2007 09 04 CCea# 4 4 Oda
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, SEPTEMBER 4, 2007 — 3:00 P.M.
Beginning Resolution No. 2007-079
Ordinance No. 444
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.
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 CITY'S LEGAL COUNSEL REGARDING POTENTIAL
LITIGATION WITH SHEA TRILOGY TENTATIVE MAP 30023, PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (b) (1) and (c)
City Council Agenda 1 September 4, 2007
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
4:00 P.M.
PLEDGE OF ALLEGIANCE
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.
CONFIRMATION OF AGENDA
PRESENTATIONS — NONE
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES - NONE
CONSENT CALENDAR
NOTE: Consent Calendar items are considered to be routine in nature and will be approved
by one motion.
1. ACCEPTANCE OF VILLAGE ROUNDABOUT IMPROVEMENT PROJECT NO.
2004-09, CDBG PROJECT NO. 4.LQ036.
2. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT AND LICENSE AGREEMENTS FOR CROSSING
FEDERAL LANDS FOR JEFFERSON STREET, AVENUE 52, AVENUE 50, AND
MADISON STREET, AND APPROVAL OF AN INDEMNIFICATION
AGREEMENT AMONG CORAL CANYON, LLC, MINISTRELLI DEVELOPMENT,
INC. AND THE CITY OF LA QUINTA FOR THE EXTENSION OF JEFFERSON
STREET ACROSS FEDERAL LANDS.
City Council Agenda 2 September 4, 2007
BUSINESS SESSION
1. CONSIDERATION OF BOB HOPE CLASSIC PLAYER SPOTS.
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
DEPARTMENT REPORTS - NONE
MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the City Council will be held on September 18, 2007,
commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253.
DECLARATION OF POSTING
I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that
the foregoing agenda for the La Quinta City Council meeting of September 4,
2007, 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 August 31, 2007.
DATED: ugust 31, 2 07
VERONICA J. NTECINO, City Clerk
City of La Q ta, California
City Council Agenda 3 September 4, 2007
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-
7103. 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 meeting.
City Council Agenda 4 September 4, 2007
� T
L0j" c
V yr
CFM OF TN4 9�
NOTICE AND CALL OF REGULAR MEETING OF CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO
THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a regular meeting of the,Council of the City of La
Quinta is hereby called to be held on TUESDAY, SEPTEMBER 4, 2007,
commencing at 3:00 P.M. in the Council Chambers, 78-495 Calle Tampico, La
Quinta, CA 92253.
Dated: August 31, 2007
DECLARATION OF POSTING
I, Veronica J. Montecino, City Clerk of the City of La Quinta, do hereby declare
that the foregoing Notice of Meeting Cancellation dated August 31, 2007, was
posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and
on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111 on
August 31, 2007.
DATED: gust 31, 2007
Veronica J. Mdntecino, City Clerk
City of La Quinta, California
Notice and Call of Meeting 1 September 4, 2007
I C'
COUNCIL/RDA MEETING DATE: Seotember 4, 2007
ITEM TITLE: Acceptance of Village Roundabout
Improvement Project No. 2004-09 CDBG Project No.
4.LQ036
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Accept Village Roundabout Improvement Project No. 2004-09 CDBG Project No.
4.LQ036, 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 $45,372, thirty-five days after the Notice of Completion is recorded.
FISCAL IMPLICATIONS:
The following is a budget summary:
Budget Total
Amount spent through 8/23/07
Amount Available
Original Contract
Contract Change Order Nos. 1-3
Revised Contract Amount
Amount Contractor was paid to date
Remaining Fiscal Commitment
Retention Remaining for Release
Amount Remaining to be Billed
$767,325
$465,927
$301,398
$418,945
$34,772
$453,717
$ 402, 591
$51,126
$45,372
$5,754
Adequate funding is available to pay the contractor's remaining billing ($5,754) and
retention ($45,372) for project closeout.
CHARTER CITY IMPLICATIONS:
None. This project is partially funded with state and federal monies. Therefore, the
contractor is required to pay prevailing wages.
BACKGROUND AND OVERVIEW:
On April 3, 2007, the City Council adopted a Resolution for approval of proposals,
reprogramming funds, and authorizing the City Manager to submit applications to the
Riverside County Economic Development Agency for Community Development Block
Grant (CDBG) funds for Fiscal Year 2007/2008. The Village Traffic Circle was
included within the approved application to receive an additional $160,000 of CDBG
funding during Fiscal Year 2007/2008.
On February 6, 2007 the City Council approved the plans, specifications, and
engineer's estimate for this project and authorized the City Clerk to advertise for bids.
On March 21, 2007, Contreras Construction Co. submitted the lowest responsive bid
in the amount of $418,945.
On April 17, 2007, City Council acted to appropriate an additional $160,000 of
Community Development Block Grant (CDBG) Funds and award a contract to the
Contreras Construction Co., in the amount of $418,945, to construct the Village
Traffic Circle Improvements, Project No. 2004-09.
On May 31, 2007, a Notice to Proceed was issued with a 90 working day contract
completion time starting June 4, 2007, and ending on October 9, 2007. Contract
Change Orders extended the project to October 16, 2007. The project was deemed
substantially complete on August 10, 2007.
The project's construction effort is now deemed to be 100% complete and is in
compliance with the plans and specifications. 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 Village Roundabout Improvement Project No. 2004-09 CDBG Project
No. 4.LQ036, 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 $45,372, thirty-five days after the Notice of
Completion is recorded; or
2. Do not Accept Village Roundabout Improvement Project No. 2004-09 CDBG
Project No. 4.LQ036, 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 $45,372, thirty-five days after the
Notice of Completion is recorded; or
3. Provide staff with alternative direction.
Respectfully submitted,
T' t1s4r
son, P.E.
ubctor/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Lai
04
F Z
F`y OF'CNEO
ITEM TITLE : Adoption of a Resolution Authorizing the
City Manager to Execute Contract and License
Agreements for Crossing Federal Lands for Jefferson
Street, Avenue 52, Avenue 50, and Madison Street and
Approval of an Indemnification Agreement among Coral
Canyon, LLC, Ministrelli Development, Inc. and the City
of La Quinta for the Extension of Jefferson Street Across
Federal Lands
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: ale
STUDY SESSION:
PUBLIC HEARING:
Adopt the attached resolution authorizing the City Manager to execute Contract and
License Agreements for crossing federal lands for Jefferson Street, Avenue 52,
Avenue 50, and Madison Street, approve Contract and License Agreement No. 06-07-
L1502 (License) for the extension of Jefferson Street across federal lands, approve the
Indemnification Agreement among Coral Canyon, LLC, Ministrelli Development, Inc.
and the City of La Quinta for the extension of Jefferson Street across federal lands
and authorize the City Manager to execute the agreement in the form and content
acceptable to the City Manager and City Attorney
FISCAL IMPLICATIONS:
The Indemnification Agreement (Attachment 1) is drafted to require that all of the
expenses and liabilities associated with the Bureau of Reclamation ("BOR") Contract
and License Agreement be borne by Coral Canyon, LLC. The City will have to
maintain Jefferson Street, Avenue 52, Avenue 50 and Madison Streets once they are
constructed and accepted by City Council. Maintenance funds will be requested for
these streets as part of future budget proceedings.
CHARTER CITY IMPLICATIONS:
1•CTii:1A
BACKGROUND AND OVERVIEW:
The BOR Contract and License Agreement ("BOR License Agreement") (Attachment 2)
is to extend Jefferson Street across federal lands. The license allows construction of
a portion of a roadway across federal lands that are administered by the Bureau of
Reclamation. It also allows for a Borrow Pit Use area and a Temporary Construction
Use Area. The proposed roadway is to be located within portions of Secs. 28 and 29,
T.6 S., R.7E, San Bernardino Meridian as shown in Attachment 3.
Coral Canyon, LLC ("Developer"), a California limited liability company, is the proposed
subdivider and developer of property in the City subject to the provisions of Tentative
Tract No. 33444, which is currently known as Coral Canyon and lies south of Lake
Cahuilla and the Quarry development (Attachment 4).
As a condition of approval to Tract Map 33444, the Developer was required to work
with the City, the BOR, and Coachella Valley Water District ("CVWD") to acquire the
right-of-way needed from the BOR for the Jefferson Street realignment. In furtherance
of this obligation, the Developer obtained the BOR License Agreement. In summary,
the BOR License Agreement allows the use of the BOR property for a portion of the
street improvement. The Agreement imposes certain obligations on the City, including
the duty to construct and maintain the improvements and to hold the federal agencies
harmless from any costs or liabilities relating to the use of the property. The
Agreement further requires compliance with federal and state laws, and contains
requirements relating to the discovery of cultural resources. The term of the license is
25 years. Beyond that, the City has the right to request a 25-year extension. Further
extensions require a new application. The City staff and the City Attorney have
concerns regarding the limited duration of the license. Unfortunately, we are informed
by the developer that the BOR is not willing to negotiate the term, and that this is now
part of the BOR's standard license agreement. Recent other agreements we have seen
from the BOR have similar limitations. The condition of approval for Tract Map 33444
anticipated that the acquisition would be a dedication rather than a license with a
limited duration. The staff and the City Attorney's concerns are based upon the
possibility that after the expiration of the 25-year term, the BOR could require the
roadway to be removed, and access to the lots would be eliminated. To put all future
buyers on notice of this limitation, the City is requiring as a condition of the Indemnity
Agreement that a notice be recorded on each lot identifying the limited duration of the
BOR grant. The alternative would be to disapprove the Final Map based upon the
inability to obtain the dedication referenced in the condition of approval to the
Tentative Tract Map. Because this is beyond the control of the developer and the
City, staff does not recommend this alternative.
