Council Members NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: 151 Resolution No. 2006 — 2006/07 Amended Bicycle Transportation Plan Adopted: August 1, 2006 Page 3 M. KATHERINE JENSON, City Attorney City of La Quinta, California 1J' Attachment 1 RESOLUTION NO. 97-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL OF THE LA QUINTA BICYCLE TRANSPORTATION PLAN. WHEREAS, the City Council of the City of La Quinta, California did on the 181' day of March, 1997, hold a duly noticed public meeting to consider the Bicycle Transportation Plan for the City of La Quinta; and WHEREAS, a Program EIR has been prepared for the 1992 La Quinta General Plan, and pursuant to CEQA Guidelines, Sections 15162 and 15164, it has been determined that now new effects occur and no new mitigation measures are required as the Bicycle Transportation Plan is within the Scope of the General Plan Program EIR and no new environmental document is required; WHEREAS, at said public meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify the recommendation for approval of said Bicycle Transportation Plan. 1. The proposed plan will not adversely affect the planned development of the City in that it will implement General Plan policy by designating specific locations of bike paths, lanes, and routes on select City streets and off -road areas. Objective 3-6.1 of the General Plan Circulation Element states that "The City shall facilitate the use of alternative, non -vehicular modes of transportation through the identification of conceptual bicycle corridors throughout the City". 2. The proposed plan would not be detrimental to the health, safety, and welfare of the City because the plan is designed to insure unsafe conditions do not occur. 3. There will be no significant adverse impacts resulting from the plan because by it's nature, creates conditions which enhance, control, and are compatible with planned development. 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 the City Council in this case. 153 Resolution No. 97-16 Page 2 2. That it does hereby approve the Bicycle Transportation Plan for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on this 181h day of March, 1997, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None OC. GLENDA L. HOLT, Mayor City of La Quinta, California ATTEST: ;AUNDR—AL. J4JHOLA,. City Clerk City of La Quinta, California APPROVED AS TO FORM: ZLIP . . I L01 DAWN C. HONE WEL ,City Attorney City of La Quinta, California 154 Attachment 2 RESOLUTION NO. 2000-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING REAFFIRMATION OF APPROVAL OF THE LA QUINTA BICYCLE TRANSPORTATION PLAN WHEREAS, the City Council of the City of La Quinta, California did on the 7T" day of March ,2000, held a duly noticed Public Meeting to consider the reaffirmation of the approval of ''Bicycle Transportation Plan for the City of La Quinta; and WHEREAS, the City Council of the City of La Quinta, California did on the 18th day of March, 1997, held a duly noticed Public Meeting to consider and adopt the Bicycle Transportation Plan for the City of La Quinta; and, WHEREAS, a Program EIR has been prepared for the 1992 La Quinta General Plan, and pursuant to CEQA Guidelines, Sections 15162 and 15164, it has been determined that no new effects occur and no new mitigation measures are required as the Bicycle Transportation Plan is within the Scope of the General Plan Program EIR and no new environmental document is required. WHEREAS, at said Public Meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify the recommendation for reaffirming the approval of said Bicycle Transportation Plan. 1 . The Proposed Plan will not adversely affect the planned development of the City in that it will implement General Plan policy by designating specific locations of bike paths, lanes, and routes on select City streets and off -road areas. Objective 3-6.1 of the General Plan Circulation Element states that "The City shall facilitate the use of alterative, non -vehicular modes of transportation through the identification of conceptual bicycle corridors throughout the City." 2. The Proposed Plan would not be detrimental to the health, safety, and welfare of the City because the Plan is designed to insure unsafe conditions do not occur. 3. There will be no significant adverse impacts resulting from the Plan because by it's nature, creates conditions which enhance, control, and are compatible with planned development. 4. The California Department of Transportation requires Bicycle Transportation Plans to bel current on an biennium basis for Bicycle Lane Grant Accounts acceptance. 155 Resolution No. 2000-18 Bicycle Transportation Plan Adopted: March 7, 2000 Page 2 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 the Council in this case. 2. That it does hereby reaffirm the approval of the Bicycle Transportation Plan for the reasons set forth in this Resolution and as noted in the attachments. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of March, 2000, by the following vote, to wit: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pelia NOES: None ABSENT: None ABSTAIN: None JOHN . PE W , ayor City of La Quinta, California ATTEST: JUN GREEK, City Clerk City of La Quinta, California (City Seal) 156 _ Resolution No. 2000-18 Bicycle Transportation Plan Adopted: March 7, 2000 Page 3 APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California 15 Exhibit A AMENDED BICYCLE TRANSPORTATION PLAN CITY OF LA QUINTA RE -ADOPTED AUGUST 1, 2006 156 BICYCLE TRANSPORTATION PLAN CITY OF LA QUINTA I. GOALS AND OBJECTIVES docfb.20 Goal 1 Establish bicycle facilities within the City of La Quinta, consistent with planned regional routes, to encourage biking as a mode of transportation and recreation. Goal 2 Establish a local system of bicycle lanes and paths to encourage the use of the bicycle as a safe and convenient mode of transportation and recreation. Objectives: a. The City will establish a system of bicycle lanes within the street right- of-way to meet the needs of both the recreational and commuter cyclist; b. All bicycle trip destinations, including schools, public buildings, shopping areas, and parks should be equipped with bike racks; C. Include sites that are appropriate for educational or recreational purposes at appropriate schools, libraries and parks as part of the bikeway system; d. Where possible, require provision of designated bikeway segments by developers, and their connection with the Citywide network; e. The bicycle system will include a hierarchy of linkages, including the following linkages: 1) Bikeway connections to Coachella Valley Association of Governments (CVAG) regional paths, including paths along the Whitewater Wash, Highway 111 connecting to Lake Cahuilla via Jefferson and Madison Streets; 159 2) Safe bikeways to schools, including the 50th Avenue school complex, the La Quinta High School, La Quinta Middle School, and Adams (currently under construction) and Truman Elementary Schools; 3) Bikeways to parks, playgrounds, 50th Avenue Sports Complex, Fritz Burns Park, La Quinta Community Park, Adams Park, and potential park sites along Bear Creek Channel; f. Off-street bikeways should use open space corridors, flood control and utility easements where possible. Such trails will minimize automobile cross traffic. II. BICYCLE TRANSPORTATION PLAN 1. Background. La Quinta General Plan, CVAG Regional Plan, Subdivision and proposed Zoning Ordinance The La Quinta General Plan, adopted in 1992, consists of eight elements: Land Use, Circulation, Parks and Recreation, Environmental Conservation, Open Space, Environmental Hazards, Air Quality, and Infrastructure and Public Services. As part of the Circulation Element, the City adopted a Bicycle Corridor Policy Map. The Map identifies conceptual bikeway corridors throughout the City, promotes the use of bicycles as a safe and convenient mode of transportation and recreation, and provides a framework to build future bicycle facilities. The Bike Route Plan implements General Plan policies. The Bike Route Plan identifies local routes that are consistent with the Coachella Valley Association of Governments Non -Motorized Transportation Element. The La Quinta Subdivision Ordinance (Section 13.24.140 Special Improvements) requires bicycle lanes be designed and built as development occurs consistent with the General Plan Circulation Element standards. The Zoning Ordinance requires bicycle parking standards and bicycle racks for all new nonresidential uses to mitigate motor vehicle pollution and congestion. 2. Bicycle System docfb.20 i f+ j The La Quinta Bike Route Plan includes provisions for bicycles and pedestrians throughout the City. The proposed bicycle plan is designed to satisfy current and future requirements for safe and functional bicycle commuting and recreation in the City. Many bikeways can be implemented by signing and striping in conjunction with parking prohibitions, thereby causing minimal disruption to existing traffic patterns. Bicycle lanes will also be included in the construction of new street facilities or in the scheduled improvements of existing streets. Three classifications of bicycle facilities are incorporated into the City of La Quinta street system. The primary hierarchy of bikeways includes: Class I (off-street) facilities along selected off-street corridors; Class II (striped on -street) facilities along Major and Primary Arterials; and Class III (shared on -street or on the sidewalk) facilities along all other roadways. These three classifications are consistent with the CALTRANS Highway Design Manual, (Section 7, Chapter 1000) and are defined as follows: a. Class I Bikeways Class I bikeways (bike paths) are off-street facilities with exclusive right-of- way, serving the exclusive use of bicycles and pedestrians. Sidewalk facilities are not considered Class I bikeways because they are primarily intended to serve pedestrians. By State law, motorized bicycles are prohibited on bike paths unless authorized by ordinance or the agency having jurisdiction over the path. Methods for discouraging the use of off-street bikeways for motorized vehicle use include removable bollards and prominent signage. The minimum width for Class I bikeways is eight feet for a two-way path and five feet for a one-way path. All Class I facilities proposed for the City Bike Route Plan conform to this standard. Class I facilities are the Bear Creek Channel, the Whitewater Wash and Lake Cahuilla Park paths. b. Class II Bikeways Class II bikeways (bike lanes) for preferential use by bicycles are established within the paved area of roadways. Bike lane stripes are intended to promote an orderly flow of traffic. Bicycles have exclusive use of a bike lane but must share the facility with motor vehicles and pedestrians crossing it. Bike lane docfb.zo stripes can increase bicyclists' confidence that motorists will not stray into their path if they remain within the bike lane. Motorist must obey traffic laws regarding bicycles in the right-of-way. Bike lanes are one-way facilities. The width for these facilities is five feet. Class II facilities are included along Primary Arterials, including Miles Street, Adams Street, 48th Avenue, Eisenhower Drive, Calle Tampico, 52nd Avenue, 54th Avenue, Airport Boulevard, 58th Avenue, Jefferson Street, a portion of Washington Street, and Madison Street. Class II facilities consist of a five- foot striped bike lane off the roadway with a six-foot pedestrian path adjacent to the curb. (See attachment, Road Cross Sections). C. Class III Bikeways Class III bikeways are intended to provide continuity to the bikeway system. Class III facilities are shared facilities with motor vehicles on the street, and pedestrians and bicycles as a secondary use on the side walk. In the case of the City of La Quinta Bike Routes, these will consist of those streets identified on the Bike Route Plan. III. IMPLEMENTATION 1. Bicycle Lane Account The Bicycle Lane Account (BLA) is a funding mechanism for bicycle facilities outlined in Chapter Eight of the State Streets and Highways Code. Funds are part of the State Transportation Fund, and may be allocated to cities and counties for bikeways and related facilities, planning, and safety and education. Facilities may include new bikeways to service major transportation corridors; removal of travel barriers to potential bicycle commuters; bicycle parking; bicycle carrying facilities on public transit vehicles; installation of traffic control devices to improve safety; the elimination of hazardous conditions on existing bikeways; and safety, education, and routing signs. All bikeway projects must comply with minimum safety design criteria established by the California Department of Transportation (CALTRANS), and no funds may be used for maintenance. Funds are limited to $90,000 per project and $90,000 per agency. Local agencies must fund 10% of the project cost. doctb.2o v2 To be eligible for these funds, the City of La Quinta has an approved General Plan for Bikeways (i.e., Bikeway Corridor Policy Map), and the project(s) must have the potential of encouraging motorists to commute by bicycle --this excludes purely recreational facilities. Design of the project must conform to CALTRANS Design Manual Section 7, Chapter 1000 relating to bikeway planning and design, and the guidelines of Section 2386 of the Streets and Highways Code for allocating funds. To retain eligibility for funding, all new bike routes proposed by this Bicycle Transportation Plan conform to the minimum CALTRANS design standards. Z. Elements of the Bicycle Transportation Plan (BTP) La Quinta's Bicycle Transportation Plan is consistent with Section 891.2 of the Streets and Highways Code. a. The current estimate of 2,681 existing bicycle users in La Quinta is based on the General Plan EIR Circulation Element and uses a .007 modal split factor from the total daily traffic trips. The projected 8,396 bicycle users in La Quinta are based on the same modal split for the build -out scenario used in the General Plan, EIR Circulation Element. b. Attached is the 2005 La Quinta General Plan Map. C. Attached are the 1996 Existing and Proposed Bike Route Plan, and the CVAG Non -Motorized Transportation Element, map of proposed facilities. d. Attached is the 2006 Existing and Proposed Bike Path Route Plan that identifies current end of trip bicycle parking facilities. Proposed facilities will be obtained from new development through development stipulations. The facilities identified below are for employees of that business. (The Boys and Girls Club facilities are for employees and patrons.) The existing facilities include: 1. Boys and Girls Club of Coachella Valley La Quinta Unit 49-995 Park Avenue La Quinta, CA 92253 Bicycle racks, changing lockers, and showers docfb.20 G 3 2. Ralphs Grocery Company 50-929 Washington Street La Quinta, CA 92253 Bicycle racks and changing lockers 3. Vons Grocery 78-271 Highway 111 La Quinta, CA 92253 Bicycle racks and changing lockers 4. Stater Bros. Markets 78-630 Highway 111 La Quinta, CA 92253 Bicycle Rack 5. La Quinta Resort and Club 49-499 Eisenhower Drive La Quinta, CA 92253 Bicycle racks, changing lockers and showers 6. La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 Bicycle racks, changing lockers and showers 7. Truman Elementary School 78-870 50th Avenue La Quinta, CA 92253 Bicycle racks, changing rooms and showers aocfb.2o 8. La Quinta Middle School 78-900 50th Avenue La Quinta, CA 92253 Bicycle racks, changing rooms and showers 9. La Quinta High School 79-255 Westward Ho Drive La Quinta, CA 92253 Bicycle racks, changing rooms and showers 10. Riverside County Fire Department 78-136 Frances Hack Lane La Quinta, CA 92253 Changing lockers and showers 11. Riverside County Fire Department 54-001 Madison Street La Quinta, CA 92253 Changing lockers and showers 12. Stein Mart 780945 Highway 111 La Quinta, CA 92253 Changing rooms, no lockers 13. Marshalls Store 79-395 Highway 111 La Quinta, CA 92253 Changing rooms, no lockers doctb.20 14. Lowe's Home Improvement Warehouse of La Quinta 78-865 Highway 111 La Quinta, CA 92253 Bike racks and changing rooms 15. Target Stores 78-935 Highway I I I La Quinta, CA 92253 Bike racks and changing rooms 16. Office Depot 78-987 Highway 111 La Quinta, CA 92253 Changing rooms, no lockers 17. Big Five Sport 7 8-7 10 Highway I I I La Quinta, CA 92253 Bike racks and changing rooms 18. Kohl's Department Store 78-950 Highway I I I La Quinta, CA 92253 Changing rooms, no lockers 19. La Quinta Public Library 78-275 Calle Tampico La Quinta, CA 92253 Bicycle racks docfb.20 0; docfb.20 20. United States Post Office 79-125 Corporate Way La Quinta, CA 92253 Employee only accessible bike racks e. Sun Line Transit Agency buses accommodate bicycles on all of their fleet. f. Future facilities for changing and storing clothing and equipment at bicycle parking facilities would only be considered by each new private development. Although no public facilities for changing and storing clothes and equipment are currently planned, facilities would only be considered along the regional Whitewater Wash bike route. g. The Riverside County Sheriff's Department (which provides police services to La Quinta) conducts bicycle safety programs at the schools in La Quinta. The programs are typically held at the start of the school year and just prior to summer. The Sheriff's Department reports that due to the training and bicycle safety programs, the incidence of vehicle vs. bicycle accidents are extremely low in La Quinta. Statistical findings indicate from 2001 through 2005, an average of 2.6 bicycle vs automobiles injuries were recorded yearly. The Sheriff's Department actively enforces provisions of the Vehicle Code regarding bicycle operation. h. Letters of support are attached. The La Quinta Parks and Recreation Commission and the Planning Commission have approved for adoption the La Quinta Bike Route Plan. The City Council has adopted the Plan. i. The plan has been reviewed by the Coachella Valley Association of Governments and was found to be consistent with their planning efforts. The Plan is consistent with all State, regional and local air quality plans. The Riverside County Transportation Commission (RCTC) will review and approve the Bike Route Plan. 1 G " j. The attached map identifies project priority for implementation. k. The City's policy is to obtain future bikeways including lanes and sidewalks through the development process. There are two bikeways that require future financial funding: Based upon the Coachella Valley Association of Governments Non -Motorized Transportation Element plan, the estimates for completion of Class 1, Class 2 and Class 3 projects would be: Coral Reef Mountain Bikeway $330,000 to implement; and the completion of the White Water Channel bikeway $400,000 to implement. The City completed the Bear Creek Channel Bike Path at a cost of $280,000 to implement. aocfb.2o 7 a =o =a s ffi J m F- E E � E e c a g y � � � uu a K E G Ep v$ E m a W W O S f W EE J C g E E E r 9 Ssr a o f g g .¢ E J t u 1 f' 9 CHAPTER. 5: B9C YCLE PLANS DFacilities 4 f=red%(VarincExisting aBicyclCity of r L�,� Westward Ho .fir Ave 4 5 �y - O-' ma a (: Ave50a w a � • a .a Call `Tam i Ave 52 dear C<< Calle SiA ' oa CO � a ` a C13, O • �' u + Ave 5-4 ♦ Q•a ..-- _ Calte Tecate .:� Airport LEGEND ' Existing Class i Bikeway Existing Class If Bikeway Existing Class III Bikeway Proposed Class I Bikeway 4 Proposed Class 11 Bikeway Proposed Class III Bikeway Existing marking Facility a schools .,- Activity Centers 0 0.5 9 Miles Ave 58 . �_ . ...._.-. ........... - - ----_ e 4 O Ave 62: 2 (c) CVAG Non -Motorized Transportation i'lan r �'� •� A? Q U ~ < LL O O) C ` W t6 COa 0 N U V U_ r \ m n S; n a r o o a o o p ,Q o 0 0 o S o c •� 8 're �x me on n' Ex i x x �x 3 w o 8 r o =$ 3Y s'a � I d I �a gI $ fi S"a a2 dw�( H M h f f n 0, m n N p 6 n > n w h K 3 p 9 7 V tS I�t`aNi};SVNIk. a IV H ` jn ju a� a '," 6 3 WNN3S1U. r U. Q < Ws` ry r-a -Nlil3NN(1bVQa rw 3 _... ce ae3iYlVd��3101,- a Po to ?Z _ �, d1l1lS 1213s3o a F IN3IN 1"S3A kP a' - oa12v1d�osbas;alvtls9 vsinoNa fu c O -- j IS8Y1W(N - ao QN Wit 14 ; II�1SW�Yd 3Nf14 ut r i OC O ' W � c G CWi M J yd` AYgp3� = tS I'rQl _ — 2 (d) CVAG COACHELLA VALLEY 2H ASSOCIATION of G'OC VERNMENTNS_ 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 April 14,2006 Tom Genovese, City Manager City of La Quinta 78-495 Calle Tampico La Q;:inta, CA 92253 Re: Letter of Support for the La Quinta Bicycle Transportation Plan Dear Tom: It is with great pleasure that we once again write a letter of support for the City of La Quinta's Bicycle Transportation Plan update for 2006. This plan is a perfect fit and conforms to the CVAG Regional Non -Motorized Transportation Plan (August 29, 2005) developed and implemented by the Coachella Valley jurisdictions through CVAG. The CVAG Non -Motorized Transportation Plan was funded by the Southern California Association of Governments (SCAG) and is to be included in SCAG's Regional Mobility Element. The La Quinta Bicycle Transportation Plan will further strengthen and support the opportunities for Bicyclists not only in the City but in the entire Coachella Valley. The La Quinta Plan envisions a network of bicycle corridors throughout the City with connections to the regional routes. It is my belief that the La Quinta Bicycle Transportation Plan will help immeasurably in achieving the goals of the Regional Plan. Therefore, I fully endorse your efforts for updating, maintaining and implementing your part of the Regional Plan within the City of La Quinta. John Wohlmuth Executive Director 1'7 Pool 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1127 • FAX (760) 340-5949 CHAPTERS: BICYCLE PLANS ■ Class 11 on Madison Street from Avenue 54 to Avenue 58 (2 miles) ■ Class II on Airport Boulevard from Madison Street to city limit (1 mile) Proposed La Quinta has proposed 18 bikeway projects to be included in this Plan. They include two Class I projects, 15 Class II projects, and one Class III project. The projects are listed below by priority. Top priority project costs are based on past expenditures for bikeways throughout California. Costs for individual projects will vary by location and complexity of the project. Class I projects are estimated at $500,000 per mile, Class II projects are estimated at $50,000 per mile, and Class III projects are estimated at $10,000 per mile. City of La Quinta Top Priority Projects Class Street/Path From To Mileage Cost Destinations Whitewater River- Happy Point SR-1 11 Washington Street 0.50 $250,000 Regional Connector connection II Avenida Bermudas Calle Sinaloa Calle Tecate 1.50 $37,500 La Quinta Cove southbound only tl Calle Tecate Avenida Madero Avenida Bermudas 0.50 $12,500 La Quinta Cove westbound only City Hall, La Quinta Fil-F Avenue 52 Eisenhower Drive Washington Street 0.75 $37,500 Cove City of La Quinta 2nd Priority Bikeway Projects Class Street/Path From To 11 Washington Street northern city limit Avenue 50 II Jefferson Street northern city limit Avenue 54 City of La Quinta 3rd Priority Bikeway Projects Class Street/Path From To I Whitewater River Washington Street Indio city limit I All American Canal Avenue 50 Avenue 54 II Fred Waring Drive Washington Street Jefferson Street 11 1 Miles Avenue Washington Street Jefferson Street II SR-1 11 Indian Wells city limit Indio city limit 11 Avenue 50 Washington Street Madison Street II Calle Tampico, Park Avenue Washington Street Avenue 50 it Avenida Bermudas Calle Tampico Calle Sinaloa It Avenue 52 Washington Street eastern city limit II Avenue 54 Jefferson Street eastern city limit II Avenue 58 Jefferson Street eastern city limit 2 (i ) 1,73 CVAG Non -Motorized Transportation Plan COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval of a Contract Services Agreement with the La Quinta Playhouse for the 2006-2007 Performing Arts Season RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: '15 STUDY SESSION: PUBLIC HEARING: Approve a contract services agreement with the La Quinta Playhouse ("Playhouse") in the amount of $50,000 to be used for the 2006-2007 performing arts season. FISCAL IMPLICATIONS: At its July 21, 2006, the City Council authorized the expenditure of $50,000 to the Playhouse for the 2006-2007 season. The funding source for this request is identified in the Community Services Department budget as a line item for Community Special Events (#101-3001-451.33-62). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the July 19, 2005 City Council meeting, the City Council received correspondence from the Playhouse requesting funding for their 2005-2006 season. The Playhouse was awarded $50,000, which was used to offset the cost of offering six on-stage performances under a large tent to be located in Old Town. At the July 18, 2006 meeting, the City Council authorized $50,000 through the Fiscal Year 2006-2007 budget to fund the La Quinta Playhouse for the 2006-2007 performing arts season (Attachment 1) for community concerts and other performing arts events. Attachment 2 is the draft of the Contract Services 1 "If 4 Agreement which has been reviewed by the City Attorney and by the La Quinta Playhouse representatives. The agreement provides for two payments of $25,000: The first payment is to be made upon contract execution, and the second payment at the season midpoint (approximately December 15, 2006). The Playhouse will provide both a mid -season and a final financial report. The Playhouse will acknowledge the City as a sponsor in all its marketing materials, and on display boards within the tent, which will be placed next to El Ranchito Restaurant in the La Quinta Village. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract services agreement with the La Quinta Playhouse in the amount of $50,000 to be used for the 2006-2007 performing arts season; or 2. Do not approve a contract services agreement with the La Quinta Playhouse in the amount of $50,000 to be used for the 2006-2007 performing arts season; or 3. Provide staff with alternative direction; or Resp tfully submitted, Ed e H Ito , domnlunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Planned 2006-2007 Season of Events 2. Contract Services Agreement 175 ATTACHMENT 1 LA QUINTA PLAYHOUSE Planned 2006-2007 SEASON October 200' — November 26 h "I Love You, You're Perfect, Now Change" Hugely popular Musical, that moves through all the stages of Love and Marriage. December 8" — 24`h "A Tuna Christmas" Hilarious holidays in the third smallest town in Texas. Two actors in many roles, give tour de force performances January 19t' —February 18t' "Lend me a Tenor" It's the Cincinnati Opera 1934, and there is a mix-up with the star Italian tenor ... a hilarious farce ensues. March 10'h —April 8' "Glengarry Glen Ross" David Mamet's gritty, award winning play, unveils the brutal, alpha dog world of real estate 1980's The Box Office and general information Number is 360-9191 Our Children's Education Program will be on Saturdays beginning in October and running until March. There will be a fully staged children's play in our schedule — dates to be announced. For more information about the Children's Program contact Noemi Hane 887-2768 Our new home for our Theatre under the Tent, is in the Village in Old Town on Calle Estado, next to El Ranchito 176 177 ATTACHMENT 2 2006-2007 CONTRACT SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, (the "City") and the La Quinta Playhouse (the "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services related to the promotion of the La Quinta Playhouse 2006-2007performing arts season as specified in the "Scope of Services and Schedule of Performance" set forth in this Agreement as well as those set forth in Exhibit 'A" which is attached hereto and incorporated herein by this reference as though set forth in full. These services are collectively referred to hereinafter as the "services" or the "work." Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal and bid, if any, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of the proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall be responsible for ensuring that event vendors have proper permits, licenses and approvals as may be required by all applicable laws and ordinances. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that (a) it has thoroughly investigated and considered the work to be 1730 performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should the Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.4 hereof). 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in an amount not exceeding the maximum contract amount of Fifty thousand dollars ($50,000), the contract sum. $25,000 to be paid upon execution of this contract; $25,000 to be paid at the mid -point of the 2006-2007 Season, approximately December 15, 2006. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in the Scope of Services and Schedule of Performance (Exhibit "A"). Extensions to the time period specified in the Scope of Services and Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Scope of Services and Schedule of Performance (Exhibit "A") for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. i "y 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Lynn Centeno, Treasurer It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a material inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Contractor and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contractor Officer: The Contract Officer shall be Thomas P. Genovese, or such other person as may be designated by the City Manager of the City. It shall be the Contractor's responsibility to assure the Contract Officer is kept informed of the progress of the performance of the services and the contractor shall refer any decisions which must be made by the City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. In the event that Contractor does not obtain prior written approval of City, the entire Agreement at the City's sole discretion shall be rendered null and void, and shall discharge any and all duties which the City has under this Agreement. 11130 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. The Contractor shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor's acts or omissions rising out of or related to Contractor's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be determined by the Contract Sum in accordance with the following table: Contract Sum Less than $50,000 $50,000 - $300,000 Over $300,000 Coverage (personal injury/ property damage) $100,000 per individual; $300,000 per occurrence $250,000 per individual; $500,000 per occurrence $500,000 per individual; $1,000,000 per occurrence The Contractor shall also carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by the Contractor, its officers, any directly or indirectly employed by the Contractor, any subcontractor, and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contractor's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contractor's performance hereunder and neither the City nor its insurers shall be 181 required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. Contractor shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days' written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contractor's obligation to indemnify the City, its officers, employees, contractors, subcontractors or agents. 5.2 Indemnification. The Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents, ("Indemnified Parties") from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by the City) and for errors and omissions committed by Contractor, its officers, employee representatives and agents, which arise out of acts or activities of Contractor's or Contractor's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Contractor shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies the City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. i,3^ b. Order the Contractor to stop work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Contractor's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall provide a program report if requested by the City at any time during the duration of this Agreement. A final report, including an itemized accounting of expenditures as related to the items listed in Exhibit A, shall be provided on or about June 15, 2007. 6.2 Records. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default 133 within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Contractor sufficient funds to compensate City for any losses, costs, liabilities or damages it reasonably believes were suffered by City due to the default of Contractor in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contractor requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.9 for termination for cause. Both parties to this Agreement reserve the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services 134 authorized by the Contract Officer thereafter in accordance with Section 6.3 or such as may be approved by the Contract Officer, except as provided in Section 7.3. Contractor shall keep adequate records to substantiate the cost claimed. 7.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION. 8.1 Non -liability of City Officers and'Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to 'the Agreement which effects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor hereby covenants that it has, at the time of the execution of this Agreement, no interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement, nor shall it acquire any such interest at any time during such performance of services. Contractor further covenants that during the performance of this Agreement, no person having any such interest shall be employed by Contractor. 8.3 Covenant against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, disability or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, physical disability, mental disability, medical condition, age or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section 9.1. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Attention: Thomas P. Genovese, City Manager To Contractor: La Quinta Playhouse P.O. Box 2006 La Quinta, CA 92247 Attention: Lynn Centeno 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: By: THOMAS P. GENOVESE, City Manager "CITY" La Quinta Playhouse: As Name: Title: "CONTRACTOR" EXHIBIT "A" Scope of Services and Schedule of Performance Promote and market the following: La Quinta Playhouse 2006-2007 Performing Arts Season, per the attached schedule of performances. Marketing services for the above include an extensive marketing program wherein the name "City of La Quinta" and the official City logo will be prominently displayed as a Sponsor at all times within the tent, which will be placed next to El Ranchito Restaurant in the La Quinta Village. Said coverage to include but not limited to: newspapers, magazines, radio and television advertising, as well as other marketing materials, commemorating the events and the City of La Quinta as a Sponsor. i3$ `o44PQUifErC4j Z'z Cl. �� OF TK�� COUNCIL/RDA MEETING DATE: August 1, 2006 AGENDA CATEGORY: CS BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the Finance Director and Two Members of the Investment CONSENT CALENDAR: Advisory Board to Attend the 2005 Local Agency Investment Fund (LAIF) Conference November 30 - STUDY sEssloN: December 1, 2006 in Sacramento, California PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the 2006 Local Agency Investment Fund (LAIF) Conference November 30 - December 1, 2006 in Sacramento, California. FISCAL IMPLICATIONS: Account No. 101-4001-415.51-01 Travel and Training contains $2,500 for two Investment Advisory Board members and one staff member to attend this conference Registration $300 Meals 450 Airfare 850 Hotel 830 Mileage 50 Parking 20 Total $2,500 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Annual Local Agency Investment Fund Conference will be held November 30 - 1 December 1, 2006 in Sacramento. The LAIF 2006 Annual Conference is a two-day conference that focuses on financial issues affecting local governments and the investment pool. A preliminary conference schedule is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, November 30 - December 1, 2006; or 2. Do not approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, November 30 - December 1, 2006; or 3. Provide staff with alternative direction. Respectfully submitted, M 1 John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. LAIF Conference Information RA 1,0 Attachment 1 Conference Local Agency Investment Fund (LAIF) Annual COnfet'ence Date: November 30 - December 1, 2006 Where: Sacramento Convention Center Sacramento, CA The annual Local Agency Investment Fund Conference will be held on Thursday, November 30 at the Sacramento Convention Center in Sacramento. A post -conference tour of Investments/LAIF is scheduled the following day, Friday, December 1 at the State Treasurer's Office (Jesse Unruh Building). It is anticipated the conference registration form will be posted on the LAIF website(www.treasurer.ca.gov/pmia-laif) and mailed to participating LAIF agencies two months prior to the event. T4'�t 4 4 Q" COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval of a Ratification of a Contract with Lennar Homes by the City Manager for the Pavement Rehabilitation of Fred Waring Drive from Jefferson Street to Port Maria Road RECOMMENDATION: AGENDA CATEGORY: C6 BUSINESS SESSION: CONSENT CALENDAR: M STUDY SESSION: PUBLIC HEARING: Ratify a contract with Lennar Homes in the amount of $48,955 for the Pavement Rehabilitation of Fred Waring Drive from Jefferson Street to Port Maria Road. FISCAL IMPLICATIONS: The FY 06/07 Pavement Management Program Account No. 101-7003-341-34-04 is available to fund this work. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Prior to the start of the road improvements to Fred Waring Drive for the Esplanade development project, the asphalt pavement on Fred Waring Drive from Jefferson Street to Port Maria Road was severely damaged. The City's inspector identified several areas of Fred Waring Drive outside of the development work area that needed replacement. A contract with Lennar Homes was agreed upon to repair the road. Staff believed the asphalt replacement needed to repair the road could be done most expeditiously and cost effectively by the developer, Lennar Homes, who was constructing improvements near the above -mentioned section of Fred Waring Drive to satisfy conditions of approval for their tentative tract map. The City's municipal code makes provisions for the City Manager to execute contracts by the most expeditious manner when time is of the essence, provided the contract is ratified by the City Council. This work was considered an emergency in order to avoid further damage of the road and additional delay to motorists. The work is now complete and the road is in service. Staff has reviewed the developer's costs, and recommends acceptance of this work and ratification of the contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Ratify a contract with Lennar Homes in the amount of $48,955 for the Pavement Rehabilitation of Fred Waring Drive from Jefferson Street to Port Maria Road; or 2. Do not ratify a contract with Lennar Homes in the amount of $48,955 for the Pavement Rehabilitation of Fred Waring Drive from Jefferson Street to Port Maria Road ; or 3. Provide staff with alternative direction. Respectfully submitted, +IIcR . o asso E . ork irector, City Engineer Approved for submission by: G Thomas P. Genovese, City Manager 193 T4,Y" 4 6420 QUM& COUNCIL/RDA MEETING DATE: ITEM TITLE: Acceptance of Washington Street Median Improvements, Project No. 2003-09, and Approve Contract Change Order No. 6 RECOMMENDATION: AGENDA CATEGORY: C8 BUSINESS SESSION: CONSENT CALENDAR: /9 STUDY SESSION: PUBLIC HEARING: Accept Washington Street Median Improvements Project No. 2003-09 as 100% complete. Authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder. Authorize staff to release retention in the amount of $ 159,209 thirty-five days after the Notice of Completion is recorded. Approve Contract Change Order No. 6 for a Final Contract Quantity Adjustment. FISCAL IMPLICATIONS: The following is a budget summary: Budget Total Amount spent through June 30, 2006 Amount Available Original Contract Contract Change Order No. 1-4 (* ) CCO # 6 - Quantity Adjustments for Actual Quantities Installed Total Construction Costs Amount Paid to Date Remaining Fiscal Commitment Maintenance amount Remaining to be Billed Retention to be Released 35 Days after Recordation Amount Remaining to be Billed $ 1,913,961 $ (1,622,907) $ 2919054 $ 1,416,834 $ 84,978 $ 32,813 $ 1,534,625 $ (1,376,545) $ 158,080 $ (5,130) $ (152,950) $ 0 (*)Change Order No. 5 was $62,612 for repair of Washington St at Fred Waring Dr. by this contractor. Adequate funding is available to pay the contractor's remaining billing and retention ($152,950) for project closeout of the Washington Street Median Improvement Project. In addition, an addition $6,259 of retention is due related to change order No. 5 for the Washington St. Fred Waring Dr. maintenance repair for a total retention of $159,209 CHARTER CITY IMPLICATIONS: None .BACKGROUND AND OVERVIEW: The Washington Street Median Improvements and the New Traffic Signal at Sagebrush, Project No. 2003-09 were included within the Fiscal Year 2003-2004 Capital Improvement Plan approved by City Council on May 20, 2003. The proposed improvements were installed on Washington Street between Avenue 48 and Avenue 50. Improvements included installing a raised curb median with landscaping and irrigation, median lighting, and a new traffic signal at the Sagebrush intersection. The landscape palette was consistent with the City Council approved "desert-scape" theme for primary image corridors. On April 5, 2005, City Council approved the PS&E and authorized staff to advertise for bid the Washington Street Median Improvements, Project No. 2003-09. On June 21, 2005, the City Council awarded a contract in the amount of $1,416,834 to Dateland Construction Company Inc. to construct the Washington Street Median Improvements, Project No. 2003-09, and approved an appropriation for an additional $325,782 from the Transportation Development Impact Fees. On September 6, 2005, a Notice to Proceed was issued with a 120 consecutive calendar day contract completion time starting September 12, 2005, and ending on January 9, 2006. Contract Change Orders 1-5 extended the contract until the additional work could be completed due to material supply, traffic and safety concerns. The project was deemed substantially complete on February 1, 2006 with final Contractor Change Order work completed in April 2006. Miscellaneous median and paving work added to the contract has delayed formal acceptance of the work until now. On February 21, 2006, City Council approved Contract Change Order No. 5 in the amount of $62,592 for the repair of the failing asphalt surface at Washington Street and Fred Waring Drive. This repair was made by Dateland Construction Company utilizing the Street Maintenance Contract Services Account No. 101-7003-431.34-04. The project's construction effort is now deemed to be 100% complete and is in compliance with the plans and specifications. Quantity adjustments must be made between the proposed Bid Quantities, and the Actual Quantities utilized. Actual quantities may vary due to incorrect Bid Quantities and/or additional areas being added to the project scope. i�5 Prior to filing the Notice of Completion, staff must receive authorization from the City Council to approve this project as 100% complete and authorize the City Clerk to file a Notice of Completion. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the Washington Street Median Improvements Project No. 2003-09 as 100% complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; authorize staff to release retention in the amount of $159,209, thirty-five days after the Notice of Completion is recorded; and approve Contract Change Order No. 6 for a Contract Quantity Adjustment ; or 2. Do not accept the Washington Street Median Improvements Project No. 2003- 09 as 100% complete; do not authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; do not authorize staff to release retention in the amount of $159,209, thirty-five days after the Notice of Completion is recorded; and do not approve Contract Change Order No. 6 for a Contract Quantity Adjustment; or 3. Provide staff with alternative direction. Respectfully submitted, (::T* othy R J na o , P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Contract Change Order No. 6 //InnT Lal� 'c f- Z 4 OF r1 9 CONTRACT: Dateland Construction Co. 50-305 Highway 111 Coachella, CA 92236 ATTACHMENT 1 Sheet 1 of 2 PROJECT NO. 2003-09 CONTRACTOR: Washington Street Medians (Avenue 48 to Avenue 50) CONTRACT CHANGE ORDER NO. 6 Pursuant to the terms of the original Contract Agreement, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Contract. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Contract. DESCRIPTION OF CHANGE This Contract Change Order allows for the adjustment of the actual Final Quantities installed versus the Bid Amount Quantities. Amount $ 32,81250 Previous Contract Amount Through Change Order No. 5 $1,564,404.14 Add This Change Order No. 6 $ 32 812.50 Revised Contract Total $ 1,597,216.64 Submitted By: Date: Approved By: Date: We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as maybe noted above, and perform all services necessary to complete the above specified work, and hereby q ept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted B Title: Contractor: e L Date: 7l o 4 1! 1' T:U'ROJECTS\2_CONSTRUCTIOM2003-09 WASHINGTON MEDIAN & LANDSCAPE\CONSTRUC ION\PROGRESS BILLINGS & CCO'S\CCO #6- QUANTITY ADJUSTMENT.DOC ATTACHMENT CITY OF LA QUINTA Washington Street Median Improvements Project No. 2003-09 Final quantity Adjustment Comparison Base Bid Area Actua' l QuanInstalled Contractor's Bid Amount Item No. Description Unit Bid Q Unit Price Ouan' New Total Unit Price I Extended Price Cost Difference Mobilization 1 LS 1 $69 500.00 1 $69 500.00 $69 500.00 $69 500.00 $0.00 Traffic Control 2 LS 1 $45 000.00 1 $45 000.00 $45 000.00 $45 000.00 $0.00 Provide Dust Control (PMIO) in accordance with 3 A MD re ations LS 1 $88 500.00 1 $88 500.00 $88 500.00 $88 500.00 $0.00 Clearing and Grubbing 4 LS 1 $112000.00 1 $112000.00 $112000.00 $112000.00 $0.00 Sawcut Existing Asphalt 5 LF 11500 $3.75 11500 $43125.00 $3.75 $43125.00 $0.00 Unclassified Excavation (F) 6 CY 4400 1 $18.70 4400 $82280.00 $18.70 $82280.00 $0.00 Construct 6" Concrete Curb 7 LF IU 500 $13.45 10,500 $141 225.00 $13.45 $141 225.00 $0.00 5.5" Asphalt Pavement Over 6.5" CL2 Aggregate 8 Base SF 27300 $4.25 27,300 $118 025.00 $4.25 $116 025.00 $0.00 Construct 4" Colored, Stamped Paving at Median 9 Nose SF 8,400 $8.75 12,150 $108 312.50 $8.75 $73 500.00 $32 812.50 Install Traffic Loops 10 EA 23 $375.00 23 $8 625.00 $375.00 $8 625.00 $0.00 Traffic Signal Installation 11 LS 1 $190 500.00 1 $190 500.00 $190 500.00 $190 500.00 $0.00 Signing and Striping 12 LS 1 $36 500.00 1 $38 500.00 $36 500.00 $38 500.00 $0.00 Famish and install 3" - 8" diameter "Sun Pebbles' 13 Per Plans. details andspecification, TN 110 $166.00 110 $18 260.00 $166.00 $18.260.001 $0.00 Install Decorative "Desert Select" Boulders 4' 14 diameter per plans, details and specifications EA 25 $190.00 25 $4 750.00 $190.00 $4 750.00 $0.00 Install Decorative "Desert Select" Boulders 3' 15 diameter w. Plans.details ands mific.u.n. EA 29 $142.00 29 $4 118.00 $142.00 $4 118,00 $0.00 Install Decorative "Desert Select' Boulders 2' 16 diameter per plan,. details andspecifications EA II $108.00 11 $1188.00 $108.00 $1188.00 $0.00 Furnish and install "Desert Gold" fines 2" thick per 17 DIrms and s ecifications (27,263 sf TN 273 $62.00 273 $16 926.00 $62.00 $16 926.00 $0.00 Furnish and install Irrigation System complete and in 18 Place LS 1 $64 600.00 1 $64 600.00 $64 600.00 $64 600.00 $0.00 Furnish and install 7' brown trunk Mexican Fan 19 Palm skinned - includes backfnll and fertilizer EA 10 $450.00 10 $4 500.00 $450.00 $4 500.00 $0.00 Furnish and install 11' brown trunk Mexican Fan 20 Palm skinned - includes backfill and fertilizer EA 7 $690.00 7 $4 830.00 $690.00 S4 830.00 $0.00 Furnish and install 36" Box Mediterranean Fen Palm 21 EA 8 $768.00 8 $6144.00 $768.00 $614C00 $0.00 Furnish and install 3' Mexican Blue Palm 22 EA 15 $1450.00 15 $21750.00 $1450.00 $21750.00 $0.00 Furnish and install 5' Mexican Blue Palm 23 EA 8 $2 400.00 8 $19 200.00 $2 400.00 $19 200.00 $0.00 Fumish and install 36" Box Sweet Acacia 24 EA 4 $760.00 4 $3 040.00 $760.00 $3 040.00 $0.00 Furnish and install 36" Box Ev ga- Pear 25 EA 2 $780.00 2 $1560.00 $780.00 $1,560.001 $0.00 Famish and install I gallon Dwarf Chaparral Broom 26 EA 127 $8.30 127 $1054.10 $8.30 $1054A0 $0.00 Fura sh and install 36" Box Purple Orchid Tree 27 EA 8 $780.00 8 $6240.00 $780.00 $6240.00 $0.00 Fumish and install 36" Box California Pepper 28 EA 9 $805.00 9 $7 245.00 $805.00 $7 245.00 $0.00 F-ish and install 36' Box Crepe Myrtle 29 EA 6 $735400 6 $4 410.00 $735.00 $4 410.00 $0.00 Furnish and install 36" Box Blue Palo Verde 3() EA 9 $780.00 9 $7 020.00 $780.00 $7 020.00 $0.00 Fumish and install 5 gallon Barbados Pride 31 EA 24 $26.00 24 $624.00 $26.00 $624.00 $0.00 Furnish and install 5 gallon Thunder Cloud 32 EA 48 1 $25.00 48 $1200.00 $25.00 $1200.00 $0.00 Furnish and install 5 gallon Desert Cassia 33 EA 26 $22.00 26 1 $572.00 $22.00 $572.00 $0.00 Famish and install 8 cane Ocotillo 34 EA 19 $108.00 19 $2052.00 $108.00 $2052.00 $0.00 Famish and install Golden Barrel Cactus to" 35 diameter EA 27 $102.00 27 $2 754.00 $102.00 $2 754.00 $0.00 Furnish and install 5 gallon Bougainvillea 36 EA 46 $22.00 46 $1012.00 $22.00 $1012.00 $0.00 Fumish and install 5 gallon Autumn Sage 37 20 $22.00 20 $440+00 $22,00 $440.00 $0.00 Furnish and install 5 gallon Red Yucca 38 40 $24.00 40 $960.00 $24.00 $960.00 $0.00 Famish and install I gallon New Gold Lantana 39 75 $9.50 75 $712.50 $9.50 $712.50 $0.00 Furnish and install I gallon Purple Lantana 40 67 $9.50 67 $636.50 $9.50 $636.50 $0.00 Furnish and install 5 gallon Desert Spoon 41 tF 28 $24.00 28 $672.00 $24.00 $672.00 $0.00 Furnish and install 5 gallon Fairy Duster 42 16 $24.00 16 $384400 $24.00 $384.00 $0.00 Provide a 9O-day plant establishment43 1 $1500.00 1 $1500.00 $1500.00 $1500.00 $0.00 Provide 12-month maintenance period in accordan44 with Ci r rements. Guidelines rovided b th 1 $5 700.00 1 $5 700.00 $5700.00 $5 700.00 $0.00 Furnish and provide elecbic.I/fightingsystem 45 oomplele unit in place per plan.., andspeolaatlana 1 $194 000.00 1 Total $194 000.00 $194 000.00 $194 000.00 $0.00 $1 449 646.60 $1 416 834.10 $32 812.50 CCOM1-5 v.dou. RT.- a n i ion.t wont Gc t $147 570.14 1 1 $147 570.14 $147 570.14 Total $1597216.74 $1S64404.24 $32812.50 w&-ht 4 Ziz� QuIRM COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Approval to Enter Into a Professional Services Agreement with PSOMAS for Construction Inspection and Management Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to enter into a Professional Services Agreement with PSOMAS for construction inspection and management services. FISCAL IMPLICATIONS: None for this action. These services will be paid for on a time and material basis. Costs for these services are paid through development fees. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 6, 2006, City Council authorized staff to distribute a Request for Proposals (RFP) for construction inspection services. The City received seven (7) proposals in response to its' RFP. Staff reviewed the proposals and recommends that the City enter into a Professional Services Agreement for construction inspection services with PSOMAS. PSOMAS has provided adequate construction management and inspection services for the City for the past year. Attachment 1 is the Professional Services Agreement for construction inspection services with PSOMAS. The Agreement calls for an initial two-year term beginning August 2, 2006 and ending August 1, 2008, with an option for up to one additional two-year term (extended term) upon mutual agreement by both parties. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Authorize staff to enter into Professional Services Agreement with PSOMAS construction inspection and management services; or 2. Do not authorize staff to enter into Professional Services Agreement with PSOMAS for construction inspection and management services; or 3. Provide staff with alternative direction. Respectfully submitted, othy R. Jo ass n P.E. Public Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement with PSOMAS for Construction Inspection and Management Services 2 lJ� Attachment 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and PSOMAS ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Construction Inspection Services for Fiscal Year 2006/2007 as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without ,compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION & METHOD OF PAYMENT 2.1 Compensation. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") at a flat rate $97.00 per hour for construction inspection services and at a flat rate of $129.00 per hour for Construction Management. PSOMAS Construction Inspectors will be assigned to the City from a pool of the following individuals: James Arender, Timothy Stanley Derrick Watkins Pat Watson. Michael Payment, Juan Rev. Julie Waring and David Rau Danny Escalona will be assigned as the Construction Manager. PSOMAS shall get City's approval prior to re -assigning or sending any other individuals to work for the City other than those named above. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect beginning August 2, 2006 n�� and terminating on August 1, 2008 (initial term), and upon mutual agreement by both parties, the term may be extended up to one two-year term (extended term). 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Carl Wallace, Vice President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as maybe designated by the City Manager. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be $500,000 per individual; $1,000,000 per occurrence for Personal Injury/Property Damage Coverage. Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone.for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws. Consultant shall procure professional errors and omissions liability insurance in an amount acceptable to City. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. Consultant shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Contractor, its officers, employees representatives, and agents, which arise out of acts or activities of Contractor's or Consultant's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Consultant shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose '� 5 intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety. and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal •��^++ action, at law or at equity, to cure, correct or remedy any default, to recover damages for any ^'v default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination For Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for.any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party 2 7 desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. CITY: City Of La Quinta Attn: Timothy R. Jonasson 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 CONSULTANT: PSOMAS Attn: Carl Wallace, Vice President 1700 Iowa Avenue, Suite 160 Riverside, CA 92507 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Deborah H. Powell, Interim City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSn T: By:---2 Name: CA" VJA- e � Title: Vrt_6 pnes.afv't Date: Date: 7/2&'106 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide services as follows: 1. CONSTRUCTION INSPECTOR 1. Provide qualified technical field representative to monitor the construction of a variety of public works Capital Improvement and private development construction projects. 2. Prepare and track project schedules as directed by the City. 3. As directed by the City, prepare necessary correspondence, reports, and memos necessary to administer various City capital improvement projects and/or private development projects. 4. Observe, document and report on project progress, daily construction activities, assume the City's role and act as the City's agent with contractors, developers, other outside agencies and with City contracted technical consultants. 210 EXHIBIT B SCHEDULE OF COMPENSATION Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. The City shall not pay any additional hourly wage for hours worked over 8 per day nor over 40 per week. Compensable time shall begin when the inspector arrives at the designated work site and shall end when the inspector leaves the designated work site to commute or stops conducting business associated to the City. i AL City of LaQuinta Statement of Quali:fications. As -Needed In -House Construction Inspection Services Hourly Rates Fee Structure Rates effective through April 30, 2007 Position Rate Principal -in -Charge $ 187 — $ 230 Project Officer/Manager $ 158 — $ 195 Carl Wallace $175 Project/Construction Manager $120 — $189 Dino D'Emilia $150 Gary Bradshaw $150 Danny Escalona $129 Senior Resident Engineer $130 — $174 Resident Engineer $101— $143 Assistant RE / Office Engineer $ 72 — $111 Senior Construction Inspector/Construction Inspector $ 95 — $106 James Arender $ 97 Timothy Stanley $ 97 Derrick Watkins $ 97 Pat Watson $ 97 Michael Payment $ 97 Juan Rey $ 97 Julie Waring $ 97 David Rau $ 97 Patrick Johnson $ 97 Office Technician $ 52 — $106 Executive Assistant $ 53 — $79 Project Administrator $ 62 — $95 Administrative Assistant $ 40 — $79 Specific billing rates can be determined based on actual individual employee rates or as an average by position. Southern California Region Rates include miscellaneous related costs: vehicle, cell phone, digital camera and standard tools and equipment. All other direct expenses will be billed at cost plus 10%. Overtime will be charged at 135 percent of the regular hourly rate. Sundays and holidays will be charged at 170 percent of the regular hourly rate. The above ranges for Construction Inspector are in compliance with SB1999 pertaining to prevailing wage requirements. A shift that commences after 2:00 pm or before 4:00 am, during any 24-hour period, commencing at 12:01 am is subject to a 12.5% differential. ) :.. PSOMAS Statement of Qualifications I Page I EXHIBIT C SCHEDULE OF PERFORMANCE Consultant shall provide services on a full-time basis for twenty-four (24) months beginning August 2, 2006 through August 1, 2008 (initial term), and upon mutual agreement by both parties, the term of this agreement may be extended for up to one additional two-year term (extended term). "1.3 EXHIBIT D SPECIAL REQUIREMENTS AT NO ADDITIONAL COST TO THE CITY: 1. The Consultant shall provide a hand held (type) cellular telephone and service compatible with the City's cellular phone service for each inspector assigned to the City at no additional cost to the City. 2. The Consultant shall provide a hand held digital "smart level", one for each inspector, calibrated for use in the performance of the inspector's duties to determine percent of slope of inspected horizontal surfaces for compliance with various design guidelines. 3. The Consultant shall provide each inspector a "digital" camera for daily photographic documentation. The City shall provide the necessary means of printing and downloading of digital photos for archive purposes. Said camera shall have "date back" capability and of sufficient mega pixel resolution to review relevant details of the work inspected. 4. The Consultant shall provide each inspector with a hand held digital weather monitoring device. The device shall provide site -specific data of wind speed, ambient temperature and relative humidity, all data to be recorded in inspector's daily report. 5. The Consultant shall insure that each inspector has successfully completed the "Coachella Valley Fugitive Dust Control Class" provided by the South Coast Air Quality Monitoring District (at no cost) and renewed every two years. 6. The Consultant shall provide his or her own transportation to and from the designated work site. AT NO ADDITIONAL COST TO THE CONSULTANT: 7. The City shall make available one fully equipped office for the interim construction manager and limited office space, land -based telephone and service, reproduction facilities, fax service, and minor clerical support as needed for the consultant's inspector at no additional cost to the consultant. COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Consideration of Community Services Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The Special Project Contingency Account #101-3001-451.80-01 has an uncommitted balance of $20,000 as of this report. The total amount requested by five organizations is $1 1,450. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Organizations are limited to $2,000 in funding requests and cannot receive consecutive year funding. The exception to consecutive year funding is for requests for City facility rental fees by non-profit organizations. The following five requests have been submitted for City Council consideration as of this report: 1. Truman Elementary School (Attachment 1). Truman Elementary School is requesting $1,400 to fund their participation in the McCallum Aesthetic Education Program. This program allows 65 students to attend two performances at the McCallum Theater. Also, professional artists would come to the school and conduct three, one -hour workshops two to three weeks prior to each performance. 2. The Ranch Recovery Centers, Inc. (Attachment 2). The Ranch Recovery Centers is requesting $2,000 to assist with replacing 8 worn out air conditioning units at their women's facility, the Hacienda Valdez. This organization provides residential alcohol and drug treatment to adult residents of Riverside County with an estimated 5% of those being La Quinta residents. 3. La Quinta High School Speech and Debate Team (Attachment 3). The La Quinta High School Speech and Debate Team is requesting $2,000 to be used for the purchase of uniforms, travel expenditures, registration fees, and competition supplies. These funds would enable the students on the team to travel and compete in tournaments at the local, regional, and state level. 4. McCallum Theatre (Attachment 4). The McCallum Theatre is requesting $2,000 to help fund their Field Trip Series, which would ensure the availability of 27 free performances for 23,000 Coachella Valley school children. Students from Truman, Ben Franklin, and Adams Elementary Schools would be included, as well as students from La Quinta Middle School and La Quinta High School. 5. Soroptimist International of La Quinta/ Coachella Valley (Attachment 5). The Soroptimist International of La Quinta is requesting $4,050 to cover the rental fee costs for their weekly meetings held at the La Quinta Senior Center for Fiscal Year 2006-2007. This organization has been funded for facility use fees since Fiscal Year 2000-2001. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve funding requests of the following organizations: Truman Elementary School; and/or The Ranch Recovery Centers, Inc.; and/or La Quinta High School Speech and Debate Team; and/or McCallum Theatre; and/or Soroptimist International of La Quinta/ Coachella Valley 2. Do not approve funding for one or more of the organizations; or 3. Provide staff with alternative direction. 201 Rfu ,A,Ily submitted, Edie Hylton, ommunity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Truman Elementary School Information 2. The Ranch Recovery Centers, Inc. Information 3. La Quinta High School Speech and Debate Team Information 4. McCallum Theatre Information 5. Soroptimist International of La Quinta/Coachella Valley Information �17 ATTACHMENT 1 July 13, 2006 Mr. Robert Ambriz City of La Quinta Community Services Department 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Ambriz: Accompanying this cover letter is the application for the City of La Quinta Community Services Grant. I'd like to thank you in advance for your consideration of'the La Quinta High School Speech and Debate Team's application. As a co-sponsor of this worthwhile organization, our mission and goal is to empower students to become responsible and productive participants in the local and global community through the speech and debate process. As a resident of La Quinta, I feel I am also encouraging responsible citizenship within our community by showing students the importance of becoming active and productive community members. Most students in our organization reside in La Quinta, but the importance and impact of responsible citizenship in any community is beneficial to all members of society. If you or members of your department have any further questions about the mission, goals and objectives of our organization, please feel free to contact me at La Quinta High School at (760) 772-4150. After July 27th, you may contact me at my home at (760) 200-1296. My home address is 79-300 Paseo Del Rey, La Quinta, 92253. Thank you again for your time and consideration. Sincerely, &62, Kelly D. ecker Co -Advisor, Teacher La Quinta High School Speech and Debate Team r) 1,5 CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: La Quinta High School Speech and Debate Team Amount Requested: $ 2000.00 Contact Person: Kelly Becker, Co -Sponsor or -Donna Salazar, Principal Mailing Address: 79.-799 W G warm Ho Drimp City: La Ouinta State: CA Zip Code: 92253 501(c)3 Taxpayer I.D. Number: 33-0743985 Date Submitted: July 13, 2006 - Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. &-W"nmunity Se rvic=Wommw ty SaWcxs G=AC0MMUMTYSERVICES GRANT Appticadon Farm 2006ADC COA MUNITY SERVICES GRANT GUIDELINES The City of La Quinta offers the Community Services Grant program to recognized nonprofit organizations that benefit the residents of La Quinta. Priority for funding is granted to organizations that directly benefit -La Quetta residents, second consideration is given to organizations -that indirectly affect the quality of life for the residents of La Quinta. Individualsare-not eligible for funding through the Community Services Grant program. Organizations that receive Community Development Block Grants from the City of La Quints during the same fiscal year are not eligible forfunding- through the Community Services Grant program. Organizations that have been funded are ineligible for funding for the next consecutive year. Requests are limited to an amount not to exceed $22000. La Quinta service organizations may request funds to be applied directly to the rental fees for City facilities for consecutive years without the $2,000 funding limit. Completed grant applications will be considered by the La Quints City Council at the first Council meetings of August and February of each fiscal year. Applications are due two weeks before the scheduled City Council meeting. Once the application is placed on -the agenda for City Council consideration, the organization will be notified of the date of the meeting for consideration. Applications must be typed. Incomplete applications will be returned to the applicant. Organizations requesting "seed" money are required to obtain matching funds from other sources in the same fiscal year before Community Service Grant fiords will be released. For more information on the Community Services Grant program, please contact the Community Services Department at (760) 777-7090. C.0ocumcuts and ScWngs%jmWn\Dcsbopl2006-w CS IMMUNITY SERVICES GRANT Guiddinmdoc COALVV ITYSERVICE GRANT RECONCILATIONREPORT Due date: 30 days following expenditure of grantfunds. Organization Name: Name ofperson Completing Report: Mailing Address: Final date to submit; Xay 14, 2007 Phone: Period of Report (MolYr to MolYr): to Date your Organization received funds: **Describe your expenditure of Grant Funds: Reconciliation: Grant Amount. $ Funds Expended.- $ Balance: $ Return unspentfunds to "City ofLa Quinta" by check with this form. **Attach supporting documentation (receotsforpurchases, canceled checks, payroll records, billing statements) that is in accordance with the original grant request. All questions regarding this form or the grant process should be directed to the Community Services Department at. 777-7090. Mailing address: City of La Quintq P. O. Box 1504, La Quintq CA 9224Z COAC%WMTY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of -your Organization? To participate in interscholastic debate, oratory and public speaking compe- titions;in order to help students develop critical, analytical, and listening s T s to help make into d decisions and become active and effective participantSin a democratic society. 2. How long has your Organization been in existence? 1 Years Months (following 3-year. hiatus from compe- 3. Describe in general the activities or services of your Organization: titions) Practicing,�traveling, and..competing in -League Debate Tour- naments, Invitationa Tourname7ts add State Competitions throughout the aca em c school year. Members �stud6nts)�::phrticipate in weekly practice session, after school in.order to prepare for competitions. 4. How many people does your Organization currently serve? No. of Youth 18 No. of .Adults 2 No. of Seniors 5. How many people do you intend to serve during this Fiscal Year? No. of Youth" 32=38 No. of Adults 2 No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 80% No. of Adults 100% No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees Part time employees Volunteers 2 ** * Co -Advisors are on full-time teaching staff; salary does not include coaching `eseyur8. Dcnbe now ooganization is managed and governed: ,The La �Qiiint-.g High G[� hnnl Rgparh Sri ne-h - +nam h�`Qi-,iAont ar cj+6ants in Policy Debate, Lincoln -Douglas Debate; Parliamentary Debate, and Individual Speech Events. The teams are coached, supervised and guided by two teaching staff who attend the weekly practice sessions and travel to competitions and tournaments. SACommmity Servicm\Community Services GruMCOMIUNITY SERVICES. GRANT AppIic2don Form 2006.doc r) I) " -a 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Donna Salazar Principal, LQHS 79-255 Westward Ho, LQ-, 772-4150 10. What is your annual. schedule of events, and during what months does your Organization operate? We operate around a traditional Fall through Surina.hiah school academic calendar (September through mid -June). We only had the means to participate in two tournaments last year. We hope to participate in eleven tournaments in addition to qualifying competitions and State finals this year. 11. Do you charge admission, membership fees, dues, etc? Yes x No If Yes please describe: 12. What are your other sources of revenue for this funding year? Source Amount Candy Sales (2 @ approx. 700.00 each) '$ 1400.00. Pizza Sales (2 @ approx. 500.00 each) 1000.00 ChPPCPrakP Sal Pin 400 00 *The team will replace the Cheesecake fundraiser with.a-different fundraiser this year, to be determined. Total Needed Total Received S $ 14,670.00 S 3,802.37 Balance . $ 10,867.63 S_ZConun miry Servicm Community Services GraM=AOAUNrrY SERVICES GRANT Application Form 2006.doe 13. Amount of money requested -from the *City of La Quinta? $ 2 , 000.00 14. Has your Organization been funded by the City of La Quinta previously? Yes X No 15. Please provide the name and address of the bank in which the Organization's fiends are kept: The Speech and Debate Team finances are run through the Associated Student - Body (ASB) General Ledger. ASB used Wells Fargo Bank. 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): - - Name: Donna Salazar. Milt Jones Bob Hicks Doug Bluth Title: Principal Assistant Principal Assistant Principal Assistant'Principal 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of -the Organization's checking and savings account. General Ledger.'Statement from Associated Student Body attached. 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will -be used, if awarded If awarded, these funds will go toward the purchase of uniforms, travel expenditures, registration fees and .thd:�pdrehase of materials for competition (legal tablets, file folders, pens/pencils; etc.) SACommunity Savi=1Communi1y Services Gra rjACOMMUNITY SERVICES GRANT Application Form 20% 4joc I � i 19_ GoaI Statement: Indicate who will benefit from the use of these funds, and how they will benefit. These funds will enable the students on the team to travel:'.and compete in tournaments at the local, regional and state level. Additionally, the funds t<<. will provide support resources. Students who actively participate in speech and debate act&vities are better prepared to become productive participants in their local community, in American rs'ociety, and in the global-.community- 20. Attach a copy of your Program Operating Budget for the current year.. See attached Operating Budget. 21. Non-profit Organizations must attach a copy of the organization's current IRS. Farm 990. The Desert -Sands Unified School District is not tax-exempt. The La Quinta High School Speech and Debate Team thanks youin-advance for _your time'and consideration of this application S:\Community Services\Community Services Grant\C0NVvIUMTY SERVICES GRANT Application Form 2006.doc ti 4- m U CD C CT W W O m O r C C C m V z c E O C o O m 7 0 z c 0 m a a. O? Cn et CT M Ci M M M O CM tt r r` M) M M 1? 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O N 03 t0 N N �j '�`c� d N a,Z oa'W�c4v, f� Nto 00 Z & o N -cs to AS &�W m °+ Z a Q r 0 Y 4 r Y � � Y Home About CHSSA Curriculum The Bulletin State Tournament Council Minutes League Websites Links & Resources Constitution Appendices Bylaws Forms Contact CHSSA California High School Speech Association CHSSA Mission Statement California High School Speech Association will encourage, support and sponsor both curricular and co -curricular oral communication which will empower students to be productive participants in American society and the global community. To accomplish this, we adopt the following goals: 1. Every student will participate In communication activities which promote self-worth and self-esteem. 2. Every student will develop the critical and analytical thinking skills necessary for academic success. 3. Every student will develop the skills necessary for success in a competitive environment. 4. Every student will develop the interpersonal skills necessary for productive employment. 5. Every student will develop the oral communication skills necessary for effective public presentations. 6. Every student will develop the listening skills necessary for reachint informed decisions. 7. Every student will develop skills necessary for the peaceful resolution of conflict. 8. Every student will develop interpersonal skills necessary for establishing understanding among members of a diverse society. 9. Every student will develop the communication skills necessary for effective and active participation in a democratic society. 10. Every student will demonstrate ethical responsibility in the acquisition and practice of communication skills. Home I About CHSSA I Curriculum I The Bulletin i State Tournament Council Minutes I League Websites I Links/Resources i Constitution Appendices I Bylaws i Forms i Contact CHSSA all content © CHSSA 2002-2006 1 [ web design by Headwaters I.T. http://www.cahssa.org/Abouthtm G�RtGOVERV Cep 1? RESIDENTIAL ALCOHOL & DRUG PROGRAM SERVICES ADVISORY BOARD July 11, 2006 Jeanne Anderson THE RANCH Corporate Office and Men's Services: 7885 Annandale Avenue Desert Hot Springs, CA 92240 760-329-2924 Fax: 760-329-0169 MESA VISTA Men's Transition: 66610 Twelfth Street Desert Hot Springs, CA 92240 760-251-5703 Fax:760-251-5704 Lyman Boynton, M.D. CITY OF LA QUINTA Betty Ford Attn: Community Services Department Barbara Friedrich 78-495 Calle Tampico P.O. Box 1504 John R McGovern, M.D. La Quinta, CA 92253 Bob Reordan Joe Solomon RE: Request for Community Services Grant Lynne Tuite Fiscal Year 2006-2007 ATTACHMENT 2 HACIENDA VALDEZ Women's Services: 12890 Quinta Way Desert Hot Springs, CA 92240 760-329-2959 Fax:760-329-2953 BOARD OF DIRECTORS Ernie Rubin Thank you for the opportunity to apply for funds from the City of La Quinta. Chair I have enclosed the following: Tony Cisneros Vice chair 1. Applicant Summary and Questionnaire 2. 501(c)(3) designation letter Rick Mesa 3. Recent Financial Audit President / CEO 4. Operating Budget: 2006/2007 Wayne Stigall 5. IRS Form 990 Secretary 6. List of Board of Directors Mitch Epstein 7. Brochure Jim Farrell Thank you for your consideration. Jeff Greenberg Bob Murphy Sincerely, Sandra S. Reid �. Teddi Rozell Larry D. Smith, Rick Mesa Sherrill (Ret.) Executive Director James M. Tracy, D.D.S. 1'1 A Nonprofit Corporation • IRS# 237365064 • Partially Funded by County of Riverside Department of Mental Health Drug Abuse Programs -�_ k?r InconeoanTED 4� iwz OFF CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: The Ranch Recovery Centers, Inc. Amount Requested: $2000.00 Contact Person: Rick Mesa or Kathy Promenchenkel Mailing Address: 7885 Annandale Ave. City: Desert Hot Springs State: CA Zip Code: 92240 501(c)3 Taxpayer I.D. Number: 237365064 Date Submitted: 13 July 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMLJNITY SERVICES GRANT Application Form 2006.doc i r, COMMUNITY SERVICE GRANT APPLICATION (Must be typed) 1. What is the overall purpose or goal of your Organization? To provide residential alcohol and drug treatment to adult men and women in Riverside County, primarily to Coachella Valley residents 2. How long has your Organization been in existence? 34 Years 7 Months 3. Describe in general the activities or services of your Organization: Group counseling, individual counseling, educational films, lectures, community outreach, and social activities. Involved with various county and state service agencies. 4. How many people does your Organization currently serve? No. of Youth 0 No. of .Adults 948 No. of Seniors 142 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 0 No. of Adults 995 No. of Seniors 150 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 0 No. of Adults 35-45 No. of Seniors 8-10 7. How many paid employees/volunteers does your Organization employ? Full time employees 20 Part time employees 4 Volunteers 10-12 8. Describe how your Organization is managed and governed: Board of Directors sets policy and oversees operations assigned to President/CEO (Rick Mesa) who has day-to-day management responsibilities. SACommunity Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc 9. Please provide information on your Executive Board members or contact person: Name Title - Home Address Phone Tony Cisneros Board Chair 44095 Golden Rd. La Quinta, CA 760-341-7500 Mitch Epstein Vice -Chair 73505 El Paseo Palm Desert, CA 760-674-8666 Teddi Rozell Secretary 40379 Presten Dr. Palm Desert, CA 760-831-9573 Wayne Stigall Treasurer 72630 Lotus Ct. Palm Desert, CA 760-340-2763 Rick Mesa President/CEO 44060 Ocotillo Dr. La Quinta, CA 760-772-2495 10. What is your annual schedule of events, and during what months does your Organization operate? The Ranch Recovery Centers, Inc. operates 365 days per year, 24 hours per day. Annually, we host the Barbara Baxter Memorial Luncheon each November at the Pacifica Seafood Restaurant in Palm Desert. 11. Do you charge admission, membership fees, dues, etc? x Yes No If Yes please describe: Cost is $130.00 per day or a sliding scale based on ability to pay. No one is ever turned away for inability to pay. In 2005/2006 fiscal year, we provided 3500 days of service at no cost to those in need, and others were treated via contracts which only pay approximately 70-80% of costs to treat. < 12. What are your other sources of revenue for this funding year? Source Amount Riverside County Contract(all sources) $321,000 _Prop 36 Service Contract $208,000 SASCA service contract $120,000 Other Service Contracts (DAP, Indian Health, etc) $55,000 Donations $270.000 Total Needed $ 24,000 ***Submitted to city of Palm Desert & Rancho Mirage. Have yet to receive Total Received $ 5,000 their determination Balance $ 19,000 S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc �3� 13. Amount of money requested from the City of La Quinta? $ 2000, 14. Has your Organization been funded by the City of La Quinta previously? X Yes No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Pacific Western Bank 601 S. Tahquitz Canyon Way, Palm Springs, CA 92262 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): Name: Tony Cisneros Teddi Rozell Wayne Sti2all Rick Mesa Title: Board -Chair Board -Secretary Board -Treasurer President/CEO 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. ***Financial audit in lieu of statements 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. Replace 8 worn out air conditioning units at our women's facility, the Hacienda Valdez. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. All of our women in treatment, their visiting families, friends, various county and State agency representatives and our staff. 20. Attach a copy of your Program Operating Budget for the current year. 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc ;?,37 lop• IAD k o CES ao� co o�(D �,w�000 Nod. U N c� a Y°��Q F Eov of a)D)�oo o oar 00 05 0 4) NLAOOII? pN fin`) aU`o°a) oUaif U� `i°Na) o-o QOflc�C a) O o (D E-- cu E r U°�o a tea, °E-ota�j coc ° 0���0 U. -N°-= L►-°�eCc co °��o 5c)m ON w o co O {- C 3 U0 'oG cn O O �n .� — C O p_ G N O la)L3� �=N N0r N 4 r6 D a>io o p� ��,3r�G c0 - °D U c cn0 o__a°N °mac u'z3,2 ►- ON >•eC_ () 0 1 0 4) N�i3 a OO cy- Q L3- N �G U "d d T3 cC Q [ • • . v (D �~ N M �. ol -r+ J 0 0` Q 0 0 QJ • a 1 Cj► u' 5 Q co W0 t% � ter. L. N .P O (� THE RANCH RECOVERY CENTERS, INC. ig June-06 EXECUTIVE COMMITTEE- OFFICERS Telephone No.s Tony Cisneros- 760-772-1014 (home) Chair (6/13/2006) 760-341-7500 (office) 44095 Golden Rod Circle La Quinta, CA 92253 Mitch Epstein 760-674-8666 (work) Vice Chair (6/13/2006) 73505 El Paseo Palm Desert, CA 92260 Teddi Rozell 760-831-9573 (cell) Secretary (6/13/2006) 40379 Preston Trail Palm Desert, CA 92211 Wayne Stigall 760-340-2763 (Home) Treasurer (6/13/2006) 72630 Lotus Court Palm Desert, CA 92260 Ernie Rubin 760-345-8054 (home) Public Relations 760-469-3877 (office) 41752 Jupiter Hills Ct. 760-345-9669 (fax) Palm Desert, CA 92211 Bob Reordan, 760-777-9933 (office) 60217 Wishbone Court 760-777-9313 (home) Palm Desert, CA 92253 760-777-9904 (fax) Jim Tracy 760-772-9174 (home) 72452 Rancho Road (1/14/2003) 760-880-9190 (cell) Rancho Mirage, CA 92270 Larry D. Smith 760-564-5279 (home) 78710 Cabrillo Way La Quinta, CA 92253 Jeff Greenberg 310-478-8227 (office) The Village 1616 Butler Ave. West Los Angeles, CA 90025 Rick Mesa (6/4/1984) 760-329-2924 (Ranch office) President/CEO (May 2003) 760-329-0169 (Ranch Fax) 44060 Ocotillo Dr. 760-772-2495 (Rick off/home) La Quinta, CA 92253 760-772-3945 (Rick home fax) Internal Revenue Service Department of the Treasury •P. O. Box 2508 Date: November 10, 2003 Cincinnati, OH 45201 Person to Contact: _ Cheryl Skaggs 31-04010 The Ranch Recovery Centers, Inc. Customer Service Specialist 7885 Annadale Ave. Toll Free Telephone Number: Desert Hot Springs, CA 92240-1419 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 23-7365064 Dear Sir or Madam: This is in response to your request of November 10, 2003, regarding your organization's tax-exempt status. In May 1974 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. The effective date of your exemption is November 1972. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section 509(a)(2). This classification was based on the assumption that your organizations operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 1 5th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. on Firm o Return Organization Exempt from Incon.- Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) Department of the Treasury internal Revenue Service The organization may have to use a copy of this return to satisfy state reporting requirements. A For the 2004 calendar year, or tax year beginning 7/01 2004, B Check if applicable: Address change Please use IRS label THE RANCH RECOVERY CENTERS, INC. . Name or pTint orfype. 7885 ANNANDALE AVENUE change See DESERT HOT SPRINGS, CA 92240 Initial return specific instruc- _ Final return tions. Amended return Application pending • Section 501(c)(3) organizations and 4947(a)(1) nonexempt a completed Schedule A charitable trusts must attach (Form 990 or 990-EZ). and endi OMB No. 1545-0047 2004 Open to Public Inspection 6/30 ,2005 E-pI-y-rldentification Number . 23-7365064 E Telephone number F Method""y U Cash u Accrual F1Other (specify) 0' Group Exemption Number... Check 11 if the organization is not required L Gross receipts: Add lines 6b 8b 91band 10b to line 12 - 1, 747 , 216 . I to attach Schedule B (Form 990, 990-EZ, or 990-rr). r..< . .,-_-_____-_ e---------- --:., K! 4 Ate. +.- —CrrnA Rnlninrnc /Cco IncfniHinn�) H and I are not applicable to section 527 organizations. H (a) Is this a group return for affiliates? ... 11 Yes No H (b) If 'Yes,' enter number of affiliates 0� G Web site: 10, N/A1-1 H (C) Are all affiliates included?......... Yes No J Organization type (If 'No,' attach a list. See instructions.) (check only one ......... X 501(c) 3 (insert no.) 4947(a)(1) or 527 H (d) Is this a separate return filed by an � r�, � K Check here r- if the organization's gross receipts are normally not more than organization covered by a group ruling? I I Yes Ili I No $25,000. The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. M 1 Contributions, gifts, grants, and similar amounts received: a Direct public support .................................................... 1 a 411, 03 9 . b Indirect public support ................................................... 1b c Government contributions (grants) ....................................... 1 c d T a through lines cash $ 411, 0 3 9. noncash $ )........................ 2 Program service revenue including government fees and contracts (from Part VII, line 93).............. 3 Membership dues and assessments................................................................. 1 d 411,039. 2 1,336,177. 3 4 4 Interest on savings and temporary cash investments ................................................. 5 Dividends and interest from securities............................................................... 5 6a Gross rents............................................................. 6a b Less: rental expenses ................................................... I 6 b c Net rental income or (loss) (subtract line 6b from line 6a)............................................. 6c 7 R E v E N u E 7 Other investment income (describe........ ) (A) Securities (B) Other 8a Gross amount from sales of assets other than inventor .......................... 8a y......... b Less: cost or other basis and sales expenses....... 8b c Gain or (loss) (attach schedule) .......................... 8c d Net gain or (loss) (combine line 8c, columns (A) and(B))............................................. 9 Special events and activities (attach schedule). If any amount is from gaming, check here..... Sd a Gross revenue (not including $ of contributions reported on line la) ..................................................... 9a b Less: direct expenses other than fundraising expenses .................. .. 9b c Net income or (loss) from special events (subtract line 9b from line 9a)................................ 9c 10a Gross sales of inventory, less returns and allowances ..................... 10a b Less: cost of goods sold.................................................I 10b c Gross profit or (loss) from sales of inventory (attach schedule) (subtract line 10b from line 10a)............................ 10 c 11 11 Other revenue (from Part Vll,line 103).............................................................. 12 Total revenue (add lines ld, 2, 3, 4, 5, 6c, 7, 8d, 9c, IOc, and 11).............................. I ...... 12 1, 747, 216. E x P E N s E s .. 13 Program services (from line 44, column(B............. )).......................................... 14 Management and general (from line 44, column (C))............................................... . 15 Fundraising (from line 44, column(D))............................................................... 16 Payments to affiliates (attach schedule)............................................................. 17 Total expenses (add lines 16 and 44, column(A)).................................................... 13 1, 194, 504. 14 377,212. 15 16 17 1,571,716. A N s s T T s 18 Excess or (deficit) for the year (subtract line 17 from line 12)......................................... 19 Net assets or fund balances at beginning of year (from line 73, column (A)) ........................... . 20 Other changes in net assets or fund balances (attach explanation) .................................... 21 Net assets or fund balances at end of year (combine lines 18, 19, and 20)............................. 18 175,500. 19 2,275,040. 20 21 2,450,540. BAA For Privacy Act and Paperwork Reduction Act Notice, see the separate instrucr C iftP1/07/05 Form 990 (2004� Form 990 (2004) THE RANCH RECOVEF 'ENTERS, INC. 23-7365064 Page 2 Part II Statement of Functional Expenses All organizations must complete column (A). Columns (B), (C), and (D) are required for section 501(c)(3) and (4) organizations and section 4947(a)(1) nonexempt charitable trusts but optional for others. Do not include amounts reported on line 6b, 8b, 9b, 10b, or 16 of Part 1. (A) Total (B) Program services (C) Management and general (D) Fundraising 22 Grants and allocations (att sch) (cash $ non -cash $ )........ 23 Specific assistance to individuals (att sch)....... 24 Benefits paid to or for members (att sch) ....... 25 Compensation of officers, directors, etc......... 26 Other salaries and wages .............. 27 Pension plan contributions ............. 28 Other employee benefits ............... 29 Payroll taxes ......................... 30 Professional fundraising fees........... 31 Accounting fees ....................... 32 Legal fees ............................ 33 Supplies ............................. 34 Telephone ............................ 35 Postage and shipping ................. 36 Occupancy ........................... 37 Equipment rental and maintenance..... 38 Printing and publications ........... . ... 39 Travel ................................ 40 Conferences, conventions, and meetings ........ 41 Interest .............................. 42 Depreciation, depletion, etc (attach schedule) .... 43 Other expenses not covered above (itemize): a See Statement 1 b ------------------- c d------------------- e------------------- 44 Total functional expenses (add lines 22 - 43). Organizations completing columns (B) - (D), carry these totals to lines 13-15............ 22 23 24 25 187, 183. 142, 259. 44, 924 . 26 600,228. 456,173. 144, 055. 27 45,294. 34,423. 10,871. 28 56,688. 43, 083. 13,605. 29 64,077. 48 699. 15,378. 30 31 21,302. 16,190. 5,112. 32 33 8,733. 6, 637. 2,096. 34 15,123. 11,493. 3,630. 35 36 89,249. 67, 829. 21,420. 37 46,425. 35,283. 11,142. 38 39 40 4,664. 3, 545. 1,119. 41 10,107. 7, 681. 2,426. 42 66,962. 50, 891. 16,071. 43a 355,681. 270,318. 85,363. 43 b 43 c 43d 43e 44 1, 571, 716. 1, 194, 504, 377, 212. 0. Joint Costs. Check-7 if you are following SOP 98-2. Are any joint costs from a combined educational campaign and fundraising solicitation reported in (B) Program services?....... "-[-I Yes IFV1 No If 'Yes,' enter (i) the aggregate amount of these joint costs $ ; (ii) the amount allocated to Program services $ ; (iii) the amount allocated to Management and general $ ; and (iv) the amount allocated to Fundraising $ (Part III ; I Statement of Program Service Accomplishments What is the organization's primary exempt purpose? ► _REHABILITATION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Program Service Expenses All organizations must describe their exempt purpose achievements in a clear and concise manner. State the number of (Required for 501(c)(3) and 9 P P P (4) organizations and clients served publications issued, etc. Discuss achievements that are not measurable. (Section 501(c)(3) & (4) organ- 4947(a)(1) trusts; but izations and 41347(a)(1) nonexempt charitable trusts must also enter the amount of grants & allocations to others.) optional for others.) a ALCOHOL & DRUG REHABILITATION FACILITIES WITH DETOX FACILITIES, ----------------------------------------------- REHABILITATION AND AFTERCARE COUNSELING. ------------------------------------ ------------------------------------------------------ (Grants and allocations $ ) b ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------- (Grants and allocations $ ) c ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------=----------- (Grants and allocations $ ) d ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ (Grants and allocations $ ) e Other program services .............................. (Grants and allocations 1 1,194,504. f Total of Program Service Expenses (should equal line 44, column (B), Program servi ......"<`_ 1,194,504. BAA TEEA0102L 01/07/05 11 Form 990 (2004) Foerr 990 (20i4) THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 3 Part IV Balance Sheets (See Instructions) Note: Where required, attached schedules and amounts within the description column should be for end -of -year amounts only. (A) Beginning of year (8) End of year 45 Cash — non -interest -bearing ................................................ 486, 825. 45 405, 268. 46 Savings and temporary cash investments .......................... . ......... 46 47a Accounts receivable ....................... ..... 47a _ 86,147. b Less: allowance for doubtful accounts ............ 47b 34,015. 47c 86,147. 48a Pledges receivable .............................. 48a b Less: allowance for doubtful accounts ............ 48b 48c 49 Grants receivable.......................................................... 49 50 A E T s 50 Receivables from officers, directors, trustees, and key employees (attach schedule) ................................................ 51 a Other notes & loans receivable (attach sch)................ 51 a b Less: allowance for doubtful accounts ............ 51 b :. ~51 c 52 Inventories for sale or use ......... ............................ _ .......... 52 53 Prepaid expenses and deferred charges ..................................... 54 Investments — securities -(attach schedule) ............... ►� Cost FMV 4,097. 53 3,016. 54 55a Investments — land, buildings, & equipment: basis 55a b Less: accumulated depreciation (attach schedule) ................................ 55b 55c 56 Investments — other (attach schedule) ....................................... 56 57a Land, buildings, and equipment: basis............ 57al 3, 155, 215. b Less: accumulated depreciation (attach schedule)............ Statement..2.... 57b 944, 595. 1, 902, 367. 57cl 2,210,620. 58 Other assets (describe - ) . 58 59 Total assets (add lines 45 through 58) (must equal line 74)................... 2,427,304. 59 2,705,051. 60 Accounts payable and accrued expenses .................................... 32,264. 60 100,282. L 1 61 Grants payable.............................................................. 61 A s 1 L T 1 E s 62 Deferred revenue........................................................... 63 Loans from officers, directors, trustees, and key employees (attach schedule) .................. 64a Tax-exempt bond liabilities (attach schedule) ................................. b Mortgages and other notes payable (attach schedule) .................................... 65 Other liabilities (describe ► ) . 62 63 64a 120,000. 64 b 154,229. 65 152, 264. 66 254,511. 66 Total liabilities (add lines 60 through 65).................................... N T A E68 T R F N B L N c s Organizations that follow SFAS 117, check here ► X and complete lines 67 through 69 and lines 73 and 74. 67 Unrestricted................................................................ Temporarily restricted...................................................... 69 Permanently restricted...................................................... Organizations that do not follow SFAS 117, check here ► and complete lines 70 through 74. 70 Capital stock, trust principal, or current funds ................................ 71 Paid -in or capital surplus, or land, building, and equipment fund .............. 72 Retained earnings, endowment, accumulated income, or other funds .......... 73 Total net assets or fund balances (add lines 67 through 69 or lines 70 through 72; column (A) must equal line 19; column (8) must equal line 21)............ 74 Total liabilities and net assets/fund balances (add lines 66 and 73)........... 2, 275, 04Q. 67 2, 450, 540. 68 69 70 71 72 2,275,040o 474--:2 2, 450, 540 . 2,427,304. , 705, 051. Form 990 is available for public inspection and, for some people, serves as the primary or sole source of information about a particular organization. How the public perceives an organization in such cases may be determined by the information presented on its return. Therefore, please make sure the return is complete and accurate and fully describes, in Part III, the organization's programs and accomplishments. BAA TEEA0103L 01/07/05 Forfn 990 (2004) THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page Part IV -A I Reconciliation of Revenue per Audited Part IV-B lReconciliation of Expenses per Audited Financial Statements with Revenue Financial Statements with Expenses per Return (See instructions.) per Return a Total revenue, gains, and other support a Total expenses and losses per audited per audited financial statements.......... a 1, 747, 216. financial statements ................ a 1,571,716. b Amounts included on line a but b Amounts included on line a but not not on line 12, Form 990: - on line 17, Form 990: (1) Net unrealized 0) Donated serv- gains on ices and use investments.... $ of facilities ...... $ (2) Donated serv- ices (2) Prior year adjust- ments and use - ments reported on of facilities ..... $ line 20, Form 990.... $ (3) Recoveries of prior (3) Losses reported on year grants ....... $ line 20, Form 990.... $ (4) Other (specify): (4) Other (specify): Add amounts on lines (1) through (4) ..... 1" b Add amounts on lines (1) through (4)....... 10, b c Line a minus line h............... ► c 1, 747, 216. c Line a minus line b................ 0-- c 1, 571, 716. r d Amounts included on line 12, Form 990 but not on line a: d Amounts included on line 17, Form 990 but not on line a:} (1) Investment expenses not included on line 6b, Form 990...... $ r (1) Investment expenses not included on line 6b, Form 990....... $ r k + x u J ; (2) Other (specify): (2) Other (specify): Add amounts on lines (1) and (2) .. d Add amounts on lines (1) and (2)... d e 1, 747, 216. e 1,571, 716. e Total revenue per line 12, Form 990 (line c plus line d)............ ► a Total expenses per line 17, Form 990 (line c plus line d)............. ► P-.01 V:""' List of Officers. Directors_ Trustees- and Kev Emnlnveec n ice+ aa,-h if .,,,+ .,,,o���+o +• moo +r + �� (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation (if not paid, enter -0-) (D) Contributions to employee benefit plans and deferred compensation (E) Expense account and other allowances See Statement-3 ------------------- 187,183. 8,830. 0. ---------------------- ---------------------- ---------------------- ---------------------- - ------------------------------------------ ---------------------- ---------------------- ---------------------- 75 Did any officer, director, trustee, or key employee receive aggregate compensation of more than $100,000 from your organization and all related organizations, of which more than ❑ $10,000 was provided by the related organizations?...................................................... Yes rX1 No If 'Yes,' attach schedule — see instructions. BAA Form 990 (2004) TEEA0104L 01/07/05 I ': Form 990 2004) THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 5 Part Vl I Other Information (See instructions.) Yes No 76 Did the organization engage in any activity not previously reported to the IRS? If 'Yes,' attach a detailed description of each activity........................................................................ 76 - X 77 Were any changes made in the organizing or governing documents but not reported to the IRS? ....................... 77 X If 'Yes,' attach a conformed copy of the changes. 78a Did the organization have unrelated business gross income of $1,000 or more during the year covered by this return?... 78a X b If 'Yes,' has it filed a tax return on Form 990-T for this year?......................................................... 78b N A 79 Was there a liquidation, dissolution, termination, or substantial contraction during the year? If 'Yes,' attach a statement.................................................................................. 79 X 80a - X 80a Is the organization related (other than by association with a statewide or nationwide organization) through common membership, governing bodies, trustees, officers, etc, to any other exempt or nonexempt organization? ................ b If 'Yes,' enter the name of the organization ► N/A _ _ _ _ _ _ _ _ _ _ ------------------ — - - - - - - - - - - - - - - - - - - - - - - - _ — — — — — and check whether it is T] exempt or [] nonexempt. 81 a Enter direct and indirect political expenditures. See line 81 instructions ................... I 81al 0. b Did the organization file Form 1120-POL for this year?.............................................................. 81 b X 82a X 82 a Did the organization receive donated services or the use of materials, equipment, or facilities at no charge or at substantially less than fair rental value?............................................................................ b If 'Yes,' you may indicate the value of these items here. Do not include this amount as revenue in Part I or as an expense in Part II. (See instructions in Part III.) ................I 82110N/A 83a Did the organization comply with the public inspection requirements for returns and exemption applications? ........... 83a X 83b X b Did the organization comply with the disclosure requirements relating to quid pro quo contributions? ................... 84a X 84a Did the organization solicit any contributions or gifts that were not tax deductible? .................................... 84b N A b If 'Yes,' did the orq�anization include with every solicitation an express statement that such contributions or gifts were nottax deductible................................................................................................. 85a N A 85 501(c)(4), (5), or (6) organizations. a Were substantially all dues nondeductible by members? .......................... 85b N A b Did the organization make only in-house lobbying expenditures of $2,000 or less? .................................... If 'Yes' was answered to either 85a or 85b, do not complete 85c through 85h below unless the organization received a waiver for proxy tax owed for the prior year. c Dues, assessments, and similar amounts from members ................................. 85c N/A d Section 162(e) lobbying and political expenditures ....................................... 85d N/A e Aggregate nondeductible amount of section 6033(e)(1)(A) dues notices ................... 85e N/A f Taxable amount of lobbying and political expenditures (line 85d less 85e) ................. 85f N/A g Does the organization elect to pay the section 6033(e) tax on the amount on line 85Q................................ 85g NIA h If section 6033(e)(1)(A) dues notices were sent, does the organization agree to add the amount on line 85f to its reasonable estimate of dues allocable to nondeductible lobbying and political expenditures for the following tax year? ............................................. 