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2008 05 20 CCCity 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, MAY 20, 2008 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2008-035 Ordinance No. 458 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 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 AT THE SOUTHEAST CORNER OF MILES AVENUE AND WASHINGTON STREET. PROPERTY OWNERS/NEGOTIATORS: LENNAR DESERT VILLAS DEVELOPMENT, GARY GLAZER; CP DEVELOPMENT LA QUINTA LLC, RICHARD OLIPHANT; THE DOLPHIN PARTNERS, KEVIN PITTS; AND HIBACHI RESTAURANTS, HUY VU. 01 City Council Agenda 1 May 20, 2008 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL -APPOINTED POSITION. 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 1. APPROVAL OF MINUTES OF MAY 6, 2008. 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 MAY 20, 2008. 2. RECEIVE AND FILE TREASURER'S REPORT DATED MARCH 31, 2008. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED MARCH 31, 2008. 02 City Council Agenda 2 May 20, 2008 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS TRAFFIC SIGNAL TECHNICIAN TO ATTEND THE THREE-DAY NEMA ADVANCED CLASS IN ANAHEIM, CALIFORNIA, JUNE 17-19, 2008. 5. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31311, WATERCOLORS, SANTA ROSA DEVELOPMENT, INC. 6. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31311, WATERCOLORS, SANTA ROSA DEVELOPMENT, INC. 7. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BID THE AVENUE 58 PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18B. 8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. 9. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH GREYSTONE CLUBHOUSE ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR STREET AND LANDSCAPED MEDIAN IMPROVEMENTS ON AVENUE 52 ASSOCIATED WITH SITE DEVELOPMENT PERMIT NO. 2002-730. 10. ADOPTION OF A RESOLUTION TO REAFFIRM THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. 11. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) FOR STREET SWEEPING SERVICES. 12. APPROVAL OF AN AMENDMENT TO THE CITYWIDE LANDSCAPE MAINTENANCE SERVICES AGREEMENT WITH KIRKPATRICK LANDSCAPING SERVICES, INC., PROJECT NO. LMC 2005-08 FOR FISCAL YEAR 2008/2009. 13. APPROVAL OF MAINTENANCE CONSTRUCTION, 2008/2009. AN AMENDMENT TO THE LANDSCAPE LIGHTING SERVICES AGREEMENT WITH BRUCE KRIBBS PROJECT NO. LMC 2004-04 FOR FISCAL YEAR 03 City Council Agenda 3 May 20, 2008 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE SENIOR CODE COMPLIANCE OFFICER TO ATTEND THE SPECIAL TRAINING EVENT SPONSORED BY THE CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICERS IN VENTURA, CALIFORNIA, MAY 28-30, 2008. 15. APPROVAL OF A MUNICIPAL LEASE AGREEMENT WITH CANON COPIERS TO PROVIDE DIGITAL COPIERS, MAINTENANCE, AND SUPPLIES. 16. ADOPTION OF A RESOLUTION IN SUPPORT OF STATE FUNDING FOR NEW JUDICIAL POSITIONS ALLOCATED FOR 2007/2008 AND 2008/2009. 17. APPROVAL OF BOB HOPE CHRYSLER CLASSIC PLAYER SPOTS AND ENTRY PASSES. 18. APPROVAL OF CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2008/2009. 19. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT BY AND AMONG CP DEVELOPMENT LA QUINTA, LLC, AND HUY VU (HIBACHI RESTAURANT) FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. 20. APPROVAL OF AN AGREEMENT FOR DEPOSIT OF FUNDS BY AND AMONG THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY, LENNAR HOMES OF CALIFORNIA, AND DOLPHIN LA QUINTA, LLC, AND AN ASSIGNMENT AND ASSUMPTION AGREEMENT FOR PROPERTY LOCATED WITHIN THE CENTRE POINTE DEVELOPMENT AT THE SOUTHEAST CORNER OF WASHINGTON STREET AND MILES AVENUE. 21. APPROVAL OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER DISCHARGE PERMIT IMPLEMENTATION AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. City Council Agenda 4 May 20, 2008 - ~ 04 BUSINESS SESSION 1. CONSIDERATION OF DEVELOPMENT AGREEMENT 2006-011 SECOND READING OF ORDINANCE ASSOCIATED WITH DEVELOPMENT OF THE EDEN ROCK PROJECT INVOLVING PROPERTY WITHIN PGA WEST DEVELOPMENT, OR ALTERNATIVELY, RE -INTRODUCTION OF A REVISED VERSION OF A DEVELOPMENT AGREEMENT 2006-011 ORDINANCE. A. ADOPT ORDINANCE ON SECOND READING (OR) B. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING; AND C. INTRODUCE ORDINANCE NO. ON FIRST READING 2. CONSIDERATION OF IMPERIAL IRRIGATION DISTRICT (IID) ENERGY REDUCTION PROGRAM AND GREEN AND SUSTAINABLE PROGRAM. A. MINUTE ORDER ACTION 3. CONSIDERATION OF NAMES FOR THE CENTRE POINTE DEVELOPMENT PARK. A. MINUTE ORDER ACTION STUDY SESSION 1. DISCUSSION OF AN AMENDMENT TO LA QUINTA MUNICIPAL CODE SECTION 9.160.060 - PERMITTED TEMPORARY SIGNS. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (HENDERSON) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (SNIFF) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (TERRY HENDERSON) 8. C.V. MOUNTAINS CONSERVANCY (KIRK) 05 City Council Agenda 5 May 20, 2008 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. FRIENDS OF DESERT MOUNTAINS (KIRK) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (OSBORNE) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (HENDERSON) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 19. ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE MINUTES DATED FEBRUARY 6, 2008 20. HISTORIC PRESERVATION COMMISSION MINUTES DATED MARCH 20, 2008 21. PLANNING COMMISSION MINUTES DATED MARCH 25 AND APRIL 8, 2008 DEPARTMENT REPORTS 1. CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS 2. CITY ATTORNEY - NONE 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY DEPARTMENT REPORT FOR APRIL 2008 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR APRIL 2008 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR APRIL 2008 8. PUBLIC WORKS DEPARTMENT REPORT FOR APRIL 2008 9. POLICE DEPARTMENT REPORT FOR APRIL 2008 10. FIRE DEPARTMENT QUARTERLY REPORT MAYOR'S AND COUNCIL MEMBERS' ITEMS 1. FURTHER DISCUSSION REGARDING DIRECTION AND COST OF CITY'S INVOLVEMENT WITH COACHELLA VALLEY WATER DISTRICT VS. CITY OF INDIO CASE NO. INC 073838 FOR CITY STAFF AND LEGAL INVOLVEMENT, ACTUAL PURPOSE, DIRECTION, AND REPORTING TO THE CITY COUNCIL AND CITY MANAGER. (REQUESTED BY COUNCIL MEMBER SNIFF) City Council Agenda 6 May 20, 2008 RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. 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. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project 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. PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2008/2009. A. RESOLUTION ACTION 2. PUBLIC HEARING TO CONSIDER THE PLANNING COMMISSION APPROVAL OF TENTATIVE PARCEL MAP 35900 AND VILLAGE USE PERMIT 2007-039. A. MINUTE ORDER ACTION ADJOURNMENT The City Council will adjourn to a meeting to be held on June 2, 2008, 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. .� 1. 07 City Council Agenda 7 May 20, 2008 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 May 20, 2008, 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 May 16, 2008. DATEDV May 16, 2008 VERONICA . MONTECINO, City Clerk City of La uinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, 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. 03 City Council Agenda 8 May 20, 2008 �T �CF`jf OF �9Q COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Demand Register Dated May 20, 2008 RECOMMENDATION: Approve Demand Register Dated May 20, 2008 BACKGROUND: Prepaid Warrants: 77936 - 77963) 64,481.66 77964 - 77985) 1,702,844.16 Voids} 0.00 Wire Transfers} 519,344.49 P/R 35341 - 35355) 224,439.83 P/R Tax Transfers} 60,414.04 Payable Warrants: 77986 - 781601 839,305.33 $3,410,829.51 FISCAL IMPLICATIONS: Demand of Cash -City $3,039,633.73 Demand of Cash -RDA $371,195.78 '4 6ohn� M. Falconer, Finance Director AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS D4130/08 - 05/13/08 04/30/08 WIRE TRANSFER - WATERCOLORS $103,000.00 04/30/08 WIRE TRANSFER - WATERCOLORS $103,000.00 05/02/08 WIRE TRANSFER - HEALTH PREMIUM $97,403.65 05/02/08 WIRE TRANSFER - PIERS $2,592.63 05/05/08 WIRE TRANSFER - PIERS $67,666.80 06/05/08 WIRE TRANSFER - ICMA $10,624.27 05/07/08 WIRE TRANSFER - FOUR SEASONS $14,040 00 05/13/08 WIRE TRANSFER - LANDMARK $131,017 14 TOTAL WIRE TRANSFER OUT $519,344A9 10 r P 1 rA I 1 N m O O O O M O O O O m O O O O O O �t P m U Q 1 O 1 W I V YI N N m P m m O d �1 P O 1 So 1 W N C I U F I N N N •D P r r P O N U w I 1 Q m 1 1 r N d L 1 I 0 0 I O Z I I I I W 0 I d O I 1 d I I O W I H Z I ry K I Z I -I I 10¢ I # # # # # # # # # # # # r I OI- I 2 L w l O 1 4 1 N P vIr n P A P M N m m 00 O O O O O 000 am O O M M am 00 O O am m m O I \I MNVImNNNmM.1 AA PP mamma vI InO 00 OOd.t 00 00 00 dd PP V W V I u I 1 NM�tA N�OdMP�t NN III UI YIO YI Pmm PP OOmm mm 00 dot dot PP Q I Z. 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BACKGROUND AND OVERVIEW: Receive and File Transmittal of Treasurer's Report dated March 31, 2008 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, rwA John M. Falconer, Finance Director 59 Approved for Submission by: Thomas P. Genovese, City Manager Attachment: 1. Treasurer's Report, City of La Quinta GO 2 T,i&t 4 4 Qu"(v MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Dimetor/Treasurer SUBJECT: Treasurer's Report for March 31, 2008 DATE: April 30, 2008 Attached is the Treasurer's Report for the month ending March 31, 2008. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in Investment types for the month: Investment Be innin Purohased Notes Sold/Matured Other Endin Chan e Cash (3) $ 5,586,462 (1) $ (5,516,604) $ 69,858 $ (5,516,604) LAIF 39,249,396 7.500,000 (3,750,000) (1) 42,999,395 3,749.999 US Treasures (2) 49,536,761 (6,000,000) 140,123 43,676,884 (5,859,877) US Gov't Sponsored Enterprises (2) 54,795,282 14,500,000 (14,600,000) (105,575) 54.689,707 (105,575) Commercial Paper (2) 24,950,792 10,000,000 (15,000,000) (722) 19,950,070 (5,000,722) 4,879 Corporate Notes 7.952,160 4,879 7,957,039 15,030,776 6,014,997 Mutual Funds 9,015,779 $ 191,086,632 6,014.197 338,014.997 1 $ 44 766,604 $ 38,704 $ 184,373,729 $ 6,712,903 Total I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. M John M. Falconer Finance Director/Treasurer 30 0 Date Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. 61 3 Treasurer's Commentary For the Month of March Cash Balances - The portfolio size decreased by $6.7 million to $184.3 million. The major reason for the decrease was construction payments for the Civic Center expansion, Vista Dunes Lousing Project and the Ave 48" and Adams Housing Projects. Investment Activity - The average maturity of the portfolio decreased by 12 days to 74 days at the end of March. The six month US Treasury benchmark decreased by 57 basis points and ended the month at 1 .50%. The Treasurer follows a buy and hold investment policy and has not sold investments before maturity to take advantage of market conditions. The Treasurer decreased by $5 million holdings in Commercial Paper to meet the 15% policy limitation and a decrease of $5 million in US Treasuries to meet payment obligations. LAIF increased by $3.8 million to take advantage of their higher rates in a declining rate environment. At month end the mutual fund balance was $15 million. Staff