The Indemnification Agreement among Coral Canyon, LLC, Ministrelli Development,
Inc. and the City clarifies that the City's obligations under the BOR License Agreement
will be the responsibility of the developer rather than the City up until the time that the
street improvements are accepted. From that point on, the City will be responsible for
the maintenance of the street. As stated above, the Agreement also provides for the
recordation of the notice to the lot owners regarding the limitation on the duration of
the BOR License Agreement.
The Indemnification Agreement has been completed in draft form. Counsel for Coral
Canyon, LLC, and Ministrelli Development, Inc. is currently on vacation. It is possible
that revisions may be necessary to the Indemnification Agreement upon his return and
review of the Agreement. Therefore, staff requests that if the City Council approves
the Agreement, the approval be subject to further minor modifications approved by the
City Manager and the City Attorney.
Staff anticipates that similar BOR Contract and License Agreements for Madison
Street, Avenue 50 and Avenue 52 crossings over federal lands, including canals
owned by the Federal government, will be coming to the City in the future due to other
private developments or Capital Improvement Projects (Attachment 3). These BOR
Contract and License Agreements will be virtually identical in content and form to the
attached agreement for Jefferson Street and are not subject to negotiation by the City.
In order to expedite processing, staff recommends that the City Council authorize the
City Manager to execute these agreements.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
11 Adopt the attached resolution authorizing the City Manager to execute Contract
and License Agreements for crossing federal lands for Jefferson Street, Avenue
52, Avenue 50, and Madison Street, approve Contract and License Agreement
No. 06-07-L1502 (License) for the extension of Jefferson Street across federal
lands, approve the Indemnification Agreement among Coral Canyon, LLC,
Ministrelli Development, Inc. and the City of La Quinta for the extension of
Jefferson Street across federal lands and authorize the City Manager to execute
the agreement in the form and content acceptable to the City Manager and City
Attorney; or
2) Do not adopt the attached resolution authorizing the City Manager to execute
Contract and License Agreements for crossing federal lands for Jefferson
Street, Avenue 52, Avenue 50, and Madison Street, do not approve Contract
and License Agreement No. 06-07-1-1502 (License) for the extension of
Jefferson Street across federal lands, do not approve the Indemnification
Agreement among Coral Canyon, LLC, Ministrelli Development, Inc. and the
City of La Quinta for the extension of Jefferson Street across federal lands and
do not authorize the City Manager to execute the agreement in the form and
content acceptable to the City Manager and City Attorney; or
3) Provide staff with alternative direction.
Respectfully submitted,
othy R. Jo asso .E.
Public Works irecto /City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Indemnification Agreement
2. Contract and License Agreement
3. BOR Agreement Exhibits
4. Vicinity Map
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT
AND LICENSE AGREEMENTS FOR CROSSING
FEDERAL LANDS FOR JEFFERSON STREET,
AVENUE 52, AVENUE 50 AND MADISON STREET
WHEREAS, Bureau Of Reclamation (BOR) Contract and License
Agreements are or will be required for Jefferson Street, Madison Street,
Avenue 50 and Avenue 52 to cross federal lands that are administered by
the Bureau of Reclamation; and
WHEREAS, Coral Canyon, LLC is the proposed subdivider and
developer of property in the City subject to the provisions of Tentative Tract
No. 33444, which is currently known as Coral Canyon and lies south of Lake
Cahuilla and the Quarry development; and
WHEREAS, As a condition of approval to Tract Map 33444, the
Developer was required to work with the City, the BOR, and Coachella Valley
Water District to acquire the right-of-way needed from the BOR for the
Jefferson Street realignment; and
WHEREAS, In furtherance of this obligation, the Developer obtained
the BOR Contract and License Agreement which allows the use of the BOR
property for a portion of the street improvement, imposes certain obligations
on the City, including the duty to construct and maintain the improvements
and to hold the federal agencies harmless from any costs or liabilities relating
to the use of the property, requires compliance with federal and state laws,
and contains requirements relating to the discovery of cultural resources; and
WHEREAS, Staff anticipates that similar BOR Contract and License
Agreements for Madison Street, Avenue 50 and Avenue 52 crossings over
federal lands, including canals owned by the Federal government, will be
coming to the City in the future due to other private developments or Capital
Improvement Projects; and
WHEREAS, These BOR Contract and License Agreements will be
virtually identical in content and form to the agreement for Jefferson Street
and are not subject to negotiation by the City; and
WHEREAS, In order to expedite processing, staff recommends that
the City Council authorize the City Manager to execute these agreements.
Resolution 2007-
Authorize City Manager to Execute BOR Contract and License Agreements
Adopted: September 4, 2007
Page 2
NOW, THEREFORE, BE IT RESOLVED, by the La Quinta City Council,
as follows:
The City Council of the City of La Quinta approves Contract and
License Agreement No. 06-07-Ll502 (License) for the extension of
Jefferson Street Across federal lands.
2. The City Council of the City of La Quinta authorizes the City Manager
to execute the BOR Contract and License Agreement for crossing
federal lands for Jefferson Street and similar future BOR Contract and
License Agreements for crossing federal lands for Avenue 52, Avenue
50, and Madison Street.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta City Council held on this 4th day of September 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta, California
F-11111i111*119
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
(SEAL)
Resolution 2007-
Authorize City Manager to Execute BOR Contract and License Agreements
Adopted: September 4, 2007
Page 3
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
ATTACHMENT 1
INDEMNIFICATION AGREEMENT
THIS INDEMNIFICATION AGREEMENT (the "Agreement") is made and entered
into this day of September, 2007, by and between Coral Canyon, LLC, a
California Limited Liability Company ("Developer"), Ministrelli Development, Inc., a
California Corporation ("Guarantor"), and the City of La Quinta, a California Municipal
Corporation (the "City").
RECITALS
A. Developer is the subdivider and developer of Tentative Map No. 33444 (the
"Project") located in the City of La Quinta subject to the conditions of approval
found in City Council Resolution 2005-082 ("Conditions of Approval").
B. The Conditions of Approval obligate Developer to construct certain improvements
on Jefferson Street, generally described as follows, and more specifically
described in the Conditions of Approval, #62, A 2) & A 3) as follows: (a) realign
and widen Jefferson Street from its northerly terminus on Avenue 58 to Cahuilla
Park Road, (b) realign and widen Jefferson Street from Cahuilla Park Road to the
northerly boundary of Tentative Map No. 33444, herein referred to as (the
"Required Improvements").
C. Guarantor is a California corporation which owns an interest in Developer.
Guarantor has agreed to guarantee the performance of Developer's obligation in
this Agreement.
D. Developer has coordinated an application to the Department of Interior, Bureau
of Reclamation ("BOR") to obtain a license over the necessary right-of-way for
the portion of the Required Improvements which cross over the All American
Canal Project, portions of Sections 28 and 29, T.6S., R. 7 E., San Bernardino
Meridian, California.
E. As a result of Developer's efforts, the BOR has transmitted to the City a
proposed Contract and License No. 06-07-34-1-1502, a true and correct copy of
which is attached hereto as Exhibit A ("BOR License Agreement"), and which is
incorporated herein by this reference.
F. In the normal course of subdivision development, the City does not accept off -
site improvements or the right of way they are built upon until the improvements
are completed to the satisfaction of the Director of Public Works and formally
accepted by the City Council.
G. Developer has requested that the City execute the BOR License Agreement in
advance of the construction of the improvements, thereby necessitating this
Agreement.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Responsibilities of Developer: Developer shall perform all of the obligations
identified as being the obligation of the Licensee in the BOR License Agreement.
These include, but are not limited to, making all required payments to the BOR, the
construction of the Required Improvements, and indemnification of the United
States and the BOR in accordance with Section 7 of the BOR License Agreement,
all of the Miscellaneous Conditions specified in Section 9 of the BOR License
Agreement, the requirements regarding discovery of Cultural Resources in Section
12 of the BOR License Agreement, the requirements and obligations relating to
Hazardous Materials in Section 13 of the BOR License Agreement, and the
compliance with all of the clean air and clean water regulations contained in
Section 14 of the BOR License Agreement. Developer shall further be responsible
for any other costs, expenses, and actions necessary to implement the BOR
License, which implementation is to be at no expense to the City. The assumption
of obligation by the Developer in this Section shall be without prejudice to its right
to seek reimbursement from the City under the Developer Impact Fee program.