85 h N A 86 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on line12................................................................................ 86a N/A b Gross receipts, included on line 12, for public use of club facilities ........................ 86b N/A 87 501(c)(12) organizations. Enter: a Gross income from members or shareholders.......... Val N/A b Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ............................................ 87b N/A 88 At any time during the year, did the organization own a 50% or greater interest in a taxable corporation or partnership, or an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? If 'Yes,' complete Part IX .......................................................................................... 88 X 89a 501(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under: section 4911 ► 0 . ; section 4912 ► 0 . ; section 4955 ► 0. b 501(c)(3) and 501(c)(4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If 'Yes,' attach a statement explainingeach transaction........................................................................................ 89b X c Enter: Amount of tax imposed on the organization managers or disqualified persons during the year under sections 4912, 4955, and 4958.............................................. I.................... ► 0. d Enter: Amount of tax on line 89c, above, reimbursed by the organization ...................................... ► 0. 90 a List the states with which a copy of this return is filed ► None -------------------------------- --- b Number of employees employed in the pay period that includes March 12, 2004 (See instructions.) ..................... 90b 0 91 The books are in care of ► JENNY @ CREATIVE BOOKKEEPING Telephone number ► 760-340-1738 ----------------------- ----------------- Located at ► 74-633 EL PASEO #K, PALM DESERT, CA ZIP + 4 ► 92260 92 Section 4947(a)(1) nonexempt charitable trusts filing Form 990 in lieu of Form 1047 — Check here ........................ N/A. . ► and enter the amount of tax-exempt interest received or accrued during the tax year ..................... 1192 I N/A SAA Form 990 (2004) TEEA0105L 01/07/05 Fprm 99o,,r,2004) THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 6 Part VII I Analvsis of Income-Producinn ACti VitiPC Nop inctr—finnc 1 Note: Enter gross amounts unless otherwise indicated. 93 Program service revenue: a ALCOHOL & DRUG REHAB Unrelated business income Excluded by section 512, 513, or 514 E Related or) exempt function income (A) Business code (8) Amount (C) Exclusion code (D) Amount 1,302,337. b FOOD STAMPS 3 27,202. c INTEREST 14 1,298. d OTHER 3 5,340. e f Medicare/Medicaid payments ........ g Fees & contracts from government agencies ... 94 Membership dues and assessments.. 95 Interest on savings & temporary cash invmnts. . 96 Dividends & interest from securities.. 97 Net rental income or (loss) from real estate: a debt -financed property .............. . b not debt -financed property.......... . 98 Net rental income or (loss) from pers prop .... 99 Other investment income............ 100 Gain or (loss) from sales of assets other than inventory................. 101 Net income or (loss) from special events..... . 102 Gross profit or (loss) from sales of inventory.... . 103 Other revenue: a b _. c d e 104 Subtotal (add columns (B), (D), and (E)) ..... '' ' ' 1,336,177. IUD autar kaaa fine m4, columns (ts), N), ano(t))......................................................... 1, 33b, 177 Note: Line 105 Dlus line id Part I shnulri prnial the mmnnnf nn linp 19 Part ;Part VI8 Relationship of Activities to the Accomplishment of Exempt Purposes (see instructions.) Line No- IV Explain how each activity for which income is reported in column (E) of Part VII contributed importantly to the accomplishment of the organization's exempt purposes (other than by providing funds for such purposes). N/A Part IX`- Information Regarding Taxable Subsidiaries and Disregarded Entities (See instructions.) (A) Name, address, and EIN of corporation, partnership, or disregarded entity (B) Percentage of ownership interest (C) Nature of activities (D) Total income (E) End -of -year assets N/A % a 0 % r a L ft - unvrrnauun Kegaroing i ransrers Hssociatea witn rersonal 13enent contracts (See instructions. a Did the organization, during the year, receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? ................ Yes XX No b Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract?.......... Yes X No Note: If 'Yes' to (b), file Form 8870 and Form 4720 (see instructions). Under penalties of perjury, I declare that I have examined this return, including accompanying schedulesand statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Please lill I Sign Signature of officer Here 11111- Type or print name and title. Paid Preparer's Pre- Signature ► Robert Boseant, CPA parer's Firm's name (or Boseant Piper & Associates, Inc use emrloyed){ Ill.-74-770 Highway 111, Suite 205 Only Z+4 and Indian Wells, CA 92210 BAA Date Date Check if Gener self- n N/A employed � EIN ► N/A Phone no. ► (7 6 0 CO�' 11 03/03 568-2699 ti ri Form 990 (2004) SCHEDULE A (Form 990 or 990-EZ) Organization Exempt Under Section 501(c)(3) (Except Private Foundation) and Section 501(e), 501(f), 501(k), 501(n), or Section 4947(axl) Nonexempt Charitable Trust Supplementary Information — (See separate instructions.) IInternal�Revenue Service ry ► MUST be completed by the above organizations and attached to their Form 990 or 990-EZ. OMB No. 1545-0047 2004 Name of the organization Employer identification number THE RANCH RECOVERY CENTERS INC. 23-7365064 Part 1 I Compensation of the Five Highest Paid Employees Other Than Officers, Directors, and Trustees (See instructions. List each one. If there are none, enter 'None.') (a) Name and address of each (b) Title and average (c) Compensation (d) Contributions (e) Expense employee paid more hours per week to employee benefit account and other than $50,000 devoted to position plans and deferred allowances compensation None ------------------------- Total number of other employees paid over $50,000.. .................................. 0 Part 11'; Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions. List each one (whether Individuals or firms). If there are none, enter 'None.') (a) Name and address of each independent contractor paid more than $50,000 (b) Type of service (c) Compensation None ---------------------------------------- Total number of others receiving over $50 000 for professional services 0 BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 and Form 99$ dife A (Form 990 or 990-EZ) 2004 I.: .ui r) l TEEA0401L 07/22/04 i ;e Schedule A (Form 990 or 990-EZ) 2004 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Pacle2 Part 111 Statements About Activities (See instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If 'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities .... " $ N/A (Must equal amounts on line 38, Part VI -A, or line i of Part VI-B.).................................................... 1 X Organizations that made an election under section 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking 'Yes' must complete Part VI-B AND attach a statement giving a detailed description of the lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in any of the following acts with any substantial contributors, trustees, directors, officers, creators, key employees, or members of their families, or with any taxable organization with which any such person is affiliated as an officer, director, trustee, majority owner, or principal beneficiary? (If the answer to any question is 'Yes,' attach a detailed statement explaining the transactions.) a Sale, exchange, or leasing of property?............................................................................ 2a _ X b Lending of money or other extension of credit?..................................................................... 2 b X c Furnishing of goods, services, or facilities?......................................................................... 2c X d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)? .......................... 2d X e Transfer of any part of its income or assets? . .............................. ......................................... 2e X 3a X 3a Do you make grants for scholarships, fellowships, student loans, etc? (If 'Yes,' attach an explanation of how you determine that recipients qualify to receive payments.) ....................................... 3b X b Do you have a section 403(b) annuity plan for your employees?...................................................... 4a X 4a Did you maintain any separate account for participating donors where donors have the right to provide advice on the use or distribution of funds7................................................................................ 4b X b Do you provide credit counseling, debt management, credit repair, or debt negotiation services? ....................... Parf.IV7, Reason for Non -Private Foundation Status (see instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 A church, convention of churches, or association of churches. Section 170(b)(1)(A)(i). 6 A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 X A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, andstate ________________________________________________________ 10 ❑ An organization operated for the benefit of a college or university owned or operated by a governmental unit. Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11 a ❑ An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b ❑ A community trust. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 12 ❑ An organization that normally receives: (1) more than 33-1/3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc, functions — subject to certain exceptions, and (2) no more than 33-1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 ❑ An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions.) (a) Name(s) of supported organization(s) I (b) Line number from above 14 _1 I An organization organized and operated to test for public safety. Section 509 BAA TEEA0402L 07/27/04 ee instructions rr,71 itj m n ,j t- Schedule A (Form 990 or 990-EZ) 2004 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 3 Part IV -A ISupport Schedule (Complete only if you checked a box on line 10, 11, or 12.) Use cash method of accounting. Note: You may use the worksheet in the instructions for converting from the accrual to the cash methnrf of accniintinn Calendar year (or fiscal year beginning in) ..................... b-- (a) 2003 (b) 2002 (c) 2001 (d) J 2000 (e) Total 15 Gifts, grants, and contributions received. (Do not include unusual grants. See line 28.) ... N/A 16 Membership fees received...... 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to the organization's charitable, etc, purpose ............ . 18 Gross income from interest, dividends, amounts received from payments on securities loans (section 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organ- ization after June 30, 1975 ........... 19 Net income from unrelated business activities not included in line 18...... . 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf .................. . 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge...... . 22 Other income. Attach a schedule. Do not include gain or (loss) from sale of capital assets ................. 23 Total of lines 15 through 22 .... 24 Line 23 minus line 17 .......... 25 Enter 1 % of line 23 ............ , 26 Organizations described on lines 10 or 11; a Enter 2% of amount in column (e), line 24....... W..A ... 26a b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly supported organization) whose total gifts for 2000 through 2003 exceeded the amount shown in line 2Ga. Do not file this list with your return. Enter the total of all these excess amounts................................................................. 26 b c Total support for section 509(a)(1) test: Enter line 24, column(e)......................................... 01 26c d Add: Amounts from column (e) for lines: 18 19 22 26 b 26 d e Public support (line 26c minus line 26d total)............................................................ ► 26e f Public support percentage (line 26e (numerator) divided by line-26c (denominator) ....................... "'I 26f 27 Organizations described on line 12: N/A a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person,' prepare a list for your records to show the name of, and total amounts received in each year from, each 'disqualified person.' Do not file this list with your return. Enter the sum of such amounts for each year: (2003)------------ (2002) - - - - - - - - - - - - (2001) - - - - - - - - - - - - (2000)------------- b For any amount included in line 17 that was received from each person (other than 'disqualified persons'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000. (Include in the list organizations described in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year: (2003)------------ (2002)------------ (2001) - - - - - - - - - - - - (2000)------ c Add: Amounts from column (e) for lines: 15 16 17 20 21 127cl d Add: Line 27a total..... and line 27b total............ 27d e Public support (line 27c total minus line 27d total) ....................................................... 27e f Total support for section 509(a)(2) test: Enter amount from line 23, column (e) .. ► 27f g Public support percentage (line 27e (numerator) divided by line 27f (denominator)) ....................... ► 27 g % h Investment income Percentage line 18, column a numerator divided by line 27f denominator ......... � 27h o 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 2000 through 2003, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not file this list with your return. Do not include these grants in line 15 N/A BAA TEEA0403L 07/23/04 Schedule A (Form 990 or 990-EZ) 2004 Schedule A (Form 990 or 990-EZ) 2004 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 4 Part V I Private School Questionnaire (See instructions.) (To be completed ONLY by schools that checked the box on line 6 in Part IV) N/A Yes No 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? ................................................. 29 30 Does the organization include a statement of its ocially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, and scholarships?.................. ............ .................................. ................................. 30 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? .............................................. 31 If 'Yes,' please describe; if 'No,' please explain. (If you need more space, attach a separate statement.) — — — — — — — — — — — — — — — — — — — — — - 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ........................ 132a b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis?........................................................................................... 32b c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?.............................................................. 32c dCopies of all material used by the organization or on its behalf to solicit contributions? ................................ 32d If you answered 'No' to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges?..................................................................................... 33a bAdmissions policies?.............................................................................................. 33b c Employment of faculty or administrative staff?. . ....................................... ................. .......... 33c d Scholarships or other financial assistance?......................................................................... 33d e Educational policies?.............................................................................................. 33e fUse of facilities?.................................................................................................. 33f gAthletic programs?................................................................................................ 33 h Other extracurricular activities?.................................................................................... 33h If you answered 'Yes' to any of the above, please explain. (If you need more space, attach a separate statement.) --------------------------------------------------------- -------------------------------------------------------- -------------------------------------------------------- 34a Does the organization receive any financial aid or assistance from a governmental agency? ........................... I 34a b Has the organization's right to such aid ever been revoked or suspended? ............................................ 34 If you answered 'Yes' to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has sections 4.01 through 4.05 of Rev Proc nondiscrimination? If 'No,' attach an exl BAA ed with the applicable requirements of. 1975-2 C.B. 587, covering racial �n................................... TEEA0404L 07/23/04 1 .......... 135 1 1 4,(Fprm 990 or 990-EZ) 2004 dij Schedule A (Form 990 or 990-EZ) 2004 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 5 Part Vl- I Lobbying Expenditures by Electing Public Charities (see instructions.) (To be completed ONLY by an eligible organization that filed Form 5768) N/A Check ► a I if the organization belnnos to an affiliated oroun. Check ► b M if you checked 'a' and 'limited control' Drovisions anoly. Limits on Lobbying Expenditures (The term 'expenditures' means amounts paid or incurred.) (a) Affiliated group totals (b) To be completed for ALL electing organizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying) ........ 36 37 37 Total lobbying expenditures to influence a legislative body (direct lobbying).......... 38 38 Total lobbying expenditures (add lines 36 and 37).................................. 39 39 Other exempt purpose expenditures ............................................... 40 40 Total exempt purpose expenditures (add lines 38 and 39) .......................... 41 Lobbying nontaxable amount. Enter the amount from the following table If the amount on line 40 is - The lobbying nontaxable amount is - Not over $500,000...................... 20% of the amount on line 40 ..... Over $500,000 but not over $1,000,000 ........... $100,000 plus 15% of the excess over $500,000 Over $1,000,000 but not over $1,500,000.......... $175,000 plus 10% of the excess over $1,000,000 41 Over $1,500,000 but not over $17,000,000 ......... $225,000 plus 5% of the excess over $1,500,000 Over$17,000,000.......................$1,000,000....................... 42 Grassroots nontaxable amount (enter 25% of line 41) .............................. 42 43 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 ............... 44 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38 ............... Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4 -Year Averaging Period Calendar year (a) (b) (c) (d) (e) (or fiscal year beginning in) 2004 2003 2002 2001 Total 45. Lobbying nontaxable amount .............. 46 Lobbying ceiling amount (150% of line 45(e)) ...... 47 Total lobbying expenditures ........ . 48 Grassroots non- taxable amount....... 49 Grassroots ceiling amount.. (150% of line 48(e)) ...... 50 Grassroots lobbying expenditures ......... Part V1_9j Lobbying Activity by Nonelecting Public Charities (For reporting only by organizations that aid not complete Part VI -A) (See instructions.) N/A During the year, did the organization attempt to influence national, state or local legislation, including any attempt to influence public opinion on a legislative matter or referendum, through the use of: Yes No Amount a Volunteers ....................... ....... ......... bPaid staff or management (Include compensation in expenses reported on lines c through h.)......... K c Media advertisements............................................................................. d Mailings to members, legislators, or the public ...................................................... e Publications, or published or broadcast statements .................................................. f Grants to other organizations for lobbying purposes ................................................. g Direct contact with legislators, their staffs, government officials, or a legislative body .................. In Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means .............. i Total lobbying expenditures (add lines c through h.)................................................. If 'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities. BAA Schedule A (Form 990 or 990-EZ) 20r04 )r- c„J�, TEEA0405L 07/23/04 Schedule N(Form 990 or 990-EZ) 2004 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Page 6 Part VI! I Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See instructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described of the Code (other than section 501 (c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: (i)Cash..................................................................................................... (ii)Other assets ................................. ....... ....... ................................................ b Other transactions: (i)Sales or exchanges of assets with a noncharitable exempt organization ...................................... (ii)Purchases of assets from a noncharitable exempt organization.... .......................................... (iii)Rental of facilities, equipment, or other assets.............................................................. (iv)Reimbursement arrangements............................................................................. (v)Loans or loan guarantees... .............................................................................. (vi)Performance of services or membership or fundraising solicitations .......................................... c Sharing of facilities, equipment, mailing lists, other assets, or paid employees .................................... d If the answer to any of the above is 'Yes,' complete the. following. schedule. Column (b) should always show the fair market the goods, other assets, or services given by the reportin organization. If the organization received less than fair market an transaction or sharing arrangement, show In column �d) the value of the goods, other assets, or services received: in section 501(c) Yes No 51 a (I) a (ii) X b (i) X b (ii) X b (iii) X b (iv) X b (v)X b (vi) X c X value value of in Linea no. Amount involved c Name of noncharitable) exempt organization d Description of transfers, transactions, and sharing arrangements N/ - 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527? .................... I ..... 1 Yes X❑ No BAA Schedule A (Form 990 or 990-EZ) 2004 IEEA0406L 11/29/04 t V cu Schedule B (Form 990, 990-EZ, or 990-PF) Schedule of Contributors Department of the Treasury Supplementary Information for Internal Revenue Service line 1 of Form 990, 990-EZ and 990-PF (see instructions) OMB No. 1545-0047 K1I1M] Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 123-7365064 Organization type (check one): Filers of: Section: Form 990 or 990-EZ X 501(c)( 3 ) (enter number) organization 4947(a)(1) nonexempt charitable trust not treated as a private foundation n527 political organization Form 990-PF 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. (Note: Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule — see instructions.) General Rule — For organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or property) from any one vI contributor. (Complete Parts I and II.) Special Rules — r]For a section 501(c)(3) organization filing Form 990, or Form 990-EZ, that met the 33-1/3% support test of the regulations under sections 509(a)(1)/170(b)(1)(A)(vi) and received from any one contributor, during the year, a contribution of the greater of $5,000 or 2% of the amount on line 1 of these forms. (Complete Parts I and II.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, aggregate contributions or bequests of more than $1,000 for use exclusivelyfor religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. (Complete Parts I, II, and III.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, some contributions for use exclusively for religious, charitable, etc, purposes, but these contributions did not aggregate to more than $1,000. (If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc, purpose. Do not complete any of the Parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc, contributions of $5,000 or more during the year.) .................................... " $ Caution: Organizations that are not covered by the General Rule and/or the Special Rules do not file Schedule B (Form 990, 990-EZ, or 990-PF) but they must check the box in the heading of their Form 990, Form 990-EZ, or on line 2 of their Form 990-PF, to certify that they do not meet the filing requirements of Schedule B (Form 990, 990-EZ, or 990-PF). BAA For Paperwork Reduction Act Notice, see the Instructions Schedule B (Form 990, 990-EZ, or 990-PF) (2004) for Form 990, Form 990-EZ, and Form 990-PF. 254 TEEA0701L 11/24/04 he y Schedule d (Form 990, 990-EZ, or 990-PF) (2004) Page 1 of 2 of Part I Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 123-7365064 Part I I Contributors (See Specific Instructions.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions 1 JEANNE S . ANDERSON _ _ _ _ _ _ _ _ _ Person X Payroll 166 KIVA DRIVE $ 30,000. Noncash (Complete Part II if there PALM DESERT, CA 92260 ------------------------------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 2 H.N. & FRANCES BERGER FOUND. ------------------------------------- Person X Payroll P.O. BOX 13390 $ 92,000. Noncash (Complete Part II if there CA 92255 PALM DESERT, — ---------------------- -------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 3 DOBBINS FAMILY FOUNDATION -- ----------------------------------- Person X Payroll 6653 EMBARCADERO, SUITE Q $ 10,000. Noncash (Complete Part II if there STOCKTON,—CA 93219—_ -- - - - - - - - - - - - - - - - - - - - - is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 4 JOHN P . MCGOVERN ------------------------------------- Person X Payroll 2211 MORFOLK, SUITE 900 $ 50, 000 . Noncash (Complete Part II if there HOUSTON, TX 77098 ------------------------------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions 5 REINHART FOUNDATION ------------------------------------- Person X Payroll 7375 BEAUFONT SPRINGS DR #210 $ 50,000. Noncash (Complete Part II if there RICHMOND, — VA 23225 _ _ — — _ — — — — --------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 6 THE AUEN FOUNDATION ------------------------------------ Person X Payroll P 0 BOX 13390 $50,000_ Noncash (Complete Part II if there PALM DESERT,— CA 92255--_—_--- is a noncash contribution.) '-) )J BAA TEEA0702L 09/13/04 ---$chedul B or 0 990-EZ, or 990-PF) (2004) a Schedule B (Form 990, 990-EZ, or 990-PF) (2004) Page 2 of 2 of Part I Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. �23-33165064 Part I I Contributors (See Specific Instructions.) — — (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 7 THE HIGHLND STREET CONNECTION —---------- Person Payroll N P 0 BOX 5209 $ 5, 000. Noncash FRAMINGHAM, CA 01701 — _ — — --------------- ------------------ (Complete Part II if there is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions 8 COMPASSPOINT NONPROFIT SERVICE ------------- Person X Payroll 706 MISSION ST, 5TH FLOOR $ 35,000, Noncash SAN FRANCISCO, CA 94103 — — — — — — (Complete Part II if there is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 9 RAE JEAN FABIAN Person X Payroll 235 GARDEN —DR . ------------------------------------ $ 5,000. -------=--- Noncash LAKE ARROWHEAD, CA— — — — — — — — — — — — — — — — — — — — — — — — (Complete Part II if there is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Person Payroll — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — $ Noncash (Complete Part 11 if there — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ _ — — _ — — — is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions — — — — — — — — — — — — — — —— — — — — — — — — — — — — Person Payroll -------------------------------------$ ------ Noncash (Complete Part II if there — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — _ — _ is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions — — — — — — — — — — — — — — — — — — --_----- Person Payroll -------------------------------------$ — Noncash (Complete Part II if there — — — — — — — — — — — — — — — — — — _---_ is a noncash contribution.) BAA TEEA0702L 09/13/04 j 8ch4dule 90, 90-EZ, or 990-PF) (200256 of 1 of Part 11 Schedule B (Form 990, 990-EZ, or 990 Name of organization THE RANCH RECOVERY CENTERS, INC. Part 11 Noncash Property (See Specific Instructions.) Employer identification number 23-7365064 (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received ------------------------------------------- N/A - ---------------------------------------- ---------------------------------------- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -------- (a) No. from Part 1 (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received ---------------------------------------- ------------------------------------------ ---------------------------------------- (a) No. from Part 1 (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received ---------------------------------------- ------------------------------------------ ---------------------------------------- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -------- (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate (see instructions (d) Date received ---------------------------------------- ------------------------------------------ ---------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - a No. from Part I b Description of noncash property given c FMV (or estimate) (see instructions) d Date received ------------------------------------------ ------------------------------------------ ---------------------------------------- (a) No. from Part I (b) Description of noncash property given (c) FMV (or estimate) (see instructions) (d) Date received ---------------------------------------- ------------------------------------------ ---------------------------------------- BAA Schedule B (Form 990. 990-EZ. or 990-PF) (2004) TEEA0703L 09/13/04 Schedule B (Form 990, 990-EZ, or 990-PF) (2004) Page 1 of 1 of Part III Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 23-7365064 — a nwuarvciy fC11y1VUS, criantaote, etc, Inolvlaual contrinutlons to section !)M(c)(7), (8), or (10) organizations aggregating more than $1,000 for the year (complete cols (a) through (e) and the following line entry.) For organizations completing Part III, enter total of exclusively religious, charitable, etc, contributions of $l-non nr lecc fnr fha vaar (PnfAr fhic infn—finn n n c+. n+L ) ► No. from Part I Purpose of gift Use of gift ........... Y(d) LY/l7 Description of how gift is held N/A --------------------------------------------------------------- ------------------- ------ --------------- -------------------- (e) Transfer Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- --------------------------- (a) No. from Part 1 (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- ------- ------------------- -------------------- -----------7-------- -------------------- --------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- -------------------------- (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- --------------------------------------------------------------- ------------------- -------------------- -------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP +4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- --------------------------- (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- ---------------------------------------------------------------- ------------------- -------------------- -------------------- I --------------------- — ------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------------------------------------- ---------------------------------- - ------------------------------------------------------------------------------------------ BAA TEEA0704L 09/13/04 Sr hed e B or 990-PF) (2004) r2.. 5 S 2004 Federal Statements Page 1 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Statement 1 Form 990, Part II, Line 43 Other Expenses (A) (B) (C) (D) Program Management Total Services & General Fundraising AUTO EXPENSES 26,238. 19,941. 6,297. CASUAL LABOR 4,374. 3,324. 1,050. FOOD 120,376. 91,486. 28,890. INSURANCE 31,625. 24,035. 7,590. LICENSES & FEES 12,597. 9,574. 3,023. LIFE INSURANCE 4,493. 3,415. 1,078. MEDICAL 12,200. 9,272. 2,928. OPERATIONS 98,942. 75,196. 23,746. PROPERTY TAXES 978. 743. 235. WORKERS COMP INSURANCE 43,858. 33,332. 10,526. Total $ 355,681. $ 270,318. $ 85,363. $ 0. Statement 2 Form 990, Part IV, Line 57 Land, Buildings, and Equipment Accum. Book Category Basis Deprec. Value Miscellaneous $ 3,155,215. $ 944,595. $ 2,210,620. Total $ 3,155,215. $ 944,595. $ 2,210,620. Statement 3 Form 990, Part V List of Officers, Directors, Trustees, and Key Employees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address Per Week Devoted sation EBP & DC Other JEANNE-ANDERSON GARRETT Director $ 0. $ 0. $ 0. 166 KIVA None PALM DESERT, CA 92260 TONY CISNEROS Vice Chair 0. 0. 0. 44095 GOLDEN ROD CIRCLE None LA QUINTA, CA 92253 JAMES TRACY Director 0. 0. 0. 72452 RANCHO ROAD None RANCHO MIRAGE, CA 92270 BOB MURPHY Director 0. 0. 0. 76056 PALM VALLEY DRIVE None PALM DESERT, CA 92260 0 e­�� 4— ") )y 259 2004 Federal Statements Page 21 THE RANCH RECOVERY CENTERS, INC. 23-7 Statement 3 (continued) Form 990, Part V List of Officers, Directors, Trustees, and Key Employees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address Per Week Devoted sation EBP & DC Other WAYNE STIGALL SECRETARY $ 0. $ 0. $ 0. 72630 LOTUS COURT None PALM DESERT, CA 92260 LYNNE TUITE Publicity Chair 0. 0. 0. 52 LAKE SHORE DRIVE None RANCHO MIRAGE, CA 92270 RICK MESA President & CEO 187,183. 8,830. 0. 44060 OCOTILLO DRIVE 40 PALM DESERT, CA 92260 BOB REORDAN Director 0. 0. 0. 35898 CALLOWAY LANE None PALM DESERT, CA 92211 JOE SOLOMON Finance Comm 0. 0. 0. 34 CALLE CLAIRE None PALM DESERT, CA 92260 ERNIE RUBIN Chairman 0. 0. 0. 41701 CORPORATE WAY #2 None PALM DESERT, CA 92260 SANDRA S. REID RECORDING SEC 0. 0. 0. P 0 BOX 10249 None PALM DESERT, CA 92255 JIM FARRELL Director 0. 0. 0. 72720 CACTUS COURT #C None PALM DESERT, CA 92260 Total $ 187,183. $ 8,830. $ 0. 602160 YEAR California Exempt Organization FORM 2004 Annual Information Return 199 For calendar or fiscal year beginning month 07 day 01 year 2004, and ending month 06 day 30 year 2005 IMPORTANT: Your number is required. A Final return? Yes. Check applicable box. X No California corporation number Federal employer identification number (FEIN) • Dissolved Withdrawn Me(attarged/Reorganized ❑ ❑ ❑ ch explanation) D 0668920 �23-7365064 If a box is checked, enter date e Check s State: 109 11 100 11 loos 11 1 ooW Fed: a 990 Corporation/Organization name _ B fill this year: this year. Fed: ❑ 990EZ ❑ 990T ❑ 990PF ❑ 1041 ❑ 1120H ❑ 1120 THE RANCH RECOVERY CENTERS, INC. C If organization is exempt under R&TC Section 23701d and is a school, public charity, religious organization, or is controlled by a religious operation, check box. Address PMB no. See General Instruction F. No filing fee is required. • 1-1 D Is this a group filing? See General Instruction IN....... 11Yes N No 7885 ANNANDALE AVENUE E Accounting method used . Accrual City State ZIP Code F Type of AExempt under Section 23701 d (insert letter) DESERT HOT SPRINGS, CA 92240 organizationIRC Section 4947(a)(1) trust Part I Complete Part I unless not required to file this form. See General Instructions B and C. 1 Gross sales or receipts from other sources. From Side 2, Part 11, line 8.................... • 1 1,336,177. 2 2 Gross dues and assessments from members and affiliates ................................ • 3 411,039.. 3 Gross contributions, gifts, grants, and similar amounts received. See instructions........ See. Sch ...B.... • Receipts and Revenues 4 Total gross receipts for filing requirement test. Add line 1 through line 3 This line must be completed. If the result is less than $25,000, see General Instruction C. • 4 1, 747, 216. Y-.. (Enclose, but do not staple, any payment.) 5 Cost of goods sold ............................................. 5 6 Cost or other basis, and sales expenses of assets sold........... 6 7 Total costs. Add line 5 and line 6.......................................................... 7 8 1, 747, 216. 8 Total gross income. Subtract line 7 from line 4.............................................. Expenses 9 Total expenses and disbursements. From Side 2, Part 11, line 18............................. 10 Excess of receipts over expenses and disbursements. Subtract line 9 from line 8 ............. 9 1, 571, 716. 10 175,500. 11 Filing fee $10 or $25. See General Instruction F............................................. 11 10. 12 Filing Fee 12 Penalty for failure to file on time. See General Instruction L................................. 13 13 Use tax. See instructions............................................................... • 14 10. 14 Balance due. Add line 11, line 12, and line 13....................................................... 15 If exempt under R&TC Section 23701d, has the organization during the year: (1) participated in any political campaign or (2t attempted to influence legislation or any ballot measure, or (3) made an election under R&TC Section 23704.5 (relating to lobbying by public charities)? If 'Yes,' complete and attach form FTB 3509, Political or Legislative Activities by Section 23701d Organizations.................................................................................. Yes --1 No 16 Did the organization have any changes in its activities, governing instrument, articles of incorporation, or bylaws that have not been reported to the Franchise Tax Board? If 'Yes,' complete an explanation and attach copies of reviseddocuments................................................................................................ H Yes X❑No17 Is the organization exempt under R&TC Section 23701g?............................................................Yes X No If 'Yes,' enter amount of gross receipts from nonmember sources... $ 18 Did the organization file Form 100, Form 100S, 100W, or Form 109 to report taxable income? .......................... ❑ Yes X❑ No If 'Yes,' enter amount of total income reported..... $ 19 The financial records are in care of JENNY @ CREATIVE BOOKKEEPING located at 74-633 EL PASEO #K, PALM DESERT, CA 92260 Daytime telephone 760-340-1738 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Please Sign Here ► r► Robert Boseant, CPA Paid signaturegnature Preparer's Boseant Piper & Associates, Inc Use Only Firm's name (or yours, if self- ► 74-770 Highway 111, Suite 205 emddployed) and aress Indian Wells, CA 92210 For Privacy Act Notice, get form FTB 1131 ► Title Date • Daytime telephone Date Check Paid preparer's SSN or PTIN if ernepioyed • 570-86-3474 FEIN e • Daytime telephone (760) 568-2699 19904104051 FrE 4 ,F r f1 9 C1 2004 Side 1-r) THE RANCH RECOVERY CENTERS, INC. 23-7365064 Part 11 Organizations with gross receipts of more than $25,000 and private foundations regardless of amount of gross receipts — complete Part If or furnish substitute information. See Specific Line Instructions. Receipts from Other Sources 1 Gross sales or receipts from all business activities. See instructions ............................ 2 Interest ............... ............... ............................................... ....... 3 Dividends.................................................................................. 4 Gross rents................................................................................. 5 Gross royalties ......................................................... lti 6 Gross amount received from sale of assets ............. .................................... 7 Other income. Attach schedule ................................... Se.e..Statement..1..... 8 Total gross sales or receipts from other sources. Add line 1 through line 7. Enter here and on Side 1, Part I, line 1....................................................... 1 2 3 4 5 6 7 1,336,177. 8 1,336,177. Expenses and Disburse- ments 9 Contributions, gifts, grants, and similar amounts paid. Attach schedule ........................... I .... I ....... 10 Disbursements to or for members............................................................ 11 Compensation of officers, directors, and trustees. Attach schedule..... See. Statement. 2. 12 Other salaries and wages................................................................... trt 13 Interest ............. 14 Taxes ............... . ..... ................................................................. 15 Rents...................................................................................... 16 Depreciation and depletion.................................................................. 17 Other. Attach schedule .......................................... Se.e. Statement..3..... 18 Total expenses and disbursements. Add line 9 through line 17. Enter here and on Side 1, Part I, line 9 ................ 1 9 10 11 187, 183. 12 600,228. 13 10,107. 14 64,077. 15 89,249. 16 66,962. 17 553,910. 18 1 1, 571,716. Schedule L Balance Sheets I Beginning of taxable year I End of taxable year Assets 1 Cash. . .................................... 2 Net accounts receivable .................... 3 Net notes receivable. Attach schedule ............... 4 Inventories ................................ 5 Federal and state government obligations ... 6 Investments in other bonds. Attach schedule.......... 7 Investments in stock. Attach schedule ............... 8 Mortgage loans (number of loans.. 9 Other investments. Attach schedule......... 10a Depreciable assets ......................... bless accumulated depreciation .............. 11 Land ........................... 12 Other assets. Attach schedule ....... St. .4 A. 13 Total assets ............................... Liabilities and net worth 14 Accounts payable .............. . ........... 15 Contributions, gifts, or grants payable.......' 16 Bonds and notes payable. Attach schedule ........... 17 Mortgages payable ......................... 18 Other liabilities. Attach schedule............ 19 Capital stock or principle fund .............. 20 Paid -in or capital surplus. Attach reconciliation........ 21 Retained earnings or income fund ......... . 22 Total liabilities and net worth ............... a b c d :: z , 486, 825. '; .. :' s'. =. - = 405,268. 34,015. 86,147. 2,779, 999. 3,155,215. 877, 632. 1, 902, 367. 944, 595. 2,210, 620. „; :` _ .1 ` d : , a Mf. � µ _ s 4,097.w`I 3,016. 2, 927, 304 2, 705, 051. 32,264. 100,282. 120,000 154,229. 2, 275, 040 2,450,540. 2, 427, 304 . 2, 705, 051. Schedule M-1 Reconciliation of income per books with income per return Do not complete this schedule if the amount on Schedule L, line 13, column (d), is less than $25,000 1 Net income per books .................... 2 Federal income tax ...................... 3 Excess of capital losses over capital gains 4 Income not recorded on books this year. Attach schedule ......................... 5 Expenses recorded on books this year not deducted in this return. Attach schedule .................. 6 Total. Add line 1 through line 5................. 175, 500 . 7 Income recorded on books this year not included in this return. Attach schedule ...................... . 8 Deductions in this return not charged against book income this year. Attach schedule ...................... . 9 Total. Add line 7 and line 8........... . 10 Net income per return. Subtract line 9 from line 6........ , .... 175,500. 175, 500. Side 2 Form 199 C1 2004 —j 19 9 0 4 2 0 4 0 51 �— jai. CACAI 712L 12/16/04 t� N Schedule B California Copy (Form 990, 990-EZ, or 990-PF) Schedule of Contributors Department of the Treasury Supplementary Information for Internal Revenue Service line 1 of Form 990, 990-EZ and 990-PF (see instructions) OMB No. 1545-0047 allinj Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 123-7365064 Organization type (check one): Filers of: Form 990 or990-EZ Section: X 501(c)( 3 ) (enter cumber) organization 4947(a)(1) nonexempt charitable trust not treated as a private foundation 527 political organization Form 990-PF 501(c)(3) exempt private foundation 4947(a)(1) nonexempt charitable trust treated as a private foundation 501(c)(3) taxable private foundation Check if your organization is covered by the General Rule or a Special Rule. (Note: Only a section 501(c)(7), (8), or (10) organization can check boxes for both the General Rule and a Special Rule — see instructions.) General Rule — aFor organizations filing Form 990, 990-EZ, or 990-PF that received, during the year, $5,000 or more (in money or property) from any one contributor. (Complete Parts I and II.) Special Rules — E]For a section 501(c)(3) organization filing Form 990, or Form 990-EZ, that met the 33-1/3% support test of the regulations under sections 509(a)(1)/170(b)(1)(A)(vi) and received from any one contributor, during the year, a contribution of the greater of $5,000 or 2% of the amount on line 1 of these forms. (Complete Parts I and II.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, aggregate contributions or bequests of more than $1,000 for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. (Complete Parts I, ll, and III.) For a section 501(c)(7), (8), or (10) organization filing Form 990, or Form 990-EZ, that received from any one contributor, during the year, some contributions for use exclusivelyfor religious, charitable, etc, purposes, but these contributions did not aggregate to more than $1,000. (If this box is checked, enter here the total contributions that were received during the year for an exclusively religious, charitable, etc, purpose. Do not complete any of the Parts unless the General Rule applies to this organization because it received nonexclusively religious, charitable, etc, contributions of $5,000 or more during the year.) .................................... 11 $ Caution: Organizations that are not covered by the General Rule and/or the Special Rules do not file Schedule B (Form 990, 990-EZ, or 990-PF) but they must check the box in the heading of their Form 990, Form 990-EZ, or on line 2 of their Form 990-PF, to certify that they do not meet the filing requirements of Schedule B (Form 990, 990-EZ, or 990-PF). BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990, Form 990-EZ, and Form 990-PF. Schedule B (Form 990, 990-EZ, or 990-PF) (2004) r TEEA0701 L 11 /24/04 i-_..—..__I Schedule B(Form 990, 990-EZ, or 990-PF) (2004) Page 1 of 2 of Part Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 23-7365064 Part 1 Contributors (See Specific Instructions.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 1 JEANNE S . ANDERSON - _ _ _ _ -------------------------------- Person X Payroll 166 KIVA DRIVE -$-_--- 30, 000_ Noncash PALM DESERT, CA 92260 ------------------------------------- (Complete Part II if there is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 2 H.N. & FRANCES BERGER FOUND. ---- --------------------------------- Person X Payroll P.O. BOX 13390 $_-_-_ 92,000. Noncash (Complete Part II if there CA 92255 PALM DESERT,— ---------------------- -------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 3 DOBBINS FAMILY FOUNDATION _ _ _ --------------------------------- - Person X Payroll 6653 EMBARCADERO, SUITE Q __________________$-__-_ 10,000^ Noncash (Complete Part II if there STOCKTON, CA 93219 ------------------------------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions 4 JOHN P . MCGOVERN Person X Payroll 2211 MORFOLK, SUITE 900 $ 50,000. Noncash (Complete Part II if there HOUSTON,_ TX 77098_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP +4 Aggregate Type of contribution contributions 5 [REINHART ------------------- FOUNDATION _ _ _ _ Person X Payroll375 BEAUFONT SPRINGS DR #210 $ 50,000. Noncash (Complete Part II if there RICHMOND,_VA 23225_ ----------------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 6 THE AUEN FOUNDATION _ _ _ _ _ _ _ _ ---------------------------- Person X Payroll P 0 BOX 13390 $- _ _ _ _ 50,000. Noncash PALM DESERT CA 92255 - - _ _ - - _ - (Complete Part II if there is a noncash contribution.) BAA TEEA0702L 09/13/04 Schedule Q(for 99 9t9 o 6-PF) (2004) a Schedule B (Form 990, 990-EZ, or 990-PF) (2004) Page 2 of 2 of Part I Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 123-7365064 Part 1 j Contributors (See Specific Instructions.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 7 THE ----------------------------------- HIGHLND STREET CONNECTION Person X Payroll P 0 BOX 5209 $ 5,000. Noncash (Complete Part II if there FRAMINGHAM, CA ------------------------------------- 01701 is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 8 COMPASSPOINT NONPROFIT SERVICE ----------------------------------- Person X Payroll 706 MISSION ST, 5TH FLOOR _ _ $_ _ _ _ _ 35,000. Noncash (Complete Part it if there SAN FRANCISCO, CA 94103 _ _ _ _ _ _ _ _ — — — _ is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions 9 RAE ------------------------------------- JEAN FABIAN Person X Payroll 235 GARDEN DR. $ 5, 000 . Noncash (Complete Part II if there LAKE ARROWHEAD, --------------------------- CA is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions Person ------------------------------------- Payroll $ Noncash (Complete Part II if there ------------------------------------- is a noncash contribution.) (a) (b) (c) I(d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions Person ---------------------------------- Payroll $ Noncash (Complete Part 11 if there ------------------------------------- is a noncash contribution.) (a) (b) (c) (d) Number Name, address, and ZIP + 4 Aggregate Type of contribution contributions _ _ _ Person --------------------------------- _ Payroll $ Noncash (Complete Part II if there is a noncash contribution.) BAA TEEA0702L 09/13/04 Schedut'e79'(For 0Z;990-PF) (2004) i' B (Form 990, 990-EZ, or 990 of 1 of Part II Name of organization 123-7365064 mployer identification number THE RANCH RECOVERY CENTERS, INC. Part II Noncash Property (See Specific Instructions.) (a) (b) (c) (d) No. from Description of noncash property given FMV (or estimate) Date received Part I — (see instructions) N/A ---------------------------------------- ----------------------------------------- ---------------------------------------- ---------------------------------------- $-------------------- (a) No. from (b) Description of noncash property given (c) FMV (or estimate) (d) Date received Part I (see instructions) ---------------------------------------- ----------------------------------------- ---------------------------------------- ---------------------------- — — — — — — — — — — — — $ — — — — — — — — — — — — — — — — — — — a No. from Description of noncash property given FMV (or estimate) Date received Part I (see instructions) ---------------------------------------- ------------------------------------------ ---------------------------------------- ---------------- — — — — — — — — — — — — — — — — — — — — — — — — $ — — — — — — — — — — — — — — — — — — — a No. from Description of noncash property given FMV (or estimate) Date received Part I (see instructions) ---------------------------------------- ----------------------------------------- ---------------------------------------- ------------------------ — — — — — — — — — — — — — — — — $ — — — — — — — — — — — — — — — — — — — a No. from Description of noncash property given FMV (or stimate) Date received Part I (see instructions) ---------------------------------------- ------------------------------------------ ---------------------------------------- =--------------------------------------- $— — — — — — — — — — — — — — — — — — — a No from Description of noncash property given FMV (or estimate) Date received Part I (see instructions) ---------------------------------------- ------------------------------------------ ----------- ---------------------------------------- $ BAA Schedule B (Form 990. 990-EZ. or 990-PF) (2004) � ctc TEEA0703L 09/13/04 1 r Schedule f3 (Form 990, 990-EZ, or 990-PF) (2004) Page 1 of 1 of Part III Name of organization Employer identification number THE RANCH RECOVERY CENTERS, INC. 123-7365064 Part Ill Exclusively religious, charitable, etc, individual contributions to section 501(c)(7), (8), or (10) organizations aggregating more than $1,000 for the year (Complete cols (a) through (e) and the following line entry.) For organizations completing Part III, enter total of exclusively religious, charitable, etc, rontrihutions of S7.000 or less for the vear. (Enter this information once — see instructions.)........... $ N/A (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held N/A ------------------- ------------------- ---------------- — — — — -------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- --------------------------- (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- ------------------- -------------------- -------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- --------------------------- (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- ------------------- -------------------- -------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- ---------------------------------- ---------------------------------- --------------------------- --------------------------- --------------------------- (a) No. from Part I (b) Purpose of gift (c) Use of gift (d) Description of how gift is held ------------------- ---------------------------------------------------------------- ------------------- -------------------- -------------------- --------------------- --------------------- (e) Transfer of gift Transferee's name, address, and ZIP + 4 Relationship of transferor to transferee ---------------------------------- --------------------------------------------------------------- - ----------------------------------------------------------------------------------------- BAA ScheduJe_$_.(Form 990 990-EZ, or 990-PF) (2004) TEEA0704L 09/13/04 b i. 0 2004 California Statements Page 1 THE RANCH RECOVERY CENTERS, INC. 23-7365064 Statement 1 Form 199, Part II, Line 7 - Other Income - Program Service Revenue ................................. ..................................... $ 1, 336, 177. Total $ 1,336,177. Statement 2 Form 199, Part II, Line 11 Compensation of Officers, Directors, and Trustees Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address Per Week Devoted sation EBP & DC Other JEANNE-ANDERSON GARRETT Director $ 0. $ 0. $ 0. 166 KIVA None PALM DESERT, CA 92260 TONY CISNEROS Vice Chair 0. 0. 0. 44095 GOLDEN ROD CIRCLE None LA QUINTA, CA 92253 JAMES TRACY Director 0. 0. 0. 72452 RANCHO ROAD None RANCHO MIRAGE, CA 92270 BOB MURPHY Director 0. 0. 0. 76056 PALM VALLEY DRIVE None PALM DESERT, CA 92260 WAYNE STIGALL SECRETARY 0. 0. 0. 72630 LOTUS COURT None PALM DESERT, CA 92260 LYNNE TUITE Publicity Chair 0. 0. 0. 52 LAKE SHORE DRIVE None RANCHO MIRAGE, CA 92270 RICK MESA President & CEO 187,183. 8,830. 0. 44060 OCOTILLO DRIVE 40 PALM DESERT, CA 92260 BOB REORDAN Director 0. 0. 0.' 35898 CALLOWAY LANE None PALM DESERT, CA 92211 JOE SOLOMON Finance Comm 0. 0. 0. 34 CALLE CLAIRE None PALM DESERT, CA 92260 ERNIE RUBIN Chairman 0. 0. 0• 41701 CORPORATE WAY #2 None PALM DESERT, CA 92260 U8 2004 California Statements THE RANCH RECOVERY CENTERS, INC. Statement 2 (continued) - Form 199, Part 11, Line 11 - Compensation of Officers, Directors, and Trustees Page 2 23- Title and Contri- Expense Average Hours Compen- bution to Account/ Name and Address Per Week Devoted sation EBP & DC Other SANDRA S. REID RECORDING SEC $ 0. $ 0. $ 0. P 0 BOX 10249 None PALM DESERT, CA 92255 JIM FARRELL Director 0. 0. 0. 72720 CACTUS COURT #C None PALM DESERT, CA 92260 Total $ 187,183. $ 8,830. $ 0. Statement 3 Form 199, Part II, Line 17 Other Expenses AccountingFees.................................................................................... $ 21,302. AUTOEXPENSES ........................................................................................ 26,238. CASUALLABOR......................................................................................... 4,374. Conferences, Conventions, and Meetings ............................................. 4,664. Equipment Rental and Maintenance.......................................................... 46,425. FOOD...................................................................................I...I............. 120,376. INSURANCE............................................................................................. 31,625. LICENSES& FEES.................................................................................... 12,597. LIFEINSURANCE...................................................................................... 4,493. MEDICAL........................................................... .......... I.......................... 12,200. OPERATIONS............................................................................................ 98,942. Other Employee Benefit.......................................................................... 56,688. Pension Plan Contributions.................................................................... 45,294. PROPERTYTAXES ............................... ......... ................ I.............................. 978. Supplies............................................................................................... 8,733. Telephone... .................................... ..................................................... 15,123. WORKERS COMP INSURANCE. ....................................... I ........... I ...........I ......... 43,858. Total $ 553,910: Statement 4 Form 199, Schedule L, Line 12 Other Assets Prepaid Expenses and Deferred Charges ................................................. 3,016. Total $ 3,016. IN MAIL TO: Registry of Charitable Trusts P.O. Box 903447 Sacramento, CA 94203-4470 Telephone: (916) 445-2021 WEBSITE ADDRESS: hftp:llag.ca.gov/charities/ ANNUAL REGISTRATION RENEWAL FEE REPORT TO ATTORNEY GENERAL OF CALIFORNIA Sections 12586 and 12587, California Government Code 11 Cal. Code Regs. sections 301-307, 311 and 312 Failure to submit this report annually no later than four months and fifteen days after the end of the organization's accounting pperiod may result in the loss of tax exemption and the assessment of a minimum tax of 5800, plus interest, and/or fines or filing penalties as defined in Government Code Section 12586.1. IRS extensions will be honored. Check if: State Charity Registration Number 16077 HAmended Change of address report THE RANCH RECOVERY CENTERS, INC. Name of Organization 7885 ANNANDALE AVENUE Corporate or Organization No. D 0668920 Address (Number and Street) DESERT HOT SPRINGS, CA 92240 Federal Employer ID No. 23-7365064 City or Town State ZIP Code ANNUAL REGISTRATION RENEWAL FEE SCHEDULE (11 Cal. Code Regs. sections 301-307, 311and 312) Make Check Payable to Attorney General's Registry of Charitable Trusts Gross Annual Revenue Fee Gross Annual Revenue Fee Gross Annual Revenue Fee Less than $25,000 0 Between $100,001and $250,000 $50 Between $1,000,001 and $10 million $150 Between $25,000 and $100,000 $25 Between $250,001 and $1 million $75 Between $10,000,001 and $50 million $225 Greater than $50 million $300 PART A — ACTIVITIES For your most recent full accounting period (beginning 7/01/04 ending 6/30/05 ) list: Gross annual revenue $ 1, 747, 216. Total assets $ 2, 705, 051. PART B — STATEMENTS REGARDING ORGANIZATION DURING THE PERIOD OF THIS REPORT Note: If you answer'yes' to any of the questions below, you must attach a separate sheet providing an explanation and details for each 'yes' response. Please review RRF-1 instructions for information required. Yes No 1 During this reporting period, were there any contracts, loans, leases or other financial transactions between the organization and any officer, director or trustee thereof either directly or with an entity in which any such officer, director or trustee had any financial interest? X 2 During this reporting period, was there any theft, embezzlement, diversion or misuse of the organization's charitable property or funds? X 3 During this reporting period, did non -program expenditures exceed 50% of gross revenues? El X 4 During this reporting period, were any organization funds used to pay any penalty, fine or judgment? If you filed a Form 4720 with the Internal Revenue Service, attach a copy. EJX 5 During this reporting period, were the services of a commercial fundraiser or fundraising counsel for charitable purposes used? If 'yes,' provide an attachment listing the name, address, and telephone number of the service provider. X 6 During this reporting period, did the organization receive any governmental funding? If so, provide an attachment listing the name of the agency, mailing address, contact person, and telephone number. X 7 During this reporting period, did the organization hold a raffle for charitable purposes? If 'yes,' provide an attachment indicating the number of raffles and the dates) they occurred. FJX 8 Does the organization conduct a vehicle donation program? If 'yes,' provide an attachment indicating whether the program is operated by the charity or whether the organization contracts with a commercial fundraiser for charitable purposes. X 9 Did your organization have prepared an audited financial statement in accordance with generally accepted accounting principles for this reportin period? nX Organization's area code and telephone number Organization's e-mail address declare under penalty of perjury that I have examined this report, including accompanying documents, and to the best of my knowledge and belief, it is true, correct and complete. Signature of authorized officer Printed Name Title Date CAVA9801L 08/16/05 `' RRF-1-(3-0.5 C C C o wJ p ojq� 0 w �Ni ��i -fie a CD CD CDf1 CD CDorq OCDD 0CDD w b CD tz bd OD � `C C o C Q tCD o C) m CD a w a m w w O CDID �' � �•' � p' En CL c�D cD wx p ti a�i w �' n p CA v m N 0 o C C �, En O ' CD a O m w CL CD CDqq t:) " CD N CD w 7J <DCD m o w o 100 =+ a CD C/] w cil CD c S. En CD v, ri c aq CL W m c o. • c cncn C7 0 n b5 64 b9 b9 b4 Ef3 69 b9 69 P oo W f w 00 N N O i+ W O W S �D 0 0 O r0 0 Un 0 0000 b9 N J N O O w k � m o cn C G7 CD CD w w ov w a 4 o ON Och w 00 b9 bRT b9 rn � J N � O 00 bR b9 fo% 0 rn b4 ff? b9 N J � 00 Vt O� O� Vl co N 0000 � 601 b4 b9 w to N W � � o0 00 O b9 64 b4 J w \ O� 00 N ON b9 b9 b9 b9 f!3 64 b4 b4 b4 b9 CD W N N N P CD CD LA rn o\ O a w n C1. w w CL w The Ranch Recovery Centers, Inc. Hacienda Valdez -Transition 2006/2007 Projected Budget INCOME MONTHLY ANNUALLY Full Pay $2,546 $30,552 Partial Pay 63 756 SASCA-Designated 509 6,108 SASCA-Des/Day TX 684 8,208 Anticipated Donations 0 0 Other Income 49 588 Refunds 0 0 Total $3,851 $46,212 EXPENSES Salaries (Staff & Management) 2,860 34,320 Employee Benefits 526 6,312 Casual & Contract Labor 17 204 Payroll Taxes 225 2,700 Property Taxes 29 348 Insurances (Facility/Auto) 83 996 Utilities & Telephone 771 9,252 Repairs & Maintenance 290 3,480 Operations 228 2,736 Auto Repairs/Fuel 129 1,548 Food 25 300 Office Supplies 80 960 Licenses/Dues 32 384 Accounting & Professional Fees 125 1,500 Education & Training 30 360 Interest Expenses 46 552 Depreciation 655 7,860 Total $6,151 $73,812 Operating Reserves (Deficit) ($2,300) ($27,600) �172 The Ranch Recovery Centers, Inc. Hacienda Valdez -Residential Program 2006/2007 Projected Budget INCOME - MONTHLY ANNUALLY Full Pay $9,279 $111,348 Partial Pay 1,254 15,048 County Contract -Resident 5,960 71,520 County Contract-Dual/Diag. 1,104 13,248 County Contract -Drug Court 1,155 13,870 County Contract -Female Offender 5,370 64,440 County Prop 36 7,997 95,964 Share of Cost 274 3,288 SASCA-Designated 1,500 18,000 Food Stamps 1,143 13,716 Anticipated Donations 0 0 Other Income 184 2,208 Refunds (420) (5,040) Total $34,800 $417,610 EXPENSES Salaries (Staff& Management) 22,321 267,852 Employee Benefits 4,376 52,512 Casual & Contract Labor 221 2,652 Payroll Taxes 1,869 22,428 Property Taxes 277 3,324 Insurances (Facility/Auto) 781 9,372 Utilities & Telephone 2,378 28,536 Repairs & Maintenance 1,182 14,184 Operations 2,289 27,468 Medical 861 10,332 Auto Repairs/Fuel 579 6,948 Food 4,076 48,912 Office Supplies 369 4,428 Licenses/Dues 157 1,884 Accounting & Professional Fees 638 7,656 Education & Training 124 1,488 Interest Expenses 230 2,760 Depreciation 3,151 37,812 Total $45,879 $550,548 Operating Reserves (Deficit) ($1 ($132,938) The Ranch Recovery Centers, Inc. Hacienda Valdez-Detox 2006/2007 Projected Budget INCOME MONTHLY ANNUALLY Full Pay $1,026 $12,312 Partial Pay 54 1648 County Contract-Detox 2,605 31,260 County Prop 36 174 2,088 Share of Cost 54 648 Anticipated Donations 0 0 Other Income 20 240 Refund (25) (300) Total $3,908 $46,896 EXPENSES Salaries (Staff & Management) 3,471 41,652 Employee Benefits 636 7,632 Casual & Contract Labor 31 372 Payroll Taxes 295 3,540 Property Taxes 29 348 Insurances (Facility/Auto) 81 972 Utilities & Telephone 256 3,072 Repairs & Maintenance 126 1,512 Operations 246 2,952 Medical 94 1,128 Auto Repairs/Fuel 61 732 Food 436 5,232 Office Supplies 40 480 Licenses/Dues 16 192 Accounting & Professional Fees 102 1,224 Education & Training 15 180 Interest Expenses 25 300 Depreciation 339 4,068 Total $6,299 $75,588 Operating Reserves (Deficit) ($2, 391) ($28,692) n 2.4 The Ranch Recovery Centers, Inc. The Ranch -Mesa Vista Transition 2006/2007 Projected Budget INCOME MONTHLY ANNUALLY Full Pay $1,820 $21,840 SASCA-Designated 1,946 23,352 SASCA-Des/Day TX 2,613 31,356 SATCU-Outpatient 0 0 Anticipated Donations 0 0 Other Income 74 888 Refunds 0 0 Total $6,453 $77,436 EXPENSES Salaries (Staff & Management) 4,357 52,284 Employee Benefits 966 11,592 Casual & Contract Labor 39 468 Payroll Taxes 354 4,248 Property Taxes 23 276 Insurances (Facility/Auto) 404 4,848 Utilities & Telephone 1,693 20,316 Repairs & Maintenance 518 6,216 Operations 411 4,932 Auto Repairs/Fuel 348 4,176 Food 20 240 Office Supplies 166 1,992 Licenses/Dues 51 612 Accounting & Professional Fees 320 3,840 Education & Training 57 684 Interest Expenses 111 1,332 Depreciation 759 9,108 Total $10, 597 $127,164 Operating Reserves (Deficit) ($ ($49,728) cn„ 7 J The Ranch Recovery Centers, Inc. The Ranch -Residential Program 2006/2007 Projected Budget INCOME MONTHLY ANNUALLY Full Pay $22,800 $273,600 Partial Pay 7,630 91,560 County Contract -Resident . 5,953 71,436 County Contract -Drug Court 1,156 13,872 County Contract-Dual/Diag. 1,104 13,248 County Prop 36 9,040 108,480 Share of Cost 90 1,080 SASCA-Designated 12,875 154,500 Food Stamps 2,001 24,012 Anticipated Donations 0 0 Other Income 180 2,160 Refunds (650) (7,800) Total $62,179 $746,148 EXPENSES Salaries (Staff & Management) 29,133 349,596 Employee Benefits 5,942 71,304 Casual & Contract Labor 267 3,204 Payroll Taxes 2,313 27,756 Property Taxes 7 84 Insurances (Facility/Auto) 1,081 12,972 Utilities & Telephone 4,422 53,064 Repairs & Maintenance 2,306 27,672 Operations 3,119 37,428 Medical 683 8,196 Auto Repairs/Fuel 1,475 17,700 Food 6,154 73,848 Office Supplies 588 7,056 Licenses/Dues 194 2,328 Accounting & Professional Fees 638 7,656 Education & Training 212 2,544 Interest Expenses 341 4,092 Depreciation 4,860 58,320 Total $63,735 $764,820 Operating Reserves (Deficit) ($1,556) ($18,672) The Ranch Recovery Centers, Inc. The Ranch-Detox 2006/2007 Projected Budget INCOME MONTHLY ANNUALLY Full Pay $1,545 $18,540 Partial Pay 421 5,052 County Contract-Detox 2,511 30,132 County Prop 36 174 2,088 Share of Cost 38 450 Anticipated Donations 0 0 Other Income 13 156 Refunds (66) (780) Total $4,637 $55,638 EXPENSES Salaries (Staff & Management) 2,995 35,940 Employee Benefits 691 8,292 Casual & Contract Labor 20 240 Payroll Taxes 250 3,000 Property Taxes 1 12 Insurances (Facility/Auto) 81 972 Utilities & Telephone 320 3,840 Repairs & Maintenance 155 1,860 Operations 225 2,700 Medical 47 564 Auto Repairs/Fuel 102 1,224 Food 428 5,136 Office Supplies 42 504 Licenses/Dues 13 156 Accounting & Professional Fees 102 1,224 Education & Training 14 168 Interest Expenses 25 304 Depreciation 339 4,068 Total $5,850 $70,204 Operating Reserves (Deficit) ($1,214) ($14,566) 077 F. lei H. THE RANCH RECOVERY CENTERS, INC. NOTES TO FINANCIAL STATEMENTS June 30, 2005 LONG-TERM NOTES PAYABLE (Continued) The future maturities on long-term debt are as follows: For the years ending June 30, 2006 2007 2008 2009 2010 Total long-term debt CONCENTRATIONS OF CREDIT RISK $ 14,810 16,118 17,542 104,094 1,665 $ 154,229 At times throughout the year, the Organization may maintain certain bank accounts in excess of FDIC insured limits. At June 30, 2005, the Organization's uninsured cash balances totaled $310,434. CONCENTRATION VULNERABILITY The Organization receives approximately 31 % of its support and revenue from the County of Riverside Department of Mental Health under annual contracts. It is possible that these contracts could cease, which would have a significant impact on the Organization. The Organization does not expect that these contracts will be lost in the near term. EMPLOYEE BENEFIT PLAN The Organization has a profit sharing plan (the "plan"), established under the provisions of Section 401(k) of the Internal Revenue Code, which covers substantially all employees meeting the minimum age and service requirements. The plan provides for elective contributions by employees up to the, maximum limit allowed by the tax regulations. The Organization's contributions to the plan are discretionary. Eligible employees vest ratably in the plan over six years. The Organization's 401(k) expense for the year ending June 30, 2005 was $40,297. I A E. F. THE RANCH RECOVERY CENTERS, INC. NOTES TO FINANCIAL STATEMENTS June 30, 2005 PROMISES TO GIVE Promises to give as of June 30, 2005 consisted of the following: Contributions receivable expected to be collected in less than one year: $ 50,000 Uncollectible promises to give at June 30, 2005, are expected to be insignificant. Amounts due more than one year in the future have not been discounted to present value because the effect is insignificant. PROPERTY AND EQUIPMENT Property and equipment consisted of the following: Land Buildings Furniture, equipment and fixtures Vehicles Less: accumulated depreciation Construction in progress Total property and equipment Depreciation expense for the year ended June 30, 2005 was $120,897. LONG-TERM NOTES PAYABLE Long-term notes payable at June 30, 2005 consisted of the following: Note payable to Berger Foundation, secured by a deed of trust, interest only payments of $390 at 5.5% due in monthly installments through November 1, 2008 Note payable to Pacific Western Bank, secured by deed of trust, payable in monthly installments of approximately $2,000 at a variable rate through July 20, 2009 Less current portion Long-term portion 10 $ 420,873 1,595,636 475,364 312,673 2,804,546 (1,149,148) 1,655,398 350,669 $ 2�006,067 69,229 154,229 14,810 $ 139,419 2,7 9 THE RANCH RECOVERY CENTERS, INC. NOTES TO FINANCIAL STATEMENTS June 30, 2005 7. Property and Equipment (Continued) assets). If donors stipulate how long assets must be used, the contributions are recorded as restricted support. In the absence of such stipulations, contributions of property are recorded as unrestricted support. Depreciation is provided using the straight-line method over the estimated useful lives of the assets. The estimated useful lives for the various classes of assets are as follows: Buildings..............................................25 and 30 years Vehicles...........................................................5 years Furniture, equipment and fixtures ....... 5, 7, 10 and 15 years Betterments and improvements with a cost in excess of $500 and that extend the useful live of an asset are capitalized. Maintenance and repairs are charged to expense as incurred. 8. Functional Allocation of Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the Statement of Activities. Accordingly, certain costs have been allocated among the programs and supporting services benefited. 9. Income Taxes The Ranch Recovery Centers, Inc. is exempt from Federal Income Taxes under Section 501(c)(3) of the Internal Revenue Code and therefore has made no provision for Federal Income Taxes in the accompanying financial statements. In addition, The Ranch Recovery Centers, Inc. has been determined by the Internal Revenue Service not to be a "private foundation" within the meaning of Section 509(a) of the Internal Revenue Code. There was no unrelated business income for the fiscal year ending June 30, 2005. C. ACCOUNTS RECEIVABLE - COUNTY CONTRACTS RECEIVABLES As of June 30, 2005, accounts receivable from County contracts was consisted of: County of Riverside Department of Mental Health $63,500 �i THE RANCH RECOVERY CENTERS, INC. NOTES TO FINANCIAL STATEMENTS June 30, 2005 2. Temporarily Restricted Net Assets Temporarily Restricted Net Assets include gifts, unconditional promises to give, trusts and remainder interests, income, and gains which can be expended but for which restrictions have not yet been met. Such restrictions include restrictions where donors have specified the purpose for which the net assets are to be spent, or time limitations imposed by donors or implied by the nature of the gift (capital projects, unconditional promises to give to be paid in the future, life income funds). 3. Unrestricted Net Assets Unrestricted Net Assets are not subject to donor -imposed stipulations. Revenues are reported as increases in unrestricted net assets unless use of the related assets is limited by donor -imposed restrictions. Expenses are reported as decreases in unrestricted net assets. Gains and losses on investments and other assets or liabilities are reported as increases or decreases in unrestricted net assets unless explicit donor stipulations or law restricts their use. Expirations of temporary restrictions on net assets, that is, the donor -imposed stipulated purpose having been accomplished and/or the stipulated time period having elapsed, are reported as reclassifications between the applicable classes of net assets. 4. Cash Equivalents For purposes of the statement of cash flows, the Organization considers all highly liquid instruments with a maturity of three months or less to be cash equivalents. 5. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires the Organization to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 6. Contributed Services The Organization receives substantial contributed services in carrying out its activities. No amounts have been reflected in the financial statements for those services since they do not meet the criteria for recognition under SFAS No. 116. 7. Property and Equipment Land and buildings acquired prior to June 30, 1987 are recorded at appraised value. The recorded values of these assets are $6,000 and $494,446, respectively. Land, buildings and equipment acquired subsequent to June 30, 1987 are recorded at cost (or fair market value at the time of receipt for donated 8 '� THE RANCH RECOVERY CENTERS, INC. NOTES TO FINANCIAL STATEMENTS June 30, 2005 A. NATURE OF THE ORGANIZATION The Ranch Recovery Centers, Inc. (the Organization) was incorporated in the State of California on November 9, 1972 as a non --profit organization for the purpose of providing alcohol and drug rehabilitation facilities with detoxification, rehabilitation and aftercare counseling. The Organization operates three facilities located within the city of Desert Hot Springs, California that provide service for both private and government contracted clients. B. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 1. Basis of Presentation The accompanying financial statements have been prepared on the accrual basis. The Ranch Recovery Centers, Inc. has adopted Financial Accounting Standards Board Statements (FAS) No. 116, Accounting for Contributions Received and Made, No. 117, Financial Statements of Not -for -Profit Organizations, and No. 124, Accounting for Certain Investments Held by Not -for - Profit Organizations. FAS No. 117 establishes standards for external financial statements of not -for - profit organizations, including a statement of financial position, a statement of activities, a statement of functional expenses and a statement of cash flows. FAS No. 117 requires classification of net assets and revenues, expenses, gains and losses into three categories, based on the existence or absence of donor - imposed restrictions. The categories are permanently restricted, temporarily restricted, and unrestricted net assets. As permitted by FAS No. 117, donor - restricted gifts which are received and either spent or deemed spent within the same year are reported as unrestricted revenue. Gifts specified for the acquisition of long-lived assets are reported as unrestricted net assets when the assets are placed in service. FAS No. 116 requires that unconditional promises to give (pledges) be recorded as receivables and revenues and requires the organization to distinguish between contributions received for each net asset category in accordance with donor imposed restrictions. FAS No. 124 requires that investments in equity securities with readily determinable fair values and all investments in debt securities be measured at fair value in the statement of financial position. The Organization values investments at fair value, based on quoted market prices. In addition, gains and losses on investments are reported in the statement of activities as increases or decreases in unrestricted net assets unless their use is temporarily or permanently restricted by explicit donor stipulations or by law. 7 THE RANCH RECOVERY CENTERS, INC. STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2005 Cash flows from operations: Change in net assets Adjustments to reconcile change in net assets to net cash provided (used) by operating activities: Depreciation (Increase) in contracts receivable (Increase) in promises to give Decrease in other current assets Increase in accounts payable Increase in payroll and accrued liabilities Contributions restricted to acquisition of property and equipment Net cash used by operations Cash flows from investing activities: Decrease in cash restricted to purchase of long-term assets Acquisition of property and equipment Net cash used by investing activities Cash flows from financing activities: Net proceeds of long-term debt Contributions for acquisition of property and equipment Net cash provided by financing activities Net decrease in cash and cash equivalents Cash and cash equivalents at beginning of year l Cash and cash equivalents at end of year Supplemental disclosures of non -cash investing and financing activities: Income taxes paid Interest paid The accompanying notes are an integral part of these financial statements. 6 m LU ? V) O V) W N 4 WXM W z J Z v 0 d' P W > Z Z O M tit ULLQ� SOW qZ W U, W W 0 O LL O r O M tl- 0 to '-tO V' (D (t) n "Coma � W� O M w M t- O M t- Lo O N r to (D t- 0 0 w t•` N O O v r O N O It 0 0 n N M U) C) 0)0 N V' O) -7 co (D M N O cl (D r M M"It N "7 n O M a0 O) r N N st 00 M _ C n O M M `7 O O O N co N m 00 N co M M co 0) r— O co tU ^ O O et r N M r N r (D r r N 00 O N O X r r V' r co F- w va � C 0 0 00 CM 00 "t (co O O N N O M O O _ N M (d N COON cMM - Cl) co N N O O O C E N M PI- M Q ffl FR C) It O) v U') O (D r r CD co C)st C)M c0 M t- C,O r- n E w N O Cl) (0 N n (O f` O d' f` O N v O M r N M N c0 0 t- M r M a0 (O M N d to M • r M Cl! et O M c0 0 r N Cl O W 0 M O M co IO V O tl O D) O N co N O N aO M U) t0 0) t` O t, 0 0 '� coN M r N r r O r r N CO N N N F tl U) :V- O) O co O) M O M M 2 t- M n (D V 00 t-- O N 't O to U.)CO a0 0 t C) U) M (O O N (O ((') CO r M 0) C) to N O ccM cc M 0 00 00 (Q v D) r N M t� N M 14L M M `V C E .0 C0) w 0) N D O r M r Cl) N Cl) NM n NM (O co N N y O m v> � C C Or -I M v M M O O X C E O 0) v (D N � � O fA (n rn O O (D () E v v co M r- !6 tU (a _0 O N M (D M M LO N N a) o o v to � � 4 Or C)(ND OMi 0 M M M w M (O ac (D M CO (O O 't Cl) (O O r M n t` M O ti r O) r O) r N M r N O O N (O M 't (D O CO) co N r Qn) n O r ti U01, r r (ri o roi - (D (O co D) (D O n I to co N co M) (O L O 0 Di 0 LO r N w a0 O rn o u), c 0 .m •U ID a N C N O V O C tT _Q 'cc y f6 N C y —0O cn N C N 7 0 N y 4/ t0 (wO 'Oa U M co �w EN q C v_ Un C cN �xE m CLr vx1° f- o o cc a) E C`D U '6 Of 0EaaY Z Il T C N R a 0(D 4) N F= ONNai •�•• O_ ,w 3 4 M THE RANCH RECOVERY CENTERS, INC. STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2005 SUPPORT AND REVENUE: Support: Contributions General Total public support Revenue: Resident fees County of Riverside contracts Other contracts Food Stamps Interest Other income Net assets released from restrictions: Restrictions satisfied by payments Total revenue Total support and revenue EXPENSES: Program services: Men and women's program Men and women's detox Men and women's transition Total program services Support services. - General and administrative Total expenses Temporarily Unrestricted. Restricted Total $ 100,615 $ 356,924 $ 457,539 100,615 356,924 457,539 516,013 516,013 563,186 563,186 219,093 219,093 27,202 27,202 1,298 1,298 5,340 5,340 391,751 (391,751) 1,723,883 (391,751) 1,332,132 1,824,498 (34,827) 1,789,671 1,009,662 1,009,662 112,530 112,530 125,785 125,785 1,247,977 370,328 1,618,305 1,247,977 370,328 1,618,305 INCREASE (DECREASE) IN NET ASSETS 206,193 (34,827) 171,366 NET ASSETS, at beginning of year 1,847,449 293,644 2,141,093 Net assets, end of year $ 2,053,642 $ 258,817 $ 2,312,459 The accompanying notes are an integral part of these financial statements. 4 4 J THE RANCH RECOVERY CENTERS, INC. STATEMENT OF FINANCIAL POSITION JUNE 30, 2005 CURRENT ASSETS - Cash County contracts receivable Other contracts receivable Promises to give Cash restricted to purchase of long-term assets Other current assets Total current assets PROPERTY AND EQUIPMENT, Net TOTAL ASSETS CURRENT LIABILITIES Accounts payable Accrued expenses Current maturities of long-term debt Payroll related liabilities Total current liabilities LONG TERM LIABILITIES Notes payable Total liabilities NET ASSETS Unrestricted Temporarily restricted Total net assets TOTAL LIABILITIES AND NET ASSETS ASSETS LIABILITIES AND NET ASSETS 198,017 63,500 16,230 50,000 212,417 4,034 $ 79,349 2,838 14,810 1,390 The accompanying notes are an integral part of these financial statements. 2,053,642 258,817 544,198 2,006,067 $ 2,550,265 98,387 139,419 2,312,459 $ 2,550,265 3, (r 3 VICTORIA MAJORS JONES CERTIFIED PUBLIC ACCOUNTANT (858) A51-999A INDEPENDENT AUDITOR'S REPORT To the Board of Directors The Ranch Recovery Centers, Inc. Desert Hot Springs, California AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS I have audited the accompanying statement of financial position of The Ranch Recovery Centers, Inc. (a nonprofit organization) as of June 30, 2005, and the related statements of activities, functional expenses and cash flows for the year then ended. These financial statements are the responsibility of the Organization's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of The Ranch Recovery Centers, Inc. as of June 30, 2005, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. VICTORIA MAJORS JONES Certified Public Accountant San Diego, California September 29, 2005 2 16120 WEST BERNARDO DRIVE • SUITE A • SAN DIEGO, CA 92127 • FAX (858) A51-9995 THE RANCH RECOVERY CENTERS, INC. FINANCIAL STATEMENTS JUNE 30, 2005 TABLE OF CONTENTS Independent Auditor's Report.......................................................................................... 2 Financial Statements: Statement of Financial Position.................................................................................. 3 Statementof Activities................................................................................................ 4 Statement of Functional Expenses............................................................................. 5 Statementof Cash Flows........................................................................................... 6 Notes to Financial Statements................................................................................. 7-11 E Financial Statements The Ranch Recovery Centers, Inc. June 30, 2005 Victoria Majors Jones CERTIFIED PUBLIC ACCOUNTANT �33 gozy5 7=° CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: I N rv� A n E �e �pc S #b � ST ►r �s Amount Requested: . 00 t Contact Person: Carol %� Shoo - "Pr iv%c i nxt Mailing Address: l s- ov1 O A u G. 5 0 U City: La Qmi-A 'o, State: C A. Zip Code: 9JU53 501(c)3 Taxpayer I.D. Number: —be sp-A &r-a s, (us�%e 1 Date Submitted: Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc ____ 91 I 2 ac1t s �oNrafrt.C44;am.anI( � co A( no;iY4 mt .'PkaSe, COMMUNITY SERVICE GRANT APPLICATION (Must be typed) ucae+ AS neat, clever What is the overall purpose or goal of your Organization? fk '�y Tr wvn E tn� o►� A k w e +e.0 A4%tf S WhO WaLi ck a J�W+ r k� �o torti�v�t 'to tr�r%6% -4�t c%&crAcul km o4 +hNkir krmef 5 t w d�e�.'ts -4�4. rou► a,1r. +i ,a Mc Call LwDN Ac&4%A+ t 1Ed . I�n►a r a rv� T" � y� How long has your Organization been inexistence? $Years Months 3. Describe in general the activities or services of your Organization: Thy w tx r k i o e T r1 l^ar c' a,1 o t-+ or 1'.'1 in 4t r PAA*^ - Co,r M;nt S ah in +his ro FA^V% ' rct 4. How many people does your Organization currently serve? No. of Youth No. of .Adults A O No. of Seniors t4%-k1^Owh b SOM& S. How many people do you intend to serve during this Fiscal Year? No. of Youth 6 5 No. of Adults ZD No. of Seniors 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 6 5 No. of Adults O No. of Seniors 7. How many paid employees/volunteers does your Organization employ? Full time employees a Part time employees Volunteers o`1�Teac�cr5 8. Describe r' how your Organization is managed and governed: t ^+0,LV*.Ck +wo c wack56 �- 1h %kV%t •nth o o r rna-^tt S at' tit' Stw t �'S '}o o. Slit% Camel o 5.�+� o Can / c 3 {^01AWar CAC�n c�i t5.!` ovv.\ 1 rlS r�v c AS b kotkc-s per- C�&6s r-OOW4 SXommumi erviices ommunity services Grant O I Y SERVICES GRANT Applica on Fo1m 2 6.doc hA 0. rT S 15 . �� I► c S ' Cliv� 0A i stS C atk G b o r AST Q, *,^ 1es S �. ? (a vA S JrO C f e � o, -1 0� 0.` O'C I ^x ' e ss rwy1 S f K r ' ,J c Lks W 6 \ . 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone tkPCS -�r r Cduca*i��%It(-+or �Mt.COtIW,��e#.+(t ov% o I3ao 'FrY wm6 .A . CMAQ 'S CA r 91 is\nue {fir i t6 -MmAnAmE S L& 14 ►��'o� 10. What is your annual schedule of events, and during what months does your Organization operate? • afWMt�, w o r i1 i t\ (+ SW%4. t r Z w1, kS kn Paic�i ' re cc*% wt. JF61- his4 tar I stwa ws11 oa �'wo ivt ec o,-�r -ir MC aI 0.1 �}' S�t►n • (� 1eSSw\S (wor hq5 w'�11 ZCL. o, pie �ur►y. �4.1.� �•3wt Q6oc +a a&J% perX� 11. Do fees, dues, )< you charge admission, membership etc? Yes _ No If Yes please describe: NIA 12. What are your other sources of revenue for this funding year? Source C�Tu o� Zr9ki Total Needed Total Received Balance Amount S A ook; c ztt4i` 000100 PCr +C&C6 r) S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc 93 13. Amount of money requested from the City of La Quinta? $ 11� 00 14. Has your Organization been funded by the City of La Quinta previously? 1/' Yes No 15. Please provide the name and address of the bank in which the Organization's funds are kept: . j, I 1 n I ,. 1_ q VLS 3 16. Please provide the name and title of those individuals authorized to sign on the Organization's account )must provide at least two individuals): 17 18 Name: L_ZS 1 i L 5�-an.0 V-\ C0 r e 1 al S Title: A A d w�mh i 5 b-a.+ we- c a Ju.-, 4+' 4 1-04) Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and ff savings account. _ S a, i S 605ek Jr SWVArAMAo 64 Q N)MA CMe, a t,.v 'I-F �C ; n� i s a,P i r OM td Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. U MR& "T r C C �Ww SACom�'nity Services\Communi�rvices�rant\COMMUNITY SERVICES %RANTJ.J�lion Form 2006.doc 1 r ww� o w, S ao t ec ewt� o� o � oL � % 1i r u' S6k `�, Sc.�ao awo,r& �r A Qr��� 20�� - � `� 5ka-tA- &I tk` cx,4�-11 %r <<tkdLL& +i,L me-c4lu,", Aes+4e iC. ed, , ti . 9 r'oc► vs, , — Wt re. 'rr•,�crSSed . W W '` '�d ►ride,` ;s; 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. 3 T'k � ra AX 2. Al nA -L Gt Sr 4vJ..PALr \tMct J'1br- i,nvdwe� • w 20. Attach a copy of your Program Operating Budget for the current year.. OiA 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. Vic. aye d �� 0% nor. • P r air ;� 0 r aM� tat - S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc V9,1 Q, i_.L. n ,— n n a r r c THEATRE June 28, 2006 PALM DESERT, CALIFORNIA Mr. Robert Ambriz, Jr. Recreation Supervisor Community Services Grant City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Dear Mr. Ambriz: On behalf of McCallum Theatre, I am enclosing an application for a Community Services Grant for fiscal year 2006-2007. The purpose of the grant is to help fund the Field Trip Series of free live performances at the McCallum and at Coachella Valley school sites. It is estimated that 31,000 schoolchildren and their classroom teachers will be served through this program of McCallum Theatre Institute - the Theatre's education division. Thank you for your consideration of this request. I will be pleased to provide any additional information that will be helpful to your decision -making. Sincerely, teve S arp Director of Development SS:sh enclosures 73000 Fred Waring Drive, Palm Desert, CA 92260 • Ph: 760-346-6505 • Fax: 760-341-9508 • www.mccallumtheatre.com M W C7 N N w .. O a rl .{ U v oo a a p. Q p C a, o _1 N a r 4 W 7 b r McCA�1.t1M 0 o�z H CINCarm190 c� OF CITY OF LA QUINTA APPLICATION FOR COMMUNITY SERVICES GRANT FISCAL YEAR: 2006-07 Name of Organization: McCallum Theatre Amount Requested: $2,000 Contact Person: Steve Sharp Mailing Address: 73000 Fred Waring Drive City: Palm Desert State: CA Zip Code: 92260 501(c)3 Taxpayer I.D. Number: 95-2834871 Date Submitted: June 28, 2006 Applications will receive consideration without discrimination because of race, color, religion, sex, age, national origin or disability. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc COMMUNITY SERVICE GRANT APPLICATION (Must be typed) What is the overall purpose or goal of your Organization? To educate and entertain the public through the performing arts, with an emphasis on serving children and youth of the Coachella Valley. McCallum Theatre Institute, the education division of the McCallum, works cooperatively with other area arts and education organizations. 2. How long has your Organization been in existence? 33 Years 1 Month (Incorporated September, 1973; Theatre opened in January, 1988) 3. Describe in general the activities or services of your Organization: The McCallum is a presenting Theatre that provides a variety of performing arts experiences for communities and constituents served; and, through McCallum Theatre Institute, offers a wide range of free arts education and community outreach programs for children, youth, and adults. 4. How many people does your Organization currently serve? No. of Youth 34,000 No. of Adults 95,120 No. of Seniors 20,880 5. How many people do you intend to serve during this Fiscal Year? No. of Youth 34,000 No. of Adults 95,120 No. of Seniors 20,880 6. How many people served during this Fiscal Year will be La Quinta residents? No. of Youth 3,579 No. of Adults 8,747 No. of Seniors 1,906 7. How many paid employees/volunteers does your Organization employ? Full time employees: 35 Part time employees: 29 Volunteers: 425 8. Describe how your Organization is managed and governed: The McCallum is governed by a Board of Trustees, and managed by a President/CEO to whom five Directors report (Presentation/Theatre, Operations, Business Operations/Facilities, Education, Development and Marketing). S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc 9. Please provide information on your Executive Board members or contact person: Name Title Home Address Phone Ted Giatas President/CEO Indian Wells 346-6505 X100 Harold Matzner Chairman of the Palm Springs 320-7404 Board Kajsa Director of Palm Desert 346-6505 Thuresson-Frary Education X140 Steve Sharp Director of Palm Springs 346-6505 Development X102 10. What is your annual schedule of events, and during what months does your Organization operate? Public performances are scheduled from September through May. Activities of McCallum Theatre Institute are conducted throughout the school year, with summer programs held at the Theatre in June. 11. Do you charge admission, membership fees, dues, etc? X Yes No If Yes please describe: The Theatre charges admission to public performances. Arts education and community outreach activities such as the Field Trip Series offered by McCallum Theatre Institute are free of charge to participants. Participating public schools pay 18 percent of the Theatre's cost of offering this Aesthetic Education Program for teachers; schools also provide bus transportation for schoolchildren who attend free performances at the Theatre. 12. What are your other sources of revenue for this funding year? Source Amount (projected for August 1, 2006 — July 31, 2007) Anticipated contributions (individuals/foundations, businesses and municipals) $2,095,145 Anticipated ticket sales (Theatre rentals, front of house sales, investment income and marketing) $7,650,118 *See Attachment A for detailed expenses attributed to the Field Trip Series and other arts education programs of McCallum Theatre Institute. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc 13. Amount of money requested from the City of La Quinta? $2,000 14. Has your Organization been funded by the City of La Quinta previously? X Yes —No 15. Please provide the name and address of the bank in which the Organization's funds are kept: Rabobank, Palm Desert, CA 16. Please provide the name and title of those individuals authorized to sign on the Organization's account) must provide at least two individuals): Name: Title: Ted Giatas President/CEO H. Cameron Smith Director of Business Operations/Facilities 17. Please provide, as an attachment, copies of the last three months bank statements as well as the last year's December bank statement of the Organization's checking and savings account. (See Attachment B). 18. Need Statement: Clearly and plainly state the specific, detailed reason or need for the requested funds and how these funds will be used, if awarded. City of La Quinta funds are needed to help ensure the availability of 27 free Field Trip Series performances for 23,000 Coachella Valley schoolchildren in the 2006-2007 school year — including students from Truman Elementary School, Ben Franklin Elementary School, Adams School, La Quinta Middle School and La Quinta High School. For many students, visits to the McCallum are their only encounter with live performing arts, and serve as an introduction to other programs offered by McCallum Theatre Institute. The McCallum faculty of teaching artists provides study guide materials for classroom teachers who orient students for each performance, and facilitate post -performance classroom discussions and evaluations. (See Attachment Q. The $253,575 cost of providing the Field Trip Series is part of the $1,016,092 education division budget. S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc J `` 19. Goal Statement: Indicate who will benefit from the use of these funds, and how they will benefit. Primary beneficiaries of these funds are children and classroom teachers of Truman Elementary School, Ben Franklin Elementary School, Adams School, La Quinta Middle School, and La Quinta High School. Classroom teachers and their students attend live performances -at McCallum, with units of study provided by McCallum faculty to prepare students for the performance they attend, and to facilitate post -performance inquiries and evaluations conducted in the classroom. 20. Attach a copy of your Program Operating Budget for the current year. (See Attachment D). 21. Non-profit Organizations must attach a copy of the organization's current IRS Form 990. (See Attachment E). S:\Community Services\Community Services Grant\COMMUNITY SERVICES GRANT Application Form 2006.doc j �ti attachment A McCallum Theatre Institute FIELD TRIP SERIES '2006-2007 including The Touring Initative Expense Budget Artist Fees $162,850 (27 performances) Artist Lodging 7,310 Transportation 2,500 Front of House 4,550 (includes House Manager, Head Ushers, Ushers, support person/runner, artist's services) Stage Labor 37,500 Stage Door 2,240 Miscellaneous Performance Needs 4,500 (piano, risers, special lighting, special sound, special equipment rental, artists services) Utilities 14,000 (to open back of house) Maintenance and Clean-up 3,500 Teaching Artist Wages 2,400 (research and writing of "Learning Links" study guides) Advertising/Promotion/Communication 7,500 Miscellaneous Costs 4,725 (postage, telephone, materials) TOTAL $253,575 6/27/2006 �` t McCallum Theatre Institute PROGRAM EXPENSES 2006-2007 Administrative Salaries Benefits and Taxes Education Director (Full-time, exempt) Education Program Manager (Full-time, non-exempt) Education Program Coordinator (30 hours per week, non-exempt) Education Administrative Assistant (30 hours per week, non-exempt) Benefits and Taxes TOTAL OF ADMINISTRATIVE SALARIES, BENEFITS AND TAXES: $221,104 221,104 Aesthetic Education Program TEACHING ARTIST WAGES PROFESSIONAL DEVELOPMENT Lincoln Center Institute Workshops 3,360 McCallum Theatre Institute Workshops 6,720 Summer Session Workshops 5,040 TEACHING ARTIST WAGES SUMMER SESSION JUNE 2006 New Teacher Workshops 6,720 Returning Teacher Workshops 2,688 Full Faculty Initial Planning Sessions 1,440 New Teacher Workshop - Individual Planning 1,920 New Teacher Workshop - Team Planning 960 Returning Teacher Workshop Planning 1,920 TEACHING ARTIST WAGES IN SCHOOL SERVICES (86 teachers enrolled in 2006/2007 program) School Based Planning Sessions (65) 7,800 Teaching Artists Prep Wages 15,420 Residencies (1028) 65,000 Field Rep Observations of Classroom Instruction 3,150 TEACHING ARTIST WAGES OUTREACH WORKSHOPS Muses 100, Boys & Girls Club, National Facilitator Team $ Teaching Artist Mentoring Project 13,519 PERFORMING ARTIST FEES Professional Development/Outreach Workshops 4,000 Focus Works 80,000 (Theatre, Dance, Music, Visual Arts -12 Performances) 6/28/2006 ,.- McCallum Theatre Institute PROGRAM EXPENSES 2006-2007 MILEAGE REIMBURSEMENTS Teaching Artist Residency Planning Sessions 940 Classroom Residency Sessions - 3,762 Staff Field Observations/Site Meetings 1,000 TRAVEL Lincoln Center Institute Consultants 2,880 McCallum Theatre Institute Staff 5,200 Teaching Artist Mentoring Project Participation Professional Development for Teaching Artists 5,411 HOTEL Performing Artists Lodging 4,500 Lincoln Center Institute Consultants 1,920 McCallum Theatre Institute Staff 2,000 Teaching Artists 2,000 PRODUCTION Stage Labor 29,400 Stage Door 2,240 Front of House Staff 5,250 Miscellaneous Performance Needs 2,500 (Piano, risers, special lighting, special sound, special equipment rental, artists services) Utilities 14,000 (To open back of house) Maintenance and Clean -Up 7,000 Advertising/Promotion/Communication 10,000 (Design, printing, Web site) Educational/Artistic Consultant Fees 8,000 Teaching Supplies and Materials 8,000 Dues & Subscriptions 250 (Association of Institutes for Aesthetic Education, Teaching Artist Journal) Miscellaneous Costs 6,500 (Mailings, postage, resource materials, telephone, assessment forms, meals, photography, videography) TOTAL OF AESTHETIC EDUCATION PROGRAM: $342,410 n 612&2006 `� t^I McCallum Theatre Institute PROGRAM EXPENSES 2006-2007 Field Trip Series - Artist Fees 138,850 (27 Performances) Artist Lodging 7,310 Transportation 1,500 Front of House 4,550 (Includes house manager, headushers, ushers, support person/runner, artist's services) Stage Labor 35,000 Stage Door 2,240 Miscellaneous Performance Needs 4,500 (Piano, risers, special lighting, special sound, special equipment rental, artists services) Utilities 14,000 (To open back of house) Maintenance and Clean-up 3,500 Teaching Artist Wages 2,400 (Research and writing of "Learning Links" study guides) Advertising/Promotion/Communication 5,500 Miscellaneous Costs 3,000 (Postage, telephone, materials) TOTAL OF FIELD TRIP SERIES: $222,350 Imagination Station Teaching Artist Wages 5,600 Camp Counselor Wages 2,560 Stage Labor 3,000 Materials and Supplies 5,000 (Camp shirts, art supplies, building materials, costume materials, make-up materials, instruments and miscellaneous project supplies) Advertising/Promotion/Communication 1,250 Miscellaneous Costs 1,500 (Mailings, postage, telephone, meals) Utilities 10,600 TOTAL OF IMAGINATION STATION: $28,910 6/28/2006 J u McCallum Theatre Institute PROGRAM EXPENSES 2006-2007 Open Call - Theatre Rental (9 days) 11,250 Artistic Wages 7,000 (Director/choreographer, musical director, choreography assistant) Advertising/Promotion/Communication 7,000 (Contestant application forms, paid advertising, Web site) Cash Prizes For Winners 2,500 Stage Labor 22,000 Stage Door 1,120 Box Office Labor 600 Front Of House Staff 500 Utilities 9,000 Maintenance & Clean-up 2,250 Photographer/Videographer 1,250 Performance Program 2,500 Miscellaneous Costs/Performance Needs 10,500 (Postage, copying, piano tuning, equipment rental,) artist services, costumes, make-up, catering for judges, flowers for winners and emcee) TOTAL OF OPEN CALL: $77,470 Choreography Festival Wages - Artistic Director 8,099 Artist Fees 27,500 (Cash prizes for winners) Transportation 1,000 Hotel 1, 700 Stage Labor 19,000 Stage Door 480 Miscellaneous Performance Needs 3,500 Box Office Labor 600 Front Of House Staff 1,000 Utilities 2,000 (To open back of house) Maintenance & Clean-up 500 Advertising/Promotion/Communication 12,500 Miscellaneous Costs 5,750 (Phone, postage, materials, award flowers, photography, video, catering, event t-shirts) TOTAL CHOREOGRAPHY FESTIVAL: $83,629 j S 612812006 McCallum Theatre Institute PROGRAM EXPENSES 2006-2007 The Touring Initiative Artist Fees 24,000 Transportation 1,000 Advertising/Promotion/Communication 2,000 Stage Labor 2,500 Miscellaneous Costs 2,225 (Phone, postage, performance needs) TOTAL OF THE TOURING INITIATIVE: $31,725 Other Community Outreach Activities and Events Workshops & Master Classes 5,500 Education Tours 2,644 (Tour guide wages including benefits & taxes) Dues & Subscription 350 TOTAL OF OTHER COMMUNITY OUTREACH ACTIVITIES AND EVENTS: $8,494 GRAND TOTAL 1,016,092 612812006 attachment B Raboba( ALA. Rabobank Last statement: February 28, 2006 This statement: March 31, 2006 Total days in statement period: 31 _ FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE OPERATING 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice. See reverse side for important information Page 1 of 35 0007509359 (249) VO ��` Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WERE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Commercial Checking Account Account number 0007509359 Enclosures 249 Avg collected balance $213,799.00 CHECKS Number Date Amount 46885 03-01 1,250.00 47033 * 03-31 20.00 47345 * 03-09 14.58 47363 * 03-10 40.00 47368 * 03-21 60.00 47374 * 03-14 40.00 47386 * 03-13 60.00 47388 * 03-03 40.00 47513 * 03-07 4,1 10.00 47546 * 03-08 278.00 47547 03-01 300.00 47554 * 03-02 743.48 47571 * 03-09 54.96 47575 * 03-06 25,000.00 47595 * 03-07 325.00 Beginning balance $538,708.63 Total additions 1,454,820.36 Total subtractions 1,680,033.06 Ending balance $313,495.93 Number Date Amount 47603 * 03-06 5,016.02 47617 * 03-02 136.79 47618 03-06 1,101.68 47621 * 03-07 300.17 47622 03-06 2,652.67 47627 * 03-06 1,761.90 47628 03-06 158.00 47630 * 03-02 10.00 47632 * 03-01 159.00 47637 * 03-02 1,226.63 47641 * 03-06 726.68 47649 * 03-02 6,000.00 47651 * 03-01 400.00 47652 03-07 2,580.00 47653 03-08 46.28 RE Rabobd V.A. Notice: See reverse side for important informatior V\- NO Rabobank Page 2 of 35 �O FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 0007509359 Number Date Amount Number Date Amount 47654 03-06 150.00 47726 03-16 6,250.00 47657 * 03-01 233.20 47727 03-13 3,060.00 47660 * 03-09 150.00 47728 03-09 1,032.93 47663 * 03-03 10,482.03 47729 03-10 40,000.00 47664 03-01 70.54 -47730 03-20 _ 4,915.00 47665 03-02 180.00 47731 03-06 4,701.67 47666 03-22 245.00 47732 03-27 20,000.00 47669 * 03-01 40.00 47733 03-13 55.92 47670 03-06 106.00 47734 03-10 25.00 47672 * 03-01 250.00 47735 03- 10 34.83 47678 * 03-02 38.13 47736 03-13 ___.