did a $12.3 million drawdown in April from these mutual funds for low income project costs. The sweep account earned $2,068 in interest income for the month of March and the bank fees for the month were $ 1,951 which resulted in a net increase of $ 117 in real savings. Portfolio Performance - The overall portfolio performance decreased by eighteen basis points from the prior month and ended at 3.67% for the month, with the pooled cash investments yielding 4.07%. The overall portfolio yield (including bond proceeds) was two hundred seventeen (217) basis points over the benchmark, which has decreased by fifty seven (57) basis point from the one hundred seventy eight (178) basis point difference in February. With the average maturity of 74 days, the portfolio yield should remain at these levels for the next three months with a small downward trend based upon reinvestments at lower rates. The Treasurer has more of a barbell maturity schedule with the longer term investments helping to keep yields higher as interest rates will gradually be falling. At this time last year, the portfolio was yielding 5.15% and the benchmark was at 4.88% so we have made significant progress in meeting our benchmark. In the short term, the Treasurer has been investing more in LAIF because its rate declines slower in a declining rate environment and in Commercial Paper. The Treasurer has not been investing in Treasury securities because of their low yield, except for bond proceeds to ensure that the funds are available for capital projects, e.g. SilverRock and Vista Dunes Courtyard Homes and the CVHC project at 48" and Adams. 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Bank - DS YES IslAossurican - - ZO0OTaxab1kRDAU S Sandl YES 1MA... 20KGTuMNRDqkUSBMkCIP 2004 Full AM US Bank - CIP YES YES al Anoss".. id=n 12.147.4011 L2 I 2141106 -7- 2004FinAMUSBknk -COI YES IstAnannook, Mottall �F,-�� 15.030,no ,Iua m ml m r —A LF �SS�tW S (325541) $ 2,Z04,448 $ 1,96:607 343,939 $ (343939) - I'M 000 mm I s i.doo.5" $ Ime-1 SW.Pl- Fwf a a s-Z" su'lu. NO Ad, Smius No 0 u ficlual % urplus Yes -29 —W4% -29 —WM S.rpir No AtLFUrTs A, �1. no 'T.U. .. 1 1 4 315� 1 4 �Wll SMI.. No Ad Surplus All Fund, Adu.1 % I Sumpl. Yes Surpl NO Ad Sunal No Ad Funds Aduad % am us as nsO44% S"Pos, Sands. A�l F. A So, 9151% Suous No — Ad, Saphus NO AHFUWS �W% Sondook Yes -8-8-24—N% 1523% 68 10 C3 BE 5 g C; CNL a -9 9 v N.R N N V ie 20 C. EL '00 cq �e 1�2 pol z z 2 69 11 c e e e 1111060 2m� � I -eeee e Emcee .eeec A. e e, e, am Emcee e j I ; ; ya �p ommm . Emcee e V NOW ��- �i Emcee e wgegg�g !2 MOM! c c Emcee e am Pi c ae 89 e ac ,W . code el Emcee e f 0 j S R 4 4 wood , Emcee e Geeee a .02. Z Ass Off His Oita loll HUI yyy M I Him IWO 0 0 0 0 0 om ppp 00. ..V 0 0 A As EEE EEE EMQ EEE EEE9 WWW WWW WWW WWW �s WWW aw LM f 2 �� !1 2 l 19 . 2 a 'Allow. gbMt M I h oo 15 0 o E x 75 E -a 0 M -6 70 x 0 0 MEE 12 2 W MET W 76 M W 2222 E 2.. i RL MM 3 1 � 6 11 snals 20 A � a ' g 1 41 W m A o m2 E o IS IS N1T I E co O m Z. c l0 2 4 a LL w 'm .y ao 0 a m ° c � m m a � o � � a a a � N `o U � m c w m c a � > E N Z N d t 0 ao C o 'E E OY.w O ti w O N Qi O O o 0 o y� o O c a � O O O O O C O O I M O a i i I I ° 1 I I ° 1 i i i 1 i i i i i --r— i i i 1 i i i i i° i i i° T-dr^F4R AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 20, 2008 BUSINESS SESSION: ITEM TITLE: Receive and File Transmittal of Revenue and Expenditure Report for March 31, 2008 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Transmittal of the March 31, 2008 Statement of Revenue and Expenditures for the City of La Quinta. Respectfully submitted, 3�sl^ John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures Report, March 31, 2008 72 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 07101/2007 -0313V2008 FUNDS BUDGET RECEIVED RECEIVED General $40,579,531 00 $22,982.770 15 5660% Library 2,070,700 00 1,685,052 54 61.40% Gas Tax Revenue 756,200M 437,37362 5780% Federal Assistance 525,921.130 328,08231 6240% JAG Grant 10,607.00 10,607.00 100 DO% Slesf (Cops) Revenue 100,40000 101.868.90 101 50% Indian Gaming 190,75000 90,707.48 4760% Lighting & Landscaping 916,50000 486,45415 5310% RCTC 1,974,416.OD 86.558M 440% Development Funding 000 0.00 0.00% Crime Violent Task Form 103.50000 57,51530 5560% AS 939 165,70000 152.230.50 9`190% Quimby 1,438,000.00 590,20683 4100% Infrastructure 12,00000 10,464.94 8720% SB 1266 660,93700 665,18822 100,60% South Coast Air Quality 56,90000 42,41547 7450% Transporibdion 1,225,000 00 1,071,795.08 8750% Parks & Recreation 334,50000 348,798.00 104.30% Civic Center 194,70000 264,62842 135,90% Library Development 133,000.00 137,241 00 10320% Community Center 74,90000 56,844.17 7590% Street Facility 84,18600 39,418.67 46S0% Park Facility 11,60000 11,38954 98.20% Fire Protection Facility 27,00000 34,70553 128.50-A Arts In Public Places 137,500.00 144,94200 105.40% Interest Allocation 000 000 0 DO% Capital Improvement 151,446,379 00 30,531,126.91 2020% Equipment Replacement 737,483.01) 669,320.95 9350% Information Technology 660,026.00 557.0134 58 9950% Park Equipment & Facility 430,2DO.00 426,078.46 9900% SliverRock Goff 3,637,306 00 2,644,359 40 72.70% SilverRock Goff Reserve 74,94600 2.648.27 380% LQ Public Safety Officar 2,60000 2,499.66 96.10% La Quinta Financing Authority 6,617,686.00 6,459,225 82 97.60% RDA Project Area No 1 88,618,229.OD 59,299,527 73 6690% RDA Project Area No. 2 43,102,999M 28,495,564 92 6610% Total $347,012,392 OD $158.944.815 05 4580% 73 li� CITY OF LA QUINTA EXPENDITURES - ALL FUNDS 07101/2007 - 03131/2008 FUNDS BUDGET EXPENDITURES ENCUMBERED REMAINING BUDGET --$-19,103,114.10 PERCENT General $39,245,638 00 -T2-1,-03-9,-0�060 --VI573TT.