2. Responsibilities of Guarantor: As a material inducement to the City to execute the
BOR License Agreement, Guarantor has agreed to be responsible for the
obligations and duties of Developer to the extent the developer fails to or is
otherwise unable to perform as required by this Agreement.
3. Responsibility of City: The City's obligation shall be: (1) to approve and execute
the BOR License Agreement; (2) to accept the Required Improvements once they
are completed in accordance with the approved Improvement Plans and provided
they meet the approval of the Director of Public Works; (3) to undertake the normal
maintenance of the Required Improvements once accepted; and (4) to apply for the
25-year extension referred to in Section 4(a) of the BOR License Agreement. The
City shall have no obligation to replace the Requirement Improvements unless it
deems it appropriate to do so in its absolute and sole discretion.
4. Disputes. In the event of any dispute arising under this Agreement, the injured
party shall notify the injuring party of its contentions by submitting a claim therefor.
The injured party shall continue performing its obligations incurred herein so long
as the injuring party commences to cure such injuring action within ten (10) days of
service of such notice and completes the cure within forty-five (45) days after the
notification, or such longer period as may be necessary or agreed upon by all
parties to this Agreement.
5. Attorneys' Fees. If any party commences an action against the other arising out of
or in connection with this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and legal costs from the losing party related to
enforcement of the provisions of this Agreement.
6. Indemnification. Developer agrees to indemnify, defend, and hold City and its
officers, employees, agents, representatives, and assigns ("City Indemnitees")
harmless from and against any losses, claims, demands, actions, or causes of
action ("Claims"), of any nature whatsoever, arising out of or in any way connected
with the performance of Developer, its officers, employees, agents, or
representatives under this Agreement, including costs of suit and reasonable
attorneys' fees. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding in any way involving such Claims,
Developer shall provide a defense to the City Indemnitees, or at the City's option,
reimburse the City Indemnitees their costs of defense, including reasonable
attorneys' fees, incurred in defense of such claim. In addition, Developer shall be
obligated to promptly pay any final judgment or portion thereof rendered against
the City Indemnitees.
7. City Officers and Employees. No officer or employee of City shall be personally
liable to Developer or any successor -in -interest in the event of any default or
breach by City or for any amount which may become due to Developer or to its
successor or for breach of any obligation of the terms of this Agreement.
8. Term of Agreement. This Agreement shall remain in full force and effect following
the date it has been executed by both parties, until the expiration of the BOR
License Agreement. If the BOR License Agreement is terminated prior to the
expiration of its 25-year term, Developer's obligations shall survive the termination
and shall continue until completed.
9. Insurance. Developer shall concurrently with the execution of this Agreement,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts
specified below. This insurance shall be kept in full force and effect by Developer
in perpetuity and all premiums thereon shall be promptly paid by it. Each policy
shall further state that it cannot be canceled without 30 days unconditional written
notice to the City and shall name the City as an additional insured. Developer shall
furnish evidence of having in effect, and shall maintain Workers Compensation
Insurance coverage of not less than the statutory amount or otherwise show a
certificate of self-insurance, in accordance with the Workers Compensation laws of
the State of California. Failure to maintain the required amounts and types of
coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
a. Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a
Commercial General Liability Policy, on an occurrence basis, with a
minimum limit of not less than One Million Dollars ($1,000,000) combined
single limit for bodily injury and property damage for any one occurrence
and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the
following:
i) Premises Operations, including Explosion, Collapse and Underground (X,
C, and U) Coverage.
ii) Completed Operations/Products, including X, C, and U Coverage.
iii) Independent Contractors.
iv) Blanket Contractual.
v) Deductible shall not exceed One Thousand Dollars ($1,000).
b. Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a
Commercial Business Auto Policy, on an occurrence basis, with a minimum
amount of not less than One Million Dollars ($1,000,000) combined single
limit for bodily injury and property damage, providing at least all of the
following coverage:
i) Coverage shall be applicable to any and all leased, owned, hired, or non -
owned vehicles used in pursuit of any of the activities associated with
this Contract.
ii) Any and all mobile equipment, including cranes, which is not covered
under said Commercial Business Auto Policy, shall have said coverage
provided for under the Commercial General Liability Policy.
iii) Deductible shall not exceed One Thousand Dollars ($1,000).
10. Notice. Any notice, demand, request, consent, approval, or communication either
party desires or is required to give to the other party or any person shall be in
writing and either served personally or sent by prepaid, first-class mail to the
address set forth below. 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
La Quinta, California 92253
Attn: City Engineer
(760)777-7075
To Developer: Coral Canyon, LLC
Attn:
(760) 771-1941
11. Assignment of Agreement. Neither party may assign its obligations hereunder to
any assignee without the knowledge and with written consent of the other party
hereto which other party shall not unreasonably withhold consent. Assignment
may be made only to an assignee willing, financially capable, and competent to
carry out the assignor's obligations.
12. General Provisions.
A. Except as otherwise provided herein, the terms, conditions, covenants, and
agreements set forth herein shall apply to and bind the heirs, executors,
administrators, assigns, and successors of the parties hereto.
B. Neither party to this Agreement relies upon any warranty or representation
not contained in this Agreement.
C. This Agreement shall be governed by and interpreted with respect to the laws
of the State of California.
D. Any failure or delay by either party in asserting any of its rights and remedies
as to any default shall not operate as a waiver of any default or of any rights
or remedies provided for herein.
E. This Agreement may be amended at any time by the mutual consent of the
parties by an instrument in writing signed by both parties.
F. In the event that any provision or provisions of this Agreement are held
unenforceable, all provisions not so held shall remain in full force and effect.
G. 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 are formally
bound to the provisions of this Agreement.
13. Condition Precedent. This Agreement shall become effective only if the BOR
License Agreement is fully executed.
14. Disclosure of Limited Duration of BOR License. The BOR License Agreement
provides in Section 4 that its initial term is for 25 years, and that an additional 25 years
may be granted upon application and agreement of the parties thereto. The BOR
License Agreement further provides that any further extension will be treated as a new
application. Developer agrees to ensure that all lot purchasers shall be informed of the
limitation on the duration of the license by way of a recorded notice in a form acceptable
to the City Attorney and the Director of Public Works. Developer agrees that the City
will not approve the recordation of the Final Map for Tract No. 33444 until and unless
the approved notice to all lot purchasers is recorded simultaneously.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
CITY OF LA QUINTA:
Thomas P. Genovese, City Manager
Date
ATTEST:
Veronica Montecino, City Clerk
City of La Quinta
Approved as to Form:
M. Katherine Jenson, City Attorney
City of La Quinta
Date Date
CORAL CANYON, LLC
Date
Title:
Ministrelli Development, Inc.
By:
Date
Title:
EXHIBIT
United States Department of the Interior
BUM, -AU OF RECLAVINHON
Yuma Area Officc
14 a
301 Calle Agtia Safiuhi
Yuma, Arizona 85,h4
YAO-7120 AUG o 8 2007
LND-6.00
Mr. Tim Jonasson
City Engineer
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
Subject: City of La Quinta — Contract and License to Extend Jefferson Street Across
Federal Lands - Contract and License No. 06-07-34-LI502 (License) — All -
American Canal Project, Coachella Canal Division, California
Dear Mr. Jonasson:
Enclosed are an original and two duplicate originals of the subject License. Tile License allows
construction of a portion of a roadway across Federal lands that are administered by the Bureau
of Reclamation (Reclamation). The proposed roadway is to be located within portions of
sees. 28 and 29J. 6 S., R. 7 E., San Bernardino Meridian, California.
If the License is satisfactory, please sign all copies and return them to this office. Please include
official documentation, such as a resolution approved by the City Council, which clearly shows
that the signatory is authorized to act oil behalf of the City of La Quinta.
Once the Licenses are signed by the City or La Quinta and Coachella Valley Water District.
Reclamation will prepare a final reconciliation of your reimbursable account for administrative
costs. Once this account is settled, a fully executed duplicate original of the License will be
provided for your files.
Please reference License No. 06-07-34-LI 502 in all communications regarding this matter.
If you have questions, please contact Mr. Roy Romines, Really Specialist. at 928-3 )4 1-83 0) 1
Sul rely.
4 I k�pr
ZC thia Hoed, Dii �tor
Resource Management Office
Enclosure in Triplicate
cc: Mr. Steven B. Robbins
General Manager - Chief Engineer
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
(W/O encls)
Contract No-06-07-34-L 1502
LNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
LOWER COLORADO REGION
YUMA AREA OFFICE
YUMA, ARIZONA
BOULDER CANYON PROJECT
ALL-AMERICAN CANAL SYSTEM,
COACHELLA DWISION,
CALIFORNIA
CONTRACT AND LICENSE
I THIS CONTRACT AND LICENSE (License), is made this day of _ ___
2 2p____, pursuant to provisions of the Reclamation Act of June 17, 1902 (32 Stat. 388); 1950 (6(64
3 Reclamation Project Act of August 4, 1939 (53 Stat. 1187), as amended August 18,
4 Stat. 463); and acts amendatory thereof or supplementary thereto; and the provisions of 43 C.F.R.
5 § 429, between the United States of America, acting through the Bureau of Reclamation,
6 hereinafter refereed to as "Reclamation," represented by the officer executing this License,
7 hereinafter referred to as the "Area Manager," and the City of La Quinta, hereinafter referred to
8 as the "Licensee," with the concurrence of the Coachella Valley Water District, hereinafter
9 referred to as the "District."