__ 228.54 47680 * 03-02 2,500.00 47737 03-10 24,500.00 47681 03-02 25.00 47738 03-09 915.88 47682 03-01 268.80 47739 03-13 153.42 47683 03-01 129,000.00 47740 03- 15 300.00 47684 03-01 540.64 47741 03-13 113.72 47686 * 03-06 332.95 47742 03- 10 445.81 47687 03-01 275.94 47743 03- 10 2,731.47 47688 03-03 1,651.96 47744 03-09 2,876.00 47689 03-06 1,293.00 47745 -03-07 20.46 47690 03-01 20,000.00 47746 03-13 77.00 47691 03-08 7,500.00 47747 03- 1 7 15.56 47692 03-07 132.61 47748 03-09 3,625.25 47695 * 03-06 1,438.46 47749 03-09 1,402.50 47696 03-01 637.50 47750 03-09 769.25 47697 03-02 908.00 47751 03- 13 4,547.50 47698 03-06 120.00 47752 03-07 53.00 47700 * 03-07 50,000.00 47753 03-10 184.62 47704 * 03-06 150.85 47754 03- 10 275.00 47705 03-03 1,140.00 47755 03-31 2,951.69 47707 * 03-06 1,039.56 47756 03-08 928.29 47708 03-01 35.00 47757 03-09 422.50 47710 * 03- 15 700.00 47758 03- 10 302.78 47711 03-02 69.39 47759 03-23 200.00 47712 03-02 1,061.10 47760 03-09 428.22 47713 03-07 35,000.00 47761 03- 16 538.75 47714 03-07 15,298.00 47763 * 03-14 230.00 47715 03-08 194.32 47764 03-24 1,185.00 47716 03-09 2,008.73 47765 03-10 48.49 47717 03-10 200.14 47766 03-09 288.00 47718 03-23 7,839.23 47767 03-23 387.66 47719 03-03 1,500.00 47768 03-17 952.67 47720 03-14 1,410.07 47769 03-13 124.38 47721 03-02 220.00 47770 03-15 505.00 47722 03-10 100.00 47771 03-14 110.83 47723 03-09 1,279.69 47772 03-09 1,037.43 47724 03-09 4,356.69 47773 03-08 104,760.00 47725 03-09 144.98 47774 03-09 496.56 Fq Rabobai J.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Number Date Amount 47775 03-09 100.00 47776 03-09 348.78 47777 03-14 544.98 47778 03- 14 6,250.00 47779 03-09 240.00 47780 03-07 180.00 47781 03-28 346.20 47782 03-07 300.00 47783 03-15 150.00 47784 03-09 850.00 47785 03-09 5,150.00 47786 03-08 43,461.34 47787 03-08 5,683.85 47788 03-20 300.69 47789 03-20 1,870.00 47790 03-16 1,192.19 47791 03-22 35.60 47792 03-16 268.80 47793 03-21 2,970.75 47794 03-21 4,500.00 47795 03-16 47.75 47796 03-21 77.49 47797 03-16 8.00 47798 03-21 2,000.00 47799 03-16 202.00 47800 03-15 99.36 47801 03-15 60.48 47802 03-15 863.28 47803 03-16 122.40 47804 03-20 28.82 47805 03-17 167.18 47806 03-21 673.44 47807 03-20 2,304.14 47808 03-20 459.81 47809 03-23 8,083.15 47810 03-17 929.25 47811 03-22 8,640.00 47812 03-15 215.12 47813 03-20 318.75 47814 03-20 1,508.75 47815 03-17 420.00 47816 03-27 2,741.25 47817 03- 1 7 1,100.00 47818 03- 1 6 5,154.87 47819 03-15 102.00 47820 03-17 275.00 47821 03-16 456.57 47822 03-17 582.82 Notice. See reverse side for important informatior J Page 3 of 35 VO \0 0007509359 Number Date Amount 47823 03-20 53.88 47824 03-16 507.00 47825 03-21 2,065.50 47826 03- 16 2,555.00 47827 03-20 40.00 47828 03-21 250.00 47829 03-20 1,534.00 47830 03-16 841.00 47831 03-17 963.48 47832 03-24 83,700.00 47833 03-20 735.00 47834 03-22 2,800.00 47836 * 03-20 122.87 47837 03-14 3,000.00 47839 * 03-24 64.95 47840 03-20 1,092.42 47841 03- 16 14,287.09 47842 03-23 120.00 47843 03-17 60.00 47844. 03- 17 35.00 47845 03-21 22,500.00 47846 03-21 10,149.13 47847 03- 17 21,500.00 47848 03-27 433.72 47849 03-29 40.38 47850 03-22 570.00 47851 03-22 1,225.00 47852 03-27 135.00 47853 03-24 6,782.69 47854 03-31 4.01 47855 03-27 129.86 47856 03-24 43,598.25 47857 03-24 561.94 47858 03-28 606.88 47859 03-23 19,074.72 47860 03-24 130.05 47861 03-23 2,636.00 47862 03-24 38.44 47864 * 03-23 1,691.50 47865 03-31 245.00 47866 03-29 220,900.00 47868 * 03-31 4,155.00 47869 03-23 25,000.00 47870 03-28 264.80 47871 03-22 429.00 47873 * 03-29 2,643.00 47874 03-21 15,000.00 47875 03-27 19,096.00 Raboba V.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Number Date Amount 47876 03-23 18.63 47877 03-21 4,966.64 47879 * 03-23 102.00 47880 03-29 9,400.00 47884 * 03-31 1,482.25 47889 * 03-30 268.80 47895 * 03-31 453.44 47898 * 03-31 4,760.96 47899 03-31 2,000.00 47900 03-30 244.81 47902 * 03-31 _ 1,050.00 47904 * 03-31 1,961.09 47906 * 03-31 499.22 47907 03-31 3,286.37 DEBITS Date Description 03-01 ' Telephone Transfer TO ACC 00007509340 03-03 ' ACH Debit MERCHANT BNKCD FEE 060303 434218835883 03-06 ' ACH Debit AMERICAN EXPRESS AXP DISCNT 060306 5048267843 03-10 ' ACH Debit PAYCHEX-HRS HRS PMT 060310 Notice: See reverse side fori�ontinformatior Page 4 of 35 V 0007509359 Number Date Amount 47914 * 03-30 54.81. 47916 * 03-27 452.88 47924 * 03-29 1,500.00 47925 03-31 275.00 47926 03-31 440.19 47927 03-31 909.04 47929 * 03-31 895.70 47930 03-29 400.00 47932 * 03-31 2,867.61 47936 * 03-30 3,051.50 47938 * 03-31 ?,4.7 34 100160 * 03-23 1 15.98 } 100161 03-24 650.001 * Skip in check sequence Subtractions / 122,435.00 ✓ 16,331.84 2,251.36 \ 170.25/ 7320202 117,230.00 03- 15 Telephone Transfer TO ACC 00007509340 03-29 Telephone Transfer 136,370.00 TO ACC 00007509340 CREDITS Date Description Additions 03-01 ACH Credit 26,549.00 MERCHANT 8NKCD DEPOSIT 060301 434218835883 03-01 Deposit 2,770.00 03-01 Deposit 1,845.00 03-01 ACH Credit 1,490.00 AMERICAN EXPRESS SETTLEMENT 060301 ACCOUNTING 03-01 Deposit 335.34 03-01 Deposit 274.00 3 �z J14 Q Raboba(LA. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Date Description 03-02 ACH Credit TICKETS.COM INC SETTLEMENT 060302 FRIENDS OTC Notice: See reverse side for important informatior Page 5 of 35 V 0007509359 Additions 16,962.21 03-02 ACH Credit 12,388.00 MERCHANT BNKCD DEPOSIT 060302 434218835883 03-02 Deposit 3,600.00 03-02 Deposit 915.00 809.98 03-02 ACH Credit DISCOVER NETWORK SETTLEMENT 060302 601101752157287 _.___- 03-02 Deposit 263.00 03-03 Deposit 25,444.56 03-03 ACH Credit 16,680.00 MERCHANT BNKCD DEPOSIT 060303 ' 434218835883 03-03 ACH Credit 5,795.00 AMERICAN EXPRESS SETTLEMENT 060303 ACCOUNTING - 03-03 ACH Credit 3,300.00 MERCHANT BNKCD DEPOSIT 060303 434218835883 03-03 Deposit 609.36 03-03 Deposit 265.00 03-03 Deposit 221.00 03-03 ACH Credit 45.00 DISCOVER NETWORK SETTLEMENT 060303 601101752157287 03-06 ACH Credit 11,399.00 MERCHANT BNKCD DEPOSIT 060306 434218835883 03-06 Deposit 6,375.43 03-06 ACH Credit 5,913.33 AMERICAN EXPRESS SETTLEMENT 060306 ACCOUNTING 03-06 ACH Credit 4,085.00 AMERICAN EXPRESS SETTLEMENT 060306 ACCOUNTING 03-06 Deposit 836.00 03-06 Deposit 794.00 03-06 Deposit 550.00 03-06 Deposit 205.00 03-06 ACH Credit 175.00 DISCOVER NETWORK SETTLEMENT 060306 601101752157287 03-07 Deposit 03-07 Deposit 14,456.50 11,103.24 i J i J Rabobatf J.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Date Description 03-07 ' ACH Credit MERCHANT BNKCD DEPOSIT 060307 434218835883 Notice: See reverse side for important informatio, �V Page 6 of 35 cO�� V 0007509359 Additions 03-07 ACH Credit 9,969.00 MERCHANT BNKCD DEPOSIT 060307 , 434218835883 03-07 ACH Credit 4,209.00 MERCHANT BNKCD DEPOSIT 060307 434218835883 03-07 ACH Credit 3,830.00 AMERICAN EXPRESS SETTLEMENT 060307 ACCOUNTING 03-07 ACH Credit 3,275.00 MERCHANT BNKCD DEPOSIT 060307 434218835883 03-07 Deposit 855.75 03-07 Deposit 850.00 03-07 Deposit 575.00 03-07 Deposit 573.00 03-07 Deposit 410.00 03-07 Deposit 400.00 03-07 Deposit 360.00 03-07 ACH Credit 320.00 DISCOVER NETWORK SETTLEMENT 060307 601101752157287 03-07 ACH Credit 235.00 DISCOVER NETWORK SETTLEMENT 060307 601101752157287 03-07 ACH Credit 200.00 MERCHANT BNKCD DEPOSIT 060307 434218835883 03-07 ACH Credit 95.00 DISCOVER NETWORK SETTLEMENT 060307 - 601101752157287 03-07 Deposit Adj—Credit 90.00 03-08 ACH Credit 14,690.00 MERCHANT BNKCD DEPOSIT 060308 434218835883 03-08 Deposit 6,482.90 03-08 Deposit 6,077.65 03-08 ACH Credit 2,700.00 MERCHANT BNKCD DEPOSIT 060308 43421BB35883 03-08 ACH Credit 980.00 AMERICAN EXPRESS SETTLEMENT 060308 ACCOUNTING 03-08 ' Deposit Rabobal V.A. Rabobank Page 7 of 35 FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Date Description 03-08 ' ACH Credit DISCOVER NETWORK SETTLEMENT 060308 601101752157287 Notice: See reverse side for important informatior V 0007509359 Additions 460.00 03-08 Deposit 243.00 03-08 ACH Credit 154.58 MERCHANT BNKCD DEPOSIT 060308 434218835883 03-09 ACH Credit 20,035.18 TICKETS.COM INC SETTLEMENT 060309 FRIENDS OTC 03-09 ACH Credit 9,508.00 MERCHANT BNKCD DEPOSIT 060309 434218835883 03-09 Deposit 2,705.77 03-09 Deposit 1,335.00 03-09 ACH Credit 845.00 DISCOVER NETWORK SETTLEMENT 060309 601101752157287 03-09 ACH Credit 690.00 AMERICAN EXPRESS SETTLEMENT 060309 ACCOUNTING 03-09 Deposit 635.00 03-09 Deposit 405.00 03-09 Deposit 245.00 03-09 Deposit 236.00 03- 10 ACH Credit 9,036.00 MERCHANT BNKCD DEPOSIT 060310 434218835883 03- 10 ACH Credit 3,31 1.34 AMERICAN EXPRESS SETTLEMENT 060310 ACCOUNTING 03-10 Deposit 1,062.00 03-10 ACH Credit 1,000.00 MERCHANT BNKCD DEPOSIT 060310 434218835883 03-10 ACH Credit 627.89 MERCHANT BNKCD DEPOSIT 060310 434218835883 03-10 ACH Credit 600.00 MERCHANT BNKCD DEPOSIT 060310 434218835883 03- 10 Deposit 475.00 03- 10 ACH Credit 410.00 DISCOVER NETWORK SETTLEMENT 060310 601101752157287 03-10 Deposit 90.00 pq RabobatV.A. FRIENDS OF THE CULTURAL -CENTER INC. March 31, 2006 Date Description 03— 13 ' ACH Credit MERCHANT BNKCD DEPOSIT 060313 434218835883 Notice. See reverse side for important information \O� Page 8 of 35 0007509359 Additions 13,084.00 03-13 ACH Credit 8,060.00 AMERICAN EXPRESS SETTLEMENT 060313 ACCOUNTING 03-13 Deposit 5,190.00 03-13 ACH Credit 4,448.00 AMERICAN EXPRESS SETTLEMENT 060313 ACCOUNTING 03-13 Deposit 1,517.50 03-13 Deposit 650.00 03-13 Deposit 380.00 03-13 Deposit 260.00 03— 13 Deposit 249.12 03— 13 Deposit 200.00 03-13 Deposit 160.00 03-13 Deposit 158.00 03-14 Deposit 44,300.00 03-14 ACH Credit 36,1 19.00 MERCHANT BNKCD DEPOSIT 060314 434218835883 03-14 ACH Credit 8,690.88 AMERICAN EXPRESS SETTLEMENT 060314 ACCOUNTING 03— 14 ACH Credit 8,578.00 MERCHANT BNKCD DEPOSIT 060314 434218835883 03-14 ACH Credit 5,550.00 MERCHANT BNKCD DEPOSIT 060314 434218835883 03— 14 ACH Credit 4,750.00 MERCHANT BNKCD DEPOSIT 060314 434218835883 03— 14 Deposit 1,980.00 03-14 ACH Credit 625.00 DISCOVER NETWORK SETTLEMENT 060314 601101752157267 03— 14 ACH Credit 615.00 DISCOVER NETWORK SETTLEMENT 060314 601101752157287 03-14 ACH Credit 329.60 MERCHANT BNKCD DEPOSIT 060314 434218835883 03— 14 Deposit 198.00 03-14 Deposit 181.00 Rabobat, LA. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Date Description 03- 14 ACH Credit DISCOVER NETWORK SETTLEMENT 060314 601101752157287 03- 15 ACH Credit MERCHANT BNKCD DEPOSIT 060315 434218835883 03-15 Deposit 03- 15 ACH Credit AMERICAN EXPRESS SETTLEMENT 060315 ACCOUNTING - Notice: See reverse side for im o an mformafior V� `O� Page 9 of 35�� 0 0007509359 Additions 135.00 25,910.00 15,827.63 2,255.00 03-15 Deposit 910.00 03-15 Deposit 412.00 03-15 Deposit 378.14 03-15 ACH Credit 360.00 DISCOVER NETWORK SETTLEMENT 060315 601101752157287 03-16 Deposit 32,403.00 03-16 ACH Credit 30,354.71 TICKETS.COM INC SETTLEMENT 060316 FRIENDS OTC 03-16 ACH Credit 13,855.00 MERCHANT BNKCD DEPOSIT 060316 434218835883 03-16 ACH Credit 895.00 DISCOVER NETWORK SETTLEMENT 060316 601101752157287 03- 16 Deposit 844.42 03- 16 Deposit 461.00 03-16 ACH Credit 450.00 AMERICAN EXPRESS SETTLEMENT 060316 ACCOUNTING 03- 17 ACH Credit 9,384.00 MERCHANT BNKCD DEPOSIT 060317 434218835883 03- 17 ACH Credit 2,328.00 AMERICAN EXPRESS SETTLEMENT 060317 ACCOUNTING 03- 17 Deposit 1,700.00 03-17 Deposit 1,099.93 03-17 Deposit 415.00 03- 17 ACH Credit 215.00 DISCOVER NETWORK SETTLEMENT 060317 601101752157287 03- 1 7 Deposit 46.00 03-20 ' ACH Credit MERCHANT BNKCD DEPOSIT 060320 434218835883 10,466.00 Raboba( LA. I Notice. See reverse side for importantinformatiol Rabobank Page 10 35 of FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 - 0007509359 Date Description Additions 03-20 ACH Credit 7,267.97 AMERICAN EXPRESS SETTLEMENT 060320 ACCOUNTING 03-20 ACH Credit 2,190.00 AMERICAN EXPRESS SETTLEMENT 060320 ACCOUNTING 03-20 ACH Credit 1,600.00 MERCHANT BNKCD DEPOSIT 060320 434218835883 03-20 Deposit 1,170.00 03-20 Deposit _ _ 452.00 03-20 Deposit 425.00 03-20 Deposit 346.00 03-20 Deposit 330.00 03-20 ACH Credit 311.07 MERCHANT BNKCD DEPOSIT 060320 434218835883 03-20 Deposit 287.44 03-20 Deposit 170.00 03-20 Deposit 160.00 03-20 ACH Credit 100.00 MERCHANT BNKCD DEPOSIT 060320 434218835883 03-20 Deposit 30.00 03-21 ` ACH Credit 18,830.00 MERCHANT BNKCD DEPOSIT 060321 434218835883 03-21 ACH Credit 9,870.00 MERCHANT BNKCD DEPOSIT 060321 434218835883 03-21 Deposit 9,819.41 03-21 ACH Credit 4,985.00 MERCHANT BNKCD DEPOSIT 060321 434218835883 03-21 ACH Credit 4,040.00 AMERICAN EXPRESS SETTLEMENT 060321 ACCOUNTING 03-21 ACH Credit 1,325.00 MERCHANT BNKCD DEPOSIT 060321 434218835883 03-21 Deposit 520.00 03-21 ACH Credit 445.00 DISCOVER NETWORK SETTLEMENT 060321 601101752157287 03-21 ACH Credit 305.00 DISCOVER NETWORK SETTLEMENT 060321 601101752157287 Yo .� L Rabobaifr I.A. Rabobank j` FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 - Date Description Notice: See reverse side for i t information \O� VO Page 11 of 35 0007509359 Additions 295.00 03-22 ACH Credit 17,803.00 MERCHANT BNKCD DEPOSIT 060322 434218835683 03-22 Deposit 12,150.00 03-22 ACH Credit 1,970.00 AMERICAN EXPRESS SETTLEMENT 060322 ACCOUNTING 03-22 Deposit — ____ 990.00 03-22 Deposit 903.19 03-22 ACH Credit 560.00 DISCOVER NETWORK SETTLEMENT 060322 601101752157287 03-22 ACH Credit 550.00 MERCHANT BNKCD DEPOSIT 060322 434218835883 03-23 ACH Credit 25,571.40 TICKETS.COM INC SETTLEMENT 060323 FRIENDS OTC 03-23 ACH Credit 17,467.50 MERCHANT BNKCD DEPOSIT 060323 434218835883 03-23 ACH Credit _ 2,500.00 MERCHANT BNKCD DEPOSIT 060323 434218835883 825.78 03-23 Deposit 03-23 ACH Credit 810.00 DISCOVER NETWORK SETTLEMENT 060323 601101752157287 03-23 ACH Credit 700.00 AMERICANS EXPRESS SETTLEMENT 060323 ACCOUNTING 03-23 Deposit 403.00 03-23 Deposit 338.00 03-23 Deposit 330.00 03-24 ACH Credit 16,368.00 MERCHANT BNKCD DEPOSIT 060324 434218835883 03-24 'Deposit 13,500.00 03-24 Deposit 4,745.00 03-24 ACH Credit 3,015.00 AMERICAN EXPRESS SETTLEMENT 060324 ACCOUNTING 03-24 Deposit 03-24 Deposit buu.uu u/ f J �. Rabobal LA. Rabobank r FRIENDS OF THE CULTURAL -CENTER INC. March 31, 2006 Date Description 03-24 ' ACH Credit DISCOVER NETWORK SETTLEMENT 060324 601107752157267 Notice: See reverse side for rtant informatior Page 12 of 35 0007509359 Additions 395.00 03-24 Deposit 333.00 03-24 ACH Credit 300.00 MERCHANT BNKCD DEPOSIT 060324 434218835883 03-27 ACH Credit 16,594.00 AMERICAN EXPRESS SETTLEMENT 060327 ACCOUNTING 03-27 ACH Credit 9,758.00 MERCHANT BNKCD DEPOSIT 060327 434218835883 03-27 ACH Credit 3,262.94 AMERICAN EXPRESS SETTLEMENT 060327 ACCOUNTING 03-27 Deposit 1,295.00 03-27 Deposit 697.00 03-27 ' Deposit 623.00 03-27 Deposit 610.00 03-27 ACH Credit 575.00 DISCOVER NETWORK SETTLEMENT 060327 601101752157287 03-27 Deposit 485.00 03-27 Deposit 368.00 03-28 Telephone Transfer 500,000.00 FR ACC 00007602235 03-28 ACH Credit 11,901.00 MERCHANT BNKCD DEPOSIT 060328 434218635863 03-28 Deposit 10,655.26 03-28 ACH Credit 8,510.00 MERCHANT 8NKCD DEPOSIT 060328 434218835883 03-28 ' ACH Credit 8,000.00 MERCHANT BNKCD DEPOSIT 06032E 434218835883 03-28 ACH Credit 4,105.00 AMERICAN EXPRESS SETTLEMENT 060328 ACCOUNTING 03-28 ' ACH Credit 2,400.00 MERCHANT BNKCO DEPOSIT 060328 434218835883 03-28 ' ACH Credit DISCOVER NETWORK SETTLEMENT 060328 601101752157287 Raboba ` V.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 Date Description 03-28 ACH Credit DISCOVER NETWORK SETTLEMENT 060326 601101752157287 03-28 ' ACH Credit MERCHANT BNKCD DEPOSIT 060328 , 434218835883 Notice: See reverses idefor` hwortantinformatior 01 Page 13 of 35 VO 0007509359 Additions 730.00 631.93 03-28 Deposit 543.00 03-28 Deposit 424.00 03-28 ACH Credit 190.00 DISCOVER NETWORK SETTLEMENT 060328 601101752157287 03-28 Deposit 68.99 03-29 ACH Credit 9,942.00 MERCHANT BNKCD DEPOSIT 060329 434218835883 03-29 Deposit 2,590.00 03-29 Deposit 2,200.00 03-29 Deposit 1,600.00 03-29 ACH Credit 1,580.00 AMERICAN EXPRESS SETTLEMENT 060329 - ACCOUNTING 03-29 Deposit 535.00 03-29 Deposit 71.00 03-30 ' ACH Credit 20,434.52 TICKETS.COM INC SETTLEMENT 060330 FRIENDS OTC 03-30 ' ACH Credit 6,1 15.00 MERCHANT BNKCD DEPOSIT 060330 434218835883 03-30 Deposit 3,300.00 03-30 Deposit 825.00 03-30 ACH Credit 630.00 AMERICAN EXPRESS SETTLEMENT 060330 ACCOUNTING 03-30 ACH Credit 510.00 DISCOVER NETWORK SETTLEMENT 060330 601101752157287 03-30 ACH Credit 489.92 MERCHANT BNKCD DEPOSIT 060330 434218835883 03-31 Deposit 11,409.85 03-31 ACH Credit 8,143.00 MERCHANT BNKCD DEPOSIT 060331 434218835883 03-31 ACH Credit 6,300.00 MERCHANT BNKCD DEPOSIT 060331 434218835883 Rabobai LA. Notice: See reverse side for important informatior Rabobank �O Page 14 of 35 V FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 0007509359 Date Description Additions 03-31 ACH Credit 5,170.00 AMERICAN EXPRESS SETTLEMENT060331 ACCOUNTING 03-31 Deposit 1,200.00 03-31 Deposit 1,000.00 03-31 Deposit 812.00 03-31 Deposit 477.06 03-31 Deposit 296.00 03-31 Deposit 283.00� 03-31 ACH Credit 225.00 DISCOVER NETWORK SETTLEMENT 060331 i �r 601101752157287 `t,X 03-31 Deposit Adj-Credit 2.00 q I DAILY BALANCES Date Amount 02-28 538,708.63 03-01 296,076.35 03-02 317,896.02 03-03 339, 1 10.1 1 03-06 321,442.07 03-07 275,018.32 03-08 144,643.57 03-09 153,290.59 Date Amount 03-10 100,844.43 03-13 126,780.57 03-14 227,246. 17 03- 15 153,073.70 03-16 199,905.41 03-17 188,092.38 03-20 198,1 13.73 03-21 183,335. 19 Date Amount 03-22 204,316.78 03-23 187,993.59 03-24 91,737.26 03-27 83,016.49 03-28 630,732.79 03-29 277,997.41 03-30 306,681.93 03-3 1 313.495.93 Thank you for banking with Rabobank J Q Rabobar "'I.A. Rabobank Last statement: March 31, 2006 This statement: April 28, 2006 Total days in statement period: 28 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE OPERATING 73000 FRED WARING DR PALM DESERT CA 92260-2800 1 Notice: See reverse side for important information Page 1 of 33 0007509359 ( 249 ) VO Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Commercial Checking Account Account number Enclosures Avg collected balance 0007509359 Beginning balance 249 Total additions $178,837.00 Total subtractions Ending balance CHECKS Number Date Amount 47101 04-27 50.00 47667 * 04-10 325.00 47693 * 04-03 7-15.26 47835 * 04-03 12,500.00 47838 * 04-03 75.00 47863 * 04-03 510.00 47867 * 04-1 1 5,220.00 47878 * 04-04 5,000.00 47882 * 04-03 100.00 47883 04-03 395.65 47885 * 04-03 863.21 47886 04-03 1,042.11 47887 04-03 40.06 47888 04-06 25.00 47890 * 04-06 442.00 P $313,495.93 1,670,928.33 1,827,181.68 $157,242.58 Number Date Amount 47891 04-03 478.51 47892 04- 18 1,850.00 47893__ 47894 _ 04-06 04-21 1,641.40 1,244.51 47896 * 04-05 430.60 47897 04-03 90.99 47901 * 04-17 200.00 47903 * 04-05 244.59 47905 * 04-03 140.88 47908 * 04-06 6,061.50 47909 04- 10 10,359.00 47910 04-06 796.65 47911 04-12 325.00 47912 04-24 280.00 47913 04-04 100.00 RaboW f Y.A. Notice, See reverse side for impor%t informotior Rabobank Page 2 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 - 0007509359 Number Date Amount Number Date Amount 47915 * 04-03 599.25 47981 04- 1 1 253.50 47917 * 04-05 1,438.46 47982 04-13 4,560.00 47918 04- 1 1 3,060.00 47983 04- 1 1 1,515.25 47919 04-05 50.00 47984 04- 12 1,135.49 47920 04-18 240.40 47985 04-27 380.15 47921 04-03 112.00 47986 04-21 312.34 47922 04-12 210.00 47987 04- 19 7,467.93 47923 04-20 38.79 47988 04-12 150.00 47928 * 04-05 40.00 47989 04- 12 82.47 47931 * 04- 10 77.65 47990 04- 12 1,000.22 47933 * 04-04 971.85 47991 04-10 228.77 47934 04-03 735.00 47992 04-06 17,500.00 47935 04-06 374.95 47993 04-06 25,000.00 47937 * 04-13 160.00 47994 04- 1 1 25,000.00 47939 * 04-03 75.00 47995 04- 13 5,627.50 47941 * 04-03 738.70 47996 04-12 35,000.00 47944 * 04-06 23,750.00 47997 04- 13 3,920.00 47945 04-05 23,750.00 47998 04-14 1,200.00 47946 04-12 22.66 47999 04-12 530.56 47948 * 04-05 12,250.00 48001 * 04- 10 1,872.68 47949 04-03 36,186.50 48002 04-10 1,000.00 47950 04-03 40,332.52 48003 04-07 450.00 47953 * 04-07 50.00 48004 04- 10 18,130.00 47954 04-07 50.00 48005 04-14 194.32 47955 04-12 1,000.00 48006 04-1 1 200.14 47956 04- 10 50.00 48007 04- 14 1,355.62 47958 * 04-06 50.00 48008 04-07 337.52 47959 04-24 2,500.00 48010 * 04- 14 150.00 47960 04-07 10,000.00 48011 04-27 80.00 47962 * 04- 1 1 50.00 48013 * 04- 14 120.00 47963 04-1 1 1,568.88 48016 * 04-14 102.12 47964 04- 1 1 658.35 48017 04-13 1,443.75 47965 04- 13 144.98 48018 04-17 2,500.00 47966 04- 13 720.00 48020 * 04-14 338.73 47967 04-10 96.29 48021 04-20 4,357.00 47968 04- 10 6,500.00 48022 04- 1 1 590.98 47969 04- 1 7 447.50 48024 * 04- 18 4,602.75 47970 04- 1 2 5,426.93 48025 04- 1 7 484.15 47971 04-17 225.53 48026 04-14 983.10 47972 04- 12 346.74 48027 04- 1 2 43,968.58 47973 04- 1 1 19.41 48028 04- 17 4,915.00 47974 04-18 71623.47 48029 04-19 195.00 47975 04-12 51.09 48030 04-19 5,700.25 47976 04-10 1,637.80 48031 04-10 5,241.67 47977 04-24 1,1 70.00 48032 04-25 254.09 47978 04- 13 325.00 48033 04- 19 1,100.00 47979 04-10 25.39 48034 04-12 8.00 47980 04- 12 466.45 48035 04-17 2,000.00 Raboba V.A. Notice. See reverse side for i�� antinformatiot Rabobank \O� Page 3 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 - 0007509359 Number Date Amount Number Date Amount 48036 04-13 10,800.00 48085 04- 12 496.56 48037 04-24 1,072.50 48086 04- 12 7,059.65 48038 04-13 71.53 48087 04-18 1,250.00 48039 04-12 4,760.95 48088 04-13 38.80 48040 04-11 425.27 48089 04-19 150.00 48041 04-14 169.63 48090 04-21 64.95 48042 04-20 3,682.65 48091 04-21 544.98 48043 04-13 25.00 48094 * 04-1 1 18,000.00 48044 04- 14 26,398.01 48095 04-26 294.29 48045 04-17 110.45 48096 04-21 372.04 48046 04-13 1,486.95 48100 * 04-24 1,925.00 48047 04-14 2,133.34 48101 04-20 808.50 48048 04-12 20,000.00 48102 04-20 434.23 48049 04- 1 2 4,644.00 48103 04-19 268.80 48050 04-19 8,730.00 48104 04-21 5,690.07 48051 04-13 13.51 48107 * 04-24 3,187.50 48052 04-24 510.00 48108 04-24 2,325.00 48053 04-17 1,326.00 48109 04-20 202.00 48054 04-17 5,070.25 48110 04-21 498.40 48055 04- 1 7 2,996.25 48111 04-27 20,755.78 48057 * 04-12 1 1 1.10 48112 04- 19 225.82 48058 04-20 63.30 48113 04-20 225.62 48059 04-13 165.00 48114 04-21 135.68 48060 04-14 275.00 48115 04-27 915.88 48061 04-26 344.27 48116 04-19 35.74 48062 04-13 21,600.00 48119 * 04-21 2,932,50 48063 04-13 473.20 48120 04-19 4,870.48 48064 04- 17 183.18 48121 04-24 500.00 48065 04- 13 2,555.00 48122 04-21 2,091.00 48066 04-26 2,400.00 48123 04-20 473.20 48067 04-14 396.98 48124 04-25 4,900.00 48068 04-11 20.91 48125 04-25 20.47 48069 04-20 43.17 48126 04-24 227.80 48070 04-19 230.00 48127 04- 19 206.50 48071 04-28 196.50 48128 04-21 153.59 48072 04- 20 197.86 48129 04-19 1,187.00 48073 04-13 13,637.93 48130 04-25 629.40 48074 04- 12 1,025.95 48131 04-24 735.00 48075 04- 18 125.97 48132 04- 18 13,1 1 1.95 48076 04-17 36.09 48133 04-20 752.00 48077 04-12 93.90 48136 * 04-20 1,835.13 48078 04-21 200.00 48137 04-20 526.98 48079 04- 13 28,500.00 48139 * 04-26 37.60 48080 04-1 7 735.00 48140 04-26 19.34 48081 04-14 21,712.00 48143 * 04-28 15.63 48082 04- 18 75.00 48145 * 04-27 2,636.00 48083 04- 17 231.66 48147 * 04-27 16.00 48084 04-17 239.85 48148 04-26 80.00 J v� Rabobar', __ Y.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 Number Date Amount 48149 04-27 2,088.21 48150 04-25 1,482.25 48151 04-28 674.45 48152 04-28 1,568.32 48154 * 04-27 641.91 48155 04-28 641.98 48156 04-28 212.00 48157 04-27 125.00 48158 04-25 59.78 48160 * 04-26 25.00 48161 04-27 1,554.15 48162 04-26 37.23 48163 04-28 431.64 48164 04-27 29.01 DEBITS Date Description 04-04 ' ACH Debit MERCHANT BNKCD FEE 060404 434218835883 Notice. See reverse side for im vo nt mformatior ` \O� Page 4 of 33 vO 0007509359 Number Date Amount 48165 04-28 16.75 48167 * 04-28 100.00 48168 04-26 40.03 48170 * 04-25 53.00 48171 04-28 275.00 48172 04-27 422.50 48177 * 04-27 745.14 48180 * 04-27 4,539.71 48181 04-27 748.73 48182 04-27 116.75 48183 04-26 16.21 48185 * 04-24 4,241.67 100162 * 04-05 14.72 * Skip in check sequence Subtractions 15,150.03 04-04 ACH Debit 53.01 DISCOVER NETWORK SETTLEMENT 060404 601101752157287 04-05 ACH Debit 2,345.19 AMERICAN EXPRESS AXP DISCNT 060405 5048267843 04-06 Telephone Transfer 100,000.00 TO ACC 00007602235 04- 1 1 Telephone Transfer 200,000.00 TO ACC 00007602235 04-12 Telephone Transfer 200,000.00 TO ACC 00007602235 04- 12 Telephone Transfer 125,300.00,/ TO ACC 00007509340 04- 13 ACH Debit 150.00 MERCHANT BNKCD CHARGEBACK 060413 434218835883 04- 14 Telephone Transfer 100,000.00�/ TO ACC 00007602235 04-14 ACH Debit 170.25 PAYCHEX-HRS HRS PMT 060414 7520670 04-21 Telephone Transfer 200,000.00-/ TO ACC 00007602235 / 04-26 Telephone Transfer 98,050.00 TO ACC 00007509340 Rabobat" Y.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 ( Notice: See reverse side for impo! antl'nformatior Page 5 of 33 cO� V 0007509359 CREDITS Date Description Additions 04-03 ACH Credit 8,6 15.00 / MERCHANT BNKCD DEPOSIT 060403 434218835883 5,040.00 / 04-03 ACH Credit AMERICAN EXPRESS SETTLEMENT 060403 ACCOUNTING 2,300.00 04-03 ACH Credit MERCHANTBNKCD DEPOSIT 060403 434218835883 04-03 ACH Credit 533.63 AMERICAN EXPRESS SETTLEMENT 060403 ACCOUNTING 04-04 ACH Credit 10,400.00/ MERCHANT BNKCD DEPOSIT 060404 434218835883 04-04 Deposit 8,100.00./ 04-04 ACH Credit 7,959.00 MERCHANT BNKCD DEPOSIT 060404 ` 434218835883 5,350.00/ 04-04 ACH Credit MERCHANT BNKCD DEPOSIT 060404 434218835883 04-04 ACH Credit 1,340.001- AMERICAN EXPRESS SETTLEMENT 060404 ACCOUNTING 1,046.29/ 04-04 Deposit 04-04 ACH Credit 965.00--' DISCOVER NETWORK SETTLEMENT 060404 601101752157287 04-04 Deposit 365.00 04-04 Deposit 60.00 04-04 Deposit 40.00 04-05 Deposit _ 15.440.00 04-05 ACH Credit 1,298.00 MERCHANT BNKCD DEPOSIT 060405 `�- 434218635883 04-05 Deposit 204.00 04-06 ACH Credit 43,177.00 MERCHANT BNKCD DEPOSIT 060406 434218835883 04-06 Deposit 12,769.09 04-06 Deposit 10,063.00 04-06 ACH Credit 7,899.14 TICKETS.COM INC SETTLEMENT 060406 FRIENDS OTC Raboba' N.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 Date Description 04-06 Deposit 04-06 ACH Credit AMERICAN EXPRESS SETTLEMENT 060406 ACCOUNTING Notice: See reverse side for important information �V Page 6 of 33 c , 0007509359 Additions 2,689.56 2,095.00 04-06 Deposit 1,689.00 04-06 Deposit 1,129.00 04-06 Deposit' 460.00 04-06 Deposit 281.00 04-06 Deposit 25.00 04-07 ACH Credit 88,724.00 MERCHANT BNKCD DEPOSIT 060407 434218835883 04-07 ACH Credit 8,850.00 MERCHANT BNKCD DEPOSIT 060407 434218835883 04-07 ACH Credit 1,990.00 DISCOVER NETWORK SETTLEMENT 060407 601101752157287 04-07 Deposit 1,177.86 04-07 ACH Credit 920.00 AMERICAN EXPRESS SETTLEMENT 060407 ACCOUNTING 04-07 Deposit 300.00 04-07 Deposit 140.00 04- 10 ACH Credit 86,302.50 MERCHANT BNKCD DEPOSIT 060410 434218835883 04- 10 ACH Credit 73,358.33 AMERICAN EXPRESS SETTLEMENT 060410 ACCOUNTING 04- 10 Deposit 23,380.00 04-10 ACH Credit 20,160.00 AMERICAN EXPRESS SETTLEMENT 060410 ACCOUNTING 04- 10 Deposit 11,520.00 04-10 Deposit _ 6,155.00 04-10 Deposit 3,940.00 04- 10 Deposit 3,175.00 04- 10 ACH Credit 3,175.00 MERCHANT BNKCD DEPOSIT 060410 434218835883 04-10 Deposit 1,703.00 04- 10 ACH Credit 1,520.00 DISCOVER NETWORK SETTLEMENT 060410 601101752157287 04-10 Deposit 878.00 04-10 Deposit 523.00 Q r�- Raboba, V.A. Notice: See reverse side for imp r nt informatior Rabobank Page 7 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 0007509359 Date Description Additions 04-10 ACH Credit 465.65 MERCHANT BNKCD DEPOSIT 060410 434218835883 04- 10 Deposit 340.00 04- 10 Deposit 152.00 04- 10 Deposit 138.00 04- 10 Deposit 127.96 04-1 1 ACH Credit 107,988.50 MERCHANT BNKCD DEPOSIT 060411 434218835883 04-1 1 ACH Credit 77,070.00 MERCHANT BNKCD DEPOSIT 060411 434218835883 04-1 1 ACH Credit 36,466.00 MERCHANT BNKCD DEPOSIT 060411 434218835883 04- 1 1 ACH Credit 31,280.00 AMERICAN EXPRESS SETTLEMENT 060411 ACCOUNTING 04- 1 1 Deposit 26,295.34 04- 1 1 ACH Credit 5,620.00 - DISCOVER NETWORK SETTLEMENT 060411 601101752157287 04- 1 1 Deposit 3,344.00 04- 1 1 ACH Credit 2,550.00 MERCHANT BNKCD DEPOSIT 060411 434218835883 04- 1 1 ACH Credit 520.00 DISCOVER NETWORK SETTLEMENT 060411 601101752157287 04- 1 1 Deposit 137.00 04- 1 1 ACH Credit 55.00 DISCOVER NETWORK SETTLEMENT 060411 601101752157287 04- 12 ACH Credit 77,686.00 MERCHANT BNKCD DEPOSIT 060412 - 434218835883 04-12 ACH Credit 20,442.00 AMERICAN EXPRESS SETTLEMENT 060412 ACCOUNTING 04-12 Deposit 1,645.00 04-12 ' ACH Credit 850.00 MERCHANT BNKCD DEPOSIT 060412 434218835883 04- 12 Deposit 275.00 04-12 Deposit 224.00 04- 12 Deposit 151.00 04-12 Deposit 100.00 Rabobat' V.A. Rabobank Page 8 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 Date Description 04-13 ' ACH Credit MERCHANT BNKCD DEPOSIT 060413 434218835883 Notice: See reverse side for impo ant information U 0007509359 Additions 79,205.00 04- 13 ACH Credit 13,504.00 AMERICAN EXPRESS SETTLEMENT 060473 ACCOUNTING 04-13 Deposit 11,427.00 04-13 Deposit 4,200.00 04-13 ACH Credit 3,975.00 DISCOVER NETWORK SETTLEMENT 060413 601101752157267 04- 13 ACH Credit 3,701.20 TICKETS.COM INC SETTLEMENT 060413 FRIENDS OTC 04-13 ACH Credit 1,980.00 MERCHANT BNKCD DEPOSIT 060413 434219835383 04-13 ACH Credit 1,860.00 MERCHANT BNKCD DEPOSIT 060413 434218835883 04-13 Deposit 1,525.32 04-13 ' ACH Credit 640.00 MERCHANT BNKCD DEPOSIT 060413 434218835883 04-13 Deposit 230.00 04- 14 ACH Credit 43,342.50 MERCHANT BNKCD DEPOSIT 060414 434218835883 04- 14 ACH Credit 25,795.00 AMERICAN EXPRESS SETTLEMENT 060414 ACCOUNTING 04-14 ACH Credit 5,775.00 MERCHANT BNKCD DEPOSIT 060414 434218835883 04- 14 ACH Credit 2,635.00 MERCHANT BNKCD DEPOSIT 060414 434218835883 04- 14 ACH Credit 1,310.00 DISCOVER NETWORK SETTLEMENT 060414 601101752157287 04-17 ACH Credit 32,2 13.00 MERCHANT BNKCD DEPOSIT 060417 434218835883 04-17 ACH Credit 31,975.00 AMERICAN EXPRESS SETTLEMENT 060417 ACCOUNTING 04-17 Deposit 26,794.99 i' Raboba ^ " .A. Notice: see reverse side for 1 Ot i formatior Rabobank �O\� Page 9 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 0007509359 Date Description Additions 04-17 ACH Credit 24,363.50 AMERICAN EXPRESS SETTLEMENT 060417 ACCOUNTING 04-17 Deposit 3,795.00 04-17 Deposit 2,025.00 04-17 ACH Credit 1,890.00 MERCHANT BNKCD DEPOSIT 060417 434218835883 04-17 ACH Credit 1,270.00 DISCOVER NETWORK SETTLEMENT 060417 601101752157287 04-17 Deposit 319.38 04-17 Deposit 130.00 04-17 ACH Credit 63.88 MERCHANT BNKCD DEPOSIT 060417 434218835883 04-18 ACH Credit 30,615.00 MERCHANT BNKCD DEPOSIT 060418 434218835883 04— 18 ACH Credit 12,765.00 AMERICAN EXPRESS SETTLEMENT 060418 ACCOUNTING 04-18 Deposit /5,725.00 04-18 Deposit 3,315.00 04-18 Deposit z2,550.00 04-18 Deposit-2,250.00 04-18 ACH Credit 975.00 DISCOVER NETWORK SETTLEMENT 060418 601101752157287 04— 18 ACH Credit 740.00 MERCHANT BNKCD DEPOSIT 060418 434218835883 04-18 Deposit 318.09 04— 18 ACH Credit 280.00 DISCOVER NETWORK SETTLEMENT 060418 601101752157287 04— 18 Deposit 10.00 04-19 ACH Credit 50,183.00 MERCHANT BNKCD DEPOSIT 060419 434218835883 04-19 Deposit .1,660.00 04— 19 Deposit 500.00 04-19 Deposit 485.00 04-20 Deposit 25,300.00 04-20 ACH Credit 22,580.00 MERCHANT BNKCD DEPOSIT 060420 434218835883 04-20 Deposit 5,135.00 `1 J Lf Rabobat Y.A. 1 Notice: See reverse side for im ant information Rabobank Page 10 of 33 FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 0007509359 Date Description Additions 04-20 Deposit 3,245.00 04-20 ACH Credit 1,932.42 TICKETS.COM INC SETTLEMENT 060420 FRIENDS OTC 04-20 ACH Credit 1,740.00 MERCHANT BNKCD DEPOSIT 060420 434218835883 04-20 ACH Credit 335.00 MERCHANT BNKCD DEPOSIT 060420 434218835883 04-20 ACH Credit 125.00 DISCOVER NETWORK SETTLEMENT 060420 601101752157287 04-20 ACH Credit 8.30 MERCHANT BNKCD DEPOSIT 060420 434218835683 04-21 ACH Credit 28,305.00 AMERICAN EXPRESS SETTLEMENT 060421 ACCOUNTING 04-21 ACH Credit 8,920.00 MERCHANT BNKCD DEPOSIT 060421 434218835883 04-21 Deposit 6,465.00 04-21 ACH Credit 2,655.00 MERCHANT BNKCD DEPOSIT 060421 434218835883 04-21 Deposit 1,600.00 04-21 Deposit 1,000.00 04-21 Deposit 261.00 04-21 Deposit 257.00 04-21 ACH Credit 135.00 DISCOVER NETWORK SETTLEMENT 060421 601101752157287 04-21 Deposit 24.90 04-24 ACH Credit 28,500.00 MERCHANT BNKCD DEPOSIT 060424 434218835883 04-24 ACH Credit 23,665.00 AMERICAN EXPRESS SETTLEMENT 060424 ACCOUNTING 04-24 ACH Credit 6,515.00 AMERICAN EXPRESS SETTLEMENT 060424 ACCOUNTING 04-24 ACH Credit 1,350.00 MERCHANT BNKCD DEPOSIT 060424 434218835883 04-24 Deposit 605.00 04-24 ` Deposit 560.00 5,�(p Raboba(r Y.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 Date Description 04-24 Deposit 04-24 Deposit 04-24 Deposit 04-24 Deposit 04-24 ACH Credit MERCHANT BNKCD DEPOSIT 060424 434216835883 Page 11 of 33 Notice: See reverse side for important information V 0007509359 Additions 485.00 432.00 287.00 190.00 156.49 04-24 Deposit 120.00 04-24 Deposit 55.00 04-24 Deposit 22.00 04-25 ' Deposit 20,800.00 04-25 ACH Credit 15,770.00 MERCHANT BNKCD DEPOSIT 060425 434218835883 04-25 ACH Credit 9,448.00 MERCHANT BNKCD DEPOSIT 060425 434218835883 04-25 ACH Credit 5,710.00 DISCOVER NETWORK SETTLEMENT 060425 601101752157287 04-25 ACH Credit 5,270.00 MERCHANT BNKCD DEPOSIT 060425 434218835883 04-25 Deposit 3,540.00 04-25 ACH Credit 1,955.00 AMERICAN EXPRESS SETTLEMENT 060425 ACCOUNTING 04-25 ACH Credit 1,100.00 DISCOVER NETWORK SETTLEMENT 060425 601101752157287 04-25 ACH Credit 210.00 MERCHANT BNKCD DEPOSIT 060425 434278835883 04-26 ACH Credit 24,705.00 MERCHANT BNKCD DEPOSIT 060426 434218835883 04-26 Deposit 12,300.00 04-26 ACH Credit 6,620.00 AMERICAN EXPRESS SETTLEMENT 060426 ACCOUNTING 04-26 Deposit 2,870.00 04-26 ACH Credit 525.00 MERCHANT BNKCD DEPOSIT 060426 434218835883 04-26 Deposit 241.46 04-27 ' ACH Credit 15,815.00 MERCHANT BNKCD DEPOSIT 060427 434218835883 Raboba' ',,V.A. Notice: See reverse side for . ant information Rabobank �(�O Page 12 of 33 0� FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 0007509359 Date Description Additions 04-27 ACH Credit 4,241.77 TICKETS.COM INC SETTLEMENT 060427 FRIENDS OTC 04-27 ACH Credit 4,045.00 AMERICAN EXPRESS SETTLEMENT 060427 ACCOUNTING 04-27 Deposit 948.28 04-27 Deposit 920.00 04-27 ACH Credit 600.00 MERCHANT BNKCD DEPOSIT 060427 434218835883 04-27 ACH Credit 300.00 DISCOVER NETWORK SETTLEMENT 060427 601101752157287 04-28 ACH Credit 24,430.00 MERCHANT BNKCD DEPOSIT 060428 434218835883 04-28 ACH Credit 13,500.00 AMERICAN EXPRESS SETTLEMENT 060428 ACCOUNTING i 04-28 ' ACH Credit 525.00 MERCHANT BNKCD DEPOSIT 060428 434218835883 04-28 ACH Credit 110.00 DISCOVER NETWORK SETTLEMENT 060428 601101752157287 DAILY BALANCES Date Amount Date Amount Date Amount 03-31 313,495.93 04-1 1 449,644.73 04-20 249,812.36 04-03 234,853.92 04- 12 97,801.43 04-21 85,195.20 04-04 249,204.32 04-13 123,630.80 04-24 129,463.22 04-05 225,582.76 04- 14 46,789.20 04-25 185,867.23 04-06 132,218.05 04-17 149,928.04 04-26 131,784.72 04-07 223,432.39 04-18 180,591.59 04-27 122,809.85 04-10 414,90 1.58 04- 19 203,052.07 04-28 157,242.58 Thank you for banking with Rabobank PM Raboba( l V.A. Rabobank Last statement April 28, 2006 This statement: May 31, 2006 Total days in statement period: 33 Notice. See reverse side for important information Page 1 of 28 C O 0007509359 O� (200) c - Direct inquiries to: 760-346-0228 wi FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE Rabobank OPERATING 42-005 Cook St Suite 310 73000 FRED WARING DR Palm Desert CA 92260 PALM DESERT CA 92260-2800 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT - " CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK,COM! WE'D LOVE TO HEAR YOUR COMMENTS! Commercial Checking Account Account number 0007509359 Beginning balance $157,242.58 Enclosures 200 Total additions 851,715.80 Avg collected balance $154,984.00 Total subtractions 854,756.86 Ending balance $154,201.52 CHECKS Number Date Amount Number Date Amount 47364 05-02 80.00 48142 05-01 127.78 47952 * 05- 12 144.38 48144 * 05-1 1 841.78 47957 * 05-03 1,675.00 48146 * 05- 1 2 322.34 47961 * 05-09 50.00 48153 * 05-09 2,227.20 48000 * 05-05 3,000.00 48159 * 05-08 49.00 48014 * 05-15 120.00 48166 * 05-02 120.61 48019 * 05- 12 15,1 73.40 48169 * 05-01 2,337.50 48098 * 05-1 1 80.00 48173 * 05-01 300.00 48099 05-02 40.00 48174 05-01 2,866.15 48106 * 05- 1 1 95.00 48175 05-05 1,063.75 48117 * 05-08 488.75 48176 05-01 319.97 48118 05-04 31.44 48178 * 05-18 704.00 48134 * 05-02 2,988.94 48179 05-01 374.95 48135 05-12 355.99 48184 * 05-01 8,274.68 48141 * 05-01 278.86 48186 * 05-04 150.00 RN Raboba(- V.A. r` Rabobank FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 _ Number Date Amount 48188 * 05-05 15.00 48189 05-04 151.80 48190 05-04 40.00 48191 05-09 154.58 48192 05-04 1,617.00 48193 05-02 2,678.66 48194 05-02 537.60 48195 05-09 10,779.31 48196 05-11 1,115.00 48197 05-02 157.25 48198 05-02 137.00 48199 05-05 215.82 48200 05-05 4,405.44 48201 05-04 290.72 48202 05-03 11,680.00 48203 05-16 16,068.53 48204 05-02 2,357.67 48205 05- 10 1,438.46 48206 05-03 210.00 48207 05-02 135.00 48208 05-05 900.00 48209 05-03 1,700.00 48210 05-05 42.75 48211 05-05 442.06 48212 05-03 735.00 48213 05-02 201.30 48214 05-03 26.93 48215 05-02 218.04 48216 05-04 263.73 48217 05-05 85.00 48218 05-12 2,500.00 48219 05-05 20,687.00 48220 05-08 194.32 48221 05-05 4,915.00 48222 05-08 1,954.73 48223 05-02 25.00 48224 05-09 206.67 48225 05-05 6,245.80 48226 05-04 496.56 48227 05-1 1 1,410.07 48228 05-04 348.78 48229 05-03 500.00 48230 05-16 40.00 48231 05-22 25.00 48232 05-09 52.80 48233 05- 12 22.10 48234 05-22 17,500.00 48235 05-10 777.81 (� Notice: See reverse side for import t i.nf, tiof l \� Page 2 of 28 CO� 0007509359 Number Date Amount 48236 05-10 92.68 48237 05-09 313.40 48238 05-09 709.18 48240 * 05- 16 234.30 48242 * 05- 1 1 259.52 48244 * 05-08 153.56 48245 05-23 1,800.00 48246 05-09 30.00 48248 * 05-12 872.78 48249 05-16 419.45 48250 05-1 1 2,060.00 48251 05-05 300.00 48252 05-05 2,250.00 48254 * 05-10 51.40 48255 05-10 72.25 48256 05-22 236.11 48257 05-10 89.97 48258 05-09 861.90 48259 05-10 125.00 48260 05-17 100.00 48261 05-09 300.00 48263 * 05-09 5,669.40 48264 05-15 475.00 48265 05- 10 63,073.56 46266 05- 12 23.14 48267 05-08 4,796.67 48268 05-10 421.83 48269 05-09 68.98 48270 05-30 198.00 48271 05-22 385.00 48272 05-18 20.00 48273 05-30 30.00 48275 * 05-31 130.00 48276 05-19 786.62 48277 05-22 775.00 48278 05-18 2,289.00 48279 05- 15 169.10 48280 05-18 144.98 48281 05-19 136.79 48282 05-22 25.00 48284 * 05-23 467.17 48285 05-18 1,353.05 48286 05-26 516.02 48287 05- 17 353.00 48288 05-23 212.66 48289 05-18 4,778.03 48290 05-16 414.48 48292 * 05-19 104.02 L Raboba(-- 'V.A. Notice. See reverse side for imp ntnnformatio, Rabobank Page 3 of 28 (�O� FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 - 0007509359 Number Date Amount Number Date Amount 48293 05-22 67.82 48335 05-31 4,035.00 48294 05-18 646.50 48336 05-25 21.11 48295 05-22 1,306.59 48338 * 05-24 2,500.00 48296 05-23 4,451.93 48339 05-26 175.63 48298 * 05- 15 428.14 48340 05-22 59.82 48299 05- 18 42.64 48341 05-22 668.05 48300 05-26 10.34 48342 05-22 37.03 48301 05-17 4,738.00 48343 05-23 20.19 48302 05-22 691.53 48344 05-22 1,616.25 48303 05-19 275.00 48345 05-23 2,636.00 48304 05-16 734.00 48346 05-23 66.00 48305 05-26 134.04 48347 05-24 2,319.28 48306 05-17 425.00 48348 05-24 92.56 48307 05-19 153.00 48349 05-22 33.45 48308 05- 18 723.20 48350 05-30 114.01 48309 05-15 2,441.14 48351 05-24 275.00 48310 05-19 99.23 48352 05-23 55.88 48311 05-25 230.00 48353 05-22 709.98 48312 05-22 191.84 48354 05-26 409.71 48313 05-18 1,656.40 48355 05-24 37.68 48314 05-22 913.18 48357 * 05-24 643.27 48315 05- 17 11,677.62 48358 05-31 707.00 48316 05-23 1,126.68 48359 05-24 5,731.50 48318 * 05-22 350.00 48360 05-24 33,868.00 48319 05-18 87.03 48361 05-22 98.77 48320 05-23 150.00 48362 05-30 37,878.61 48321 05-23 234.95 48369 * 05-31 1,128.69 48322 05-24 544.98 48372 * 05-31 1,500.00 48323 05-16 500.00 48373 05-31 200.00 48326 * 05-24 2,345.33 48381 * 05-31 371.15 48327 05-23 2,500.00 48384 * 05-31 210.00 48328 05-25 149.04 48386 * 05-31 196.80 48329 05-22 268.80 48387 05-26 1,975.00 48330 05-23 320.00 48390 * 05-30 255.29 48332 * 05-26 6,676.25 48394 * 05-31 916.19 48333 05-23 1,516.19 100163 * 05-02 100.00 48334 05-22 4,151.67 * Skip in check sequence DEBITS Date Description Subtractions 05-01 ' Telephone Transfer 100,000.00 TO ACC 00007602235 05-02 ' ACH Debit 509.70 DISCOVER NETWORK SETTLEMENT 060502 601101752157287 www_rahnhanlramanea rnm Raboba{ ! N.A. Notice. See reverse side for impp nt informatior e Rabobank �\ Page 4 of 28 VO FRIENDS OF THE CULTURAL CENTER INC. \V. May 31, 2006 _ 0007509359 Date Description Subtractions 05-03 ACH Debit 38,713.17 MERCHANT BNKCD FEE 060503 434218835883 05-05 ACH Debit 8,016.52 AMERICAN EXPRESS AXP DISCNT 060505 5048267843 05- 10 Telephone Transfer 103,000.00 TO ACC 00007509340 05- 12 ACH Debit 165.75 PAVCHEX-HRS HRS PMT 060512 7633512 05-23 Telephone Transfer 189,000.00 TO ACC 00007509340 05-24 Deposit Adj Debit 200.00 CREDITS Date Description Additions 05-01 ACH Credit 21,415.00 MERCHANT BNKCD DEPOSIT 060501 434218835883 05-01 ACH Credit 12,000.00 _. AMERICAN EXPRESS SETTLEMENT 060501 ACCOUNTING 05-01 ACH Credit 3,424.37 AMERICAN EXPRESS SETTLEMENT 060501 ACCOUNTING 05-01 ACH Credit 60.00 DISCOVER NETWORK SETTLEMENT 060501 601101752157287 05-02 Deposit 30,025.00 05-02 ' Deposit 19,191.96 05-02 Deposit 12,435.49 05-02 Deposit 10,960.00 05-02 ACH Credit 10,062.00 MERCHANT BNKCD DEPOSIT 060502 434218835883 05-02 Deposit 9,260.00 05-02 ACH Credit 6,950.00 AMERICAN EXPRESS SETTLEMENT 060502 ACCOUNTING 05-02 ' ACH Credit 5,800.00 MERCHANT BNKCD DEPOSIT 060502 434218835883 05-02 Deposit 3,485.00 05-02 ' ACH Credit 350.00 DISCOVER NETWORK SETTLEMENT 060502 601101752157287 ^!r Q �uunu �aF�ni,tanlramo�i�a rnm Raboba`-' V A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 Date Description ` 05-02 ACH Credit DISCOVER NETWORK SETTLEMENT 060502 601101752157287 05-03 ' ACH Credit MERCHANT BNKCD DEPOSIT 060503 434218835083 Notice. See reverse side for informatior �O Page 5 of 28 cO� V 0007509359 Additions 235.00 20,360.00 05-03 Deposit 5,060.00 05-03 ACH Credit 1,775.00 MERCHANT BNKCD DEPOSIT 060503 434218835883 05-03 Deposit 378.14 05-04 ' ACH Credit 11,353.00 MERCHANT BNKCD DEPOSIT 060504 434218835883 05-04 ' ACH Credit 5,342.39 TICKETS.COM INC SETTLEMENT 060504 FRIENDS OTC 05-04 Deposit 4,099.03 05-04 Deposit 2,794.00 05-04 ACH Credit 1,045.00 DISCOVER NETWORK SETTLEMENT 060504 601101752157287 ' 05-04 ACH Credit 500.00 MERCHANT BNKCD DEPOSIT 060504 434218835883 05-05 ACH Credit 14,088.00 MERCHANT BNKCD DEPOSIT 060505 434218835883 05-05 Deposit 7,904.68 05-05 ACH Credit 6,197.33 AMERICAN EXPRESS SETTLEMENT 060505 ACCOUNTING 05-05 ACH Credit 1,550.00 MERCHANT BNKCD DEPOSIT 060505 434218835883 05-05 Deposit 1,000.00 05-05 Deposit 570.00 05-05 ACH Credit 210.00 DISCOVER NETWORK SETTLEMENT 060505 601101752157287 05-05 Deposit 45.35 05-08 ACH Credit 6,891.00 MERCHANT BNKCD DEPOSIT 060508 434218835883 05-08 Deposit 6,000.00 05-08 ACH Credit 4,974.00 AMERICAN EXPRESS SETTLEMENT 060508 ACCOUNTING 'Q unlro. rnhn{��wb�w�nr0�� ��M Raboba'V A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 Date Description LA 05-08 ' ACH Credit AMERICAN EXPRESS SETTLEMENT 060508 ACCOUNTING 05-08 ' Deposit 05-08 Deposit 05-08 Deposit 05-08 ' Deposit 05-08 Deposit 05-08 Deposit 05-08 ' ACH Credit MERCHANT BNKCD DEPOSIT 06050E 434218835883 05-08 Deposit 05-08 Deposit 05-08 Deposit 05-08 ACH Credit DISCOVER NETWORK SETTLEMENT 060508 601101752157287 Notice: See reverse side fort Ztont informotb �O Page 6 of 28 CO� v0007509359 Additions 3,314.00 2,936.00 1,515.00 1,100.00 946.00 504.00 50.1.00 400.00 350.00 307.00 220.00 125.00 05-09 ' ACH Credit 16,375.10 MERCHANT BNKCD DEPOSIT 060509 434218835883 05-09 Deposit 14,900.00 05-09 ' ACH Credit 9,934.00 AMERICAN EXPRESS SETTLEMENT 060509 ACCOUNTING 05-09 ACH Credit 4,454.90 MERCHANT BNKCD DEPOSIT 060509 434218835883 05-09 ACH Credit 1,415.00 MERCHANT BNKCD DEPOSIT 060509 434218835883 05-09 ACH Credit 700.00 MERCHANT BNKCD DEPOSIT 060509 434218835883 05-09 Deposit 400.00 05-09 ACH Credit 135.00 DISCOVER NETWORK SETTLEMENT 060509 601101752157287 _ 05-09 ACH Credit 50.00 DISCOVER NETWORK SETTLEMENT 060509 601101752157287 05-09 ACH Credit 40.00 DISCOVER NETWORK SETTLEMENT 060509 601101752157287 05-10 Deposit 11,365.00 05-10 Deposit 6,350.00 n �i«Siw un�nu ■�1�nf�ae�M��+e�ir� .v...+ Rabobaf N.A. r' Rabobank FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 Date Description 05-10 ACH Credit MERCHANT BNKCD DEPOSIT 060510 434218835883 f Notice. See reverse sid tant informatio Page 7 of 28 cO,� v 0007509359 Additions 2,650.00 05-10 ACH Credit 2,500.00 MERCHANT BNKCD DEPOSIT 060510 434218835883 05- 10 ACH Credit 2,176.00 AMERICAN EXPRESS SETTLEMENT 060510 ACCOUNTING 05- 10 ACH Credit 1,930.00 MERCHANT BNKCD DEPOSIT 060510 434218835883 05-10 Deposit 350.00 05-10 ACH Credit 20.00 DISCOVER NETWORK SETTLEMENT 060510 601101752157287 05- 1 1 ACH Credit 22,614.00 MERCHANT BNKCD DEPOSIT 060511 434218835883 05- 1 1 ' ACH Credit 6,668.29 " TICKETS.COM INC SETTLEMENT 060511 FRIENDS OTC i 05-11 Deposit 4,270.00 05- 1 1 Deposit 991.00 05- 1 1 ACH Credit 26.83 MERCHANT BNKCD DEPOSIT 060511 434218835883 05-12 ACH Credit 11,460.00 MERCHANT BNKCD DEPOSIT 060512 434218835883 05-12 ` Deposit 2,690.00 05- 12 Deposit i's00.61 05-12 ACH Credit 585.00 AMERICAN EXPRESS SETTLEMENT 060512 ACCOUNTING 05-15 Deposit 61,706.75 05-15 Deposit 21,335.81 05-15 ACH Credit 13,864.50 AMERICAN EXPRESS SETTLEMENT 060515 ACCOUNTING 05-15 ACH Credit 13,185.00 MERCHANT BNKCD DEPOSIT 060515 434218835883 05-15 ACH Credit 6,440.00 AMERICAN EXPRESS SETTLEMENT 060515 ACCOUNTING 05-15 Deposit 1,235.00 05-15 Deposit 585.00 34J �=r Raboba, -J_ V.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. May 31. 2006 Date Description 05-15 Deposit 05- 15 Deposit 05-15 Deposit 05- 15 ACH Credit DISCOVER NETWORK SETTLEMENT 060515 601101752157287 05- 16 Deposit 05-16 ACH Credit MERCHANT BNKCD DEPOSIT 060516 434218835883 Notice: See reverse side for iq1 informotior �O Page 8 of 28 ^O� 0007509359 Additions 500.00 347.00 95.00 85.00 12.300.00 12,105.00 05-16 ACH Credit 10,310.00 MERCHANT BNKCD DEPOSIT 060516 434218835883 05-16 ACH Credit 3,955.00 MERCHANT BNKCD DEPOSIT 060516 434218835883 05-16 ACH Credit 2,215.00 AMERICAN EXPRESS SETTLEMENT 060516 ACCOUNTING 05- 16 Deposit 285.00 05-16 ACH Credit 175.00 DISCOVER NETWORK SETTLEMENT 060516 601101752157287 05-17 Deposit 20,000.00 05-17 ACH Credit 15,575.00 MERCHANT BNKCD DEPOSIT 060517 434216835883 05- 17 Deposit 4,740.00 05- 17 Deposit 1,100.00 05-17 ACH Credit 660.00 AMERICAN EXPRESS SETTLEMENT 060517 ACCOUNTING 05-17 Deposit 24.91 05-18 ACH Credit 18,350.00 MERCHANT BNKCD DEPOSIT 060518 434218835883 05- 18 ACH Credit 3,394.39 TICKETS.COM INC SETTLEMENT 060518 FRIENDS OTC 05-18 Deposit 3,050.00 05-18 Deposit 1,000.00 05-18 ACH Credit 595.00 DISCOVER NETWORK SETTLEMENT 060518 - 601101752157287 05-18 ACH Credit 390.00 AMERICAN EXPRESS SETTLEMENT 060518 ACCOUNTING Q 1a� Raboba(' ; N.A. Notice. See reverse side for im7 informatio. Rabobank `O Page 9 of 28 FRIENDS OF THE CULTURAL CENTER INC. V May 31, 2006 J 0007509359 x Date Description Additions 05-18 ACH Credit 375.00 MERCHANT BNKCD DEPOSIT 060518 434218835883 05-18 Deposit 10.22 05- 19 ACH Credit 14,455.00 - MERCHANT BNKCD DEPOSIT 060519 434218835883 05- 19 ACH Credit 5,590.00 AMERICAN EXPRESS SETTLEMENT 060519 ACCOUNTING 05-19 Deposit 300.00 05-19 ACH Credit 190.00 DISCOVER NETWORK SETTLEMENT 060519 601101752157287 05-22 ACH Credit 13,729.00 MERCHANT BNKCD DEPOSIT 060522 434218835883 05-22 ACH Credit 7,410.00 AMERICAN EXPRESS SETTLEMENT 060522 ACCOUNTING 05-22 ACH Credit 5,765.00 i AMERICAN EXPRESS SETTLEMENT 060522 ACCOUNTING 05-22 Deposit 2,310.00 05-22 Deposit 526.00 05-22 ACH Credit 400.00 MERCHANT BNKCD DEPOSIT 060522 434218835883 05-22 Deposit 358.00 05-22 Deposit 348.00 05-22 ACH Credit 255.00 DISCOVER NETWORK SETTLEMENT 060522 , 601101752157287 05-22 Deposit 125.00 05-22 Deposit 85.00 05-23 ACH Credit 12,445.00 MERCHANT BNKCD DEPOSIT 060523 434218835883 - 05-23 ACH Credit 10,760.00 AMERICAN EXPRESS SETTLEMENT 060523 ACCOUNTING 05-23 Deposit 9,975.00 05-23 ACH Credit 6,700.00 MERCHANT BNKCD DEPOSIT 060523 434218835883 05-23 Deposit 4,541.61 05-23 Deposit 2,050.00 05-23 ' Deposit 1,980.00 7=r m. Rabobank Raboba( N.A. FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 Date Description 05-23 Deposit 05-23 ACH Credit MERCHANT BNKCD DEPOSIT 060523 434218835883 Notice: See reverse sidO nt information �O Page 10 of 28 0007509359 Additions 1,775.00 1,005.00 05-23 Deposit 700.00 05-23 ' ACH Credit 700.00 MERCHANT BNKCD DEPOSIT 060523 434218835883 05-23 ' Deposit 405.00 05-23 ACH Credit 190.00 DISCOVER NETWORK SETTLEMENT 060523 601101752157287 05-23 ACH Credit 65.00 DISCOVER NETWORK SETTLEMENT 060523 601101752157287 05-23 ACH Credit 45.00 DISCOVER NETWORK SETTLEMENT 060523 601101752157287 05-24 ACH Credit 10,235.00 MERCHANT BNKCD DEPOSIT 060524 434218835883 05-24 Deposit 8,155.00 05-24 ACH Credit 1,190.00 AMERICAN EXPRESS SETTLEMENT 060524 ACCOUNTING 05-24 Deposit 785.00 05-24 ACH Credit 40.00 DISCOVER NETWORK SETTLEMENT 060524 601101752157287 05-25 ACH Credit 11,960.00 MERCHANT 8NKCD DEPOSIT 060525 434218835883 05-25 Deposit 5,375.00 05-25 ACH Credit 1,738.59 TICKETS.COM INC SETTLEMENT 060525 FRIENDS OTC 05-25 ACH Credit 245.00 DISCOVER NETWORK SETTLEMENT 060525 601101752157287 05-25 Deposit 190.00 05-25 ACH Credit 90.00 AMERICAN EXPRESS SETTLEMENT 060525 ACCOUNTING 05-25 Deposit 24.00 05-26 ACH Credit 11,056.00 MERCHANT BNKCD DEPOSIT 060526 434218835883 05-26 ' Deposit 4,960.00 Q Rabobank Rabobai' V.A. Notice: See reverse side drtontinformation �O O� Page 11 of 28 FRIENDS OF THE CULTURAL CENTER INC. May 31, 2006 0007509359 Date Description Additions 05-26 ACH Credit 2,155.00 AMERICAN EXPRESS SETTLEMENT 060526 ACCOUNTING 05-26 ACH Credit 540.00 DISCOVER NETWORK SETTLEMENT 060526 601101752157287 05-26 Deposit 410.00 05-26 Deposit 250.00 05-30 ' Deposit 26,125.00 05-30 ACH Credit 14,405.00 MERCHANT BNKCD DEPOSIT 060530 434218835883 05-30 ACH Credit 9,160.00 MERCHANT BNKCD DEPOSIT 060530 434218835883 05-30 ACH Credit 2,505.00 AMERICAN EXPRESS SETTLEMENT 060530 ACCOUNTING 05-30 ACH Credit 1,815.00 AMERICAN EXPRESS SETTLEMENT 060530 ACCOUNTING 05-30 ' Deposit 1,760.00 05-30 ACH Credit 930.00 AMERICAN EXPRESS SETTLEMENT 060530 ACCOUNTING 05-30 ACH Credit 895.00 MERCHANT BNKCD DEPOSIT 060530 434218835883 05-30 Deposit 48.55 05-31 Deposit 8,048.00 05-31 Deposit 2,185.00 05-31 ' ACH Credit 1,720100 DISCOVER NETWORK SETTLEMENT 060531 601101752157287 05-31 Deposit 990.00 DAILY BALANCES Date Amount 04-28 157,242.58 05-01 79,262.06 05-02 177,729.74 05-03 150,062.78 05-04 171,806.17 05-05 150,787.39 05-08 173,233.36 05-09 200,213.94 Date Amount 05-10 58,41 1.98 05-1 1 87.120.73 05-12 83.776.46 05-15 199,522.14 05-16 222,456.38 05-17 247,262.67 05-18 261,982.45 05-19 280,962.79 Date Amount 05-22 282,162.90 05-23 130,941.86 05-24 102,789.26 05-25 122,011.70 05-26 131,485.71 05-30 150,653.35 05-31 154,201.52 Thank you for banking with Rabobank Q r�«T-- RabobarC_ '__f Rabobank Last statement November 30, 2005 This statement: December 30, 2005 Total days in statement period: 30 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE OPERATING 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice: See reverse side for important informatior < IO� Page 1 of 38 0007509359 (292) Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CAI -LING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Commercial Checking Account Account number 0007509359 Beginning balance $178,550.85 Enclosures 292 Total additions 1,168,347.28 Avg collected balance $274,257.00 Total subtractions 1,049,859.24 Ending balance $297,038.89 CHECKS Number Date Amount Number Date Amount 46605 12-13 19.41 46810 * 12-01 183.75 46627 * 12-07 1,000.00 46811 12-13 75.00 46679 * 12-01 1,730.75 46813 * 12-07 54.96 46696 * 12-09 109.48 46826 * 12-20 38.69 46733 * 12-05 25.00 46742 * 12-09 15.00 46747 * 12-02 975.00 46761 * 12-05 350.00 46762 12-01 9,200.00 46767 * 12-05 65.00 46774 * 12-07 630.00 46792 * 12-07 350.00 46794 * 12-06 254.53 46801 * 12-02 75.00 46807 * 12-07 1,062.00 46829 * 12-05 320.00 46831 * 12-01 9,800.00 46832 12-01 1,104.97 46833 12-12 39.70 46835 * 12-01 604.46 46837 * 12-02 1,938.60 46838 12-02 4,020.72 46839 12-01 2,930.36 46840 12-01 1,164.12 46845 * 12-08 695.00 46850 * 12-05 1,725.00 RQbObQr ' Notice: See reverse side for important information . Rabobank oo Page 2 of 38 v FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 _ 0007509359 Number Date Amount Number Date Amount 46854 * 12-13 1,020.00 46910 12-07 720.00 46855 12-06 12,972.46 46911 12-08 108.37 46858 * 12-07 402.30 46912 12-07 1,024.08 46863 * 12-01 107.75 46913 12-06 360:00 46864 12-01 64.95 46914 12-07 50.65 46865 12-01 150.00 46915 12-06 722.00 46866 12-08 15,133.00 46916 12-16 554.93 46867 12-07 73,142.86 46917 12-08 445.70 46868 12-09 1,773.33 46918 12-08 6,821.66 46869 12-08 1,620.66 46919 12-19 30.16 46870 12-02 400.00 46920 12-08 246.01 46871 12-13 3,395.00 46921 12-08 798.22 46872 12-07 2,147.28 46922 12-21 425.00 46873 12-08 176.29 46923 12-06 963.86 46874 12-05 2,250.00 46925 * 12-13 6,250.00 46875 12-06 321.36 46927 * 12-12 3,451.89 46876 12-09 26,001.25 46928 12-09 1,500.00 46877 12-06 471.63 46929 12-09 100.84 46878 12-06 138.76 46930 12-14 147.38 46879 12- 12 1,000.00 46931 12-09 162.23 46881 * 12-08 1,250.00 46932 12-16 85.33 46882 12-06 4,250.00 46935 * 12-09 1,600.00 46883 12-07 16.10 46936 12-19 86.08 46884 12-09 60.00 46937 12-20 175.00 46886 * 1 2-09 958.06 46938 12- 15 452.38 46887 12-14 6,000.00 46939 12-23 500.00 46888 12-05 4,016.67 46940 12-19 995.19 46889 12-09 211.16 46943 * 12-19 510.00 46890 12-06 44.78 46944 12-19 1,069.20 46891 12-13 15,660.40 46945 12-29 3,010.40 46892 12-05 768.54 46947 * 12-19 295.62 46893 12-06 646.55 46948 12- 16 1,917.79 46894 12-14 700.00 46949 12-22 229.00 46895 12-05 25.00 46950 12-22 4,500.00 46896 12- 16 2,618.00 46951 12-14 450.00 46897 12-06 5.694.93 46952 12-15 10,750.00 46898 12-06 538.75 46953 12-23 200.00 46899 12-13 529.13 46954 12-20 34.21 46900 12-07 315.00 46955 12-15 8.00 46901 12-07 4,685.00 46956 12-21 2,000.00 46902 12-09 25,000.00 46957 12-22 1,400.00 46903 12-12 1,438.46 46958 12-12 5,000.00 46904 12-09 350.00 46959 12- 19 1,656.80 46905 12-13 1,075.00 46960 12- 15 157.74 46906 12-07 73.19 46961 12-19 7,177.50 46907 12-19 23.21 46962 12-19 457.61 46908 12-06 473.20 46963 12-27 54.76 46909 12-13 2,580.00 46964 12-22 200.00 n t 0 RabobQ% ( Notice: See reverse side for important information Rabobank �O 0� Page 3 of 38 c FRIENDS OF THE CULTURAL CENTER INC. w December 30, 2005 0007509359 Number Date Amount Number Date Amount 46965 12-19 68.40 47020 12-14 12,500.00 46966 12-27 750.00 47023 * 12-21 20.00 46967 12-19 153.67 47024 12-21 20.00 46968 12-28 189.28 47025 12-20 2,603.00 46969 12-14 3,663.50 47026 12-29 75.00 46970 12-19 1,551.51 47028 * 12-21 120.00 46971 12-19 4,890.74 47029 12-13 75.00 46972 12-20 112.12 47030 12-15 40.00 46973 12-19 154.00 47031 12-23 80.00 46974 12-19 3,750.00 47032 12-13 200.00 46975 12-09 556.21 47034 * 12-19 40.00 46976 12-14 26.87 47035 12-21 40.00 46977 12-19 750.00 47036 12-21 20.00 46978 12-16 328.70 47037 12-21 75.00 46979 12-12 422.08 47038 12-19 39.29 46980 12-21 120.29 47039 12-22 40.00 46981 12-20 500.00 47040 12-28 75.00 46982 12- 16 1,275.00 47042 * 12-19 227.50 46989 * 12-16 111.00 47043 12-23 808.13 46990 12-21 1,250.00 47044 12- 12 100.00 46991 12-14 16,350.69 47045 12- 16 275.00 46992 12-21 800.00 47046 12-22 4,600.00 46993 12-15 253.50 47047 12-16 180.67 46994 12-27 1,077.95 47048 12-20 100.00 46995 12-19 4,904.70 47049 12-19 20.00 46996 12-15 2,555.00 47050 12-14 25,000.00 46997 12- 16 127.00 47051 12-16 3,000.00 46998 12- 19 6,709.59 47053 * 12-22 130.01 46999 12- 19 50,000.00 47055 * 12-27 2,383.01 47000 12-19 1,965.00 47057 * 12-22 4,446.50 47001 12-21 45.79 47058 12-22 17,510.00 47002 12-13 5,744.71 47059 12-20 5,500.00 47003 12-16 1,000.00 47060 12-21 1,100.00 47004 12-16 230.00 47061 12-22 202.00 47005 12-15 48,000.00 47062 12-22 20,891.36 47006 12-19 690.00 47063 12-27 435.18 47007 12-14 22,500.00 47064 12-27 3,300.00 47008 12-21 193.20 47066 * 12-22 600.00 47009 12-19 48.00 47067 12-27 84.00 47010 12- 15 11.660.66 47069 * 12-21 300.00 47011 12-23 112.64 47070 12-21 64.07 47012 12-19 61.27 47071 12-21 136.00 47013 12-19 31.63 47072 12-21 263.50 47014 12-15 496.56 47073 12-21 4,364.75 47015 12-20 1,500.00 47074 12-20 645.66 47016 12- 19 17.57 47075 12-21 2,503.25 47018 * 12-19• 544.98 47076 12-20 992.06 47019 12-14 5,983.65 47077 12-27 14,700.00 Rabobak � j Notice: See reverse side A 'mportant informatiol Rabobank �O -. Page 4 of 38 FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 _ 0007509359 Number Date Amount Number Date Amount 47078 12-21 4,738.00 47129 12-29 29.74 47079 12-28 430.00 47131 * 12-29 453.72 47080 12-21 340.00 47134 * 12-27 209.97 47081 12-23 45.24 47135 12-30 203.95 47082 12-19 81.09 47136 12-27 910.00 47083 12-22 129.30 47137 12-28 1,500.00 47084 12-28 4,142.50 47138 12-28 1,000.00 47085 12-23 650.00 47139 12-29 2,705.02 47086 12-21 123.91 47142 * 12-28 581.52 47089 * 12-21 735.00 47143 12-27 2,343.57 47090 12-27 26,736.00 47146 * 12-28 8,744.99 47093 * 12-28 64.95 47147 12-27 66.25 47094 12-22 194.40 47151 * 12-28 652.99 47095 12-28 40.00 47152 12-23 30.00 47097 * 12-22 135.00 47153 12-29 71.54 47099 * 12-21 90.00 47154 12-27 845.00 47102 * 12-27 40.00 47155 12-30 3,233.78 47103 12-23 80.00 47156 12-29 699.31 47104 12-30 40.00 47159 * 12-29 388.18 47106 * 12-30 40.00 47163 * 12-28 17,900.00 47107 12-22 60.00 47166 * 12-30 40.00 47110 * 12-21 40.00 47167 12-28 30.00 47111 12-23 40.00 47171 * 12-28 115.70 47112 12-21 10.00 47174 * 12-29 80.00 47113 12-27 40.00 47175 12-29 300.00 47116 * 12-21 40.00 47176 12-29 40.00 47117 12-28 10.00 47178 * 12-27 13,000.00 47118 12-27 225.00 100148 * 12-02 37.01 47119 12-23 20.00 100149 12-09 153.25 47120 12-20 5,928.94 100150 12-02 75.00 47121 12-29 113.51 100151 12-09 272.15 47122 12-27 442.75 100152 12-09 153.25 47124 * 12-29 1,562.62 100153 12-14 50.00 47125 12-29 1,572.53 100154 12-30 66.14 47126 12-30 31.97 * Skip in check sequence 47128 * 12-23 4,516.67 DEBITS Date Description 12-01 ' ACH Debit MERCHANT BNKCD DEPOSIT 051201 434218835883 12-02 ' ACH Debit DISCOVER NETWORK SETTLEMENT 051202 601101752157287 Subtractions 5.000.00 Rabobaii( r' Rabobank FRIENDS OF THE CULTURAL _CENTER INC. December 30, 2005 _ Date Description 12-05 ACH Debit MERCHANT BNKCD FEE 051205 434218835883 12-05 ACH Debit AMERICAN EXPRESS AXP DISCNT 051205 5048267843 j Notice: See reverse side f rQ important information 0\0) Page 5 of 38 c `O� V 0007509359 Subtractions 12,065.22 2,512.50 12-07 ' Telephone Transfer 128,000.00 TO ACC 00007509340 12-16 ACH Debit 134.00 PAYCHEX-HRS HRS PMT 051216 6968675 12-21 Telephone Transfer 123,100.00 TO ACC 00007509340 12-22 ACH Debit 110.00 MERCHANT BNKCD CHARGEBACK 051222 434218835883 12-27 Direct S/C 15.00 ONLINE STOP PAY CREDITS Date Description Additions 12-01 ACH Credit 34,469.86 TICKETS.COM INC SETTLEMENT 051201 FRIENDS OTC 12-01 ACH Credit 20,050.00 MERCHANT BNKCD DEPOSIT 051201 434218835883 12-01 Deposit 11,590.00 12-01 ACH Credit 9,701.00 MERCHANT BNKCD DEPOSIT 051201 434218835883 12-01 Deposit 2,580.00 12-01 ACH Credit 1,492.00 AMERICAN EXPRESS SETTLEMENT 051201 ACCOUNTING 12-01 Deposit 1,310.00 12-01 ACH Credit 680.00 DISCOVER NETWORK SETTLEMENT 051201 601101752157287 12-01 Deposit 210.15 12-02 ACH Credit 8,779.00 MERCHANT BNKCD DEPOSIT 051202. 434218835883 12-02 ' ACH Credit 4,707.50 AMERICAN EXPRESS SETTLEMENT 051202 ACCOUNTING Raboba(' / Notice: See reverse side for important informatiol Rabobank Page 6 of 38 CO� FRIENDS OF THE CULTURAL CENTER INC. V December 30, 2005 _ 0007509359 Date Description Additions 12-02 ACH Credit 2,775.00 MERCHANT BNKCD DEPOSIT 051202 434218835883 12-02 ACH Credit 343.64 MERCHANT BNKCD DEPOSIT 051202 434218835883 12-05 ' ACH Credit 14,580.00 AMERICAN EXPRESS SETTLEMENT 051205 ACCOUNTING 12-05 Deposit 12,436.57 12-05 ACH Credit 8,988.00 MERCHANT BNKCD DEPOSIT 051205 434218835883 12-05 ACH Credit 7,100.00 MERCHANT BNKCD DEPOSIT 051205 434218835883 12-05 ACH Credit 5,128.98 AMERICAN EXPRESS SETTLEMENT 051205 ACCOUNTING 12-05 Deposit 2,866.67 12-05 Deposit 1,154.00 12-05 Deposit 1,085.00 12-05 Deposit 679.00 12-05 Deposit 504.00 12-05 Deposit 485.00 12-05 Deposit 462.00 12-05 Deposit 403.00 12-05 Deposit 255.00 12-05 ACH Credit 130.00 DISCOVER NETWORK SETTLEMENT 051205 601101752157287 12-05 Deposit 101.00 12-06 ACH Credit 14.408.00 MERCHANT BNKCD DEPOSIT 051206 434218835883 12-06 ' ACH Credit 7,307.00 MERCHANT BNKCD DEPOSIT 051206 434218835883 12-06 Deposit 4,198.16 12-06 ACH Credit 4,104.00 AMERICAN EXPRESS SETTLEMENT 051206 ACCOUNTING 12-06 ' ACH Credit 2,870.00 MERCHANT BNKCD DEPOSIT 051206 434218835883 12-06 Deposit 1,780.00 n J :) J Q RlabobQ f Notice: See revers_ ' 1 portan t in formatio, O� •- Rabobank O\� f - Page 7 of 38 FRIENDS OF THE CULTURAL -CENTER INC. December 30, 2005 0007509359 Date Description Additions 12-06 ACH Credit 1,400.00 MERCHANT BNKCD DEPOSIT 051206 434218835883 12-06 ACH Credit 1,270.00 MERCHANT BNKCD DEPOSIT 051206 434218835883 12-06 Deposit 1,255.00 12-06 ACH Credit 885.00 DISCOVER NETWORK SETTLEMENT 051206 601101752157287 12-06 ACH Credit 440.00 DISCOVER NETWORK SETTLEMENT 051206 601101752157287 12-06 ACH Credit 62.00 DISCOVER NETWORK SETTLEMENT 051206 601101752157287 12-07 ACH Credit 16,266.00 MERCHANT BNKCD DEPOSIT 051207 434218835883 12-07 Deposit 1,725.00 12-07 ACH Credit 1,400.00 MERCHANT BNKCD DEPOSIT 051207 43421BS35883 12-07 Deposit 1,070.00 12-07 Deposit 851.00 12-07 ACH Credit 5.00 AMERICAN EXPRESS SETTLEMENT 051207 ACCOUNTING 12-08 Deposit 250,000.00 12-08 ACH Credit 25,849.96 TICKETS.COM INC SETTLEMENT 051208 FRIENDS OTC 12-08 ACH Credit 11,215.00 MERCHANT BNKCD DEPOSIT 051208 434218835883 12-08 ACH Credit 1,020.00 DISCOVER NETWORK SETTLEMENT 051208 601101752157287 12-08 Deposit 715.00 12-08 ACH Credit 540.00 AMERICAN EXPRESS SETTLEMENT 05120E ACCOUNTING 12-08 ' ACH Credit - 25.00 MERCHANT BNKCD CHGBK REV 051208 434216835863 12-09 ACH Credit 22,595.00 AMERICAN EXPRESS SETTLEMENT 051209 ACCOUNTING 3`� fS Raboba►; t` Rabobank FRIENDS OF THE CULTURAL .CENTER INC. December 30, 2005 - Date Description 12-09 ACH Credit MERCHANT BNKCD DEPOSIT 051209 434218835883 12-09 ACH Credit MERCHANT BNKCD DEPOSIT 051209 434218835883 Notice: See reverse side for i octant informatia �O Page 8 of 38 cO� V 0007509359 Additions 13,400.00 11,198.00 12-09 Deposit 7,050.00 12-09 Deposit 1,906.57 12-09 Deposit 500.00 12-09 ACH Credit 195.00 DISCOVER NETWORK SETTLEMENT 051209 601101752157287 12-09 Deposit 130.00 12-12 ACH Credit 7,003.00 MERCHANT BNKCD DEPOSIT 051212 434218835883 12-12 ACH Credit 6,180.00 AMERICAN EXPRESS SETTLEMENT 051212 ACCOUNTING 12-12 Deposit 4,095.00 12-12 ACH Credit 3,855.00 AMERICAN EXPRESS SETTLEMENT 051212 ACCOUNTING 12-12 Deposit 1,107.00 12-12 ACH Credit 845.00 MERCHANT BNKCD DEPOSIT 051212 434218835883 12-12 Deposit 841.00 12- 12 Deposit 622.00 12-12 ACH Credit 310.00 DISCOVER NETWORK SETTLEMENT 051212 601101752157267 12-12 Deposit 107.00 12-13 Deposit 29,050.00 12- 13 ACH Credit 14,152.00 MERCHANT BNKCD DEPOSIT 051213 434218835883 12- 13 ACH Credit 6,270.00 MERCHANT BNKCD DEPOSIT 051213 434218835883 12- 13 ACH Credit 2,459.00 AMERICAN EXPRESS SETTLEMENT 051213 ACCOUNTING 12- 13 ACH Credit 1,690.00 MERCHANT BNKCD DEPOSIT 051213 434218835883 12-13 Deposit 12-13 Deposit 602.00 525.00 lJJ� Rabobai r Rabobank FRIENDS OF THE CULTURAL _CENTER INC. December 30, 2005 - Date Description 12— 13 ' ACH Credit DISCOVER NETWORK SETTLEMENT 051213 601101752157287 Notice: See reverse side f important informatioi �\Q Page 9 of 38 cO� V 0007509359 Additions 460.00 12-13 Deposit 370.00 12-13 ACH Credit 270.00 MERCHANT BNKCD DEPOSIT 051213 - 434218835883 12-13 ACH Credit 245.00 DISCOVER NETWORK SETTLEMENT 051213 601101752157287 12-13 Deposit 220.00 12-13 ACH Credit 125.00 DISCOVER NETWORK SETTLEMENT 051213 601101752157287 12-14 Deposit 14,992.07 12-14 ACH Credit 14,840.00 MERCHANT BNKCD DEPOSIT 051214 434218835883 12-14 ACH Credit 1,605.00 AMERICAN EXPRESS SETTLEMENT 051214 ACCOUNTING 12— 14 ACH Credit 1,215.00 MERCHANT BNKCD DEPOSIT 051214 434218835883 12-14 Deposit 920.00 12— 14 Deposit 768.00 12— 14 Deposit 724.00 12— 14 Deposit 422.85 12-14 ACH Credit 80.00 DISCOVER NETWORK SETTLEMENT 051214 601101752157287 12— 15 ACH Credit 20,454.00 TICKETS.COM INC SETTLEMENT 051215 FRIENDS OTC 12— 15 ACH Credit 7,265.00 MERCHANT BNKCD DEPOSIT 051215 434218835883 12-15 ACH Credit 6,475.00 MERCHANT BNKCD DEPOSIT 051215 434218835883 12— 15 Deposit 1,456.58 12— 15 ACH Credit 635.00 AMERICAN EXPRESS SETTLEMENT 051215 ACCOUNTING 12— 15 ACH Credit 565.00 DISCOVER NETWORK SETTLEMENT 051215 601101752157287 12— 15 Deposit 359.00 Rabobac` Rabobank i FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 - Date Description 12-15 Deposit 12-16 ACH Credit MERCHANT BNKCD DEPOSIT 051216 434218835883 Notice: See reverse side fltant informatior �O\v Page 10 of 38 0007509359 Additions 260.00 Tii�1CiITi><iTi; 12-16 ACH Credit 12,005.00 MERCHANT BNKCD DEPOSIT 051216 434218835883 12-16 ' ACH Credit 6,395.00 MERCHANT BNKCD DEPOSIT 051216 434218835883 12-16 ACH Credit 5,729.00 AMERICAN EXPRESS SETTLEMENT 051216 ACCOUNTING 12-16 Deposit 2,227.81 12-16 Deposit 610.00 12-16 ACH Credit 235.00 DISCOVER NETWORK SETTLEMENT 051216 601101752157287 12-19 ' ACH Credit 9,800.00 MERCHANT BNKCD DEPOSIT 051219 434218835883 12-19 ACH Credit 5,258.00 MERCHANT BNKCD DEPOSIT 051219 434218835883 12- 19 ACH Credit 2,790.00 AMERICAN EXPRESS SETTLEMENT 051219 ACCOUNTING 12-19 ACH Credit 2,620.00 AMERICAN EXPRESS SETTLEMENT 051219 ACCOUNTING 12-19 ' Deposit 2,600.00 12-19 Deposit 1.315.00 12-19 Deposit 1,130.00 12-19 Deposit 897.00 12-19 Deposit 304.00 12-19 Deposit 200.00 12-20 ACH Credit 7,630.00 MERCHANT BNKCD DEPOSIT 051220 434218835883 12-20 ACH Credit 6,330.00 MERCHANT BNKCD DEPOSIT 051220 434218835883 12-20 ACH Credit 3,337.00 MERCHANT BNKCD DEPOSIT 051220 434218835883 12-20 ` ACH Credit 510.00 AMERICAN EXPRESS SETTLEMENT 051220 ACCOUNTING v*J r Rabobai'- r •,.4... Rabobank t FRIENDS OF THE CULTURAL _CENTER INC. December 30, 2005 Date Description 12-20 ' ACH Credit DISCOVER NETWORK SETTLEMENT 051220 601101752157287 j Notice: See reverse s portant informatior �\1- c�\v Page 11 of 38 v 0007509359 Additions 90.00 12-20 ' ACH Credit 65.00 DISCOVER NETWORK SETTLEMENT 051220 601101752157287 12-21 Deposit 30,186.04 12-2 1 ACH Credit 14,125.00 MERCHANT BNKCD DEPOSIT 051221 434218835883 12-21 ACH Credit 10,595.00 MERCHANT BNKCD DEPOSIT 051221 434218835883 12-21 Deposit 5,350.00 12-21 ACH Credit 2,335.00 AMERICAN EXPRESS SETTLEMENT 051221 ACCOUNTING 12-21 Deposit 420.00 12-21 ' Deposit 200.00 12-22 ACH Credit 24,500.97 TICKETS.COM INC SETTLEMENT 051222 FRIENDS OTC 12-22 ACH Credit 9,837.00 MERCHANT BNKCD DEPOSIT 051222 434218835883 12-22 ' .Deposit 5,687.77 12-22 Deposit 1,505.00 12-22 ACH Credit 1,370.00 MERCHANT BNKCD DEPOSIT 051222 434218835863 12-22 Deposit 160.00 12-22 ACH Credit 125.00 AMERICAN EXPRESS SETTLEMENT 051222 ACCOUNTING 12-22 ACH Credit 95.00 DISCOVER NETWORK SETTLEMENT 051222 601101752157287 12-23 ACH Credit 9,125.00 MERCHANT BNKCD DEPOSIT 051223 434218835883 12-23 ACH Credit 2,240.00 AMERICAN EXPRESS SETTLEMENT 051223 ACCOUNTING 12-23 ACH Credit 30.00 DISCOVER NETWORK SETTLEMENT 051223 601101752157287 V RQbObQC, ' Notice: See reverse side ntinformation Rabobank 0\� Page 12 of 38 FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 - 0007509359 Date Description Additions 12-27 ' ACH Credit 10,212.00 AMERICAN EXPRESS SETTLEMENT 051227 ACCOUNTING _ 12-27 ACH Credit 9,705.00 MERCHANT BNKCD DEPOSIT 051227 434218835883 12-27 ACH Credit 2,880.00 AMERICAN EXPRESS SETTLEMENT 051227 ACCOUNTING 12-27 ACH Credit 450.00 MERCHANT BNKCD DEPOSIT 051227 434218835883 12-27 ' ACH Credit 208.24 MERCHANT BNKCD DEPOSIT 051227 434218835883 12-27 ACH Credit 35.00 DISCOVER NETWORK SETTLEMENT 051227 601101752157287 12-28 Deposit 18,819.45 12-28 Deposit 5,976.55 12-28 Deposit 1,765.00 12-28 ACH Credit 350.00 DISCOVER NETWORK SETTLEMENT 051228 601101752157287 12-28 Deposit 225.00 12-29 ACH Credit 15,135.00 MERCHANT BNKCD DEPOSIT 051229 434218835883 12-29 Deposit 7,525.43 12-29 Deposit 1,520.00 12-30 Deposit 30,000.00 12-30 ACH Credit 22,587.06 TICKETS.COM INC SETTLEMENT 051230 FRIENDS OTC 12-30 Deposit 12-30 ACH Credit MERCHANT BNKCD DEPOSIT 051230 434218835883 12-30 ACH Credit MERCHANT BNKCD DEPOSIT 051230 434218835883 12-30 Deposit DAILY BALANCES Date Amount Date Amount 1 1-30 178,550.85 12-02 237,519.95 12-01 228,592.75 12-05 269,755.24 14,3 25.00 10,279.40 8,773.00 490.00 Date Amount 12-06 281,881.59 12-07 89,525.17 Rabobank Rabobat Notice:5eereversesid ��*tantinformation �O CO� Page 13 of 38 v FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 Date Amount Date 12-08 351,595.22 12-16 12-09 349,593.58 12-19 Amount 403,575.76 341,489.45 12-12 363,106.45 12-20 341,321.77 12-13 382,920.80 12-21 261,455.05 12-14 325,1 15.63 12-22 249,358.22 12-15 288,21 1.37 12-23 253,670.54 0007509359 Date Amount 12-27 209,502.34 12-28 201,161.41 12-29 214,240.27 12-30 297,038.89 Thank you for banking with Rabobank 4L JUt� Rabobank, N.A. A! Rabobank Last statement: February 28, 2006 This statement: March 31, 2006 Total days in statement period) 31 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE RESTRICTED FUNDS ACCOUNT 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice. See reverse side for important informatic Page 1 of 2 0007602235 (0) Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Business Money Market Account Account number Avg collected balance Interest paid year to date DEBITS Date Description 03-28 ' Telephone Transfer TO ACC 00007509359 CREDITS Date Description 03-31 ' Interest Credit DAILY BALANCES Date Amount 02-28 563,805.96 0007602235 Beginning balance $499,289.00 Total additions $6,507.21 Total subtractions Ending balance $563,805.96 966.23 500,000.00 $64,772.19 Subtractions —500,000.00 Additions 966.23 Date Amount Date Amount 03-28 63,805.96 03-31 64,772.19 T RN Rabobank, N.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. March 31, 2006 INTEREST INFORMATION Annual percentage yield earned Interest —bearing days Average balance for APY Interest earned Page 2 of- 2 2.30% 31 $499,289.83 $966.23 Thank you for banking with Rabobank Notice. See reverse side for importantinformatioi t0`O� V 0007602235 n" � Rabobank, N.A. Rabobank Last statement April 28, 2006 This statement: May 31, 2006 Total days in statement period: 33 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE RESTRICTED FUNDS ACCOUNT 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice: See reverse side for important information Page 1 of 1 0007602235 (0) Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Business Money Market Account Account number 0007602235 Beginning balance $865,623.75 Avg collected balance $959,563.00 Total additions 101,995.36 Interest paid year to date $9.354.13 Total subtractions 0.00 Ending balance $967,619.11 CREDITS Date Description Additions 05-01 Telephone Transfer 100.000.00 FR ACC 00007509359 05-31 Interest Credit 1,995.36 DAILY BALANCES Date Amount Date Amount Date Amount 04-28 865,623.75 05-01 965,623.75 05-31 967,619.11 INTEREST INFORMATION Annual percentage yield earned 2.32% Interest -bearing days 33 Average balance for APY $959,563.14 Interest earned $1,995.36 Thank you for banking with Rabobank n^r) ..� ) ' u�u.0 rn L.nl.an4o.v.nri�n r..w. Rabobank, N.A. S,f Rabobank Last statement: March 31, 2006 This statement: April 28, 2006 Total days in statement period' 28 fio MAY 0 5 2006 e 1 of 2 107602235 --- -- -- - (0 ) -Direct inquiries to: 760-346-0228 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE RESTRICTED FUNDS ACCOUNT 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice. See reverse side for important informatio Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WERE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Business Money Market Account Account number 0007602235 Beginning balance $64,772.19 Avg collected balance $507,629.00 Total additions 800,851.56 Interest paid year to date $7,358.77 Total subtractions 0.00 Ending balance $865,623.75 CREDITS Date Description Additions 04-06 Telephone Transfer 100,000.00 FR ACC 00007509359 04-1 1 Telephone Transfer 200,000.00 FR ACC 00007509359 04-12 ' Telephone Transfer 200,000.00 FR ACC 00007509359 04- 14 Telephone Transfer 100,000.00 FR ACC 00007509359 04-21 Telephone Transfer 200,000.00 FR ACC 00007509359 04-28 Interest Credit 851.56 Rabobank, N.A. FRIENDS OF THE CULTURAL CENTER INC. April 28, 2006 DAILY BALANCES Notice. See reverse side fo�portant information �O Page 2 of 2 c `0 V 0007602235 Date Amount Date Amount Date 03-31 64,772. 19 04- 12 564,772.19 04-28 04-06 164,772.19 04- 14 664,772.19 04-11 364,772.19 04-21 864,772.19 INTEREST INFORMATION Annual percentage yield earned 2.21 % Interest -bearing days 28 Average balance for APY $507,629.33 Interest earned $851.56 Thank you for banking with Rabobank Amount 865,623.75 0f Rabobank, N.A. Rabobank Last statement November 30, 2005 This statement December 30, 2005 Total days in statement period` 30 FRIENDS OF THE CULTURAL CENTER INC. DBA MCCALLUM THEATRE RESTRICTED FUNDS ACCOUNT 73000 FRED WARING DR PALM DESERT CA 92260-2800 Notice: See reverse side for important information Page 1 of 2 0007602235 (0) Direct inquiries to: 760-346-0228 Rabobank 42-005 Cook St Suite 310 Palm Desert CA 92260 COME EXPERIENCE WHAT SOME CUSTOMERS ARE CALLING -THE BEST BANK IN OUR AREA!- IN RESPONSE TO OUR RECENT CUSTOMER SATISFACTION SURVEY, RABOBANK RECEIVED HIGH MARKS FOR FRIENDLINESS, ACCESSIBLITY, AND ACCURACY OF SERVICE! WE'RE THRILLED TO LEARN YOU'RE ENJOYING THE GREAT SERVICE WE STRIVE TO PROVIDE! SHARE YOUR BANKING EXPERIENCE TODAY BY EMAILING MYEXPERIENCE@RABOBANK.COM! WE'D LOVE TO HEAR YOUR COMMENTS! Business Money Market Account Account number Avg collected balance Interest paid year to date CREDITS Date Description 12-30 ' Interest Credit DAILY BALANCES Date Amount 1 1-30 1,555,069.63 INTEREST INFORMATION Annual percentage yield earned Interest -bearing days Average balance for APY Interest earned 0007602235 Beginning balance $1.555,069.00 Total additions $10,620.18 Total subtractions Ending balance Date Amount 12-30 1,558,264.98 Date 2.53% 30 $1,555,069.63 $3,195.35 $1,555,069.63 3,195.35 0.00 $1,558,264.98 Additions 3,195.35 Amount 6� i°e`wo w Rabobank, N.A. Rabobank FRIENDS OF THE CULTURAL CENTER INC. December 30, 2005 Notice: See reverse side for important information O� Page 2 of 2 cO 0007602235 Interest for 2005 to be reported to the Internal Revenue Service on your tax return is $10,620.18 Thank you for banking with Rabobank !7 �uunu rahnhanlramori�a �nm Attachment C tit, 2005 > 06 A WORLD OF MUSIC, DANCE, THEATRE & PERFORMANCE C n c"a r • ic C , THEATRE DANCE IMPORTANT INFORMATION MUSIC VISUAL ARTS -please read carefully. The Education Division of the McCallum Theatre With the Field Trip Series it is our intent to offer the best for the Performing Arts artists in music, dance and theatre to the youth of the region. The Series, designed with a multicultural focus, McCallum Theatre Institute is based on the premise that the arts are as important 7300o Fred Waring iDrve Palm Desert, CA9226o and necessary to the learning process as other traditional (760) 346-6505 subjects. It is our hope that educators will find ways to (76o) 341-95o8 FAR incorporate McCallum performance experiences with WWW.MCCALLUMTHEATRE.COM the core curriculum. Member of the Association of FT performances are offered at no cost to schools Institutes for Aesthetic Education and students thanks to generous underwriting from individual donors, foundations and municipalities. MCCALLUM 110 ZOQS) O6 A WORLD of Mua (� Keyboard Conversations® with Jeffrey Siegel Monday, October 3, 2005 10:30 am Length: i hour Recommended Grades: 5-12 Q Do Jump! Extremely Physical Theater Tuesday, October 11, 2005 9:30 am & 11:00 am Length: i hour Recommended Grades: K-i2 Q Imago Theatre: "Frogz" Tuesday, October 18, 2005 9:30 am & 11:00 am Length: i hour Recommended Grades: K-i2 Q Dallas Children's Theater: "The Stinky Cheese Man and other Fair(1)y (Stoopid) Tales" Thursday, October 20, 2004 9:30 am & 11:00 am Length: i hour Recommended Grades: K-12 Q Brent Scarpo: "Journey to a Hate Free Millennium" Wednesday, October 26, 2005 10:00 am Length: i hour Recommended Grades: ii-12 0 Culture Shock San Diego Thursday, October 27, 2005 9:30 am & 11:00 am Length: i hour Recommended Grades: 2-i2 Q Pacifico Dance Theatre Monday, November 7, 2005 9:30 am & 11:00 am Length: i hour Recommended Grades: K-12 O Gayle LaJoye: "Snowflake" Wednesday, November 16, 2005 9:00 am & 11:00 am Length: i hour Recommended Grades: K-i2 O Metta Quintet "Hangin' with the Giants" Thursday, January 12, 2006 9:30 am & 11:00 am Length: i hour Recommended Grades: K-5 0 Imago Theatre: "Biglittlethings" Tuesday, January 24, 2006 9:30 am & 11:00 am Length: i hour Recommended Grades: K-12 0 Omaha Theater Company: "Berenstain Bears On Stage!" Tuesday, February 21, 2006 9:30 am & 11:00 am Length: i hour Recommended Grades: K-4 O Pat Mendoza: "Stories and Songs from Three Cultures" Support for this performance is provided by Palm Springs Friends of Philharmonic. Wednesday, April 19th, 2006 9:30 am & 11:00 am Length: i hour Recommended Grades: 3-i2 -q 0 0 1 n ro N N V ww o n 3 v `G u, o- cn c CD a o ? m ,� Cl). m m'- v =r ro � CD vA N =o o m c 4 m a rtCD =' = m ; CD mm (� v m p ro o cc O� c o 3 3 m O Co C o Q wm -+ 0 o m CD x. n o p� fl, C� 3 -v a `�° 0 o m v , f o < CD ro oo C- c c m aD o ? z m m 3 D n C 03 N (D 3 3 � 3 ro C c fA Q. `G -' CD :3 (D 0 CL +G 00 C oa ? 0 m Q- S11 c_ 0) `2 co C C Vl 0_ G t c C v C C fA O. +G o N 3 N 0 Q- w t< O ro N 0 CL m � O ro C C Q `�<-� OZ << 3� N 3 c N Q Q O N 3 c 0- Q O a- -' C ro Q 0 o0• m 0 ? c � a `G Q p CD CD cn 0 Q 0 t< o cr c� 0 � tD -I O w N 0 co co co co co co cD co co cD w c0 (o w 0 w 0 w o o 0 w 0 is 0 w 0 w 0 w 0 o 0 0 10 w 0 w 0 w � L(D 0 0 0 0 0 0 0 0 o iw m 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 5' cQ 'O ro Z OO Iv N -- to N N N N N N N N N N Q sy cD O � Cs O tD N m o �N-7r CD CL �D ;u 'p ? '< cD (D O 0 2 3 �' cD MO (D � N C m �' c P« CD n7 THE MCCALLUM THEATRE IT'S YOUR THEATRE... ... AT YOUR SCHOOL! IN PERFORMANCE THE POETRY OF SHEL SILUERSTEIN "This piece truly proves the value of integrating performing arts with litera- ture -based curriculum. What a treat for all]" --- Lora Cathcart, Kindergarten Teacher, Gerald Ford Elementary School "From the moment the Hug o' Warriors lace up their colorful high -tops, you can feel the humor of Shel Silverstein's poetry bursting to life!" --- Nancy Duteau, 3rd Grade Teacher, Amelia Earhart Elementary School A SELECTION OF 29 POEMS FROM "WHERE THE SIDEWALK ENDS" BY SHEL SILVERSTEIN WITH ORIGINAL MUSICAL ACCOMPANIMENT. If you are a dreamer, come in ... for where the sidewalk ends, Shel Silverstein's world begins. You'll meet Jimmy Jet, Dirty Dan and Little Peggy Ann McKay. Hector the Collector and the Glurpy Slurpy Skakagrall live here and so does the chickie who doesn't want to hatch. It's a place where you wash your shadow and crocodiles go to the dentist, and dentists go, well — where do they go? Shel Silverstein's masterful poetry — at once outrageously funny and profound — stands out in this 40-minute performance piece featuring two actors and one musician. This performance will entertain young and old. In Performance — The Poetry of Shel Silverstein, the result of a collaborative artistic process, was produced by the McCallum Theatre Institute as one of several productions to tour local schools in the 2003/2004 school year and beyond. This performance is ideal for stage, gymnasium, multi -purpose, libraryand classroom spaces. Performed by: The Hug o' Warriors: Jeanette T. Knight, Tod A. Kent, Paul Cracchiolo Technical Specifications: Running time: 40 minutes, no interruptions Personnel: 2 actors, 1 musician, 1 stage manager Playing area: 15'wide x 15' deep (minimum) Load -in time: 30 minutes Strike time: 30 minutes Audio Requirements: Piano — grand or upright, tuned to A-440 (Keyboard and sound are available at an added cost of $100.) Cost: 1 performance (up to 400 students) —$500. Second performance (same school, same day)—$350. Third performance (same school, same day) —$250 For keyboard and sound, add $100. ?7 3 BRENT SCARPO: JOURNEY TO A HATE FREE MILLENNIUM The McCallum Theatre Institute in association with New Light Media proudly presents Brent Scarpo and the educational version of his award winning film/documentary, Journey to a Hate Free Millennium. This inspiring documentary seeks solutions to the horrible hate crimes that have become current events in our daily lives. This stirring film features examples straight from the headlines: the vicious murder of Matthew Shepard in Wyoming; the horrendous dragging death of James Byrd, Jr. in Texas; and the unfathomable shootings by high school students in Colorado. It not only asks the question why, but begs for answers. The footage encourages dialogue and action in putting a stop to these senseless acts of violence and hate that have now become entrenched in our society. Filmmaker Brent Scarpo presents the film as well as his educational presentation which was nominated by Campus Awards for Entertainer of the Year in the Lecturer category as well as presented at the NEA National Conference in Chicago. Focusing on the issues of hate and bullying on school campuses, this program is crucial in our quest to end the violence and allowing both students and educators a safe place to learn, free of hate. Brent Scarpo will donate to each booking school FIVE Journey Educational Kits which include curriculum approved educational guide as well as both versions of the film. This allows schools to continue the message by going more in-depth long after Brent has left the campus. Presented by: Brent Scarpo Technical Specifications: Running time: 60 - 90 minutes Personnel: Brent Scarpo Load -in time: 60 minutes Strike time: 15 minutes Requirements: One hand held microphone VHS video player/projector with sound and large screen Podium A raised speaking area if speaking in a flat room 2 boftles of water Cost: 1 performance (up to 4000 students) —$1000 Second performance (same day) —$750 .......THE GIANT WHO HAD NO HEART mm Award -winning storyteller Karen Rae Kraut and musician bring a unique mix of music, movement, story and song to their re -telling of "The Giant Who Had No Heart," a Norwegian folktale with a twist. The Ash Boy must save his six brothers and a yodeling cowgirl princess from a ferocious giant. With the help of the animals he meets in the deep, dark forest everyone lives happily ever after. Throughout this hair-raising adventure Kraut and musician team up to sing "Am I Blue," "The Green Grass Grows All Around," and "I Wanna Be the Ash Boy's Sweetheart." Zany humor, puppets, super heroics and lots of audience participation are the order of the day. Kraut's CD Cooler Water Cora and Other Stories is the winner of a National Parenting Publications Honors Award and and iParenting Media Award for Audio Excellence. Performed by Karen Rae Kraut and Musician Technical Specifications: Running time: 45-60 minutes Personnel: 1 storyteller/1 musician Load -in time: 1 hour Strike time: 45 minutes Requirements: Power source for sound system, I table, 2 chairs Cost: 1 performance (up to 200 students) —$350 Second performance (same school, same day) —$275 Third performance (same school, same day) —$200 5 BOOKING INFO (for all MTl touring performances) Kristine Pappone Touring Initiative Coordinator Phone (760) 346-6505 ext.143 E-mail KPappone@mccallum-theatre.org McCallum Theatre Institute 73000 Fred Waring Drive Palm Desert, CA 92260 www.mccallumtheatre.com theatre • dance • music • visual arts 9 TKIE 1[ aun, MCCALLUM raasy r+cs ltldttY6 esttc, tgttc •tttltT •— C9 THEME Z 11 S T I T U T E REFLECTIONS An Introduction to tke Aestketic r-ducation Frogram ,7 " INTRODUCTION by Kajsa Thuresson-Frary, Education Director "It is not the incorporation of aesthetic education into the school's curricula that makes the significant difference. It is the teacher who makes the difference; his/her own cherishing of experiences with the arts; his/her own reflections on the way particular encounters have opened vistas, revealed alternative ways of living and being, exposed some ultimate mysteries. - Maxine Green "It is only upon reflection that we comprehend experience.' - John Dewey "The dictionary defines the word 'aesthetic' as sensitive to appreciation of beauty and pleasing in appearance. Aesthetic education then involves real life experiences, such as role-playing, hands-on activities and viewing performances that lead a viewer through questions and reflection to a response to these stimuli. These real life experiences produce the greatest learning and the longest retention for a student." -Chris Slaback Roosevelt Elementary "What I noticed that was distinctive of the Aesthetic Education Program was the order in which the information was presented. It was as if you were going into it blind, encouraging you to live in the moment and not predict the purpose of what you were doing. Nevertheless, the activities were always directly or indirectly related to the accumulative project. The "blind" layering fostered creativity and left the students open, allowing interest at each stage without ego or its associated obstructions." -Jennifer Pavia Desert Mirage high School " The Aesthetic Education Program is a circular process reflection are all interrelated." The core elements; inquiry, context, art making and -Patricia Armstrong Instituto Lizardi, Mexico "What I believe the philosophy of aesthetic education to be is to give the students the right to question, analyze, reflect and have an actual connection or passion toward their learning about a work of art. Art draws out their individuality, their own imagination and curiosity." -Donna Dunphy Onaga Elementary "I believe that we live in such a multi -media interactive society, that students are sometimes expecting to use your imagination rather than their own. Developing student imaginations is an important aspect of the Aesthetic Education Program. -Mara Freeman Torro Canyon Middle School "The aesthetic education philosophy is that you can teach students with enjoyable, fun, and engaging programs where the students/teachers creativity counts and not tie their hands to just do things in a certain way." -Cristina Moreno Saul Martinez Elementary "There was much more risk -taking in this setting than normally found in classroom settings. The questions created more possibilities for learning and also allowed for the unexpected." -Nancy Turner Roosevelt Elementary [Works of art as objects of study "We were encouraged to list what we noticed about the work of art (Connections). As a result, I noticed striking colors, classical ballet, tap combinations, gymnastics, a door dance and fabric dance, cages and facial expressions. incorporated into the presentation. A few questions that came to mind were, is there more to it than we are seeing? What is the intention of using fabric during the ballet piece? Can you achieve closeness without physical proximity?" Veronica Delgado Roosevelt Elementary -5 Xo "The work of art that I enjoyed the most was Sha Sha Higby's performance art. I believe that I enjoyed it the most because I finally understood that the activities we were doing in class were all connected to something she would be doing later." -Donna Dunphy Onaga Elementary "I quickly realized that adding aesthetic education to curriculum by teaching about focus works better addresses the California Standards for Fine Arts." -Lani S. Ray Roosevelt Elementary "An important value of understanding others' perspectives through the exploration of a work of art is that it leads to recognizing and understanding other cultures." _Patricia Armstrong Instituto Lizardi, Mexico "My connection to this work (In Performance, The Poetry of Shed Silverstein) is highly related to my position as literacy coach at my school site.I see this work as aforementioned a bridge to educational options crucial to the needs of unique learners.." -Paula Cieslikowski Lincoln Elementary "The Marie de la Palme performance was outstanding. Cages, a work in progress, involved the use of creative cages that people danced with. My initial reaction to the cages was negative. I did enjoy the conversation with the choreographer afterwards. It was interesting hearing about the cages: the motivation, their creation, modifications, and maintenance." -David Ritland Elementary music teacher "Thinking back, l wondered why I seemed to find Sha Sha Higby's work so intriguing? Could it be that having created costumes, puppets, and designed silk scarves, made paper, visited Japan and spent years with professional dance my self that I had a deeper appreciation of her work? Or, was it that having all these separate pieces brought together made a larger experience that was greater than its individual parts? Perhaps the answer lays somewhere in between, in its own ethereal experience." -Chris Slaback Roosevelt Elementary ��i "The work presented, Adaawe, educated me culturally and musically. i was able to make a connection to my Mexican/American songs of stories. It was intriguing to see such diversity come together to create this type of work. In our workshops we all came from different walks of life however we were able to mesh our unique beats in harmony." -Marisa Melchor Abraham Lincoln Elementary "Once more the Aesthetic Education Program considered prior knowledge in a different way. Asking us to look into our past and remember events, favorite shoes, popular dance moves etc ... as material to help personalize our learning, not to find out what we know about aesthetic teaching. Because one rarely sits around retrieving stored information for deeper purpose, the personal memories offered and shared instantly provided a wonderful dynamic about the project." -Jennifer Pavia Desert Mirage High School "In Black Twig in the Hot Sea, color is used to contrast (light versus dark), representing knowing versus not knowing; exploration versus decision making; life versus death. Higby's background in the study of Asian art and culture, where white represents death, may have influenced this choice. In addition to using color as contrast, she uses colors across the spectrum to highlight the importance of nature and how color can express emotions." -Patricia Armstrong Instituto Lizardi, Mexico "1 am glad that the classroom teacher is involved so deeply. Having the classroom teacher teach lessons dealing with the arts and having them coordinate other curriculum areas to the arts really sends a strong message to the students that the arts are important." D Otgacher tRitland Elementary m�l "Teachers, including myself, feel so pressured by time, assessments, and curriculum standards that we are quick to force-feed our students the information we want them to learn. We do not teach our students to shop around and compare- to feed themselves and each other with information that they had the experience of discovering." Taryn Wood Herkimer Abraham Lincoln Elementary "This workshop made me realize that what my part in all of this is to provide a safe environment where children can leave their comfort zone and explore and experiment-" -Joanne Hurley Roosevelt Elementary "Teaching is a craft that is in constant revision, and aesthetic education can help me develop more tools to live in the 'ordinary extraordinary.' This workshop has challenged and stretched me. I do not want my teaching to be, as John Dewey described anesthetic, routine, humdrum, mechanical, repetitive... the kinds or experience that does not allow for emotional and imaginative awareness of what is going on"'. -Barbara Nesmith Landers Elementary "The most satisfying workshop that I participated in was the hands-on creative workshop presented by Gwendolyn Rose. Explanations of the task and introduction of the concepts conceal/reveal were the perfect catalysts for getting in the mode for Sha Sha Higby." -Brenda J. Dodson Roosevelt Elementary 393 "The type of questions asked produced various levels of thinking. Some questions were inferential, others were reflective and others encouraged us to transfer the knowledge we had a go deeper with it." -Veronica Delgado Roosevelt Elementary "Each day that I arrived to class I looked forward to seeing how the instructors were going to relate the classroom activities to the afternoon performances. Each day was a treat. I was amazed at how I learned the vocabulary and what to pay attention to during the performances as the lessons in the morning molded my thoughts to be able to understand the performances at a new level of cognition." Krissy Crabs Roosevelt Elementary "The workshops lead by Teaching Artists were student lead. They were there to guide us in the right direction. The guiding was inquiry based, which would not give us answers, but asked questions to guide our thinking." -Marisa Melchor Abraham Lincoln Elementary "At various points along the way, our workshop instructors stopped to clarify and analyze the experiences as well as develop vocabulary for the genre through inquiry based instruction. By coming back together after creative expression time to discuss what was happening, I was able to clarify my learning of the concepts...." -Lani S. Ray Roosevelt Elementary "This programme was well thought out and put together by some awesome teachers who made the whole programme come alive, with imaginative energies that drove the mind in a bend..." -Fiona Cameron Gisborne, New Zealand Learning to look and hear "When I first watched the performance I enjoyed it on a very shallow level. Once we went into workshop and started to deconstruct and analyze the different parts that made the performance my appreciation for what I had just seen increased ten fold." -Dinah Marr Gisborne, New Zealand "Magical, mystical, unbelievable and yet true to its own self, Ms. Higby's creations and the movement of the creations kept my attention and allowed me to sit with anxiety, anticipation, angst, and peace. I could feel the souls of her creations as I watched them come alive and move throughout the audience created environment..." -Daniel McCullor Abraham Lincoln Elementary "But I did however, the last day of workshop, top into my musical intelligence and lead my group to a great performance. It was so exciting to feel that I was skillful at something. I believe and know by experience that aesthetic education will reach out to each student's multiple intelligences. " -Marisa Melchor Abraham Lincoln Elementary "Looking at her latest creation of white made me wonder why the change? It was such a contrast to her far more colorful, heavily textured minute stitched faces and iridescent shapes. I pondered the meaning behind the ephemeral white body sculpture." -Chris Slaback Roosevelt Elementary I remember how all of a sudden my eyes popped open and I almost jumped inside. I understood how each activity was actually tied to something that we would be viewing in the WOA (Work of Art). But all of a sudden I realized how this made me want to watch the WOA with a different eye than I would have without this connection to the WOA." -Donna Dunphy Onaga Elementary "The questions must come from the learner; otherwise it is not a personal experience. The learner must see their own connections to a work of art in order to gain a deeper understanding of themselves or the world around them." Cheryl Sumulong Saul Martinez Elementary "The workshops, through 'guided looking', prepared us for the performance making it more personal and cognitive.... my understanding of a performance has changed due to this approach of viewing the arts. The workshop in which I participated, as well as the discussion after the performance, both led me towards a deeper appreciation of the focus work." -Jennifer Pavia Desert Mirage High School "After we watched the "Hug O' Warriors", we had to bring one of the poems to life ourselves. At first I was hesitant, but after reading over the poem I realized that Shel Silverstein brings his own poems to life just by the way he words them." -Jessica Downing Saul Martinez Elementary "My personal journal's most significant idea was that while I don't want my inner most personal world exposed, seeing someone else's most personal world was moving." -Laurie Pike Ford Elementary "I was unfamiliar with many of the musical terms and found myself learning new vocabulary. The timber or tone color was something that was new tome. I enjoyed the opportunity to experiment with the various rhythm instruments. The part of the workshop where sounds were combined by the participants produced some very entertaining collaboration." -Joanne Hurley Roosev,t Gem entary "As I participated in the task, I was unhappy yet curious to see where this was going. How can I grasp this foreign idea of costuming and understand how it can affect a performance or more importantly how does costuming affect the viewer of the piece? Through my reflection of the performance both interpersonally and intrapersonally I was able to appreciate the greatness of Sha Sha and her interpretation of multicultural costuming." -Daniel McCullor Abraham Lincoln Elementary "I must say that our activities each day gave us new insight into each performance because we had "been there, done that". In preparation for Fly, we had explored space and danced with an attitude, experienced the dilemmas of weight sharing, and moved to various types of music. The second day we threw spaghetti, spit from the 2511 floor, found treasures in a chest, flew in a shoe, picked bits of string, ate with our toes..." -Nancy Turner Roosevelt Elementary "Each day's lead into the art form didn't give away the performance but enhanced my understanding through working with the medium." -Lani S. Ray Roosevelt Elementary "In class we had to decide what gesture specified a personality trait to define a character, this same type of construction could be seen in the cage dances with their movement and expression. At the question and answer session after the performance we were told that each cage exemplified a theme of confinement. I could really see the thought and reasoning behind each cage and the emotion each held!" -Krissy Crabs Roosevelt Elementary "In Fly with Garcia y Reyna, a truly unique, fun, beautiful and energetic performance by both the dancers and the musicians was enjoyed. Having worked with April (teaching artist) during the movement session earlier in the day gave me a better understanding of what they were doing. I saw moves that we did in the workshop, I especially paid attention to the weight sharing moves. Seeing these moves brought the concepts to life. David Ritland Elementary music teacher "Working with dance is terrifying for me. In the dance workshop I did as I was asked, yet I didn't fully understand why we were doing this or what we were supposed to achieve from these exercises. When it was all danced/ moved and done, I actually felt good about it and not terrible at all. I understood how this could be a component in my classroom teaching of movement and motion. -Daniel McCullor Abraham Lincoln Elementary LCollaborative learning "By being able to think independently and then share with a partner or small group, the ideas that you had at first may grow exponentially. You may change your original thoughts or learn that you have the same views as another person, which is a truly stimulating experience for all." -Jennifer Pavia Desert Mirage High School "'What constitutes a creative partnership'? The list we made was huge: unconditional acceptance, risk taking, experimentation, interweaving, cooperation, flexibility, mutual respect, difference in experience. -Patricia Armstrong Instituto Lizardi, Mexico "Traditionally knowledge is imparted from the teacher directly to the students. However, the teacher now becomes a co -learner. This stimulates curiosity, creativity and relieves the pressure of having to know everything about the subject matter. -Veronica Delgado Roosevelt Elementary "There was a part of the workshop that surprised me. After volunteering to be the manikin for my group to dress, we were told that I would have to create movement. My team had wired masks onto one leg and each of my hands, plus a wire fencing mask was attached to my chest like a breastplate, then draped in more sheer fabric. I was doing well to be upright and walk. I turned about to reveal from the fabric around my shoulders the wire mesh piece. I found later that some of these same 'revealing' moves were in Black Twig, as well as using different levels." -Chris Slaback Roosevelt Elementary "This was our part of our soon to be costume that we would build together. We each individually added a part of ourselves to the final product that made it personal to each of us." -Donna Dunphy Onaga Elementary "My group did body extensions. It was fun, really outside the box. After lunch each group put these various art pieces onto one person. Then we decided how that persona should move. This was a blast and when we went to the afternoon performance I could see why we did all this." -David Ritland Elementary music teacher "We searched our souls, had many reflections through journaling, shared with other colleagues, and viewed wonderful performances of art." -Tonisha Oliver Desert Mirage High School "As my experience at the McCallum Theater Institute's Aesthetic Education Program began, my initial thoughts were fear, confusion, and ambiguity. As the week progressed and my private journal developed, I soon understood what my purpose was and how I would achieve success." -Daniel McCullor Lincoln Elementary "In our private journal, we can talk to ourselves about our worries, frustrations, joys, accomplishments, relationships and our desires to overcome sad situations." -Rosa Ramirez Saul Martinez Elementary "As I look through my private journal entries I find that my writings go from confusing to a clear awakening of my thoughts and feelings towards the various works." -Laurie Pike Ford Elementary "Other notes in my personal journal included the concept of inquiry learning. It is important to know that an effective facilitator has the power to enable children to make their own meaning and construct their own ideas after a seed has been planted." -Joanne Hurley Roosevelt Elementary "The personal journal became a tool for those of us whose strong intelligences are intrapersonal, it gave us time to reflect to ourselves about each days activities." -Marisa Melchor Abraham Lincoln Elementary "I think the idea of open journals was a great tool to record some of the most insightful and powerful ideas about the art we were exploring. I think the journal activity was very practical because we could keep adding our observations after each classroom group presentation. We could also connect our new findings or thoughts to the ideas previously recorded." -Rosa Ramirez Saul Martinez Elementary "The journal writing/charting helped document and deeper explore my own experiences with the music, drama, dance and visual arts. Careful questioning techniques were used that helped to encourage seeing relationships, dig deeper for meaning and in the end lead me to think of my own skills of asking progressive open-ended questions." -Chris Slaback Roosevelt Elementary "I love the use of shared and interactive writing (open journal). It provides so much structure, support and guided practice for all learners." -Paula Cieslikowski Lincoln Elementary "The instructors used an inquiry based instruction method. By using this model of instruction and activity I was able to see how this could be converted into designing classroom instruction for my own students integrating the arts with the existing curriculum. -Krissy Crabs Roosevelt Elementary "I understood how this could be a component in my classroom teaching of movement and motion. That in my classroom I have overweight children. That in my classroom I have students who are challenged with coordination. That I have an opportunity to show them it is OK to express through motion and that we are all beautiful when we move. That they can watch me fail and know that it is OK. I achieved the most powerful position as a teacher: I understood and remembered exactly how it feels to not be the leader of their group, but to relate to how it feels." -Daniel McCullor _ Lincoln Elementary "The Aesthetic Education Program helped me to see how l can change the way my students are asked to learn information so that they can be more personally invested in their own learning." -Donna Dunphy Onaga Elementary "The songs were sung with intense energy of emotion from a group of women with strong beliefs. What was more uplifting was how some group members never grew up with these beliefs or music. However they were inspired through education and performed it as if they grew up with it. Each member of ADAAWE brought their unique talent to perform harmoniously as a group and as soloists. They fused together percussion and vocals from different parts of the world to create some of their works. -Marisa Melchor Abraham Lincoln Eleem1entary "The dance Cages, a work in progress, also resembles a metaphor about life situations. I think that sometimes people also feel as they were carrying cages; however, as the dancers, we find ways to get rid of or to accommodate those cages in order to be successful in life. To me the barriers of cages are both physical and mental." -Rosa Rameriz Saul Martinez Elementary "If theater and the arts are going to last into the 22"d century, artists and art institutions need to educate children about the arts, children of today will be the audience of tomorrow. Live theater, music, and original art have competition with MTV, cable TV, the internet, CDs, DVDs and cinema; I know that these don't hold a candle to a live performance or a trip to a museum but children don't know that. Meaningful experiences with the arts, like those experiences children have through aesthetic education, could start the children on a life long experience with the arts." -David Ritland Elementary music teacher "There is more to art than just the art. There is meaning, meaning for the artist and meaning for the viewer." -Marlene L. Pfeifle Amelia Earhart Elementary "The philosophy of aesthetic education is to give people a pathway to a deeper understanding of not only themselves but the world around them. They accomplish this journey through the intense study of different works of art." -Cheryl Sumulong Saul Martinez Elementary "The work (In Performance, the Poetry of Shel Silverstein) expresses a sense of respect for diversity of life. To me it expresses self-respect and honoring the inner child in every person no matter how unique. For my students I think it would represent the joy and fun of fantasy and imagination. Also they might recognize their own inner processes as valuable to the work instead of something that should just be tolerated until they group up enough to conform." -Paula Cieslikowski Lincoln Elementary "Before I left to come home to New Zealand I was watching a stand up comic on TV. Normally I would think "ha ha very funny", but I was watching this guy thinking wow, look at how he uses his voice, and his face and what wonderful choreographed movements as he throws himself around the stage." -Dinah Marr Gisborne, New•Y"nd "The process of taking something new, that you may know little or nothing about, entering it, exploring it and then emerging understanding it, empowers the student to use these skills across the curriculum and in all aspects of life." -Patricia Armstrong Instituto Lizardi, Mexico "Students learn the skill of raising questions. They learn how to pose questions and what to ask in order to get the answers they want. It gives them bravery to ask and ask again and the willingness to ask. Helping students learn to inquire about the world around them helps them to have an internal curiosity that will help them to have more of an open mind and not prejudge." -Donna Dunphy Onaga Elementary "Yes (I think this experience will have a lasting effect on students lives), it allowed some of the students who aren't usually the "high achievers" to really shine. They all loved this focus work. I think this particular work (Adaawe) was extremely helpful for our girls to see. They were able to see powerful, intelligent, and talented female role models!" -Elisa Gentry Saul Martinez Elementary "My first personal highlight was observing my students' general response to Mark's (teaching artist) marvelous way of working with them. My second personal highlight was watching Mark teach my students how to clap a rhythm, notate it; and read it back. I think clapping their names and clapping rhythms was most significant to my students." -Barbara Sexson Condor Elementary "Students are still talking about concepts learned and making connections with the music that we are studying in choir with those studied in the focus work. Students learned that they can be creative and expressive with their individuality, yet still "fit in" as a part of the group, working toward one goal." -Anne Jacob Elementary choir teacher "I was thrilled that our grammar work was enhanced by the understanding of beats, rhythms, measures etc. It took a dry unimaginative skill and made it a fun part of their lives. It helped them in music class as well." -Nancy Duteau Amelia Earhart "I see improvements in the confidence level of my very shy EL students. They're taking greater risks. Coincidence? I don't think so." Trice Healy Ben Franklin Elementary As a teacher I've learned that my views about dance needed an infusion of new energy. I was reminded that serious art happens in unexpected ways. The combination of Nuevo Flamenco and hip -hop would never have occurred to me, hence the fascination of creativity. -Anita Short Condor Elementary "The unit of study for Fly with Garcia y Reyna included opportunities for oral and written language particularly the expression of description, and personal connections. In addition we were able to discuss and write about symbolic. and or traditional rituals ie: dance and music from different eras and cultures." -Paula Cieslikowski Lincoln Elementary ►94 "Initially, I wasn't too excited about Connections. What a surprise then, when it turned out to be one of my favorite focus works to date. Mystudentswere totally into the experience and watching them was such a pleasure. They were so focused and attentive. Some sat on the edge of their seats. Others gave a nod to me of "we did that" or "I know that part." -Kathy Cox Carter Elementary "Opportunities arose to make connections between this unit of study (Adaawe)and the regular curriculum in geography (continents and countries), social studies (cultural diversity), music (rhythm), and art (recycling found objects into instruments). -Annetta Lambert Saul Martinez Elementary "Students talked about the "brightness" or "darkness" of Adaawe's music. They also noted the change of tempo. They have a deeper understanding of music, its rhythm, and how the sounds affect their feelings." -Beth Salisbury Amelia Earhart Elementary r` a r, c I ,F —i HSTITUTE 75000 rred Waring Drive, ralm Desert, CA 9226o mccallumtheatre.com Attachment D 07 THE MCCALLUM THEATRE Budget for 2005/2006 Season - Summary REVENUE FROM OPERATIONS Production Performance Income Theatre Rental income House Income Total Production Marketing McCallum Theatre institute Financial & Other Building Rental Miscellaneous Income Financial Income Total Financial & Other TOTAL REVENUE FROM OPERATIONS OPERATING EXPENSES Production Performance Theatre Rental Front of House Technical Department Box Office Production Administration Total Production Marketing General Marketing Media Advertising Publicity Ad Production Total Marketing McCallum Theatre Institute Administration General Administrative Maintenance Services Insurance MIS Utilities Financial Depreciation Total Administration TOTAL OPERATING EXPENSES NET OPERATING ACTIVITIES FUNDRAISING ACTIVITIES Revenues General Development Muses Capital Campaign Transfer Total Revenues Expenses General Development Muses Total Expenses NET FUNDRAISING ACTIVITIES CHANGE IN NET ASSETS 05/06 Budget $ 6,626,826 270,000 121,195 7,018,021 28,600 149,344 73,753 382,056 455,809 7,651,774 4,298.646 9,500 231,151 951,260 219,140 163,160 5,872,857 187,180 411,325 1,950 241,300 841,755 782,533 586,999 333,466 41,660 82,020 97,980 193,125 207,300 705,568 2,248,118 9,745,263 (2,093,489) 2,822,012 232,020 3,054,032 895,470 63,417 958,887 2,095,145 $ 1,656 J OS Page 1 of 1 Attachment E JUL-23-2002 08:07 r 0 internal Revenue Service Department of the Treasury P.02/03 Cate: July 22, 2002 Fri ands of the Cultural Center, Inc. 73 000 Fred Waring Dr. Palm Desert, CA 92260 Dear Sir or Madam: P. 0. Box 2608 Cincinnati, OH 45201 Person to Contact; Stephanie Swartzbaugh 31-07594 Customer Service Specialist Toll Free Telephone Number: s:40 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-$756 Federal Identification Number: 95-2834871 This letter is in response to your request for a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that a determination letter issued in September 1973 granted your organization -exemption from federal income tax under section 501(c)(3) of the Internal Revenue Code. That letter is still in -effect. •i3ased on information subsequently submitted, we classified your organization as one that is not a private foundation within the moaning of section 509(a) of the Code because it is an organization described in section 509(a) (2). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $26,000, If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. 400 Your organization -is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an Income taut return on the Form 990-T, Exempt Organization Business Income Tax Retum. In this letter, we are -not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. The law requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. If your organization had a copy of its application for recognition of exemption on July 15, 1987, it is also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who request., such documents In person or in writing. You can charge only a reasonable fee for reproduction and actual postage costs for the copied materials. The law does not require you to provide copies of public inspection documents that are widely available, such as by posting them on the Internet (World Wide Web). You may .be liable for a penalty of $20 a day for each day you do not make these documents available for public inspection (up to a maximum of $10,000 in the case of an annual return). j :Because this letter could help resolve any questions about your organization's exempt status and foundation -status, you should keep it with the organization's permanent records. If you have any questions, please call us at the telephone number shown in the heading of this letter. This letter affirms your organization's exempt. status. Sincerely, John E. Ricketts, Director, TE/GE Customer Account Services TOTAL P.03 FRANCHISE TAX BOA 9C &hC2AM4XM CAUPotMlA t3W October 12t AM 33 TOjaX Mfar W ED1JM Y 1w Fric=13 of thor Wt=l C=tar Inc. pals Deaort, CX 9?260 Purposes F.a=taaaal r orx of Orga.nizat ions C.o P0=t i= Accounting Period Ending: Fobr=X7 2$. Organization. Number: 681655 Gentlemen: Based. an the information submitted and provided your present operations continue unebainged or conform to those proposed in your application, ytiu are exempt from State franchise or income tax under Section 23701d, Rere=* and Taxation Code. Any change in operation, cbaiLctar or urpose of the organization roust be reported i=ediately to this Office so that We say determine the effect on your exerrrpt static. Any change of name or addz ess also roust be reported. You am required to file Form 199 (Exempt Organization Annual Info-,=L— tion Return) or Form 199B (Exempt Organization Annual Intorratioa State=ent) on or before the 15th day, of the 5th- month (4-1/2 maruths ) after the close'of your accounting period. See xmrual irstmctioas with force for requizrements: You a., a not required to file state franchise or income t&% r et xis unless you have; income subject to the unrelated business. income taz under Section 23731 of the Code. In this event, you are required to file Fora 109. (Exempt Organization Business Inceme.Tax Return) by the 15th day of the 3rd month (2-1�2 ' months) after the . close of your -&usual accounting period. Contribu!ions trade to you are deductible by donors as provided by Sections 17214 high 17216.2 and 24357 through 24359 of the Code, unless your purpose is testing for Public Safety. ' .It the orCanization is incorporating or is a foreign corporation qualifying to do business in California, this spproval will ezpirt unless incorporation or qualification is completed within 30 days. Exemption from : ede.ral .income or other- taxes and other state taxes requires separate applications. ' Min "�T'�:'**A= ifs i=iad on tba ecroditian th=t a fc:laral azocpt.Scn %ill be appli'od James C. Stev:rt for cod a cop7 of the INRR dat ndnaticn Counsel Iattar is 11= —inbod t0 thiz oSi'ica. O tc: Secretary of State (Corp) ATTACHMENT 5 CITY OF LA QUINT.A APPL i('ATIO F-OR COMMUNITY SERVICES GRANT FISCAL. YF AR: "(106--07; \ameofOr�,anizatiori Soroptimist International of La Quinta - �k]11aupaReyue.t c3: $4,050 Coachella Valley Contact Pe sor: Beverly Montgomery P.O. Box 1081 C" La Quinta [ L,,e: Calif- %;n t e,ie 92247 ,50t(03 33-0054832 Date;.thil�t:t t� July 14, 2006 k i j Applications wiii recei-e consideration without discrimination because of race. color_ i j relisrion, sex, i.e. nation l ons'.IP or d sabi ity. 41 3 'ti,m,7.:nrvocrtiice<_LUT-, .And _ •.iccs iTar:-("-IT"- SF RANT. , �':j-'ador 7t),rr K.`_.co_ COMMUNITY SER VICE GRA r RECONCILA TION REPORT Due state: 30 day.Fftkilowing expenditure of,grant,funds. Final elate to submit: May.14, 200 c;I"!_-at;orr:`1avre: Soroptimist International of La Quinta - Coachella Valley _Varne of person C wnpiering Report: Anita Zanesco .-Wailint Address:; P.O. Box 1081 La Quinta,FT,�i i[f. 92247 760-360-4698 Period of.Revort to AfoiYi ). Sept. 06 to June 07 Dare Your Organization received /Unds: Describe vour expenditure of Grant Funds, - on Tuesdays _7:00 am to 8:30 AM . far So.r-op-t-im,i-s-t-__me_et.ing 36- days ---per.., se-asor ...C__$_L-i-2_,.50-- R'-Conciliation: C ranrA,iioii=,r. t' 4,050 Rerui-n unspent funds to "Ciry of La winter ' by check i, it% this form. ** Attach supporting documentation h•ecetpts for purchases, canceled checks, payroll reeorcls, billirz,g .sratc�»resttc/ drat is in accc?rriunee �ti�irlr rlae on itcal ;i,alir request. Ali questions r egarctin this ivrrr� nr rice . rclrat prn�er..r :should lie directed TO the C_ onl yninav Se'rvices Depurtm nt Clr: �' 77 %��(j, i�j(liilrlti CZCI[Zj-.eSS - CIr?: 0 1 0 ji3drQ, p• O, _Sc ky tic , La 02'a 7 a, CA 4 CO]vMUNITY SERVICE GRANT APPLICATION (1 Just be typed) What is the overall purpose or goal of your Urganuation? SPrSLi r.t- pr.aaLaMg for the community. Working to enhance the self image and ability of women and. girls. Working together with other org niz for the betterme�FT of"�"-` La Quinta and its residents. How long has your Organization been in existence' 22 Years Months _�. Describe in e.eneral the activities or Services of your Organization: Hol scholarships er p,,jPr•t House of Hope for chemically dependant women, Boys and Gir s Club La Quinta Unit, Benjamin Franklin ScFiooi, Senior en er: Employment programs, scholarships, etc. . How many people does your Organization currently serve:' No. of Youth =---10-01\o. of.Adults3QC1 No- of Seniors j. Ho,'Nf many people do you intend to serve during this Fiscal fear." NO. of Youth 100 No. of Adults 300 No, of Seniors 150 0. How many people served during this Fiscal Year Nvill be La. Ouinta residents? No. of Youth 100 No. of Adults 300 \o, 4,f Seniors 150 HoW lnany paid emplovees!volunteers does vour Organization ernplov' No paid - all women volunteers Full time employees Part time employees _ - Volunteers - 25 Describe how your Organization is managed and 'governed, Board of Directors elected by inergbers By-laws - one business meeting per month - one Board of Birectors meeting per month - two program meetings per mon h with educational and informative speakers .C»s :r.unil� Srrvi cs,C�:-.munu� �er�i:c; C�raa't'!jW'41Li"d Ty SERVICES G[tl;vTapp7ic.:Uus fern _'! Gii.rr,.c: / 3! 9. Please provide information on your Execulive Board members or contact person: Name Title Home Address .Phone Elizabeth es 54-205 Ave. Alvarado 564-5608 Marsha Billa, Vice Pres. 48-580 San Dimas —219 Sidney Russell, Vice Pres. 78-155 Calle ForMuEa 77178071 Carole Hartle, Sec. 44-305 FoxtaiT l Circle 36p 814 Anita Zanesco, Treas. 43-665 Pisces Ct. 360-4698 10. `'What is your annual schedule: of el,enrs_ and during what months does vote Orc,a nization operate., -.emuesd.alcS.��i? . thru...4Tu_.ne Annual big fundraiser Golf Tournament is held in Dec. House of Hope Shower in Jan. - Scholars p presen a i n-s-- in April and May M-wMaking A Difference for Women luncheon held in.. May. 11. Do you charge adrnission, membership fees. dues. etc") g Yes ,!\,o hC 'Yes pease describe: Meeting fees $ 5 12. What are yaLu- other sources of revenue for rhis funding year? Source Anjouut Golf Tournament $9,000 Other small fund raisers, raffles, social _events 1,500 Total Needed Total Reedier S Balance S S CariV^T !FIRN- :erg ius'Cemmrnit�, Semces <,zaacc)NIMIaITY SL-Rt .CES G,NT3JO;-.doc 13. Amount of money requested from the City of La Quinta? S 14. has your Organization keen funded by the City of La Quinta previouslyY X Yes N^ 15. Please provide the naive and address of the bank in a7hich the OrEanization's funds are k, pt,. Downey Sa y„i n f -14 i.4b. 16. Please provide the name and title of those indi-viduals authorized to sign on the Oganization's account )must provide at least two indi-ndualsl: Name: Elizabeth Kennedv____..� Marsha Billa Ani to Carole Hartle Title: Pres. Vice Pres. Secretar 17. Please provide. as an tttacbnlent, copies of the last three months bank statements as well as the last year-s December bank statement or the O.rganization's checking and IS. Need Statement; Clearly and plainly state the specific, detailed reason or need for the requested funds and hoax' these funds will. be used, if a'%varded. To cover Seri ar Cnte-exa�� f, for weekly meetings _ _ i <v'a;tk�^.r• Vic: iLrS•Cu:tlmu-:-Y`enic`.S Gry:a•l Uh^ail "s!'Y Qt R�!('ES (iRANT An,,):'cahpn Fon-I200-'Ax 19. Goal Statemeot: Indicate «,ho •ill benefit from the use of these funds. and how they Bovsa __j_n_,,T.;; .Quiula-- r-i rl s Ti mA Urnrrram Fn.r girls'. 1 = - 14 Xears old to enhance th i r gel f i acTP and receive 2 scholarships for learning to do_vo teer wor-K, Youth Citizenship Award for high school girIQ - 2 scbal,a�r-- ship awards yearly for gE.aduatinqsenior girls L,_QP0 each Womens Opportunity Award for a woman having to return to work, head of household for education to get a better job $1,000. 20, Attach a copy of your Program Operating .Budget for the current year. 21. Non-profit Organizations must attach a copy of the org_ anization's current IRS Form 990. See attached S .0O3rrr1UC:i'k' S.'fF:Cr: •i 0t?1.T.Uil:i?' &-�rviCCS Grzl'!; Cta Ihi I Y SERVICES GRAN',` Anplicn.cn Farm 2000.dnc 2- f y� i�- Lill � r 3 3 �c SOROPTIMIST INTERNATIONAL OF LA QUINTA - COACHELLA VALLEY BUDGET - 7/1/06 T14RU 6/30/07 INCOME: Meeting Fees (17 @ $5.00 @ 38) $3,230.00 Member Dues (21 @ $100) 2,100.00 Life Dues (2 @ $50) 100.00 New Member Dues (2 @ $100) 200.00 New Member Fees (2 @ $30) 60.00 Every Member Project (17 @ $25) 425.00 Brags/Raffles 250.00 Interest 20.00 $1,385.00 Fundraisers: Golf Tournament (Net) $9,000.00 Other Fundraiser 1.500.00 $10,500.00 TOTAL INCOME $16,885.00 EXPENSES: Membership SIA Dues (21 @ $49) $1,029.00 GWR Dues (21@ $21) 441.00 Convention Fee 150.00 Life SIA & GWR Dues (2 @ $37) 74.00 SIA New Member Dues (2 @ $49) 98.00 GWR New Member Dues (2 @ $21) 42.00 Total $1,834.00 Conference/Conventions SIA Convention Fee $265.00 Fall Meeting 500.00 GWR Spring Conference 1,500.00 SIA Convention 500.00 SI Convention 500.00 Total $3,265.00 410 Committees Amenities Installation Programs/Meetings (Coffee) Public Relations Recruitment & Retention Total Club Overhead Newsletter CPA Tax Preparation State Non Profit Tax Chamber of Commerce Dues Office Supplies GWR Retreat for President Presidents Expense SIA Materials Total Service Committees Health Val Skinner Breast Cancer House of Hope (10 Months @ $200) House of Hope Shower Total Education Naomi Willoughby Memorial Scholarship Benjamin Franklin Elementary School Total Environment Economic & Social Development LQ Boys & Girls Club 'Senior Center Birthday Cakes Other Total $200.00 100.00 200.00 150.00 300.00 $950.00 $100.00 235.00 10.00 130.00 100.00 161.00 200.00 100.00 $1,036.00 $500.00 2,000.00 250.00 $2,750.00 $1,000.00 500.00 $1,500.00 $100.00 $500.00 250.00 300.00 $1,050.00 Human Rights/Status of Women Making a Difference for Women Luncheon Valley Council Girls Time Total International Goodwill & Understanding Soroptimist Identifying Projects SIA Program Projects SI Projects Woman's Opportunity Award Violet Richardson Award Total kkTOTAL EXPENSES $100.00 100.00 1 500.00 $1,700.00 $100.00 $500.00 100.00 1,000.00 1,000.00 $2,600.00 $16,885.00 LA QUINTA BRANCH 78-435 HIGHWAY ill LA QUINTA CA 92253 - PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA/CV PO BOX 1081 LA QUINTA CA 92253 DOWNEY SiAVINC STATEMENT DATE 12-31-2005 PREVIOUS STATEMENT DATE 11-30-2005 PAGE 1 "From our family to yours, Happy Holidays and thank you for letting us serve your banking needs. We look forward to Working with you in 2006 and for many years to come!" CHECKING ACCOUNT NUMBER 36-5301728-5 YEAR-TO-DATE INTEREST $23.19 INTEREST EARNED $2.63 ANNUAL PERCENTAGE YIELD EARNED .19% PREVIOUS STATEMENT BALANCE 11-30-2005................................. $18,182.00 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 19 DEPOSITS AND OTHER CREDITS TOTALING ......................... 13,809.50 INTEREST PAID THIS STATEMENT PERIOD ......................... 2.63 9 CHECKS AND 0 OTHER DEBITS TOTALING ........................ 10,597.46- -------------- ENDING STATEMENT BALANCE ............................................... $21,396.67 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 12-23 915.00 12-23 450.00 12-23 910.100 12-23 20.00 12-23 415.00 12-23 35.00 12-23 700.00 12-31 350.00 12-23 3,900.00 12-31 100.00 12-23 3,000.00 12-31 200.00 12-23 7.,000,00 12-31 200.00 12-23 800.00 12-31 -900.00 12-23 204.50 12-31 30.00 12-'„'3 80.00 OTHER CREDITS Interest -2-31 2.63 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 820 12-12 500.00 826* 12-16 20.97 824* 12-09 3,200.00 827 12-20 235.00 If Ij LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA/CV DOWNEY SAVINC STATEMENT DATE 12-31-2005 PREVIOUS STATEMENT DATE 11-30-2005 PAGE 2 CHECKING ACCOUNT NUMBER 36-5301728-5 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 829* 12-19 1,000.00 833 12-23 173.64 831* 12-16 4,864.00 834 12-27 188.85 832 12-29 415.00 * Gap in check sequence DAILY BALANCE DATE AMOUNT DATE AMOUNT 12-09 14,982.00 12-23 20,617.89 12-12 14,482.00 12-27 20,429.04 12-16 9,597.03 12-29 20,014.04 12-19 8,597.03 12-31 21,396.67 12-20 8,362.03 Find us on the Web at http://www.downeysavings.com 414 002091 002091 0 6 LA QUINTA BRANCH l�,Y SAVING 78-435 HIGHWAY lli STA M A LA QUINTA CA 92253 03-31-2006 PHONE 760-564-6661 PREVIOUS STATEMENT DATE 02-28-2006 PAGE 1 SOROPTIMIST INTL Off' LA QUINTA/CV PO BOX 1081 LA QUINTA CA 92253 If you think fixed rates are too high, or if paying the minimum amount on your adjustable -rate loan may cause you to owe more than the amount you borrowed, call now about our low -rate, low -payment, low-cost home loan. To find out if you can lower your payments call 1-800-3DOWNEY or call your branch at (760) 564-6661. CHECKING ACCOUNT NUMBER 36-5301729-5 YEAR-TO-DATE INTEREST $7.91 INTEREST EARNED $2.47 ANNUAL PERCENTAGE YIELD EARNED .21% PREVIOUS STATEMENT BALANCE 02-28-2006................................. $14,681.31 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 5 DEPOSITS AND OTHER CREDITS TOTALING ......................... 479.90 INTEREST PAID THIS STATEMENT PERIOD ......................... 2.47 6 CHECKS AND 0 OTHER DEBITS TOTALING ........................ 1,154.85- ---- ENDING STATEMENT BALANCE ............................................... $14,008.83 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTE;=; AMOUNT 03-31 170.00 ,3-31 160.G0 03-31 32.90 03-31 110.00 03-31 7.00 OTHER CREDITS Interest 03-31 2.47 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NJMB--IR PAID AMOUNT 841 03-08 100.00 7005* 03-03 750.00 7001* 03-10 10.00 70,06 03-31 180.00 7002 03-06 75.85 7011* 03-31 39.00 * Gap in check Sequence 0(112 09 091 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 .......... . .. .. . .......... STAPM94WMY S"INC 03-31-2006 PREVIOUS STATEMENT DATE 02-28-2006 PAGE 2 SOROPTIMIST INTL OF LA QUINTA/CV ............. . . .. .. ........ CHECKING ACCOUNT NUMBER 36-5301728-5 DAILY BALANCE DATE AMOUNT 03-03 13,931.31 03-06 13,855.46 03-08 13,755.46 DA.71 F AMOUNT UNT 03-10 13,745.46 03-31 14,008.83 Find us on the Web at http://www.downeysavings.com 1 1 410 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA/CV PO BOX 1081 LA QUINTA CA 92253 DOWNEY SAVING STATEMENT DATE 04-29-2006 PREVIOUS STATEMENT DATE 03-31-2006 PAGE 1 �_._ ...__._�T_ ..............._ If you think fixed rates are too high, or if paying the minimum amount on your adjustable -rate loan may cause you to owe more than the amount you borrowed, call now about our low -rate, low -payment, low-cost home loan. To find out if you can lower your payments call 1-800-3DOWNEY or call your branch at (760) 564-6661. CHECKING ACCOUNT NUMBER 36-5301728-5 YEAR-TO-DATE INTEREST $10.11 INTEREST EARNED $2.20 ANNUAL PERCENTAGE YIELD EARNED .2196 PREVIOUS STATEMENT BALANCE 03-31-2006................................. $14,008.83 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 12 DEPOSITS AND OTHER CREDITS TOTALING ......................... 5,412.50 INTEREST PAID THIS STATEMENT PERIOD ......................... 2.20 15 CHECKS AND 0 OTHER DEBITS TOTALING ........................ 8,044.29- -------------- ENDING STATEMENT BALANCE ............................................... $11,379.24 DEPOSITS AND OTHER CREDITS DATE DATE POSTED AMOUNT POSTED AMOUNT 04-12 175.00 04-24 375.00 04-12 120.00 04-24 1,045.00 04-12 55.00 04-24 20.00 04-12 105.00 04-24 630.00 04-12 10.00 04-24 1,752.50 04-12 945.00 OTHEk CRELD1IS Check Reversal 7006 (Correction) 04-03 180.00 Interest 04-29 2.20 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 7003 04-17 1,000.00 7008 04-03 103.69 7004 04-17 1,000.00 7010* 04-06 42.32 7006* 04-17 180.00 7012* 04-11 5.50 7007 04-12 50.00 7013 04-03 56.09 417 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 PHONE 760-S64-6661 SOROPTIMIST INTL OF LA QUINTAJCV CHECKING ACCOUNT NUMBER 36-5301728-5 DOWNEY SAVING STATEMENT DATE 04-29-2006 PREVIOUS STATEMENT DATE 03-31-2006 PAGE 2 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 7014 04-11 756.00 7020 04-28 3,649.98 7015 04-18 200.00 7023* 04-24 21.01 7017* 04-13 500.00 7024 04-20 45.50 7019* 04-21 434.20 * Gap in check sequence DAILY BALANCE DATE AMOUNT DATE AMOUNT 04-03 14,029.05 04-18 11,705.23 04-06 13,986.73 04-20 11,659.73 04-11 13,225.23 04-21 11,225.53 04-12 14,585.23 04-24 15,027.02 04-13 14,085.23 04-28 11,377.04 04-17 11,905.23 04-29 11,379.24 418 #$ LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 i j PHONE 760-564-6661 jI SOROPTIMIST INTL OF LA QUINTA/CV PO BOX 1081 LA QUINTA CA 92253 DOWNEY S►AVTNC STATEMENT DATE 05-31-2006 PREVIOUS STATEMENT DATE 04-29-2006 PAGE i As a Downey Savings customer, when you apply on or before June 30, 2006, we'll waive the upfront fee deposit, whether you're buying a home or refinancing. Choose the home loan program that's best for you? For a great rate, visit a local office, apply online at downeysavings.com or call your branch at (760) 564-6661. CHECKING ACCOUNT NUMBER 36-5301728-5 YEAR-TO-DATE INTEREST $12.11 INTEREST EARNED $2.00 ANNUAL PERCENTAGE YIELD EARNED .21% PREVIOUS STATEMENT BALANCE 04-29-2006................................. $11,379.24 SUMMARY OF TRANSACTIONS ON THIS STATEMENT 12 DEPOSITS AND OTHER CREDITS TOTALING ......................... 4,239.00 INTEREST PAID THIS STATEMENT PERIOD ......................... 2.00 18 CHECKS AND 0 OTHER DEBITS TOTALING... ..................... 3,941.14- -------------- ENDING STATEMENT BALANCE ............................................... $11,679.10 DEPOSITS AND OTHER CREDITS DATE POSTED 05-16 05-1.6 05-16 05-16 05-16 05-16 OTHER CREDITS Interest CHECKS AND OTHER DEBITS CHECK DATE NUMBER PAID 815 05-18 837* 05-22 7009* 05-22 7016* 05-04 7021* 05-16 DATE AMOUNT POSTED AMOUNT 750.00 05-16 1., 165.00'� 380.00 05-30 335,00 � 50. 005(, 05-30 8.00 10.001 05-30 18C..C-)0° 126.00 05-3^ 25G.Of) 50.00 05-3- 835.0 „ 05-31. 2.00 CHECK DATE AMOUNT NUMBER PAID AMOUNT 100.00+' 7025* 05-02 100.00 100.00 j' 7026 05-08 148.16 200.00 7027 05-19 500.00 500.00 V 7028 05-05 126.00 / 100.00 7030* 05-22 200.00 419 LA QUINTA BRANCH 78-435 HIGHWAY 111 LA QUINTA CA 92253 ! _ PHONE 760-564-6661 SOROPTIMIST INTL OF LA QUINTA/CV DOWNEY SAVINC STATEMENT DATE 05-31-2006 PREVIOUS STATEMENT DATE 04-29-2006 PAGE 2 CHECKING ACCOUNT NUMBER 36-5301728-5 CHECKS AND OTHER DEBITS CHECK DATE CHECK DATE NUMBER PAID AMOUNT NUMBER PAID AMOUNT 7031 05-26 132.10 7037* 05-17 600.00 7032 05-10 72.00 7038 05-30 300.00 7034* 05-24 140.00 7039 05-26 175.00 7035 05-17 240.00 7042* 05-19 207.88 i * Gap in check sequence DAILY BALANCE DATE AMOUNT DATE AMOUNT 1 05-02 11,279.24 05-18 12,024.08 05-04 10,779.24 05-19 11,3.16.20 05-05 10,653.24 05-22 10,816.20 05-08 10,505.08 05-24 10,676.20 05-10 10,433.08 05-26 10,369.10 05-16 12,964.08 05-30 11,677.10 05-17 12,124.08 05-31 11,679.10 Find us on the Web at http://www.downeysavings.com 462'0 Form 990'EZ Department of the. Treasury Internal Revenue Service Art EJ CO. PY Short Form Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(axl) of the Internal Revenue Code (except black lung benefit trust or private foundation) ► For organizations with gross receipts less than $100,000 and total assets less than $250,000 at the end of the year. ► The organization may have to use a copy of this return to satisfy state reporting requirements. OMB No, 1545 1150 11� A For the 2004 calendar year, or tax year beginning 7/01 2004, and ending 6/30 2005 B Check if applicable: C li Employer identification number Please Address change use IRS SOROPTIMIST INTERNATIONAL OF LA QUINTA 33-0054832 _ +Marne change label or P . O . BOX 10 81 print or E Telephone number Initial return age. LA QUINTA, CA 92253 760) 360-4698 %final return Specific Amended return I tions. nstruc- F Group Exemption Application pending, Number, ........... ► 3899 • Section 501(cX3) organizations and 4947(aXl) nonexempt charitable trusts G Accounting method: X Cash Accrual must attach a completed Schedule A (Farm 990 or 990-EZj Other (specify) ► H Check ► X if the organization is not 1 Web site: ► N/A required to a tach Schedule 8 (Form 990, J Organization type (check only one) — X 501(c) ( 3 ) -(insert no 4947{a)(1) or 527 990-EZ, or 990-PF). K Check ► Hif the organization's gross receipts are normally not more than $25,000, The organization need not file a return with the IRS; but if the organization received a Form 990 Package in the mail, it should file a return without financial data. Some states require a complete return. L Add lines 5b, 6b, and 7b, to line 9 to determine gross receipts; if $100 000 or more, file Form 990 instead of Form 990-EZ................................................................................. ► $ 26,490, P;3rt t `I Revenue- FYnpncpc- and Channpc in NPt Accptc nr Fund Rninnrvac m— i—t—,.t, —� 1 Contributions, gifts, grants, and similar amounts received .............. . . .......................... . 1 5,347. 2 Program service revenue including government fees and contracts .................................... 2 3 Membership dues and assessments................................................................. 3 2,470. 4 Investment income........................................................................... ... 4 25. Sa Gross amount from sale of assets other than inventory .................... 5a b Less: cost or other basis and sales expenses ............................ I 5b a � E N u E e Gain or (loss) from sale of assets other than inventory (line 5a less line 5b) (attach schedule) ............ . ...... 6 Special events and activities (attach schedule). If any amount is from gaming, check here .... ►� a Gross revenue (not including $ of contributions reported on line 1).................... ................................. I 6al 18, 648. 5e .....::. ...::::.......: b Less: direct expenses other than fundraising expenses .................... 6b 8, 233.;;;;;; ....... c Net income or (loss) from special events and activities (tine 6a less line 6b)...SEE. STATEMENT. 1 ... 6c 10,415. a Gross sales of inventory, less returns and allowances... .............. 7a b Less: cost of goods sold ................ c Gross profit or (loss) from sales of inventory (line 7a less line 71b) ........................... . ....... 7c 8 Other revenue (describe ► 8 9 Total revenue (add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8) .............................................. 0' 9 18,257. 10 Grants and similar amounts paid (attach schedule) ....... ........... .... SEE..STATEMEN.T. 2 ..... 10 12,150. E x e N E s 11 Benefits paid to or for members.................................................................. 12 Salaries, other compensation, and employee benefits ........................................ ....... 13 Professional fees and other payments to independent contractors ............. . ....................... 14 Occupancy, rent, utilities, and maintenance ................................................. ....... 15 Printing, publications, postage, and shipping........................................................ 16 Other expenses (describe ► SEE STATEMENT 3).... 11 12 13 235. 14 15 16 6,380. 17 Total expenses (add lines 10 through 16)......................................................... ► 17 18,765. N s E E T T S 18 Excess or (deficit) for the year (line 9 less line 17).......................................... . ........ 19 Net assets or fund balances at beginning of year from line 27, column A rrust agree with end -of -year 9 9 Y ( ()) ( 9 Y figure reported on prior year's return)............................................................... 20 Other changes in net assets or fund balances (attach explanation). .......... 21 Net assets or fund balances at end of year combine lines 18 through 20 ............................ 18 —508 . 19 7,652. 20 21 7,144. balance Sneets — If Total assets on line 25 column B are $250,000 or more, file Form 990 instead of Form 990-EZ. (See Instructions) 22 Cash, savings, and investments................................................... 23 Land and buildings............................................................... 24 Other assets (describe ► )................... 25 Total assets........................................................... . ......... 26 Total liabilities (describe ► ). . . . . . ... . . . .... . 27 Net assets or fund balances line 27 of column B must agree with line 21).. A) Beginning of year B) End of year 7,652. 221 7,144. 23 24 7,652. 25 7,144. 0. 26 0. 7,652. 27 7, 14 BAA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. TEEA0803L oumrcts Forro 990-EZ 4113&i 33-0054832 Pane 2 JV Form 990-EZ 2004 SOROPTIMIST INTERNATIONAL OF LA QUINTA ":lC> Statement of Program Service Accomplishments See instructions Expenses What is the organization's primary exempt purpose? d4947(a)(1) (Required for 501(c)(3) and (4) organizations and Describe what was achieved in carrying out a organiza Ions exempt purposes. in a clear and concise manner, describe the services provided, the number of persons benefited, or other relevant information for each trusts; optional program title. for others. 28 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- (Grants $ 28a 29 ' --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- Grants $ 29a 30 --------------------------------------------------- --------------------------------------------------- --------------------------------------------------- (Grants $ ) 30a 31 Other program services (attach schedule) ............................ Grants $ 31al 32 Total program service expenses (add lines 28a through 31a)........................................... 32 1Paiii-ik#<'::1 i ict of nffirerc_ nirPrtnrc_ TrucfeP_s. and Kev EmntnveEs a isf earh nne even if not cmmnensated. See Instrurtions.l (A) Name and address (B) Title and average hours per week devoted to position (C) Compensation Of not paid, enter -0-,) (D) Contributions to employee benefit plans and deterred compensation (E) Expense account and other allowances MARGARET BORISKI PRESIDENT 0, 0. 0. --------------------- 41-371 BALACLAVA DR NONE --------------------- BEM DA DUNES, CA 92201 ANITA ZANESCO TREASURER 0. 0. 0. _ _ _ _ _ _ _ _ _ _ 43-665 PISCES Cfi NONE --------------------- LA QUINTA, CA 92253 Par#if;<' Other Information (Note the attachment requirement in the instructions) SEE STATEMENT 5 Yes No 33 Did the organization engage in any activity not previously reported to the IRS? If 'Yes,' attach a detailed description ofeach activity, ...................................................................................................... X X 34 Were any changes made to the organizing or governing documents but not reported to the IRS? If 'Yes,' attach a conformed copy of the changes ............... 35 /f the organization had income from business activities, such as those reported on tines 2, 6, and 7 (among others), but not reported on Form 990-T, attach a statement explaining your reason for not reporting the income on Form 990-T. SEE STATEMENT 6 a Did the organization have unrelated business gross income of $1,000 or more or 6033(e) notice, reporting, and proxy tax requirements? ..................... X NIA b If 'Yes,' has it filed a tax return on Form 990-T for this year?...... ....... ........................ ................ I ........ X 36 Was there a liquidation, dissolution, termination, or substantial contraction during the year? (If 'Yes,' attach a statement.) ............................. 37a Enter amount of political expenditures, direct or indirect, as described in the instructions........ �1 37a ................. ............. b Did the organization file Form 1120-POL for this year?.................................................................... X ................... ................... .................... X 38a Did the organization borrow from, or make any loans to, any officer, director, trustee, or key employee or were any such loans made in a prior year and still unpaid at the start of the period covered by this return? ............... ....................... ................. 38b N b If 'Yes,' attach the schedule specified in the line 38 instructions and enter the amount involved ............ .. .................. , 39 501(c)(7) organizations. Enter: a Initiation fees and capital contributions included on line 9......... 39a N/A b Gross receipts, included on line 9, for public use of club facilities ............................... 39b N/A [,� 40a 507(c)(3) organizations. Enter: Amount of tax imposed on the organization during the year under. section 4911 ► 0. ; section 4912 ► 0 . ; section 4955 ► 0 . b 507(c)(3) and (4) organizations. Did the organization engage in any section 4958 excess benefit transaction during the year or did it become aware of an excess benefit transaction from a prior year? If 'Yes,' attach an explanation.................................................................... :::::::::::.::. .:.; X e Amount of tax imposed on organization managers or disqualified persons during the year under 4912, 4955, and 4958.................... ► U . d Enter: Amount of tax on line 40c, above, reimbursed by the organization ..................................... 0. 41 list the states with which a copy of this return is filed ► CALIFORNIA 42 The books are in care of ► ANITA ZANESCO Telephone no. ► 760) 360-4698 Located at ► 43-665 PISCES COURT LA QUINTA CA ZIP+4 ► 9-2-�L—1 N253� 43 Section 4947(a)(1) nonexempt charitable trusts filing Form 990-EZ in lieu of form 1041— Check here ............. /A and enter the amount of tax-exempt interest received or accrued during the tax year ...................... ► 43 1 N/P Under penalties rjury, ecl a that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is Please true, correct c rple p ,r (other than officer) is based on all information of which preparer has any knowledge, Sign MAGGIE BORISKI Here ► LUP ► PRESIDENT Signature of officer Date Type or print name and title Paid Preparer's Date Check if Prepar is SSN or PTIN (See signature , ., / ,..-..-- - -- t self ► ,}eq (aa instruction M Pre- /< �'! a ernoloved LV/i1 parer's Ye' name f (or GLORIA J . HIo Use I employed). ► 441 S. CALLE STE. 15 BAA TEEA0812L DIAO/05 EN ► N/A Phone rro. ► (760) 323-3586 F6rm 990-Fib.J"41 ;} 4., t. Organization Exempt Under SCHEDULE A Section 501(c)(3) (Form 990 or 990-EZ) (Except Private Foundation) and Section 501(e), 501ft 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust Supplementary Information — (See separate instructions.) De f the. Treasury -EZ. internal Service I s- MUST be completed by the above organizations and attached to their Form 990 or 990 0047 2004 Name of the organization Employer identification number SOROPTIMIST INTERNATIONAL OF LA QUINTA �33-0054832 Compensation of the Five Highest Paid Einployees Other Than Officers, Directors, and Trustees (See instructions. List each one. If there are none, enter 'None.') (b) Title and average (c) Compensation (d) Contributions (e)Expense T to employee benefit account and other T employee paid more hours per week plans and deferred v, than $50,000 devoted to position allowances (a) Name and address of each compensation I NONE - - - - - - - - Total number of other employees paid 0 over $50,000 ........... .... ......... .. I X Compensation of the Five Highest Paid Independent Contractors for Professional Services (See instructions. List each one (whether individuals or firms). If there are none, enter 'None.') (a) Name and address of each independent contractor paid more than $50,000 NONE - - - - - - - - - - - - - - - - - - - - - - Total number of others receiving over $50,000 for professional services . . ....... 0 BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 and Form 990-EZ. (b) Type of service I (c) Compensation Schedule A (Form 990 or 990-EZ2fW-7 % 4— -j TEEA04011L 07/22/04 Schedule A (Form 990 or 990-E 2004 SOROPTIMIST INTERNATI( 33-0054832 Pa e 2 att< Statements About Activities (See instructions.) Yes No 1 During the year, has the organization attempted to influence national, state, or local legislation, including any attempt to influence public opinion on a legislative matter or referendum? If 'Yes,' enter the total expenses paid or incurred in connection with the lobbying activities ..... 0' $ NIA (Must equal amounts on line 38, Part VI -A, or line i of Part VI-B.)................................................... 1 X Organizations that made an election undersection 501(h) by filing Form 5768 must complete Part VI -A. Other organizations checking 'Yes' must complete Part VI-B AND attach a statement giving a detailed description of the 9 g 9 P lobbying activities. 2 During the year, has the organization, either directly or indirectly, engaged in an of the following acts with any Y substantial contributors, trustees, directors, officers, creators, key empl oyees, to , or members of their families, or with an P Y Y taxable organization with which an such person is affiliated as an officer, director, trustee majority owner, or principal 9 Y P, J Y P P beneficiary? (If the answer to any question is 'Yes,' attach a detailed statement explaining the transactions. a Sale, exchange, or leasing of property?.......................................................................... 2a X b Lending of money or other extension of credit? ... ... ........ ............................ .......................... j 2bl I X c Furnishing of goods, services, or facilities? ........... . ................. ( 2c ........................................ d Payment of compensation (or payment or reimbursement of expenses if more than $1,000)? .......................... I2d e Transfer of any part of its income or assets?...................................................................... I 2e 3a Do you make grants for scholarships, fellowships, student loans, etc? (If 'Yes,' attach an explanation of how you determine that recipients qualify to receive payments.) ...........SEE. STATEMENT . 7....... 3a X b Do you have a section 403(b) annuity plan for your employees?..................................................... 3b 4a Did you maintain any separate account for participating donors where donors have the right to provide advice on the use or distribution of funds?.............................................................................. 4a b Do you provide credit counseling, debt management, credit repair, or debt negotiation services?.. . ......... ....... 4b Reason for Non -Private Foundation Status (See instructions.) The organization is not a private foundation because it is: (Please check only ONE applicable box.) 5 A church, convention of churches, or association of churches, Section 170(b)(1)(A)(i). 6 A school. Section 170(b)(1)(A)(ii). (Also complete Part V.) 7 A hospital or a cooperative hospital service organization. Section 170(b)(1)(A)(iii). 8 A Federal, state, or local government or governmental unit. Section 170(b)(1)(A)(v). 9 A medical research organization operated in conjunction with a hospital. Section 170(b)(1)(A)(iii). Enter the hospital's name, city, 11 andstate► ______________________________ ___ __ _ _ _ 10 11 An organization operated for the benefit of a college or university owned or operated by a governmental unit Section 170(b)(1)(A)(iv). (Also complete the Support Schedule in Part IV -A.) 11 a I An organization that normally receives a substantial part of its support from a governmental unit or from the general public. Section 170(b)(1)(A)(vi). (Also complete the Support Schedule in Part IV -A.) 11 b FIA community trust. Section 170(b)(1)(A)(0). (Also complete the Support Schedule in Part IV -A.) 12 X1 An organization that normally receives: (1) more than 33-1t3% of its support from contributions, membership fees, and gross receipts from activities related to its charitable, etc, functions — subject to certain exceptions, and (2) no more than 33-1f3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See section 509(a)(2). (Also complete the Support Schedule in Part IV -A.) 13 An organization that is not controlled by any disqualified persons (other than foundation managers) and supports organizations described in: (1) lines 5 through 12 above; or (2) section 501(c)(4), (5), or (6), if they meet the test of section 509(a)(2). (See section 509(a)(3).) Provide the following information about the supported organizations. (See instructions.) (a) Name(s) of supported organization(s) (b) Line number from above �j 14 F�--ll An organization organized and operated to test for public safety. Section 509(a)(4). See instructions. " 2) _ I I 9 9 Pe p Y•( ) 13AA TEEA0402L 07/27/04 Schedule A (Form 990 or Form 990-EZ) 2004 Schedule A (Form 990 or 990-EZ) 2004 SOROPTIMIST INTERNATIONAL OF LA QUINT 33-0054832 Page 3 aid?i4A>~ Support Schedule (complete only if you checked a box on line 10, 11, or 12.) Use cash method ofaccountinq, Note: You ma use the worksheet in the instructions for converting from the accrual to the cash method of accounting. Calendar year (or fiscal year (a) (b) (c) (d) (e) beginning in) .................... 01 2003 2002 2 01 2000 Total 15 Gifts, grants, and contributions received. (Do not include unusual 2rants. See line 28.... 4,676. 4,539. 1,735. 2,684, 13 634 . 16 Membership fees received..... _ 1,880. 3,957. 4,577, 4,409. 14,823, 17 Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity, that is related to the organization's charitable, etc, purpose ............ 27,392. 151711. 22,530. 13,232. 78,865. 18 Gross income from interest, dividends, amounts received from payments on securities loans (section 512(a)(5)), rents, royalties, and unrelated business taxable income (less section 511 taxes) from businesses acquired by the organ- ization after June 30, 1975 .......... 23. 18. 51. 100. 192. 19 Net income from unrelated business activities not included in line 18 ...... 20 Tax revenues levied for the organization's benefit and either paid to it or expended on its behalf .................. . 21 The value of services or facilities furnished to the organization by a governmental unit without charge. Do not include the value of services or facilities generally furnished to the public without charge ...... 22 Other income. Attach a schedule. Do not include gain or (loss) from sale of capital assets ................. 23 Total of lines 15 through 22.... 33,971. 24, 225. 28,893. 20,425. 107,514. 24 Line 23 minus line 17.......... 6,579. 8,514. 6,363. 7,193. 28,649. 25 Enter 1% of line 23............ 340. 242.. 289.1 204. 26 Organizations described on lines 10 or 11: a Enter 2% of amount in column (e), line 24.... .......... 0' 26a 573. b Prepare a list for your records to show the name of and amount contributed by each person (other than a governmental unit or publicly ........ supported organization) whose total gifts for 2000 through 2003 exceeded the amount shown in line 26a. Do not file this list with your return. Enter the total of all these excess amounts .................... ....................... .................. 0' 26b 26c 284649. c Total support for section 509(a)(1) test: Enter line 24, column (e)........................................ 01 d Add: Amounts from column (e) for lines: 18 192. 19 . :.::.......... 22 26b 26d 192:;: e Public support (fine 26c minus fine 26d total)........................................................... ► 26e 28,457. If Public support percentage (line 26e (numerator) divided by line 26c (denominator)) ....................... 0' 26f 99.33 % 27 Organizations described on line 12: a For amounts included in lines 15, 16, and 17 that were received from a 'disqualified person,' prepare a list for your records to show the name of, and total amounts received in each year from, each 'disqualified person.' Do not file this list with your return. Enter the sum of such amounts for each year: (2003)———— — — — — —— 0. (2002) — — — — — — — — — - 0. (2001)--_-------0_ (2000) 0, bFor any amount included in line 17 that was received from each person (other than 'disqualified persons'), prepare a list for your records to show the name of, and amount received for each year, that was more than the larger of (1) the amount on line 25 for the year or (2) $5,000, (Include in the list organizations described in lines 5 through 11, as well as individuals.) Do not file this list with your return. After computing the difference between the amount received and the larger amount described in (1) or (2), enter the sum of these differences (the excess amounts) for each year: (2003)———— — — — — —— 0. (2002)----------0_ (2001)----------0_ (2000)0 ; c Add: Amounts from column (e) for lines: 15 13,634. 16 14,823. 17 78,865. 20 21 127cl 107, 322. d Add: Line 27a total.... . and line 27b total............ 0. e Public support (line 27c total minus line 27d total) ........................ 0.1 Vej 107,322. f Total support for section 504 a 2 test: Enter amount from line 23 column PP OO � u n (e) 107. 514 . g Public support percentage (line 27e (numerator) divided by line 27f (denominator)).... . h Investment income percentage (line 18, column (e) (numerator) divided by line 27f (den( linator)) .......... 82 % 18 % 28 Unusual Grants: For an organization described in line 10, 11, or 12 that received any unusual grants during 2000 through 2003, prepare a list for your records to show, for each year, the name of the contributor, the date and amount of the grant, and a brief description of the nature of the grant. Do not fife this list with your return. Do not include these grants in line 15, SAA TEEA0403L 07)23r04 Schedule A (Form 990 or 990- Wt Schedule A (Form 990 or 990-E 2004 SOROPTIMIST INTERNATIONAL OF LA QUI 33-0054832 Pa e 4 Private School Questionnaire (See instructions.) (To be completed ONLY by schools that checked the box on fine 6 in Part IV) N/A No 29 Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws, other governing instrument, or in a resolution of its governing body? ............................................... . 30 Does the organization include a statement of its racially nondiscriminatory policy toward students in all its brochures, catalogues, and other written communications with the public dealing with student admissions, programs, andscholarships?........................................................................................... 31 Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during the period of solicitation for students, or during the registration period if it has no solicitation program, in a way that makes the policy known to all parts of the general community it serves? ............................................ . If 'Yes,' please describe; if 'No,' please explain. (if you need more space, attach a separate statement.) -------------------------------------------------------- 32 Does the organization maintain the following: a Records indicating the racial composition of the student body, faculty, and administrative staff? ...... . ................. b Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory basis?........................................................................................ c Copies of all catalogues, brochures, announcements, and other written communications to the public dealing with student admissions, programs, and scholarships?............................................................ . d Copies of all material used by the organization or on its behalf to solicit contributions? ............................... . If you answered 'No' to any of the above, please explain. (If you need more space, attach a separate statement.) 33 Does the organization discriminate by race in any way with respect to: a Students' rights or privileges?................................................................................... b Admissions policies?.......................................................................... c Employment of faculty or administrative staff?................................................................... . d Scholarships or other financial assistance? ............................................... . ...................... . e Educational policies?, . ................ — ........ ........................... ItUse of facilities?............................................................................................... gAthletic programs? ................ ............................................................................. h Other extracurricular activities?.................................................................................. If you answered 'Yes' to any of the above, please explain. (if you need more space, attach a separate statement.) 34a Does the organization receive any financial aid or assistance from a governmental agency? .......................... . b Has the organization's right to such aid ever been revoked or suspended? ........................................ . . If you answered 'Yes' to either 34a or b, please explain using an attached statement. 35 Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05 of Rev Proc 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? It 'No,' attach an explanation.. . . ...... ................ ............... BAA TEEA0404L 07/23/04 Schedule A (Form 990 or 990-EZ) 2004 Schedule A (Form 990 or 990-EZ 2004 SOROPTIMIST INTERNATIONAL OF LA QUIN 33-0054832 Page 5 1Pa=Ai : Lobbying Expenditures by Electing Public Charities (See instructions.) (To be completed ONLY by an eligible organization that filed Form 5768) N/A Check ► a if the organization belon s to an affiliated group. Check b if ou checked 'a' and 'limited contro['provisions a I . (a) (b)Limits on Lobbying Expenditures Affiliated group To he completed (The term 'expenditures' means amounts paid or incurred.) totals for ALL electing oroanizations 36 Total lobbying expenditures to influence public opinion (grassroots lobbying). . . ... _ 36 37 Total lobbying expenditures to influence a legislative body (direct lobbying) .......... 37 38 Total lobbying expenditures (add lines 36 and 37)................................. 38 39 Other exempt purpose expenditures ............................................. 39 40 Total exempt purpose expenditures (add lines 38 and 39) .......................... 40 41 Lobbying nontaxable amount. Enter the amount from the following table — It the amount on line 40 is — The lobbying nontaxable amount is — Not over $500,000...................... 20% of the amount on line 40 ..... Over $500 W(l but not over $1,000,000........... $100,000 plus 15% of the excess over $500,000 _.......... ..... Over $1,000,000 but not over $1,500,000.......... $175,000 plus 10% of the excess over $1,000,000 41 Over $1,500,000 but not over $17,000,000......... $225,000 plus 5% of the excess over $1,500,000 Over$17,000,000......................$1,000,000...................... 42 Grassroots nontaxable amount (enter 25% of line 41).............................. 42 43 Subtract line 42 from line 36. Enter -0- if line 42 is more than line 36 ................ 43 44 Subtract line 41 from line 38. Enter -0- if line 41 is more than line 38. ...... 1 44 Caution: If there is an amount on either line 43 or line 44, you must file Form 4720. 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the instructions for lines 45 through 50.) Lobbying Expenditures During 4 -Year Averaging Period aVolunteers.............................1.1...................... ............................. b Paid staff or management (Include compensation in expenses reported on lines c through h.).......... c Media advertisements.................................................................... ..... d Mailings to members, legislators, or the public .......................... ............. ........... e Publications, or published or broadcast statements ........................ ... .................. . f Grants to other organizations for lobbying purposes .............................................. . g Direct contact with legislators, their staffs, government officials, or a legislative body— .. ............ . h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any other means. . ............ i Total lobbying expenditures (add lines c through h.) .................... ..... ................... . If 'Yes' to any of the above, also attach a statement giving a detailed description of the lobbying activities. SAA Schedule A (Form 990 or 990-EZ) 2004 TEEAW5L 07/23/04 q �} �., # Schedule A (Form 990 or 990-EZ) 2004 SOROPTIMIST INTERNATIONAL OF LA QUI 33-0054832 Page 6 at7t1 Information Regarding Transfers To and Transactions and Relationships With Noncharitable Exempt Organizations (See instructions) 51 Did the reporting organization directly or indirectly engage in any of the following with any other organization described of the Code (other than section 501(c)(3) organizations) or in section 527, relating to political organizations? a Transfers from the reporting organization to a noncharitable exempt organization of: (i)Cash ................................................................................................... (H)Other assets. ....... ..... ....... ................ ................... b Other transactions: ' (i)Sales or exchanges of assets with a noncharitable exempt organization. . .................. (U)Purchases of assets from a noncharitable exempt organization ......................... ... ........... (W)Rental of facilities, equipment, or other assets.... ....... .............. ........ ............................. (v)Reimbursement arrangements............................................................................ (v)Loans or loan guarantees................................................................................ (vi)Performance of services or membership or fundraising solicitations ........................................... c Sharing of facilities, equipment, mailing lists, other assets, or paid employees ..................................... d If the answer to any of the above is 'Yes,' complete the followingschedule. Column (b) should always show the fair market the goods, other assets, or services given by the reportin organization. If the organization received less than fair market an transaction or sharingarrangement, show in column jd) the value of the goods, other assets, or services received: in section 501(c) Yes No 51 a i X a ii X b 01 X b ) ii X b ii7 X b iv X b (v) X b (vi) X _c X value value in of (a) Line no. (b) Amount involved (c) Name of noncharitable exempt organization (d) Description of transfers, transactions, and sharing arrangements N/ 52a Is the organization directly or indirectly affiliated with, or related to, one or more tax-exempt organizations described in section 501(c) of the Code (other than section 501(c)(3)) or in section 527?........................... Yes IAI No SAA Schedule A (Form 990 or 990-E2) 2004 TE EA0406� 11/29/04 1 �i COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Consideration of a Facility Use Agreement with the La Quinta Arts Foundation for the of the Civic Center Campus RECOMMENDATION: P AGENDA CATEGORY: BUSINESS SESSION: vL CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Facility Use Agreement with the La Quinta Arts Foundation for the Civic Center Campus and provide staff with direction regarding the application of the facility use fee for the 2007 festival. FISCAL IMPLICATIONS: Should the City Council approve the two-year agreement with the La Quinta Arts Foundation ("Foundation") for the use of the Civic Center Campus, the Foundation potentially would be displacing other users of the facilities which would generate the facility use fees. As currently drafted, the Facility Use Agreement would require that the Foundation pay the established use fees for the utilization of the City facilities. On July 21, 2006, the City Council directed staff to provide information to the City Council to consider an exemption for the 2007 Festival in coordination with the City's 25th Anniversary. If the Council chooses to exempt the Foundation from the payment of the fee in 2007, the City would lose approximately $20,600 in facility use revenue. CHARTER CITY IMPLICATIONS: None. 4 112) 9 BACKGROUND AND OVERVIEW: On April 22, 2005, the City received correspondence from the Foundation requesting consideration for a multi -year agreement to use the Civic Center Campus for the La Quinta Arts Festival (Attachment 1).At that time, the Council indicated that it was in favor of allowing the Foundation to use the Civic Center Campus for the art festival for three years, after which other locations could be considered. The first of the three years was the March 2006 festival. On July 21, 2006, the City Council approved $125,000 through a Contract Services Agreement for the Foundation to market the 2007 Arts Festival ("Festival"). The City Council also directed staff to address the exemption of facility use fees for the 2007 Festival and this may be accomplished as part of the Use Agreement. In 2005 and 2006 the Foundation received $100,000 to market the Festival. The Foundation utilized the Civic Center Campus and Senior Center for the Festival and paid the established facility use fees for such use. The facility use fees have been deducted from the marketing grant prior to issuance of funds to the Foundation. The facility use fees totaled $20,600 for the 2006 Festival. Attachment 2 is a proposed Use Agreement in which the Foundation would be granted use of the Civic Center Campus (which would also include the Senior Center or portions of phase If of the Library) for two additional years, with the option to extend the agreement for up to two more years should both parties agree. If approved, the Use Agreement as currently written, would assess the facility use fees to the Art Foundation. If the facility use fees for the 2007 festival are exempted by the City Council, the Foundation will not pay facility use fees for the 2007 Festival; however, the facility use fees will be in effect for the 2008 festival facility use. The Foundation will need to apply for a Temporary Use Permit for each annual event. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Facility Use Agreement with the La Quinta Arts Foundation for the Civic Center Campus and provide staff with direction regarding the application of the facility use fee for the 2007 festival; or 2. Approve the Facility Use Agreement with the La Quinta Arts Foundation with modification and proved staff with direction regarding the application of the facility use fee for the 2007 festival; or 430 3. Do not approve the Facility Use Agreement; or 4. Provide staff with alternative direction. Respectfully submitted, Edie ylton, Co munity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. April 18, 2005 Letter 2. Facility Use Agreement Agreement 7 ATTACHMENT 1 April 18, 2005 Mr. Thomas P. Genovese, City Manager City of La Quints P. O. Box 1504 La Quinta, CA 92247 Dear Tom, 0 APR 2 1 2006 i,A QUrrrTA FOUNDATION As the curtain falls on the 2e annual La Quanta Arts Festival, it is with optimism for the future that I write to you. The very successful show drew rave reviews from attendees and artists alike proclaiming the La Quints Civic Center Campus the most aesthetically perfect venue to showcase the highest quality art offered at the Festival. Literally thousands of Le Quints residents and beyond were introduced to the beautiful campus and its marry wonderful features, and they can't stop talking about it' In addition, the proceeds from the event will for yet another year, successfully fund LQAF's education programs and scholarships In our local elementary, high schools and colleges. The City of La Quints grasped long ago the concept of integrated communities where recreation and cultural opportunities are a significant dynamic that entices people to choose where and how they want to live - a lidestyle. It has been said that La Quints Arts Festival is the cultural gem in La Quinta's crown, growing up and maturing right along with the City. As the City plans for its future growth, so too is La Quints Arts Foundation. The purpose of this letter is to first thank and acknowledge all City staff and Council Members who supported and assisted with La Quinta Arts Festival 2005. It truly takes the receptiveness and cooperation of hundreds of people in the community to accomplish a well-mn event of this magnitude. We sincerely appreciate the cooperation afforded LOAF through the process. Next, we would like to open a dialogue to explore the possiblUty of a multi -year agreement to hold the annual La Quints Arts Festival at the Civic Center Campus along with the City of La Quanta as the Premier Sponsor of the event to include the annual Contract Services Agreement We know the Civic Center Campus, while beautiful, has Inherent challenges such as parking and deterioration of the space for City Hall expansion. However, we believe that if we begin discussions now those challenges can be remedied. In addition, we are underway planning the Foundation's overall activities for FY 06-06. Desert Pleln Air and Art Under the Umbrellas programs are being rpyj¢wed. It may be appropriate to include these activities in our discussions as well.' POST OFFICE BOX 777 A LA QUINTA, CA 92247 A 760 564 1244 A FAX 760 564 6884 Mr. Thomas P. Genovese City of La Quinta April 18, 2005 Page Two Finally, while we are considering our short term needs and plans for the next three to five years, we also are looking beyond that scope to begin formulation of long range plans for the Foundation. SllverRock Resort has been mentioned as a possible permanent bcatan for La Quinta Arts Festival and perhaps a La Quinta Arts Foundation program and administrative center. As the next phase of planning and development begins for SilverRock Resort's build out, we request to be included In the process. May we set up an appointment at your earliest convenience to begin our discussions? /, . Executive Director Cc: LQAF Board of Directors Mark Weiss, Assistant Ctiy Manager Dodie Horvitz, Community Services Director Honorable Mayor Adolph and City Council Members ATTACHMENT 2 FACILITY USE AGREEMENT BY AND BETWEEN THE LA QUINTA ARTS FOUNDATION AND THE CITY OF LA QUINTA This Facility Use Agreement ("Agreement") is entered into this 1 st day of August, 2006, by and between the La Quinta Arts Foundation, a California non- profit organization ("Foundation"), and the City of La Quinta, a municipal corporation ("City"). The City and the Foundation are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, the City owns certain real property generally referred to as "the Civic Center Campus" located between City Hall, the Senior Center, and the City Library, within the City of La Quinta (the "Property"). The Property is depicted on Exhibit "A" attached hereto and incorporated herein by reference; WHEREAS, the Foundation organizes and puts on an annual four -day outdoor fine arts festival referred to as the La Quinta Arts Festival ("Festival") customarily held on the third weekend in the month of March in the City of La Quinta; WHEREAS, the City supports and encourages cultural events which provide benefits to the community; and WHEREAS, in consideration of the Foundation's efforts in connection with the Festival, the City agrees to allow the Foundation to use the Property for the Festival on the following terms and conditions. AGREEMENTS NOW, THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of Non -Exclusive Use of the Property. The City hereby grants the Foundation the right to use the Property subject to the terms and conditions of this Agreement. The use of the Property shall be subject to City's use of the Property in the ordinary course of business and as further described herein. 2. Periods for Use of Property. Foundation shall have use of the Property for the following two Festival periods: (i) March 7, 2007 to March 14, 2007 for the Festival set up, March 15, 2007 through March 18, 2007, for the Festival, and March 19, 2007 to March 21, 2007 for Festival break down/clean up, and (ii) March 6, 2008, to March 12, 2008, for the Festival set up, March 13, 2008 through March 16, 2008, for the Festival, and March 17, 2008, to March 20, 2008, for the Festival break down/clean up (collectively referred to. in the sin ular as "Use Period"). During the Use Period, the Foundation shall use the Property for purposes of organizing and putting on the Festival. The Festival set up, operation, and tear down shall be undertaken in substantially the same manner as the 2006 Festival. If the Foundation decides to after the dates of the 2007 or 2008 Use Period for any reason, Foundation shall, not less than six (6) months prior to the desired dates, provide City a written request with alternate dates for the Use Period and the City shall, at its sole discretion, approve or deny such request in writing. 3. Term. This Agreement shall be valid from August 1, 2006, until March 31, 2008. The obligations of Foundation under this Agreement shall survive termination of the Agreement. 4. Applicable Permits and Fees. Prior to commencement of the Use Period and as a condition precedent to the City's obligations under this Agreement, Foundation shall procure and obtain at its sole cost and expense all licenses, permits, consents, and authorizations as may be necessary or required by law for the use of the Property for the Festival including, but not limited to, the City's Special Events permit. The Foundation shall pay the attendant facility use fees and the normal permit processing fees. The Foundation shall comply with all necessary terms and conditions relating to procurement of such licenses, permits, consents, and authorizations, including, but not necessarily limited to, any insurance requirement. 5. Materials and Personnel Provided by Foundation. Foundation shall provide all materials and equipment to be used in the Festival. Foundation shall at its sole cost and expense employ an adequate number of competent and responsible personnel to be on the Property at all times during the Festival to supervise participants and spectators and ensure safety and order. 6. Parking Facilities, The City grants Foundation the non-exclusive right to use City owned parking lots on the Property during the Use Period. Notwithstanding the foregoing, Foundation shall, at its sole cost and expense, employ an adequate number of competent and responsible personnel to be present at all times on the City Hall parking lot located on the south side of the Property during all City business hours during the Use Period for the purpose of ensuring that no vehicle associated in any way with the Festival parks in said parking lot without prior written approval from the City Manager. Said personnel shall be directed to allow all City employees and persons conducting City Business to park in the City Hall parking lot during City business hours. The Foundation shall develop a parking plan which ensures that parking associated with the Festival in no way interferes with parking associated with City Hall and the Library building operations. 7. Responsibility for Participants. Foundation shall be solely responsible for the care, safety, and supervision of all participants and spectators present on the Property during the Use Period and for all claims and liabilities arising there from. r 4J 8. Foundation's Obligations With Respect to Condition of Property. (a) Foundation shall maintain the Property and all improvements thereon in good condition, free of debris, rubbish, waste, and graffiti. It shall be the obligation of Foundation to ensure that the Property is restored at the end of the Use Period to the condition that the Property was in at the commencement of the Use Period. The determination of whether the Property has been properly restored shall be made by the City Manager or his designee, and his determination shall be final. The Foundation shall take all steps directed by the City Manager or his designee to restore the Property to his satisfaction. (b) Foundation shall be responsible to make all repairs and/or replacements of any City property destroyed or otherwise damaged during the set up, the tear down, or the Use Period by Foundation employees, or agents or by participants and/or spectators of the Festival. The City may demand that any damage or destruction be repaired or replaced by Foundation within thirty (30) days of the end of the Use Period or, at City's discretion, City may make such repair and replacement and Foundation shall reimburse City for such expense within thirty (30) days of receipt of invoices reflecting said expenses. (c) If any such destruction or damage occurs during the Use Period on the Property, it shall be presumed between the City and Foundation that the expense of such destruction or damage is the obligation of Foundation and the burden shall be placed on Foundation to prove that City should be liable for such expense. (d) Foundation shall be responsible, at its sole expense, to discard all debris, rubbish, and waste on the Property resulting from the Festival legally in a location off of the Property. 9. No Guarantee of Grant Funds. This Agreement shall not be read, interpreted or understood as a guarantee by the City of any funds, compensation, or grants to Foundation for the Festival and shall not have the legal effect of superseding any prior agreement or understanding between the City and Foundation in this respect. 10. Limitation on Use of the Property. The Foundation acknowledges that the City is in the process of expanding its City Hall. Notwithstanding any provision herein, the City shall have the right in its sole discretion to conduct construction or repair activity of any type at all times including during the Use Period on the Property, including but not limited to, construction work associated with the City Hall expansion. Foundation shall have no legal or equitable claim against the City, City agent, or third Party to the extent that City construction or repair activity restricts in any manner the ability of Foundation to use the Property as envisioned herein. 1 1 . Call Out List. No less than two months prior to commencement of the Use Period, Foundation shall provide the City a call out list with the names and contact information for persons designated by the Foundation authorized to act in its behalf with respect to the Festival, making any decision necessary in connection with the Festival, and to respond to any City inquiries. 12. Non -Assignment. Foundation's rights under this Agreement to use the Property for the Festival are personal to Foundation and non -assignable without written consent from the City, and any purported transfer, assignment, or other conveyance of any of the rights under this Agreement absent such City consent shall be null and. void. 13. Applicable Law. Foundation shall keep itself fully informed of all existing and future state and federal laws, and all county and City ordinances and regulations which in any manner affect the activities of Foundation under this Agreement, and shall at all times observe and comply with, and cause all of Foundation's employees, agents, volunteers, participants, and spectators to observe and comply with, all such laws, ordinances, and regulations. 14. Insurance. (a) Foundation shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Foundation's acts or omissions rising out of or related to Foundation's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Foundation's performance hereunder and neither the City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the services hereunder. The amount of insurance required hereunder shall be in accordance with the following limits: $1,000,000 per individual; $3,000,000 per occurrence. (b) Foundation shall also carry automobile liability insurance of $3,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Foundation, its officers, any directly or indirectly employed by Foundation and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Foundation's performance under this Agreement. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Foundation's performance hereunder and neither the City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming the City and its officers and employees as additional insureds shall be delivered to and approved by the City prior to commencement of the Use Period. (c) Foundation shall also carry Workers' Compensation Insurance in accordance with State Workers' Compensation laws. (d) All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice of proposed cancellation to City. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Foundation's obligation to indemnify the City, its officers, employees, foundations or agents. 15. Indemnification. (a) Foundation shall defend, indemnify and hold harmless the City, its officers, officials, employees, representatives and agents ("City Indemnitees"), from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees ("Claims"), for injury to or death of person(s), for damage to ' property (including property owned by the City), or for errors and omissions committed by Foundation, its officers, anyone directly or indirectly employed by Foundation and agents or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to this Agreement or the Festival, except to the extent of such loss as may be caused by City's own active negligence, sole negligence or willful misconduct, or that of its officers or employees. (b) In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceedings in any way involving such Claims, Foundation shall provide a defense to the City Indemnitees, or at the City's option, reimburse the City Indemnitees their costs of defense, including attorney's fees, incurred in defense of such claim. In addition, Foundation shall be obligated to promptly pay any final judgment or portion thereof rendered against the City Indemnitees. 16. Remedies. In addition to any other remedies the City may have if Foundation fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City may, at its sole option: (a) Obtain such insurance and invoice Foundation the amount of the premiums for such insurance. Foundation shall remit payment to City of such premium amount no later than three (3) days following receipt of such invoice. (b) Order Foundation to stop work under this Agreement and/or withhold any City obligation which becomes due to Foundation hereunder until Foundation demonstrates compliance with the requirements hereof. (c) Exercise of any of the above remedies, however, is an alternative to any other remedies the City may have and are not the exclusive remedies for Foundation's failure to maintain or secure appropriate policies or endorsements, including termination at City's sole discretion. Nothing herein contained shall be construed as limiting in any way the extent to which Foundation may be held responsible for payments of damages to persons or property resulting from Foundation's performance of work under this Agreement. 17. Enforcement of Agreement. (a) This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, Indio Branch, State of California, and Foundation covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. (b) In the event of any dispute arising under this Agreement, the injured Party shall notify the injuring Party in writing of its contentions by submitting a claim therefor. The injured Party shall continue performing its obligations hereunder so long as the injuring Party commences to cure such default within three (3) days of service of such notice and completes the cure of such default within five (5) days after service of the notice, or such longer period as may be permitted by the nondefaulting Party; provided that if the default is an immediate danger to the health, safety and general welfare, the City may take such immediate action as the City deems warranted, including termination of this Agreement. (c) No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Foundation requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Foundation. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. (d) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. (e) In addition to any other rights or remedies, either Party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. (g) Subject to any indemnification right of City, if either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing Party. 18. Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to Foundation, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Foundation or to its successor, or for breach of any obligation of the terms of this Agreement. 19. Miscellaneous Provisions. (a) Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Attention: Community Services Director To Foundation: LA QUINTA ARTS FOUNDATION P.O. Box 777 La Quinta, CA 92247 Attention: Christi Salamone (b) Integrated Agreement. This Agreement contains all of the agreements of the Parties and all previous understandings, negotiations and agreements are integrated into and superseded by this Agreement. (c) Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. (d) Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. (e) Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Dated: ATTEST: JUNE S. GREEK, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney Dated: CITY OF LA QUINTA: M THOMAS P. GENOVESE, City Manager LA QUINTA ARTS FOUNDATION: as Name: Title: ��2 COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Consideration of Civic Center Campus Acknowledgement Area Applications RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Once the names of those being recognized are approved by the City Council, the bronze plates for the acknowledgment area monuments will be sent to a water jet engraver to have the names etched into the plates. The cost of adding the names to the bronze plates will be approximately $35 per name and $3.25 per letter per name. The cost of engraving and shipping the bronze plates will be an amount not to exceed $3,000. In August 2004, $10,000 was appropriated for this acknowledgement area of which $3,746 is still available as of June 30, 2006. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On September 18, 2001, the City Council approved the criteria for the Acknowledgment Area monuments for veterans, artists and sports figures to be located on the Civic Center Campus. In addition, the City Council selected the first meeting in August of each year to consider additional names to be included on the art pieces. The criteria for each area are listed below: Veterans: 1. 3-year resident of La Quinta (past or present); and 2. Proof of Military Service: Form DD-214 or Notice of Separation The following classifications are considered Veterans: All branches of the Military identified by the Department of Veteran's Affairs; Reservists who have served a minimum of six (6) years; and Merchant Marines who have served on Active Duty. The field of art includes the following categories: Painting, sculpture, tile work, the performing arts, architecture, and landscape architecture. Artists: 1. Three-year resident of La Quinta (past or present); and 2. Achieved national, state or local recognition in a field of the arts; and 3. Contributed to the City of La Quinta's image; and 4. Nomination form must be signed by ten La Quinta residents. A sports figure would be an individual that has participated in a formally recognized sporting activity. Sports: 1. Three-year resident of La Quinta (past or present); and 2. Achieved national, state or local recognition; and 3. Contributed to the quality of life for the citizens of the City of La Quinta; and 4. Nomination form must be signed by ten La Quinta residents. As of this report, eight applications for Veterans have been submitted. Two applications have been received for artists and sports figures. Once the City Council approves the names of those individuals to be recognized as part of the Acknowledgment Areas, the names will be etched into the bronze plates as part of the artwork. It is anticipated that this process will take approximately 6 to 8 weeks. VETERANS The following applications have been submitted for consideration as part of the Veteran's Acknowledgment Area: Name Branch of Service Date of Service William Dawson Navy-Lt. 1962-1970 Kenneth Weise Marines -Gunnery Sgt. 1941-1945 Michael Limon Army-PFC E-3 1967-1970 Brendan McManus Army -SSG 2000-2006 Paul Armstrong Army-SP4 1972-1978 Lloyd Leavitt, Jr. Air Force-Lt. General 1950-1981 a �' James Engle, Jr. Army-SPC 1986-1989 Ralph Engle Navy -Gunner's Mate 2"d Class 1941-1945 SPORTS FIGURES The following applications have been submitted for consideration as part of the Sport's Figures Acknowledgment Area: Name Type of Sport Date of Service Bob Winkles Pro Baseball Coach 1959-1978 Jessica Hartung Athlete of the Year 2006 2003-2006 Applications and supporting materials for the Veteran's and Sport's Figures Acknowledgment Area are on file with the Community Services Department. Once the individuals have been selected for the Acknowledgment Areas, staff will confirm spelling of names and dates with the individual prior to having the names placed upon the bronze plate. Staff is planning a special event for November 11, 2006, Veteran's Day, at which time those listed as part of the Acknowledgment Areas this year will be recognized, with a certificate being issued to each of the individuals. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Authorize the names of veterans to be included on the Veteran's Acknowledgment Area and authorize the expenditure of Art in Public Places funds in an amount not to exceed $3,000 to add the names to the bronze plates; or 2. Approve one or more of the veterans and authorize the expenditure of Art in Public Places funds in an amount not to exceed $3,000 to add the names to the bronze plates; or 3. Do not approve one or more of the veterans; and do not authorize the expenditure of Art in Public Places for funds in an amount not to exceed $3,000 to add the names to the bronze plates; or 4. Provide staff with alternative direction. Respectfully submitted, Edie Hylton,,Community Services Director Approved for submission by: .or Thomas P. Genovese, City Manager 4,1103 c��T �ti5w OF T COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Consideration of Tobacco Licensing and Enforcement Efforts and an Ordinance Regarding Licensing Tobacco Retailers in the City of La Quinta RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed ordinance for the City of La Quinta does not establish a fee for obtaining a tobacco license. Rather, it allows the City Council to impose a fee, if desired, and establish an amount, by resolution at a later date. If the City Council elects to enhance tobacco enforcement efforts via the La Quinta Police Department (LQPD), the recommendation is to conduct several "sting operations." An estimated $800 would be needed per operation. The frequency of the operations and which establishments are more heavily monitored would be a decision that Council, the LQPD, and staff could determine in collaboration. Approximately 20 establishments that sell tobacco have been identified in the City. The production of written material for purposes of educating retailers on the sale of tobacco products would involve additional expenses. CHARTER CITY IMPLICATIONS: None. f BACKGROUND AND OVERVIEW: On June 20, 2006, the City Council considered a model ordinance for tobacco retail licensing as proposed by the County of Riverside (Attachment 1). The request to adopt a model ordinance was issued by the Coachella Valley Association of Governments (CVAG) to each of its member jurisdictions. Council considered the model ordinance and, after some discussion, declined to support it. The Council then directed staff to explore alternatives that would achieve the goal of reducing or eliminating the sale of tobacco products to minors. Licensing requirements and enforcement efforts both play a significant role in accomplishing this goal. As listed below, staff offers Council information on the following examples/options: 1) City of Temecula tobacco licensing ordinance and enforcement efforts; 2) proposed City of La Quinta tobacco licensing ordinances; and 3) possible La Quinta Police Department enforcement efforts. City of Temecula Tobacco Licensing Ordinance and Enforcement Efforts The City of Temecula recently passed an ordinance, which requires retailers of tobacco products to obtain a city tobacco license (Attachment 2). No tobacco license fee was imposed on the estimated 100 tobacco retailers identified in Temecula above the regular business license fee of $35 (flat rate). Temecula has issued a letter to all tobacco retailers regarding the required tobacco license and set a deadline for response of July 31, 2006. The tobacco license application is now part of their regular business license process (i.e., an addendum). Tobacco retailers are required to provide the license number issued to them by the State Board of Equalization and are given a different color business license, which they are required to post. After the July 31 deadline, it will be the duty of city enforcement officers to inspect the establishments and check for the proper "color" business license. The first visit will be a courtesy visit. The Temecula ordinance imposes stringent fines and penalties for tobacco license violations. It also grants the city manager the authority to engage in settlement discussions to try and resolve violations and prevent their reoccurrence. Settlement payments range from $1,000 to $5,000 for first and second violations within a five year period. Furthermore, if the city manager has reason to believe that any of the ordinance requirements, conditions, or prohibitions have been violated, the city manager may initiate proceedings for the revocation or suspension of the tobacco retailer's license. A revocation hearing will be arranged with a hearing officer. Suspensions range from 10 days to 90 days for violations within a five year period. If a license has been revoked, the retailer is not allowed to apply for a new one until five years has passed from the order of revocation. Furthermore, if a retailer is engaged in tobacco retailing without a valid license, penalties for issuance of a new license range from 30 days to five years during which time the retailer would not be able to obtain a license. On the enforcement side, the Temecula Police Department has been conducting quarterly tobacco "sting operations" for some time, even before the tobacco ordinance was adopted. The operations are conducted via an eight -officer Problem Oriented Policing team. Three officers are involved in the operation as well as an explorer who is approximately 16 years of age (the decoy). Proper guidelines are followed, for example, parental consent is required for the involvement of the minor, and he or she is required to have identification showing their true age. A variety of stores are visited such as Wal-Mart and smaller convenient stores. The Temecula Police Department reports that 20% to 25% of the time, the decoy's purchase of a tobacco product is successful regardless of whether or not identification is shown. The operation is usually conducted during the evening and into the night, and about 20 businesses are visited per operation. If the sale is successful, the decoy walks out and an officer walks in to let the clerk know of the violation. A citation is issued and the police report is sent to the city for follow up action(s). Proposed City of La Quinta Tobacco Licensing Ordinances The California Business and Professions Code, Section 22971.3, provides that local public entities are authorized to adopt local tobacco retail licensing requirements that may include annual fees and call for revocation or suspension of required tobacco licenses. In the event the City Council elects to require a license for the tobacco retailers in the City of La Quinta, currently estimated at 20, two ordinances have been prepared for Council consideration. The proposed ordinances leave the imposition of a tobacco license fee at the discretion of the Council. The main purpose is to promote tobacco retailer compliance with existing Federal, State, and local laws that govern the sale of tobacco products to minors. The ordinances describe the application process, issuance of licenses, violations, and grounds for revocation. The first ordinance is comprehensive and establishes a set of standards for the City separate from those found in State law (Attachment 3). It also incorporates applicable State law provisions and makes a violation of any of those provisions also a violation of the City ordinance. If it so chooses, the City can establish fines and penalties for violation of this ordinance above and beyond those imposed by State law. As written, this ordinance identifies several violations and spells out corresponding penalties and fines. If a tobacco retailer does not have a valid City tobacco license, it shall constitute a public nuisance. Consequently, the retailer can not display or sell tobacco products at his/her establishment and is subject to the following: • After a first violation within any five year period, no new license will be issued until 30 days have passed from the date of the last violation. • 'After a second violation within any five year period, no new license will be issued until 90 days have passed from the last violation. • After three or more violations within any five year period, the penalty goes up to five years from the last violation. Furthermore, a violation of any applicable Federal, State, or local tobacco -related and sign laws as well as those restricting the age of purchase for any product constitutes a violation a the City's tobacco retailer's license. Upon a violation, a retailer's license can be revoked or suspended or by order of a Hearing Officer for violations of requirements, conditions, or prohibitions within the ordinance. The issuance of a new license after revocation or suspension is governed by the following: • After a first license violation within any five year period, no new license shall be issued until ten days have passed from the date of the last revocation, suspension, or violation (whichever occurred last). • After a second violation within any five year period, no new license shall be issued until 30 days have passed. • After a third violation within any five year period, no new license shall be issued until 90 days have passed. • After four or more violations within any five year period, no new license shall be issued until five years have passed. Violations are also subject to civil action by the District Attorney or City Attorney and punishable by fines ranging from $250 to $1,000 for a first violation; $1,500 to $2,500 for a second violation; and $3,000 to $10,000 for a third violation. The second ordinance is a more basic version and relies on State law provisions and does not include any additional City standards (Attachment 4). In this second ordinance, a violation of the State law provisions/standards triggers the City's authority to revoke or suspend a City issued license. The City is essentially relying on a conviction or State Board of Equalization action under the applicable Business and Professions Code for purposes of suspension or revocation of a license. This would entail less expense on the part of the City, but the City would also not be taking the lead on the prosecution of violators. Under this ordinance, the City would have less authority, but police officers would 450 still be able to enforce the sale of tobacco to minors via Penal Code Section 308 and issue appropriate citations and fines. If the citations are prosecuted to conviction, the City will be able to use the convictions for purposes of revoking or suspending the license to sell tobacco. Possible La Quinta Police Department Enforcement Efforts In addition to or in lieu of adopting one of the proposed ordinances, the City can also engage in enforcement efforts. The La Quinta Police Department informs that police officers can currently undertake enforcement efforts consistent with State laws, specifically Penal Code Section 308 (a) and (b). This Section makes the sale of tobacco to minors a misdemeanor and the purchase of tobacco by minors punishable by fine or service (Attachment 5). If the City Council desires to engage in enforcement efforts, the LQPD recommends conducting "sting operations" similar to those described by the City of Temecula. Two School Resource Officers would be needed at $50 per hour per officer (overtime rate) to conduct the operations, which usually run approximately eight hours (total of $800 per operation). The operations could be conducted every quarter or as frequently as determined by Council, the LQPD, and staff. Similar to alcohol operations, which have proven to be successful, a decoy (young explorer) would be used to attempt to buy tobacco products. The officers and decoy would visit as many establishments as possible within the eight -hour operation; at least 20 establishments that sell tobacco in La Quinta have been identified. In terms of retailer violations under Section 308, the first offense is punishable by a $200 fine, $500 for the second offense, and $1,000 for the third offense. Further, any minor in violation can pay a fine of $75 or serve 30 hours of community work. Another approach to reducing the sale of tobacco to minors involves educating retailers. The LQPD is in full support of this approach and considers that the new Commercial District Deputy can be instrumental in educating tobacco retailers (e.g., licensing information, identification requirements, proper sign posting). If desired, an education program with appropriate collateral material can be explored. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt an Ordinance of the City of La Quinta Adding Chapter 6.20 to the La Quinta Municipal Code Relating to Licenses for Tobacco Retailers (selecting from the two options provided); or 71 2. Approve enforcement efforts in coordination with the La Quinta Police Department and appropriate funds in an amount deemed appropriate by the City Council; or 3. Provide staff with alternative direction. Respectfully submitted, 10 LI- Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Staff report on County model ordinance dated June 20, 2006 2. City of Temecula ordinance 3. City of La Quinta proposed ordinance (option one) 4. City of La Quinta proposed ordinance (option two) 5. Penal Code Section 308 452 Attachment 1 U-c 4 etf4-,� 12a&& OF f9 COUNCIL/RDA MEETING DATE: June 20, 2006 ITEM TITLE: Consideration of an Ordinance Regarding the Licensing of Tobacco Retailers RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: The proposed ordinance would establish a $350 annual fee per retailer for a tobacco license. The County of Riverside projects an annual cost of $875,000 to manage the program on a County -wide basis. The County indicates there is no net cost to jurisdictions that adopt this ordinance. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City Council continued this item from the meeting of June 6, 2006. The City of La Quinta received correspondence dated April 24, 2006 (Attachment 1) from the Coachella Valley Association of Governments (CVAG) regarding a model ordinance for tobacco retail licensing. The Executive Committee of CVAG approved distribution of the model ordinance to its member jurisdictions for consideration. In September 2005, the Board of Supervisors approved an ordinance calling for tobacco retailers to purchase a license in order to sell or distribute cigarettes or other tobacco products to adults. The ordinance establishes a license fee of $350 4 5 3 per year. To date, it appears three cities in Riverside County have adopted the model ordinance (Corona, Norco, and Riverside). The County estimates that the cost of operating the licensing effort will be $875,000 annually (assuming all Riverside County cities adopt the model ordinance); this includes a person assigned to the Coachella Valley to provide education and outreach to tobacco retailers. More detailed information on the issue is included in the correspondence from CVAG and the County, including: 1) information on the license fee; 2) a list of jurisdictions in California that currently have a tobacco license fee in place; 3) tobacco sales rates before and after licensing; and 4) a copy of the model ordinance that the City Council is being asked to consider. The County of Riverside is requesting that each city within the County adopt the model ordinance whereby the licensing requirement would be uniformly managed and enforced by the County. The County is particularly concerned about the sale of tobacco to minors. The Western Riverside Council of Governments (WRCOG) has also approved the distribution of the Tobacco Fee (Model) Ordinance to its member jurisdictions for agenda placement and consideration. Staff surveyed other Coachella Valley cities regarding this model ordinance. The City of Indio considered the item at a recent meeting and voted not to act on it. Other than that, only the Riverside County cities of Corona, Norco and Riverside have adopted the ordinance. If adopted, the responsibility of cities would involve having forms available at City Hall for distribution and working with County staff to allow the County access to City business license information. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Ordinance of the City of La Quinta regarding the licensing of tobacco retailers; or 2. Do not approve an Ordinance of the City of La Quinta regarding the licensing of tobacco retailers; or 3. Provide staff with alternative direction. 1,54 Respectfully submitted, Michael O'Connor, Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Correspondence from CVAG and the County of Riverside 4JJ COACHELLA VALLEY ASSOCIATIONS OF GOVERNMENTS DATE: April 24, 2006 TO: EXECUTIVE COMMITTEE FROM: Aurora Kerr, Director Department of Community Resources RE: Tobacco Retail Licensing Model Ordinance For Cities STAFF RECOMMENDED MOTION: That the Executive Committee Approve distribution of the Model Ordinance on Tobacco Retailer License Fee to its member jurisdictions for consideration. Human and Community Resources Committee: (3/22/06) Concurs. Technical Advisory Committee: (4/14106) Concurs. BACKGROUND: The Board of Supervisors approved an Ordinance in September 2005 which calls for tobacco retailers to purchase a license in order to sell or distribute cigarettes or other tobacco products to adults. The County's Ordinance calls for a license fee of $350 per year and impacts tobacco retailers in its unincorporated areas. Tobacco is the least regulated of all consumer products on the market. The County's action will regulate (at the local level) the operations of lawful businesses to discourage violations of federal, state, and local tobacco related laws. Here are what the main features of the Ordinance are and the County's responsibilities: Annual Renewal of license at $350.00; No mobile sales of tobacco allowed; Age of any clerk selling tobacco must be at least 18; License must be prominently displayed; Self service tobacco displays are prohibited; County Department of Public Health is the lead agency that will do all of the work, e.g., collect the fee, provide oversight, regulation and enforcement. Here are the City's responsibilities if they adopt the model ordinance: City considers and adopts the model ordinance; Have the forms available at their city hall for distribution; Allow County access to city license information so County can: 1) mail out a letter and application to the tobacco retailer; and, 2) develop a database of tobacco retailers. There is no net cost to those jurisdictions which adopt the ordinance. Executive Committee Page 2 of 2 Pages April 24, 2006 In Riverside County, where businesses that sell alcohol are licensed, the rate of alcohol sales to minors is just 2%. Compare that to the 44% rate of tobacco sales to minors from retailers that are not required to be licensed to conduct such sales. In order for this effort to be successful and have a positive impact to our youth, a countywide approach to include our member jurisdictions is needed. At their March 6th meeting, the Executive Committee of the Western Riverside County Council of Governments (WRCOG), took action to unanimously support the adoption of the County's Ordinance by all of its member jurisdictions. The health of our youth in the Coachella Valley is a high and serious priority. This is an opportunity for the member jurisdictions to play a prominent role in advancing the health of the region's youth by discouraging the sale of tobacco products to our minors. Jurisdictions that license tobacco retailers will be pro -active in protecting our children from illegal activity — in this case, use of tobacco products — through the misconduct of adults who choose to sell such products to them. Attached are the following items: 1) Information relative to the $350 license fee. The fee is based on the estimated total number of tobacco retailers in all of Riverside County and the staffing required to run the program countywide. (Note: a tobacco license fee would also allow for development of a data base which would provide an accurate number of tobacco retailers. Currently, there is no such mechanism in place.) 2) List of jurisdictions that currently have tobacco license fees in place in California; 3) Tobacco Sales Rates Before and After Licensing; 4) Copy of the Model Ordinance. FISCAL ANALYSIS: There would be no direct impact to CVAG's general fund. The County has indicated there will be no net costs to the jurisdictions. :attachments 4 t $350 Fee Breakdown for Tobacco License 250 200 150 100 50 ,J] Salaries, Benefits Operating Costs 458 Tobacco Retail Licensing Ordinance Page 2 of 4 Detailed Budget for 2500 retailers in cities and unincorporated: (As of March 2006, 550 retailers = 300 unincorp + 175 Corona + 75 Norco) Regular Salaries $358,024 Budgeted Benefits $161,404 Office Supplies $ 10,204 Printing $ 10,000 Postage $ 2,220 Desktop Computers $ 14,400 Laptop Computers $ 2,600 Communications -Telephones $ 6,480 Cell Phones $ 4,320 Space Rent $ 39,798 Contracts $ 82,000 Training/Travel $ 9,500 Regular Mileage $ 11,664 Health Education Materials $ 3,539 Incentives $ 2,000 Advertisement $ 11,000 Special Program Expense $ 5,000 Computer Software $ 10,000 Copier $ 16,000 Copier -Maintenance $ 3,000 Indirect Cost to the County $111,847 TOTAL INCREASE IN APPROPRIATIONS $875,000 14J9 Tobacco Retail Licensing Ordinance Page 3 of 4 PERSONNEL FULL STAFFING: Classification Class Code #of Positions Salary Range *Public Health Prog. Coord.Il 37566 1 $46,788-$61,019 Staff Analyst II 74106 1 $40,147-$52,317 *Office Assistant III 13866 1 $22,852-$29,729 Office Assistant II 13865 2 $20.579-$26,780 Health Education Asst. II 73458 3 $31,828-$41,438 *Sr. Health Educator (Desert) 73487 1 $40,566-$52,861 Health Services Asst. 57793 1 $23,205-$30,226 *POSITIONS FILLED AS OF DECEMBER 2005 Staffing needs will vary depending on the number of tobacco retailers under license. Maximum budget is based on 2500 retailers. JOB FUNCTION: Public Health Program Coordinator II This individual has overall responsibility for development and implementation of the County wide tobacco retail licensing program. The Program Coordinator hires staff to implement the licensing program, works with the 24 Riverside County cities to adopt an identical ordinance to ensure the uniformity in the county, develops partnerships with law enforcement and the District Attorney's office in the decoy and "attempts to buy" operations, reports to the Director of Public Health on an annual basis documenting the number and location of tobacco retailers and the current sales to minors rate in the County, and ensures that all tobacco laws are evenly and fairly enforced in Riverside County. Staff Analyst The Staff Analyst assists the Public Health Program Coordinator II in budget preparation, monitoring of the program's fiscal activity, develops policies and procedures related to fiscal issues and accountability, and if requested, conducts staff training on program reporting responsibilities. Office Assistant III The Office Assistant III has the lead role in clerical support for the program. In addition to performance of tasks assigned to an Office Assistant III, this individual monitors the daily clerical operations such as phones, office activity related to program, and customer service. Office Assistant II Office Assistant Its handle daily clerical assignments critical to the effective functioning of the program. These individuals process license applications, respond to information requests via mail and phone, and maintain files on all licensees. 4 GA Tobacco Retail Licensing Ordinance Page 4 of 4 Senior Health Educator The Senior Health Educator trains staff and interacts with the merchants who are licensed under the Riverside County tobacco retail licensing ordinance. Additional responsibility for this individual is to take a leadership role in the training of youth volunteers for the decoy program. Health Education Assistant The Health Education Assistant handles the day to day interactions with merchants in the form of inspections to ensure compliance with tobacco laws and verify their possession of a current and valid tobacco license. This individual also partners with law enforcement to conduct "sting operations" using underage decoys to determine who is selling tobacco to minors. Health Services Assistant The Health Service Assistant trains youth volunteers. They are supervised by the Senior Health Educator and conduct training Countywide. They will be trained to assist with or conduct routine inspection of licensees under the direction of the Health Education Assistant. Contracts The Department of Public Health will contract with local law enforcement to assist with the "sting" operations using undercover youth decoys and when we are removing product from shelves when merchants are unlicensed or have license revoked. 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County 2002 2003 cdick 31� 216 cdickson a hsd co.contra-costa.ca.us Range of Improvements 41 %-81 470 ORDINANCE NO. AN ORDINANCE OF THE CITY OF REGARDING THE LICENSURE OF TOBACCO RETAILERS The City Council of the City of Ordains as Follows: Section 1. PREAMBLE. Effective in October, 2005, the Board of Supervisors of the County of Riverside adopted County Ordinance 838 creating a procedure by which tobacco retailers in the unincorporated areas of Riverside CountV would be required to obtain a license from the County The County has requested that each City within the County adopt an ordinance in substantially similar form whereby the licensing requirement would be uniformly administered and enforced bV the County as to all tobacco retailers within County, whether within or without the incorporated areas. The need for such licensin_g requirements is supported by the following statistics: a. Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers nationwide. In Riverside County, 10,000 teens light up for the first time and purchase 5 million packs of cigarettes a year. b. In a 2004 California youth -buying survey, 12% of retailers surveyed unlawfully sold tobacco product to minors. c. The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44%. d. 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14'/2. e. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the County to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco -related laws. f. 65% of California's key opinion leaders surveyed support implementation of tobacco -licensing requirements. Section 2. PURPOSE AND INTENT. Riverside County ("County") and the City of (" ') have a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. Section 3. DEFINITIONS. For the purposes of this ordinance, the following words and terms shall have the following meanings: a. "Arm's Length Transaction" shall mean: a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Ordinance is presumed not to be an Arm's Length Transaction. b. "Department" shall mean: County Health Officer or his or her designee. C. "Person" shall mean: any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. P'7') d. "Proprietor" shall mean: a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. e. "Self -Service Display" shall mean: the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self -Service Display. f. "Smoking" shall mean: possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). g. "Tobacco Paraphernalia" shall mean: cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. h. "Tobacco Product" shall mean: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the 470 Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. i. "Tobacco Retailer" shall mean: any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things -This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Section 4. TOBACCO LICENSE PREREQUISITE; APPLICATION PROCESS. a. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Ordinance for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. b. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a revoked license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute an "offer for sale" for the purposes of Section 5.c. 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. C. Nothing in this ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the 4 7 ,7 right to act as a Tobacco Retailer at the location in the County identified on the face of the license. For example, nothing in this ordinance shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. d. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 10.d. of this ordinance. e. In addition to any other penalty under this ordinance a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. 4. Each day that a Person engages in Tobacco Retailing without a valid 475 Tobacco Retailers license shall constitute a separate violation. f. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this ordinance are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed. g. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license -related communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2. above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this ordinance or has been a Proprietor at a location that has been determined to have violated this ordinance and, if so, the. dates and locations of all such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this ordinance. Section 5. LICENSE ISSUANCE; STANDARDS. a. No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are.prohibited. i ° J b. Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 10.b. of this ordinance. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the County with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 10.b. of this ordinance. 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 5.a. of this ordinance, that is unlawful pursuant to any other County or City ordinance, or that is unlawful pursuant to any other local, state, or federal law. Section 6. LICENSES NONTRANSFERABLE. a. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 4.g. 1., 2., or 3. changes, a new Tobacco Retailer's license is required before the business may continue to act as. a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. T7 7 b. Notwithstanding any other provision of this ordinance violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the County with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. Section 7. FEES FOR LICENSE. a. A Tobacco Retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a Tobacco Retailer license is one (1) year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term. Section 8. OTHER REQUIREMENTS AND PROHIBITIONS. a. DISPLAY OF LICENSE. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. b. POSITIVE IDENTIFICATION REQUIRED. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of twenty-seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. C. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. d. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self -Service Display or to 47v engage in Tobacco Retailing by means of a Self -Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. Section 9. LICENSE VIOLATION. a. VIOLATION OF TOBACCO -RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco -related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. b. LICENSE COMPLIANCE MONITORING. 1. Compliance with this ordinance shall be monitored by the Department. Any peace officer may enforce the penal provisions of this ordinance. 2. The Department shall check the compliance of each Tobacco Retailer at least three (3) times per twelve (12) month period. The Department may check the compliance of Tobacco Retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of Tobacco Retailers previously found in violation a greater number of times. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco -related laws. 4. The County shall not enforce any tobacco -related minimum -age law against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: i. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or ii. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub -contracting, by the county Department of Health and Human Services or funded in part, either directly or indirectly through sub -contracting, by the California Department of Health Services. c. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this ordinance has been violated for the purposes of license revocation. Section 10. REVOCATION OF LICENSE. a. REVOCATION OF LICENSE FOR VIOLATION. 1. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if the County Hearing Officer finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this ordinance (hereinafter "License Violation"). . 2. No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure section 116.530. This prohibition shall not apply if the County elects to be represented by an attorney in the proceeding and notice of the election is include in the notice given pursuant to subsection (1) above. 3. For a first or second alleged License Violation within any sixty -month (60) period, the County Counsel may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this ordinance without approval from the Board of Supervisors. Settlements shall not be confidential and shall contain the following minimum terms: i. After an alleged first License Violation at a location within any sixty -month (60) period: a. An agreement to stop acting as a Tobacco Retailer for at least one (1) day; b. A settlement payment to the County of at least one thousand dollars ($1000); and C. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. ii. After an alleged second License Violation at a location within any sixty -month (60) period: a. an agreement to stop acting as a Tobacco Retailer for at least ten (10) days; b. a settlement payment to the County of at least five thousand dollars ($5000); and c.an admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. b. NEW LICENSE AFTER REVOCATION FOR VIOLATION. 4 C 1. After a first License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later. 2. After a second License Violation at a location within any sixty -month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation or violation, whichever is later. 3. After of a third License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later. 4. After four or more License Violations at a location within any sixty -month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed pursuant to Section 7.a. shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must: 1. Submit the renewal fee plus a reinstatement fee often percent (10%) of the renewal fee. 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired. d. REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 5.b. existed at the time application was made or at anytime before the license issued. The 4 3n revocation shall be without prejudice to the filing of a new application for a license. Section 11. ENFORCEMENT. The remedies provided by this ordinance are cumulative and in addition to any other remedies available at law or in equity. a. Whenever evidence of a violation of this ordinance is obtained in part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this ordinance and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. b. Violations of this ordinance are subject to a civil action brought by the District Attorney or County Counsel, punishable by: 1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1000) for a first violation in any sixty -month (60) period; or 2. A fine not less than one thousand five hundred dollars ($1500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty -month (60) period; or 3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty -month (60) period. c. Violations of this ordinance may, in the discretion of the District Attorney or County Counsel, be prosecuted as infractions or misdemeanors. d. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation. e. Violations of this ordinance are hereby declared to be public nuisances. 3 f. In addition to other remedies provided by this ordinance or by other law, any violation of this ordinance may be remedied by a civil action brought by the. County Counsel, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Section 12. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. c11 4 Attachment 2 ORDINANCE NO. 06-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 5.24 TO THE TEMECULA MUNICIPAL CODE REGARDING THE LICENSURE OF TOBACCO RETAILERS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 5.24, Licensure of Tobacco Retailers, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 5.24 LICENSURE OF TOBACCO RETAILERS Sec. 5.24.010. FINDINGS. The City Council hereby finds, determines, and declares that: A. Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers nationwide. Jn Riverside County, 10,000 teens light up for the first time and purchase 5 million packs of cigarettes a year. B. In a 2004 California youth -buying survey, 12% of retailers surveyed unlawfully sold tobacco product to minors. C. The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44%. D. 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14'/2. E. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco -related laws. F. 65% of California's key opinion leaders surveyed support implementation of tobacco -licensing requirements. Ords 2006/Ords 06-08 1 4 3 5 Sec. 5.24.020. PURPOSE AND INTENT The City of Temecula has a substantial interest in: (1) promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; (2) discouraging the illegal purchase of tobacco products by minors; (3) in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and (4) finally, and most importantly, protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this Chapter to encourage responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. Sec. 5.24.030 DEFINITIONS. For the purposes of this Chapter, the following words and terms shall have the following meanings: A. "Arm's Length Transaction" shall mean: A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Chapter is presumed not to be an Arm's Length Transaction. B. "City Manager" shall mean: The City Manager of the City of Temecula or his or her designee. C. "Person" shall mean: Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. D. "Proprietor' shall mean: A Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. E. "Self -Service Display" shall mean: The open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self -Service Display. F. "Smoking" shall mean: Possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Ords 200610rds 06-08 2 _ n `3 Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). G. "Tobacco Paraphernalia shall mean: Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. H. "Tobacco Product" shall mean: (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. I. "Tobacco Retailer" shall mean: Any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Sec. 5.24.040. TOBACCO LICENSE PREREQUISITE; APPLICATION PROCESS. A. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which that activity is to occur. B. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a revoked license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute an "offer for sale" for the purposes of Section 5.24.050 C. 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. C. Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City identified on the face of the license. For example, nothing in this Chapter shall be Ords 2006/Ords 06-08 3 4 37 construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, zoning regulations or any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. D. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed of all applicable federal, state and local statures, laws, regulations and ordinances, including, without limitation, the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5.24.100 D. of this Chapter. E. All applications shall be submitted on a form supplied by the City Manager and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license -related communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph E.2. above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this Chapter or has been a Proprietor at a location that has been determined to have violated this Chapter and, if so, the dates and locations of all such violations. 6. Such other information as the City Manager deems necessary for the administration or enforcement of this Chapter. 7. The information required by this Section E. shall be a public record available for public review pursuant to the California Public Records Act. 483 Ords 2006/Ords 06-08 4 Sec. 5.24.050. LICENSE ISSUANCE; STANDARDS. A. No license may issue to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. B. Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the City Manager shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.100 B. of this Chapter. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.24.100 B. of this Chapter. 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 5.24.050 A. of this Chapter, that is unlawful pursuant to any other City Chapter, or that is unlawful pursuant to any other local, state, or federal law. Sec. 5.24.060. LICENSES NONTRANSFERABLE. A. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 5.24.040 G. 1., 2., or 3. changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. B. Notwithstanding any other provision of this Chapter violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in Ords 2006/Ords 06-08 5 11 43 9 an Arm's Length Transaction. Sec. 5.24.070. TERMS FOR LICENSE; LICENSE FEE. A. The term of a Tobacco Retailer license is one (1) year expiring on January 31 of the next year, except for licenses issued in 2006 which shall exprire on January 31, 2007. Licenses issued during a year shall expire on January 31 of the next year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term. B. The City Council, may, but shall not be required to, set a license fee for a Tobacco Retailer license. If the Council elects to enact a Tobacco Retailer license fee, the fee shall be set by City Council resolution based upon the costs to the City of administering and enforcing this Chapter. Tobacco Retailer license shall not be until such time as the appropriate license fee has been paid in full. Sec. 5.24.080. OTHER REQUIREMENTS AND PROHIBITIONS. A. DISPLAY OF LICENSE. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. B. POSITIVE IDENTIFICATION REQUIRED. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of twenty- seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. C. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. D. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self -Service Display or to engage in Tobacco Retailing by means of a Self -Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. 1,31) Ords 2006/Ords 06-08 Sec. 5.24.090. LICENSE VIOLATION. A. VIOLATION OF TOBACCO -RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco -related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. C. LICENSE COMPLIANCE MONITORING. 1. Compliance with this Chapter shall be monitored by the City Manager. Any peace officer may enforce the provisions of this Chapter. 2. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco -related laws. 3. The City shall not enforce any tobacco -related minimum -age law against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: a. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or b. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub- contracting, by the City Manager or funded in part, either directly or indirectly through sub -contracting, by the California Department of Health Services. C. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this Chapter has been violated for the purposes of license revocation. Ords 2006/Ords 06-08 7 4 1 Sec. 5.24.100. REVOCATION OR SUSPENSION OF LICENSE. A. SETTLEMENT OF INITIAL LICENSE VIOLATIONS. 1. If the City Manager determines that a Tobacco Retailer has that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter ("License Violation"), the City Manager may engage in settlement discussions to try to resolve the violations and prevent their reoccurrence. 2. For a first or second alleged License Violation within any sixty - month (60) period, the City Manager may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Chapter without approval from the City Council. Settlements shall not be confidential and shall contain the following minimum terms: a. After an alleged first License Violation at a location within any sixty -month (60) period: (1) An agreement to stop acting as a Tobacco Retailer for at least one (1) day; (2) A settlement payment to the City of at least one thousand dollars ($1000); and (3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. b. After an alleged second License Violation at a location within any sixty -month (60) period: (1) an agreement to stop acting as a Tobacco Retailer for at least ten (10) days; (2) a settlement payment to the City of at least five thousand dollars ($5000); and (3) an admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be. assessed for any future violations. B. REVOCATION OR SUSPENSION OF LICENSE 1. If the City Manager has cause to believe that (1) a Tobacco Retailer, including his or her agents or employees, has violated any Ords 2006/Ords 06-08 8 !3 of the requirements, conditions, or prohibitions of this Chapter, or (2) that one or more of the bases for denial of a license under Section 5.24.050 B. existed at the time application was made or at anytime before the license issued, he or she may initiate proceedings for the revocation or suspension of the Tobacco Retailer's License pursuant to this section in addition to any of the other remedies provided for violations of this Chapter. 2. The City Manager shall provide written notice to the Tobacco Retailer and the City Clerk of the alleged violations of this Chapter and the date, time and location of the Revocation Hearing not less than twenty-one (21) calendar days prior to the hearing. 3. The City Clerk shall make arrangements for the selection of a Hearing Officer to conduct the Revocation Hearing. Not less than fifteen (15) calendar days prior to the Revocation Hearing, the City Clerk shall notify the City Manager and the Tobacco Retailer of the names three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. Within five (5) calendar days of the date of mailing the notice of the panel, the City Manager and the Tobacco Retailer may notify the City Clerk in writing that he or she elects to remove one of the three potential Hearing Officers. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the Revocation Hearing. The hearing officer shall be fair and impartial and shall have no bias for or against the City Manager or the Tobacco Retailer. 4. At the Revocation Hearing, the Hearing Officer shall receive oral and written evidence from the City Manager and the Tobacco Retailer. The Hearing Officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The Hearing Officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The City Manager shall have the burden of proof to establish by clear and convincing evidence that License Violations occurred. The Revocation Hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be Ords 2006/Ords 06-08 9 433 made available to both parties. The Hearing Officer may continue the Revocation Hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be suspended or revoked if the Hearing Officer finds, following the Revocation Hearing, that: (1) a Tobacco Retailer, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter, or (2) that one or more of the bases for denial of a license under Section 5.24.050 B. existed at the time application was made or at anytime before the license issued. a. The Hearing Officer shall suspend the Tobacco Retailer's License in accordance with the following schedule if he or she finds that the violations established can be corrected with increased diligence on the part of the Tobacco Retailer: (1) for one License Violation at a location within a sixty (60) month period, a suspension of not less than ten (10) calendar days; (2) for two License Violations at a location within any sixty -month (60) period, as suspension of not less than thirty (30) days; and (3) for three License Violations at a location within any sixty (60) month, a suspension of not less than ninety (90) days. b. The Hearing Officer shall revoke the Tobacco Retailer's License if he or she finds that: (1) one or more of the bases for denial of a license under Section 5.24.050 B. existed at the time application was made or at anytime before the license issued; or (2) the License Violations established are of a serious nature which the Tobacco Retailer is unable or unwilling to correct in a timely fashion or there are four (4) or more License Violations at the location within a sixty (60) month period. 6. Within ten (10) calendar days of the Revocation Hearing, the Hearing Officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the Hearing Officer's Decision, the City Clerk shall send a copy of it to the City Manager and the Tobacco Retailer along with a proof of mailing. 7. Within ten (10) calendar days from date of the City Clerk's mailing of the Decision, either party may appeal the Decision to the City Council. The appeal shall be in writing and shall state the grounds Ords 2006/Ords 06-08 10 ; 4 i) "l of the appeal and specify the errors in the Decision. Upon receipt of the Appeal, the City Clerk shall schedule the Appeal for review by the City Council at the next Council meeting not less than fifteen (15) calendar days after receipt of the Appeal. 8. The Council review of the Appeal shall be limited to determining whether the evidence received at the Revocation Hearing supports the findings and decision of the Hearing Officer. The Council shall be limited to the evidence presented at the Revocation Hearing. No new evidence shall be taken by the City Council. The Council's decision on the appeal shall be by resolution. Upon adoption of the resolution, the City Clerk shall mail a copy of the resolution to the City Manager and the Tobacco Retailer along with a proof of service. Any legal action challenging the Council's decision shall be filed within ninety (90) days of the date of the proof of service of mailing the Council's resolution pursuant to Section 1094.5 et. seq. of the California Code of Civil Procedure. If the Council upholds the revocation of a Tobacco Retailer's License, the revocation shall be effective upon adoption of the Council resolution. C. NEW LICENSE FOLLOWING REVOCATION. If a License has been revoked pursuant to Section B., the Tobacco Retailer shall not be entitled to apply for a new license for a period of five years following the order of revocation. D. NEW LICENSE FOLLOWING VIOLATIONS. In addition to any other penalty under this Chapter a Person found' to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. E. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed pursuant to Section 5.24.070 A. shall expire at the end of Ords 2006/Ords 06-08 11 495 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of June, 2006, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts ABSTAIN: 0 COUNCIL MEMBERS: None Susan W. Jones, MMC City Clerk 490 Ords 2006/Ords 06-08 14 Attachment 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.20 TO THE LA QUINTA MUNICIPAL CODE RELATING TO LICENSES FOR TOBACCO RETAILERS WHEREAS, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age annually on a nationwide basis; WHEREAS, in the year 2004, an estimated 12% of California retailers surveyed unlawfully sold Tobacco Products to minors; WHEREAS, surveys show that an estimated 88% of adults who have ever smoked tried their first cigarette before the age of 18; WHEREAS, the rate of tobacco sales to minors in Riverside County is one of the highest in the State of California at an estimated 44%; WHEREAS, the City Council realizes that the sale of cigarettes and other Tobacco Products to minors is a major concern in Riverside County and the City of La Quinta; WHEREAS, requiring Tobacco Retailers in the City of La Quinta to secure a local license will not unduly burden legitimate business activities of business retailers who sell or distribute cigarettes or other Tobacco Products to adults, but adopting such regulations will have the added benefit of allowing the City to regulate the operation of lawful business in order to discourage violations of applicable Federal, State, and local tobacco -related laws; and WHEREAS, California Business and Professions Code section 22971.3 provides that local public entities are authorized to adopt local tobacco retail licensing requirements that may include annual fees and call for revocation or suspension of the tobacco retail license for a violation of the licensing requirements. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.20, entitled "Tobacco Retailer Licensing," is added to the La Quinta Municipal Code and shall read as follows: 975/015610-0002 / 437 730147.02 a07/26/06 Chapter 6.20 Tobacco Retailer Licensing 6.20.010 Purpose and Intent. 6.20.020 Definitions. 6.20.030 Application Process. 6.20.040 License, Issuance, and Standards. 6.20.050 Licenses Nontransferable. 6.20.060 Fees for License. 6.20.070 Other Requirements and Prohibitions. 6.20.080 License Violation. 6.20.090 Revocation or Suspension of License. 6.20.100 Enforcement. 6.20.010 Purpose and Intent. The City of La Quinta acknowledges and seeks to promote the following interests: promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; discouraging the illegal purchase of Tobacco Products by minors; promoting compliance with laws prohibiting sales of cigarettes and Tobacco Products to minors; and finally, and most importantly, protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this Chapter to promote responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those that prohibit or discourage the sale or distribution of Tobacco Products to minors. This Chapter shall not be read as an expansion or reduction of the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the criminal penalties authorized for violating these types of regulations. 6.20.020 Definitions. Whenever in this Chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: a. "Arm's Length Transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Chapter is presumed not to be an Arm's Length Transaction. b. "City" shall mean the City of La Quinta or any City authorized agency or agent. C. "Person" shall mean any natural Person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. d. "Proprietor" shall mean a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of 975/015610-0002 1 `� 730147.02 a07J26/06 security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. e "Self -Service Display" shall mean the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self -Service Display. f. "Smoking" shall mean possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). g. "Tobacco Paraphernalia" shall mean cigarette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, and any other item designed for the Smoking, preparation, storing, or consumption of Tobacco Products. h. "Tobacco Product" shall mean (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. i. "Tobacco Retailer" shall mean any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 6.20.030 Application Process. a. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which that activity is to occur within the City. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. b. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license, including, for example, a revoked or suspended license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute an offer for sale for the purposes of Section 6.20.030(f). 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. 975/015610-0002 730147.02 a07/26/06 3. Shall not conduct any tobacco retailing. C. Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the County identified on the face of the license. For example, nothing in this Chapter shall be construed to render inapplicable, supercede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on Smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. d. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. If the location of the point of sale is not owned by the Proprietor (e.g., leased property), then the Proprietor must obtain signatures from all owners of the property where the Tobacco Retailing will take place. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor or owner shall be revoked or suspended pursuant to Section 6.20.090(d) of this Chapter. e. In addition to any other penalty provided for under this Chapter, a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailer's license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty -month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. 4. Each day that a Person engages in Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a separate violation. f. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this Chapter are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia may be destroyed after 30 days of seizure. g. All applications shall be submitted on a form supplied by the City and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 5'D0 975/015610-0002 730147.02 a07/26/06 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license -related communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid State Tobacco Retailer's license by the California Board of Equalization; Proprietor must provide its State Tobacco Retailer's license number on the application submitted to the City. 5. Whether or not any Proprietor is a Person who has been determined to have violated this Chapter or has been a Proprietor at a location that has been determined to have violated this Chapter and, if so, the dates and locations of all such violations. 6. Such other information as the City deems necessary for the administration or enforcement of this Chapter. 6.20.040 License, Issuance, and Standards. a. No license may issue to authorize Tobacco Retailing other than at a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. b. Upon receipt of an application for a Tobacco Retailer's license and the applicable license fee, the City shall issue a license unless substantial evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate, or any applicable fee is not paid. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to this Chapter. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to this Chapter. 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Chapter, that is unlawful pursuant to any other City regulation, or that is unlawful pursuant to any other Federal, State, or local law. 975/015610-0002 730147.02 a07/26/06 6.20.050 Licenses Nontransferable. a. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 6.20.040(g) changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Similarly, if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. b. Notwithstanding any other provision of this Chapter, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. 6.20.060 Fees for License. a. A Tobacco Retailer license is invalid unless the applicable fee has been paid in full and the term of the license has not expired. The term of a Tobacco Retailer license is one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term. b. The fee for a new Tobacco Retailer's license or renewal of an existing license shall be established by resolution of the City Council and may be amended from time to time. All fees under this Chapter are nonrefundable unless otherwise required by law. 6.20.070 Other Requirements and Prohibitions. a. Display of License. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. b. Positive Identification Required. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of twenty-seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. C. Minimum Age for Persons Selling Tobacco. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. d. Self -Service Displays Prohibited. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self -Service. Display or to engage in Tobacco Retailing by means of a Self -Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. _' ti 975/015610-0002 730147.02 a07/26/06 6.20.080 License Violation. a. Violation of Tobacco -Related Laws. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: product. Any applicable Federal, State, or local tobacco -related law. 2. Federal, State, or local sign laws. Federal, State, or local laws restricting the age of purchase for any a. License Compliance Monitoring. 1. Compliance with this Chapter shall be monitored by the City. Any City employee or any peace officer may enforce the penal provisions of this Chapter. 2. The City shall make efforts to check the compliance of each Tobacco Retailer periodically throughout the year. The City Manager will determine the frequency of such compliance efforts in consultation with City personnel and the La Quinta Police Department. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco -related laws. 4. The City shall not enforce any tobacco -related minimum - age law against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: i. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or ii. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub -contracting, by any governmental agency authorized by the California Department of Health Services. b. No Contest Plea. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this Chapter has been violated for the purposes of license revocation or suspension. 6.20.090 Revocation or Suspension of License. a. Revocation or Suspension of License for Violation. 50 975/015610-0002 730147.02 a07/26/06 I . In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked or suspended if a Hearing Officer finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter (hereinafter "License Violation"). The hearing shall be held in accordance with the provisions of Chapter 1.09 for appeals of administrative citations. b. New License After Revocation or Suspension for Violation. 1. After a first License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 2. After a second License Violation at a location within any sixty -month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 3. After a third License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 4. After four or more License Violations at a location within any sixty -month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation, suspension, or violation, whichever is later. C. Expiration of License. A Tobacco Retailer's license that is not timely renewed pursuant to this Chapter shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the applicable renewal fee, the Proprietor must: 1. Submit the applicable renewal fee plus any applicable reinstatement fee. 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired or otherwise violated the provisions of this Chapter. d. Revocation of License Issued in Error. A Tobacco Retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under this Chapter existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. 6.20.100 Enforcement. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. a. Violations of this Chapter are subject to a civil action brought by the District Attorney or City Attorney, punishable by: 975/015610-0002 730147.02 a07/26/06 1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for a first violation in any sixty -month (60) period; or 2. A fine not less than one thousand five hundred dollars ($1,500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty -month (60) period; or 3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty -month (60) period. C. Violations of this Chapter may, in the discretion of the District Attorney or City Attorney, be prosecuted as infractions or misdemeanors. d. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall constitute a violation. e. Violations of this Chapter are hereby declared to be public nuisances. f. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or any section, subsection, sentence, clause, phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance and Ordinance No. 211 shall nonetheless remain in full force and effect. The People of the City of La Quinta, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, and each section, subsection, sentence, clause, phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance, and Ordinance No. 211 that are validated or re-enacted by this Ordinance, be declared invalid or unenforceable. SECTION 3. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. SECTION 4. Upon the Effective Date of this Ordinance, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 06- .r) 975/015610-0002 730147.02 a07/26/06 (enter additional text as needed) PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of August, 2006, by the following vote: Ca -M-IIT NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 975/015610-0002 730147.02 a07/26/06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, DEBORAH H. POWELL, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, DEBORAH H. POWELL, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on, pursuant to Council Resolution. DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California 975/015610-0002 730147.02 a07/26/06 Attachment 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 6.20 TO THE LA QUINTA MUNICIPAL CODE RELATING TO LICENSES FOR TOBACCO RETAILERS WHEREAS, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age annually on a nationwide basis; WHEREAS, in the year 2004, an estimated 12% of California retailers surveyed unlawfully sold Tobacco Products to minors; WHEREAS, surveys show that an estimated 88% of adults who have ever smoked tried their first cigarette before the age of 18; WHEREAS, the rate of tobacco sales to minors in Riverside County is one of the highest in the State of California at an estimated 44%; WHEREAS, the City Council realizes that the sale of cigarettes and other Tobacco Products to minors is a major concern in Riverside County and the City of La Quinta; WHEREAS, requiring Tobacco Retailers in the City of La Quinta to secure a local license will not unduly burden legitimate business activities of business retailers who sell or distribute cigarettes or other Tobacco Products to adults, but adopting such regulations will have the added benefit of allowing the City to regulate the operation of lawful business in order to discourage violations of applicable Federal, State, and local tobacco -related laws; and WHEREAS, California Business and Professions Code section 22971.3 provides that local public entities are authorized to adopt local tobacco retail licensing requirements that may include annual fees and call for revocation or suspension of the tobacco retail license for a violation of the licensing requirements. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.20, entitled "Tobacco Retailer Licensing," is added to the La Quinta Municipal Code and shall read as follows: 975/015610-0002 r 730147.02 a07/26/06 Chapter 6.20 Tobacco Retailer Licensing 6.20.010 Purpose and Intent. 6.20.020 Definitions. 6.20.030 Application Process. 6.20.040 License, Issuance, and Standards. 6.20.050 Licenses Nontransferable. 6.20.060 Fees for License. 6.20.070 License Violation. 6.20.080 Revocation or Suspension of License. 6.20.010 Purpose and Intent. The City of La Quinta acknowledges and seeks to promote the following interests: promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; discouraging the illegal purchase of Tobacco Products by minors; promoting compliance with laws prohibiting sales of cigarettes and Tobacco Products to minors; and finally, and most importantly, protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this Chapter to promote responsible tobacco retailing and to discourage violations of tobacco -related laws, especially those that prohibit or discourage the sale or distribution of Tobacco Products to minors. This Chapter shall not be read as an expansion or reduction of the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the criminal penalties authorized for violating these types of regulations. 6.20.020 Definitions. Whenever in this Chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: a. "Arm's Length Transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Chapter is presumed not to be an Arm's Length Transaction. b. "City" shall mean the City of La Quinta or any City authorized agency or agent. C. "Person" shall mean any natural Person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. d. "Proprietor" shall mean a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. r 975/015610-0002 1i 730147.02 a07/26/06 e. "Smoking" shall mean possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). g. "Tobacco Paraphernalia" shall mean cigarette papers or wrappers, pipes, holders of Smoking materials of all types, cigarette rolling machines, and any other item designed for the Smoking, preparation, storing, or consumption of Tobacco Products. h. "Tobacco Product" shall mean (1) .any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. i. "Tobacco Retailer" shall mean any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 6.20.030 Application Process. a. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Chapter for each location at which that activity is to occur within the City. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. b. Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the County identified on the face of the license. For example, nothing in this Chapter shall be construed to render inapplicable, supercede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on Smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. C. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. If the location of the point of sale is not owned by the Proprietor (e.g., leased property), then the Proprietor must obtain signatures from all owners of the property where the Tobacco Retailing will take place. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor or owner shall be revoked or suspended pursuant to Section 6.20.090(d) of this Chapter. 975/015610-0002 �i �� 01 730147,02 a07/26/06 d. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this Chapter are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia may be destroyed after 30 days of seizure. e. All applications shall be submitted on a form supplied by the City and shall contain the following information: The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized. by each Proprietor to receive all license -related communications and notices (the "Authorized Address"). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid State Tobacco Retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this Chapter or has been a Proprietor at a location that has been determined to have violated this Chapter and, if so, the dates and locations of all such violations. 6. Such other information as the City deems necessary for the administration or enforcement of this Chapter. 6.20.040 License, Issuance, and Standards. a. No license may issue to authorize Tobacco Retailing other than at a fixed location. For example, Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. b. Upon receipt of an application for a Tobacco Retailer's license and the applicable license fee, the City shall issue a.license unless substantial evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate, or any applicable fee is not paid. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to this Chapter. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to this Chapter. 975/015610-0002 730147.02 a07/26/06 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Chapter, that is unlawful pursuant to any other City regulation, or that is unlawful pursuant to any other Federal, State, or local law. 6.20.050 Licenses Nontransferable. a. A Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 6.20.040(g) changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Similarly, if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. b. Notwithstanding any other provision of this Chapter, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. 6.20.060 Fees for License. a. A Tobacco Retailer license is invalid unless the applicable fee has been paid in full and the term of the license has not expired. The term of a Tobacco Retailer license is one year. Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's license no later than thirty (30) days prior to expiration of the term. b. The fee for a new Tobacco Retailer's license or renewal of an existing license shall be established by resolution of the City Council and may be amended from time to time. All fees under this Chapter are nonrefundable unless otherwise required by law. 6.20.070 License Violation. a. Violation of Tobacco -Related Laws. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: Any applicable Federal, State, or local tobacco -related law. 2. Federal, State, or local sign laws. 3. Federal, State, or local laws restricting the age of purchase for any product. b. No Contest Plea. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection (a) above shall operate as an admission that this Chapter has been violated for the purposes of license revocation or suspension. * 0 975/015610-0002 730147.02 a07/26/06 6.20.080 Revocation or Suspension of License. a. Revocation or Suspension of License for Violation. 1. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked or suspended if a Hearing Officer finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter (hereinafter "License Violation"). The hearing shall be held in accordance with the provisions of Chapter 1.09 for appeals of administrative citations. b. New License After Revocation or Suspension for Violation. 1. After a first License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 2. After a second License Violation at a location within any sixty -month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 3. After a third License Violation at a location within any sixty -month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation, suspension, or violation, whichever is later. 4. After four or more License Violations at a location within any sixty -month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation, suspension, or violation, whichever is later. C. Expiration of License. A Tobacco Retailer's license that is not timely renewed pursuant to this Chapter shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the Proprietor must: Submit the applicable renewal fee plus any applicable reinstatement fee. 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired or otherwise violated the provisions of this Chapter. d. Revocation of License Issued in Error. A Tobacco Retailer's license shall be revoked if the City finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under this Chapter existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or any section, subsection, sentence, clause, phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, is, for any reason, held to be invalid or 975/015610-0002 730147.02 a07/26/06 unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance and Ordinance No. 211 shall nonetheless remain in full force and effect. The People of the City of La Quinta, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, and each section, subsection, sentence, clause, phrase or portion of Ordinance No. 211 that are validated or re-enacted by this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance, and Ordinance No. 211 that are validated or re-enacted by this Ordinance, be declared invalid or unenforceable. SECTION 3. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. SECTION 4. Upon the Effective Date of this Ordinance, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in three places within the City of La Quinta as specified in City Council Resolution 06- 514 975/015610-0002 730147.02 a07/26/06 (enter additional text as needed) PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California r- a .►1J 975/015610-0002 730147.02 a07/26/06 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, DEBORAH H. POWELL, Interim City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. which was introduced at a regular meeting on the day of and was adopted at a regular meeting held on the day of not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution 98-109. DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California DECLARATION OF POSTING I, DEBORAH H. POWELL, Interim City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on, pursuant to Council Resolution. DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California 975/015610-0002 730147.02 a07/26/06 Attachment 5 Penal Code Section: Every person, firm, or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under the age of 18 years any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, is subject to either a criminal action for a misdemeanor or to a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third offense. Notwithstanding Section 1464 or any other provision of law, 25 percent of each civil and criminal penalty collected pursuant to this subdivision shall be paid to the office of the city attorney, county counsel, or district attorney, whoever is responsible for bringing the successful action, and 25 percent of each civil and criminal penalty collected pursuant to this subdivision shall be paid to the city or county for the administration and cost of the community service work component provided in subdivision (b). Proof that a defendant, or his or her employee or agent, demanded, was shown, and reasonably relied upon evidence of majority shall be defense to any action brought pursuant to this subdivision. Evidence of majority of a person is a facsimile of or a reasonable likeness of a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the Armed Forces. For purposes of this section, the person liable for selling or furnishing tobacco products to minors by a tobacco vending machine shall be the person authorizing the installation or placement of the tobacco vending machine upon premises he or she manages or otherwise controls and under circumstances in which he or she has knowledge, or should otherwise have grounds for knowledge, that the tobacco vending machine will be utilized by minors. (b) Every person under the age of 18 years who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphemalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work. (c) Every person, firm, or corporation that sells, or deals in tobacco or any preparation thereof, shall post conspicuously and keep so posted in his, her, or their place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business and Professions Code, and any person failing to do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars ($250) for the third offense, and five hundred dollars ($500) for the fourth offense and each subsequent violation of this provision, or by imprisonment in a county jail not exceeding 30 days. (d) For purposes of determining the liability of persons, firms, or corporations controlling franchises or business operations in multiple locations for the second and subsequent violations of this section, each individual franchise or business location shall be deemed a separate entity. (e) It is the Legislature's intent to regulate the subject matter of this section. As a result, no city, county, or city and county shall adopt any ordinance or regulation inconsistent with this section. Tity/ 4 lwQu;«rw COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Consideration of Event Plan and Logo for the 251h Anniversary Celebration RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: AGENDA CATEGORY: B3 BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: At the July 18, 2006 budget hearing, the City Council approved $65,000 for promotion and event planning for the 25`h Anniversary (Account #101.3001.451.80-15). The 251h Anniversary Committee is obtaining costs and developing plans for a detailed budget that will be presented to the City Council later in the year. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On June 20, 2006, the City Council approved the development of a 25`h Anniversary Committee. The Committee has met on two occasions, June 27 and July 19, 2006 (meeting minutes are provided as Attachment 1). As a result, a draft 251h Anniversary Event Plan has been developed and is being provided for Council consideration and approval (Attachment 2). Tentative plans for events taking place April 21 through May 1, 2007 include: • City Championship Golf Tournament at the Arnold Palmer Classic Course at Silver Rock • Presentation at Library of featured author's book on "La Quinta" • Fishing Derby at Lake Cahuilla • Multi -Generational Talent Show at the Senior Center • Community Picnic and Anniversary Party at Fritz Burns Park r t 3 41, � 1 • Concert and Fireworks at the La Quinta High School In addition, a variety of activities are being! planned by the La Quinta Historical Society, La Quinta Arts Foundation, La Quinta Playhouse, Chamber of Commerce and the Community Service Department. The Committee is also working together on a Community Calendar to promote numerous events throughout the year (Attachment 3). As part of the promotional efforts, a series of historical and cultural activities will be in the local papers. These activities are designed to encourage residents to learn more about the City's history, culture, and art, all in an effort to promote the City's 25' Anniversary. Some of the suggested ideas are: • Poetry Slam - Poetry related to Ida Quinta will be submitted to a subcommittee of the 25" Anniversary and recognized both in the newspaper and at a Council meeting. • Crossword Puzzles/Word Search - The clues will be about La Quinta's past present and future. • Recipe Contest - Recipes will include items that are grown in La Quinta and the region. • Historical Scavenger Hunt - Working', with the Historical Society and the public schools, this project can provide clues to visit the historical sites in La Quinta. • Art in Public Places Scavenger Hunt - This will be the same premise as above with clues about public art and artists that will lead residents to the sites. • Gamby Coloring Contest - A subcommittee will post and judge these coloring contests and prizes will be given by age group. The uncolored pictures can be obtained at local businesses for submission to the subcommittee. In order to begin promoting and advertising the La Quinta's 251h Anniversary as early as possible, the Committee is recommending Council approve the 251h Anniversary logo (Attachment 4). The logo Was created by Kiner Communications as part of their 2006-2007 contract with the City. The Committee unanimously agreed on the concept and design. A media plan is currently being developed to specifically lay out a strategy to promote and advertise the array of activities being planned (via print ads, radio, posters, post cards, direct mailings, etc.). The media plan will be considered by the Committee in September 2006. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Event Plan and logo for thle 25th Anniversary Celebration; or 2. Do not approve the Event Plan and Logo for the 251h Anniversary Celebration; or 3. Provide staff with alternative direction. J-9 Respectf Ily submitted, Y -- , a'It"I Edie Hylto , Co unity Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Minutes from the June 27 and July 19 meetings 2. Draft Event Plan: schedule of events 3. Master Calendar 4. Proposed Logo from the 25th Anniversary Committee ATTACHMENT 1 251h Anniversary Celebration Meeting Tuesday, June 27, 2006 6:30 p.m. Study Session Room MINUTES MEMBERS PRESENT: Mayor Don Adolph City Council Member Terry Henderson Commissioner Andrea Gassman Commissioner Bob Leidner Peggy Evans, Chamber of Commerce Ron Salute, Chamber of Commerce David Howard, Chamber of Commerce Christi Salamone, La Quinta Arts Foundation Kathleen Hughes, La Quinta Arts Foundation Louise Neeley, La Quinta Historical Society STAFF PRESENT: Edie Hylton, Community Services Director Carie Diaz, Community Services Secretary Tustin Larson, Recreation Supervisor Maria Casillas, City Manager's Office BUSINESS ITEMS Logo and 25" Anniversary Theme Terri Henderson suggested we not create a whole new logo and work with the Art Foundation and Historical Society to design a logo. Maria Casillas suggested we build on several ideas from artists. Kathleen Hughes said that using silver material will end up looking gray. Commissioner Bob Leidner asked when the whole 251h Anniversary celebration begins. Maria Casillas suggests have the logo ready for the calendar that goes out in November and posted in the GEM, LQ magazine, and the Recreation Brochure. Louise Neeley suggested using the three logos to create one. Maria Casillas will have logos for the committee to review at the next meeting. Community Services 25" Anniversary Meeting Event Planning Mayor Adolph suggested we look at other activities that might conflict with the 25" anniversary. Terri Henderson listed some of the events such as Gala with the Historical Society on April 14th, Chamber event on April 25th, and the La Quinta Art Festival show going March 15th - 18tn Terri Henderson stated that the 20t' celebration firework budget was $15,000.00 and took place on a Sunday night at the high school. The Committee agreed on wanting to have fireworks at this year's event. Mayor Adolph stated that we need to see an attorney for an agreement with the fireworks. Terri Henderson suggested we have the fireworks finale Saturday due to a better turnout. Mayor Adolph suggested the Marine Corps band from 29 Palms play. Andrea Gassman suggested we have the high school jazz band or the drum band also play. Christi Salamone suggests promotional contests advertised in the newspaper. Andrea Gassman also suggested paint the Gamby and "trivial pursuit" type contest pertaining to the 25th Anniversary. Terri Henderson said that the parade is not a good idea. Mayor Adolph suggested an entry in the Palm Desert golf cart parade would be better. Peggy Evans and David Howard will be putting that together. David Howard stated that the fishing derby was a big hit and very well attended. The committee proposed and agreed they would like the Birthday Celebration on Saturday, April 28 at Fritz Burns Park. Andrea Gassman suggested on having a bicycle safety course at the picnic. Terri Henderson wants banners flown at local business in Old Town, Adams Park, La Quinta Park, Fritz Burns Park, museum, Frances Hack Park and announcement notices placed at parks and businesses. Edie Hylton suggests posting schedule of events around the city and also conduct events at the library and Senior Center. Terri Henderson suggests a golf event at SilverRock in the middle of the week. Week of April 23'd Monday - SilverRock Golf Tournament (TBD) Tuesday - Library event Wednesday - Chamber mixer at City Hall (Evening) Friday - Fishing Derby (Evening) Saturday - Community Birthday Party and Picnic 10 a.m - 2 p.m. Concert and Fireworks 7 p.m. Community Services 25' Anniversary Meeting ADJOURNMENT 7: 50 p.m. NEXT MEETING INFORMATION Wednesday, July 19, 2006 @5:30 PM La Quinta Civic Center - Study Session Room Submitted by: Carie Diaz, Communi rvices Secretary 25" Anniversary Celebration Meeting Wednesday, July 19, 2006 5:30 p.m. Study Session Room MINUTES MEMBERS PRESENT: Mayor Don Adolph City Council Member Terry Henderson Commissioner Andrea Gassman Commissioner Bob Leidner Ann Kasich, Chamber of Commerce Ron Salute, Chamber of Commerce Ruth Finholt, Chamber of Commerce Kathleen Hughes, La Quinta Arts Foundation Louise Neeley, La Quinta Historical Society STAFF PRESENT: Edie Hylton, Community Services Director Carie Diaz, Community Services Secretary Tustin Larson, Recreation Supervisor Maria Casillas, City Manager's Office Guest: Andrea Carter, Kiner Communications BUSINESS ITEMS Logo and 25" Anniversary Theme Andrea from Kiner Communication had five different variations of the 25th Anniversary logo for the committee to discuss. The Committee voted on the B logo with slight modifications. Terri Henderson suggested we take the logo that the 25th Anniversary Committee chooses to be approved before the City Council. April Events Edie spoke to Randy Duncan from SilverRock golf course about getting a golf tournament planned. For the library event, the book being written on La Quinta Community Services 2511 Anniversary Meeting would make a good author presentation and book signing to include in the Anniversary events. Ruth Finholt stated that there will be no Mixer in April but there will be a BizNet event. Ruth Finholt also stated that the Chamber Mixer could be held Wednesday, February 28, 2007. Edie Hylton stated that application has been sent to the La Quinta High School for the facility use request. Tustin Larson discussed that for eight to ten minutes of fireworks with music the cost is about $15,000. Ruth Finholt the Chamber indicated they would help with sponsors for the fireworks. Open Discussion Terry Henderson recommended Stargazing for October Anniversary of San Jacinto Mountains to be at the Cove. Terry Henderson stated that having the San Jacinto video would be a good idea, and to also have the film viewed at the Library. Tustin Larson stated that using the same company that conducts the open air cinema could run the film in the Civic Center Park. Edie Hylton stated that we need to begin putting an itemized budget together for each of the events. Andrea Gassman stated that she is working with the Arts Foundation on having six different contests posted in the newspaper. Bob Leidner suggested having a Chamber booth at the Community Picnic and Birthday Celebration, which will be a good idea in introducing new businesses into the community. Andrea Gassman stated that there could be a Gamby coloring contest that can be posted in the newspapers and the pictures can be obtained from various businesses. Tustin Larson suggested having word search posted in local papers as well. Bob Leidner suggested having an essay contest. Kathleen Hughes stated that she is working with a local artist on creating a ginger bread house event in the Village to tie in with the Tree Lighting Ceremony with the City of La Quinta. The Mayor asked about grants and gratuities because Costco is having a 500t' store opening in La Quinta and may want to sponsor an event for the 25th Anniversary for the Chamber mixer, which will work with sponsors if interested. ADJOURNMENT 6: 30 p.m. v:.,Q Community Services 25" Anniversary Meeting NEXT MEETING INFORMATION Monday, September 11, 2006 @5:30 PM La Quinta Civic Center - Study Session Room Submitted by: ""-/ -S� Carie Diaz, CommunitDServices Secretary ATTACHMENT 2 251h ANNIVERSARY EVENT PLAN APRIL 2007 TBD Golf Tournament at SilverRock Golf Course (TBD) 24T" Author's Presentation on La Quinta - Library 7 - 8:30 p.m. 27T" Multigenerational Talent Show at the Senior Center 27TH Fishing Derby at Lake Cahuilla 28T" Birthday Party and Community Picnic 11 a.m. — 2 p.m. 28TH Concert and Fireworks at the High School at 7 p.m. DRAFT ATTACHMENT 3 COMMUNITY CALENDAR JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER 2006 2006 2006 2006 2006 2006 21st-Art 18 -Art Under the Under the Umbrellas @ Umbrellas @ • ° Old Town Old Town a� 5 -Wine & 9 -Tour of Cheese with LQ Resort 0 Friends 18th-History po of Date a Ranches 6t - 23rd-Mixer 13 th-Golf 26 th -Mixer 2" -Mayor's 11 -Toys Mayor's Tournament Luncheon @ for Tots Luncheon LQ Resort LQ Resort @ LQ Resort 28th-Mixer 29th-Mixer a� 26th_ U U Mixer 15 - 6 th-Padres 23r - 21S - Open Air 11 - 8 -Lighting Beach Game Algondones Cinema Veteran's of the Xmas 03 Train 12th-Wild Excursion 27th- Dog-o- Day Tree 20th- Animal Park ween 15t -Carlsbad 16th- Bkfast O' Pageant of 19th- 28th- Open Air Village Fair with Santa Masters Madhatter Cinema 17th- Teen 17th- 4-4 0 29th-Open Tea Party Dance Newport Air 25th-Teen Parade of U cinema Dance Li hts Oct. 20 — Nov. 26 — "I 8 — 24 — ao Love You, You're Perfect, "A Tuna x Now Change." Hugely Christmas." popular Musical, that moves Hilarious a• through all the stages of Love holidays in Cd and Marriage. the 3rd smallest dtown in '-4 Texas. COMMUNITY CALENDAR JANUARY FEBRUARY MARCH APRIL MAY JUNE 2007 2007 2007 2007 2007 2007 20-Art 10 -Art Under 3r - 14 th-Taste of LQ Under the the Umbrellas@ Celebration @ Old Town Umbrellas @ Old Town of the Arts Old Town Gala@ LQ Q 24th- Resort •2 Celebration of -a the Arts Gala @ 15tn-18tn- d LQ Resort LQ Arts w Festival 251n 13 -WWII w/ loth -History of 14 th-History of 6t - George Patton CV Water LQ Society & Membership o District City Year End x ply @ LQ to 18 -Dinner / Chamber Mixer Hotel Dance @ LQ O' Resort 29cn_3rd a graders tour o � ;-, U U TBD- Teen 3r -Concert at TBD- Teen 21-28 -Birthday TBD- Dance Civic Center Dance Picnic and Catalina Campus Celebration, Excursion Library event, Fishing Derby, Concert and Fireworks @ LQ high school, Tournament @ p� SilverRock Golf a Course. 4-4 14tn- Tennis 41 Tournament @ U 7am-3pm �, Jan. 19 — Feb. 18 — "Lend Mar. 10 — April 8 — R me a Tenor." It's the Cincinnati "Glengarry Glen Ross." David Open 1934 and there is a mix-up Mamet's gritty, award winning with the star Italian tenor ... a play, unveils the brutal, alpha dhilarious farce ensues. dog world of real estate 1980's. 2 ' J t`"`' s.. ATTACHMENT 4 c comma r Titf 4 4Q" COUNCIL/RDA MEETING DATE: Auqust 1, 2006 ITEM TITLE: Consideration of a Resolution of Support for the Salton Sea Authority Plan for Multi -Purpose Project and an Appropriation of $5,000 for Community Outreach RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 0 Adopt a Resolution supporting the Salton Sea Authority Plan Multi -Purpose Project and, appropriate $5,000 to assist the Salton Sea Authority in conducting community outreach activities. FISCAL IMPLICATIONS: The cost entailed in this request is $5,000. Funding for this request would come from unallocated General Fund Reserves (101-0000-290.00-00). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Salton Sea Authority has developed a Plan for a Multi -Purpose Project, which is directed toward the Salton Sea's restoration and revitalization. The restoration and revitalization of the Salton Sea are important because it will protect the air and water quality as well as preserving wildlife habitat and recreational activities of the Coachella Valley. Further, tribal cultural heritage preservation and economic development for the area will also benefit. This document represents a consensus of the Authority's member agencies, which include Riverside and Imperial Counties, Coachella Valley Water District and Imperial Irrigation District as well as the Torres -Martinez Indian Tribe. The proper future management of the Salton Sea will provide an important benefit to the City of La Quinta and the neighboring Coachella Valley. Thus far, the City of Coachella is the only city in our area to adopt a resolution and agree to contribute the $5,000. The Salton Sea Authority will be approaching other cities with similar resolutions and a request for contributions. A schedule for soliciting the funds and resolutions from the other cities has not yet been announced. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt the Resolution and appropriate $5,000 for a community outreach program; or 2. Do not adopt the Resolution and appropriate $5,000 for a community outreach program; or 3. Provide staff with alternative direction. Respectfully submitted, Michael O'Connor Assistant City Manager Approved for submission by: Thomas P. Genovese, City Manager 2 RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PROVIDING FINANCIAL ASSISTANCE AND SUPPORT TO THE SALTON SEA AUTHORITY WHEREAS, the Salton Sea is California's largest inland water body with beneficial uses including fisheries and wildlife habitat, recreation, and preservation of endangered species; and WHEREAS, the Salton Sea ecosystem is a critical link on the international Pacific flyway and has supported over 400 species of birds and a productive fishery; and WHEREAS, the Sea is threatened by increasing salinity and water loss; and WHEREAS, the Salton Sea Authority is a joint powers agency formed under the laws of the State of California by a Joint Powers Agreement dated 1993, is the lead agency for identifying and implementing corrective measures to preserve the beneficial uses of the Sea; and WHEREAS, the Salton Sea Authority is taking concrete steps in finalizing a conceptual design for the detailed planning of a remediation project that protects air quality, water quality and wildlife habitat, creates economic development and recreational opportunities on a regional basis and respects tribal culture and heritage values; and WHEREAS, the Salton Sea Authority Revitalization and Restoration Conceptual Plan will restore the Sea's ecosystem in a manner that also fosters regional economic development and recreational opportunities and minimize environmental impacts by creating the second largest lake in the state; and WHEREAS, La Quinta wishes to preserve and increase the environmental quality of life that has made it a premier destination resort. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1: The City of La Quinta hereby requests that each Salton Sea Authority member agency and other government entities and organizations within the Coachella Valley and Imperial County, including sovereign Indian nations, adopt a resolution of financial assistance and support for the Salton Sea Revitalization and Restoration Conceptual Plan. 3 SECTION 2: The City of La Quinta urges the State of California to select the Salton Sea Authority's plan as the preferred alternative for Salton Sea restoration. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2006, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADOLPH, Mayor City of La Quinta, California ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 4 REPORT/INFORMATIONAL ITEM: / 9 COMMUNITY SERVICES COMMISSION MINUTES July 10, 2006 I. CALL TO ORDER A regular meeting of the Community, Services Commission was called to order at 7:00 p.m. in the La Quinta Session Room. Commissioner Leidner presided over the meeting and Commissioner Gassman led the Pledge of Allegiance. MEMBERS PRESENT: Commissioner Mark Weber Commissioner Robert F. Sylk Commissioner Bob Leidner Commissioner Andrea Gassman Commissioner E. Howard Long STAFF PRESENT: Edie Hylton, Community Services Director Carie Diaz, Community Services Secretary Steve Howlett, Golf and Parks Manager GUESTS PRESENT: Doug Evans, Community Development Director II. PUBLIC COMMENT - None. Ill. CONFIRMATION OF AGENDA — It was moved and seconded by Commissioner Leidner and Commissioner Sylk. Motion carried unanimously. IV. PRESENTATIONS Community Development Director Doug Evans gave a presentation on the City's recently approved Sphere of Influence. Mr. Evans stated the City expects to have 60,000 dwellings added to the City. Over the next few months, the Community Development Department will be rewriting the demographics and zoning for this area. The City anticipates the Sphere of Community Services Commission 2 Minutes July 10, 2 Influence will add up 34,000 individuals in Planning Area 1 and up to 43,000 in Planning Area 2. Upon annexation of the entire Sphere of Influence area, based upon the current General Plan projections, the City could grow to as many as 160,000 people. In Planning Area 1, the City anticipates adding 101 acres of parkland, and 185 additional acres in Planning Area 2. This could result in needing up to 481 acres of parks for the entire City, which would include future. The new Sphere of Influence is bounded by Monroe Street on the west, Avenue 52 on the north, Van Buren Street on the east from Avenue 52 to Airport Boulevard (generally), and also along the east, Harrison Street from Airport Boulevard to Avenue 62. The area staff is currently focusing on is Monroe Street (current City limits) to Jackson Street (Planning Area 1). Commissioner Sylk asked Mr. Evans what the new center of La Quinta would be. Mr. Evans responded the center would remain the Village. Commissioner Gassman stated that in the 1992 Parks Master Plan, the desire was to have three acres of land per 1,000 people for parks. Currently the City's parkland is below that figure. She asked if there would be an opportunity to meet that goal. Mr. Evans stated that with the annexation of this sphere area, it had the potential to do so. The County has substantial interest in the area; the Coachella Valley Recreation and Park District also has an interest in the Sphere of Influence with the same purpose in mind. Mr. Evans stated great cities are remembered for parks and public facilities, not commercial development. The stakeholders in the Vista Santa Rosa area are the Community Council members and Task Force who were appointed by the County, the Homeowners' Association, and the Vista Santa Rosa Community Property Owners' Association which is made up of developers and large property owners. Commissioner Sylk asked if the City has plans to build a parkway. Mr. Evans stated the County has started working with CVAG to rebuild Avenue 62 into a parkway. It will originate at Monroe Street (Trilogy) and extend eastward to Highway 1 1 1 and will extend up to six lanes. V. CONSENT CALENDAR A. Approval of June 12, 2006 minutes. Community Services Commission 3 Minutes July 1 Commissioner Gassman noted a correction on page 2 which read "keeping a fraction" which should have read ."tracking funds." It was moved and seconded by Commissioners Sylk and Commissioner Gassman to approve the minutes and monthly report as amended. Motion carried unanimously. VI. PUBLIC HEARING — None VII. BUSINESS ITEMS A. Appointment of Chairperson for the Community Services Commission. Commissioner Sylk nominated Commissioner Weber for Chairperson, which was seconded by Commissioner Long. Motion carried unanimously. B. Appointment of Vice Chairperson of Community Services Commission Chairperson Weber nominated Commissioner Sylk and was seconded by Commissioner Long. Commissioner Gassman nominated Commissioner Leidner. The vote was cast for Commissioner Sylk for Vice Chairperson. Ayes - 3 Nays - 0 VIII. STUDY SESSION A. Discussion on Park and Recreation Master Plan Update. Community Services Director Hylton gave a brief overview of the Park and Recreation plan. She stated the Commissioners should start to get familiar with the Scope of Work and the areas of the new parks and trails. Ms. Hylton explained that a six -page comprehensive questionnaire will be mailed out to the City of La Quinta residents. Ms Hylton also stated that development of a trails plan has been added in the scope of work for Greenplay LLC. Ms Hylton explained that Greenplay LLC will work with Commissioners regarding the community meetings. Commissioner Weber asked what the start of the timeline is and when is the deadline. Commissioner Weber asked how successful will our questionnaire be with six pages. Ms Hylton stated that we will mail more questionnaires than needed to obtain the 400 required to validate the survey. A complimentary gift may be given as an incentive to encourage residents to wn� Community Services Commission 4 Minutes July 10, 2006 fill out the questionnaire;. However, people generally see this as an opportunity to give the city feedback. The Scope of Work is to be completed in April 2007. Commissioner Leidner asked Ms. Hylton how much of SilverRock are we considering for a park. Ms. Hylton explained that there is one 35 acre section on Ave 52 and Jefferson that has been designated for a future park. Commissioner Weber asked Ms. Hylton if the survey will be a continuing item. Ms. Hylton answered that there will be dates proposed next month and that the public process will start in the fall. Commissioner Sylk suggested having the Community Services Commission meeting earlier in the day. Commissioner. Weber suggested looking at the history of times the meetings have started. Commissioner Long suggested have the meeting at either 3 p.m. or 7 p.m. because of interfering with residents dinner time. It was agreed upon by the Commissioners to keep the meeting at 7 p.m. IX. CORRESPONDENCE AND WRITTEN MATERIALS A. 1992 Park and Recreation Master Plan B. Scope of Work for the 2006 Master Plan Update C. Official Zoning Map D. Notes from Youth Workshop Ms. Hylton stated that some of the ideas from the ASB meeting can be implemented in the Community Services department offerings. Commissioner Weber stated the he and Commissioner St. Johns attended the ASB meeting with the ASB student body officers. The meeting went well; there was a lot of interaction, and many good ideas were presented. Commissioner Weber also stated that it was a good idea to go to the students. Ms. Hylton stated that these meetings can be held at the Boys and Girls Club or to the Fritz Burns pool as well as at the schools. Commissioner Sylk asked about the pros and cons of having fireworks in La Quinta. Ms. Hylton stated that the City is hoping to have fireworks for the 251h Anniversary Celebration. Ms. Hylton indicated this item can be brought up for consideration during the budget preparation. Mr. Howlett stated that SilverRock might be a good site to have fireworks in the future. E. Art in Public Places Accounts r?8 Community Services Commission $ Minutes July 10, 2006 Ms. Hylton stated that the report is an overview of how the Art in Public Places funds has been spent for both public acquisitions and for the maintenance and care of some of the pieces. Ms. Hylton explained that the report also indicates the revenue that comes from the developer impact fees. Ms Hylton stated that there will be a mural of a Blackhawk which will be completed in the fall at La Quinta High School. Commissioner Weber asked if there are limitations on how much we can carry over on spending. Ms. Hylton answered that there isn't a limit on what we can carry over but we have to continue to spend the funds for public art. Commissioner Weber asked what the "zero balance" on page 105 indicates. Ms. Hylton answered it meant the Embassy Suites art piece has been paid for and has been zeroed out. F. Recreation Revenue Report May 2006 Ms. Hylton stated that the report shows the revenues by line item, such as rentals, excursions and the programs. X. COMMISSIONER ITEMS A. Reports from Commissioners Regarding Meetings Attended Commissioner Gassman stated that she attended an art show at Gallery One - Eleven at the Point Happy shopping center. Commissioner Gassman stated that there were five local artists who displayed their work for sale. Commissioner Leidner stated that he and Commissioner Gassman attended the first meeting of the 25th Anniversary Commission. Commissioner Leidner stated that the celebration will start toward the end of this year and carry through to the City's Anniversary day. B. Upcoming Events Commissioner Gassman gave a list of the events for Art Under the Umbrellas for a master calendar. Commissioner Leidner asked if there is a reconsideration of showing the movie Shrek on the 29' of July. Ms. Hylton confirmed the movie will run on the July 29th. Commissioner Weber asked if there will be refreshments at the movie. Ms Hylton stated that staff is planning on providing refreshments. Commissioner Leidner asked if Vector Control would be there to give packets. Mr. Howlett stated that staff will Community Services Commission 6 Minutes July 10, 2006 contact them; they are generally very responsive. XI. ADJOURNMENT It was moved by Chairperson Weber/Commissioner Gassman to adjourn the Community Services Commission meeting at 8:28 p.m. Motion carried unanimously. NEXT MEETING INFORMATION Monday, August 14, 2006 @ 7:00 PM La Quinta Civic Center - Study Session Room Submitted by: Carie Diaz, Community r es Secretary J 10 REPORT/INFORMATIONAL ITEM: /9 INVESTMENT ADVISORY BOARD Meeting June 14, 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 Chairperson Deniel, followed by the Pledge of Allegiance. PRESENT: Board Members Moulin, Deniel , Olander, and Rassi . ABSENT: Board Members Egbert OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary, Louise. West, Accounting Manager, Tom Genovese, City Manager and Kathy Jenson, City Attorney II PUBLIC COMMENTS - None III CONFIRMATION OF AGENDA — (This is the time set aside for public comment on any matter not scheduled on the agenda.) IV CONSENT CALENDAR A. Approval of Minutes of Meeting on May 10, 2006 for the Investment Advisory Board. Board Member Olander advised the Board on page 1, first sentence should read; hour of 5:35 P.M. by Vice GhaifperFRaR Chairman Olander, followed by the Pledge of Allegiance. MOTION - It was moved by Board Members Moulin/Olander to approve the Minutes of May 10, 2006 as amended. Motion carried unanimously. VI BUSINESS SESSION A. Transmittal of Treasury Report for April 2006 Mr. Falconer advised the Board that Staff is now including a Treasurer's commentary; this month's commentary reviews April's activity and also includes future activity. Staff will continue to include this commentary in all future agenda packets. Mr. Falconer advised the Board that there was a great deal of activity for the month of May and that this activity will be reflected in the May's Treasurer's Report.- Investment Advisory Board Minutes June 14, 2006 Board Member Olander asked Staff if the City's figures were comparable in comparison to other cities around the valley. Mr. Falconer stated that he reviewed January's figures to do a comparison and found that La Quinta and the City of Palm Desert were at 4.08% yield to maturity, several of the other cities, such as Indian Wells, Rancho Mirage and the County were much lower. Board Member Olander asked Staff if the' other cities used the six month T-Bill as their bench mark. Mr. Falconer replied that the City of Palm Desert uses LA1F as their bench mark but wasn't quite sure what the other cities use. Mr. Falconer stated that in comparison to other cities in the valley, the City of La Quinta's investment policy is more conservative, the other cities seem to be investing out further than the City of La Quinta which currently invests short-term. MOTION - It was moved by Board Members Moulin/Olander to approve, receive and file the Treasury Report for April 2006. Motion carried unanimously. B. Continued Consideration of Fiscal Year 2006/07 Investment Policies & Work Plan Items In response to Chairperson Deniel, Board Member Olander stated that the letter to the City Council was deferred until this month's meeting due to some confusion of the letter prepared by Chairperson Deniel. Chairperson Deniel clarified for the Board that the letter was drafted as a response to Councilman Osborne's concerns. Mr. Falconer advised the Board that this item was placed on the agenda for discussion by the Board under Item C and that it could be discussed at that time. Chairperson Denier stated that the Board was satisfied with the policy as it exists, but there was a concern by Board Member Olander in regards to LSE's and possibly limiting or eliminating GSE's. Board Member Olander stated that the Board continue with the existing policy but continue to monitor GSE's very closely. Chairperson Deniel recommended that the Board take a vote that the Finance Director currently refrain from purchasing LSE's until furthernotice, and will review in six months to review the status of GSE's and the current GSE's held by the City, along with a monthly report tracking report prepared by the Treasurer. Board Member Moulin stated he felt that the Treasurer did need to report on a monthly basis. - 2 Investment Advisory Board June 14, 2006 Minutes General discussion ensued by the Board regarding LSE's, Fannie Mae and Freddie Mac. The Treasurer stated that Fannie Mae (FNMA) investment was maturing in July and that he was not planning to reinvest until they have issued audited financial statements. Board Member Moulin motioned to move not to reinvest in Fannie Mae until Financial Statements have been released and at that time reevaluate Fannie Mae. City Attorney recommended to the Board that if they want a formal adopted action, that it be made part of the Investment Policy. It was agreed upon by the Board to make a recommendation to the Treasurer not to reinvest in Fannie Mae until Financial Statements are reviewed. Mr. Falconer clarified for the Board that there will be minimal changes to the policy and those changes will be the dates for this upcoming year. MOTION - It was moved by Board Members Moulin/Rassi to forward the Fiscal 2006/07 Investment Policy to the City Council. Motion carried by the following vote: Ayes -Board Members Moulin, Deniel, Olander and Rassi, Absent Board Member Egbert. C. Continued Consideration of Request for City Council to Release a Request for Proposal for Portfolio (RFP) for Investment Management Services Chairperson Deniel asked to address the response letter she drafted to Councilman Osborne. Board Member Olander asked the Board to clarify whether Councilman Osborne was representing the Council or himself and whether a written response was necessary. Chairperson Deniel stated that the Council meeting minutes state that Councilman Osborne raised an issue and Council responded .by suggesting he take the issue to the Investment Advisory Board, Councilman Osborne than came to the Investment Board with the issue. Mr. Falconer clarified for the Board that previous discussion pursued among the Board regarding the response letter and whether a written response was necessary. It was the consensus of the Board that a response was necessary. Another question arose from the Board. whether the letter be addressed to Councilman Osborne or to the whole Council and the Board felt it was common courtesy to address the fetter to the entire Council. Board Member Moulin asked Staff if the City Council would have to change the ordinance in order to move forward with RFP. City Attorney Jenson replied yes. 3- Investment Advisory Board Minutes June 14, 2006 Mr. Falconer stated that at the previous board meeting Staff suggested that the Board bring forward the work plan for the Fiscal Year 2006/07, the number one topic in the work plan would be the portfolio manager. Staff is planning to bring this to the July Investment Board meeting and based on the input from the Board this will be incorporated into the work plan and it will be presented to the Council the second meeting on the 18t" of July. The Board will be asking Council to consider the release of the RFP for the portfolio manager and than would ask the city attorney to draft language for allowing for the portfolio manager. Board Member Moulin asked Staff if it was possible to change the ordinance without approving the RFP, the position the Board would like to take is to get the authority in place, so if Council agrees they do not have to change the ordinance. Mr. Falconer stated that the ground work for the RFP has already been placed in the investment policy and the next step is the change to the ordinance, which would require Council action. If the Board chose to go in this direction the next scheduled Council meeting is on July 5th or if the Board decided to go with the normal course of the work plan the scheduled date is July 18tt'. Chairperson Deniel expressed her concern regarding the ordinance if placed in the work plan. The Board continued general discussion regarding the implementation of the use of a portfolio manager, the change to the ordinance and the responsibility of the Treasurer. The Board than proceeded to discuss the draft letter to Councilmember Osborne and the City Council and whether to include in the 2006/07 Investment Advisory Board work plan. It was agreed by the Board to have the Treasurer finalize the draft with Chairperson Deniel and distribute to the City Council. MOTION - It was moved by Board Members Olander/Moulin to place the Request for City Council to Release Request for Proposal for Portfolio (RFP) for Investment Management Services at the July 12t 2006 agenda as part of the 2006/07 Work Plan. Motion carried unanimously. VII CORRESPONDENCE AND WRITTEN MATERIAL A. Month End Cash Report — May 2006 Noted and Filed B . Pooled Money Investment Board Reports — February 2006 Noted and Filed 4 5,t4 Investment Advisory Board June -14, 2006 Minutes Vlll BOARD MEMBER ITEMS Board Member Rassi attended the CMTA Conference and was able to speak to at least twenty investment brokers and if the RFP is released for a portfolio manager these brokers could possibly be considered. IX Adjournment MOTION It was moved by Board Members Moulin/Rassi to adjourn the meeting at 7:00 p.m. Motion carried unanimously: S i d by, . oao�_� Vianka Orrantia, Secretary Department Report: / ` A a, W: c&ht 4 C OF It9 TO: FROM: The Honorable Mayor and Members of the City Council Thomas P. Genovese, City Manager 6 August 1, 2006 rr SUBJECT: Department Report Regarding Length and Efficiency of Council Meetings At the June 20, 2006 City Council meeting, the City Council appointed a subcommittee including Mayor Don Adolph and Council Member Tom Kirk to review and evaluate the length and efficiency of Council meetings and to make recommendation to the Council regarding their findings. The Mayor and Council Member Kirk have met and discussed with the City Manager the above -referenced subject matter. At the request of the subcommittee, staff researched other local cities' meeting length and average number of agenda items per meeting. This information is provided as Attachment 1. Additionally, staff researched the length of La Quinta City Council meetings during the last couple of years. This information is provided as Attachment 2. In general, the data from the La Quinta research would indicate the actual meeting time for La Quinta meetings is between 6 to 6.5 hours. (Data indicates 7.48 hours including the dinner break.) The data from the survey of other Valley cities indicate meeting times in the range of 3 to 4 hours. As a result of the meetings of the subcommittee and City staff (and in conjunction with the City Attorney's office), the subcommittee has compiled several suggestions for increasing the efficiency of Council meetings. Listed below are the items recommended to the City Council: 016 • Greater adherence to the existing rules of procedure contained in Resolution No. 98-109 (Attachment 3). More specifically, Section 4.8 regarding time limitation and order of debate, Sections 6.4, 6.8, and 8.2: Section 4.8 LIMITATION OF DEBATE No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. Section 6.4 PROCEDURE OF MOTIONS When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a) Adjourn b) Fix hour of adjournment c) Table d) Limit or terminate discussion e) Amend f) Postpone Section 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Section 8.2 RESOLUTIONS PREPARED IN ADVANCE Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. • There is no need to read the full titles of agenda items before taking them up. Instead, the Mayor or Redevelopment Agency Chair can reference the items by number only. There are rare exceptions to this, such as "threat of litigation against the City" which could be handled by the City Attorney. Additionally, motions may be simplified by stating, "I move the staff recommendation." In the case of a resolution, the motion can be stated as, "I move Resolution Number as presented by staff" or "I move the resolution attached to the Staff Report" or "I move the resolution approving the Specific Plan." • Place the second reading of Ordinances on the Consent Calendar. • Utilizing the dinner break (or a portion thereof) for Closed Session when needed. • Scheduling of four (4) meetings in June on a regular basis (two regular meetings, one for commission interviews, and one for budget discussions). • The subcommittee also recommends that Council Members discuss questions of a technical nature with City staff prior to Council meetings. In addition to the above items, which may be implemented by staff, the subcommittee also wishes to recommend the following changes that would require formal City Council action: 1. Changing the commencement time of the Council meeting from 2:00 p.m. to 4:00 p.m., with 4:00 p.m. to 6:00 p.m. (or earlier, as required) for open session agenda items; 6:00 p.m. (or earlier if time permits) to 7:00 p.m. for closed session items and dinner; 7:00 p.m. to 10:00 p.m. (or earlier, as required) for public hearings and finishing up open session agenda items. No new open session items will be considered after 10:00 p.m.; if closed session items remain, then Council would recess back into closed session. Open session agenda items not discussed would be considered at future meeting, perhaps as soon as the next business day. 2. Limiting the number of recipients at each meeting time or changing the process for presentation of the Art Wall awards. Staff and the City Attorney will be available to assist in the discussions regarding these matters and questions regarding Resolution No. 98-109. Attachments: 1. Survey of Valley Cities 2. Table - City of La Quinta Council Meeting Length 3. Resolution No. 98-109 548 ATTACHMENT 1 Survey of Valley Cities Council Meeting Length & Number of Agenda Items July 19, 2006 City of Average Average Comments Meeting Number Length Of Items* Cathedral City 2 to 3 hours 13 (high 23; low 6) Coachella 4 to 5 hours 29 Includes approx. 