-81 536% Library 5,441,310 00 3,584,900.54 0.00 1,856,409.46 65.9% Gas Tax 576,76000 391,47572 0.00 185,284.28 679% Federal Assistance 525,921 00 0�00 0.00 525,921 00 00% JAG Grant 10,607.00 10,607.00 000 000 100.0% Slesf (Cops) Revenue 100,40000 0�00 0�00 100,40000 00% Indian Gaming 201,142.00 85,11965 0.00 116,022.35 423% Lighting & Landscaping 916,50000 687,375.00 0�00 229,12500 750% RCTC 1,997,690 00 86,55853 0.00 1.911,131.47 43% Development Agreement 000 0.00 000 0.00 00% CV Violent Crime Task Force 57,100.00 28,06684 0.00 29,03316 492% AS 939 238,5130 00 160,1184 64 0.00 77,615.16 67.5% Quimby 8,572,100 00 34.569.00 0�00 8,537,531 00 04% Infrastructure 525,221.00 314,79897 0.00 210,42203 59.9% SB 1266 660,93700 000 000 660,93700 013% South Coast Air Quality 26,60000 16,119.38 000 10,48062 606% Transportation 7,753,570 00 237,a42 31 000 7,515,727 69 31% Parks & Recreation 100.00000 66.165.16 000 33,83484 662% Civic Center 6,643,426 00 6,347,910 30 000 295,51570 956% Library Development 80,00000 73,162.66 000 6,83734 915% Community Center 0.00 0.00 0.00 000 0.0% Street Facility 385,825.00 40,311 89 0.00 345,513 11 104% Park Facility 28,88600 000 000 28,88600 0.0% Fire Protection 35.000.00 35,47227 0.00 (472.27) 101 3% Arts In Public Places 888,450.00 141,49031 coo 746,95969 159% Interest Adlocaton 000 0.00 0.00 000 0.0% Capital Improvement 1151,446,379�00 3D,531,126.91 116,11959 120.799,132 50 202% Equipment Replacement 1,912,206.00 1,191,028.59 15,071 72 706,105.69 623% Information Technology 715,825.00 232,87502 73.41 482,876.57 32.5% Park Maintenance Facility 0.00 000 0.00 40,000.00 00% SilverRock Goff 4,544,11T00 3,381,535 97 7,76650 1.154,814 53 744% SilverRock Reserve 0.00 000 0.00 000 00% Lq Public Safety Officer 2,000�00 0.00 000 2,00000 00% La Quint@ Financing Authority 6,618,486.00 6,459,067.60 0.00 159,418.50 97.6% RDA Prcject Area No. 1 146,541,118.00 67,953,699 80 32,050.00 78.555,368.20 464% RDA Project Area No. 2 82,948,062.00 42,240,113 92 0.00 40,707,94B 08 509% I otal S469,139,1/5,I)IJ $155,U61,Z84 17 witi.b99 03 �284,U3.1392 80 b% 74 071011f2007 - 0313112008 CITY OF LA QUINTA GENERAL FUND REVENUES DETAIL TAXES: Property Tax No Lm Property Tax Distribution Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient O=pancy Tax Transient Occupancy Tax - Mitigation Me Franchise Tax TOTALTAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Mise Permits TOTAL LICENSES & PERMITS FEES: REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,763.100 00 1,103,337 81 1,659,762.19 39930% 2,720,500 00 1,638,600.37 1,081,899.63 60,230% 6,769,600 DO 3,670,693.98 3,098,906.02 54220% 2,284,400.00 1,161,60.46 1,122,791 54 50.850% 717,200.00 419,55634 297,643.66 58500% 5,479,100.00 2,741,424.24 2,737,675 76 50.030% 298,90000 119,050�01) 279,850.00 6.370% 1,457,700 00 728,071.41 729,628.59 49950% 22,490,500.00 11,482,342.61 11,008,157 39 51 0509/6 322,200.00 216,02650 106,17350 67050% 18,50000 15.985.50 2,514.50 86.410% 558,60000 516,289.44 42,310.56 92430% 84,40000 80,411.70 3,988.30 95270% 65,50000 49,07851 16,421.49 74930% 47.60000 71,248.62 (23,64862) 149.680% 1 1,000�00 10,740.00 26000 97.640% 163,21X)�00 110,179.71 53,02029 6T510% 1,271 �000 00 1,069,959.98 201,04002 84,180% Sale of Maps & Publications 3,90000 1,601.45 2,29855 41060% Community Services Fees 421,35000 293,649.17 127,70083 69.690% Finance 1,450�!X) 309.23 1,14077 21330% Bldg & Safety Fees 377,10000 434,89492 (57,794.92) 115330% Community Development Fees 147,40000 87,240.00 60.16000 59.190% Public Works Fees 751,20000 805,975.90 (54,775.90) 107290% TOTAL FEES 11.702�400 00 1,623,670.67 70,729.33 95,380% Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Violations Misc, Fines AB939 Federal Govt Grams County of Riverside Grant State of California Grant Fire Services Credit CVWD CSA152 Assessment TOTAL INTERGOVERNM INTEREST MISCELLANEOUS Miscellaneous Revenue Assmnl Dist Surplus Other Mitigation Measures Litigation settlement Cash Oved(Short) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND 3,800,000 00 1,944,534.55 1,855,465 45 51 170% 86,4DO.00 65,04548 21,354.52 75280% 55,91XI 00 32,621.DO 23,27900 58,380% 125,20000 107,213.61 17,98639 85630% 0.00 000 000 0000% 000 000 0.00 0000% 000 0.00 000 0.000% 735,832 DO 712,896.78 22,93522 96,880% 4,862,100�00 2,111,140 27 2,750,959.73 43.420% 16,80000 0.00 16.800.00 0 ODO% 210,00000 218,54571 (8,545.71) 104070% 9,892,232 00 5,191,997.40 4,700,234.60 52.490% 4.852.900 00 3,51)(3,59.3.98 1,346,306.02 72260% 28,300�00 6,942.78 21,35722 24.530% 0.00 5.53828 (5,53828) O�000% 0.00 0.00 000 0.000% 0.00 000 000 0000% 5000 (2.20) 5220 -4400% 28.35000 12,478.86 15,871 14 44,020% 342,149�D) 95,726.65 246,42235 27.980% 40,579,531 00 22,982,770.15 17,596.760 85 56.640-/. 