10 -
II WITNESSETW
12
13 WIIEREAS, the Licensee desires the authorization of Reclamation and a right-ol-use to
14 construct, own and maintain a portion of a roadway within, on, over andlor across certain lands
15 which were withdrawn for Bureau of Reclamation project purposes and certain lands that wcre
5 Star.
16 1928 rand tile ReltabaBoulder
li alien an Betterment A t of` OctoherAct
7 4t 94`� (d_3t}Stat, 457) ),as Decemb� p nded er 1
18 and
19
20 WHEREAS, THE Licensee also desires the authorization of Reclamation and a
21 ional
on administered withdrawn
22 located adjacent to he roadway for aatBorrow Pit (JsetArea and Temporary Construction Ilands
sc
23 Area; and
24
25 WHEREAS, the granting of such authorization and right -of -use by Reclamation and the
26 exercise of such right -of use by the Licensee under the terms and conditions herein provided will
27 be compatible with the purposes for which the lands are administered on behalf of the
29 United States by Reclamation; and
29
30 WHEREAS, the purpose of this. License is to grant the Licensee authorization and a
31 right -of -use to construct, own and maintain that portion of the Jefferson Street Extension that
32 crosses Reclamation lands further defined herein below; and
33
34 WHEREAS, the providers of various public utilities intend to install and/or construct
35 utilities and/or other improvements throughout the Jefferson Street Extension. Any such
36 provider intending to install or construct any utilities and/or other improvements, not specifically
37 authorized by this License, across Reclamation lands shall make separate application to
38 Reclamation for a Contract and License authorizing an individual right -of -use, under terms and
39 conditions set forth therein, prior to any construction or installation.
40
41 NOW, THEREFORE, subject to the conditions hereinafter set forth, Reclamation does
42 hereby grant to the Licensee authorization and a right -of -use to construct, own and maintain that
43 segment of the Jefferson Street Extension, hereinafter referred to as "Facilities" within, on, over
44 and/or across Reclamation lands defined herein below. The parties hereto agree as follows:
45
46 1. DESCRII'1ION OF RECLAMATION LANDS:
47
48 Portions of the N'/iNE`/a, section 29, and the W'l/zNWY< ofsection 28, Township 6
49 South, Range 7 East, San Bernardino Meridian, County of Riverside, State of
50 California, said area contains approximately 26,28 acres consisting of 14.0 acres
51 of long tern use area and 12.28 acres of temporary use area, more or less.
52
53 The above described area, hereinafter refeiied to as "the Premises- is further described by metes
54 and bounds on Exhibit A and is also depicted on Exhibit B and B-2. Said Exhibits A, B, and B-2
55 are attached hereto and by this reference made a part hereof.
56
57 2. SIJCCF.SSORS AND ASSIGNABILITY; This Lle@use is personal, revocable and
58 nontransferable and shall not be eanstrued as granting to the Licensee any eight, title or
interest in
59 the Premises or any other property, facilities or works of the United States and/or Reclamation.
60 This License shall be binding upon and inure to the benefit of the successors and assigns of the
61 parties hereto; provided, however„ that no assignment or transfer of any of the rights ol'the
62 Licensee hereunder shalt be made without the prior wrilten consent of Reclamation.
63
64 3, OWNERSHIP OF FAC1L1T1ES: The Licensee shall at all tunes and at its sole expense,
65 without any expense and/or liability whatsoever to the United States and/or Reclamation,
66 construct, own, maintain and make necessary repairs to or replacements of its Facilities in a
Contract No. 06-07-34-1-1502
67 manner so as not to interfere with the proper use and operation of or cause injury or damage to
68 any property, facilities or works of the United States an&or Reclamation. The Licensee shall
69 reimburse the United States and/or Reclamation for all injury or damage to property, facilities or
70 works of the United States and/or Reclamation arising out of the utilization of the rights granted
71 pursuant to this License which is caused by the Licensee, its officers, agents, or employees, and
72 the Licensee shall promptly pay any bills rendered therefore by Reclamation,
73
74 4. TERM:
75
76 (a) This License, unless terminated sooner as provided by Article 8 hereof, shall
77 terminate twenty-five (25) years from the date hereof. This License may, upon agreement of the
78 parties, be extended for an additional twenty-five (25) year teen. Any request for extension shall
79 be filed by the Licensee, in writing, with the Area Manager. Any request for extension must be
80 filed riot less than one hundred and eighty (180) days prior to termination of this License. Any
81 subsequent requests for continued use of the Premises will require that a new application be filed
82 not less than 180 days prior to the expiration of the License or any extension thereof.
83
84 (b) Authorization for Licensee to enter and utilize the Borrow Pit Use Area and
85 Temporary Construction Use Area shall terminate two (2) years from the date hereof, unless this
86 License is terminated sooner as provided by Article 8 hereof.
87
88 5. CONSIDERATION: In accordance with 43 C.F.R. § 429, consideration for this License
89 shall be payment to Reclamation by the Licensee of the following:
90
91 (a) The sum of Two Hundred Dollars ($200), as the initial deposit fee required under
92 43 C.F.R. § 429.6(b), for submission and preliminary application review, the receipt of which is
93 hereby acknowledged; and
94
95 (b) All additional administrative costs in excess of the initial deposit for
96 administrative costs incurred by Reclamation in processing this License, which shall be due and
97 payable to Reclamation within 30 days after receipt of a bill rendered therefore.
98
99 6. WEPTfONS nND RtiSERVATlONS:
100
101 (a) The United States and/or Reclamation and the District reserve the right of its/their
102 officers, agents and employees to at all times have unrestricted access and ingress to, passage
103 over and egress from all of the Premises to make investigations of all kinds, dig test pits and drill
104 test holes, to survey for and construct reclamation and irrigation works and other structures
105 incident to Reclamation project needs and purposes.
106
107 (b) The rights granted. heremider shall not be exclusive in character and ilia
108 United States and/or Reclamation reserves to itself, its successors and assigns, the tight against
109 the Licensee to use any or all of the Premises, which is or /nay be crossed, or upon which
Contract No. 06-07-34-LI502
4
110 irrigation and drainage facilities and works of Reclamation have been constructed, and to
III construct, reconstruct, operate and maintain therein and thereon dams, dikes, canals, waste ways,
112 laterals, ditches, telephone and telegraph lines, electric transmission lines, roadways and
113 appurtenant irrigation and drainage structures which may be needed or useful in connection with
114 or as a part of canals, laterals and other irrigation and drainage facilities without any payment by
115 Reclamation, its successors or assigns for the exercise of such right. The Licensee agrees that if
116 the construction, reconstruction, installation, operation or maintenance of any or all of such
117 works of the United States and/or Reclamation, on or across the Premises at the above -described
118 location of the Licensee's Facilities, should be made more expensive by reason of the existence
119 of the Licensee's Facilities, such additional expense may be estimated by Reclamation whose
120 estimate shall be final and binding upon the parties hereto, and within thirty (30) days after
121 demand is made upon the Licensee for payment of any such sums, the Licensee will make
122 payment thereof to the United States and/or Reclamation or its successors or assigns constructing
123 such works across, over, under or upon the Premises.
124
125 (c) Reclamation reserves the right to inspect the Facilities of the Licensee or its
126 assigns under the terms of this License both during the progress of construction and upon
1,27 completion thereof.
128
129 (d) Jurisdiction of and supervision by Reclamation over the Premises is not
130 surrendered or subordinated by issuance of this License and the United States and/or
131 Reclamation reserves the right to issue additional licenses or other agreements for compatible
132 uses of the Premises.
133
134 7. INDEMNITY:
135
136 (a) The Licensee hereby agrees to hold harmless and indemnify the United States
137 and/or Reclamation, itsJtheir employees, agents, successors or assigns from and against any
138 claims, demands, costs, losses, causes of action, damages or liability of whatsoever kind or
139 nature arising out of or resulting from acts of negligence of the Licensee, its officers, agents or
140 employees in the utilization by the Licensee of the rights granted to it pursuant to this License.