10-15 Consent Items; 8-10 New Business Items; 3-4 Public Hearings; Closed Session Items are sometimes considered during dinner break Desert Hot 3 hours 15 Springs Indian Wells 3 hours 30 Indio 2 to 2.5 10 to 18 If meetings aren't concluded by 10 p.m., hours Council reconvenes the following day to finish, but rarely happens Palm Desert 2.5 hours 35 Palm Springs 2.5 to 3 15 to 20 Council Meetings are held weekly: hours 1 st and 3rd Wednesdays for regular business 2"d and 4" Wednesdays for study sessions Rancho 4 hours Varies Mirage *All City Clerks noted the number of items varies widely; figure listed does not include closed session items, except Indio. ATTACHMENT 2 D (D cQ s V mOILI,Cn.`PA W W NN�sN-'-'C � 0 w V OCnA W N- -�N-'OOD-40)t�n� 3- oocn Cn �. a) O N w�� A N --4 V --4 V W N -��— W N — Cn — V — W — 0- — — — -� cn��ocnoo V W 7 c o o— O o O O o o 0 �-��-4 o 0 o 0 o 00 o 0 0 o O o — 0 O ncn�oo�� o--- 0 o p o A 000 to O W W O W rnp�a�rnrnrnrn0)0)CD crincncncnCAalcn A A A 0 o CD 3 n 0 N CD C. N (D N �,-I-I,ICD N A C" co N .A cn W Cn V O N W W O co W Cn o) m "I" A N N' W O W (A V' C N 7 CD N Cn V N0 W CnNco (MA tnO0 V O V W V 0Cn00CnC7D0N OOD(OMOD CA C C1 N (D lA N OONO ONWOO O--O co 000-EN0 W N-»OOON--ON' (D � OT N CD = 7 M (a N -N WNC)42, W -AN C) W A"N W W V.0600"LTI ? — O O SO C 3 n W W V 0 Cn W- -� CD A O O O O CO Cn CO -� O V A -� W" W OD coN t0 V 0 W -� (D N 0 O V 0 V 000 V 0 V V V Cn0 W000000Cn V W0Cn000OD0O0W(0(O00 3 C V00 .p 0) Cn Cn -NCn NCnCn Nw Wto '► OD CO 0-000 V COCn(O0-NCn0000000D0 W N-PODOCA4CbN V (OCn�011 coco W � p. AW cnCn P.4 WV dI=m co A W.1,mm 0 N W Cn L�O4?A A O W 0 W W N W -A0 CnCn W W 0 W V W 0 W N N n N O W --� C O Cp (O 0Cn A V W 0J� 00 V Wtn(OOACn0000000D0WN A 000Cn�ODNV (OC�I�CDOOD e.� 5 5 ATTACHMENT 3 RESOLUTION NO. 98-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES. WHEREAS, Section 2.04.040 of the La Quinta Charter and Municipal Code requires that the City Council adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; WHEREAS, this resolution supersedes City Council Resolutions No. 93-95, No. 95-30, No. 96-26, No. 97-79, and No. 98-68A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta that Rules of Procedure for City Council meetings and related functions and activities are hereby adopted, to read, as follows: PURPOSE: The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law. 1. MEETINGS 1.1 REGULAR MEETINGS: The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month at 2:00 p.m. with public hearings being scheduled for 7:00 p.m. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday. 1.2 ADJOURNED MEETINGS: Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. .�, b Resolution No. 98-109 1 O/6/98 Page 2 1.3 SPECIAL MEETINGS: Special Meetings may be called by the Mayor or majority of Council Members on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted. Notice of special meetings shall be posted in accordance with Section 1.4. 1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS: The City Clerk, or designee, shall post a meeting agenda in the following three locations at least 72 hours before each regular meeting of the City Council, to wit: (1) the bulletin board in front of the Civic Center; (2) on a public bulletin board located at Albertson's Supermarket on Highway 1 1 1; and (3) the Chamber of Commerce Village office. The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda only at the Civic Center location and this direction to post in all locations is directory only and not mandatory. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements of Government Code 54956. To the extent not required by State law, the provisions hereof are directory only. 1.5 QUORUM: Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only 3 attend. The following matters, however, require three affirmative votes: (a) adoption of ordinances, (b) resolutions granting franchises, and (c) orders for payment of money. If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by.lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. Resolution No. 98-109 1016/98 Page 3 1.6 MEETINGS TO BE PUBLIC: Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed. sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act (Government Code 54950 etc.). 1.7 CLOSED SESSION MINUTES: Pursuant to Section 54957.2 of the California Government Code, the City Clerk of the City of La Quinta may be required to attend closed session of the City Council and keep and enter in a minute book a record of topics discussed and decisions made at each meeting. The confidentiality of such minutes shall be maintained pursuant to the Government Code. 2. ORDER OF BUSINESS 2.1 AGENDA: The Order of Business of each meeting shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL *PUBLIC COMMENT CLOSED SESSION *PUBLIC COMMENT CONFIRMATION OF AGENDA APPROVAL OF MINUTES ANNOUNCEMENTS PRESENTATIONS *WRITTEN COMMUNICATION CONSENT CALENDAR BUSINESS SESSION *STUDY SESSION *REPORTS AND INFORMATIONAL ITEMS *DEPARTMENTAL REPORTS r )7;1 Resolution No. 98-109 10/6/98 Page 4 *MAYOR AND COUNCIL MEMBERS ITEMS *PUBLIC COMMENT PRESENTATIONS PUBLIC HEARINGS ADJOURNMENT Except with majority consent of the Council, items may not be taken out of order. * These portions of the agenda shall be used for discussion and direction to staff to bring back an item with or without additional information or clarification for final consideration as a business, consent calendar or public hearing item on a future agenda. Alternatively, direction could be given to bring back an item for further discussion on a future agenda in any of these highlighted portions of the agenda. 2.2 DELIVERY OF AGENDA: Barring insurmountable difficulties, the Agenda shall ordinarily be delivered to Council Members each Friday preceding the Tuesday meeting to which it pertains. The Agenda shall also be available to the general public at the time it is delivered to the City Council. 2.3 ROLL CALL: Before proceeding with the business of the Council, the City Clerk shall call the roll of the Council Members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last. 2.4 APPROVAL OF MINUTES: Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the clerk has previously furnished each Council Member with a copy thereof. 2.5 PUBLIC HEARINGS: Generally, public hearings shall be conducted in -the following order: Hearing opened by Presiding Officer Staff presentation Questions of Staff by Council 554 Resolution No. 98-109 1 O/6/98 Page 5 Public testimony opened by Presiding Officer Public testimony Hearing closed Questions by Council Discussion by Council Action by Council Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard. 2.6 PUBLIC COMMENT: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Government Code 54954.2 provides that no action shall be taken on any item not appearing on the agenda unless the action is authorized by Government Code 54954.2 (b). On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda shall, upon direction of any Council Member, be automatically referred to the staff or placed on the next meeting's agenda. It is hereby determined that such requests or direction by a Council Member shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken. 2.7 CONSENT AGENDA: Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items, may be approved by one blanket motion upon unanimous consent. j J Resolution No. 98-109 10/6/98 Page 6 Prior to, or following review of the consent agenda by the City Manager, any Council Member may request that any item be withdrawn from the consent agenda for separate consideration. However, any Council Member may abstain from voting on any consent agenda, and the City Clerk shall be instructed to record such abstentions in the minutes. 3. PRESIDING OFFICER 3.1 PRESIDING OFFICER: The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Council Member shall preside. If there are two Council Members with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer. In accordance with Government Code Section 36801, the Council shall meet on the Tuesday after each general municipal election and choose one of its members as Mayor Pro Tempore. Each selection shall be by three or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent(s) to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three or more affirmative votes, provided that at the second regular meeting in November of each odd numbered year, the office of Mayor Pro Tempore shall automatically be reconsidered by the Council. 3.2 CALL TO ORDER: The meeting of the Council shall be called to order by the Mayor, or in his/her absence, by the Mayor Pro Tempore. In the absence of both the Mayor and the Mayor Pro Tempore, the meeting shall be called to order by the senior Council Member as determined in Section 3.1, who shall serve as Presiding Officer. 3.3 PARTICIPATION OF PRESIDING OFFICER: The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he shall not be deprived of any of the rights and privileges of a Council Member by reason of his acting as Presiding Officer. However, the Presiding -Officer is primarily responsible for the conduct of the meeting. If he desires to personally engage in extended debate on questions before the Council, he should consider turning the Chair over to another member. Resolution No. 98-109 1 O/6/98 Page 7 3.4 QUESTION TO BE STATED: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 3.5 SIGNING OF DOCUMENTS: The Mayor, or Mayor Pro Tempore, or Acting Presiding Officer, in the absence of the Mayor, shall sign ordinances adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor, Mayor Pro Tempore, or the Acting Presiding Officer. 3.6 MAINTENANCE OF ORDER: The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. 4. RULES. DECORUM AND ORDER 4.1 POINTS OF ORDER: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER - COUNCIL MEMBERS: (a) Any Council Member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself to the question under debate. (b) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses.to yield to questions from another Council Member. Resolution No. 98-109 10/6/98 Page 8 (c) Any Council Member called to order while he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent or shall alter his remarks so as to comply with rules of the Council. (d) Council Members shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. . (e) Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act. (f) Except where specifically authorized by City'Council action or for purely ceremonial purposes, no Council Member attending a City commission or committee meeting shall make any statement or give the appearance or indicate in any way that he or she is representing the City. When making a comment at such a meeting, the Council Member should make it clear that he or she is speaking solely as an individual. Unless officially appointed to participate on a committee, Council Members should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue. 4.3 DECORUM AND ORDER - EMPLOYEES: Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or member of the public. 4.4 DECORUM AND ORDER - PUBLIC: Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant -of -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Council. Resolution No. 98-109 10/6/98 Page 9 a f Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant -of -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. 4.5 ENFORCEMENT OF DECORUM: The head of the City's police agency or designee shall be ex-officio sergeant -of - arms of the Council. He shall carry out all orders and instructions given him by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant -of -arms or his representative to eject any person from the Council Chambers or place him under arrest or both. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 4.6 PERSONAL PRIVILEGE: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned. 4.7 CONFLICT OF INTEREST: All Council Members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting and will be considered absent. Such Council Member may choose to leave the Council Chamber during debate and voting on the issue. 5-- 7" . Resolution No. 98-109 10/6/98 Page 10 4.8 LIMITATION OF DEBATE: No Council Member normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Council. 4.9 DISSENTS AND PROTESTS: Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... " 4.10 PROCEDURES IN ABSENCE OF RULES: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. 4.11 RULINGS OF CHAIR FINAL UNLESS OVERRULED: In presiding over Council meetings, the Mayor, Mayor Pro Tempore or temporary Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting. 5. ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL: Any member of the public desiring to address the Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed -to the Chair and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. Resolution No. 98-109 10/6/98 Page 11 i 5.2 TIME LIMITATION: For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE: After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council. 5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS: The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Council Members. 5.5 PERSONS AUTHORIZED TO BE WITHIN PLATFORM: No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer. 6. MOTIONS 6.1 PROCESSING OF MOTIONS: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. 6.2 MOTIONS OUT OF ORDER: The Presiding Officer may at any time, by majority consent of the Council, permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order. 11 r� A Resolution No. 98-109 10/6/98 Page 12 6.3 DIVISION OF QUESTION: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 6.4 PROCEDURE OF MOTIONS: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: (a) Adjourn (b) Fix hour of adjournment (c) Table (d) Limit or terminate discussion (e) Amend (f) Postpone 6.5 MOTION TO ADJOURN: (not debatable) A motion to adjourn shall be in order at any time, except as follows: (a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending, and (d) While a vote is being taken. 6.6 MOTION TO FIX HOUR OF ADJOURNMENT: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. 6.7 MOTION TO TABLE: A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of -the next regular meeting. Resolution No. 98-109 10/6198 Page 13 6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6.9 MOTION TO AMEND: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised. 7. VOTING PROCEDURE 7.1 VOTING PROCEDURE: In acting upon every motion, the vote shall be taken by electronic voting. In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last. The Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain'. Every ordinance and any resolutions or orders for franchises or payments of money require three affirmative votes. Any member may change his vote before the next order of business. 7.2 FAILURE TO VOTE: A Council Member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A Council Member abstaining for reasons other than conflict shall, be counted as present for purposes of a quorum and such abstentions are counted with the majority. A Council Member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. 5 t) Resolution No. 98-109 10/6/98 Page 14 7.3 RECONSIDERATION: Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh calendar day falls on a holiday, then the deadline shall be the next business day. If the motion to reconsider passes then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for a reconsideration thereof shall ' be made without unanimous consent of the Council. 7.4 TIE VOTES: Tie Votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Council Member(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote. 8. RESOLUTIONS 8.1 DEFINITIONS: As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. As used in this City, however, three terms are in general use to denote such (non -ordinance) actions: "resolution", "minute order", and .,motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in the formality of respective memorialization. The most formal is referred to locally as a "resolution". This, in addition to being referenced in the minutes, will be recorded by a separate document, 56. Resolution No. 98-109 1 O/6/98 Page 15 numbered in sequence and preserved in a separate set of books. Such " resolutions" are used in this City for various reasons, such as )when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes a Council action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. 8.2 RESOLUTIONS PREPARED IN ADVANCE: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed in Section 7.1, and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may require that the resolution be read in full. 8.3 RESOLUTIONS NOT PREPARED IN ADVANCE: Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting. 8.4 URGENCY RESOLUTIONS: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed. Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable. Resolution No. 98-109 10/6/98 Page 16 9. ORDINANCES 9.1 INTRODUCTION AND ADOPTION OF ORDINANCES: Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section. 9.2 EFFECTIVE DATE: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance. 9.3 PUBLISHING: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with section 36933 of the Government Code within 15 days after adoption. 10. POLITICAL ACTIVITIES (A) Council Members shall not use, or attempt to use, their position, office or authority to influence, aid or obstruct any City employee from securing any position, nomination, confirmation or promotion, or change in compensation or position in the City upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee's action. (B) A Council Member or candidate shall not, directly or indirectly, solicit political funds or contributions, knowingly, from other officers or employees of the local agency or from persons on an employment list of the City, with the Jt�J Resolution No. 98-109 10/6/98 Page 17 knowledge that the person from whom the contribution is solicited is an officer or employee of the City. This section shall not prohibit the Council Member from requesting political contributions from officers or employees of the City if the solicitation is part of a solicitation made to a significant segment of the public which may include officers of employees of the City. (C) No Council Member or candidate shall engage in political activity during working hours in City officers or work areas where such activity would disrupt the workplace. For purposes of this section, City offices or work areas includes the areas behind the public counters, but excludes the Council Chambers and Council Member offices. 1 1 . RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. PASSED, APPROVED and ADOPTED this 6tn day of October 1998 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None ()L a I-, JOH RNA, Maor City of La Quinta, California Resolution No. 98-109 10/6/98 Page 18 ATTEST: ;AU::N��D-RA L. JUFfOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYW LL, City Attorney City of La Quinta, California DEPARTMENT REPORT: — TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manager DATE: August 1, 2006 SUBJECT: La Quinta's Sphere of Influence Update • Vista Santa Rosa Community Council: Staff continues to attend the monthly VSR Community Council meetings. Development projects within VSR continue to be scheduled for consideration by the Community Council. Staff continues to work with Riverside County planning staff in review and commenting on proposed developments within the SOL Since the beginning of this year, staff has received notice of three tentative tract map applications within the VSR boundary and provided written comments for one of the applications. Staff is working with Riverside County planning staff in an effort to accurately identify and map all recently approved and pending tract maps within the SOL • Vista Santa Rosa Task Force: Formed earlier this year for the purpose of developing a land use plan for VSR, the Task Force has been meeting on a semi -regular basis. The Task Force recently heard a presentation from Riverside County Planning staff proposing a land use plan based upon previously received Task Force input. A final recommendation should be completed in the next 60 -90 days with the exercise concluding by the end of 2006. • Riverside County Memorandum of Understanding (MOU): A copy of the Draft MOU was sent by the County to all Coachella Valley and Desert Pass Cities to establish a uniform process for handling development projects, mobility, economic development, recreation, public facilities, open space, habitat protection, and conservation. The MOU outlines County actions to be undertaken and City action to be undertaken. City staff met with County representatives on July 26 regarding land use planning standards and entitlements issues for La Quinta's Sphere of Influence area. 5639 The Draft MOU is Attachment 1. All items in red are City discussion points that were discussed at the meeting with the County. The County suggested most of these points should be addressed in a more specific City -County pre - annexation development agreement. The key items discussed were as follows: 1 . Long-term infrastructure improvements and funding 2. Tax increment revenue agreements 3. Public facility improvements 4. Housing programs 5. Economic development 6. Annexation agreements with County RDA 7. Special legislation, if needed 8. City/County agree to work cooperatively to develop land use, zoning and other standards for the Vista Santa Rosa Area. 9. City will prepare a SOI Strategic Plan that both agencies will consider as a Work Program regarding land use, zoning, design standards, and for use in developing general plan, zoning, and other regulations. 10. County will expedite the development of the "pay its own way" program. 11. Funds collected in SOI will be dedicated to solely benefit the SOL 12. City will prepare Development Impact Fee and County will consider adopting City Fee program on an interim basis. In addition, the City and County representatives agreed to work on the following: 1 . The City will consider assigning a City Council Member or two to the Vista Santa Rosa Task Force. 2. The County Transportation Department will transmit roadway improvement plans to City for review and comment. 3. Work cooperatively on developing a pre -annexation agreement which will include the County RDA. 4. Work cooperatively on private and public planning and design programs including parkways. 5. Consider developing a long-term fiscal and infrastructure program. Overall, the meeting was very productive and the City will prepare a summary letter for the County (Attachment 2). • Tract Map Applications: As of July 25, the Community Development Department has received three tentative tract map applications for properties located in the SOI and neighboring current city limits. As currently proposed, the three maps represent 725 residential lots on approximately 300 acres. Multiple additional parties have met with staff and additional parties are 579 requesting meetings, averaging between 3 and 6 meetings per week. Based upon these meetings, staff anticipates receiving several additional applications in the near future. Please note that staff continues to inform all interested parties that tract map applications received in the SOI are required to submit to the VSR Community Council for a "one time review" prior to their application being considered by the Planning Commission and City Council. • VSR Design Guidelines/Standards: As directed by City Council, Community Development staff has been considering perimeter design guidelines and standards for future development in VSR. Most recently, staff provided copies of the Riverside County VSR Design Guidelines to the Planning Commission for comment. Once developed staff will forward this matter to City Council for consideration. • Strategic Plan: Staff continues to progress in the development of a Strategic Plan for the SOL An update on the key components of the Plan are as follows: o Existing Conditions/Analysis - Infrastructure analysis is leading to the formation of a development impact fee (DIF) exclusively for the SOI area. o Fiscal Report - Three land use alternative models are currently underway. o Design Charette/Workshop - A request for proposals is currently being developed and will be solicited for outsourcing this component. o Land Use Plan- Staff is working with Riverside County staff and RSG in the development of this Plan. o Parkways/walls/berms - A request for proposals is currently being developed and will be solicited for outsourcing this component. Attachments: 1. MOU 2. City response letter to County i ATTACHMENT 1 COUNTY/CITIES MEMORANDUM OF UNDERSTANDING REGARDING LAND USE PLANNING STANDARDS AND ENTITLEMENTS Draft: june 2, 2o04&-.:uly 19, 1006 City Discussion Points Draft La Quinta Specific MOU due to Vista Santa Rosa special circumstances I. This Memorandum of Understanding (MOU) is entered into with reference to the following facts: A. Representatives of the County of Riverside (County) and cities of Riverside County (Cities) have met and have, in good faith, agreed to enter into an MOU concerning the Riverside county Integrated Project and its effects upon the County and the Cities. The County intends this MOU to be available at this time to the following Cities: Banning, Beaumont, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage. B. The Riverside County Board of Supervisors acknowledges the need to work cooperatively with Cities on issues of land use, mobility, economic development, recreational facilities including trails, other public facilities, and open space and wildlife habitat protection and conservation. Riverside County has been, and will continue to be, one of the fastest growing regions in California. Economic forecasts project that Riverside County will approximately double its population in the next 20 years. To accommodate the current high level of growth in our region, County and cities need to develop common goals and approaches to dealing with new development. C. County and Cities hereby agree to various understandings, goals, and actions that will facilitate their cooperation in the planning and development of Riverside County. Cities have conditioned their support for the Riverside County Integrated Project, which addresses transportation, multiple species habitat conservation, and land use planning, to the resolution of city/county issues. These agreed upon points may be implemented through the County's General Plan, adopted in 2003, the General Plans of Cities, and through various implementing ordinances and policies of both County and Cities. County General Plan Land Use Element Policies No. LU 1 .3, LU 3.3, and LU 4.1 generally require the County to coordinate with cities on development review within city spheres of influence, and require a number of specified 5'74;2-- standards for planning and design for development proposals within city spheres of influence. This MOU will require the County and Cities in the implementation of the County General Plan. D. . Add a section regarding the Thermal Redevelopment Project Area which addresses the following: 1. Long-term infrastructure improvements and funding 2. Tax increment revenue agreements 3. Public facility improvements 4. Housing programs 5. Economic development 6. Annexation agreements with County RDA 7. Special legislation, if needed II. Representatives of County and Cities have reached an understanding as to certain policies to be adopted and actions to be undertaken by both County and Cities. Therefore, County and cities agree as follows: A. County Actions: 1 . County will adopt a policy setting forth more specific land use development standards within city spheres of influence, whereby a city's land use development standards would be implemented where they are more strict than the County's standards and the County's standards would be implemented where they are more strict than a city's standards. Prior to the adoption of the 2008 update of the County General Plan, County will strive to establish in city spheres of influence development standards that are mutually agreeable to both County and Cities and that are consistent with County General Plan. Where differences arise in standards that directly affect public health and safety, County in all instances reserves the authority to apply standards that in its sole judgment are consistent with its basic responsibility to protect the health, safety and welfare of the public. a. City/County agree to work cooperatively to develop land use, zoning and other standards for the Vista Santa Rosa Area. b. City will prepare a SOI Strategic Plan that both agencies will consider as a Work Program regarding land use, zoning, design standards, and for use in developing general plan, zoning, and other regulations. 2. County will adopt a policy and implement standards to provide that new development occurring in unincorporated areas will "pay its own way" in accordance with a County Community Facilities and Services Plan, which County intends to adopt along with or prior to the 2008 update of its General Plan. The phrase "pay its own way" means that the County will establish programs that will be continuing obligations of the County utilizing a Community Facilities District (CFD), County Service Area (CSA), or other ongoing funding mechanism, subject to the requirements and limitations of Proposition 218. The use of Homeowner Associations (HOAs) will be limited to services or facilities servicing only specific groups of property owners involved with the HOAs. a. County will expedite the development of the "pay its own way" program. b. Funds collected in SOI shall be dedicated to solely benefit the SOL c. City will prepare Development Impact Fee and County will consider adopting City Fee program on an interim basis. 3. County desires to jointly plan with Cities in unincorporated areas adjacent to Cities. To facilitate this cooperative effort, County will not approve any residential tract map, major commercial or industrial project, or project requiring a change of zone or a general plan amendment that is inconsistent with a City's adopted general plan for its sphere of influence until: a) the appropriate City staff and the project applicant have met, if a meeting is desired by City to review the subject development proposal, and b► City has been provided a reasonable opportunity to review the proposal and provide County with any comments or recommendations that it may have regarding the proposal. The purpose of the referenced meeting and/or review is to develop land use planning entitlement requirements regarding the project that are agreeable to both the County and City, that will be submitted to the County Planning Director or Planning Commission, as appropriate, for review and action, or submitted as a recommendation to the Board of Supervisors for action. County agrees to direct project applicants to actively work with Cities to facilitate City review of their proposals, which may include meetings with City, providing to City all site plan, architectural, and other information normally required by County, and such additional reasonable information as may be determined necessary by City to properly complete its review. County agrees to provide Cities with notice of all public hearings regarding projects affected by this MOU. County will incorporate City comments and recommendations into projects 5 74 and under all circumstances present the City recommendations to the applicable County decision - making authorities. a City to adopt SOI Project Review Fee and County will require applicants to pay such fees for projects within City's Sol. B. City Actions: 1. Each respective City Council of each City that is a member of the Coachella Valley Association of Governments (CVAG) will adopt a Resolution in support of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). 2. Cities that are members of CVAG will support and work in good faith with County and CVAG to develop and implement the CVMSHCP. 3. Cities that are members of CVAG will support and work in good faith with County and CVAG to update and implement the Transportation Uniform Mitigation Fee (TUMF) for the Coachella Valley, or continue with the City's current alternative transportation funding program. 4. Cities agree to review all development proposals within their spheres of influence that are transmitted to them by County, and, in each case, provide to County a letter stating any comments or recommendations that they may have regarding a development proposal. Cities agree to complete project reviews and provide to County their letters of comments or recommendations by the due date for a response that is specified in the project in the project transmittals which shall be a minimum of 45 days, or such other reasonable period of time agreed to by both County and Cities. Cities agree that at the end of an agreed upon review and comment period, County may proceed with its normal development review process, including setting a case for a public hearing, conducting the hearing, and acting to approve, approve in modified fashion and/or with conditions, or deny the case, whether or not County has been provided with written City comments or recommendations. When a case is set for public hearing, County will provide City with advance notice of said hearing. 5. Cities will adopt a companion policy for County review of regionally significant projects located within Cities. The policy will provide for a joint review process as provided in Subsection II.A.3. above to apply to projects located within cities, within one half (1 /2) mile of the city limit adjoining an unincorporated area. C. Joint City/County Actions: 1. County and Cities will jointly establish a practical, standard procedure that both Cities and County will follow to implement the joint project review process. The procedure will define the range of projects to be subject to joint review. 2. County and Cities agree to implement the foregoing policies and actions as soon as practicable. Il. This MOU shall take effect upon approval of the governing boards of County and Cities. County Chairman Riverside County Board of Supervisors Cities: Mayor ATTACHMENT 2 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 July 21, 2006 VIA FACSIMILE AND U.S. MAIL Supervisor Roy Wilson Riverside County 73-710 Fred Waring Dr., Ste. 222 Palm Desert, CA 92260 Dear Supervisor Wilson: This letter is in reference to our upcoming meeting of July 26. The City is looking to work collaboratively to resolve Sphere of Influence (S00 matters surrounding the Vista Santa Rosa area. In order to be most effective, we have enclosed an agenda and materials regarding issues of mutual concern to Riverside County and the City. Perhaps the most effective general framework to discuss the SOI issue is to use the proposed Final Draft Memorandum of Understanding (MOU) between the County of Riverside and the cities of Riverside County (see attached). Used as a framework, this MOU could help us address methods to allow for the most orderly transition from County Unincorporated areas to the City of La Quinta. Some items that need attention include: • Development and planning review, including infrastructure needs • Infrastructure and public facilities financing • County RDA revenue sharing • Possible Special legislation • Annexation Agreement The City understands there are existing financial arrangements in place for the Thermal Redevelopment Project Area that cover or adjoin some of La Quinta's SOI, but the City is interested in exploring creative and mutually beneficial solutions that will serve the growing development and population in this area. §4-,�� Supervisor Roy Wilson Riverside County July 20, 2006 Page 2 I have sent over a copy of the MOU with discussion points added in red. We look forward to next week's meeting. In the meantime, please let me know if I can provide additional information. Sincerely. THOMAS P. GENOVESE City Manager TPG:MOC:bjs Enclosure Department Report: -- li ti �Z V OF 9ti TO: The Honorable Mayor and Members of the City Council FROM: Thomas P. Genovese, City Manage6 1 DATE: August 1, 2006 SUBJECT: Department Report Regarding City Council Meeting of September 5, 2006 At the May 2, 2006 City Council meeting, the Council discussed its summer schedule, including the possibility of canceling the September 5, 2006 meeting. (The meeting minutes are included as Attachment 1.) The Council's consensus was to determine at the August 1, 2006 meeting, if it would be feasible to cancel the September 5, 2006 meeting. Staff has reviewed the potential agenda items for September 5, 2006. Several items are of a time -sensitive nature, including: *Consideration of a Tax -Sharing Agreement with Embassy Suites/Chicago Title •Potential Purchase and Sale Agreement for the Mazzella Property *Potential Purchase and Sale Agreements for the Properties at Washington/Darby Road *Consideration of DDA Amendments for CP Development The first item is particularly sensitive, as the Embassy Suites is scheduled to open prior to the second meeting in September. Therefore, staff recommends conducting the September 5, 2006 City Council meeting. Other potential agenda items for September 5, 2006 include: r �� •Award of Contract for Avenue 54 Improvements •Consideration of Bell Tower at Old Town •Agreement for Red Light Enforcement Program •Modifications to Arches Sculpture at Fritz Burns Park •RFP for DIF Study in Sphere of Influence Area •Design of the Library Bus Shelter Attachment: 1. Minutes of May 2, 2006 City Council meeting 030 ATTACHMENT 1 City Council Minutes May 2, 2006 manager is hired, and don't see a need to get back to Council on this issue. He stated he is discouraged about their lack of discussion and lack of appreciation for some of the Council Members' concerns for the low rate of return. All other reports were noted and filed. DEPARTMENT REPORTS 1. CITY MANAGER. City Manager Genovese introduced Michael O'Connor as the new Assistant City Manager, and expressed appreciation to the management analysts who stepped in to help while the position was vacant. -� 3-B. REPORT REGARDING SCHEDULING OF THE CITY COUNCIL MEETING OF JULY 4, 2006 AND SUMMER SCHEDULE FOR 2006. City Clerk Greek presented the staff report. Council Member Henderson noted the Council has previously cancelled one meeting in August and one meeting in September, and suggested Council consider doing that again. Council concurred to move the July 41h City Council meeting to July 5th Council Member Sniff suggested City Hall be closed on Monday, July 3rd Mayor Adolph stated he doesn't have a problem with it. Council Member Henderson referenced a legal concern that arose in Los Angeles County about it being a gift of public funds. She also noted if City Hall is closed on Monday it wouldn't allow Council an opportunity to meet with staff prior to the Council meeting. Council Member Sniff stated he didn't see that as a problem. Regarding the summer schedule, he indicated he would support canceling one meeting and suggested September 5`h. Council Member Kirk suggested canceling two meetings and considering in August if the September 5m meeting should be rescheduled. He noted r JB1 City Council Minutes May 2, 2006 canceling the meetings would probably give staff an opportunity to catch up on some of the workload. Mayor Adolph pointed out canceling the August 151h meeting would provide a month between the August 1" and September 5th meetings. He stated he could also support canceling the September 51h meeting if there are not a lot of issues to go on the agenda. Council Member Henderson clarified she wasn't suggesting meetings be cancelled if public hearings need to be agendized. Council Member Osborne stated he is in favor of canceling the August 15th meeting and determining at the August 1" meeting if the September 51h meeting will be needed. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING HOUSING DENSITY. Mayor Adolph stated he feels staff should have some direction as to what type of density the Council wants in the new sphere of influence area. In response to Council Member Osborne, City Manager Genovese stated a sphere of influence work plan is tentatively scheduled for discussion at the next City Council meeting. Community Development Director Evans stated staff is working on a strategic plan to deal with annexations as it relates to land -use regulations, density, project design, street design, fire needs, etc. The plan will include a vast element of public involvement, and he noted it will be a delicate balance trying to fit into the existing County Task Force and Vista Santa Rosa Community Council. He stated staff needs an overall program to share with the public that is already inquiring about annexation. He indicated staff is already looking at areas within the City limits such as the property south of Avenue 58 and west of Madison Street, and policies developed for the Vista Santa Rosa area will probably apply to the smaller development parcels in the southeast portion of the City. Council Member Kirk stated he has requested an item be agendized dealing with what the County Task Force is doing, and how it relates to the City's work program. He indicated he is a strong believer in property rights, and t'' rya ry DEPARTMENT REPORT: 3-A i CITY COUNCIL S UPCOMING EVENTS AUGUST 1 SEPTEMBER 5 SEPTEMBER 19 SEPTEMBER 6-9 OCTOBER 3 OCTOBER 17 NOVEMBER 7 NOVEMBER 21 CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LEAGUE OF CALIFORNIA CITIES MAYOR/ COUNCIL MEMBERS EXECUTIVE FORUM CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING CITY COUNCIL MEETING LA QUINTA CITY COUNCIL MONTHLY CALENDAR August 2006 Sunday Monday Tuesday Wednesday Thursday ii-riciay i!iiii 'ii'I.,!5!!iij j' 'li!!!!iii ••i,Lr�!ii!I:�Inrr'r. iuu!;;. ��iri!i:... i iii..: .!:II :!: ;iilin�!.�;9;,:,,,i:. 3 4 5 2:00 PM City Council ZAM ALRC July Meeting S M T W T F S G-!!!! lii:l;!: 111 ti ?si 9 10 11 12 13 14 15 jlijlililliali 16 17 18 19 20 21 22 „I!Ii:ill II "`liljl!ra!ri1! =l;ili! rliiiii 23 24 25 26 27 28 29 ilii,Ill�Il IIIllliiii ..:3031...::::.: ; •�:� i::: � !'��::::III;!;I;::,!:IIIIII!ui!:!t!:II!II!Ig!!,!i:i:ii Ili,il!i';!y""^":li!dlfill!;!;iiji�::illlllljl;jji�:ll:l(Ilij;j!I::IIIIIillll 9 10 11 12 6 7 8 7:00 PM Planning 9:00 AM RCTC- Commission Henderson 5:30 PM Investment Advisory Board 13 14 15 16 17 18 19 6:00 PM League- 2:00 PM City Council 3:00 PM Historic Preser• 9:00 AM CVA•Henderson Henderson Meeting (CANCELLED) vation Commission 7:00 PM Community Services Commission 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Sunline•Adolph 9:00 AM LAFCO- Commission Henderson .....:!:::.. 27 28 29 30 31 10:30 AM RCTBudget C September'' jl 11i1i,ill l ll Henderson S M T W T F S t:.l Si!!i:!!iii'!IIliiil!II I! 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1g!iil 17 18 19 20 21 22 23 j!!fr!iii!!'"'' lriFij, i iii!!!!!! 24 25 26 27 28 29 30 .,IIII!ll:lr!iifl�fi :.,,;III .ji::..�.....:rr•�� •I..;;:::!::i:i!I;;;!;;::i:illllyi;::l!:.:iir!iii!ii �`!Ii:ll.. :,il �`��: :;ri i!ili�!!! !4!. 10.uE:%:; •'I:I itII , r J .: ....................................................................................................................................... Printed by Calendar Creator Plus on 7/26/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR September 2006 IWO i:kV�VjLqJ1LV tq I Z18 2 Z 9:00 AM 4:00 PM SJSR August October S M T W T F S NtI. Mnmt-Henderson S M T W T IF S 2 3 4 5 6 7 9 10 11 12 1 2 3 4 5 6 8 9 10 11 12 13 7 14 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15 16 17 18 19 20 22 Z3 24 25 26 27 21 28 27 28 29 30 31 ma 29 30 31 111111111111-.1-11111 1-g: ; . .. .... ... lVall 1I.1 M 111i iM Rrl'i I I M" I !M K, 1; 3 4 5 6 7 8 9 2:00 PM City Council 10:00 AM ALRC 12:00 PM Mayors Lunch Meeting Labor Day (CITY HALL CLOSED) Lea ue of California Cities Annual Conference - San Die 10 11 12 13 14 15 16 9:00 AM Chamber 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- 9:00 AM CVA-Henderson Workshop -Henderson Commission Henderson 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 Energy/ 3:00 PM Mtns. Con -Sniff Environs Sniff 6:00 PM League - Henderson 7:00 PM Community Services Commission 17 18 19 20 21 22 23 2:00 PM City Council 3:00 PM Historic Preser- V11% Meeting vation Commission 1st Day of Autumn 24 25 26 27 28 29 30 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM Human/Comm- 9:00 AM LAFCO- Henderson Commission Osborne Henderson 6:00 PM Exec Cmte, 12:00 PM Sunline-Adolph Adolph 4:00 PM J.Cochran Reg. Airp-Osborne Printed by Calendar Creator Plus on 7/28/2006 LA QUINTA CITY COUNCIL MONTHLY CALENDAR October 2006 Sunday Monday Tuesday Wednesday Thursclay t--niaj, o a LJ_ FA 'i 2 3 4 5 6 7 2:00 PM City Council 10:00 AM ALRC Meeting 8 9 10 11 12 13 14 10:00 AM Pub. Sfty-Kirk 7:00 PM Planning 9:00 AM RCTC- 9:30 AM Animal Campus- 12:00 PM Transp-Kirk Commission Henderson Henderson 6:00 PM League- 5:30 PM Investment 11:00 AM CVCC-Sniff Henderson Advisory Board 12:00 PM Energy/ 7:00 PM Community Environs Sniff Services Commission Columbus Day 15 16 17 18 19 20 21 2:00 PM City Council 3:00 PM Historic Preser- 9:00 AM CVA-Henderson Meeting vation Commission 22 23 24 25 26 27 28 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 :! !....... il.... !!li....,:. �l !r.!Ii!..:IiI.;I.I,I.I. !.!!.!:,{.. ,i!:i!:ii,iii!l .:ilI.I..Il.:I..:I...JI I,:.I..II!. !,:.:!,:.!l:,i :.•.::::.,I:I.I,.I:..II. 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Printed by Calendar Creator Plus on 7/26/2006 J , YMCA Award Recipients City Council Meeting - August 1, 2006 Recipient Names 1. Brandon Alexander 2. Thomas Alvarez 3. Imad Atik 4. Joseph "JoJo" Banks 5. Eduardo Barajas 6. Natalie Barajas 7. Ashley Bruhn 8. Juliann Carson 9. Oscar Castellanos 10. Kayla Castillo 11. Luis Chavez 12. Mackenzie Collier 13. Yasmine Cuevas 14. Anthony Curtis 15. Steve Davis 16. Chloe Deapen 17. Isaac Delafuente 18. Luis Diaz 19. Cheyenne Duke 20. Dominic Figueroa 21. Connor Forrest 22. Tomas Gastineau 23. Adriana Gonzalez 24. Isaac Gonzalez 25. Aaron Jimenez 26. Nia LaCoste 27. Natally Langarica 28. Aidan Lewis 29. Bianka Lomer 30. Mark London 31. Armando Luna 32. Ailani Navarro 33. Jacob Nunez 34. Anthony 011oque 35. Karyanne Orme 36. Isaac Rangel 37. Alyssa Raposo 38. Ruben Rodriguez YMCA Award Recipients City Council Meeting - August 1, 2006 Recipient Names 39. Alexis Romero 40. Porter Rue 41. Angel "Jose" Sanchez 42. Terah Sanchez 43. Nicholas Schwik 44. Angela Segovia 45. Layla Seltz 46. Pierce Sterling 47. Alyssa Valdez 48. Ashley Vega 49. Jaden Wetzel 50. Eeron "EJ" Wilson T4ht 4 u�(G�Gv COUNCIL/RDA MEETING DATE: August 1, 2006 AGENDA CATEGORY: ITEM TITLE: A Joint Public Hearing Between the City BUSINESS SESSION: Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 53-760 CONSENT CALENDAR: Avenida Vallejo By and Between the La Quinta STUDY SESSION: Redevelopment Agency and Deidre Moore PUBLIC HEARING: RECOMMENDATION: Approve the sale of 53-760 Avenida Vallejo to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $165,000. FISCAL IMPLICATIONS: The Agreement would result in the Agency receiving approximately $68,000 from sale proceeds. The Agency would also provide a $96,000 silent second trust deed loan to insure the dwelling is affordable to a very low-income household for 45 years. BACKGROUND AND OVERVIEW: In August, 1995, the Agency acquired 50 single-family homes located in the Cove to secure these units from bankruptcy proceedings filed by the then owner, Coachella Valley Land. Prior to the bankruptcy, the Agency invested $1.0 million to maintain the dwellings as very low-income rental units. Since then, the Agency has substantially rehabilitated these dwellings to correct deficiencies and improve their appearance. These costs have been funded from rental income. In February 1998, the Agency directed staff to sell two (2) units per year first to qualified tenants, and secondly, to other eligible very low-income households. The proposed sale is the 22nd unit to be sold; 12 of these units were sold to existing tenants and ten to non -tenant households. The proposed purchaser is an existing tenant who expressed an interest in purchasing the property, took the required actions to qualify for a first trust deed loan, and qualifies in the very low-income category. The sale transaction would be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed would cover the difference between the market sales price and an affordable first trust deed mortgage. If this sale is approved, the unit will be sold for the market value of $165,000, with the buyer funding a down payment of $6,400 and a private lender originating a $62,600 first trust deed mortgage (the maximum loan the homebuyer can obtain). The Agency would convert $96,000 of its equity in the property into a silent second trust deed loan (Attachment 1). This unit has been substantially rehabilitated and therefore, can be counted toward the Agency's inclusionary housing requirement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve an agreement to sell real property located at 53-760 Avenida Vallejo to Deidre Moore for a purchase price of $165,000; or 2. Do not approve an Agreement to sell real property located at 53-760 Avenida Vallejo to Deidre Moore for a purchase price of $165,000; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas Evans Community Development Director Approved for submission by: Thomas P. Genovese, City Council Attachment: 1 . Summary Report J �� ATTACHMENT #1 SUMMARY REPORT FOR THE PROPOSED RESIDENTIAL HOME SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND DEIDRE MOORE August 1, 2006 INTRODUCTION This document is the Summary Report ("Report") for the proposed Sale Agreement ("Agreement") between the La Quinta Redevelopment Agency ("Agency") and Deidre Moore ("Buyers"). The purpose of Agreement is to facilitate the sale by the Agency of a single-family dwelling to the Buyers. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: • A summary of the proposed transaction. • The cost of the sale 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 to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. • An explanation of why the sale, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The home is a vacant 3-bedroom 2-bath single-family dwelling located at 53-760 Avenida Vallejo within La Quinta Redevelopment Project Area No. 1 ("Property"). The Agency acquired the Property in 1995 to preserve single-family homes that were affordable to very -low income Section 8 households. These homes have been rented to said households since 1995. The Buyers are the current tenants of this home who expressed interest in purchasing it and subsequently qualified for a first trust deed loan. The Agency then elected to enter into the Agreement to facilitate this sale. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will accommodate the sale of the Property to the Buyers, who will continue to occupy the dwelling. The sales price of $165,000, which represents the fair market value, will be funded through a combination of the Buyers' down payment of $6,400, a first trust deed mortgage of $62,600, and the Agency's equity that will be converted into a silent second trust deed loan of $96,000. This second trust deed loan will include covenants to insure that the Property will remain affordable to very low income -households for 45 years. History of Property This Property is part of the Agency Rental Property Purchase Program. In May 1998, the Agency offered these properties first to the existing tenants for purchase and secondly to other qualified very low income households. The Buyers are the current tenants, who expressed an interest in purchasing the unit, and were recently approved by Total Financial Group for a mortgage up to the amount of $62,600. The Buyers qualify as a very low income household. The Cost of the Sale to the Agency To date the Agency has invested $127,750 in the Property through a combination of the initial purchase cost ($86,500) and expenses related to rehabilitating the dwelling ($41,250). Per the Agreement the Agency will sell the Property for $165,000; of this amount the Agency will receive $69,000 in sale proceeds and retain a silent second trust deed of $96,000 in order to insure that the annual costs are affordable to very low income households. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. Current residential property sales for like dwellings in the Cove market area indicate values of $310,000 to $325,000 for three bedroom, two bath single family dwellings in good condition. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold for $165,000. This value was selected in order to facilitate the sale at a cost affordable to a very low income household. P:\Reports - CC\2006\8-1-06\RDA House sale\Sum Rpt 53-760 Ave Vallejo.doc Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the' Elimination of Blight The Agreement does not eliminate blight in that it does not facilitate a transaction that remedies blight. Instead the Agreement expands that Agency's affordable housing efforts and increases the community's supply of affordable housing. Prior to the sale, the Agency substantially rehabilitated the Property extending the Property's economic life while improving its appearance. Thus, the transaction will insure the continued affordability of a substantially rehabilitated single-family dwelling to a very low income household. P:\Reports - CC\2006\8-1-06\RDA House sale\Sum Rpt 53-760 Ave Vallejo.doc c� 9ti5w OF n COUNCIL/RDA MEETING DATE: August 1, 2006 ITEM TITLE: Continued Joint Public Hearing Between the City Council and Redevelopment Agency to Consider an Affordable Housing Agreement Between the Redevelopment Agency and Southern California Housing Development Corporation (SCHDC) to Convey Certain Property Located at 78-990 Miles Avenue and SCHDC's Subsequent Ownership and Operation of an Affordable Rental Housing Development Consisting of 80 Dwelling Units Restricted for Rental to and Occupancy by Very Low -Income Family Households at a Rent Affordable to Such Households RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: -C ___ Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and the Southern California Housing Development Corporation. FISCAL IMPLICATIONS: The Agency will receive $13,994,301 from SCHDC for the purchase of the completed Vista Dunes Courtyard Homes development. These funds will offset Agency expenses as depicted in the following: • Property Acquisition $ 2,571,803 • Relocation 4,079,460 • Demolition 400,000 • Construction (includes contract services) 24,661,696 • Total Expenses (before transfer) 31,712,959 • Acquistion/ Transfer 988,728 • Total Expense (after transfer) 32,701687 • Less Purchase Price 13,994,301 • Net Agency Expense 18,707,386 r .4 Per the Agreement, SCHDC will pay the Agency $13,994,301 yielding a net Agency expense of $18,707,386. It is important to mention two additional sources of funds that will help in reducing the Agency's net expense. The first is an $11,745,571 RDA Loan (55 year @ 3%) that SCHDC will payback with a sharing of residual receipts. An analysis of long term projected cash flows indicates that there is a potential to receive $3,000,000 in payments prior to the 55 year maturity date. The second are solar energy credits of potentially $800,000 available through the local electric and gas utility providers. This would further reduce the net Agency expense from $18,707,386 to $14,907,386. BACKGROUND AND OVERVIEW: The La Quinta Redevelopment Agency purchased and vacated the Vista Dunes Mobile Home Park. Acquisition occurred in December 2003, and site relocation activities were completed by January 2006. In March 2006, the Agency Board approved a request for proposals seeking non-profit operators for the Vista Dunes Courtyard Homes. Five firms were contacted and only one firm, Southern California Housing Development Corporation (SCHDC), responded. The other firms were contacted to ascertain why they did not submit proposals; their responses were that they are too busy handling other affordable housing developments to take on this project. Since SCHDC was a qualified non-profit housing owner/operator, and since they have other local affordable housing complexes in Cathedral City and Indian Wells that are well run and maintained, staff recommended that the Agency proceed to structure an Affordable Housing Agreement with SCHDC for the sale and operation of the Vista Dunes Courtyard Homes. It is anticipated a copy of the Summary Report and the Agreement will be made available to the City Council on Monday. SCHDC proposes to use a combination of 9% tax credit financing anticipated to be in the amount of $12,677,149, a conventional 30 year mortgage secured from net operating income of $1,317,152 and a 55 year 3% RDA Loan of $1 1,745,571. The RDA Loan represents the balance of the unfunded development costs of the project. The repayment of the RDA loan will be made through a sharing (60% Agency/ 40% SCHDC) of residual receipts. The Agency has received bids for constructing the site and building improvements for Vista Dunes Courtyard Homes. The low bid for the construction of this project was $21,400,000 by Davis Reed Construction Inc. Provided that contracts are awarded and an Affordable Housing Agreement is approved, leasing and occupancy of this project is anticipated by December 2007. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and the Southern California Housing Development Corporation; 2. Do not approve the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and the Southern California Housing Development Corporation; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas . Evans Community Development Director Approved for submission by: G Thomas P. Genovese, City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PROPERTY LOCATED AT 78990 MILES AVENUE 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 Southern California Housing Development Corporation, a non-profit California corporation ("Developer"), pursuant to which (i) the Agency is to develop certain real property located within the Project Area at 78990 Miles Avenue ("Property") with an eighty (80) unit multifamily residential housing development (the "Housing Development") and subsequently transfer to Developer the Property and the Housing Development for Twenty -Five Million Seven Hundred Thirty -Nine Thousand Eight Hundred Seventy -Three Dollars ($25,739,873) (the "Purchase Price"); and (ii) Developer is to operate the Housing Development as an affordable housing development restricted for rental to and occupancy by persons and families of very low and extremely 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; and WHEREAS, the Purchase Price will be paid from the following sources: (i) approximately Twelve Million Six Hundred Seventy -Seven Thousand One Hundred Forty -Nine Dollars ($12,677,149) will be funded in the form of tax credits; (ii) approximately One Million Three Hundred Seventeen Thousand One Hundred Fifty -Two Dollars ($1,317,152) will be funded in the form of a conventional loan; and (iii) approximately Eleven Million Seven Hundred Forty -Five Thousand Five Hundred Seventy -One Dollars ($11,745,571) will be funded in the form of a loan from the Agency to the Developer ("Agency Loan"); and City Council Resolution No. 2006- SCHDC Affordable Housing Agreement Adopted: August 1, 2006 WHEREAS, pursuant to the Agreement, Developer, as a condition to Agency's sale of the Property and Housing Development and provision of the Agency Loan, 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 sets forth management and maintenance requirements for the Housing Development; and 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. 1, 0. -2- City Council Resolution No. 2006- SCHDC Affordable Housing Agreement Adopted: August 1, 2006 b. The Agency's sale of the real property identified herein will provide housing for very low and extremely 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. 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 1st day of August, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California v59 110 City Council Resolution No. 2006- SCHDC Affordable Housing Agreement Adopted: August 1, 2006 ATTEST: DEBORAH H. POWELL, Interim City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California G ~! 0 ME OFT9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TOM GENOVESE, CITY MANAGER40 FROM: DOUG EVANS, COMMUNITY DEVELOPMENT DIRECTOR CdZw DATE: AUGUST 1, 2006 SUBJECT: PUBLIC HEARING NO. 2 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION AFFORDABLE HOUSING AGREEMENT Attached please find the Affordable Housing Agreement and Summary Report for the above -noted Council report. Staff is requesting the Agreement be approved subject to final approval by the City Manager/Executive Director and City Attorney/Legal Council SUMMARY REPORT Affordable Housing Agreement By and Between the La Quinta Redevelopment Agency and Southern California Housing Development Corporation August 1, 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 Southern California Housing Development Corporation ("Developer"). The Agreement facilitates the sale and operation of an 80-unit multi- family residential complex ("Development"). The Agency is constructing the Development on 9.7 acres located on Miles Avenue, west of Adams Street, in north La Quinta ("Site"), as depicted on Attachment 1 to this Report. The Site is located in the La Quinta Redevelopment Project Area No. 2 ("Project Area"). The Agreement provides that the Agency will sell the Development to the Developer, and that during the subsequent 55 year period the Developer will be required to lease 79 of the dwellings to very low income households, and one of the dwelling units to a moderate income household, at rents affordable to such 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 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 ensure 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, 40% must be affordable to very 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. Project Description The Agency purchased the Site in May, 2004. It was improved with a 91-unit mobile home park known as the Vista Dunes Mobile Home Park. Ninety-one households occupied travel trailers or mobile homes ranging in age from 12 to 45 years old. During an 18 month period the Agency facilitated the relocation of all 91 households, and cleared the Site of the mobile home units and associated infrastructure. The Development will consist of 80 one-story one, two and three -bedroom rental dwellings ranging from 900 square feet to 1,125 square feet in size. One of the units will be reserved for an onsite property manager. Each unit will have assigned parking spaces within carports, rear or side yards, and individual storage and trash enclosures. To create a pedestrian friendly environment and a strong sense of community, the Development will be gated and common spaces, porches, and the dwellings will overlook a paseo system. Residents will enjoy amenities such as a swimming pool, community center, onsite basketball court, and grass play areas. Studio E Architects and Nestor+Gaffney Architecture teamed to craft a design that caters to family households. The site and home design integrates the desirable fundamentals of safety, functionality, and durability in harmony with the surrounding neighborhood. As the result of the sometimes harsh desert climate, the architecture incorporates energy efficient design to minimize energy consumption during hot months. The architecture also includes photo voltaic solar panels to supplement each unit's electrical usage. Affordable Housing Mix The Agency pursued the Development to replace a dilapidated mobile home park with new dwellings that will be leased to very low income households for 55 years. Seventy-nine of the 80 units will be affordable to very low income households, and the onsite management unit will be affordable to a moderate income household. Very low income households are those that make 50% or less than the Riverside County median income, and moderate households are those that make less than 120% of the County median income. The 2006 household income limits for Riverside County are depicted in Exhibit 1. INCOME LIMITS EXHIBIT 1 Income Limits (Maximum) Household Size Ve Low Moderate 1 Person $20,150 $48,300 2 Person $23,000 $55,200 3 Person $25,900 $62,100 4 Person $28,750 $69,000 5 Person $31,050 $74,500 6 Person $33,350 $80,000 7/'1Y MnnC 7 THE COST OF THE AGREEMENT TO THE AGENCY The total cost of the Agreement to the Agency is estimated to be $38,399,758; this cost includes the interest expense the Agency will incur on the 2004 Housing Bond proceeds that were used to underwrite acquisition, relocation and construction costs. To date, the Agency has expended $7,051,263 to acquire the Vista Dunes Mobile Home Park, relocate the Park residents, and demolish all improvements. The Agency anticipates expending an additional $24,661,696 (includes contract services) to construct the 80 courtyard homes with associated site improvements and $988,728 of acquisition transfer fees. Per the Agreement, the Developer plans to raise $13,994,301 in a combination of 9% tax credit equity, and a conventional mortgage loan to acquire the Development from the Agency. The Developer will be securing the 9% tax credit financing once construction costs are known. Specific expenditures are as follows: • Property Acquisition $ 2,571,803 • Relocation 4,079,460 • Demolition 400,000 • Construction (includes contract services) 24,661,696 • Acquisition Transfer (after SCHDC's financing) 988,728 • Bond Interest Expense 19,692,372 These expenditures total $52,394,059. Per the Agreement, the Developer will pay the Agency $13,994,301 for the completed Development through a combination of 9% tax credit financing anticipated to be in the amount of $12,677,149 plus a permanent 30 year mortgage secured from net operating income of $1,317,152 (the permanent loan proceeds are limited because the rents for 79 of the 80 units will be restricted to rents affordable to very low income households). The net cost to the Agency is estimated to be $38,399,758. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The estimated value of the interest to be conveyed entails the value of the 9.7 acre cleared site, based upon current market values for multifamily residential property, and the cost to construct the 80 rental homes and associated site improvements. The land value is estimated at $6,760,512; review of current market values for multi -family residential properties indicate a per square foot value of $16.00 or $696,960 per acre. The construction costs are estimated to be $24,015,000. The combined estimated land and construction value of the interest to be conveyed is $30,775,512. 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 will require that the Development be rented, at affordable housing costs, to very low-income households. In order to be affordable to very low-income households (ranging from one person to four persons in size), the total monthly rent and utility costs shall not exceed $539.00 for the one bedroom dwellings to $748.00 for the three bedroom dwellings. Based upon limiting rents to those affordable to very low-income households, the net rental income (gross rents less operating expenses) can support a permanent mortgage of $1 ,31 7,152. Based upon this permanent mortgage amount plus a typical 70% loan to value ratio, the estimated value of the interest to be conveyed is $1,881,646 ($1,317,152 mortgage plus $564,494 of equity). The Developer, however, is proposing to secure 9% tax credit funding (in addition to the permanent mortgage) wherein investors provide equity to underwrite affordable housing development by purchasing tax credits that reduce their federal and state income tax expenses. The Developer anticipates securing $12,677,149 in tax credit funding when combined with the permanent mortgage would generate $13,994,301 in funding to purchase the Development from the Agency. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT In preparation for the conveyance of this property and construction of the Development, a run-down 91-unit mobile home park with failing infrastructure, inadequate parking, deteriorating coaches and non -permitted hazardous additions had to be demolished. The Agency has cleared the site, facilitated the relocation of all 91 households and is preparing for the construction of the new affordable housing project. These actions address the following blighting condition within the Project Area: ■ Increasing and Improving the Supply of Affordable Housing. The Development will provide housing that is affordable to very low- and moderate -income housing. ■ Unsafe/Dilapidated/Deteriorated Buildings. Buildings in which it is unsafe or unhealthy for persons to live or work and are characterized by serious Building Code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. ■ Physical Conditions that Limit the Economic Viability and Use of Lots/Buildings. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots which include substandard building design, inadequate parcel size given current development standards and market conditions, and lack of parking. ■ Inadequate Public Infrastructure/Facilities. Inadequate public improvements, parking facilities, open space, or utilities. ■ Residential Overcrowd inq/Excess Bars, Liquor Stores, Adult Businesses. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults that has led to problems of public safety and welfare. This Development contemplated by this Agreement was identified in the Agency's Third Implementation Plan adopted in June 2005. (3 7/R 4 II)nnG A A copy of the proposed Agreement is attached to this Report or available for review at the City Hall. The proposed Agreement will be the subject of a joint public hearing of the Agency and the La Quinta City Council on August 1, 2006 at 7:00 PM or thereafter in the City Council Chambers located at 78-495 Calle Tampico, La Quinta, California. Attachment: 1. Site location -7/Q 4 InnnI2 C AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION 882/015610-0047 715762.03 a07/31/06 TABLE OF CONTENTS Page I. [100] SUBJECT OF AGREEMENT...............................................................................1 A. [101] Purpose of Agreement................................................................................1 B. [102] The Redevelopment Plan ........................................................................... I C. [103] The Project Area.........................................................................................2 D. [104] The Site...................................................................................................... 2 E. [105] Parties to the Agreement............................................................................2 1. [106] The Agency.................................................................................... 2 2. [107] SCHDC...........................................................................................2 F. [108] Definitions.................................................................................................. 3 1. [ 109] Prohibition Against Change in Ownership, Management and Control of SCHDC and Prohibition Against Transfer of the Site........................................................................................................7 .... G. [110] Representations by SCHDC....................................................................... 8 H. [ 111 ] Representations by the Agency.................................................................. 9 II. [200] SALE OF PROJECT............................................................................................ I I A. [201 ] Purchase Price..........................................................................................12 B. [202] Deposit.....................................................................................................12 C. [203] Payment of Closing Portion of the Purchase Price..................................13 D. [204] Tax Credits; Tax Credit Regulatory Agreement......................................13 E. 205 Evidence of Financing ...................15 F. [206] Acquisition of the Site Pursuant to Grant Deed.......................................16 G. [207] Escrow......................................................................................................16 H. [208] Conveyance of Title and Delivery of Possession.....................................17 I. [209] Conditions to Close of Escrow.................................................................18 1. [210] Agency's Conditions to Closing..................................................18 2. [211] SCHDC's Conditions to Closing..................................................18 3. [212] Waiver..........................................................................................19 4. [213] Failure of Conditions Precedent; Termination .............................19 J. [214] Condition of Title..................................................................................... 20 K. [215] Title Insurance..........................................................................................21 L. [216] Taxes and Assessments............................................................................ 21 M. [217] Conveyance Free of Possession............................................................... 21 N. [218] Document Review; Inspections; Condition of Project .............................22 1. [219] Document Review........................................................................22 2. [220] Inspections....................................................................................22 3. [221 ] "As Is............................................................................................ 23 4. [222] Indemnity.....................................................................................23 5. [223] Release and Waiver......................................................................23 6. [224] Definitions....................................................................................24 7. [225] Materiality....................................................................................24 III. [300] DEVELOPMENT OF THE SITE........................................................................25 882/015610-0047 715762.03 a07/31/06 -1- C 1' 3 Page IV. [400] USE OF THE PROJECT......................................................................................25 A. [401] Affordable Housing..................................................................................25 B. [402] Uses In Accordance with Redevelopment Plan; Nondiscrimination............................................................................................... 26 C. [403] Indemnity; Insurance Requirements.........................................................27 D. [404] Local, State and Federal Laws.................................................................29 E. [405] Taxes and Assessments............................................................................29 F. [406] Limitation on Encumbrances................................:..................................29 G. [407] Maintenance of the Project.......................................................................29 H. [408] Effect of Violation of the Terms and Provisions of this Agreement.......................................................................................................... 30 V. [500] DEFAULTS AND REMEDIES...........................................................................30 C. [501] Defaults -- General...................................................................................30 D. [502] Legal Actions...........................................................................................30 1. [503] Specific Performance...................................................................30 2. [504] Institution of Legal Actions; Attorney's Fees .............................. 31 3. [505] Applicable Law............................................................................ 31 4. [506] Acceptance of Service of Process ................................................ 31 E. [507] Rights and Remedies Are Cumulative..................................................... 31 F. [508] Inaction Not a Waiver of Default.............................................................31 G. [509] Termination..............................................................................................31 1. [510] Termination by SCHDC...............................................................31 2. [511] Termination by the Agency..........................................................32 VI. [600] GENERAL PROVISIONS...................................................................................32 A. [601] Notices, Demands and Communications Between Parties.......................32 B. [602] Conflicts of Interest..................................................................................33 C. [603] Enforced Delay; Extension of Times of Performance .............................33 D. [604] Non -Liability of Officials and Employees of the Agency ....................... 34 E. [605] Interpretation; Entire Agreement, Waivers; Attachments ........................34 F. [606] Time of Essence.......................................................................................34 G. [607] No Brokers...............................................................................................34 H. [608] Maintenance of Books and Records.........................................................34 I. [609] Right to Inspect........................................................................................ 34 J. [610] Binding Effect of Agreement................................................................... 35 K. [611] Severability...............................................................................................35 L. [612] Counterparts............................................................................................. 35 M. [613] Amendments to this Agreement...............................................................35 882/015610-0047 715762.03 a07/31/06 -11- Page ATTACHMENTS 1 Site Map 2 Legal Description 3 Schedule of Performance 4 Grant Deed 5 Agency Note 6 Agency Deed of Trust 7 Agency Regulatory Agreement 8 Project Proforma 9 Bill of Sale 10 Assignment and Release 11 Memorandum of Affordable Housing Agreement 882/015610-0047 715762.03 a07/31/06 -111- 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 THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California non- profit public benefit corporation ("SCHDC"). The Agency and SCHDC (collectively referred to as the "Parties") hereby agree as follows: I. 11001 SUBJECT OF AGREEMENT A. I1011 Purpose of Agreement 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 (i) the improvement by the Agency of certain property situated within the Project Area and referred to herein as the "Site" (as hereinafter defined) with a multi -family housing development, consisting of not less than eighty (80) residential dwelling units (the "Housing Development"); (ii) the conveyance of the Site and Housing Development to SCHDC; and (iii) SCHDC's ownership, operation and management of the Site and Housing Development as an affordable rental housing development restricted for rental and occupancy by Eligible Tenants at an Affordable Rent. As used herein, the term "Unit" refers to each of the 80 rental dwelling units comprising the Housing Development, and the term "Units" refers to all of the 80 rental dwelling units comprising the Housing Development. 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 SCHDC of the Site and the Housing Development and the occupancy of the Housing Development by 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. j1021 The Redevelopment Plan 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 G6( 882/015610-0047 715762.03 a07/31/06 -1 _ otherwise changes the restrictions or controls that apply to the Site, or otherwise affects SCHDC's obligations or rights with respect to the Site, shall not apply to the Site without the written consent of SCHDC. Amendments to the Redevelopment Plan applying to other property in the Project Area shall not require the consent of SCHDC. C. F1031 The Project 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. R041 The Site The "Site" is currently owned by the Agency and consists of approximately 9.7 acres of that certain real property located at 78990 Miles Avenue 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. E. j1051 Parties to the Agreement 1. (1061 The Agency 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 SCHDC. "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. 2. [1071 SCHDC "SCHDC" is The Southern California Housing Development Corporation, a California non-profit public benefit corporation. The principal office and mailing address of SCHDC for purposes of this Agreement is 9065 Haven Avenue, Suite 100, Rancho Cucamonga, CA 91730, Attn: Executive Director. By executing this Agreement, each person signing on behalf of SCHDC warrants and represents to the Agency that SCHDC has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon SCHDC have been obtained, and that the person or persons executing this Agreement on behalf of SCHDC are fully authorized to do so. Whenever the term "SCHDC" is used in this Agreement, such term shall include any and all nominees, assignees, or successors in interest as herein provided. r 882/015610-0047 715762.03 a07/31/06 -2- F. j 1081 Definitions. "45% Very Low Income Household" shall mean a household whose annual income does not exceed forty-five percent (45%) of AMI adjusted for family size. "Affiliate" shall mean any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with SCHDC which, if SCHDC is a partnership . or limited liability company, shall include each of the constituent members or partners, respectively thereof. The term "control" as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of more than fifty percent (50%) of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person. "Affordable Rent" shall mean the amount of monthly rent, including a reasonable utility allowance, that does not exceed the maximum allowable rent to be charged by SCHDC and paid by Eligible Tenants occupying the Units as determined pursuant to 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. "Agency Deed of Trust" shall mean that certain Deed of Trust With Assignment of Rents substantially in the form attached hereto and incorporated herein as Attachment No. 6, which secures the Agency Note and SCHDC's performance of its obligations under the Agency Regulatory Agreement. The Agency Deed of Trust shall be recorded against the Site at the Closing. "Agency Note" shall mean that certain Promissory Note substantially in the form attached hereto and incorporated herein as Attachment No. 5. The Agency Note sets forth SCHDC's obligation to pay Agency the Residential Receipts Portion of the Purchase Price from SCHDC's residual receipts from operating the Project. "Agency Regulatory Agreement" shall mean that certain Regulatory Agreement and Declaration of Covenants and Restrictions substantially in the form attached hereto and incorporated herein as Attachment No. 7. The Agency Regulatory Agreement sets forth SCHDC's obligations concerning the ownership, operation, and management of the Project. The Agency Regulatory Agreement shall be recorded against the Site at the Closing. "Agency Title Policy" shall have the meaning ascribed in Section 215 hereof. "Agency's Conditions to Closing" shall have the meaning ascribed in Section 210 hereof. "AMI" shall mean the median family income 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. 882/015610-0047 715762.03 a07/31/06 -3- If HCD ceases annually to publish median incomes, the parties will agree upon an adequate substitute manner for determining Area -Wide Median Income. "Annual Financial Statement" shall mean the financial statements prepared by SCHDC 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. "Assignment" shall mean a general assignment of Agency's entitlements and approvals substantially in the form attached hereto and incorporated herein as Attachment No. 10. "Bill of Sale" shall mean a bill of sale substantially in the form attached hereto and incorporated herein as Attachment No. 9. "CEQA" shall mean the California Environmental Quality Act, Public Resources Code Section 21000 et seq., 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 207.3 hereof. "Closing" or "Closing Date" shall have the meaning ascribed in Section 207.3 hereof. "Closing Portion of Purchase Price" shall have the meaning ascribed in Section 207.2 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. "Deposit" shall have the meaning ascribed in Section 202 hereof. "Developer" shall have the meaning ascribed in Section 300 hereof. "Effective Date" shall mean the later of the dates this Agreement is executed on behalf of Agency and SCHDC. "Eligible Tenant" shall mean a household which qualifies as a "very low income household," an "extremely low income household" (as those terms are described in California Health and Safety Code Sections 50105 and 50106), or a 45% 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. 882/015610-0047 715762.03 a07/31/06 -4 "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 224 hereof. "Housing Development" shall have the meaning ascribed in Section 101 hereof. "Initial Tax Credit Application" shall have the meaning ascribed in Section 204 hereof. "Institutional Lender" shall mean any of the following institutions having assets or deposits in the aggregate of not less than One Hundred Million Dollars ($100,000,000): a California chartered bank; a bank created and operated under and pursuant to the laws of the United States of America; an "incorporated admitted insurer" (as that term is used in Section 1100.1 of the California Insurance Code); a "foreign (other state) bank" (as that term is defined in Section 1700(1) of the California Financial Code); a federal savings and loan association (Cal. Fin. Code Section 8600); a commercial finance lender (within the meaning of Section 2600 et seq. of the California Financial Code); a "foreign (other nation) bank" provided it is licensed to maintain an office in California, is licensed or otherwise authorized by another state to maintain an agency or branch office in that state, or maintains a federal agency or federal branch in any state (Section 1716 of the California Financial Code); a bank holding company or a subsidiary of a bank holding company which is not a bank (Section 3707 of the California Financial Code); a trust company, savings and loan association, insurance company, investment banker; college or university; pension or retirement fund or system, either governmental or private, or any pension or retirement fund or system of which any of the foregoing shall be trustee, provided the same be organized under the laws of the United States or of any state thereof, and a Real Estate Investment Trust, as defined in Section 856 of the Internal Revenue Code of 1986, as amended, provided such trust is listed on either the American Stock Exchange or the New York Stock Exchange. "Management Unit" shall mean the one (1) unit in the Housing Development that may be occupied by on -site management. "Memorandum" shall mean the Memorandum of Affordable Housing Agreement substantially in the form attached hereto and incorporated herein as Attachment No. 11. "Moderate Income Household" shall have the meaning as set forth in Health and Safety Code Section 50093, or any successor statute. "Outside Closing Date" shall mean , 2008. T ". ►1. j 882/015610-0047 715762.03 a07/31/06 -5- "Project" shall have the meaning ascribed in Section 200 hereof. "Project Proforma" shall mean the financial information referred to in Section 205 of this Agreement and attached hereto and incorporated herein as Attachment No. 8 and is SCHDC's best estimate of the costs of ongoing operations based on the information available to SCHDC 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. 8. "Property Documents" shall have the meaning ascribed in Section 219 hereof. "Purchase Price" shall have the meaning ascribed in Section 201 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 States 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 costs in return for an interest in the owner of the Project and the right to receive Tax Credits. "Residual Receipts Portion of the Purchase Price" shall have the meaning ascribed in Section 201 hereof. 211 hereof. "SCHDC's Conditions to Closing" shall have the meaning ascribed in Section "SCHDC Title Policy" shall have the meaning ascribed in Section 215 hereof. "Schedule of Performance" shall mean that certain Schedule attached hereto and incorporated herein as Attachment No. 3. "Second Tax Credit Application" shall have the meaning ascribed in Section 204 hereof. "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. C .13 882/015610-0047 715762.03 a07/31/06 -6- "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 nine percent (9%) Tax Credits. hereof. "TCAC" shall mean the California Tax Credit Allocation Committee. "Third Tax Credit Application" shall have the meaning ascribed in Section 204 "Title Company" shall mean Chicago Title Company. "Unit" and "Units" shall have the meaning ascribed in Section 101 hereof. 1. [ 1091 Prohibition Against Change in Ownership, Management and Control of SCHDC and Prohibition Against Transfer of the Site The qualifications and identity of SCHDC are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with SCHDC. Consequently, no person, whether a voluntary or involuntary successor of SCHDC, shall acquire any rights or powers under this Agreement nor shall SCHDC assign all or any part of this Agreement, the Project, 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 SCHDC 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, SCHDC 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 the Project, 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 the Project, 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, where the granting of such easements permits or facilitates the operation 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 SCHDC 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 SCHDC or an Affiliate of SCHDC which is also a non-profit public benefit 882/015610-0047 �w 715762.03 a07/31/06 —7_ v 17 corporation is the general partner (a "Limited Partnership"); (d) the leasing of individual rental Units within the Housing Development provided that such leasing is in accordance with the terms of this Agreement; (e) transfers resulting from the death or mental or physical incapacity of an individual; (f) transfers in trust for the benefit of a spouse, children, grandchildren, or other family member, or for charitable purposes; (g) transfers of stock in a publicly -held corporation or of the beneficial interest in any publicly -held partnership or real estate investment trust; (h) the admission of the Qualified Tax Credit Investor to SCHDC; (i) a transfer by the Qualified Tax Credit Investor to an entity that has the same general partner or managing member as the Qualified Tax Credit Investor; O) the removal by the Qualified Tax Credit Investor of the general partner of SCHDC for a default under the partnership agreement for the Limited Partnership, provided the replacement general partner is reasonably satisfactory to Agency; (k) a sale by the Qualified Tax Credit Investor of credits in syndication; (1) the encumbrance of the limited partner interest by the Qualified Tax Credit Investor as collateral to finance its capital contribution to the Limited Partnership; or (m) the exercise by the general partner of SCHDC of any option to purchase or right of first refusal to purchase the Limited Partnership or all of the limited partner's interest in the Limited Partnership at the conclusion of the tax credit period.. Notwithstanding anything in this Section 109 to the contrary, in the absence of specific written agreement by Agency, no transfer or assignment by SCHDC or any successor in interest to SCHDC, whether or not requiring the approval by Agency, 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. G. f 1101 Representations by SCHDC SCHDC represents and warrants to the Agency as follows: 1. SCHDC 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 SCHDC in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. This Agreement is enforceable against SCHDC in accordance with its terms. 2. SCHDC does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of SCHDC to carry out its obligations hereunder. 3. There are no pending or, so far as is known to SCHDC, threatened, legal proceedings to which SCHDC 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 SCHDC to carry out its obligations hereunder. G13 882/015610-0047 715762.03 a07/31/06 -g- 4. There is no action or proceeding pending or, to SCHDC's best knowledge, threatened, looking toward the dissolution or liquidation of SCHDC and there is no action or proceeding pending or, to SCHDC's best knowledge, threatened by or against SCHDC which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of SCHDC to carry out its obligations hereunder. 5. The execution and delivery of this Agreement and all other documents to be executed by SCHDC 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 SCHDC is bound. 6. The execution and delivery of this Agreement and all other documents to be executed by SCHDC 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 SCHDC. 7. No representation, warranty, or covenant of SCHDC 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 SCHDC, 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. SCHDC shall notify Agency in writing of any material changes to such information delivered to the Agency. 9. SCHDC has, and will as required by its obligations hereunder, dedicate, allocate and otherwise make available, sufficient financial and other resources to perform 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. SCHDC 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. H. f 1111 Representations by the Agency The Agency represents and warrants to SCHDC 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 Project as provided herein and the execution, performance, and delivery of this Agreement by Agency has been fully authorized 882/015610-0047 715762.03 a07/31/06 -9- 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. 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. 5. 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. 6. 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 SCHDC 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. n 882/015610-0047 715762.03 a07/31 /06 -10- Each of the foregoing items 1 to 10, inclusive, shall be deemed to be an ongoing representation and warranty and shall survive the close of escrow for the Site. The Agency shall advise SCHDC in writing if there is any change material pertaining to any matters set forth or referenced in the foregoing items 1 to 10, inclusive. As used in this Section 111, 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. II. 12001 SALE OF PROJECT Pursuant to the terms set forth herein, Agency shall sell to SCHDC and SCHDC shall purchase from Agency the Project. As used herein, the term "Project" shall mean and refer to all of the following: (a) The Site; (b) The Housing Development to be constructed by Agency on the Site, including all appurtenant structures and facilities; (c) All personal property belonging to Agency and located upon the Site; and (d) All appurtenances, rights (including reversionary rights), easements and privileges belonging to or running with the Site, including, without limitation, all of Agency's right, title and interest in and to any and all land lying in the bed of any street, road, cul-de-sac, alley or accessway, open or closed, existing, vacated or proposed, adjoining, adjacent to, or contiguous with the Site, and all water rights and other entitlements which Agency may own in conjunction with Agency's ownership of the Site, including all fixtures, trade fixtures, as well as the following items, if any, owned and/or leased by Agency and presently located in, on or upon the Site: electrical distribution systems (power panels, buss ducting, conduits, disconnects, lighting fixtures), telephone distribution systems, and wall coverings. In connection with Agency's sale to SCHDC of the Project, Agency shall, at the Closing, assign and be deemed to assign to SCHDC all of Agency's right, title, and interest in and to all entitlements, approvals, plans, specifications, contracts and agreements including, but not limited to, those between Agency and its contractors, subcontractors, engineers, architects and other consultants relating to the Site or the Housing Development, subject to any limitations which may be imposed by law or under any agreements with any governmental agency or authority or such contractors, subcontractors, engineers, architects and consultants, together with, on a non- exclusive basis, all of Agency's right, claims, actions, or causes of action against any of Agency's contractors, subcontractors, .engineers, architects or other consultants relating to the preparation or production of such plans, specifications and other documents or to the construction of the Housing Development or based in any way, on any work performed on or to the Site, including, without limitation, any and all warranties and guarantees with respect to the development of the Housing Development on the Site, including, without limitation, grading work performed in connection therewith, including all statutory, express or implied warranties and all rights of Agency as an additional insured or otherwise pertaining to insurance coverage maintained by or for the Agency prior to the Closing and covering the Site. In furtherance of the C�� 882/015610-0047 715762.03 a07/31/06 foregoing, the Agency shall deliver to SCHDC an executed general assignment in the form and content attached hereto as Attachment No. 10. A. j2011 Purchase Price. SCHDC shall pay to Agency the total of Twenty -Five Million Seven Hundred Thirty - Nine Thousand Eight Hundred Seventy -Three Dollars ($25,739,873) for the Project (the "Purchase Price"), which SCHDC shall fund in the following manner: (i) SCHDC shall obtain a conventional loan from an Institutional Lender in the amount of One Million Three Hundred Seventeen Thousand One Hundred Fifty -Two Dollars ($1,317,152) (the "Conventional Loan"). (ii) SCHDC shall obtain a reservation of Tax Credits in the amount of Twelve Million Six Hundred Seventy -Seven Thousand One Hundred Forty -Nine Dollars ($12,677,149). (iii) SCHDC shall pay to Agency the remaining portions of the Purchase Price (i.e., the Purchase Price less the sum of the Conventional Loan and the Tax Credits for the Project), in the amount of Eleven Million Seven Hundred Forty -Five Thousand Five Hundred Seventy -One Dollars ($11,745,571) (the "Residual Receipts Portion of the Purchase Price"), pursuant to the terms of the Agency Note. Notwithstanding the foregoing, the Executive Director shall have the authority, in his or her sole and absolute discretion, to accept payment of the Purchase Price in a manner that provides for funding from the foregoing sources in different amounts as those set forth above, provided that the total amount of the Purchase Price does not vary. In such event, the Agency shall modify the Agency Note to reflect the revised amount. B. (2021 Deposit. SCHDC shall deposit with Escrow Agent concurrently with the opening of Escrow the amount of Fifty Thousand Dollars ($50,000) (the "Deposit"). Escrow Agent shall place the Deposit in the highest interest -bearing account permitting immediate withdrawal without penalty in any federally or state chartered bank or financial institution generally used by Escrow Agent. If the Deposit is returned to SCHDC pursuant to the terms hereof, interest earned on the Deposit shall be paid to SCHDC at the time the Deposit is returned to SCHDC. If the sale is consummated and the Escrow closes, interest earned on the Deposit shall be applied to SCHDC's obligation to pay the Purchase Price. If this Agreement has not been terminated by SCHDC or Agency pursuant to the provisions hereof, a portion of the Deposit, in the amount of Twenty -Five Thousand Dollars ($25,000) (the "Release Amount"), shall become non-refundable and released by Escrow Agent to Agency on the date that is sixty (60) days after the Effective Date; provided, however, that in the event this Agreement is subsequently terminated as a result of an Agency default, the Deposit, including the Release Amount, shall be returned to SCHDC. Unless excused due to 882/015610-0047 715762.03 a07/31/06 -12- Agency's default or failure to perform hereunder, in the event SCHDC defaults or fails to perform its obligations under this Agreement Agency shall be entitled to terminate this Agreement by written notice to SCHDC and to Escrow Agent and to receive and retain the Deposit, including the Release Amount, if such amount has been released to Agency, together with all interest thereon. In the event this Agreement is terminated by either Party by reason other than a default by the other Party, Escrow Agent shall return to SCHDC the Deposit, less the Release Amount, if such amount has been released to Agency. In the event this Agreement has not been terminated and the Escrow closes as contemplated hereunder, the Deposit shall be applied towards the Purchase Price. C. j2031 Payment of Closing Portion of the Purchase Price. Prior to the Closing Date, and as one of Agency's Conditions to Closing, SCHDC shall deposit with Escrow Holder the Closing Portion of the Purchase Price. D. j2041 Tax Credits; Tax Credit RegulatoryAgreement. SCHDC shall submit an application to TCAC for competitive nine percent (9%) tax credits as may be necessary to secure reservation of nine percent (9%) Tax Credits for the Project on or before February 28, 2007 (the "Initial Tax Credit Application"), in the amount of Twelve Million Six Hundred Seventy -Seven Thousand One Hundred Forty -Nine Dollars ($12,677,149). SCHDC'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 and by SCHDC. In the event that Tax Credits are not awarded through the Initial Tax Credit Application, SCHDC shall submit a second application for competitive federal nine percent (%) Tax Credits on or before July 31, 2007 (the "Second Tax Credit Application"). In the event that SCHDC elects to submit the Second Tax Credit Application and Tax Credits are not awarded through the Second Tax Credit Application, SCHDC shall submit a third application to TCAC for competitive federal nine percent (9%) Tax Credits on or before February 28, 2008 (the "Third Tax Credit Application"). SCHDC agrees to perform all of SCHDC's obligations under this Agreement and the Tax Credit Regulatory Agreement. In the event Agency is prevented by a final, non -appealable order of a court of competent jurisdiction in a lawsuit involving the Project, or by an applicable and binding published appellate opinion, or by a final, non -appealable order of a regulatory body having jurisdiction, from enforcing, for any reason, the affordability restrictions set forth in this Agreement, then in such event Agency shall be a third -party beneficiary under the Tax Credit Regulatory Agreement and shall have full authority to enforce any breach or default by SCHDC under the Tax Credit Regulatory Agreement in the same manner as though it were a breach or default hereunder. Without Agency's prior written consent, which consent may be withheld in Agency's sole and absolute discretion, SCHDC shall not consent to any amendment of or modification to the Tax Credit Regulatory Agreement which (i) shortens the term of the affordability restrictions on the Units in the Project to a term of less than fifty-five (55) years from the Effective Date of the Agency Regulatory Agreement or (ii) releases SCHDC from the requirement that the Units be rented to Eligible Tenants in accordance with the Restricted Unit Matrix attached to the Agency Regulatory Agreement. 