75 110 0710112007 - 0313112008 GENERAL FUND EXPENDITURE SUMMARY REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET GENERAL GOVERNMENT: LEGISLATIVE 974,649.00 584.183.55 0.00 390,465.45 CITY MANAGER'S OFFICE 706,56900 578,799.78 0.00 127,769.22 ECONOMIC DEVELOPMENT 2,389,067.00 1,616,330S3 000 772,73637 PERSONNEURISK MGT 1715004.00 5 1!813122!TW7�1g &6002 66T2 36.05 TOTAL GENERAL GOVERNMENT 5:785:289 6 3 8T 1 0 J,D 3:lvr uw CITY CLERK 1 7 1!7133 411:801-111 ot' 11155!10222 1 TOTAL CITY CLERK 511 71 7 4_65 86_6 6 6 3 �j I COMMUNITY SERVICES PARKS & RECREATION ADMINISTRATION 1.040.542.00 699,642.47 0.00 340,89953 SENIOR CENTER 445,112.00 277,78863 0.00 167,323.37 PARKS & RECREATION PROGRAMS 228,1341.00 143,08146 0.00 a4,959 54 LIBRARY 1,799,328.00 686,81290 0.00 1,112,515 10 MUSEUM 297,200.00 114,32574 9,783.02 173.091.24 PARK MAINTENANCE 1,398,178.00 1:00115171428 0.00 389,271.72 TOTAL COMMUNITY SERVICES ___5,7Ur4M6 2 55_6:5 6 9,783.02 2,268.060.ST- FINANCE: FISCAL SERVICES 971,346.00 692,346.43 000 278,999.57 CENTRAL SERVICES 412,11-01 211:lnlal 000 150,702.33 TOTAL FINANCE Y17 1174 a 000 429,701.90 BUILDING & SAFETY: BUILDING & SAFETY - ADMIN 417,51200 292,324.95 0.00 125,18705 BUILDING 1,064,316.00 858.834.42 12,26095 193,22263 CODE COMPLIANCE 1,016,840 00 660,016.58 000 358,823.42 ANIMAL CONTROL 387,90800 244,33098 000 143,57702 FIRE 4,955,724.00 2,195,541 41 1,500.00 2,756,682 59 EMERGENCY SERVICES 137,357.00 81,435.52 1,789.06 54,13242 CIVIC CENTER BUILDING -OPERATIONS 124899700 831,901 98 3517 417,059.85 TOTAL BUILDING & SAFETY 9:230!666.00 5,1�.385.U4 15.585.18 4,050_,68iFW POLICE: POLICE SERVICES 10,221,691.00 4,598,188.18 50,976.49 5,572,526 33 TOTAL PUBLIC SAFETY 10,221,691 00 4,598,188 18 50,976A9 5,572,526.33 COMMUNITY DEVELOPMENT: COMMUNITY DEVELOPMENT - ADMIN 1,664,980.00 499,712.75 0.00 1,165,267.25 CURRENT PLANNING 37:7 93 1�7 42.1 M 000 TOTAL COMMUNITY DEVELOPMENT 2 774!2002 62 _625 :7 7 45 Ho :71�1!5 02 68 l,777 3 PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 674,71200 368,064.74 (2,50000) 309,127.26 DEVELOPMENT & TRAFFIC 1,345,367 00 791,136.85 4,44312 549,787.03 MAINVOPERATIONS - STREETS 2,514,907 00 1,466,1144.89 29.230.00 1,018,832 11 MAINVOPERATIONS - LTG/LANDSCAPING 1,969,373.00 1,259,426.04 0.00 709,94696 MAINT/OPERATIONS - TRAFFIC 852,64400 196,328.51 000 656,315.49 CONSTRUCTION MANAGEMENT 1 "'1'9' 9' 1!2 ':7 000 380,00902 —of TOTAL PUBLIC WORKS '1' 5 0823 34 OT 31,173.12 3,52-4 T97- TRANSFERS OUT 1,599,533 00 468,04007 0.00 1,131,492 93 GENERAL FUND REIMBURSEMENTS (6.365,264.00) (3,345,834 136) 000 (3.019,429 14) NET GENERAL FUND EXPENDITURES 39,245,638.00 21,035.006 09 107,517S1 16,10,114 10 76 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL LIBRARY: REMAINING % BUDGET RECEIVED BUDGET RECEIVED County of Riverside Contributions Interest TOTAL LIBRARY GAS TAX REVENUE: Section 21D5 Section 2106 Section 2107 Section 2107 5 Traffic Congestion Relief Interest TOTAL GAS TAX FEDERAL ASSISTANCE REVENUE: CDBG Grant Interest TOTAL FEDERAL ASSISTANCE JAG GRANT Grant Revenue Interest TOTAL JAG GRANT SLESFJCOPS)REVENUE: SLESIF (Cops) Funding Interest TOTAL SLESF (COPS) INDIAN GAMING Grant revenue Interest TOTAL INDIAN GAMING 2,000,700.00 1,652,036.00 348,664.00 82570% 25.00000 25,ODO 00 0.00 100000% 45,000.DO 8,016.54 36,98346 17810% 2,070,700.00 1,685,052 54 385,64746 81380% 243,00000 145,272AIS 97,72714 59.780% 170,400.00 96.62&55 73.77145 56.710% 323,50000 192,925.28 130,574.72 59.640% 6,20000 0.00 6,200.00 O.00D% 000 000 0.00 0.000% 13,100.00 2,54693 10,553.07 19440% 756,20000 437,373.62 318,826.38 57.840% 525,92100 328,08231 197,83869 62300% 0.00 000 000 0.030% 525,921 �00 328.08231 197.83869 62.3110% 10,60700 10,607.00 ODD 100.000% 000 coo 0.00 0000% 10,60700 10,60700 000 100.000% 1 00,DDO DO 100,00000 000 100.000% 400�00 1,86890 (1,468 90) 467.230% 100,400.OD 101,86090 (1,468 90) 101.460% 177,25000 85.119.65 92.130.35 48020% 13,500.00 5,587.83 7,912.17 41.390% 190.75000 90,70748 100,04252 47550% LIGHTING & LANDSCAPING REVENUE: Assessment 916,500.00 486,45415 430,04585 53080% Developer 0.00 0.00 0.00 DOD0% Interest 0.00 0 DO 000 O.ODO% TOTAL LIGHTING & LANDSCAPING 916,5DO.00 486,464.15 430,045.85 53.080% RCTC RCTC Funding Transfer in TOTAL RCTC DEVELOPMENT AGREEMENT FUND Mitigation Measures Interest Transfer in TOTAL DEV AGREEMENT 1,974,416.00 86,55853 1.887,857.47 4380% 0.00 0.00 0.00 0.000% 11,W4,41b UU uti,bm w 4/ 4 3BU% 0.00 0.1>0 000 0.000% 0.130 O'Do 000 0.0130% 0.00 0.00 0.00 0.0D0% coo 0.00 O.DO 0.01)0% CRIME VIOLENT TASK FORCE Member Conidbutions - Can yover 49,900.00 30,632.00 19,26B.00 61,390% Grant revenue - JAIB 42,50000 19,166.53 23,333.47 45100% CLET Line 6,10000 3,742.46 2,357.54 61,350% Interest 5,00000 3,97431 1,025.69 79,490% TOTAL CRIME VIOLENT TASK FORCE 103,500.00 57,515.30 45,984.70 55.570% AS 939 REVENUE: AS 939 Fees Interest TOTAL QUIMBY QUIMBY REVENUE: Quimby Fees Donations Interest TOTAL QUIMBY INFRASTRUCTURE REVENUE: Utility refund Interest Transferm TOTAL INFRASTRUCTURE S81266 SB1 266 Gram Interest TOTAL SS1266 0.00 110,899.99 (110,899.99) 0.000% 165,700.00 411,3MO.7551a 124 19!511 24.11 loo,tw.w 1.! . T3:2Mg u 1,016,000 00 299,326.25 716,673.75 29.460% 0.00 4.300.00 (4,300.00) 0.000% 422.000.00 286.580.58 135.419.42 67,910% 000 0 DO 000 0000% 12,ODO 00 10,46494 1,53506 87.210% 0.00 0.00 000 0 D00% 12,00000 10,464.94 1,535.06 87210% 660,93700 660,936S4 016 100.ODO% 000 4 u AA51021 1z R:225111!1� TaM 77 1�1 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED SOUTH COAST AIR QUALITY REVENUE: S C.A.Q Contribution MSRC Funding Street Svveeping Grant [Merest TOTAL SCAQ TRANSPORTATION Developerfees Interest Transfer in TOTAL TRANSPORTATION PARKS & RECREATION Developerfees Interest Transfer in TOTAL PARKS & RECREATION CIVIC CENTER Developer fees Interest Transfer in TOTAL CIVIC CENTER 47,700.00 35,620.83 11,679.17 75.100% 0.00 0.00 0.00 O.00D% 0.00 0�00 000 0000% 9,20000 6,594.64 2,605.36 71680% 56.90000 42,41547 14,48453 74540% 1,000,000.00 854,153.44 145,846.56 85.420% 225,DOO.00 217,641.64 7,35836 96730% 0.00 0 01) 000 0.000% 1,226,DDO.00 1,071,795.08 153,204.92 87.490% 334,600.00 348,798.00 (14,298 00) 104.270% 0�00 0.00 0.00 0.000% 