141 Additionally, except for acts of negligence, the Licensee releases the United States and/or
142 Reclamation, its/their officers, employees, successors and assigns from any and all liability for
143 damage arising from injury to persons or damage to structures, equipment, improvements or
144 works of the Licensee resulting from the construction, operation or maintenance of any of the
145 works of the United States and/or Reclamation. Provided, bowev_er, that nothing contained in
146 this clause shall be deemed to modify or limit any liability which may be imposed by the Federal
147 Tort Claims Act, 28 U.S.C. a 2617, et se.. (1970).
148
149 8. TERMINATION: This License shall terminate and all rights of the Licensee hereunder
150 shall cease upon the following:
151
152 (a) At the expiration of the term as provided by Article 4; or
Contract No. 06-07-34-L1502
153
154 (b) At any time by Licensee upon 60 days written notice to Reclamation; or
155
156 (c) At any time by Reclamation, if Reclamation determines that the Premises or any
157 portion thereof is needed for project purposes of Reclamation and/or the District, upon 120 days
158 written notice to the Licensee; or
159
160 (d) After failure of the Licensee to observe any of the conditions of this License, and
161 on the tenth day following service of written notice on the Licensee of termination because of
162 failure to observe such conditions; or
163
164 (e) Upon a determination by Reclamation that any activity by the Licensee in or upon
165 the Premises is or was illegal.
166
167 9. MISCELLANEUUS CUNDITIUNS: In the use of the Premises, the Licensee shall
168 faithfully observe each of the following conditions:
169
170 (a) The Licensee, at its sole expense, shall construct, own, use and maintain its
171 Facilities in conformity with all applicable regulations of Federal, State and local regulatory
172 agencies, including but not limited to, those relating to pollution and environmental control.
173
174 (b) All construction, use and maintenance activities undertaken pursuant to this
175 License shall be in conformity with the specifications approved in advance by the Area Manager
176 and the District and shall be conducted by the Licensee at all times in a manner satisfactory to the
177 Area Manager and the District.
178
179 (c) The Licensee shall at all times keep the Premises, including construction areas
180 used by the Licensee, free from accumulations of waste materials or rubbish.
181
182 (d) During construction and use of the Premises, the Licensee shall carry out proper
183 and efficient measures wherever and as often as, necessary to reduce nuisance by dust, and to
184 prevent dust which has originated from its operations from damaging any other properties or
185 causing a nuisance to persons.
186
187 (e) The Licensee shall reimburse the united States and/or Reclamation for any and all
188 costs and expenses incurred in the defense ofany action which challenges the Licensee's use of
189 the Premises.
190
191 (f) The Licensee shall not use the Premises or permit the use thereof for any purpose
192 except as set forth herein.
193
Contract No. 06-07-34-1,1502
M
194 (g) The rights granted by this License are subject to any and all rights of the
195 United States and/or Reclamation, and to existing rights in favor of the public or third parties.
196 The Licensee agrees that it is its sole responsibility to make whatever arrangements as are
197 necessary to obtain such rights as may be required of the Licensee from any other party or parties
198 holding any other interests.
199 .
200 (h) upon termination of this License for any reason, the Licensee may be required, at
201 the option of the United States and/or Reclamation, to remove any or all of its Facilities placed
202 upon the Premises and shall restore the Premises to a condition satisfactory to the Area Manager,
203 If the Licensee fails to remove its Facilities within sixty (60) days after termination of this License,
204 the Area Manager may, on behalf of the United States and/or Reclamation, deny and prohibit any
205 or all public access to the Licensee's Facilities or remove the Licensee's Facilities at the expense of
206 the Licensee, and Licensee shall promptly pay the United States and/or Reclamation for removal
207 and restoration upon receipt of billing.
208
209 (i) The Licensee shall provide a construction schedule and 72-hours notice to
210 Reclamation prior to start of construction. Said 72-hours notice shall be provided to
211 Reclamation's Technical Services Group Manager at telephone No. 928-343-8100 so that a
212 Reclamation construction inspector can be on -site during construction activities.
213
214 (j) The Licensee is aware that Reclamation has given a prior authorization to the
215 Coachella Valley Recreation and Park District ("CVRPD") for the Coral Mountain Trail within
216 portions of the Premises. The Licensee shall deliver to Reclamation written evidence of
217 CVRPD's approval of the Jefferson Street Extension prior to commencing ground disturbing
218 activities within the Premises.
219
220 10. OFFICIALS NOT TO BENEFIT: No Member of or Delegate to Congress or Resident
221 Commissioner, and no officer, agent or employee of the Department of the Interior, shall be
222 admitted to any share or part of this License or to any benefit that may arise herefrom, but this
223 restriction shall not be construed to extend to this License ifmade with a corporation or
224 contractor for its general benefit.
225
226 11. COVENANT AGAINST CONTINGENT FEES: The Licensee warrants that no person
227 or agency has been employed or retained to solicit or secure this License upon an agreement or
228 understanding for a commission, percentage, brokerage or contingent f cc, excepting bona fide
229 employees or bona fide established agencies maintained by the Licensee for the purpose of
230 securing business. For breach or violation of this warranty, the United States and/or Reclamation
231 shall have the right to annul this License without liability or in its discretion to require the
232 Licensee to pay, in addition to the right -of -use consideration, the full amount of such
233 commission, percentage, brokerage or contingent fee.
234
Contract No. 06-01-34-1-1502
_ p;g� p Ry pF CULTURAL RESOUR The Licensee shall immediately provide
236 an araT natiTficaiian to Reclamation of discovery of any and all antiquities or other objects of
237 archaeological, cultural, historic Orseicutit5c interest on Reclamation lands. The Licensee shall
238 follow up with a written report of their finding(s) to Reclamation witlun forty-eight (48) hours.
239 Objects under consideration include, but are not limited to, historic or prehistoric ruins, human
240 remains, funerary objects and artifacts discovered as a result of activities authorized under this
241 License. The Licensee shall immediately cease the activity in the area of the discovery, make a
242 reasonable effort to protect such discovery and wait for written approval from Reclamation
243 before resuming the activity. Protective and mitigative measures specified by Reclamation shall
244 be the responsibility of the Licensee.
245
246 13. HAZARDOUS MATERIALS:
247
248 (a) The Licensee may not allow contamination or pollution of lands, waters or project
249 works of the United States and/or Reclamation for which the Licensee has the responsibility for
250 care, operation and maintenance by its employees or agents and shall take reasonable precautions
251 to prevent such contamination or pollution by third parties.
252
253 (b) The Licensee shall comply with all applicable Federal, State and local law and
254 regulations and Reclamation policies and instructions, existing or hereafter enacted or
255 promulgated, concerning any hazardous material that will be used, produced, transported, stored
256 or disposed of on or in lands, waters or project works of the United States and/or Reclamation.
257
258 (c) "Hazardous material" means any substance, pollutant or contaminant listed as
259 hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act
260 of 1980, as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that
261 Act. In addition, it shall include thermal pollution, refuse, garbage, sewage effluent, industrial
262 waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers
263 or any other pollutants.
204
hich
265 (d) Upon discovery of any event wmay or does result in contamination or
266 pollution of lands, waters or project works of the United States and/or Reclamation, the Licensee
267 shall initiate emergency measures to protect health and safety and the environnnern if necessary
268 and shall provide notice of such discovery with full details of the actions to Reclamation's
269 Environmental Planning and Compliance Group Manager at telephone No. 928-343-8100.
270 Additionally, all spills regardless of size shall be reported to Reclamation's Environmental
271 Planning and Compliance Group Manager. Such notice shall be within a reasonable time period
272 but not to exceed 24 hours from the time of discovery if it is an emergency and the first working
273 day if it is a non -emergency.
274
Contract No. 06-07-34-1.1502
275 (e) Violation of any of the provisions of this Article, upon which the Licensee does
276 not take immediate corrective action, may, as determined by Reclamation, constitute grounds for
277 termination of this License and shall make the Licensee liable for the cost of full and complete
278 remediation and/or restoration of any resources or facilities of the United States and/or
279 Reclamation that are adversely affected as a result of the violation.
280
281 (t) The Licensee agrees to include the provisions contained in paragraphs (a) through
282 (e) of this Article in any subcontract or third party contract it may enter into pursuant to this
283 License.
284
285 (g) Reclamation agrees to provide information necessary for the Licensee using
286 reasonable diligence to comply with the provisions of this Article.
287
288 14. CLEAN AIR AND WATER: The Licensee agrees as follows:
289
290 (a) To comply with all Federal, State, and local requirements of the Clean Air Act
291 (CAA) and the Clean Water Act (CWA); and
292
293 (b) To obtain written permission from Reclamation prior to conducting any activities
294 that require permits, plans, or certificates under the C AA or the CWA; and
295
296 (c) To provide Reclamation with a copy of any correspondence between the Licensee
297 and any regulatory agency concerning CAA or CWA compliance, including, but not limited to,
298 copies of permit applications, permits, reports, notices of violation or enforcement actions; and
299
300 (d) To take immediate and effective action to correct any violation related to the CAA
301 or the CWA. Provide Reclamation with a narrative description of the violation, the actions taken
302 by the Licensee, the date the violation began, the date that the Licensee became aware of the
303 violation and the date that the Licensee returned to compliance; and
304
305 (e) To take action to comply with any changes to the CAA and the CWA within the
306 schedule required by the regulation, rule or guidance.