6;-3 882/015610-0047 715762.03 a07/31/06 -13- Notwithstanding anything contained in this Agreement to the contrary, if and when the Site is subject to the requirements of the Tax Credit Program and there is a conflict between the requirements of the Tax Credit Program and the provisions set forth in this Agreement, then the provisions of the Tax Credit Program shall prevail. That notwithstanding, the fact that this Agreement and the Tax Credit Program provide for greater, lesser or different obligations or requirements shall not be deemed a conflict unless the applicable provisions are inconsistent and could not be simultaneously enforced or performed. Agency shall have no responsibilities with respect to SCHDC'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 SCHDC'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 SCHDC's Evidence of Financing, insuring the continued affordability and maintenance of the Units, and obtaining payments due under the Agency Note), SCHDC agrees to promptly submit to Agency all of the following documents at such time as the same are submitted by SCHDC to the TCAC or other applicable body or when such documents are received by SCHDC, as applicable (any documents submitted prior to the Effective Date of this Agreement shall also have been submitted by SCHDC to Agency and reviewed by Agency prior to the Effective Date of this Agreement): i) Complete copies of SCHDC'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 SCHDC notifying SCHDC 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 SCHDC (4 California Administrative Code § 10340(c)). (As more fully discussed in Section 3.11 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 SCHDC thereunder in the same manner as though it were a breach or default under this Agreement.) Within the time set forth in the Schedule of Performance, SCHDC shall provide to Agency evidence reasonably satisfactory to Agency that SCHDC has a relationship with one or more Institutional Lenders and has the ability to obtain the Convention Loan within the time required hereunder. iv) Complete copies of all progress reports submitted by SCHDC 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 SCHDC to the 882/015.610-0047 )G' V i„ ` 715762.03 a07/31/06 -14- 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 Tax Credit Program. In addition to the foregoing sources of funding for the Project, SCHDC shall diligently seek other sources of funding that are or may be available to help fund its purchase/acquisition of the Project. E. [2051 Evidence of Financing The financial projections for the Project are set forth in the Project Pro Forma (Attachment No. 8). Within the time set forth in the Schedule of Performance, SCHDC shall provide to Agency evidence reasonably satisfactory to Agency that SCHDC has a relationship with one or more Institutional Lenders and has the ability to obtain the Conventional Loan within the time required hereunder. Within the time set forth in the Schedule of Performance, and as a condition precedent. to Agency's obligation to transfer the Project to SCHDC, SCHDC shall submit to the Executive Director evidence reasonably satisfactory to the Executive Director that SCHDC has, or will have, prior to the Close of Escrow, the financial capability necessary to acquire and operate 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 an Institutional Lender to make the Conventional Loan that is subject only to the usual and customary conditions of the lender of the Convention Loan for similar loans, and provided such conditions have been approved by Agency, with such approval not to be unreasonably withheld, conditioned, or delayed. 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. A copy of SCHDC's most recently prepared Annual Financial Statement, and a copy of SCHDC'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 principles consistently applied. The Executive Director shall complete his or her review of and approve or disapprove SCHDC's Evidence of Financing within the time set forth in Schedule of Performance. If the Executive Director shall disapprove such Evidence of Financing, he or she shall do so by written notice to SCHDC stating the reasons for such disapproval. In such event, SCHDC shall promptly resubmit its Evidence of Financing not less than thirty (30) days after receipt of the �r 882/015610-0047 _15_ 715762.03 a07/31/06 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 Schedule of Performance shall be extended accordingly. F. 12061 Acquisition of the Site Pursuant to Grant Deed. SCHDC 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. 4 ("Grant Deed"). G. j2071 Escrow 1. Opening of Escrow. Agency and SCHDC agree to open an escrow (the "Escrow") with Chicago Title (the "Escrow Agent"), by the time established therefor in Schedule of Performance. This Agreement constitutes Agency's and SCHDC's escrow instructions for the Agency's sale and SCHDC's purchase of the Project 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 SCHDC, shall carry out its duties as Escrow Agent hereunder. In the event of any conflict or inconsistency between any additional escrow instructions required by the Escrow Agent and the provisions of this Agreement, as between the parties hereto, 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 SCHDC. 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 SCHDC 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 Agency and SCHDC. 2. Deposits Into Escrow. Agency and SCHDC 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 Scheduled date for the Closing: a. SCHDC shall deposit the "Closing Portion of the Purchase Price," which, for purposes of this Agreement, shall be the Purchase Price less the sum of (i) the Deposit; and (ii) the Residual Receipts Portion of the Purchase Price; b. Agency and SCHDC shall each pay one-half of the Escrow fee; Agency shall pay the costs, if any, of drawing the Grant Deed; d. Agency shall pay recording fees, if any; e. Agency and SCHDC shall pay their respective notary fees; 882/015610-0047 715762.03 a07/31/06 -16- f. Agency shall pay the premium for SCHDC Title Policy up to the amount set forth in Section 215 and SCHDC 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, and Agency and SCHDC, as applicable, shall deposit the fully executed Agency Deed of Trust, Agency Regulatory Agreement, and Memorandum or executed counterparts thereof. 3. Escrow Officer Obligations. The Escrow Officer shall notify the Agency and SCHDC when all outstanding documents, including the Grant Deed, the Agency Deed of Trust, 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 SCHDC'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 Regulatory Agreement, (3) deed of trust securing the Conventional Loan, (4) Agency Deed of Trust, 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. 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 202, 207, 213, 215, and 216 of this Agreement. H. F2081 Conveyance of Title and Delivery of Possession Provided that SCHDC is not in default under this Agreement and all of Agency's Conditions to Closing and SCHDC's Conditions to Closing have occurred, and subject to any mutually agreed upon extensions of time, Agency shall convey to SCHDC title to the Project on or before the later of (i) the date that is thirty-five (35) days after Agency formally accepts the completed Housing Development from the Developer, provided Agency has obtained labor and materials releases from all subcontractors who performed work on the Housing Development, or (ii) thirty (30) days after SCHDC is awarded the Tax Credits. The Agency and SCHDC agree to perform all acts necessary to conveyance of title on or before the Outside Closing Date. 882/015610-0047 715762.03 a07/31 /06 -17 Possession shall be delivered to SCHDC 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. SCHDC shall accept title and possession on said date. I. [2091 Conditions to Close of Escrow 1. j2101 Agent's Conditions to Closing The Agency's obligation to convey the Project to SCHDC 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. SCHDC shall have deposited into Escrow the Closing Portion of the Purchase Price and all other sums and documents required of SCHDC by this Agreement; b. SCHDC shall have delivered to Agency or deposited into Escrow the Agency Deed of Trust, duly executed and acknowledged by SCHDC, the Agency Regulatory Agreement, duly executed and acknowledged by SCHDC, and the Memorandum, duly executed and acknowledged by SCHDC; C. SCHDC shall have executed and delivered to Agency the Agency Note. d. SCHDC shall have submitted to the Executive Director the evidence of insurance required pursuant to Section 403 of this Agreement; e. SCHDC shall have submitted to the Executive Director SCHDC's Evidence of Financing, in accordance with Section 205 herein, and the Executive Director shall have approved the same; f. On the Closing Date, the Title Company shall be irrevocably committed to issue the Agency Title Policy, if elected by Agency; g. Escrow Agent holds and will deliver to Agency the instruments and funds to be delivered to Agency under this Agreement; and Agreement. h. SCHDC is not in material default of any term or condition of this 2. j2111 SCHDC's Conditions to Closing SCHDC's obligation to purchase the Project from Agency and the closing of the Escrow shall, in addition to any other condition set forth herein in favor of SCHDC, be conditional and contingent upon the satisfaction, or waiver by SCHDC in its sole and absolute discretion, on or C 3 882/015610-0047 715762.03 a07/31/06 _ 1 g before the Outside Closing Date, of each and all of the following conditions (collectively, " SCHDC's Conditions to Closing'). a. 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; b. Agency shall have deposited into Escrow the Agency Deed of Trust, duly executed and acknowledged by Agency, the Agency Regulatory Agreement, duly executed and acknowledged by Agency, and the Memorandum, duly executed and acknowledged by Agency; C. On the Closing Date, the Title Company shall be irrevocably committed to issue SCHDC Title Policy insuring fee title to the Site is vested in SCHDC; d. Escrow Agent holds and will deliver to SCHDC the instruments and funds to be delivered to SCHDC under this Agreement; e. SCHDC has approved the environmental condition of the Site; £ SCHDC has approved the Documents pursuant to Section 219 below; g. Agency shall have completed construction of the Housing Development, as evidenced by City's issuance of a certificate of occupancy for the same; h. Agency shall have executed and delivered to Escrow Holder the Bill of Sale; Agency shall have executed and delivered to SCHDC the Assignment; and j. Agency is not in material default of any term or condition of this Agreement. 3. F2121 Waiver 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. SCHDC. SCHDC may at any time 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 SCHDC and delivered to Agency. 4. j2131 Failure of Conditions Precedent; Termination 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, 882/015610-0047 715762.03 a07/31/06 -19- terminate this Agreement and the Escrow opened hereunder, thereby releasing the parties from further obligations hereunder. In the event that by the Outside Closing Date each of the conditions set forth in Section 211 are not fulfilled, or waived by SCHDC pursuant to Section 212, SCHDC 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 SCHDC to Agency or Escrow Agent shall be returned immediately to SCHDC and all documents and funds delivered by Agency to SCHDC or Escrow Agent shall be returned immediately to Agency. Notwithstanding the foregoing and subject to Section 202 hereof, (i) in the event the Release Amount has been released to Agency, SCHDC shall not be entitled to the return of such amount; and (ii) in the event this Agreement has been terminated as a result of SCHDC's default, Agency shall be entitled to the receipt of the Deposit, including all interest thereon. Nothing in this Section 213 shall be construed as 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. J. [2141 Condition of Title The Agency shall convey to SCHDC fee simple title to the Project 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 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 SCHDC pursuant to this Section 214. Within five (5) days after the Effective Date, Agency shall cause the Title Company to deliver to SCHDC a standard preliminary title report with respect to the Project, together with legible copies of the documents underlying the exceptions set forth in the Title Report and, as soon as possible thereafter, a plotting of all plottable easements and items (collectively, the "Title Report"). SCHDC shall have the right to reasonably approve or disapprove the condition of title as reflected in the Title Report; provided, however, that SCHDC hereby approves the Redevelopment Plan and the lien of current non -delinquent real property taxes and assessments, if any. SCHDC shall have fifteen (15) 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. SCHDC's failure to give written approval of the Title Report within such time limit shall be deemed approval of the Title Report by SCHDC. If SCHDC 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 after receiving written notice of SCHDC's disapproval or provide assurances satisfactory to SCHDC that such Disapproved Exception(s) will be removed on or before conveyance of the Project. If Agency cannot or in its sole discretion does not elect to remove any of the Disapproved Exceptions within that period, SCHDC 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 Project subject to the Disapproved Exceptions or to give Agency written notice that it elects to terminate this Agreement. Agency's failure to notify SCHDC of its 882/015610-0047 715762.03 a07/31/06 -20 election to remove or not to remove the Disapproved Exceptions shall be deemed Agency's election not to remove the Disapproved Exceptions. SCHDC's failure to give written notice of its election to proceed with the conveyance or to terminate this Agreement after Agency elects or is deemed to have elected not to remove the Disapproved Exceptions shall be deemed its election to proceed subject to the Disapproved Exceptions. SCHDC shall have the right to approve or disapprove any exceptions reported by the Title Company after SCHDC has approved the condition of title for the Project (which are not created by SCHDC). Agency shall not voluntarily create any new exceptions to title following the date of this Agreement. K. f 2151 Title Insurance Concurrently with recordation of the Grant Deed, the Escrow Agent shall instruct the Title Company to provide and deliver to SCHDC an ALTA owner's policy of title insurance that does not require a survey, issued by the Title Company and insuring that the title to the Site is vested in SCHDC, or its assignee, as applicable, in the condition required by Section 214 of this Agreement (the "SCHDC Title Policy"). The Title Company shall provide the Agency with a copy of SCHDC Title Policy and SCHDC Title Policy shall be in the amount of the Purchase Price. The Agency shall pay the title insurance premium attributable to SCHDC Title Policy. The Title Company shall, if requested by SCHDC, increase the amount of SCHDC Title Policy or provide SCHDC with an extended policy, coverages, or endorsements. SCHDC 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 Company an ALTA 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 Project, showing title vested in SCHDC, and insuring the validity and priority of, respectively, the Agency Deed of Trust, Agency Regulatory Agreement, and Memorandum (the "Agency Title Policy") L. [2161 Taxes and Assessments Ad valorem taxes and assessments, if any, on the Project, 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 SCHDC. M. j2171 Conveyance Free of Possession The Project shall be conveyed free of any possession or right of possession by any person except that of SCHDC and the easements and other encumbrances of record (subject to SCHDC's right to review the condition of title pursuant to Section 214). C 31 882/015610-0047 715762.03 a07/31/06 -21- N. [2181 Document Review: Inspections- Condition of Project 1. [2191 Document Review. (a) Within fifteen (15) days after the Effective Date, Agency shall make available to SCHDC for its review, true, correct and legible copies of those of the following items which are in Agency's possession or control or in the possession or control of an agent of Agency, which relate to the Site and/or Project (collectively, and with all other items made available pursuant to the provisions of this Section 219, the "Property Documents"). Any Property Documents which Agency has received from any third party will be made available to SCHDC without any representation or warranty: (i) a current waiting list for the Project (if applicable); (ii) current ad valorem and personal property tax bills for the Site, and any copies of such bills for the last two tax years; (iii) any and all environmental reports, preliminary environ- mental assessments, soil tests and studies concerning the Site. (b) Agency agrees to allow SCHDC, its authorized agents and representatives; to inspect and make copies, at its own expense, of all Property Documents. (c) SCHDC's obligations hereunder shall be conditioned upon SCHDC's written approval of all Property Documents within the time set forth in the Schedule of Performance. SCHDC's failure to give its written approval of all Property Documents shall be deemed to be disapproval thereof, and, in such event, the rights of the parties are set forth in Section 213 above. 2. [2201 Inspections. SCHDC shall conduct SCHDC'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 SCHDC's judgment affect or influence SCHDC's proposed use of the Site and SCHDC's willingness to acquire the Project pursuant to this Agreement. SCHDC's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a soils report for the Site. Within thirty (30) days after the Effective Date, SCHDC shall provide written notice to the Agency of SCHDC's determinations concerning the suitability of the physical condition of the Site. If, in SCHDC's reasonable judgment, the physical condition of the Site is unsuitable for the use or uses to which the Site will be put, then SCHDC shall have the option either to (a) take any action necessary to place the Site in a condition suitable for operation of the Project, at no cost to the Agency; or (b) terminate this Agreement pursuant to the provisions of Section 213 hereof. If SCHDC has not notified the Agency of its determinations concerning the suitability of the physical condition of the Site by the close of such thirty (30) day time frame, SCHDC shall be deemed to have waived its right to terminate this Agreement pursuant to this Section. 882/015610-0047 715762.03 a07/31/06 -22- 3. [2211 "As Is". The Agency has provided SCHDC 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 224 below. SCHDC acknowledges and agrees that any portion of the Site and Project that it acquires from the Agency pursuant to this Agreement shall be purchased "AS IS" "WHERE IS" "WITH ALL FAULTS," in its physical condition as of the Closing, with no warranties of any kind or nature, express or implied, including, without limitation, warranties of fitness for a particular purpose or warranties of habitability, 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 Project. 4. j2221 Indemnity. SCHDC 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 224 below), claims, losses, damages, fines, penalties, expenses, "Environmental Response Costs" (as defined in Section 224 below) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), occurring during and caused by SCHDC's use and occupancy of the Project, 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 Project, unless caused by the negligence or willful misconduct of Indemnities. SCHDC'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 SCHDC's sole cost. Notwithstanding the foregoing, the Agency agrees to indemnify, defend, and hold SCHDC harmless for, from, and against any 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 Project by the Agency or during the Agency's ownership or possession of the Project. 5. [2231 Release and Waiver. Subject to the exceptions set forth in Section 222 above, SCHDC hereby releases and waives all rights, causes of action and claims SCHDC 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 or Project. In furtherance of the intentions set forth herein, SCHDC acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California which provides as follows: 882/015610-0047 `1 3 715762.03 a07/31/06 -23- "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 IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THIS SETTLEMENT WITH THE DEBTOR." SCHDC 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 223. SCHDC's Initials: 6. j2241 Definitions. 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 SCHDC. 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 fines, 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. 7. j2251 Materiality. SCHDC acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of SCHDC for the benefit of Ithe 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 SCHDC's obligations were as provided for herein. 882/015610-0047 715762.03 a07/31/06 -24- III. [3001 DEVELOPMENT OF THE SITE As of the Effective Date, Agency has completed preparations of plans and specifications for the Housing Development (the "Project Plans"), and Agency has solicited construction bids. The Agency anticipates selecting a developer (the "Developer") to develop the Housing Development in August, 2006, and contemplates completion of construction within 12-18 months thereafter. SCHDC acknowledges that SCHDC has reviewed and approved the Project Plans. Agency shall require the Developer to develop the Project in compliance with the Project Plans and all applicable laws, ordinances, and regulations, including applicable labor and wage standards. Agency shall obtain the approval of SCHDC, which approval shall not be unreasonably withheld, conditioned, or delayed, prior to authorizing any change order that substantially alters the design of the Housing Development as set forth in the Project Plans. During construction of the Housing Development, SCHDC shall have the right to enter the Site and the Project and make visual inspections thereof. Agency shall have the right, but not the obligation, to require that a representative of Developer or Agency accompany SCHDC during any such inspection. SCHDC shall hold Agency harmless from any bodily injury or related damages arising out of the activities of SCHDC as referred to in this Section 300. Agency shall provide SCHDC with progress reports, on at least a monthly basis, concerning the development of the Housing Development. After Developer completes construction of the Housing Development and prior to the Closing, SCHDC may perform a walk-thru inspection of the Housing Development to determine whether the Housing Development has been constructed substantially in conformance with the Project Plans. If SCHDC reasonably determines that the Housing Development has not been constructed in substantial conformance with the Project Plans, subject to any change orders approved by SCHDC pursuant to this Section 300, and that such deviations will cause operation of the Project to be infeasible, SCHDC may terminate this Agreement without further liability. In such intention, SCHDC shall be entitled to a return of the Deposit, including the Release Amount. IV. [4001 USE OF THE PROJECT A. [4011 Affordable Housing SCHDC hereby covenants and agrees, for itself and its successors and assigns, to use and maintain the Project during the term of the Agency Regulatory Agreement only as a rental apartment housing project with eighty (80) apartment dwelling units (the "Units"), with each such Unit (other than the Management Unit) to be rented to and occupied by Eligible Tenants at an Affordable Rent, all as more fully described in the Agency Regulatory Agreement. The Management Unit shall be rented to and occupied by a Moderate Income Household at a rent that is affordable to such household, as determined pursuant to Health and Safety Code Section 50093. 882/015610-0047 715762.03 a07/31/06 -25- B. [4021 Uses In Accordance with Redevelopment Plan; Nondiscrimination SCHDC covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Project or any part thereof that SCHDC and such successors and assignees, shall devote the Project to the uses specified in the Redevelopment Plan, the Grant Deed, the Agency Regulatory Agreement, and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. SCHDC 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 Project, nor shall SCHDC 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 Project. The foregoing covenants shall run with the land. SCHDC shall refrain from restricting the rental, sale or lease of the Project 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." 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." 882/015610-0047 715762.03 a07/31/06 -26- 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 SCHDC pursuant to this Agreement, or any part thereof. The covenants against racial discrimination shall remain in effect in perpetuity. C. j4031 Indemnity; Insurance Requirements SCHDC 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 for, 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 SCHDC's activities under this Agreement. Commencing with Effective Date hereof and ending on the expiration date of the Agency Regulatory Agreement, SCHDC 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 SCHDC 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 SCHDC 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 (i) 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. 882/015610-0047 715762.03 a07/31/06 -27- With respect to the Housing Development and other improvements and any fixtures and furnishings to be owned by SCHDC 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 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. Notwithstanding anything in this Section 403 to the contrary, the all-risk coverage required pursuant to this paragraph shall not be required to be procured until, and such procurement shall be a condition to, the Closing. 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 name Agency, City, and their respective officers, officials, members, employees, agents, and representatives as additional insureds, using a pre- 2004 additional insured endorsement form. 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, SCHDC 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, SCHDC 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, SCHDC 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. Notwithstanding the foregoing, in the event that the policies required hereunder are not available from such insurers at commercially reasonable rates, the Executive Director shall have the authority, in his or her sole and absolute discretion, to waive one or more of such requirements provided the proposal policies will adequately protect the Agency's interests hereunder. 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 8821015610-0047 715762.03 a07/31/06 -28- 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 SCHDC 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. SCHDC agrees that the provisions of this Section shall not be construed as limiting in any way the extent to which SCHDC may be held responsible for the payment of damages to any persons or property resulting from SCHDC's activities or the activities of any person or persons for which SCHDC is otherwise responsible. D. j4041 Local, State and Federal Laws SCHDC shall perform under this Agreement and carry out its performance under this Agreement in conformity with all applicable federal and state laws and local ordinances as to the Project, provided, however, SCHDC and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. E. j4051 Taxes and Assessments After the conveyance of title by Agency to SCHDC or its assignee, and subject to its right to claim exemption under California Revenue & Taxation Code Section 214(g), SCHDC shall pay prior to delinquency all real estate taxes and assessments on the Project for any period subsequent to the conveyance of title and possession, so long as SCHDC retains any ownership interest therein. SCHDC shall remove or have removed any levy or attachment made on the Project 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, SCHDC shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to SCHDC in respect thereto, and nothing herein shall limit the remedies available to SCHDC in respect thereto. F. j4061 Limitation on Encumbrances Except as otherwise permitted by this Agreement, including but not limited to clause (d) of Section 109, SCHDC shall not mortgage the Project or any portion thereof or any interest therein, any other mortgages or conveyances for financing that encumber the Project or any portion thereof, without the prior written approval of the Executive Director, which approval shall not be unreasonably withheld G. j4071 Maintenance of the Project SCHDC shall maintain the Project in conformity with the La Quinta Municipal Code and the requirements of the Agency Regulatory Agreement, and shall keep the Project free from any graffiti and from any accumulation of debris or waste materials. SCHDC shall also maintain the landscaping planted on the Site by Developer, Agency, and/or Agency's contractors in a healthy and attractive condition. If, at any time, G 882/015610-0047 715762.03 a07/31/06 -29- SCHDC fails to maintain the Project 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 Project or applicable portion thereof to perform the necessary maintenance thereon and SCHDC 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. H. j4081 Effect of Violation of the Terms and Provisions of this Agreement 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 Project 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. V. [5001 DEFAULTS AND REMEDIES C. f 5011 Defaults -- General Subject to the extensions of time set forth in Section 603, failure or delay by either party to perform 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 after 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. D. [5021 Legal Actions 1. f 5031 Specific Performance 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, SCHDC 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 SCHDC to speculate in land. Agency shall also have the right to pursue damages for SCHDC's defaults but in no event shall SCHDC 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. 882/015610-0047 V 'Y 0 715762.03 a07/31/06 -30- 2. j5041_Institution of Legal Actions; Attorney's Fees 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 granted, 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. 3. [5051 Applicable Law The internal laws of the State of California, without regard to conflicts of law, shall govern the interpretation and enforcement of this Agreement. 4. 15061 Acceptance of Service of Process In the event that any legal action is commenced by SCHDC 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 SCHDC, service of process on SCHDC shall be made by personal service upon any officer or director of SCHDC and shall be valid whether made within or without the State of California or in such other manner as may be provided by law. E. 15071 Rights and Remedies Are Cumulative 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. F. [5081 Inaction Not a Waiver of Default 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. G. [5091 Termination 1. [5101 Termination by SCHDC In the event that prior to the Close of Escrow: b. 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 882/015610-0047 715762.03 a07/31/06 -31- 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 SCHDC; or C. the Agency fails to satisfy any or all of SCHDC's Conditions to Close by the time established therefor in Schedule of Performance; then, at the option of SCHDC, upon written notice thereof to the Agency, all provisions of this Agreement shall terminate and be of no further force and effect; thereafter, subject to Section 202 hereof, neither the Agency nor SCHDC shall have any further rights against or liability to the other with respect to this Agreement; provided, however, that nothing in this Section 510 shall be construed as 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. 2. [5111 Termination by the Agency In the event that prior to the Close of the Escrow: a. SCHDC (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Project in violation of this Agreement; or b. There is a change in the ownership of SCHDC contrary to the provisions of Section 109 hereof, or C. SCHDC does not submit certificates of insurance or Evidence of Financing 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 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 the date of written demand therefor by the Agency; or d. SCHDC fails to satisfy any or all of Agency's Conditions to Close by the time established therefor in Schedule of Performance; then, at the option of the Agency, upon such written notice thereof to SCHDC as may be set forth above, this Agreement shall be terminated, and thereafter, subject to Section 202 hereof, neither party shall have any further rights or liability against the other under this Agreement; provided, however, that nothing in this Section 511 shall be construed as 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. VI. [6001 GENERAL PROVISIONS A. f 6011 Notices, Demands and Communications Between Parties Written notices, demands and communications between the Agency and SCHDC shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or 882/015610-0047 � 715762.03 a07/31/06 —32— lJ L ..r overnight messenger service that provides a receipt showing date and time of delivery, or (iii) deposited in the United States mail, registered or certified, postage prepaid, return receipt requested, to the principal offices of the Agency and SCHDC at the addresses specified in Section 106 and 107, respectively. Such written notices, demands and communications maybe sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. A notice signed by legal counsel for a party and delivered to the other party in accordance with this Section shall be deemed notice delivered by the party on whose behalf such legal counsel is acting. 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. B. [6021 Conflicts of Interest 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 employee 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. C. j6031 Enforced Delay; Extension of Times of Performance In addition to specific provisions of this Agreement, performance 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 SCHDC. 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, SCHDC is not entitled pursuant to this Section 603 to an extension of time to perform because of economic or market conditions. 643 882/015610-0047 715762.03 a07/31/06 -33- D. j6041 Non -Liability of Officials and Employees of the Agency No member, official or employee of the Agency or the City shall be personally liable to SCHDC, 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 SCHDC or its successors, or on any obligations under the terms of this Agreement. E. [6051 Interpretation; Entire Agreement, Waivers; Attachments 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 SCHDC, and all amendments hereto must be in writing by the appropriate authorities of the Agency and SCHDC. 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. The exhibits and attachments to this Agreement are incorporated herein and made a part hereof. F. [6061 Time of Essence Time is of the essence in the performance of this Agreement. G. [6071 No Brokers Agency and SCHDC 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 harmless 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 SCHDC as the case may be. H. [6081 Maintenance of Books and Records SCHDC shall prepare and maintain all books, records, and reports necessary to substantiate SCHDC's compliance with the terms of this Agreement. I. [6091 Right to Inspect After the Closing Date, 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 G ry 4 882/015610-0047 715762.03 a07/31/06 -34- records of SCHDC pertinent to the purposes of this Agreement. Said right of inspection shall not extend to documents privileged under attorney -client or other such privileges. J. [610] Binding Effect of Agreement 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 Project and the successors in interest, owner or owners thereof, and all of the tenants, lessees, sublessees, and occupants of such Project. K. [6111 SeverabilitX 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. L. [612] Counterparts 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. M. [6131 Amendments to this Agreement SCHDC 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 Institutional Lender providing the Conventional Loan, or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms 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 SCHDC. [end — signature page and attachments follow] G 4 5 882/015610-0047 715762,03 a07/31/06 -3 `- IN WITNESS WHEREOF, the Agency and SCHDC have signed this Agreement on the respective dates set forth below. LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Dated: , 2006 Its: Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation Dated: , 2006 By: Its: G ,.,, 882/015610-0047 715762.03 a07/31/06 -36- ATTACHMENT NO. 1 SITE MAP [SEE FOLLOWING PAGE] 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. I [REPLACE THIS PAGE WITH SITE MAP) 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. 2 LEGAL DESCRIPTION All of that certain real property in the City of La Quinta, County of Riverside, State of California, described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 1.9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO.2 ATTACHMENT NO.3 SCHEDULE OF PERFORMANCE ACTIVITY TIME FRAME 1. Agency and SCHDC open Escrow. Within five (5) business days after Effective (Section 207) Date. 2. SCHDC provides evidence of insurance to Within ten (10) days after Effective Date. Agency. Section 403) 3. Agency approves or disapproves Within fifteen (15) days after submittal. SCHDC's evidence of insurance. (Section 403) 4. SCHDC provides Agency with proof of Within thirty (30) days after Effective Date. relationship with Institutional Lender(s). (Section 205 5. SCHDC submits Initial Tax Credit On or before February 28, 2007. Application to TCAC. (Section 204) 6. SCHDC submits Second Tax Credit On or before July 31, 2007. Application to TCAC (if applicable). (Section 204) 7. SCHDC submits Third Tax Credit On or before February 28, 2008. Application to TCAC (if applicable). (Section 204) 8. Agency makes available to SCHDC Within fifteen (15) days after the Effective copies of the Property Documents. Date. (Section 219 9. SCHDC approves or disapproves the Within fifteen (15) days after SCHDC's Property Documents. (Section 219) receipt thereof. 10. SCHDC provides evidence of property Within sixty (60) days prior to Close of insurance to Agency. (Section 403) Escrow. 11. Agency approves or disapproves Within fifteen (15) days after submittal. SCHDC's evidence of property insurance. Section 403) 12. SCHDC submits Evidence of Financing to Within sixty (60) days prior to Close of Agency. Section 205) Escrow. ATTACHMENT NO. 3 C "" 882/015610-0047 v ' 715762.03 a07/31/06 Page 1 of 2 ACTIVITY TIME FRAME 13. Agency approves or disapproves Within fifteen (15) days after submittal. SCHDC's Evidence of Financing. (Section 205) 14. SCHDC executes and delivers to Agency Within ten (10) days prior to the Close of or Escrow Agent Grant Deed, Agency Escrow Regulatory Agreement, Agency Deed of Trust and Memorandum. (Section 210) 15. Agency executes and delivers to Escrow Within ten (10) days prior to Close of Agent Grant Deed, Agency Regulatory Escrow. Agreement, Agency Deed of Trust, Memorandum and Bill of Sale. (Section 211) 16. SCHDC executes and delivers to Agency Within ten (10) days prior to Close of A ency Note. (Section 210) Escrow. 17. Agency executes and delivers to SCHDC Within ten (10) days prior to Close of Assignment. (Section 211) Escrow. 18. Agency and SCHDC close Escrow on Agency's transfer of title to Project to Within ten (10) business days after all of the Agency's Conditions to Close and SCHDC's SCHDC. (Section 208) Conditions to Close have been satisfied or waived by the appropriate Party. 19. SCHDC obtains Agency Executive Director's approval of Property Manager. Within ninety (90) days prior to issuance of certificate of occupancy for Project by City. (Agency Regulatory Agreement, Section 5.2) 20. SCHDC or Property Manager submits for Executive Director's review and approval, Within ninety (90) days prior to issuance of certificate of occupancy for Project by City. a marketing and management plan for the Project. (Agency Regulatory Agreement, Section 5.2) 21. SCHDC sets aside Operating Reserve and At Close of Escrow. provides evidence thereof to Agency Executive Director. (Agency Regulatory Agreement, Section 5.5) 22. SCHDC submits to Agency an accounting On or before August 1 of each year of the Capital Replacement Reserve. subsequent to Close of Escrow. ATTACHMENT NO. 3 882/015610-0047 Page 2 Of 2 715762.03 a07/31/06 g 4 i I ACTIVITY. TIME FRAME (Agency Regulatory Agreement, Section 5.6) 23. SCHDC submits annual report pursuant to Health and Safety Code Section 33418 to Not later than the September 1 following the June 30 end of each fiscal year for term of the Agency. (Agency Regulatory Agreement, Declaration. Section 3.7) 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 the text of the Agreement, the text of the Agreement shall govern. ATTACHMENT NO. 3 882/015610-0047 Page 3 of 2 715762.03 a07/31/06 g ATTACHMENT NO.4 GRANT DEED [SEE FOLLOWING PAGES] 47 71576 .03 a07 31 ATTACHMENT NO. 4 715762.03 a07/31/06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Southern California Housing Development Corporation 9065 Haven Ave., Suite 100 Rancho Cucamonga, CA 91730 Attn: Executive Director THIS 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 . THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, 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. Ae ; 882/015610-0047 ATTACHMENT NO. 715762.03 a07/31/06 Page 1 of 6 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: 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. ATTACHMENT NO.4 J 882/015610-0047 715762.03 a07/31/06 Page 2 of 6 D. Covenants Run With The Land. All covenants contained in this Grant Deed shall be covenants running with the land. 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 "Grantor" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Lo Executive Director "Grantee" THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation Name: Its: ATTACHMENT NO.4 C 882/015610-0047 715762.03 a07/31/06 Page 3 of 6 STATE OF CALIFORNIA COUNTY OF On personally appeared before me, Notary Public, 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, Notary Public, 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] G �51 ATTACHMENT NO.4 882/015610-0047 Page 4 Of 6 715762.03 a07/31/06 g STATE OF CALIFORNIA ) )SS COUNTY OF ) On personally appeared 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. 4 882/015610-0047 715762.03 ao7/31/06 Page 5 of 6 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY The land referred to is situated in the City of La Quinta, State of California, County of Riverside, City of La Quinta and is described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. ATTACHMENT TTACHMENT NO.4 715762.03 a07/31/06 Page 6 of 6 ATTACHMENT NO. 5 PROMISSORY NOTE [SEE FOLLOWING DOCUMENT] 882/015610-0047 715762.03 ao7/31/06 ATTACHMENT NO. 5 ATTACHMENT NO.5 PROMISSORY NOTE Loan Amount: $11,745,571 , 2006 La Quinta, California FOR VALUE RECEIVED, THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("Borrower"), promises to pay to the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), or order, the principal sum of Eleven Million Seven Hundred Forty -Five Thousand Five Hundred Seventy -One Dollars ($11,745,571), plus interest on the outstanding principal balance, in accordance with the terms and conditions set forth herein. This Note evidences the obligation of Borrower to Agency for the repayment of certain funds (the "Agency Loan") loaned to Borrower by Agency pursuant to that certain Affordable Housing Agreement between the Agency and Borrower dated for identification purposes only as of , 2006 (the "Agreement"), incorporated herein, in connection with the acquisition of real property located at 78990 Miles Avenue within the Project Area in the City of La Quinta, County of Riverside (the "Property") improved with an affordable multifamily housing development (the "Project"). All capitalized terms unless otherwise defined herein shall have the same meaning as set forth in the Agreement. Reference is also made to the following additional agreements and documents, of even date herewith, involving Agency and Borrower and/or pertaining to the Property: (i) Deed of Trust with Assignment of Rents by and between Borrower as Trustor, Agency as beneficiary, and Chicago Title Company as Trustee, and recorded in the Office of the Riverside County Recorder ("Agency Deed of Trust'). The Agency Deed of Trust secures repayment of this Note and performance under the Agreement and Agency Regulatory Agreement. Regulatory Agreement and Declaration of Covenants and Restrictions, by and between Borrower and Agency, for the benefit of Agency, and recorded in the Office of the Riverside County Recorder ("Agency Regulatory Agreement"). 1. Definitions. "Affiliate" shall mean any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Borrower which, if Borrower is a partnership or limited liability company, shall include each of the constituent members or general partners, respectively, thereof. The term "control" as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of more than 50% of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person. 882/015610.0047 ATTACHMENT NO. 5 r 13 715762.03 a07/31/06 Page 1 of 15 "Agency Agreements " mean, collectively, the Agreement, the Agency Deed of Trust, and the Agency Regulatory Agreement. "Annual Financial Statement" means the financial statements prepared by Borrower for each calendar year during the period from the date of this Note until the Maturity Date, including a balance sheet, income statement, statement of retained earnings, statement of cash flows, and footnotes thereto, prepared in accordance with generally accepted accounting principles consistently applied, as audited by an independent certified public accountant. "Applicable Percentage" shall mean sixty percent (60%). "Approved Budget " shall have the meaning ascribed in Section 3.13 of the Agency Regulatory Agreement. "Assignment" means any voluntary or involuntary conveyance, disposition, assignment, encumbrance (other than a Refinancing as defined below or the creation of the Senior Financing or any other Project Loan permitted by the Agreement), sublease, sale or transfer of the Property, including, without limitation, any transfer by Borrower of all or any portion of its rights under or interest in the Project or the Property, any unpermitted change of ownership or control of Borrower, any foreclosure of Borrower's interest in the Project or the Property, whether by judicial proceedings, or by virtue of any power contained in a deed of trust, indenture or other instrument creating a lien against the Project or the Property, or any assignment of Borrower's estate in the Project or the Property through, or in lieu of, foreclosure or other appropriate and bona fide proceedings in the nature thereof; provided, however, that the term "Assignment" as used herein shall not include any permitted transfer as set forth in Section 10 hereof or in Section 109 of the Agreement. "Capital Improvements " means all work and improvements with respect to the Property for which costs and expenses may be capitalized in accordance with GAAP. "CPI" means 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), or, if said index is discontinued, such official index as may then be in existence and which is most nearly equivalent to said index. "Debt Service " means scheduled debt service (including impounds, expenses, and other amounts payable) on the Senior Financing. "Developer Fee" means the developer fee to be paid to Borrower in a cumulative amount not to exceed Four Hundred Fifty Thousand Dollars ($450,000), bearing interest at the applicable federal rate, and disbursed pursuant to the following: (i) Developer shall be entitled to a portion of the Developer Fee in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500) within after the date of this Note; (ii) Developer shall be entitled to a portion of the Developer Fee in the amount of One Hundred Twelve Thousand Five Hundred Dollars ($112,500) upon and (iii) the Developer shall be entitled to a portion of the Developer Fee in the amount of Two Hundred Twenty -Five Thousand Dollars ($225,000) at the time all Units in the project have been leased to, and are accepted by, Eligible Tenants. 882/015610-047 ATTACHMENT NO. 5 i n 715762.03 a07/31/06 Page 2 of 15 "Fiscal Year" means the fiscal year of Borrower, which is the calendar year. "GAAP" means generally accepted accounting principles as in effect from time to time, consistently applied. "Maturity Date" shall have the meaning set forth in Section 2.4 hereof.. "Minor Assignment" shall mean any lease of an individual unit in the Project for occupancy by a residential subtenant and in the ordinary course of business for operation of the Project. "Net Operating Income" means, for the applicable period of time, (i) the amount, if any, by which Operating Income for such period exceeds Operating Expenses paid by Borrower during such period; and, provided there is such an excess, less (ii) the Partnership Management Fee. "Net Proceeds" shall mean (a) the proceeds received, directly or indirectly, by Borrower or any Affiliate or constituent member or partner, or majority shareholder, of Borrower as a result of an Assignment, including, without limitation, cash, the amount of any monetary lien or encumbrance assumed or taken subject to by the assignee, the fair market value of any non -cash consideration, including the present value of any promissory -note received as part of the proceeds of such Assignment (such present value to be determined based upon a discount rate reasonably satisfactory to Agency), the entire condemnation award or compensation payable to Borrower or any Affiliate or constituent member or partner, or majority shareholder, of Borrower in connection with a condemnation or taking in eminent domain of any part of the Property or the Project or any interest therein, all insurance proceeds or awards payable to Borrower or any Affiliate or constituent member or partner or majority shareholder of Borrower in connection with any damage to or destruction of the Property or the Project or any part thereof; less (b) the sum of (i) the actual, documented and reasonable expenses of effecting such Assignment, including reasonable brokerage commissions, title insurance premiums, documentary transfer taxes, and reasonable attorneys' fees, in each case actually paid in connection with the Assignment (provided that no deduction shall be allowed for payments to an Affiliate of the person or entity making the Assignment which are in excess of the amount that would be paid for the same or equivalent services in an arms' length transaction between unrelated parties acting reasonably), (ii) the costs incurred by Borrower to repair or rebuild the Project in the event of any damages, destruction, or condemnation of all or any portion of the Project, and (iii) the amount of any Net Proceeds of the Assignment, casualty or condemnation paid (excluding voluntary payments) towards the then -outstanding balance of the Senior Financing and/or any Project Loan being refinanced. Notwithstanding anything above which is or appears to be to the contrary, the permissible deductions for purposes of calculating the Net Proceeds shall not include any foreign, U.S., state or local income taxes, franchise taxes, or other taxes based on income. "Net Refinancing Proceeds" shall mean the gross face amount of any Project Loan obtained in connection with such Refinancing, after: (a) payment of the actual, documented and reasonable expenses of such Refinancing, including escrow fees, title policy expenses, legal expenses, survey fees, recording fees, commissions, or other usual and reasonable expenses of ATTACHMENT NO. 5 G } 3 882/015610-0047 715762.03 a07/31/06 Page 3 of 15 any such Refinancing (provided, that no deduction shall be allowed for payments in connection with such Refinancing which are in excess of the amounts that would be paid for the same or equivalent services in an arms' length transaction between unrelated parties acting reasonably); and (b) deduction of amounts repaid (excluding voluntary payments) in connection with the Refinancing towards amounts outstanding under.the Senior Financing. "Operating Expenses" means, for the applicable period of time, all costs and expenses reasonably incurred by Borrower in the ordinary course of the management, ownership, and/or operation of the Property by Borrower, including the funding of reasonable reserves and all of the following: (a) the cost of utilities supplied to and used for the Property not paid by the tenants thereof, including trash removal, electricity, water, sewer and gas; (b) the cost of all insurance required for the Property to satisfy the requirements contained in Senior Loan Documents; (c) ad valorem tax and assessments payments; (d) to the extent included in the Approved Budget and not paid for out of the Capital Replacement Reserve, the following fees, costs and expenses: maintenance and repair expenses and services, including material and labor, including charges for public services such as sewer charges, license and permit fees, goods, commodities, materials and equipment, and including all contract repairs and services and maintenance and repair of all furniture, furnishings and fixtures; painting, cleaning; pest control; gardening; rubbish removal; graffiti removal; advertising, marketing and promotion; leasing commissions; accounting, audit and legal expense attributable to the Property; and office expenses incurred in operation of the Property; (e) salaries, wages, rent payment or allocation, and other compensation due and payable to the employees or agents of the Borrower employed on -site in connection with the maintenance, administration or operation of the Property, together with all withholding taxes, insurance premiums, social security payments and other payroll taxes or payments required in connection with such employees; (f) costs of security services supplied to the Property, if any; (g) payment of an asset management fee, on an annual basis in an amount not to exceed Dollars ($ ), increasing annually by three percent (3%) of the then -current amount; (h) payment of a fee, on an annual basis, to cover the cost of coordinating the social services required pursuant to the Management Plan in an amount not to exceed Dollars ($, increasing annually by percent (_%) of the then -current amount; (i) payment of a property management fee, on an annual basis, in an amount not to exceed Dollars ($__) per unit per month, increasing annually by the percentage increase in area median income for the County of Riverside for the period in question; 0) payment of a fee, on an annual basis, to cover the cost of administering and accounting for the affordability requirements set forth in the Agency Regulatory Agreement in an amount not to exceed Dollars ($�, increasing annually by the percentage increase in the area median income in the County of Riverside for the period in question; (k) payment of Developer's annual contribution to the Capital Replacement Reserve; (1) payment of Developer's annual Contribution to the Operating Reserve; and (m) payment of Debt Service. Operating Expenses shall not include any expenses for Capital Improvements, except for Capital Improvements allowed in the Approved Budget, approved by any lender providing Senior Financing, or approved, with such approval not to be unreasonably withheld or delayed, by the Executive Director. Operating Expenses shall be calculated on a cash basis. ATTACHMENT NO. 5 C.1� 882/015610-0047 Page 4 of 15 715762.03 a07/31/06 g Operating Expenses shall not include (aa) repairs or replacements paid from insurance proceeds received by the Borrower, or (bb) depreciation of buildings or other similar non -cash items of expense. "Operating Income" means, for the applicable period of time, all proceeds received by Borrower from the operation of the Property and from any and all sources resulting from or attributable to the operation of the Property, including, without limitation, all rentals, parking receipts, laundry income received by Borrower, forfeited Security Deposits, and all expense reimbursements paid to Borrower by tenants of the Property. Operating Income shall be calculated on a cash basis. Operating Income excludes insurance proceeds and/or condemnation proceeds, and all interest earned and paid on required reserve account. "Partnership Management Fee" means the fee paid to Borrower not to exceed Five Thousand Dollars ($5,000) per year, which amount shall be adjusted annually by the CPI. "Project Loan" means a loan secured by an encumbrance on the Property, the Project, or any portion thereof. "Refinancing" shall mean creation or substantial modification of a Project Loan "Senior Financing' means any loan obtained by Borrower with respect to the Project secured by a deed of trust recorded against the Property in a position senior to that of the Agency Deed of Trust in accordance with and as permitted by the terms of the Agreement. "Senior Loan Documents" means any and all agreements and documents related to any Senior Financing. "Term" shall mean the time from the date of this Note until the earlier to occur of (i) the Maturity Date; (ii) repayment in full of all principal and interest due hereunder; or (iii) such other date, as agreed to in writing by the Agency, upon which the Agency releases all of its rights under the Agreement, the Agency Regulatory Agreement, the Agency Deed of Trust and this Note. 2. Interest and Repayment. 2.1 Basic Interest Rate. Except as provided in section 2.5 below, the disbursed and unpaid principal balance of the Agency Loan shall bear interest at a rate of three percent (3%) (the `Basic Interest Rate"). 2.2 PayMent Dates and Amounts. (a) Principal and Interest Payments. Interest and principal payments on this Note shall be payable annually on April 1 of each year during the Term, in an amount equal to the Applicable Percentage multiplied by the Net Operating Income for the calendar year immediately preceding such annual payment date. In the event that there is no Net Operating Income available for payment of principal and interest for any calendar year, then interest shall continue to accrue on the Agency Loan during such year. On or before each April 1 during the Term, regardless as to whether any payment of principal and interest is remitted, Borrower shall ATTACHMENT NO. 5 ^ t� 882/015610-0047 �� J 715762.03 a07/31/06 Page 5 of 15 provide Agency with an accounting documenting the calculation of Net Operating Income for the previous calendar year. (b) Payments Due in the Event of Refinancing of Senior Financing or Transfer of Project. If Borrower refinances all or part of the Senior Financing, any Net Refinancing Proceeds of that Refinancing shall be payable to Agency no later than the closing and recording of the Refinancing and all such sums paid shall be applied to the outstanding balance of the Agency Loan. If Borrower transfers all of part of the Project as provided in Section 109 of the Agreement, or any casualty or condemnation occurs to the Project, any Net Proceeds of that transfer shall be payable to Agency no later than the date of close of escrow or other consummation of the transfer and applied to the outstanding principal and interest due on the Agency Loan. (c) Interest First. All payments shall be applied first to accrued interest and thereafter to principal. .2.3 Financial Statements. On the April 1 of the calendar year following the year in which this Note is originated as evidenced by the date hereof, and on each April I thereafter throughout the Term, Borrower shall submit to Agency its Annual Financial Statement for the preceding year. Net Operating Income shall be calculated by Borrower for each year beginning in the first year any of the Units are rented to and occupied by Eligible Tenants (and certified by an authorized officer of Borrower) and reported by Borrower to Agency annually for each calendar year no later than April 1st of the following calendar year on forms specified and provided by Agency from time to time. All calculations and records shall be based upon Borrower's Annual Financial Statement and shall be subject to audit by Agency. hi connection with any audit, Borrower shall provide to Agency for inspection and copying any records, receipts, account books, ledgers, checks, or other documents or other evidence reasonably requested by Agency for the purpose of verifying Borrower's calculation of Net Operating Income, and shall promptly pay to Agency any further amount due but not paid as a result of any miscalculation by Borrower. Agency shall promptly pay Borrower any overpayments made by Borrower as shown by such audit. 2.4 Maturity Date. The outstanding principal balance of this Note, together with any outstanding interest due thereon and any other sums payable under this Note, shall be due and payable in full on the date that is fifty-five (55) years from the Note Date (the "Maturity Date"). 2.5 Default Rate. Any amounts (including but not limited to amounts of principal and interest on the Agency Loan) which Borrower does not pay when otherwise due under the terms of this Note, shall bear interest at the rate of the lesser of ten percent (10%) or the maximum rate allowed per law per annum ("Default Rate"), simple interest, from the date which is ten (10) days after such amount would otherwise be due until the date paid. 3. Acceleration. The entire outstanding principal balance of the Note, together with any outstanding interest and other amounts payable thereunder, shall, at the election of Agency and upon notice ATTACHMENT NO. 5 G 882/015610-0047 Page 6 of 15 715762.03 a07/31/06 g to Borrower thereof, become immediately due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by Borrower, if: (a) Notwithstanding the payment terms set forth in Section 2 above, upon the occurrence of any "Event of Default" as set forth in Section 10 below; or (b) Borrower sells or transfers the Property, including, without limitation, lease (other than leases of individual Units to residential' tenants in the ordinary course of business), exchange or other disposition of the Property or any interest therein, whether voluntary or involuntary, except a sale or transfer which under federal law would not, by itself, permit the holder to exercise a due on sale or due on encumbrance clause, and except as permitted by the Agreement; or (c) Borrower refinances the lien of the Agency Deed of Trust or any lien or encumbrance to which the Agency Deed of Trust is subordinate for a loan amount in excess of the then current loan balance secured by such lien or encumbrance, unless the Net Refinancing Proceeds are paid to Agency in an amount not to exceed any amounts due Agency under the Agency Loan. 4. Prepayment; Application of Pa ents. At any time after the Note Date, Borrower may prepay all or a portion of the unpaid principal amount of the Agency Loan and accrued interest and any other sums outstanding without penalty or premium. All payments, including any prepayments or funds received upon acceleration pursuant to Section 3 above, shall be applied first toward any outstanding costs of collection or other amounts (excluding Agency Loan principal or interest thereon) due under this Note or the Agreement, then toward outstanding interest accrued at the Default Rate, if any, then toward outstanding interest accrued at the Basic Interest Rate, if any, and finally toward the remaining principal balance under the Note. 5. Security and Source of Payment. Borrower's obligations under this Note, the Agreement and the Agency Regulatory Agreement shall be secured by the Agency Deed of Trust. The Agency Loan and this Note shall constitute a nonrecourse obligation of Borrower, and neither Borrower nor any partner, member, or shareholder thereof shall have any personal liability for repayment. However, nothing contained in the foregoing limitation of liability shall, (a) limit or impair the enforcement against all such security for this Note of all the rights and remedies of the Agency, or (b) be deemed in any way to impair the right of the Agency to assert the unpaid principal amount of this Note as a demand for money within the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any successor provision thereto. The foregoing limitation of liability is intended to apply only to the obligation for the repayment of the principal of, and payment of interest on this Note; nothing contained therein is intended to relieve the Borrower and, if Borrower is a partnership, limited liability company, or corporation, any general partner, member, or shareholder of Borrower, of liability for damages caused to 882/015610-0047 ATTACHMENT NO. 5 E t ; 7 715762.03 ao7/31/06 Page 7 of 15 Agency or Agency as a result of (i) fraud or willful misrepresentation; (ii) the failure to pay taxes, assessments or other charges which may create liens on the real property described in the Agency Agreements that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes, assessments or other charges); (iii) the retention of any rental income or other income arising with respect to the Project collected by Borrower after an Event of Default to the full extent of the rental income or other income retained and collected by Borrower after the giving of any such notice, and not used to pay Operating Expenses of the Project; (iv) the misapplication of any proceeds under any insurance policies or awards resulting from condemnation or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any portion of the Project; and (v) breach of any environmental covenant or representation made by the Borrower relating to the Project. 6. Obligation of Borrower Unconditional. The obligation of Borrower to repay the Agency Loan and all accrued interest thereon shall be absolute and unconditional, and until such time as all of the outstanding principal of and interest on this Note shall have been fully paid, Borrower agrees that it: (a) will use the funds solely for the purposes set forth herein; and (b) will not terminate or suspend any payment or obligations under this Note, the Agreement, or any other document executed hereunder or in connection herewith for any cause, including without limitation, any acts or circumstances that may constitute failure of consideration, commercial frustration of purpose, or any duty, liability or obligation arising out of or in connection with this Note, the Agreement or any document executed hereunder or in connection herewith. 7. Purpose of Agency Loan. The Agency Loan proceeds shall be used by Borrower as provided in the Agreement and for such other uses previously approved in writing by Agency. In no event shall Borrower use or otherwise invest the proceeds of the Agency Loan except as expressly provided in this Note. 8. Covenants of Borrower. As additional consideration for the making of the Agency Loan by Agency, Borrower covenants as follows: 8.1 Compliance with Agreement Agency Regulatory Agreement and Deed of Trust. Borrower shall comply with all of its obligations under the Agreement, Agency Regulatory Agreement and the Agency Deed of Trust. Any amounts payable by Borrower under the Agreement, Agency Regulatory Agreement or the Agency Deed of Trust (other than amounts also payable hereunder) shall be deemed added to the principal amount of the Agency Loan payable hereunder. 8.2 Other Loans. Borrower shall comply with all monetary and non -monetary covenants associated with any loan secured by an interest in the Property or the Project. Borrower shall provide to Agency a copy of any notice of default within five business days after receiving any notice of a default or alleged default of such covenants by Borrower, and Borrower shall promptly cure any such default and cooperate in permitting Agency, to the extent Agency in its sole discretion elects to do so, to cure or assist in curing the default. Any cost or 882/015610.0047 ATTACHMENT NO. 5 C t t> 715762.03 ao7/31/06 Page 8 of 15 expenditure incurred by Agency in providing or assisting in such a cure shall be deemed added to the outstanding principal amount of the Agency Loan. 8.3 Payment of Partnership Management Fee. Borrower shall not make any payments of the Partnership Management Fee unless and until Operating Income exceeds Operating Expenses. 9. Assignment of this Note. This Note shall be assignable by Borrower in compliance with Section 109 of the Agreement. Notwithstanding anything which may be or appear to be herein to the contrary, no purported assignment of this Note and/or the Agency Loan shall be effective if such assignment would violate the terms, conditions and restrictions of any Governmental Regulations. Agency's consent to such assignment shall be expressly conditioned upon (a) ,the assignee's execution of such documents as required by Agency including, without limitation, any and all documents deemed necessary by Agency to provide for said assignee's assumption of all of the obligations of Borrower hereunder and under the Agency Agreements, and (b) Agency's approval of the financial and credit worthiness of such proposed assignee. 10. Events of Default and Remedies. 10.1 Borrower Events of Default. The occurrence of any of the following shall, after the giving of any notice described therein, constitute an event of default by Borrower hereunder ("Event of Default"): (a) The failure of Borrower to pay or perform any monetary covenant or obligation under the terms of this Note without curing such failure within ten (10) days after receipt of written notice of such default from Agency (or from any party authorized by Agency to deliver such notice as identified by Agency in writing to Borrower); (b) The failure of Borrower to perform any non -monetary covenant or obligation under this Note without curing such failure within thirty (30) days after receipt of written notice of such default from Agency (or from any party authorized by Agency to deliver such notice as identified by Agency in writing to Borrower) specifying the nature of the event or deficiency giving rise to the default and the action required to cure such deficiency. Provided, however, that if any default with respect to a non -monetary obligation is such that it cannot be cured within a 30-day period, it shall be deemed cured if Borrower commences the cure within said 30-day period and diligently prosecutes such cure to completion thereafter. Notwithstanding anything herein to the contrary, the herein described notice requirements and cure periods shall not apply to any Event of Default described in Sections 10.1(d) through 10.1(i) below; (c) The failure of Borrower to perform any covenant or obligation under the Agreement, Agency Deed of Trust or Agency Regulatory Agreement, unless the default is cured within the applicable cure period (if any). (d) The material falsity of any representation or breach of any representation or warranty made by Borrower under the terms of this Note, the Agreement, the Agency Regulatory Agreement or the Agency Deed of Trust; 882/015610-0047 ATTACHMENT NO. 5 715762.03 a07/31/06 Page 9 of 15 (e) Borrower or any constituent member or general partner, or majority shareholder, of Borrower shall (1) apply for or consent to the appointment of a receiver, trustee, liquidator or custodian or the like of its property, (ii) fail to pay or admit in writing its inability to pay its debts generally as they become due, (iii) make a general assignment for the benefit of creditors, (iv) be adjudicated a bankrupt or insolvent or (v) commence a voluntary petition that is not withdrawn within ten (10) days of the filing thereof or answer seeking an arrangement with creditors or an order for relief or seeking to take advantage of any insolvency law or file an answer admitting the material allegations of a petition filed against it in any bankruptcy or insolvency proceeding; (f) If without the application, approval or consent of Borrower, a proceeding shall be instituted in any court of competent jurisdiction, under any law relating to bankruptcy, in respect of Borrower or any constituent member or general partner or majority shareholder of Borrower, for an order for relief or an adjudication in bankruptcy, a composition or arrangement with creditors, a readjustment of debts, the appointment of a trustee, receiver, liquidator or custodian or the like of Borrower or of all or any substantial part of Borrower's assets, or other like relief in respect thereof under any bankruptcy or insolvency law, and, if such proceeding is being contested by Borrower, in good faith, the same shall (i) result in the entry of an order for relief or any such adjudication or appointment, or (ii) continue undismissed, or pending and unstayed, for any period of ninety (90) consecutive days; (g) Voluntary cessation of the operation of the Project for a continuous period of more than thirty (30) days or the involuntary cessation of the operation of the Project for a continuous period of more than sixty (60) days; (h) A transfer in violation of Section 109 of the Agreement; or (i) Subject to the notice and cure provisions set forth in the Agreement, Borrower shall be in default under any of the terms of the Senior Financing, junior financing, other financing, or any other secured or unsecured obligation relating to the Project, unless the default is cured within the cure period, if any, applicable thereto under the terms and obligation which is in default. 10.2 Agency Remedies. Upon the occurrence and during the continuance of an Event of Default hereunder, Agency may, in its sole discretion, take any one or more of the following actions: (a) By notice to Borrower, except in the case of a default by Borrower under Section 10.1(d) or Section 10.1(e) in which event no notice pursuant to this Note shall be required, declare the entire then unpaid principal balance of the Agency Loan immediately due and payable, and the same shall become due and payable without further demand, protest or further notice of any kind, all of which are expressly waived. Upon such declaration, outstanding principal and (to the extent permitted by law) interest and any other sums outstanding in connection with the Agency Loan shall thereafter bear interest at the Default Rate, payable from the date of such declaration until paid in full; w� ATTACHMENT NO. 5+ / 882/015610-0047 715762.03 a07/31/06 Page 10 of 15 (b) Subject to the nonrecourse provisions of Section 5 above, take any and all actions and do any and all things which are allowed, permitted or provided by law, in equity or by statute, in the sole discretion of Agency, to collect the amounts then due and thereafter to become due hereunder, to exercise its rights under the Agency Deed of Trust, and to enforce performance and observance of any obligation, agreement or covenant of the Borrower under this Note, the Agreement or under any other document executed in connection herewith; (c) Subject to the nonrecourse provisions of Section 5 above, upon the occurrence of an Event of Default which is occasioned by Borrower's failure to pay money, Agency may, but shall not be obligated to, make such payment. If such payment is made by Agency, Borrower shall deposit with Agency, upon written demand therefor, such sum plus interest at the Default Rate. In either case, the Event of Default. with respect to which any such payment has been made by Agency shall not be deemed cured until such repayment (as the case may be) has been made by Borrower. Until repaid, such amounts shall have the security afforded disbursements under this Note; or (d) Subject to the nonrecourse provisions of Section 5 above, upon the occurrence of an Event of Default described in Section 10.1(e) or 10.1(f) hereof, Agency shall be entitled and empowered by intervention in such proceedings or otherwise to file and prove a claim for the whole amount owing and unpaid on the Agency Loan and, in the case of commencement of any judicial proceedings, to file such proof of claim and other papers or documents as may be necessary or advisable in the judgment of Agency and its counsel to protect the interests of Agency and to collect and receive any monies or other property in satisfaction of its claim. 10.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Agency intended to be exclusive of any other available remedy or remedies, but each such remedy shall be cumulative and shall be in addition to every other remedy given under this Note or now existing at law or in equity or by statute; and may be exercised in such number, at such times and in such order as Agency may determine in its sole discretion. No delay or omission to exercise any right or power upon the occurrence of any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient by Agency. In order to entitle Agency to exercise any right or remedy reserved to it under this Note, no notice shall be required except as expressly provided herein. 11. Agreement to Pqy Attorneys' Fees and Expenses. In the event that Agency brings an action or files a proceeding in connection with the enforcement of its rights under this Note, as a consequence of any breach by Borrower of its obligations hereunder, the prevailing party in such action or proceeding shall be entitled to have its reasonable attorneys' fees and out-of-pocket expenditures paid by the losing party. The attorneys' fees so recovered shall include fees for prosecuting or defending any appeal and shall be awarded for any supplemental proceedings until the final judgment is satisfied in full. In addition to the foregoing award of attorneys' fees, the prevailing party in any lawsuit on this Note shall also be entitled to its attorneys' fees incurred in any post judgment proceedings to collect or enforce the judgment. In addition to the foregoing, Borrower agrees to pay or ATTACHMENT NO. 5 882/015610-0047 715762.03 a07/31/06 Page 11 of 15 ' A -_ reimburse Agency, upon demand by Agency, for all costs incurred by Agency in connection with enforcement of this Note, including without limitation, reasonable attorneys' fees and costs, if there shall be filed by or, against Borrower any proceedings under any federal or state bankruptcy or insolvency laws, whether Agency is a creditor in such proceedings or otherwise. 12. Conflict of Interest; No Individual Liability. No official or employee of Agency shall have any personal interest, direct or indirect, in this Note, nor shall any official or employee of Agency participate in any decision relating to this Note which affects such official's or employee's pecuniary interest in any corporation, partnership or association in which such official or employee is directly or indirectly interested. No official or employee of Agency shall be personally liable in the event of a breach of this Note by Agency. 13. Amendments, Changes and Modifications. This Note may not be amended, changed, modified, altered or terminated without the prior written consent of the parties hereto. 14. Notices. All notices, demands, requests, elections, approvals, disapprovals, consents or other communications given under this Note shall be in writing and shall be given by personal delivery, certified mail, return receipt requested, or overnight guaranteed delivery service and addressed as follows: To Agency La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attention: Executive Director Copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attention: M. Katherine Jenson, City Attorney To Borrower: Southern California Housing Development Corporation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 Attn: Executive Director Copy to: Law Office of Edward A. Hopson 655A North Mountain Avenue Upland, CA 91786 Attn: Edward A. Hopson, Esq. 882/015610-0047 ATTACHMENT NO. 5 C 715762.03 a07/31/06 Page 12 of 15 ti Any Notice shall be deemed received immediately if delivered by hand and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. A notice signed by legal counsel for a party and delivered to the other party in accordance with this Section shall be deemed notice delivered by the party on whose behalf such legal counsel is acting. 15. Severability. The invalidity or unenforceability of any one or more provisions of this Note will in no way affect any other provisions. 16. Interpretation. Whenever the context requires, all words used in the singular will be construed to have been used in the plural, and vice versa, and each gender will include any other gender. The captions of the paragraphs of this Note are for convenience only and do not define or limit any terms or provisions. Time is of the essence in the performance of this Note by Borrower. Each of Borrower and Agency has been represented by counsel in the negotiation of this Note, and no provision of this Note shall be interpreted in favor of or against either of Borrower or Agency on account of relative responsibilities in drafting. Notwithstanding any other provision of this Note, nothing herein or in this Note shall be deemed to require Borrower to pay interest in an amount in excess of any applicable usury law or other legal limitation on interest, and the terms of this Note shall be interpreted to require in each instance the lesser of (a) the amount stated in this Note, and (b) the maximum applicable legal limit. 17. No Waiver; Consents. Any waiver by Agency must be in writing and will not be construed as a continuing waiver. No waiver will be implied from any delay or failure by Agency to take action on account of any default of Borrower. Consent by Agency to any act or omission by Borrower will not be construed to be a consent to any other or subsequent act or omission or to waive the requirements for Agency's consent to be obtained in any future or other instance. 18. Governing Law. This Note shall be governed by the internal laws of the State of California without regard to conflict of law principles. 19. Representations and Warranties of Borrower. Borrower hereby warrants and represents to Agency that: 19.1 Organization and Standing. Borrower is a California legal entity, duly organized, qualified to operate in California and validly existing and in good standing under all applicable laws, and has all requisite power and authority to enter into and perform its obligations under this ATTACHMENT NO. 5 882/015610-0047 13 of 15 715762.03 a07/31/06 Page �) . Note, the Agreement, the Agency Deed of Trust, the Agency Regulatory Agreement and all other documents executed in connection herewith. 19.2 Enforceability. This Note and all other instruments to be executed by Borrower in connection with the Agency Loan constitute the legal, valid and binding obligation of Borrower, without joinder of any other party. 19.3 Authorization and Consents. The execution, delivery and performance of this Note and all other instruments to be executed in connection herewith is consistent with the operating agreement, partnership agreement or articles and bylaws governing Borrower and have been duly authorized by all necessary action of Borrower's members, partners, directors, officers and shareholders. 19.4 Due and Valid Execution. This Note and all other instruments to be executed in connection herewith, will, as of the date of their execution, have been duly and validly executed by Borrower. 19.5 Licenses. Borrower will obtain and maintain all material licenses, permits, consents and approvals required by all applicable governmental authorities to own and operate the Project. 19.6 Litigation and Compliance. To the best of Borrower's knowledge, there are no suits, other proceedings or investigations pending or threatened against, or affecting the business or the properties of Borrower (other than those as have been previously disclosed in writing to Agency) which could materially impair its ability to perform its obligations under this Note, nor is Borrower in violation of any laws or ordinances which could materially impair Borrower's ability to perform its obligations under this Note. 19.7 Default. To Borrower's current actual knowledge, there are no facts now in existence which would, with the giving of notice or the lapse of time, or both, constitute an "Event of Default" hereunder, as described in Section 10. 19.8 No Violations. To the best of Borrower's knowledge, the execution and delivery of this Note, the Agreement and all other documents executed or given thereunder, and the performances hereunder and thereunder by Borrower, as applicable, will not constitute a breach of or default under any instrument or agreement to which Borrower may be a party nor, to the best of Borrower's knowledge, will the same constitute a breach of or violate any law or governmental regulation. 20. Approvals. Any review or approval of any matter by the Agency or any Agency official or employee under this Note shall be solely for the benefit of Agency, and neither Borrower nor any other person shall rely upon such review or approval as an indication of the wisdom, soundness, safety, appropriateness, or presence or absence of any matter. Without limiting the generality of the foregoing, except as may be otherwise provided in the Agreement, Borrower and not Agency shall be solely responsible for assuring compliance with laws, the suitability of the Property for ATTACHMENT NO. 5 882/015610-0047 r 715762.03 a07/31/06 Page 14 of 15 the Project, the adequacy of the plans, and the safety of the Project construction site, the completed Project, and the operation thereof. 21. Good Faith and Fair Dealing. Borrower agrees to perform all of its obligations and the actions required of Borrower hereunder in good faith and in accordance with fair dealing. 22. Waiver. Subject to Section 5, Borrower agrees that it will still be liable for repayment of this Note, even if the holder hereof does not follow the procedures of presentment, protest, demand, diligence, notice of dishonor and of nonpayment, which requirements are hereby waived. Failure of Agency or other holder hereof to exercise any right or remedy hereunder shall not constitute a waiver of any future or other default. No acceptance of a past due installment or indulgence granted from time to time shall be construed to be a waiver of, or to preclude the exercise of, the right to insist upon prompt payment thereafter or to impose late charges retroactively or prospectively, or to waiver or preclude the exercise of, the right to insist upon prompt payment thereafter or to impose late charges retroactively or prospectively, or to waive or preclude the exercise of any other rights which Agency may have. [End — Signature Page Follows] ATTACHMENT NO. 5 r 88Z/015610-0047 ej 'j J 715762.03 a07/31/06 Page 15 of 15 IN WITNESS WHEREOF, Borrower has executed this Note as of the date and year first above written. THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation By: Its: Richard J. Whittingham, CFO ATTACHMENT NO. 5 882/015610-0047 Page 16 of 15 715762.03 a07/31/06 g ATTACHMENT NO.6 AGENCY DEED OF TRUST [SEE FOLLOWING DOCUMENT] -7 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. 6 Recording Requested By And When Recorded Return to: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEE PER GOV. CODE § 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS AND RIDERS ATTACHED HERETO NOTE: RIDERS ATTACHED TO THIS DEED OF TRUST CONTAINING TERMS INCLUDING SECURITY AGREEMENT AND FIXTURE FILING. This DEED OF TRUST WITH ASSIGNMENT OF RENTS AND RIDERS ATTACHED HERETO ("Deed of Trust"), is made I , between THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation, herein called TRUSTOR, whose address is 9065 Haven Avenue, Suite 100, Rancho Cucamonga, CA 91730, Chicago Title 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 ELEVEN MILLION SEVEN HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED SEVENTY-ONE DOLLARS ($11,745,571), 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 makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms 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 BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Marin 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 ,y Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 S ATTACHMENT NO. 6 882/015610-0047 Page 1 of 10 715762.03 a07/31/06 g COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 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, terms and provisions contained in said subdivisions A and B (identical in all counties, and printed on pages 3 and 4 hereof) 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 RIDERS ATTACHED TO THIS DEED OF TRUST STATE OF CALIFORNIA COUNTY OF On before me, Signature of Trustor } THE SOUTHERN CALIFORNIA HOUSING } DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names(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 signatures(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. Signature (This area for official notarial seal) LZA Richard J. Whittingham, CFO G Mt 9 ATTACHMENT NO.6 882/015610-0047 Page 2 of 1 0 715762.03 a07/31/06 g 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 property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer 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 of default 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 least ten (10) days before delinquency all 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. 5) 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: 1) That any award in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and 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 fire 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 due of all other sums so secured or to declare default for failure so to pay. 3) That at any time 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 for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat 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 reconveyance 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 Beneficiary 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.6 882/015610-0047 Page 3 of 10 715762.03 a07/31/06 g 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 determine. 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 agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default 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 for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures 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 may 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 time 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, legatees, 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 feminine 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 sale 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 terms 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 same. Dated Please mail Deed of Trust, Note and Reconveyance 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 made. e 882/015610ooa7 ATTACHMENT NO. 6 715762.03 ao7/31/06 Page 4 of 10 LEGAL DESCRIPTION OF PROPERTY All of that certain real property in the City of La Quinta, County of Riverside, State of California, described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. 882/015610-0047 ATTACHMENT NO. 6 715762.03 a07/31/06 Page 5 of 10 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 THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, 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 (i) that certain Promissory 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 Note"), and (ii) to the Agency Agreements which are described in the Agency Note. The parties hereto agree: 1. 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") 2. Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following obligations ("Secured Obligations"): a. Payment to Beneficiary of all indebtedness at any time owing under the terms of the Agency Note; b. Payment and performance of all obligations of Trustor under this Deed of Trust; Payment and performance of all obligations of Trustor under the Agency Agreements. d. Payment and performance 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. Trustor's grant hereunder is subject to the nonrecourse provisions in Section 5 of the Agency Note, which are incorporated herein by this reference as though set forth in full. 633 ATTACHMENT NO. 6 882/015610-0047 715762.03 a07/31/06 Page 6 of 10 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. 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. Mortgagee -in -Possession. 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 way 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, subject to the rights of any senior lienholders, 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 performance 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 e I ,I ATTACHMENT NO. 6 982/015610-0047 715762.03 a07/31/06 Page 7 of 10 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 been cured within any applicable cure period, Beneficiary, to the extent permitted by law 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 [SIGNATURE ON NEXT PAGE] ATTACHMENT NO. 6 882/015610-0047 715762.03 a07/31/06 Page 8 of 10 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: THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation WM Richard J. Whittingham, CFO. £' n ATTACHMENT NO.6 882/015610-0047 Page 9 of 10 715762.03 a07/31/06 g STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] G 3 7 ATTACHMENT NO. 6 882/015610-0047 Page 1 0 of 1 0 715762.03 a07/31/06 g ATTACHMENT NO. 7 REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS [SEE FOLLOWING DOCUMENT] G 3 3 "2/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director (Space Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code 27383) REGULATORY AGREEMENT AND DECLARATION OF -COVENANTS AND RESTRICTIONS This REGULATORY AGREEMENT AND DECLARATION OF COVENANTS AND RESTRICTIONS ("Agreement") is made and entered into this day of , ("Effective Date"), by and between LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency") and THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("Developer"). RECITALS: A. Developer is the owner of fee title to that certain real property more particularly described in Exhibit "A", attached hereto and incorporated by reference herein (the "Site"). B. Pursuant to an Affordable Housing Agreement by and between Developer and Agency dated (the "AHA"), Agency provided financial assistance to Developer in the sum of Eleven Million Seven Hundred Forty -Five Thousand Five Hundred Seventy -One Dollars ($11,745,571) (the "Agency Loan") for the purpose of assisting Developer to acquire the Site, which has been improved with an affordable rental apartment complex containing eighty (80) units (the "Project"). The AHA requires Developer to enter into this Agreement, which provides, among other requirements, that with the exception of the Management Unit, all of the apartment units within the Project be rented to and occupied by "Eligible Tenants"(as that term is defined in Section 1.9 below). The AHA is incorporated herein as if fully set forth. C. Reference is also made to the following documents, of even date herewith: (i) Promissory Note by Developer as Borrower in favor of the Agency as lender ("Agency Note"). The Agency Note evidences the Agency Loan. (ii) Deed of Trust with Assignment of Rents, by and between Developer as borrower and Agency as beneficiary, and recorded in the Office of the Riverside County Recorder ("Agency Deed of Trust"). The -Agency Deed of Trust secures (a) repayment of the Agency Note, and (b) performance of Developer's obligations hereunder. C ATTACHMENT NO. 7 882/015610-0047 Page 1 of 46 715762.03 a07/31/06 g The Agency Note and the Agency Deed of Trust are referred to herein collectively as the "Agency Agreements." The Agency Agreements are incorporated herein as if fully set forth. D. To assist Developer with acquiring the Project, Developer has obtained low income housing tax credits from the Tax Credit Allocation Committee (the "TCAC") 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. (the "Tax Credits"). In connection with obtaining the Tax Credits, Developer has entered into, or will enter into, with TCAC a regulatory agreement to be recorded in the Official Records of the County of Riverside (the "Tax Credit Regulatory Agreement"). E. Pursuant to the AHA and the Agency Agreements, Developer has agreed to own, operate, manage, and maintain the affordable rental housing project constructed on the Site by Agency, with all of the units thereon except the Management Unit restricted to rental to and occupancy by Eligible Tenants. F. Agency and Developer now desire to place restrictions upon the use and operation of the Site, in order to ensure that the Site shall be operated continuously, for a period of fifty- five (55) years from the Effective Date, as an affordable rental apartment complex in accordance with the terms hereof. AGREEMENT: NOW, THEREFORE, the Developer and Agency declare, covenant and agree, by and for themselves, their heirs, executors, administrators, successors and assigns, and all persons claiming under or through them, that, commencing upon the Effective Date and continuing for a period of fifty-five (55) years following the Effective Date, as follows: 1.0 DEFINITIONS. 1.1 "45% Very Low Income Household" shall mean a household whose annual income does not exceed forty-five percent (45%) of AMI, adjusted for family size. 1.2 Affiliate. As used in this Agreement, the term "Affiliate" shall mean any person or entity directly or indirectly, through one or more intermediaries, controlling, controlled by or under common control with Developer which, if Developer is a partnership or limited liability company, shall include each of the constituent members or general partners, respectively, thereof. The term "control' as used in the immediately preceding sentence, means, with respect to a person that is a corporation, the right to the exercise, directly or indirectly, of more than 50% of the voting rights attributable to the shares of the controlled corporation, and, with respect to a person that is not a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled person. 1.3 Affordable Rent. As used in this Agreement, the term "Affordable Rent" shall mean the amount of monthly rent, including a reasonable utility allowance, that does not exceed the maximum allowable rent to be charged by Developer and paid by Very Low Income Households, 45% Very Low Income Households, or Extremely Low Income Households occupying the Units as determined pursuant to Health and Safety Code Section 50053(b), as of 3 ATTACHMENT NO. 7 882/015610-0047 Page 2 of 46 715762.03 a07/31/06 g 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. Subject to Section 3.11 herein, the tenant utility allowance shall be determined by the Executive Director. 1.4 AMI. As used in this Agreement, the term "AMI" or "Area Median Income" shall mean the median family income 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 annually to publish median incomes, the parties will agree upon an adequate substitute manner for determining AMI. 1.5 Approved Budget. As used in this Agreement, the term "Approved Budget" has the meaning ascribed in Section 3.13 of this Agreement. 1.6 Capital Improvements. As used in this Agreement, the term "Capital Improvements" means all work and improvements with respect to the Site for which costs and expenses may be capitalized in accordance with generally accepted accounting principles in effect from time to time, consistently applied. 1.7 Cash Flow. As used in this Agreement, the term "Cash Flow" means, for the applicable period, Net Operating Income less Debt Service. 1.8 CPI. As used in this Agreement, the term "CPI" means 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), or, if the CPI is discontinued, such official index as may then be in existence and which is most nearly equivalent to the CPI. 1.9 Debt Service. As used in this Agreement, the term "Debt Service" means scheduled debt service (including impounds, expenses, and other amounts payable) on any loan that is senior to the Agency Loan. 1.10 Eligible Tenant. As used in this Agreement, the term "Eligible Tenant" shall mean a household which qualifies as a Very Low Income Household, an Extremely Low Income Household, or a 45% Very Low Income Household. 1.11 Executive Director. As used in this Agreement, the term "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 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. 1.12 Extremely Low Income Household. As used in this Agreement, have the meaning as set forth in Health and Safety Code Section 50106, or successor statute. e3� ATTACHMENT NO. 7 882/015610-0047 Page 3 Of 46 715762.03 a07/31/06 g L 13 Management Unit. As used in this Agreement, the term "Management Unit" shall have the meaning ascribed in Section 2.6 hereof. 1.14 Moderate Income Household. As used in this Agreement, the term "Moderate Income Household" shall have the meaning as set forth in Health and Safety Code Section 50093, or any successor statute. 