000 000 0.00 0000% 334,500.00 348,T98.00 (14,298,00) 104,270% 194,700.00 264,628.42 (69,928,42) 135 920% 000 000 000 0000% 000 000 000 0.000% 194,700.1)) 264,628.42 (69,928.42) 135.920% LIBRARY DEVELOPMENT Developer fees 133,000.00 137,241.00 (4.241.00) 103.190% Interest coo 0.00 0.00 0.000% Transfer in 000 0.00 0.00 0,000%. TOTAL LIBRARY DEVELOPMENT 133,000.00 137,241.00 (4,241.00) 103.190%. COMMUNITY CENTER Developerfees Interest TOTAL COMMUNITY CENTER STREET FACILITY Developer fees Interest Transfer In TOTAL STREET FACILITY PARK FACILITY Developerfees Interest TOTAL PARK FACILITY 28,00000 25,85200 2,14800 92330% 46,900.00 30,992.17 15,907.83 66080% 74,900.00 56,844.17 18,055.83 75,890% 44,1 DO.00 30,630.40 13,469.60 69.460% 11,200�00 8,788.27 2,411 73 78470% 28,886.00 000 28,88600 O.OWA 84,186.00 39,418.67 44,767.33 46820% 8,00000 8,648.00 (848.0)) 110.600% 3,60000 2,541.54 1,058.46 70600% 11,60000 11,38954 210.46 98.190% FIRE PROTECTION FACILITY Developer fees 27.00000 34,70553 (7.705 53) 128 540% Interest O.Do O.Do 000 0000% TOTAL FIRE PROTECTION FACILITY 27,ODO DO 34,70553 (7,705 53) 128 540% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,50000 114,765.17 (17,265.17) 117.710% Arts in Public Places Credits Applied 0.00 0.00 0.00 0,000% Interest 40,00000 30,176.83 9,823.17 75.440% TOTAL ARTS IN PUBLIC PLACES 137,50000 144,942.00 (7,442.00) 105,41VIo INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 0.00 0.00 0000% Transfer In O.DO 0.00 000 0.000% TOTAL INTEREST ALLOCATION O.D0 0.D0 000 0000% 78 CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD 110 RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of Califorrita APP Contribution Developer Agreement Funding Litigation Settlernaints Transfers in Frorn Other Funds TOTAL CIP REVENUE 981,488.00 640,0".28 341,44372 65210% 0.00 0�()D 0.00 0.000% 0.00 0.00 000 0.000% 10,251,067 00 40,00000 10,211,067.00 0390% 438,041.00 000 438,04100 0.000% 000 0.00 0.00 0000% 0.00 0.00 OOD 0.0i 000 000 000 0000% 3,817,152.00 2,908,928,130 9D8,224.00 76.210% 000 0.00 000 0000% (31,490.00) 0.00 (31,49000) 0000% 0.00 0.00 coo 0000% 701,58200 29,26700 672,315.00 4,170% 000 000 0.00 0000% 135,288,539 00 26,912,88T63 108,375,651.37 19 890% 151,446,379 00 30,531,126.91 120,915,252.09 165.870% EQUIPMENT REPLACEMENT FUND: Equiprnerd Charges 590.883.00 590,885.00 (200) 100000% Capital Contribution 0.D0 000 000 0.000% Sale of Fixed Asset 000 7,31299 (7,312.99) 0.000% Insurance Recoveries O.DO 0.130 000 0.000% Interest 146,600�00 91,122.96 55,47704 62.160% Transfers In O.OD 0.00 0 DO 0�01)0% TOTAL EQUIPMENT REPLACEMENT 737,48&00 689,32095 48.16205 93.470% INFORMATION TECHNOLOGY FUND: Charges for services 525,026.00 525,026.OD 0.00 100.ODD% Capital Contribution coo 0.00 0.00 0,000% Sale of Fixed Asset 000 0.00 0.00 0 00(rA interest 35,000.00 31,978.58 3,021.42 91370% Transfers In 000 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 560,02600 557.034 58 3,021.42 99,460% PARK EQUIPMENT & FACILITY Charges for services 391,19000 391,190.00 0.00 100000% Interest 39,100.00 34,888.46 4,211.54 89230% Capital Contributions 000 0.00 0.00 0000% TOTAL PARK EQUIPMENT & FAC 430,29000 426,078.46 4,211.54 99020% SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LQ PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 3,161,21100 2,250,003.81 911,207.19 71 180% 83,72500 63,03607 20,688.93 75290% 15,000.00 19,26000 (4,260.00) 128.400% 50,00000 50,00100 (1.00) 100000% 327,370.00 262,05852 65,311.48 80.050% 000 0.00 0.00 0000% 0.00 0.00 000 0.000% 000 000 0.00 0000% 3,637,306 00 2,6".359.40 992,946.60 72700% 3,500.00 2,848.27 65173 81380% 71,44&00 000 71,44600 0 0130% 74,946.00 2,848.27 72,09773 3.800% 2,01)0.00 2,000.00 000 100.0)0% 600.00 49966 10034 83.280% 2,600.00 2,499.66 10034 96.140% 79 93 CITY OF LA QUINTA 0710112007 - 03/3112008 OTHER CITY FUNDS REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND PROJECT EXPENDITURES 000 0.00 0.00 0.00 REIMBURSE GENERAL FUND 2,096,529.00 664,67524 000 1,431,853.76 TRANSFER OUT 3,344,781.00 2,920,225.30 000 424,55510 TOTAL LIBRARY FUND b.�i.iluXu J.084.900 54 000 TT59-41IT46 GAS TAX REIMBURSE GENERAL FUND 575,271 00 431,453.22 0.00 143,81778 TRANSFER OUT 148900 a Ag3TI 757 0.00 41,46650 TOTAL GAS TAX FUND bfF!t6u 17 '72" 000 185.28428 FEDERAL ASSISTANCE FUND: TRANSFER OUT TOTAL FEDERAL ASSISTANCE FUND 525,92100 0.00 0.00 525,92100 JAG GRANT TRANSFER OUT TOTAL JAG GRANT 10,607.00 10,60700 000 0.00 SLESF (COPS) TRANSFER OUT TOTAL 3LESF (COPS) FUND 100,400.00 0.00 0.00 100,40000 INDIAN GAMING FUND TRANSFER OUT 201,142.00 85,11965 0.00 116,02235 TOTAL INDIAN GAMING FUND 201,14200 ab,119 6b 0.00 llb,UZ� JO LIGHTING & LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 916.50000 687,37500 O= 229,12500 TRANSFER OUT 000 0.00 000 000 TOTAL LTGILANDSCAPING FUND 916.50G.00 687.375.00 0.00 229.13.0a RCTC TRANSFER OUT 1,997,690.00 86,558.53 000 1,911,131.47 TOTAL RCTC l.WU1.bVU UU ab.508.03 u uu I.Ull.1314f DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0�00 000 000 0.00 REIMBURSE GENERAL FUND 0.00 000 000 0.00 TRANSFER OUT 000 000 0.00 0.00 TOTAL DEV AGREEMENT FUND o.uu 0.00 u GO 0�00 CRIME VIOLENT TASK FORCE OPERATING EXPENSES 57,100.00 28,066.B4 000 29,033.16 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL CRIME VIOLENT TASK FORCE 57,10000 28.066.84 u GO zu'uji.10 AS 939 OPERATING EXPENSES 238,500.00 160,88484 0.00 77,615.16 TRANSFER OUT 000 000 0.00 0 GO TOTAL AS 939 ------ 23U-500-00- 160,88484 0.00 11.61519 QUIMBY FUND: CONSTRUCTION 32,00000 32,000.00 000 000 TRANSFER OUT B,540,100 00 2,569.00 000 8.537.531.00 ---5- TOTAL QUIMBY .572.