307
308 15, NOTICE :
309
310 (a) Any notices required by this Article shall be served by certified mail addressed to
311 the respective addresses given herein and the mailing of any such notice properly enclosed,
312 addressed, stamped and certified, shall be considered service.
313
314 (b) Any notice, demand or request required or authorized by this l,icensc to be given
315 or made to or upon the United States axllor Reclamation shall be deemed properly given or
316 made if delivered or mailed postage -prepaid, to the Area Manager, Yuma Area Office, Bureau of
317 Reclamation, 7301 Caile Agua Salada, Yuma, Arizona 85364.
Contract No. 06-07-34-LI 502
318 (c) Any notice, demand or request required or authorized by this License to be given
319 or made to or upon the Licensee shall be deemed properly given or made if delivered or mailed
320 postage -prepaid, to the City of La Quints, P.O. Box 1504, La Quinta, California 92247-1504.
321
322 (d) The designation of the person to or upon whom any notice, demand or request is
323 to be given or made, or the address of such person may be changed at any time by notice given in
324 the same manner as provided in this Article for other notices.
325
326 16, hLO WARRANTY: Reclamation makes no warranty, express or implied, as to the extent
327 or validity of the grant contained herein.
Contract No. 06-07-34-L1502
10
IN WITNESS WHEREOF, the parties hereto have signed their names to this
CONTRACT AND LICENSE which shall become effective the day and year first above written.
THE UNITED STATES OF AMERICA
By:
Area Manager
Yuma Area Office
Lower Colorado Region
Bureau of Reclamation
United States Department of
the Interior
Date:
CITY OF LA QUfNTA
Title:
Date:
CONCURRENCE:
COACHELLA VALLEY WATER DISTRICT
By:
Title:
Date:
Contract No. 06-07-34-1-1502
ATTACHMENT 2
ax
QS:'i. .a>elhfi
United States Department of the Interior
BURFAU OF RECLAMATION
TAKE PRIDE'
a e� Yulna Area Office INAM4ERICA
2301 Calle ASua Salada
, wxr �FSF rt;, Yume_ Arizona 85364
YAO-7120 AUG 0 8 2007
LND-6.00
Mr. Tim Jonasson
City Engineer
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
Subject: City of La Quinta — Contract and License to Extend Jefferson Street Across
Fedcral Lands — Contract and License No. 06-07-34-L1502 (License) — All -
American Canal Project, Coachella Canal Division, California
Dear Mr. Jonasson:
Enclosed are an original and two duplicate originals of the subject License. The License allows
construction of a portion of a roadway across Federal lands that are administered by the Bureau
of Reclamation (Reclamation). The proposed roadway is to be located within portions of
sees. 28 and 29, T. 6 S., R, 7 E., San Bernardino Meridian, California.
If the License is satisfactory, please sign all copies and return them to this office, Please include
official documentation, such as a resolution approved by the City Council, which clearly shows
that the signatory is authorized to aet-on behalf of the City of La Quinta.
Once the Licenses are signed by the City of La Quinta and Coachella Valley Water District,
Reclamationwillprepare a final reconciliation of your reimbursable account for administrative
costs, Once this account is settled, a fully executed duplicate original of the License will be
provided for your files.
Please reference License No. 06-07-34-LI.502 in all communications regarding this matter.
If you have questions, please contact Mr. Roy Romines, Realty Specialist, at 928-343-8331.
Sin rely,/
Ca Hoeft, Dir ct or
Resource Management Office
Enclosure in Triplicate
cc: Mr. Steven B. Robbins
General Manager— Chief Engineer
Coachella Valley Water District
P.O. Box 1058
Coachella, CA 92236
Wo encls)
Contract No.06-07-34•L1502
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
LOWER COLORADO REGION
YUMA AREA OFFICE
YUMA, ARIZONA
BOULDER CANYON PROJECT
ALL-AMERICAN CANAL SYSTEM,
COACHELLA ]XVTSION,
CALIFORNIA
CONTRACT AND LICENSE
I THIS CONTRACT AND LICENSE (License), is made this _ day of —>
2 20_, pursuant to provisions of the Reclamation Act of June 17. 1902 (32 Stat. 388); the
3 Reclamation Project Act of August 4, 1939 (53 Stat. 1187), as amended August 19, 1950 (64
4 Stat. 463); and acts amendatory thereof or supplementary thereto; and the provisions of 43 C.F.R.
5 § 429, between the United States of America, acting through the Bureau of Reclamation,
6 hereinafter referred to as "Reclamation,,, represented by the officer executing this License,
7 hereinafter referred, to as the `"Area Manager," and the City of La Quinta, hereinafter referred to
$ as the "Licensee," with the concurrence of the Coachella Valley Water District, hereinafter
9 referred to as the "District.."
10
II WIhNESSET'H:
12
13 WHEREAS, the Licensee desires the authorization of Reclamation and aright -or -use to
14 construct, own and maintain a portion of a roadway within, on, over and?or across certain lands
15 which were withdrawn for Bureau of Reclamation project purposes and certain lands that were
16 acquired by authorization of the Boulder Canyon Project Act (45 Star, 1057) dated December 21,
17 1928; and the Rehabilitation and Betterment Act of October 7, 1949 (63 Stat. 74), as amended;
18 and
19
20 WHEREAS, THE Licensee also desires the authorization of Reclamation and a
21 temporary right -of -use to utilize additional Reclamation administered withdrawn and fee lands
22 located adjacent to the roadway for a Borrow Pit Use Area and Temporary Construction Use
23 Area; and
24
25 WHEREAS, the granting of such authorization and right -of -use by Reclamation and the
26 exercise of such right -of -use by the Licensee under the terms and conditions herein provided will
27 be compatible with the purposes for which the lands are administered on behalf of the
28 United States by Reclamation; and
29
30 WHEREAS, the purpose of this License is to grant the Licensee authorization aril a
31 right -of -use to construct, own and maintain that portion of the Jefferson Street Extension that
32 crosses Reclamation lands further defined herein below; and
33
34 WHEREAS, the providers of various public utilities intend to install and/or construct
35 utilities and/or other improvements throughout the Jefferson Street Extension. Any such
36 provider intending to install or construct any utilities and/or other improvements, not specifically
37 authorized by this License, across Reclamation lands shall make separate application to
38 Reclamation for a Contract and License authorizing an individual right -of -use, under terms and
39 conditions -set forth therein, prior to any construction or installation.
40
41 NOW, THEREFORE, subject to the, conditions hereinafter set forth, Reclamation does
42 hereby grant to the Licensee authorization and a right -of -use to construct, own and maintain that
43 segment of theJeffersorl Street Extension, hereinafter referred to as "Facilities" within, on, over
44 and/or across Reclamation lands defined herein below. The,parties hereto agree as follows:
45
46 1. DESCRIPTION OF RECLAMATION LANDS:
47
48 Portions of the N'/zNW/4, section 29, and the W'/2NlW'14 of section 28, Township 6
49 South, Range 7 East, San Bernardino Meridian, County of Riverside, State of
50 California, said area contains approximately 26,28 acres consisting of 14.0 acres
51 of long term use area and 12.28 acres of temporary use area, more or less_
52
53 The above described area, hereinafter referred to as'"the Premises" is further described by metes
54 and bounds on Exhibit A and is also depicted on Exhibit E and 6=2. Said Exhibits A, E, and B-2
55 are attached hereto and by this reference made a part hereof.
56
57 2. SU ESSORS AND ASSIGNA131LITY: This License is personal, revocable and
58 nontransferrable and shall not be construed as granting to the Licensee any right, title or interest in
59 the Premises or any other property, facilities or works of the United States and/or Reclamation.
60 This Li6ensc shall be binding upon and inure to the benefit of the successors and assigns of the
61 parties hereto; provided, however, that no assignment or transfer of any of the rights of the
62 Licensee hereunder shall be made without the prior written consent of Reclamation.
63
64 3. OWNERSHIP Ol: FACILITIES: The licensee shall at all times and at its sole expense,
65 without any expense and/or liability whatsoever to the hJnited States an(Vor Reclamation,
66 construct, own, maintain and make necessary repairs to or replacements of its Facilities in a
Contract No. 06-07-34-1-1502
67 mamrer so as not to interfere with the proper use and operation of or cause injury or damage to
68 any property, facilities or works of the United States and/or Reclamation. The Licensee shall
69 reimburse the United States and/or Reclamation for all injury or damage to property, facilities or
70 works of the United States and/or Reclamation arising out of the utilization of the rights granted
71 pursuant to this License which is caused by the Licensee, its officers, agents, or employees, and
72 the Licensee shall promptly pay any bills rendered therefore by Reclamation.