1.15 Net Operating Income. As used in this Agreement, the term "Net Operating Income" shall mean, for the applicable period of time, (i) the amount, if any, by which Operating Income for such period exceeds Operating Expenses paid by Developer during such period; and, provided there is such an excess, less (ii) the Partnership Management Fee. 1.16 Operating_ Expenses. As used in this Agreement, the terms "Operating Expenses" shall mean, for the applicable period of time, all costs and expenses reasonably incurred by Developer in the ordinary course of the management, ownership, and/or operation of the Property by Developer, including the funding of reasonable reserves and all of the following: (a) the cost of utilities supplied to and used for the Property not paid by the tenants thereof, including trash removal, electricity, water, sewer and gas; (b) the cost of all insurance required for the Property to satisfy the requirements contained in Senior Loan Documents; (c) ad valorem tax and assessments payments; (d) to the extent included in the Approved Budget and not paid for out of the Capital Replacement Reserve, the following fees, costs and expenses: maintenance and repair expenses and services, including material and labor, including charges for public services such as sewer charges, license and permit fees, goods, commodities, materials and equipment, and including all contract repairs and services and maintenance and repair of all furniture, furnishings and fixtures; painting, cleaning; pest control; gardening; rubbish removal; graffiti removal; advertising, marketing and promotion; leasing commissions; accounting, audit and legal expense attributable to the Property; and office expenses incurred in operation of the Property; (e) salaries, wages, rent payment or allocation, and other compensation due and payable to the employees or agents of the Developer employed on -site in connection with the maintenance, administration or operation of the Property, together with all withholding taxes, insurance premiums, social security payments and other payroll taxes or payments required in connection with such employees; (f) costs of security services supplied to the Property, if any; (g) payment of an asset management fee, on an annual basis in an amount not to exceed Dollars ($ }, increasing annually by three percent (3%) of the then -current amount; (h) payment of a fee, on an annual basis, to cover the cost of coordinating the social services required pursuant to the Management Plan in an amount not to exceed the then -current amount amount not to exceed percentage increase in Dollars ($`), increasing annually by percent C_%) of (i) payment of a property management fee, on an annual basis, in an Dollars ($___) per unit per month, increasing annually by the area median income for the County of Riverside for the neriod in question; 6) payment of a fee, on an annual basis, to cover the cost of administering and accounting for the affordability requirements set forth in the Agency Regulatory Agreement in an amount not to exceed Dollars ($_), increasing annually by the percentage increase in the area median income in the County of Riverside for the period in question; (k) payment of Developer's annual contribution to the Capital Replacement Reserve; (1) payment of Developer's annual Contribution to the Operating Reserve; and (m) payment of Debt Service. Operating Expenses shall not include any expenses for Capital Improvements, ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 4 of 46 ern except for Capital Improvements allowed in the Approved Budget, approved by any lender providing Senior Financing, or approved, with such approval not to be unreasonably withheld or delayed, by the Executive Director. Operating Expenses shall be calculated on a cash basis. Operating Expenses shall not include (aa) repairs or replacements paid from insurance proceeds received by the Borrower, or (bb) depreciation of buildings or other similar non -cash items of expense. 1.17 Operating Income. As used in this Agreement, the term "Operating Income" shall mean for the applicable period of time, all proceeds received by Borrower from the operation of the Property and from any and all sources resulting from or attributable to the operation of the Property, including, without limitation, all rentals, parking receipts, laundry income received by Borrower, forfeited Security Deposits, and all expense reimbursements paid to Borrower by tenants of the Property. Operating Income shall be calculated on a cash basis. Operating Income excludes insurance proceeds and/or condemnation proceeds, and all interest earned and paid on required reserve account. 1.18 Qualified Tax Credit Investor. As used in this Agreement, the term "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 States 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 owner of the Project and the right to receive Tax Credits. 1.19 Restricted Unit Matrix. As used in this Agreement, the term "Restricted Unit Matrix" shall mean that certain affordability matrix attached hereto and incorporated herein as Exhibit "F". 1.20 Tax Credit Program. As used in this Agreement, the term "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. 1.21 Tax Credits. As used in this Agreement, the term "Tax Credits" shall mean the low income housing tax credits granted by TCAC for the Project pursuant to the Tax Credit Program. 1.22 Tax Credit Regulatory Agreement. As used in this Agreement, the term "Tax Credit Regulatory Agreement" shall mean that certain regulatory agreement to be recorded ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 5 of 46 against the Site as a condition of the receipt by the Project of an allocation by TCAC of nine percent (9%) Tax Credits. 1.23 TCAC. As used in this Agreement, "TCAC" shall mean the California Tax Credit Allocation Committee. 1.24 Unit. As used in this Agreement, the term "Unit" or "unit" shall mean a rental apartment dwelling unit on the Site. 1.25 Very Low Income Household.. As used in this Agreement, the term "Very Low Income Household" shall have the meaning as set forth in Health and Safety Code Section 50105, or any successor statute. 2.0 RESIDENTIAL RENTAL PROPERTY. 2.1 Residential Use. Without the Agency's prior written consent, which consent may be given or withheld in its sole and absolute discretion, none of the Units in the Project will at any time be utilized on a transient basis or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, or trailer court or park, nor shall the Units be used for day care facilities or as a place of business except as may otherwise be allowed by applicable law. 2.2 Conversion of Units. No part of the Project will at any time be owned by a cooperative housing corporation, nor shall the Developer take any steps in connection with the conversion to such ownership or uses to condominiums, or to any other form of ownership, without the prior written approval of Agency which approval may be given or withheld in its sole and absolute discretion. 2.3 No Preference. All of the Units will be available for rental in accordance with the terms of this Agreement, and the Developer shall not give preference to any particular class or group of Eligible Tenants in renting the Units in the Project, except as provided in Section 3.4 below. 2.4 Resident Manager Unit. Notwithstanding anything to the contrary in this Agreement, one (1) of the Units may be occupied by on -site management (the "Management Units"). The Management Unit shall be restricted for rental to and occupancy by a Moderate Income Household at an affordable rent, as determined pursuant to. Health and Safety Code Section 50053. As of the Effective Date, affordable rent, including a reasonable utility allowance, for a Moderate Income Household is no more than the product of thirty percent (30%) of one hundred ten percent (110%) of AMI adjusted for family size appropriate for the Unit. 2.5 Liability of Developer. Developer and any manager it employs shall not incur any liability under this Agreement as a result of fraud or intentional misrepresentation by a tenant. 3.0 OCCUPANCY OF RESTRICTED UNITS BY ELIGIBLE TENANTS. Developer hereby represents, warrants, and covenants as follows: ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 6 of 46 3.1 Occupancy Levels. Except as expressly provided herein, throughout the term of this Agreement, the Units shall be continuously occupied or held vacant and available for occupancy by Eligible Tenants. 3.2 Ocottpancy By Eligible Tenant. A Unit occupied by an Eligible Tenant who qualified as an Eligible Tenant at the commencement of the occupancy shall be treated as occupied by an Eligible Tenant throughout their tenancy. A Unit previously occupied by an Eligible Tenant and then vacated shall be considered occupied by an Eligible Tenant until the Unit is reoccupied, provided Developer uses its best efforts to re -lease the vacant Unit to an Eligible Tenant. Any vacated Unit shall be held vacant until re -leased to an Eligible Tenant. Developer shall take any or all of the following actions, as necessary, to locate Eligible Tenants for the Project: (i) notification to the City of the available Unit; (ii) advertisement of the available Unit in a newspaper of general circulation in the City; and (iii) contacting and notifying the Riverside County Housing Authority in writing of the available Unit. 3.3 Income Computation and Certification. Immediately prior to an Eligible Tenant's occupancy of a Unit, Developer shall obtain an Income Computation and Certification Form in the form attached hereto and incorporated herein as Exhibit "B", or on a similar form required by TCAC (the "TCAC Income Certification form") if the TCAC Income Certification Form requires inclusion of the same information as required in Exhibit `B", from each such Eligible Tenant dated no more than 90 days prior to the date of initial occupancy in the Project by such Eligible Tenant. In addition, Developer shall provide such further information as may be reasonably required in the future by the Agency for purposes of verifying a tenant's status as an Eligible Tenant, provided the same is reasonably available to Developer without unreasonable expense in connection with obtaining the same. Developer shall use good faith efforts to verify that the income provided by an applicant is accurate by taking the following steps as a part of the verification process: (i) obtain three (3) pay stubs for the most recent pay periods; (ii) obtain a written verification of income and employment from the applicant's current employer; (iii) obtain an income verification form from the Social Security Administration, California Department of Social Services, and/or California Employment Development Department if the applicant receives assistance from any of said agencies; (iv) if an applicant is unemployed or did not file a tax return for the previous calendar year, obtain other evidence and/or verification of such applicant's total income received during the calendar year from any source, taxable or nontaxable, or such other information as is satisfactory to the Agency. Developer shall maintain in its records each Income Computation and Certification Form obtained pursuant to this section for a minimum of five (5) years. 3.4 Rental Priority. During the term of this Agreement, Developer shall use its reasonable commercial efforts to lease the Units to credit -worthy Eligible Tenants in the following order of priority: (i) displaced persons entitled to a preference pursuant to California Health and Safety Code Section 33411.3 or successor statute; and (ii) other persons meeting the eligibility requirements of this Agreement. Developer shall, and Agency may, maintain a list (the "Housing List") of persons who have notified Developer and/or Agency of their desire to rent a Unit in the Project and who have incomes which would qualify them as an Eligible Tenant, and Developer shall offer to rent units on the above -referenced priority basis; provided, however, that Developer shall not be required to prequalify persons on the Housing List. Should multiple tenants be equally eligible (as to income, credit history, and other nondiscriminatory criteria) and 882/015610-0047 ATTACHMENT NO. 7° 715762.03 a07/31/06 Page 7 of 46 qualified to rent a unit, Developer shall rent available Units to Eligible Tenants on a first -come, first -served basis. 3.5 Recertification. Within sixty (60) days prior to the first anniversary date of the occupancy of a Unit by an Eligible Tenant, and on each anniversary date thereafter, Developer shall recertify the income of such Eligible Tenant by obtaining a completed Income Recertification Form, in the form attached hereto and incorporated herein as Exhibit "C", based upon the current income of each known occupant of the Unit; provided, however, that if the TCAC Regulatory Agreement, or a regulatory agreement required to be entered into by Developer as a condition to obtaining tax-exempt bonds to finance the Project, requires Developer to obtain a recertification form which requires inclusion of the same information as required in Exhibit "C", then Developer shall not be deemed to be in default hereunder if during the term of the TCAC Regulatory Agreement or bond regulatory agreement (as applicable) Developer obtains from each Eligible Tenant the TCAC recertification form or the recertification form required pursuant to the bond regulatory agreement. 3.6 Determination of Affordable Rent. All Units shall be rented at an Affordable Rent. 3.6.1 Rent Schedule and Utility Allowance. Subject to Section 3.11 hereof, Agency will establish maximum monthly allowances for utilities and services to be used by the Developer in calculating Affordable Rent. Developer shall submit to Executive Director for review and approval the Affordable Rent proposed by Developer for all of the Units. The Executive Director shall approve such proposal if it complies with the terms of this Agreement. The maximum monthly rent must be recalculated by Developer and reviewed and approved by the Agency annually. 3.6.2 Adjustment of Affordable Rent. Affordable Rent may change as changes in the applicable gross rent amounts, the income adjustments, or the monthly allowance for utilities and services warrant. Any increase in rents is subject to the provisions of outstanding leases. Developer must provide households occupying the Units not less than thirty (30) days prior written notice before implementing any rent increase. 3.7 Certification of Continuing_ Program Compliance. During the term of this Agreement, on or before each April 1 following the Term Commencement Date, Developer shall annually advise the Agency of the occupancy of the Project during the preceding calendar year by delivering a Certification of Continuing Program Compliance in the form attached hereto and incorporated herein as Exhibit "E", stating (i) the Units of the Project which have been rented to and are occupied by Eligible Tenants and (ii) that to the knowledge of Developer either (a) no unremedied default has occurred under this Agreement, or (b) a default has occurred, in which event the Certification shall describe the nature of the default and set forth the measures being taken by the Developer to remedy such default. Developer shall pay to Agency an annual fee pursuant to Health and Safety Code Section 33418(c) which shall not exceed FIVE HUNDRED DOLLARS ($500) as such amount shall be permitted to increase by the CPI from and after the date of this Agreement, or, if the CPI is discontinued, such official index as may then be in existence and which is most nearly equivalent to the CPI. ATTACHMENT NO. 7 �i O E7 882/015610-0047 715762.03 a07/31/06 Page 8 of 46 3.8 Maintenance of Records. Developer shall maintain complete and accurate records pertaining to the Units, and shall permit any duly authorized representative of the Agency, upon twenty-four (24) hours prior notice and during business hours, to inspect the books and records of Developer pertaining to the Project including, but not limited to, those records pertaining to the occupancy of the Units. 3.9 Reliance on Tenant Representations. Each tenant lease shall contain a provision to the effect that Developer has relied on the income certification and supporting information supplied by the tenant in determining qualification for occupancy of the unit, and that any material misstatement in such certification (whether or not intentional) will be cause .for immediate termination of such lease. Each such lease shall also include the lease rider attached hereto and incorporated herein as Exhibit "D" and shall state that occupation of the Unit is subject to the income restrictions described in this Agreement. 3.10 Remedy For Excessive Rent Charge. 3.10.1 Subject to Section 2.4 hereof, it shall constitute a default for Developer to charge or accept for any Unit rent amounts in excess of the amount provided for in Section 3.6 of this Agreement. In the event that Developer charges or receives such higher rental amounts, in addition to any other remedy Agency shall have for such default, Developer shall be required to pay to Agency an amount equal to two (2) times the entire amount of rent received in excess of the amount permitted pursuant to this Agreement. For purposes of this Section 3.10.1, the term "rent" shall not include Section 8 payments Developer receives in connection with the renting of any of the Units. 3.10.2 Subject to Section 2.4 hereof, and except as otherwise provided in this Agreement, it shall constitute a default for Developer to knowingly (or without investigation as required herein) initially rent any Unit to a tenant who is not an Eligible Tenant. In the event Developer violates this Section, in addition to any other equitable remedy Agency shall have for such default, Developer, for each separate violation, shall be required to pay to Agency an amount equal to (i) two times the greater of (A) the total rent Developer received from such ineligible tenant, or (B) the total rent Developer was entitled to receive for renting that Unit, plus (ii) any relocation expenses incurred by Agency or the City of La Quinta as a result of Developer having rented to such ineligible person. 3.10.3 It shall constitute a default for Developer to knowingly (or without investigation as required herein) rent a Unit in violation of the leasing preference requirements of Section 3.4 of this Agreement. In the event Developer violates this Section, in addition to any other equitable remedy Agency shall have for such default, Developer, for each separate violation, shall be required to pay Agency an amount equal to two (2) months of rental charges. The terms of this Section shall not apply if Developer rents to an ineligible person as a result of such person's fraud or misrepresentation. 3.10.4 Notwithstanding anything herein to the contrary and subject to Section 3.10.5 below, in the event Developer violates more than one provision of this Section 3.10 in the rental of a specific unit to a specific individual, Developer shall be required to pay to Agency for each such violation the amount listed under the subsection above (e.g., either 3.10.1, 3.10.2, or ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 9 of 46 G J -7 3.10.3) that results in the largest payment amount by Developer to the Agency under this Section 3.10, but not the amounts required pursuant to the other subsections, and upon Developer's payment thereof, the default under this Section 3.10 shall be deemed cured with respect to the default for which such penalty is assessed, except to the extent such violation continues after Developer's payment hereunder, in which event the amounts required to be paid pursuant to this Section 3.10 shall apply. THE PARTIES HERETO AGREE THAT THE AMOUNTS SET FORTH IN SECTION 3.10 (THE "DAMAGE AMOUNTS") CONSTITUTE A REASON- ABLE APPROXIMATION OF THE ACTUAL DAMAGES THAT AGENCY WOULD SUFFER DUE TO THE DEFAULTS BY DEVELOPER SET FORTH IN SECTIONS 3.10.1 THROUGH 3.10.3, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE DAMAGE AMOUNTS TO THE RANGE OF HARM TO AGENCY AND ACCOMPLISH- MENT OF AGENCY'S PURPOSE OF ASSISTING IN THE PROVISION OF AFFORDABLE HOUSING TO ELIGIBLE TENANTS THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AMOUNTS SET FORTH IN THIS SECTION 3.10 SHALL BE THE SOLE MONETARY DAMAGES REMEDY FOR THE DEFAULTS SET FORTH IN THIS SECTION 3.10, BUT NOTHING IN THIS SECTION 3.10 SHALL BE INTERPRETED TO LIMIT AGENCY'S REMEDY FOR SUCH DEFAULT TO SUCH A DAMAGES REMEDY AND IN THAT REGARD AGENCY MAY DECLARE A DEFAULT UNDER THE TERMS OF THE AGENCY NOTE OR OTHER OF THE AGENCY AGREEMENTS. IN PLACING ITS INITIAL AT THE PLACES PROVIDED HEREINBELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES OF THE LIQUIDATED DAMAGES PROVISION AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT. DEVELOPER'S INITIALS: AGENCY'S INITIALS: 3.10.5 Notwithstanding anything herein to the contrary, in the event Developer violates Section 3.10.1 hereof, to the extent the tenant from whom Developer charged excess rent still resides in the Project at the time Agency discovers this violation, or Developer knows the location of such tenant, Developer shall, in lieu of paying damages to Agency as described in Section 3.10.1 and 3.10.4 above, refund the tenant the entire amount of excess rent charged to such tenant, calculated with interest at the lesser of the maximum legal rate or ten percent (10%). Developer shall provide evidence to Agency that such payment has been made, within thirty (30) days after Agency provides notice to Developer of the default hereunder. 882/0156I0-0047 ATTACHMENT NO. 7 ,l 3 715762.03 aO7/31/06 Page 10 of 46 3.11 Tax Credit Regulatory Agreement. Developer agrees to perform all of Developer's obligations under this Agreement and the Tax Credit Regulatory Agreement. In the event Agency is prevented by a final, non -appealable order of a court of competent jurisdiction in a lawsuit involving the Project, or by an applicable and binding published appellate opinion, or by a final, non -appealable order of a regulatory body having jurisdiction, from enforcing, for any reason, the affordability restrictions set forth in this Agreement or in the AHA, then in such event Agency shall be a third -party beneficiary under the Tax Credit Regulatory Agreement and shall have full authority to enforce any breach or default by Developer under the Tax Credit Regulatory Agreement in the same manner as though it were a breach or default hereunder. Without Agency's prior written consent, which consent may be withheld in Agency's sole and absolute discretion, Developer shall not consent to any amendment of or modification to the Tax Credit Regulatory Agreement which (i) shortens the term of the affordability restrictions on the Units in the Project to a term of less than fifty-five (55) years from the Effective Date or (ii) releases Developer from the requirement that the Units be rented to Eligible Tenants in accordance with the Restricted Unit Matrix. Notwithstanding anything contained in this Agreement to the contrary, if and when the Site is subject to the requirements of the Tax Credit Program and there is a conflict between the requirements of the Tax Credit Program and the provisions set forth in this Agreement, then the provisions of the Tax Credit Program shall prevail. That notwithstanding, the fact that this Agreement and the Tax Credit Program provide for greater, lesser or different obligations or requirements shall not be deemed a conflict unless the applicable provisions are inconsistent and could not be simultaneously enforced or performed. 3.12 Annual Statements. As soon as available, and in any event not later than one hundred twenty (120) days after the close of each fiscal year of Developer, financial statements of Developer, including a profit and loss statement, and a consolidated statement of changes in financial position of Developer as at the close of and for such fiscal year, all in reasonable detail, certified by an officer or partner of Developer and, upon request of Agency, if total Operating Expenses for such year exceed the total amount set forth in the Approved Budget by more than ten percent (10%), accompanied by a compilation report prepared by a firm of certified public accountants, and in a format, each reasonably acceptable to the Executive Director. 3.13 Pro Forma Budget. As soon as available and in any event not later than November I" of each calendar year beginning with the year of recordation hereof, Developer shall provide Agency, for the Executive Director's approval, with a detailed projection of Operating Income and budgets of estimated Operating Expenses for the immediately succeeding calendar year (the "Pro Forma Budget") and a detailed cash flow projection for the next succeeding year. Developer shall also submit to, Agency on request additional detail, information and assumptions used in the preparation of the Pro Forma Budget. Within fifteen (15) days following its receipt of the Pro Forma Budget, Agency shall deliver to Developer its written approval or disapproval thereto, which approval shall not be unreasonably withheld. If Agency disapproves the Pro Forma Budget, it shall set forth its reasons with reasonable specificity. If Agency fails to indicate either its approval or disapproval of the Pro Forma Budget within such period, then Agency shall be deemed to have approved the Pro Forma Budget as submitted by Developer. 882/015610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 11 of 46 Once the Pro Forma Budget is approved or deemed approved by Agency, such approved Pro Forma Budget shall become the "Approved Budget" for the entire applicable calendar year. Developer shall use commercially reasonable efforts to operate the Site during such calendar year within the Approved Budget; provided, however, that Developer shall not be required to obtain the approval of Agency for any deviation from the Approved Budget so long as the total Operating Expenses and expenditures for Capital Improvements paid or incurred during such calendar year do not exceed the originally budgeted amount thereof in the Approved Budget by more than five percent (5%) in the aggregate. To the extent required hereunder, any request by Developer to deviate from the Approved Budget shall be submitted to Agency in writing with an explanation thereof and shall be accompanied by supporting information for the request; provided, however, that in the event of an emergency threatening persons or property, Developer shall use its good faith efforts to give prior verbal notice to Agency of unbudgeted expenses that are necessary to avoid damage or injury to persons or property, and in any event shall notify Agency, in writing, of the nature of the emergency and the amount of the expenses, within ten (10) days after such expenses have been incurred. Agency shall reasonably respond to any such request within fifteen (15) days of the receipt of same and if Agency fails to do so, such request shall be deemed to be approved. 4.0 MAINTENANCE. 4.1 Maintenance Obligation. Developer agrees to and shall maintain all interior and exterior improvements, including landscaping, on the Site in a first class condition and repair (and, as to landscaping, in a healthy condition) and in accordance with all of the permits and approvals for the Project, and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials. Agency places prime importance on quality maintenance to protect its investment and to ensure that all Agency - assisted affordable housing projects within the City are not allowed to deteriorate due to below - average maintenance. Normal wear and tear of the Site improvements will be acceptable to Agency assuming Developer agrees to perform all necessary Site improvements to assure the Site is maintained in good condition. Maintenance requirements shall include that: (a) no improperly maintained landscaping shall be visible from public rights -of -way, including (i) no lawns with grasses in excess of six (6) inches in height, (ii) no trees, shrubbery, lawns, and other plant life dying from lack of water or other necessary maintenance, (iii) no trees, hedges, or shrubbery grown uncontrolled without proper pruning, (iv) no vegetation so overgrown as to be likely to harbor rats or vermin, and (v) no dead, decayed, or diseased trees, weeds, and/or other vegetation; (b) no yard areas shall be left unmaintained, including (i) no broken or discarded furniture, appliances, or other household equipment stored in yard areas for periods exceeding one (1) week, (ii) no packing boxes, lumber, trash, dirt, or other debris stored in yards for periods exceeding one (1) week in areas visible from public property or neighboring properties, (iii) no unscreened trash cans, bins, or containers stored for unreasonable periods in areas visible from public property or neighboring properties, and (iv) no vehicles parked or stored in areas other than approved parking areas; (c) no buildings may be left in an unmaintained condition, including (i) no violations of state law, Uniform Codes, or City ordinances, (ii) no condition that constitutes an unsightly appearance that detracts from the aesthetics or property value of the subject property or constitutes a private or public nuisance, (iii) no broken windows or chipped, cracked, or peeling paint, (iv) no conditions constituting hazards and/or inviting trespassers or ATTACHMENT NO. 7 ►y 882/015610-0047 n Page 1 2 of 46 " J 715762.03 a07/31/06 g malicious mischief, and (v) no graffiti or accumulation of waste or debris. Developer shall make all repairs and replacements necessary to keep the improvements in good condition and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and landscaping with comparable approved materials. In the event that Developer breaches any of the covenants contained in this Section and Developer does not commence to cure such breach within five (5) business days after written -notice from Agency (with respect to graffiti, debris, waste material, landscaping, and general maintenance) or thirty (30) days after written notice from Agency (with respect to building improvements), and after commencing the cure to diligently prosecute such cure to completion, then Agency, in addition to whatever other remedy it may have at law or in equity, shall have the right, but not the obligation, to enter upon the Site and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Site, and to attach a lien on the Site, or to assess the Site, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by Agency and/or costs of such cure, including a fifteen percent (15%) administrative charge, which amount shall be promptly paid by Developer to Agency upon demand. 4.2 Lien. If the costs incurred pursuant to Section 4.1 are not reimbursed within thirty (30) days after Developer's receipt of notice thereof, or if Developer fails to timely pay other sums required to be paid to Agency under this Agreement when due (after notice and an opportunity to cure, as set forth in Section 10 or Section 11 (as applicable)), the same shall be deemed delinquent, and the amount thereof shall bear interest thereafter at a rate of ten percent (10%) per annum until paid. Any and all delinquent amounts, together with said interest, costs and reasonable attorney's fees, shall be a lien and charge, with power of sale, upon the property interests of Developer, and the rents, issues and profits of such property. Agency may bring an action at law against Developer to pay any such sums or foreclose the lien against Developer's property interests. Any such lien may be enforced by sale by the Agency following recordation of a Notice of Default of Sale given in the manner and time required by law as in the case of a deed of trust; such sale to be conducted in accordance with the provisions of Section 2924, et seq., of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. No lien recorded by Agency pursuant to this Section 4.2 shall defeat or render invalid the lien of any senior mortgage or deed of trust. 5.0 MANAGEMENT. 5.1 Marketing Plan. Prior to the Effective Date hereof, Developer shall have submitted for the approval of the Executive Director, which approval shall not unreasonably be withheld, a plan for marketing the rental of the Units (the "Marketing Plan"). The Marketing Plan shall include affirmative marketing procedures and requirements. The Marketing Plan shall include a plan for publicizing the availability of the Units within the City in a manner which gives notice to residents of the City, such as notices in any Agency sponsored newsletter, newspaper advertising in local newspapers and notices in City offices and community centers. 5.2 Long Term Management of the Project. Prior to the Effective Date hereof, Developer shall have submitted for the reasonable approval of the Executive Director a "Management Plan" which sets forth in detail the identity and the duties of the person or entity retained by Developer to operate and manage the Project (the "Property Manager"), the ATTACHMENT NO. 7 (, l 882/015610-0047 Page 13 Of 46 715762.03 a07/31/06 g management staffing policies (i.e., what staff is on site, how they are .supervised) tenant selection criteria, the tenant selection and income certification process, tenant orientation, tenant relations, tenant complaints, routine maintenance, emergencies, a security system and crime prevention program, the procedures for determining Affordable Rent and for the collection of rent, occupancy limits and the procedures for monitoring of occupancy levels, the procedures for eviction of tenants, the rules and regulations of the Project and manner of enforcement, the initial standard lease form, and other matters relevant to the management of the Project. The Management Plan shall require the Property Manager to apply for the Crime Free Multi -Housing Program through the City of La Quinta Police Department. Developer may from time to time submit amendments and modifications to the Management Plan for the reasonable approval of the Executive Director. The management of the Project shall be in compliance with the Management Plan. 5.3 Gross Mismanagement._ In the event of "Gross Mismanagement" (as that term is defined below) of the Project, Agency shall have the authority to require that such Gross Mismanagement cease immediately, and further to require the immediate replacement of the manager. Agency shall provide written notice to Developer of the event(s) of Gross Mismanagement occurring and Developer shall have five (5) business days after receipt of such notice to commence to cure, correct, or remedy the event(s) of Gross Mismanagement identified in the Agency's notice and to notify the Agency's Executive Director of the steps taken to effect such cure, correction, or remedy, and upon commencing such cure, correction, or remedy to thereafter diligently prosecute such cure, correction, or remedy to completion. For purposes of this Agreement the term "Gross Mismanagement" shall mean management of the Project in a manner which materially violates the terms and/or intention of this Agreement to operate an affordable rental housing complex of the highest standard, and shall include, but is not limited to, the following: 5.3.1 Knowingly leasing a Unit to an ineligible tenant or tenants whose income exceeds the prescribed levels; 5.3.2 Knowingly allowing the tenants to exceed permitted occupancy levels without taking immediate steps to stop such overcrowding; 5.3.3 Knowingly allowing a tenant to sublease his or her Unit at a rent that exceeds an Affordable Rent; 5.3.4 Failing to timely maintain the Project and the Site in the manner required by this Agreement or failing to submit materially complete reports; 5.3.5 Failing to timely submit the reports as required by this Agreement; 5.3.6 Fraud in connection with any document or representation relating to this Agreement or embezzlement of Project monies; and 5.3.7 Failing to fully cooperate with law enforcement in its attempts to maintain a crime -free environment on the Site. 147) ATTACHMENT NO. 7 7 j,. 1W 882/015610-0047 Page 14 of 46 715762.03 a07/31/06 g 5.4 Lease Approval. The initial form lease agreement to be used by Developer for the rental of any of the Units ("Lease Agreement'), and any changes to such form Lease Agreement .regarding the provisions required by this Agreement, including, but not limited to, the provisions required by Section 3.9, to be included in the form Lease Agreement, shall be reasonably approved in advance by Agency's Executive Director prior to the initial use of the lease form and prior to the first use of the changed form. The form Lease Agreement shall include a Crime Free Lease Addendum in the form recommended by the Riverside County Sheriffs Department. 5.5 Operating_ Reserve. Developer shall, or shall cause the Property Manager to, set aside in a separate interest -bearing trust account the sum of Dollars ($ ) ("Operating Reserve") and shall provide evidence reasonably satisfactory to Agency's Executive Director of compliance herewith, and shall thereafter retain such amount in the Operating Reserve, to cover shortfalls between Operating Income and actual Project costs. In the event that Developer's permanent lender, TCAC regulations or approvals or the Qualified Tax Credit Investor, reasonably requires a different type of account for the Operating Reserve or requires different terms for such account, Developer shall request Agency's Executive Director's approval, which approval shall not be unreasonably withheld, to modify the requirements of this paragraph to meet such requirements. Following the first anniversary date of the City's issuance of the certificate of occupancy for the Project on the Site, Developer may request release of the Operating Reserve to Developer and cancellation of the Operating Reserve upon written request to Agency's Executive Director accompanied by an audited financial statement evidencing sufficient Project income showing, to the reasonable satisfaction of Agency's Executive Director, that the Operating Reserve is no longer required. 5.6 Capital Replacement Reserve. Developer shall, or shall cause the Property Manager to, annually set aside a minimum of Five Hundred Dollars ($500) per unit per year (for example, for 80 units, the annual amount would be $40,000) into a capital replacement reserve account (the "Capital Replacement Reserve"). Funds in the Capital Replacement Reserve shall be used solely for Capital Improvements. As Capital Improvements become necessary, the Capital Replacement Reserve shall' be the first source of payment therefor. Once the total amount of the Capital Replacement Reserve exceeds Dollars ($ ), which minimum capital reserve shall be increased annually from the date City issues its certificate of occupancy for the Project by the CPI (the "Capital Replacement Reserve Minimum"), and is maintained at that level, upon receipt of written consent of the City Manager or Agency's Executive Director (which shall not be unreasonably withheld), Developer shall have no further obligation to fund the Capital Replacement Reserve in excess of the Capital Replacement Reserve Minimum. Not less than once per year, Developer, at its expense, shall submit to Agency an accounting for the Capital Replacement Reserve. The non -availability of funds in the Capital Replacement Reserve does not in any manner relieve Developer of the obligation to undertake necessary capital repairs and improvements and to continue to maintain the Site in the manner prescribed in this Agreement. ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 15 of 46 Notwithstanding anything herein to the contrary, in the event the permanent lender for the Project requires the establishment of a capital reserve to fund Capital Improvements, and such requirements are consistent with, and at least as stringent as those set forth herein, then during the term of the documents governing such loan, Developer shall not be deemed in default hereunder if Developer is in compliance with such condition. 6.0 COMPLIANCE WITH LAWS; ENVIRONMENTAL MATTERS. 6.1 Compliance With Laws. Developer shall comply with (i) all ordinances, regulations and standards of the City, Agency, County of Riverside, any regional governmental entity, State of California, and federal government applicable to the Site; (ii) all rules and regulations of any assessment district of the City with jurisdiction over the Site; and (iii) all applicable labor standards of California law and federal law; and (iv) the requirements of California law and federal law with respect to the employment of undocumented workers or illegal aliens. 6.2 Waiver and Release. Subject to Section 222 of the AHA, which requires the Agency to indemnify Developer in certain, specified circumstances, Developer hereby waives, releases, .acquits, and forever discharges Agency, its officers, officials, members, employees, agents, and representatives, and their respective heirs, successors, personal representatives, and assigns, of and from any liability for the physical or environmental condition of the Site, or for removal or remediation of Hazardous Materials, or repair or alteration of the physical condition of the Site or Project. Developer accepts and approves the physical and environmental condition of the Site in its "AS IS" 'WHERE IS" "WITH ALL FAULTS" condition. 6.2.2 Definitions. For the purposes of this Agreement, unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified: 6.2.2.1 The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the County of Riverside, the State of California, a regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under. Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section.25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article T i' °a"tle 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. .1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C., 6901 et sec . (42 U.S.C., 6903) or (xi) defined as 882/O15610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 16 of 46 "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., 9601 et siN. 6.2.2.2 The term "Hazardous Materials Contamination" shall mean the contamination (whether presently existing or hereafter occurring) of the improvements, facilities, soil, groundwater, air or other elements on, in or of the Site by Hazardous Materials, or the contamination of the buildings, facilities, soil, groundwater, air or other elements on, in or of any other property as a result of Hazardous Materials at any time emanating from the Site. 6.2.2.3 The term "Governmental Requirements" shall mean all past, present and future laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the city, or any other political subdivision in which the Site is located, and any other state, county city, political subdivision, agency, instrumentality or other entity exercising jurisdiction over the Site. 6.2.3 Indemnity. Developer shall save, protect, defend, indemnify and hold harmless Agency and the City and their respective officers, officials, members, employees, agents, and representatives from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants' fees, investigation and laboratory fees, reasonable attorneys' fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as "Liabilities") which may now or in the future be incurred or suffered by Agency or City or their respective officers, officials, members, employees, agents, or representatives by reason of, resulting from, in connection with, or existing in any manner whatsoever as a direct or indirect result of (i) Developer's placement on or under the Site of any Hazardous Materials or Hazardous Materials Contamination after the Effective Date, (ii) the escape, seepage, leakage, spillage, discharge, emission or release from the Site of any Hazardous Materials or Hazardous Materials Contamination after the Effective Date, or (iii) any Liabilities incurred under any Governmental Requirements relating to the acts described in the foregoing clauses (i) and (ii); provided, however, that the same shall not apply to acts or omissions following Agency's or City's conduct of a foreclosure sale or acceptance of a deed in lieu thereof. 6.3 Duty to Prevent Hazardous Material Contamination. Developer shall take commercially reasonable action to prevent the release of any Hazardous Materials into the environment. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with the standards generally applied by apartment complexes in Riverside County, California as respects the disclosure, storage, use, removal, and disposal of Hazardous Materials. 6.4 Obligation of Developer to Remediate Premises. Notwithstanding the obligation of Developer to indemnify Agency, City, and their respective officers, officials, members, employees, agents, and representatives pursuant to Section 6.2.3, Developer shall, at its sole cost and expense, promptly take (i) all actions required by any federal, state, regional, or local governmental agency or political subdivision or any Governmental Requirements and (ii) all actions necessary to make full economic use of the Site for the purposes contemplated by this ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 17 of 46 ! J Agreement and the AHA, which requirements or necessity arise from the presence upon, about or beneath the Site, prior to Agency's or City's conduct of a foreclosure sale or acceptance of a deed in lieu thereof, of any Hazardous Materials or Hazardous Materials Contamination for which Developer is responsible. Such actions shall include, but not be limited to, the investigation of the environmental condition of the Site, the preparation of any feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work. 6.5 Environmental Inquiries. Developer, when it has received any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, or cease and desist orders related to Hazardous Materials or Hazardous Materials Contamination, or when Developer is required to report to any governmental agency any violation or potential violation of any Governmental Requirement pertaining to Hazardous Materials or Hazardous Materials Contamination, shall concurrently notify Agency's Executive Director, and provide to him/her a copy or copies, of the environmental permits, disclosures, applications, entitlements or inquiries relating to the Site, the notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self -reporting requirements, and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Developer shall report to the Executive Director, as soon as possible after each incident, any unusual, potentially important incidents. In the event of a responsible release of any Hazardous Materials into the environment, Developer shall, as soon as possible after it becomes aware of the release, furnish to the Executive Director a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request of the Executive Director, Developer shall furnish to the Executive Director a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Site including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential. 7.0 INSURANCE. 7.1 Duty to Procure Insurance. Developer, for the term of this Agreement, shall procure and keep in full force and effect or cause to be procured and kept in full force and effect for the mutual benefit of Developer and Agency, and shall provide Agency evidence reasonably acceptable to Agency's Executive. Director, insurance policies meeting the minimum requirements set forth below: 7.1.1 Commercial General Liability insurance with respect to the Site and the operations of or on behalf of Developer, in an amount not less than Three Million Dollars ($3,000,000) per occurrence combined single limit including products, completed operations, contractual, bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Agency may reasonably require from time to time; provided, that the percentage increase in coverage shall not be required to exceed the percentage increase in the CPI (the "CPI Adjustment"). Unless otherwise approved in advance by the Agency 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 ATTACHMENT NO. 7 882J015610-IW047 715762.03 a07/31i06 Page 18 of 46 maximum amount to increase at the same rate as the periodic increases in the minimum amount of total insurance coverage set forth above. 7.1.2 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 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. 7.2 Policy Requirements. All policies of insurance required to be carried by Developer shall meet the following requirements and contain the following endorsements, provisions, or clauses (as applicable): 7.2.1 The policies shall be written by responsible and solvent insurance companies licensed in the State of California and having policyholders' rating of A or better in the most recent addition of `Best's Key Rating Guide -- Property and Casualty." Notwithstanding the foregoing, in the event that the policies required hereunder are not available from such insurers at commercially reasonable rates, the Executive Director shall have the authority, in his or her sole and absolute discretion, to waive one or more of such requirements, provided the proposed policies will adequately protect the Agency's interests hereunder. A copy of each paid -up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, certifying that such policy has been issued, providing the coverage required herein, and containing the provisions specified herein, shall be delivered to Agency on or prior to the date of this Agreement, and thereafter, upon renewals, not less than thirty (30) days prior to the expiration of coverage. Agency may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Developer hereunder. In no event shall the limits of any policy be considered as limiting the liability of Developer hereunder. 7.2.2 The insurer shall not cancel or materially alter the coverage provided by such policy in a manner adverse to the interest of the insured without first giving Agency a minimum of thirty (30) days prior written notice by certified mail, return receipt requested; and 7.2.3 A waiver by the insurer of any right to subrogation against Agency and City, and their respective officers, officials, members, employees, agents, and representatives, which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of Agency or City or their respective officers, officials, members, employees, agents, or representatives. ATTACHMENT NO. 7 f 882/015610-0047 715762.03 a07/31/06 Page 19 of 46 7.2.4 The Agency and the City and their respective officers, officials, members, employees, agents, and representatives shall be named as additional insureds on the Commercial General Liability policies. 7.2.5 Coverage provided by these policies shall be primary and non- contributory to any insurance carried by the Agency or City or their respective officers, officials, members, employees, agents, or representatives. 7.2.6 Failure to comply with reporting provisions shall not affect coverage provided to Agency and its officers, officials, members, employees, agents, or representatives. 7.3 Failure to Procure Insurance. If Developer fails to procure and maintain the above -required insurance despite its availability, then Agency, in addition to any other remedy which Agency.may have hereunder for Developer's failure to procure, maintain, and/or pay for the insurance required herein, may (but without any obligation to do so) at any time or from time to time, after thirty (30) days written notice to Developer, procure such insurance and pay the premiums therefor, in which event Developer shall immediately repay Agency all sums so paid by Agency together with interest thereon at the maximum legal rate. 8.0 OBLIGATION TO REPAIR, 8.1 Obligation to Repair and Restore Damage Due to Casualty Covered by Insurance. Subject to Section 8.3 below, if the Project shall be totally or partially destroyed or rendered wholly or partly uninhabitable by fire or other casualty required to be insured against by Developer, subject to its compliance with any procedures required by a senior lien holder, Developer shall promptly proceed to obtain insurance proceeds and take all steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, to promptly and diligently commence the repair or replacement of the Project to substantially the same condition as the Project is required to be maintained in pursuant to this Agreement, whether or not the insurance proceeds are sufficient to cover the actual cost of repair, replacement, or restoration, and Developer shall complete the same as soon as possible thereafter so that the Project can continue to be operated and occupied as an affordable housing project in accordance with this Agreement. Subject to extensions of time for "Enforced Delay" events (as defined in Section 22 of this Agreement) occurring after the casualty event, in no event shall the repair, replacement, or restoration period exceed fifteen (15) months from the date Developer obtains insurance proceeds, unless the Agency Executive Director, in his or her sole and absolute. discretion, approves a longer period of time. Agency shall cooperate with Developer, at no expense to Agency, in obtaining any governmental permits required for the repair, replacement, or restoration and, upon issuance of such permits Agency shall promptly release control of any insurance proceeds within Agency's control. If, however, the then -existing laws of any other governmental agencies with jurisdiction over the Site do not permit the repair, replacement, or restoration, Developer may elect not to repair, replace, or restore the Project by giving notice to Agency (in which event Developer shall be entitled to all insurance proceeds but Developer shall be required to remove all debris from the Site) or Developer may reconstruct such other improvements on the Site as are consistent with applicable land use regulations and approved by the City, Agency, and the other governmental agency or agencies with jurisdiction. In such ATTACHMENT NO. 7 882/015610-0047 f 715762.03 a07/31/06 Page 20 of 46 event, the Agency Agreements, including this Agreement, shall automatically terminate and Agency shall cooperate to remove the Agency Agreements from title. If Developer fails to obtain insurance as required by this Agreement (and Agency has not procured such insurance and charged Developer for the cost), Developer shall be obligated to reconstruct and repair any partial or total damage to the Project and improvements located on the site in accordance with this Section 8.1. 8.2 Continued Operations. During any period of repair, Developer shall continue, or cause the continuation of, the operation of the apartment complex on the Site to the extent reasonably practicable from the standpoint of prudent business management. 8.3 Damage or Destruction Due to Cause Not Required to be Covered by Insurance. If the improvements comprising the Project are completely destroyed or substantially damaged by a casualty for which Developer is not required to (and has not) insured against, then Developer shall not be required to repair, replace, or restore such improvements and may elect not to do so by providing Agency with written notice of election not to repair, replace, or restore within ninety (90) days after such substantial damage or destruction. In such event, (i) Developer shall remove all debris from the Site, and (ii) the Agency Agreements, including this Agreement, shall automatically terminate and Agency shall cooperate to remove the Agency Agreements from title. As used in this Section 8.3, "substantial damage" caused by a casualty not required to be (and not) covered by insurance shall mean damage or destruction which is fifty percent (50%) or more of the replacement cost of the improvements comprising the Project. In the event Developer does not timely elect not to repair, replace, or restore the improvements as set forth in the first sentence of this Section 8.3, Developer shall be conclusively deemed to have waived its right not to repair, replace, or restore the improvements and thereafter Developer shall promptly commence and complete the repair, replacement, or restoration of the damaged or destroyed improvements in accordance with Section 8.1 above and continue operation of the apartment complex during the period of repair (if practicable) in accordance with Section 8.2 above. 9.0 . LIMITATION ON TRANSFERS. 9.1 Sale or Transfer of the Project. Developer covenants that during the term of this Agreement Developer shall not assign this Agreement or transfer the Site or any of its interests therein except as provided in this Section 9.0. 9.2 Transfer Defined. As used in this Article 9.0, the term "Transfer" shall include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Agreement, the Site, or the improvements thereon. A Transfer shall also include the transfer to any person, entity, or group of persons or entities acting in concert of more than twenty-five percent (25%) (in the aggregate) of the present ownership and/or control of any person or entity constituting Developer, taking all transfers into account on a cumulative basis. In the event any entity constituting Developer, or the constituent partners or members of Developer or any successor of Developer, is a corporation or trust, such transfer shall refer to the transfer of the issued and outstanding capital stock of such corporation, or of beneficial interests of such trust; in the event that any entity constituting Developer, or the constituent partners of Developer or ATTACHMENT NO. 7 71576 .03 a07 31 Page 21 of 46 715762.03 a07/31/06 g any successor of Developer is a limited or general partnership, such transfer shall refer to the transfer of more than twenty-five percent (25%) of such limited or general partnership interest; in the event that any entity constituting Developer,, or the constituent members of Developer or any successor of Developer is a limited liability company, such transfer shall refer to the transfer of more than twenty-five percent (25%) of such membership interest; in the event that any entity constituting Developer, or the constituent partners of Developer or any" successor of Developer is a joint venture, such transfer shall refer to the transfer of more than twenty-five percent (25%) of the ownership and/or control of any such joint venture partner, taking all transfers into account on a cumulative basis. 9.3 Agency Approval of Transfer Required. Except as set forth below, Developer shall not Transfer this Agreement or any of Developer's rights hereunder, or any interest in the Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, without the prior written approval of Agency, which approval shall not be unreasonably withheld, conditioned, or delayed, and any such purported Transfer without such approval shall be null and void. In addition to the foregoing and notwithstanding anything in this Section to the contrary, so long as the Project is encumbered by a deed of trust (other than a deed of trust the beneficiary of which is the Agency), any proposed transferee or assignee must also receive the prior written consent of the beneficiary of such deed of trust, if required by such deed of trust, before Agency shall approve such transfer or assignment; provided, however, that such consent of beneficiary shall not obligate Agency to approve such Transfer. Notwithstanding the foregoing, the following types of transfers shall not require Agency approval but as with all Transfers shall be subject to Section 9.4: (a) transfers to a limited liability company in which Developer has a greater than fifty percent (50%) ownership and management interest; (b) transfers to a limited partnership in which Developer or an Affiliate of Developer which is also a non-profit public benefit corporation is the general partner (the "Limited Partnership"); (c) the leasing of individual rental units on the Site provided that such leasing is in accordance with the terms of this Agreement; (d) transfers resulting from the death or mental or physical incapacity of an individual; (e) transfers in trust for the benefit of a spouse, children, grandchildren, or other family member, or for charitable purposes; (fj transfers of stock in a publicly -held corporation or of the beneficial interest in any publicly -held partnership or real estate investment trust; (g) the conveyance or dedication of portions of the Site to the City or other governmental entity, or the granting of easements or permits to facilitate the development of the Site; 882/015610-0047 ATTACHMENT NO. 7 710 715762.03 a07/31/06 Page 22 of 46 (h) the transfer of the limited partner interests of the Limited Partnership to the Qualified Tax Credit Investor; (i) the transfer by the Qualified Tax Credit Investor to an entity that has the same general partner or managing member as the Qualified Tax Credit Investor; (j) the removal by the Qualified Tax Credit Investor of the general partner of the Limited Partnership for a default under the partnership agreement, provided the replacement general partner is reasonably satisfactory to Agency; (k) sale by the Qualified Tax Credit Investor of credits in syndication; (1) encumbrance of the limited partner interest by the Qualified Tax Credit Investor as collateral to finance its capital contribution to the Limited Partnership; or (m) exercise by the general partner of Developer of any option to purchase or right of first refusal to purchase the Limited Partnership or all of the limited partner's interest in the Limited Partnership at the conclusion of the tax credit period. 9.4 Assignment and Assumption Agreement. In the absence of specific written agreement by Agency, no Transfer by Developer of all or any portion of its interest in the Site or this Agreement, whether or not requiring the approval by Agency, shall be deemed to relieve Developer or any successor party from the obligation to timely complete construction of the Project. In addition, no attempted Transfer of any of Developer's obligations hereunder shall be effective unless and until Developer and the transferee or successor party execute and deliver to Agency a binding assignment and assumption agreement in a form reasonably approved by Agency's legal counsel. 9.5 Permitted Transferee. A "Permitted Transferee" under this Agreement shall be a transferee or assignee that either, (i) has been approved by the Agency Executive Director or (ii) is a transferee of a Transfer not requiring the approval of the Agency Executive Director pursuant to the terms of this Agreement, and in both the cases described in the foregoing clauses (i) and (ii) has executed and delivered to the Agency Executive Director an assignment and assumption agreement pursuant to Section 9.4. 882/015610-0047 ATTACHMENT NO. 7 71 J- 715762.03 a07/31/06 Page 23 of 46 10.0 EVENTS OF DEFAULT BY DEVELOPER. Subject to extensions of time pursuant to the terms of Section 22, the occurrence of one or more of any of the following events shall constitute an "Event of Default" by Developer hereunder if Developer shall have not cured, corrected, or remedied such failure within, unless a shorter or longer cure period is provided for specific defaults elsewhere in this Agreement, thirty (30) days following the service on Developer of a written notice from Agency specifying the failure complained of, or if it is not practicable to cure or remedy such failure within such thirty (30) day period (which impracticality shall not apply to monetary defaults), within such longer period as shall be reasonable under the circumstances provided that Developer has commenced to cure within the same thirty (30) day period and has diligently prosecuted such cure to completion: 10.1 Developer shall abandon or surrender the Site; or 10.2 Developer is in default of the Agency Note and has not cured such default within the cure period applicable to such default as set forth in the Agency Note; or 10.3 Developer is in material default of any of the covenants, terms or provisions of this Agreement or any of the Agency Agreements; or 10.4 Developer voluntarily files or has involuntarily filed against it any petition under any bankruptcy or insolvency act or law, and the same has not been dismissed within sixty (60) days thereafter; or 10.5 Developer is adjudicated a bankrupt; or 10.6 Developer makes a general assignment for the benefit of creditors in violation of the terms of this Agreement or any of the Agency Agreements. 10.7 Developer is in default, beyond any applicable cure period, of either of the following: (i) any senior indebtedness encumbering the Site, or (ii) the Tax Credit Regulatory Agreement and the other party has not waived the default. Notwithstanding anything herein to the contrary, whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer of the terms hereunder, the Agency shall at the same time deliver a copy of such notice or demand to the Qualified Tax Credit Investor. The Qualified Tax Credit Investor (insofar as the rights of the Agency are concerned) shall have the right, at its option, within thirty (30) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default. Such cure period shall run concurrently with the Developer's cure period described in this Article 10.0. 11.0 REMEDIES OF AGENCY. In the event Developer defaults in the performance or observance of any covenant, agreement or obligation of Developer pursuant to this Agreement, and if such default remains uncured for a period of thirty (30) days after written notice thereof shall have been given by Agency (or such lesser period as may apply under Section 4.1), or; in the event said default ATTACHMENT NO. 7 882/015610-0047 Page 24 of 46 715762.03 a07/31/06 g cannot be cured within said time period, Developer has failed to commence to cure such default within the applicable time period and diligently prosecute said cure to completion, then Agency may declare an "Event of Default" to have occurred hereunder, and, at its option, may take one or more of the following steps: 11.1 With respect to (i) the physical condition of the Site, or (ii) Developer's Gross Mismanagement of the Project, enter the Site and correct or cause to be corrected said default and charge the costs thereof (including costs incurred by Agency in enforcing this provision) to the account of Developer, which charge shall be due and payable within thirty (30) days after presentation by Agency of a statement of all or part of said costs, and if such bill is not timely paid then to (A) place a lien on the Site for said amount due plus interest at the maximum legal rate, or (B) foreclose with respect to Agency's lien on the Site for said amount due plus interest at the maximum legal rate; 11.2 Correct or cause to be corrected said default and pay the costs thereof (including costs incurred by Agency in enforcing this provision) from the proceeds of any insurance; 11.3 Exercise its right to maintain any and all actions or proceedings at law or suits in equity to compel Developer to correct or cause to be corrected said default, or to foreclose as a result thereof, including without limitation exercise of Agency's rights under the Agency Deed of Trust; 11.4 Have a receiver appointed to take possession of Developer's interest in the Site, with, power in said receiver to administer Developer's interest in the Site, to collect all funds available to Developer in connection with its operation and maintenance of the Site, and to perform all other actions consistent with Developer's obligations under this Agreement as the court deems proper; 11.5 Terminate this Agreement by written notice to Developer and seek repayment of any remaining principal and accrued interest then owing on the Agency Note; 11.6 With respect to a default for which foreclosure would be an available remedy, exercise the right to foreclose, or, during the period which is five (5) days prior to the foreclosure sale date, exercise the right to purchase the Project from Developer, for a purchase price equal to the appraised value of the Site less (i) the outstanding amount due under any senior indebtedness, (ii) the amount due under the Agency Note, (iii) any delinquent taxes and assessments owing on the Site, and (iv) any reasonable costs incurred by Agency to effect the curing of a default and purchase of the Project, including but not limited to escrow fees and attorney's fees. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its 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 another party. 12.0 NONDISCRIMINATION. 12.1 Antidiscrimination. 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, 882/015610.0047 ATTACHMENT NO. 7 713 715762.03 a07/31/06 Page 25 of 46 national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, or any part thereof, nor shall Developer, 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 Site, or any part thereof (except as permitted by this Agreement). 12.2 Anti -Discrimination Clauses in Agreements. Developer agrees for itself and any successor in interest that Developer shall refrain from restricting the rental, sale, or lease of any portion of the Site, or contracts relating to the Site, on the basis of race, color, creed, religion, sex, marital status, 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: 12.2.1 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, 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." 12.2.2 In leases: "The lessee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, 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 status, race, color, creed, religion, sex, marital status, 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." 12.2.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of status, race, color, creed, religion, sex, marital status, 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." 882/015610-0047 ATTACHMENT NO. 7 714 715762.03 a07/31/06 Page 26 of 46 13.0 COVENANTS TO RUN WITH THE LAND. Developer hereby subjects the Site to the covenants, reservations, and restrictions set forth in this Agreement. Agency and Developer hereby declare their express intent that all such covenants, reservations, and restrictions shall be deemed covenants running with the land, and shall pass to and be binding upon the Developer's successors in title to the Site; provided, however, that on the termination of this Agreement said covenants, reservations and restrictions shall automatically expire. All covenants established in this Agreement shall, without regard to technical classification or designation, be binding for the benefit of the Agency, and such covenants shall run in favor of the Agency for the entire term of this Agreement, without regard to whether the Agency is or remains an owner of any land or interest therein to which such covenants relate. Each and every contract, deed or other instrument hereafter executed covering or conveying the Site or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations, and restrictions, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. Agency and Developer hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that Developer's legal interest in the Site is rendered less valuable thereby. Agency and Developer further hereby declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project by Eligible Tenants, the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which the Agency was formed. Developer, in exchange for the Agency entering into the AHA, hereby agrees to hold, sell, and convey the Site subject to the terms of this Agreement. Developer also grants to the Agency the right and power to enforce the terms of this Agreement against the Developer and all persons having any right, title or interest in the Site or any part thereof, their heirs, successive owners and assigns. The covenants set forth in this Agreement shall remain in effect for a period terminating on the earliest of (i) fifty-five (55) years following the Effective Date; (ii) foreclosure by Agency with respect to the Site; and (iii) foreclosure by a senior lender. 14.0 INDEMNIFICATION. Developer agrees for itself and its successors and assigns to indemnify, defend, and hold harmless Agency, City, and their respective officers, officials, members, employees, agents, and representatives from and against any loss, liability, claim, or judgment relating in any manner to the Project excepting only any such loss, liability, claim, or judgment arising out of the intentional wrongdoing or gross negligence of Agency, City, or their respective officers, officials, members, employees, agents, or representatives, except with respect to those actions described in the last sentence of Section 222 of the AHA. ATTACHMENT NO. 7 71 5 882/015610-0047 715762.03 a07/31/06 Page 27 of 46 15.0 UTILITIES AND TAXES. Developer, while in possession of the Site, and each successor or assign of Developer while in possession of the Site, shall remain fully obligated for the payment of (i) real and personal property taxes and assessments in connection with the Site, subject to Developer's right to claim exemptions under California Revenue & Taxation Code Section 214(g), and (ii) all charges for all utilities serving the Site for which Developer is responsible. 16.0 ATTORNEYS' FEES. In the event that a party to this Agreement brings an action against the other party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agreement, or otherwise arising out of this Agreement, the prevailing party in such action shall be entitled to recover from the other expert witness fees, and its reasonable attorney's fees and costs. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery. 17.0 AMENDMENTS. 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, lending institutions, the Qualified Tax Credit Investor or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms 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 risk 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. 18.0 NOTICE. Formal notices, demands, and communications between Agency and Developer shall be sufficiently given if (i) personally delivered, (ii) delivered by a reputable same -day or overnight courier services that provides a receipt showing date and time of delivery, (iii) delivered by United States mail, registered or certified, postage prepaid, return receipt requested, or (iv) delivered by facsimile transmission, provided the original of the faxed communication is delivered within twenty-four (24) hours by one of methods described in clauses (i), (ii), or (iii) of the foregoing. Delivery shall be made to the following addresses: If to Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director Fax: (760) 777-7101 882/015610.0047 ATTACHMENT NO. 7 7 1 6 715762.03 a07/31/06 Page 28 of 46 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. Fax: (714) 546-9035 If to Developer: The Southern California Housing Development Corporation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 Attn: Executive Director With a copy to: Law Office of Edward A. Hopson 655A North Mountain Avenue Upland, CA 91786 Attn: Edward A. Hopson, Esq. Notices that are personally delivered, delivered by messenger/courier, or by fax (provided there is compliance with the terms of clause (iv) above) shall be deemed effective upon receipt. Notices delivered by mail shall be deemed effective upon the earlier of actual receipt by the addressee thereof or the expiration of forty-eight (48) hours after depositing in the United States Postal System in the manner described in this Section. Such written notices, demands, and communications may be sent in the same manner to such other addresses as a party may from time to time designate by mail. Written notices,. demands and communications between the Agency and the Developer shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -day or overnight messenger service that provides a receipt showing date and time of delivery, or (iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer at the addresses specified in Section . Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in Section 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. 19.0 NONLIABILITY OF AGENCY OFFICIALS. No officer, official, member, 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 successor or on any obligations under the terms of this Agreement or any of the Agency Agreements. ATTACHMENT NO. 7 7 17 882/015610-0047 Page 29 of 46 715762.03 a07/31/06 g 20.0 TRANSACTIONS WITH AFFILIATES. Developer shall have the right to enter into contracts with subsidiaries, and Affiliates for the purpose of providing cleaning, maintenance and repair services, insurance policies and other purposes related to the operation of the Site, provided that all such costs and charges are competitive with the costs, charges, rent and other sums which would be paid by or to, as the case may be, an unrelated third party. Agency acknowledges and agrees that Developer may act as its own general contractor or may engage a third party licensed contractor for the constructions of any improvements on the Site and that will be entitled in so doing to earn a commercially reasonable fee. 21.0 SEVERABILITY/WAIVER/INTEGRATION/INTERPRETATION• ENTIRE AGREEMENT. 21.1 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. 21.2 Waiver. All waivers of the provisions of this Agreement, unless specified otherwise herein, must be in writing and signed by the appropriate authorities of Agency or Developer, as applicable. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to be performed by the other party shall not invalidate this Agreement nor shall it be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 21.3 Integration. This Agreement contains the entire Agreement between the parties concerning the subject matter hereof and neither party relies on any warranty or representation not contained in this Agreement. 21.4 Interpretation. 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. 21.5. Entire Agreement. 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. 22.0 ENFORCED DELAY; EXTENSIONS OF TIME. Performance by a 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 882/015610-0047 ATTACHMENT NO. 7 7 ? v 715762.03 ao7/31/06 Page 30 of 46 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 or City shall not excuse performance by Agency or City 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 reasonable diligence 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 fifteen (15) days after the sending party has knowledge, or should have obtained knowledge, of 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 perform: (i) Developer's failure to obtain financing for the Project (except as a result of an omission or breach by Agency), (ii) Developer's failure to negotiate agreements with prospective tenants or users for the Project, or (iii) interest rates or economic or market conditions. Times of performance under this Agreement may also be extended by mutual written agreement by 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. 23.0 THIRD PARTY BENEFICIARY. The City of La Quinta is deemed a third party beneficiary of the terms and covenants contained in this Agreement and has the right, covenants contained herein. 24.0 FUTURE ENFORCEMENT. but not the obligation, to enforce the terms and The parties hereby agree that should the Agency cease to exist as an entity at any time during the term of this Agreement, the City of La Quinta shall have the right to enforce all of the terms and conditions herein, unless the Agency had previously specified another entity to enforce this Agreement. 25.0 GOVERNING LAW. This Agreement shall be governed by the internal laws of the State of California without regard to conflicts of law. 26.0 NO MERGER. The covenants, terms, and provisions of this Agreement shall not merge with any grant deed or other instrument pertaining to the conveyance of any interest in real property. 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument. [End - Signature Page Follows] 882/015610-0047 ATTACHMENT NO. 7 7.L9/ 715762.03 a07/31/06 Page 31 of 46 IN WITNESS WHEREOF, the Agency and Developer have executed this Regulatory Agreement and Declaration of Covenants and Restrictions by duly authorized representatives on the date first written hereinabove. "AGENCY" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Date: By: ATTEST: By: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP c Attorneys for the La Quinta Redevelopment Agency Date: Thomas Genovese Executive Director "DEVELOPER" THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation By: signature printed name Its: 882/015610-0047 ATTACHMENT NO. 7 7 ' 0 715762.03 a07/31/06 Page 32 of 46 STATE OF CALIFORNIA ss. COUNTY OF On before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] STATE OF CALIFORNIA ss. COUNTY OF Notary Public On before me, personally appeared- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. [SEAL] Notary Public 2 i 882/015610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 33 of 46 EXHIBIT "A" LEGAL DESCRIPTION OF SITE All of that certain real property in the City of La Quinta, County of Riverside, State of California, described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 00 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. 7n 882/0I5610-0047 ATTACHMENT NO. 7 7 �� 715762.03 a07/31/06 Page 34 of 46 INCOME COMPUTATION AND CERTIFICATION FORM [See following pages] '��'3 882/015610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 35 of 46 CITY OF LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico, La Quinta, CA 92253 INCOME COMPUTATION AND CERTIFICATION FORM (Affordable Housing Eligibility for Renter Occupied Unit PART I. PROPERTY FINANCED WITH GOVERNMENT ASSISTANCE Property Address: PART II. TENANT HOUSEHOLD INFORMATION Date of Birth Soc. Sec. # Relationship TOTAL NUMBER OF PERSONS IN HOUSEHOLD: (Please list information on other household members below) Mailing Address: Telephone Numbers: Work (� Home �) PART III. GROSS HOUSEHOLD INCOME Complete the following, attach copies of required verification as specified below. Attach a note explaining any significant changes in household income between the previous year and the current year. INFORMATION IS REQUIRED FOR ALL MEMBERS OF THE HOUSEHOLD AGE 18 OR OLDER REGARDLESS OF WHETHER THEY CONTRIBUTE TO THE COSTS OF THE HOUSEHOLD. If you are not required to file a tax return, please indicate this in Part V by your signature. ANN INCOME ANN INCOME INCOME SOURCES for owner others in hshld VERIFICATIONS (needed for file) A. Employment earnings Last tax return & last 3 pay stubs, employer verification B. Self-employment earnings Last 2 tax returns & current financial stint C. Social Security (OASDI) Annual award letter D. Supplemental Security Income (SSI) Annual award letter E. Public assistance (AFDC, general Current benefit statement assistance, unemployment, etc.) F. Pension (s) Annual award letter, year end strut, W-2 G. Interest income Last 2 statements for all accounts H. Investment income (stocks, bonds, real estate, etc.) Last 2 statements for all accounts I. Room rental Rental agreement, copies of checks, etc. J. Other income (list type/source) savo1s610-ooa7 ATTACHMENT NO. 7 70] 4 715762.03 a07/31/06 Page 36 of 46 K. TOTAL INCOME (sum of A thru J) / 12 months = mo. income PART IV. PROPERTY STATUS Will this property be your primary residence? Will someone other than the individuals listed above be occupying this property? If yes - Name of occupants: Telephone Number: My/our housing expenses are as follows: 1. Monthly tenant rent 2. Average monthly utilities Mailing Address: PART V. TENANT CERTIFICATION I/We understand that after the initial eligibility determination, completion of monitoring forms is required on an annual basis. I/We certify that I/we have disclosed all information pertaining to my/our application and that the information presented in the foregoing Sections I through IV is true and accurate to the best of my (our) knowledge. Tenant Date Tenant Date For more information regarding this application, please contact management staff at (760) Comments: FOR OFFICE USE ONLY Information verified Income category Maximum allowable annual income _% of median) Applicant's annual income gross monthly max housing costs Management Staff ATTACHMENT NO. 7 882/015610-0047 715762.03 a07/31/06 Page 37 of 46 Date EXHIBIT "C" INCOME RECERTIFICATION FORM [See following pages] 882/015610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 38 of 46 LA QUINTA REDEVELOPMENT AGENCY 78-495 Calle Tampico, La Quinta, CA 92253 INCOME RECERTIFICATION FORM (Renter Occupied Unit) PART I. GENERAL INFORMATION Property Owner Name 2. Renter Name 3. Property Address La Quinta, CA 92253 (Please include P.O. Box No. if applicable) 4. Has there been a change in ownership of this property during the preceding 12 month period? Yes ( ) No ( ) (If yes, please explain) PART II. UNIT INFORMATION 5. Number of Bedrooms 6. Number of Occupants Names: PART III. AFFIDAVIT OF RENTER as renters of units assisted pursuant to the La Quinta Redevelopment Agency's (the "Agency") Affordable Housing Program (the "Program"), do hereby represent and warrant that the following computation includes all income (Uwe) anticipate receiving for the 12-month period commencing on January 1, 20 (including the renter(s) and all family members of the renters): (a) amount of wages, salaries, overtime pay, commissions, fees, tips and bonuses, and payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (before payroll deduction) (b) net income from business or profession or rental of property (without deduction for repayment of debts or expansion of business) (c) interest and dividends (d) periodic receipts such as social security, annuities, pensions, retirement funds, insurance policies, disability or death benefits, alimony, child support, regular contributions or gifts from persons not occupying unit (e) public assistance allowance or grant plus excess of maximum allowable for shelter or utilities over the actual allowance for such purposes 882/015610-0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 39 of 46 (f) regular and special pay and allowances of a member of armed services (whether or not living in the dwelling) who is head of the family or spouse Subtotal (a) through (f) LESS: Portion of above items which are income of a family member who is less than 18 years old or a full-time student ( ) TOTAL ELIGIBLE INCOME NOTE: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payment such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; government benefits to a veteran for education; special pay to a serviceman head of family away from home and under hostile fire; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; relocation payments under Title II of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. 2. This affidavit is made with the knowledge that it will be relied upon by the Landlord and the Agency to determine maximum income for eligibility and (Uwe) warrant that all information set forth in this Part III is true, correct and complete and based upon information (Uwe) deem reliable and that the estimate contained in paragraph 1 is reasonable and based upon such investigation as the undersigned deemed necessary. 3. (I/We) will assist the Landlord and the Agency in obtaining any information or documents required to verify the statements made in this Part III and have attached hereto a copy of our federal income tax return for the last year (20_). 4. (I/We) acknowledge that (Uwe) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) agreement with the Landlord to rent the unit and will additionally enable the Agency to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. B. (My/Our) monthly housing expenses are limited to the following: 1. Base rent 2. Average Monthly Utilities 3. Other (explain) (I/We) understand that completion of monitoring forms is required on an annual basis and agree to notify the La Quinta Redevelopment Agency in writing of any change in ownership or rental of the unit. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct. Date Renter(s ATTACHMENT NO. 10 882/015610-0047 715762.03 a07/31/06 Page 40 of 4 EXHIBIT "D" LEASE RIDER [See following page] ATTACHMENT NO. 7 I."882/0156I0-0047 715762.03 a07/31/06 Page 41 of 46 _(Project Name)_ AFFORDABLE HOUSING PROJECT Lease Rider RESIDENT: (if there is more than one adult occupant, each person must sign the rider) LEASE DATE: UNIT NO.: The undersigned tenant(s) hereby certify and agree as follows: 1. Income Certification. The attached income certification is true, correct and complete. Uwe agree to provide a similar certification annually upon request during the term of my occupancy. 2. Employer Verification. The landlord or property manager has my permission to verify my/our income from any sources of income I/we receive. 3. False Statements. If the income certification and/or lease application submitted by me/us is false, or if Uwe fail to provide annual certifications, the landlord or property manager will have the right to terminate my/our lease and recover possession of my/our Unit. Uwe understand that the landlord and property manager are relying on this income certification in accepting me/us as a tenant, and the landlord or property manager will be seriously harmed if my/our income does not qualify the Unit for the affordable housing program. 4. This rider shall be considered as part of my/our lease. Date: Tenant Tenant Tenant Tenant ATTACHMENT NO. 7 73 0 882/015610-0047 Page 42 Of 46 715762.03 a07/31/06 g EXHIBIT " E" CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE [See following page] 882/015610-0047 ATTACHMENT NO. 7 731 1 �' 715762.03 a07/31/06 Page 43 of 46 CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE The undersigned, being duly authorized to execute this certificate on behalf of , owner of the Project, hereby represents and warrants that: 1. He/she has read and is thoroughly familiar with the provisions of the Affordable Housing Agreement between the La Quinta Redevelopment Agency and Coachella Valley Housing Coalition, 2. As of June 30, 20 , the following number of residential units in the Project (i) are currently occupied by tenants qualifying as Eligible Tenants at Affordable Rents; (ii) are currently occupied by Moderate Income Tenants; or (iii) are currently vacant and being held available for occupancy by Eligible Tenants and have been so held continuously since the date Eligible Tenants vacated such unit, as indicated: 3. the number Dated: i. Units occupied by Eligible Tenants ii. Units occupied by Moderate Income Tenants M. Vacant units iv. Other (please explain) The unit number, unit size, the tenant paid rental amount charged and collected, of occupants and the income of the occupants for each restricted unit in the Project is set forth on the attached list. All restricted units in the Project are rented at Affordable Rent. OWNER NAME 20_ By: (Printed name and title) 882/015610-0047 ATTACHMENT NO. 7 7 -{ 715762.03 a07/31/06 Page 44 of 46 EXHIBIT "F" RESTRICTED UNIT MATRIX [See following page] ATTACHMENT NO.7 3 882/015610-0047 715762.03 a07/31/06 Page 45 of 46 EXHIBIT "F" RESTRICTED UNIT MATRIX Size No. of Square VLI 45% VLI Units Footage One bedroom Two bedrooms Three bedrooms Four bedrooms VLI = Very Low Income Household (39) 45% VLI = 45% Very Low Income Household (31) ELI = Extremely Low Income Household (9) MI = Moderate Income Household (Management Unit) (1) 882/015610.0047 ATTACHMENT NO. 7 715762.03 a07/31/06 Page 46 of 46 ELI MI T'A ATTACHMENT NO. 8 PROJECT PROFORMA [TO BE INSERTED] 047 71576 .03a 7/31 ATTACHMENT NO. 8 715762.03 a07/31/06 ATTACHMENT NO. 9 BILL OF SALE [SEE FOLLOWING DOCUMENT] 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. 9 BILL OF SALE La Quinta Redevelopment Agency ("Seller"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, paid to it by Southern California Housing Development Corporation ("Purchaser"), has transferred, sold and assigned and by these presents does transfer, sell and assign unto Purchaser the following: Any and all personal property, if any, owned by Seller, described more specifically in that certain Affordable Housing Agreement dated between the parties identified above (the "Agreement"), which personal property is located upon or used in connection with the real property described in Schedule 1 hereto. Seller makes only those representations and warranties set forth in the Agreement concerning such personal property, and to the extent that there is any such personal property, such personal property is transferred, sold and assigned to Purchaser in accordance with the terms thereof. Executed as of this day of "Seller" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ROM ATTEST: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency Its: Executive Director 7 ;? 7 ATTACHMENT NO.9 882/015610-0047 Page 1 of 2 715762.03 a07/31/06 a g SCHEDULE 1 LEGAL DESCRIPTION OF PROPERTY All of that certain real property in the City of La Quinta County of Riverside, State of California, described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 00 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. ATTACHMENT NO. 9 882/015610-0047 715762.03 a07/31/06 Page 2 of 2 ATTACHMENT NO. 10 ASSIGNMENT AND RELEASE [SEE FOLLOWING DOCUMENT] 882/015610-0047 715762.03 a07/31/06 ATTACHMENT NO. 10 ASSIGNMENT AND RELEASE This ASSIGNMENT AND RELEASE ("Assignment and Release") dated , 200_, is executed by La Quinta Redevelopment Agency; a public body, corporate and politic ("Assignor), in favor of The Southern California Housing Development Corporation, a California nonprofit public benefit corporation ("Assignee"). Assignor is the owner of that certain land (the "Site") located in the City of La Quinta, California, described more specifically on Schedule "1" hereto. The Site and the Housing Development thereon are being conveyed by Assignor to Assignee pursuant to a grant deed delivered concurrently herewith. Terms used herein but not defined shall have the meanings ascribed thereto in that certain Affordable Housing Agreement by and between Assignor and Assignee dated as of , 2006 (the "Affordable Housing Agreement"). Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. Subject to Section 2 below, Assignor hereby grants, assigns, transfers, conveys and delivers to Assignee, without warranty, all of Assignor's right, title, interest, benefits and privileges, if any, in and to all entitlements, approvals, maps, applications, plans, specifications, contracts and other documents relating to the Site, the Housing Development or the construction of the Housing Development on the Site between Agency and its contractors, subcontractors, engineers, architects and other consultants, as described more specifically in the Affordable Housing Agreement, as well as the following described property: (a) All construction, general contractor, subcontractor, engineering, consulting, architectural and other similar contracts and any and all amendments and modifications thereto, concerning the design or, construction of all public improvements constructed upon or in connection with development of the Site as well as construction of the Housing Development on the Site (as such terms are defined in the Affordable Housing Agreement), and all warranties with respect thereto (including all statutory, express and implied warranties); (b) All architectural drawings, plans, specifications, soils tests, appraisals, engineering reports and similar materials relating to any or all of the Site and/or the Housing Development. (c) All of Assignor's rights, claims, actions, and causes of action against any of Assignor's general contractors, subcontractors, engineers, architects and consultants relating to or arising from preparation of the architectural drawings, plans, specifications, reports or similar materials relating to the development of the Site or construction of public improvements thereon or construction of the Housing Development, all of the plans and documents referred to in paragraphs 1 and 2 above, as well as all of the same relating to construction of the Housing Development, as well as all rights of Assignor as an additional insured or otherwise pertaining to ATTACHMENT NO. 10 882/015610-0047 Page 1 of 6 715762.03 a07/31/06 g 7:1 0 insurance coverage concerning such architects, engineers, general contractors, consultants and the Site. (d) All governmental entitlements, permissions, environmental clearances, authority to develop the Site and construct the Housing Development, rights, licenses and permits which relate to all or any of the Site, the Housing Development, or the operation thereof; and (e) All general intangibles relating to the development or use of the Site and the Housing Development. 2. Notwithstanding anything to the contrary herein, the foregoing grants, assignments, transfers, conveyances, and deliveries are subject to any limitations which may be imposed by law or under any agreement with any governmental agency or authority or with the contractors, subcontractors, engineers, consultants, and architects referenced in Section 1 above. 3. In consideration of the foregoing assignment, Assignee, for itself and for its agents, successors and assigns, fully releases, acquits and discharges the Assignor and the City of La Quinta ("City") and the Assignor's and City's respective officers, officials, members, representatives, employees, attorneys and agents (all of the foregoing, collectively, the "Released Parties"), from all rights, claims, demands, actions or causes of action that Assignee has or may have against the Released Parties arising out of or related to the development, or physical condition, of the Housing Development, including, but not limited to, claims for damages, attorney's fees and costs, and expert witness fees and costs. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542 Waiver of Section 1542 of the Civil Code Assignee, on behalf of itself and its agents, successors, and assigns, expressly waives any and all rights under Section 1542 of the Civil Code of the State of California, or any other federal or state statutory rights or rules, or principles of common law or equity, or those of any jurisdiction, government, or political subdivision thereof, similar to Section 1542 (hereinafter referred to as a "Similar Provision'). Thus, Assignee may not invoke the benefits of Section 1542 or any Similar Provision in order to prosecute or assert in any manner claims released hereunder. Section 1542 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, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Assignee's initials: 4. The City shall be deemed an express third party beneficiary of the provisions of this Assignment and Release. 7111 882/015610-0047 ATTACHMENT NO. 10 715762.03 a07/31/06 Page 2 of 6 5. This Assignment and Release shall be construed according to its fair meaning and as if prepared by both parties hereto. 6. This Assignment and Release shall be governed by the internal laws of the State of California, without regard to conflict of law principles, and any question arising hereunder shall be construed or determined according to such law. The Superior Courts of the State of California in and for the County of Riverside, or such other appropriate court in such county, shall have exclusive jurisdiction of any litigation between the parties concerning this Assignment and Release. 7. This Assignment and Release may be executed in counterparts, each of which, when this Assignment and Release has been signed by all the parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 8. The person(s) executing this Assignment and Release on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Assignment and Release on behalf of said party, (iii) by so executing this Assignment and Release such party is formally bound to the provisions of this Assignment and Release, and (iv) the entering into this Assignment and Release does not violate any provision of any other agreement to which such party is bound. [signatures on next page] ATTACHMENT NO. 10 Z 882/015610-0047 Page 3 of 6 715762.03 a07/31/06 g IN WITNESS WHEREOF, Assignee and Assignor each hereby represent that they have read this Assignment and Release, understand it, and hereby execute this Assignment and Release to be effective as of the day and year first written above. ATTEST: Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency "Assignor" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: Executive Director "Assignee" THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit, public benefit corporation By: Its: ATTACHMENT NO. 10 '" + 882/015610-0047 Page 4 of 6 715762.03 a07/31/06 g SCHEDULEI LEGAL DESCRIPTION OF PROPERTY All of that certain real property in the City of La Quinta County of Riverside, State of California, described as follows: That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 89' 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 89' 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 0° 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 0° 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records; Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. ATTACHMENT NO. 10 7 ,11 ,4L 882/015610-0047 715762.03 a07/31/06 Page 5 of 6 SCHEDULE2 [ATTACH SCHEDULE OF CONTRACTS TO BE ASSUMED BY ASSIGNEE] ( tJ ATTACHMENT NO. 10 882/015610-0047 Page 6 of 6 715762.03 a07/31/06 g ATTACHMENT NO. 11 MEMORANDUM OF AFFORDABLE HOUSING AGREEMENT [SEE ATTACHED DOCUMENT] 71576 .03 aO7 47 31 ATTACHMENT NO. 11 715762.03 a07/31/06 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director (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 SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("SCHDC"). This Memorandum is made with reference to the following: I. On or about the date of this Memorandum, SCHDC 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 SCHDC entered into that certain Affordable Housing Agreement which provides for Agency to develop the Property and to subsequently convey the Property to SCHDC for SCHDC's ownership, operation and maintenance thereof as an affordable rental housing project. 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 SCHDC 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 SCHDC and SCHDC'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. 882/015610-0047 ATTACHMENT NO. 8 747 715762.03 a07/31/06 Page I of 4 IN WITNESS WHEREOF, Agency and SCHDC 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 "SCHDC" THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit, public benefit corporation Its: 748 ATTACHMENT NO. 10 882/015610-0047 Page 2 Of 4 715762.03 a07/31/06 g 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] 7,19 ATTACHMENT NO. 10 882/015610-0047 Page 3 of 4 715762.03 a07/31/06 g EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All of that certain real property in the City of La Quinta, County of Riverside, State of California, described as follows: ,That portion of the Southeast quarter of the Northeast quarter of Section 19, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Southeast corner of the Northeast quarter of said Section 19; Thence South 890 33' 05" West, on the Southerly line of the Northeast quarter of said Section, 330 feet, to the true point of beginning; thence South 890 33' 05" West, on said Southerly line of the Northeast quarter, 330 feet; Thence North 00 13' 40" West, 1,324.57 feet, to the Northerly line of the Southeast quarter of Northeast quarter of said Section 19; thence North 89' 34' 05" East, on said Northerly line, 330 feet; thence South 00 13' 40" East, 1,324.47 feet to the true point of beginning; Excepting therefrom the Southerly 50 feet conveyed to the County of Riverside by Deeds recorded August 30, 1933 in Book 133, Page(s) 292 and Book 134, Page(s) 298 respectively, of Official Records, Riverside County Records. Also excepting therefrom that portion of described in the deeds to the City of La Quinta, recorded 02-17-1999, as. Instrument No. 62425 and 62426, Official Records. Excepting therefrom the mobile home located thereon. ATTACHMENT NO. 10 882/015610-0047 Page 4 Of 4 715762.03 a07/31/06 g