-fUU.W �.miq.uo 000 5,541,531 Do INFRASTRUCTURE FUND CONSTRUCTION 0.00 000 0.00 0.00 REIMBURSE GENERAL FUND 0.00 000 000 0�00 TRANSFER OUT 12 :222 11141!7 17 00101 21100:21F2222�013 5 ' '10' 3 "! 9 a 2 TOTALINFRA3TRUCTURE 25 21 U 798 7 SB 1266 TRANSFER OUT TOTAL BB 1266 FUND 660,937.00 000 U.00 660,937.00 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 26,60000 16,11938 0.00 10,48062 TRANSFER OUT 000 0.00 0.00 0.00 TOTAL SOUTH COAST AIR QUALITY �6.buu Go 16,11938 0.00 1 U.45U bZ TRANSPORTATION PROGRAM COSTS 000 000 0.00 000 CONTRIBUTION 000 0.00 000 0.00 TRANSFER OUT 7,753,570.00 2 !U14422�311 1 5:7122 69 --77 a 2 1 O-SO "I ' B TOTAL TRANSPORTATION . 59.= 37 0 DO 7:5 7 PARKS & RECREATION INTEREST ON ADVANCE 100,00000 66,165.16 0 OG 33,834.84 TRANSFER OUT 000 0.00 000 0.00 TOTAL PARKS & RECREATION IOO,uuO.uO b6.165.16 u U0 jj,ajq 04 CIVIC CENTER PROGRAM COSTS 200,000�00 205,800.97 0.00 (5.80097) REIMBURSE GENERAL FUND 202,764.00 152,073.00 000 50,691.00 TRANSFER OUT 6,240,662.00 5 .. 03633 0.00 250,625.67 0 r TOTAL CIVIC CENTER I! 347!gTo 30 0 GO 290,015.70 LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 000 0.00 000 INTEREST ON ADVANCE 80,000.00 73,16266 0.00 6.837.34 TRANSFER OUT 000 000 000 0.00 TOTAL LIBRARY DEVELOPMENT 8O,uOu 00 13, 152 bu 0 DO 6,837.34 wt CITY OF LA QUINTA OTHER CITY FUNDS EXPENDITURE SUMMARY COMMUNITY CENTER PROGRAM COSTS TRANSFER OUT STREET FACILITY PROGRAM COSTS TRANSFER OUT PARK FACILITY PROGRAM COSTS TRANSFER OUT FIRE PROTECTION INTEREST ON ADVANCE TRANSFER OUT ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP OPERATING EXPENSES-APP ART PURCRASES TRANSFER OUT CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES PROJECT REIMBURSEMENTS TO GEN FUND TRANSFER OUT 071OW2007 - OY3112008 REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 0.00 000 0.00 000 0.00 000 0.00 0.00 TOTAL COMMUNITY CENTER 0.00 000 000 0�00 000 385,625.00 40,311.89 0.00 345,513.11 TOTAL STREET FACILITY UU 4U,311 8w 0 OU _=2!5,513 11 0.00 000 000 0.00 28,88&00 000 0 SOU TOTAL PARK FACILITY za,uuu.uu 0 uo 0 28 35,000.00 35,472.27 000 (47227) 000 0.00 000 0.00 TOTAL FIRE PROTECTION DIF Jb,uuu.0 35,472.27 0 uu (41221) 30,000.00 7,456.00 000 22,54400 3,200.00 302.50 000 2,89750 455,25000 133,731.81 000 321,51819 400,00000 000 0.00 400,000.00 TOTAL ART IN PUBLIC PLACES 8U5,4bU.VV 12171,4913,31 �4b VbW W TOTAL CAPITAL 150,217,480 00 1.228.899.00 116,119.59 119,971,5W 0�00 827,61260 EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 1,000,132.00 278,95459 15,071 72 706,105.69 TRANSFER OUT 912,074.00 912,074.00 0.00 0.00 TOTAL EQUIPMENT REPLACEMENT FUND i,vu,zuu.uu i,iwl,u28 bu lb,Ufl tz -799 fOng INFORMATION TECHNOLOGY FUND OPERATING EXPENSES PARK MAINTENANCE FACILITY OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF OPERATING EXPENSES TRANSFER OUT SILVERROCK GOLF RESERVE TRANSFER OUT LA QUINTA PUBLIC SAFETY CONTRIBUTIONS 715,825.00 232,87502 '82 845" TOTAL INFORMATION TECHNOLOGY FUND ---7TFMF. 7341 482!876 , 40,000.00 0.00 000 40,ODO 00 0.00 OCO 000 000 TOTAL PARK MAINTENANCE FAC 40.00U.00- 0.00 u.uu 40,000 UU 4,472,671 00 3,381,535.97 TOTAL 000 000 000 000 TOTAL SILVERROCK GOLF RESERVE u uu c.uo 53 TOTAL LA QUINTA PUBLIC SAFETY 2,000�00 0.00 000 2,000.00 81 10 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Authorization for Overnight Travel for the Traffic Signal Technician to Attend the NEMA Advanced Class in Anaheim, CA, June 17 - June 19, 2008 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for the Traffic Signal Tech to attend the NEMA Advanced Class to be held in Anaheim, CA, June 17 — June 19, 2008 (Attachment 1). FISCAL IMPLICATIONS: The Fiscal Year 2007/2008 Budget (Account No. 101-7005-431.51.01) has allocated funds for travel, training and meetings for staff. Attendance at this training is estimated to be $411 (detail is not same as 411) based on the following costs: Registration $_0_ Hotel (2 nights x $65 night) $ 130 Meals (2 days x $75) $ 150 Travel (260 rouncltrip miles x $0.505) 131 Total 411 CHARTER CITY IMPLICATIONS: 101 rem BACKGROUND AND OVERVIEW: The three-day NEMA Advanced Class (Attachment 1) focuses on construction and operation of NEMA brand standard traffic control cabinets. This course will further prepare the participant to identify and inspect NEMA cabinets in preparation for the Hwy 111 Street improvements between Adams and Jefferson. 82 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve authorization for overnight travel for the Traffic Signal Technician to attend the NEMA Advanced Class in Anaheim, CA, June 17, 2008 through June 19, 2008; or 2. Do not approve authorization for overnight travel for the Traffic Signal Technician to attend the NEMA Advanced Class in Anaheim, CA, June 17, 2008 through June 19, 2008; or 3. Provide staff with alternative direction. Respectfully submitted, (Jothy R. 4 nas &b, P.E. Pu )lic Works Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Training Material a] February I Date Course I Location 12/12 -2/13 Autoscope Beginner Class I Anaheim, CA March Date Course Location 3/4 ABC/3 Beginner Class Anaheim, CA 3/5-3/6 ASC/3 Advanced Class Anaheim, CA 3/12-3/13 Autoscope Intermediate Class Anaheim, CA 3/14 Autoscope Instructors Class Anaheim, CA April Date Course Location 4/1 Aries@ Introductory Class Anaheim, CA 4/2-4/3 Aries@ Advanced Class Anaheim, CA 4/15-4/17 Autoscope Advanced Class Anaheim, CA 4/18 Autoscope Instructors Class Anaheim, CA 4/29-4/30 ASC/3 Instructor Class Anaheim, CA May Date