73
74 4. TERM:
75
76 (a) This License, unless terminated sooner as provided by Article 8 hereof, shall
77 terminate twenty-five (25)years from the date hereof, This License may, upon agreement of the
78 parties, be extended for an additional twenty-five (25) year term. Any request for extension shall
79 be filed by the Licensee, in writing, with the Area Manager. Any request for extension must be
80, filed not lefts than one hundred and eighty (180) days prior to termination of this License. Any
81 subsequent requests for continued use of the Premises will require that a new application be filed
82 not less than 180 days prior to the expiration of the License or any extension thereof.
83
84 (b) Authorization for Licensee to enter and utilize the Borrow Pit Use Area and
85 Temporary Construction Use Area shall terminate two (2) years from the date hereof, unless this
86 License is terminated sooner as provided by Article 8 hereof.
87
88 5. CONSIDERATION: In accordance with 43 C.F.R. § 429, consideration for this License
89 shall be payment to Reclamation by the Licensee of the following:
90
91 (a) The sutra of Two Hundred Dollars ($200), as the initial deposit fee required under
92 43 C.F.R. § 429.6(b}, for submission attd preliminary application review, the receipt of which is
93 hereby acknowledged, and
94
95 (b) All additional administrative costs in excess -of thc initial deposit for
96, administrative: posts incurred by Reclamation in,processing this License, which shall be due and
97, payable.to Reclamation within 30 days after receipt of a bill rendered therefore.
98
99 6. EXCEPTIONS AND RESERVATIONS:
100
--„
101 (a) The United States and/or Reclamation and the Distract reserve the right of its/their
102 officers, agents and employees to at all times have unrestricted access and ingress to, passage
103 over and egress from all of the Premises to make investigations of all kinds, dig test pits and drill
104 test holes, to survey for and construct reclamation and irrigation works and other structures
105 incident to Reclamation project needs and purposes.
106
107 (b) The rights granted hereunder shall not be exclusive in character and the
108 United States •and/or Reclamation reserves to itself, its successors and assigns, the right against
109 the Licensee to use any or all of the Premises, which is or may be crossed, or upon which
Contract No. 06-07-34-LI502
110 irrigation and drainage facilities and works of Reclamation have been constructed, and to
III construct, reconstruct, operate and maintain therein and thereon dams, dikes, canals, waste ways,
112 laterals, ditches, telephone and telegraph lines, electric transmission lines, roadways and
113 appurtenant irrigation and drainage structures which may be needed or useful in connection with
114 or as a part of canals, laterals and other irrigation and drainage facilities without any payment by
115 Reclamation,,its successors or assigns for the exercise of such right, The Licensee agrees that if
116 the construction, reconstruction, installation, operation or maintenance of any or all of such
117 works of the United States and/or Reclamation,on or across the Premises at the above -described
118 location of the Licensee's Facilities, should be made more expensive by reason of the existence
119 of the Licensee's Facilities, such additional expense may be estimated by Reclamation whose
120 estimate shall be final and binding upon the parties hereto, and within thirty (30) days after
121 demand is made upon the Licensee for payment of any such sums, the Licensee will make
122 payment thereof to the United States and/or Reclamation or its successors or assigns constructing
123 such works across, over, under or upon the Premises.
124
125 (c) Reclamation reserves the right to inspect the Facilities of the Licensee or its
126 assigns under the terms of this License both during the progress of construction and upon
127 completion thereof.
128
129 (d) Jurisdiction of and supervision by Reclamation over the Premises is not
130 surrendered or subordinated by issuance of this License and the United States and/or
131 Reclamation reserves the right to issue additional licenses or other agreements for compatible
132 uses of the Premises.
133
134 7. INDEMNITY:
135
136 (a) The Licensee hereby agrees to hold harmless and indemnify the United States
I37 and/or Reclamation, its/their employees, agents, successors or assigns from and against any
138 claims, demands, costs, losses, causes of action, damages or liability of whatsoever kind or
139 nature arising out of or resulting from.acts of negligence of the Licensee, its officers, agents or
140 employees in the utilization by the Licensee of the rights granted to it pursuant to this License.
141 Additionally, except for acts of negligence, the Licensee releases the United States and/or
142 Reclamation, its/their officers, employees, successors and assigns from any and all liability for
143 damage arising from injury to persons or damage to structures, equipment, improvements or
144 works of the Licensee resulting from the construction, operation or maintenance of any of the
145 works ofthe United States and/or Reclamation. Pravided, how=eyger, that nothing contained in
146 this clause shall be deemed to modify or limit any liability which may be imposed by the Federal
147 'fort Claims Act, 28 U.S.C. § 2617, et seq. (1970),
149
149 8. TERMINATI(}N: This License shall terminate and all rights of the Licensee hereunder
150 shall cease upon the following:
151
152 (a) At the expiration of the temp as provided by Article 4; or
Contract No, 06-07-34-1,1502
153
154 (b) At any time by Licensee upon 60 days written notice to Reclamation; or
155
156 (c) At any time by Reclamation. if Reclamation determines that the Premises or any
157 portion thereof is needed for project purposes of Reclamation and/or the District, upon 120 days
158 written notice to the Licensee; or
159
160 (d) After failure of the Licensee to observe any of the conditions of this License, and
161 on the tenth day following service of written notice on the Licensee of termination because of
162 failure to observe such conditions; or
163
164 (c) Upon a determination by Reclamation that any activity by the Licensee in or upon
165 the Premise is or was illegal.
166
167 MISCELLANEOUS CONDITIONS: In the use of the Premises, the Licensee shall
168 faithfully observe each of the following conditions:
169
170 (a) The Licensee, at its sole expense, shall construct, own, use and maintain its
171 Facilities in conformity with all applicable regulations of Federal., State and local regulatory
172 agencies, including but not limited to, those relating to pollution and environmental control.
173
1,74 (b) All construction, use and maintenance activities undertaken pursuant to this
175 License shall be in conformity with the specifications approved in advance by the Area Manager
176 and the District and shall be conducted by the Licensee at all times in a manner satisfactory to the
1,77 Area Manager and the District.
178
179 (c) The Licensee shall at all tithes keep.the Premises, including construction areas
M used by the Licensee„ free from accumulations of waste materials or rubbish.
181
182 (d) During construction and use of the Premises, the Licensee shall carry out proper
183 and efficient measures wherever and as often as necessary to reduce nuisance by dust, and to
184 prevent dust which has originated from its operations from damaging .any other properties or
185 causing a nuisance to persons.
186
187 (c) The Licensee shall reimburse the United States and/or Reclamation for any and all
188 costs and expenses incurred in the defense of any action which challenges tite Licensee's use of
189 the Premises.
190
191 (f) The Licensee shall not use the Premises or permit the use thereof for any purpose
192 except as set forth herein.
193
Contract No. 06-07-34-1-1502
6
194 (g) The rights granted by this License are subject to any and all rights of the
195 United States and/or Reclamation, and to existing rights in favor of the public or third parties.
196 The Licensee agrees that it is its sole responsibility to make whatever arrangements as are
197 necessary to obtain such rights as may be required of the Licensee from any other party or parties
198 holding any other interests.
199
200 (h) Upon termination of this License for any reason, the Licensee may be required, at
201 the option of the United States and/or Reclamation, to remove any or all of its Facilities placed
202 upon the Premises and shall restore the Premises to a condition satisfactory to the Area Manager.
203 If the Licensee fails to remove its Facilities within sixty (60) days alter termination of this License,
204 the Area Manager may, on behalf of the United States and/or Reclamation, deny and prohibit any
205 or all public access to the Licensee's Facilities or remove'the Licensee's Facilities at the expense of
206 the Licensee, and Licensee shall promptly pay the United States and/or Reclamation for removal
207 and restoration upon receipt of billing,
208
209 (i) The Licensee shall provide a construction schedule and 72-hours notice to
210 Reclamation prior to start of construction. Said 72-boars notice shall be provided to
211 Reclamation's Technical Services Group Manager at telephone No. 928-343-8100 so that a
212 Reclamation construction inspector can be on -site during construction activities.
213
214 (j) The Licensee is aware that Reclamation has given a prior authorization to the
215 Coachella Valley Recreation and Park District ("CVRPD") for the Coral Mountain Trail within
216 portions of the Premises. The Licensee shall deliver to Reclamation written evidence of
217 CVRPD's approval of the Jefferson Street Extension prior to commencing ground disturbing
218 activities within the Premises.
219
220 10. OFFICW S NOT TO BENEFIT: No Member of or Delegate to Congress or Resident
221 Commissioner, and no officer, agent or employee of the Department of the Interior, shall be
222 admitted to any share or part of this License or to any benefit that may arise "herefrem, but this
223 restriction shall not be construed to extend to this License if made with a corporation or
224 contractor for its general benefit,
225
226 11. COVENANT AGAINST CONTINGENT FEES: The Licensee warrants that.no person
227 or agency has been employed or retained to solicit or secure this License upon an agreement or
228 understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide
229 employees or bona fide established agencies maintained by the Licensee for the purpose of
230 securing business. For breach or violation of this warranty, the United States and/or Reclamation
231 shall have the right to annul this License without liability or in its discretion to require the
232 Licensee to pay, in addition to the right -of -use consideration, the full amount of such
233 commission, percentage, brokerage or contingent fee,
234
Contract No. 06-07-34-1,1502
, tiroCOyERX OF CULTt.TRAL RESOURCES_: The Licensee shall immediately provide
236 an oral notification to Reclamation of the discovery of any and all antiquities or other objects of
2V archaeological, cultural, historic or scientific interest on Reclamation lands. The Licensee shall
238 follow up with a written report of their finding(s) to Reclamation within forty-eight (48) hours.
239 Objects under consideration include, but are not limited to, historic or prehistoric ruins, human
240 remains, funerary objects and artifacts discovered as a result of activities autharizod under this
241 License, The Licensee shall immediately cease the activity in the area of the discovery, make a
242 reasonable effort to protect such discovery and wait for written approval from Reclamation
243 before resuming the activity. Protective and mitigative measures specified by Reclamation shall
244 be the responsibility of the Licensee.
245
246 13. HAZARDOUS MATERIALS:
247
248 (a) The Licensee may not allow contamination or pollution of lands, waters or project
249 works of the United States and/or Reclamation for which the Licensee has the responsibility for
250 care, operation and maintenance by its employees or agents and shall take reasonable precautions
251 to prevent such contamination or pollution by third parties.
252
25:3 (b) The Licensee shall comply with all applicable Federal, State and local law and
254 regulations and Reclamation policies and instructions, existing or hereafter enacted or
255 promulgated, concerning any hazardous material that will be used, produced, transported, stored
256 or disposed of on or in lands, waters or project works of the United States and/or Reclamation.
257
258 (c) "Hazardous material" means any substance, pollutant or contaminant listed as
259 hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act
260 of 1980, as amended; 42 U.S.C. ¢ 9601, et sseg., and the regulations promulgated pursuant to that
261 Act. In addition, itsltaJ1 include thermal pollution, refuse, garbage, sewage effluent, industrial_
262 waste, petroleum products, mine'tailings, mineral salts, misused pesticides, pesticide containers
263 or any other. pollutants.
264
265 (d) Upon discovery of any event which may or does result in contamination or
266 pollution of lands; waters or project works of the United States and/or Reclamation, the Licensee
267 shall initiate emergency measures to protect health and safety and the environment if necessary
268 and shall provide notice of such discovery with full details of the actions to Reclamation's
269 Rriv"tronmental Planning and Compliance Group Manager at telephone No. 928-343-8100.
270 Additionally, all spills regardless of size shall be reported to Reclamation's Environmental
271 Planning and Compliance Group Manager. Such notice shall be within a reasonable time period
272 but not to-exceod 24 hours from the time of discovery if it is an emergency and the first working
273 day if it is a non -emergency.
274
Contract No. 06-07-344,1502
275 (e) Violation of any of the provisions of this Article, upon which the Licensee does
276 not take immediate corrective action, may, as determined by Reclamation, constitute grounds for
277 termination of this License and shall make the Licensee liable for the cost of full and complete
278 remediation and/or restoration of any resources or facilities of the United States andtor
279 Reclamation that are adversely affected as a result of the violation.
280
281 (f) The Licensee agrees to include the provisions contained in paragraphs (a) through
282 (e) of this Article in any subcontract or third party contract it may enter into pursuant to this
283 License.
284
285 (g) Reclamation agrees to provide information necessary for the Licensee using
286 reasonable diligence to comply with the provisions of this Article.
287
288 14. CLEAN AIR AND WATER: The Licensee agrees as follows:
289
290 (a) To comply with all Federal, State, and local requirements of the Clean Air Act
291 (CAA) and the Clean Water Act, (CWA); and
2k
293 (b) To obtain written permission from Reclamation prior to conducting any activities
294 than require permits, plans, or certificates under the CAA or the CWA; and
295
296 (c) To provide Reclamation with a copy of any correspondence between the Licensee
1,97 and any regulatory agency concerning CAA or CWA compliance, including, but not limited to,
29$ copies of permit applications, permits, reports, notices of violation or enforcement actions; and
299
300 (d) To take immediate and effective action to correct any violation related to the CAA
301 or the CWA. Provide Reclamation with a narrative description of the violation„ the actions taken
302 by the Licensee, the date the violation began, the date that the Licensee became aware of the
303 violation and:the slate that the Licensee returned to compliance; and
304
305 (e) To take action to comply with any changes to the CAA and the CWA within the
306 schedule required by the regulation, rule or guidance.
307
308 M NOTICES:
309
310 (a) Any notices required by this Article shall be served by certified mail addressed to
311 the respective addresses given herein and the mailing of any such notice properly enclosed,
312 addressed, stamped and certified, shall be considered service.
313
314 (b) Any notice, demand or request required or authorised by this License to he given
315 or made to or upon the United States and/or Reclamation shall be deemed properly given or
316 made if delivered or mailed postage -prepaid, to the Area Manager, Yuma Area Office, Bureau of
317 Reclamation, 7301 Calle Agua Salada, Yuma, Arizona 85364.
Contract No. 06-07-34-LI 502
318 (e) Any notice, demand or request required or authorized by this License to be given
314 or made to or upon the Licensee shall be deemed properly given or made if delivered or mailed
320 postage -prepaid, to the City of La Quinta. P.O. Box 1504, La Quinta, California 92247-1504.
321
322 (d) The designation of the person to or upon whom any notice, demand or request is
323 to be given or made, or the address of such person may be changed at any time by notice given in
324 the same manner as provided in this Article for other notices.
325
326 M N4 WARRANIT'Y:, Reclamation makes no warranty, express or implied, as to the extent
327 or validity of the grant contained herein.
Contract No. 06-07-34-1,1502
10
IN WITNESS WHEREOF, the parties hereto have signed their names to this
CONTRACT AND LICENSE which shall become effective the day and year first above written.
THE UNITED STATES OF AMERICA
By:
Area Manager
Yuma Area Office
Lower Colorado Region
Bureau of Reclamation
United States Department of
the Interior
Date:
CITY OF LA QUINTA
0
Title:
Date:
CONCURRENCE:
COACHELLA VALLEY WATER DISTRICT
By:
Title:
Date:
Contract No. 06-07-34-1,1502
m m
:7F
X
ak
UJ
ui
WAS
No-ow-Mfiw
3C8 S9 *i
3nN3A V HL 99
En
1N3VYHOViiV
�
| ` ' | � ■ °,
; • �) ! �
■ _ \ \|
' §| 1-91
a•°\
/
NOS>1Obr
NOSIGVH
NMJ]-J.J3r
NOlONIHSVM
W
Q
W
Q
n
LO
W
Q
G
a
�J3.jj3r
171N31NHOdlld
LLI
C*4
MM
1;4
M LLI
LLI
>
31 'S9/,,/'1'SZ/
�S
I
0,
7 77 /
am
top-�
'W�J 'S 91
7 R9
7�W--
i5 � 93 yy
a e5 ■
A
�
� A
Tuif 41wQ"
COUNCIL/RDA MEETING DATE: September 4, 2007
ITEM TITLE: Consideration of Bob Hope Classic Player
Spots
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Ball sponsor (player) spots cost $12,000 each. It is anticipated each selected
player will pay the Hope Classic directly for the player spot and comply with all
other player criteria.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
On January 16, 2007, the City Council approved an amended Use Agreement between
Desert Classic Charities (the Hope Classic) and the City of La Quinta, designating the
SilverRock tournament course (i.e., The Arnold Palmer Classic Course) a home course
of the Bob Hope Chrysler Classic. The Use Agreement includes a provision that allows
the City to reserve ten ball sponsor (player) spots at the established price for players in
the tournament who meet standard eligibility requirements. While the contract
specifies these spots must be reserved by October 1 of each year, the Hope Classic
has agreed to extend this year's deadline date to October 15, 2007.
If the City Council chooses to reserve these spots, staff will formulate a plan to
establish criteria, advertise, and promote this opportunity. Staff will work with the
Hope Classic to ensure the City's program complies with all criteria for the event. It is
anticipated the opportunity would be advertised in local publications, via flyers placed
at SilverRock and other La Quinta golf courses and golf communities, and on the City's
website. Local property owners, residents, and business owners would be eligible to
enter a drawing during a specified time period. The drawing would be held at
SilverRock Resort, and staff would work with the City's marketing firm to publicize the
event. Several extra names could be drawn as alternates, in case the selected players
were deemed ineligible to participate in the tournament. The Bob Hope Classic will
validate the selected players' eligibility, which includes a handicap no higher than 18
and any other requirements to play in the event.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Reserve ten ball sponsor (player) spots for the 2008 Bob Hope Chrysler Classic;
or
2. Reserve a lesser number of ball sponsor (player) spots for the 2008 Bob Hope
Chrysler Classic; or
3. Do not reserve ball sponsor (player) spots for the 2008 Bob Hope Chrysler
Classic; or
4. Provide staff with alternative direction.
Respectfully submitted,
Edie Hylton, Community Services Director
Approved for submission by:
Thomas P. Genovese, City Manager
K