Course Location 5/13 iconsg Introductory Class Colorado Springs, CO 5/14-5/15 icons@ Advanced Class Colorado Springs, CO 5/21-5/22 Autoscope Beginning Class Colorado Springs, CO June Date Course Location 6/3-6/4 ABC/3 Advanced Class Signal Control Products, Branchburg. NJ 6/17-6/0 NEMAAdvanced Class Anaheim, CA July I Date Course I Location 17/9-7/10 Autoscope Intermediate Class I Colorado Springs, CA E Ausust I Date I- Course I Location 18/12-8/13 1 Autoscope Beginning Class I Baltimore, MD September Date Course Location 9/10-9/11 Autoscope Intermediate Class Anaheim, CA 9/12 Autoscope Instructors Class Anaheim, CA 9/15-9/16 ASC/3 Advanced Class Colorado Springs, CO 9/17-9/18 ASC/3 Instructor Class Colorado Springs, CO 9/24 OASIS Advanced Class Colorado Springs, CO October Date Course Location 10/7-10/8 ALSC/3 Instructor Class Colorado Springs, CO 10/14-10/16 Autoscope Advanced Class Anaheim, CA 10/17 Autoscope Instructors Class Anaheim, CA November I Date I Course Location 111/4-11/6 1 NEMA Cabinets Advanced Class Anaheim, CA December Date Course Location 12/4-12/5 Autoscope Instructor Recertification Class Anaheim, CA 12/9-12/11 OASIS Basic CLass Colorado Springs, CO Tw9p 4 4 a" COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 15� STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and authorize staff to release performance securities upon receipt of warranty securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: 0 =0 BACKGROUND AND OVERVIEW: Tract Map No. 31311, Watercolors, is located north of Avenue 48, west of Dune Palms Road, and east of Adams Street (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, sanitary sewer, landscaping, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for on -site improvements and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 86 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Accept the on -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and authorize staff to release performance securities upon receipt of warranty securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and do not authorize staff to release performance securities upon receipt of warranty securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, othy R ass P.E blic Work irec riCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit 87 ATTACHMENT 1 lw— cc Im V� TM 31311 WATERCOLORS I PROJECT SITE AVENUE 48 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 20,2008 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 31311, Watercolors APPLICANT: Mr. Michael Shovfin, Santa Rosa Development, Inc. Im ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31311 Development Name: Watercolors ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & Materials 2 Original Amount proposed Reduction WARRANTY AMOUNT3 On -Site Street & Storm Drain $415,440 $415,440 90% $41,544 Precise Grading $273,260 $273,260 90% $27,326 Domestic Water $305,890 $305,890 90% $30,589 Sanitary Sewer $286,730 $286,730 90% $28,673 Dry Utilities $372,500 $372,500 90% $37,250 Monumentation - $20,000 100% $0 Standard 10% Contingency $165,380 $167,380 100% 0 Professional Fees, Design 2% $36,380 $36,820 100% Professional Fees, Construction 10% $184,120 $184,120 100% $0 No Plans Contingency 10% $181,920 $184,120 100% $0 Totals $F,'221,620 I—F2,246,260 — $165,382 Performance Security shall be released immediately upon City Council acceptance 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. - 89 TATracts-Parcel Maps_SP\30000-39999\3131 1 \external correspondence\Conditional Final onsite Acceptance TM 3131 I.docPage 3 of 3 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _42 STUDY SESSION: PUBLIC HEARING: Accept off -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and authorize staff to release performance securities upon receipt of warranty securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: Additional street sweeping cost for this new roadway is included in Coachella Valley Association of Governments (CVAG) Arterial Street Sweeping Program. All other maintenance costs are included in this year's operating budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 31311, Watercolors, is located north of Avenue 48, west of Dune Palms Road, and east of Adams Street (Attachment 1). The improvements include curb and gutter, sidewalk, curb ramps, storm drain, signing, striping, and asphalt concrete pavement. All obligations of the Subdivision Improvement Agreement (SIA) for off -site improvements and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of the warranty security. 90 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Accept the off -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and authorize staff to release performance securities upon receipt of warranty securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the off -site improvements associated with Tract Map No. 31311, Watercolors, Santa Rosa Development, Inc. and do not authorize staff to release performance securities upon receipt of warranty securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, JT mothy R na n, P. E Publ ic Workjs DirectoriCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Vicinity Map 2. Warranty Security Exhibit 91 ATTACHMENT 1 L LLj Cie t; (A TM 31311 WATERCOLORS I PROJECT SITE AVENUE 48 VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: May 20,2008 ITEM TITLE: Acceptance of Off -Site Improvements Associated with Tract Map No. 11, Watercolors APPLICANT: Mr. Michael ShovIin, Santa Rosa Development, Inc. M ATTACHMENT 2 WARRANTY SECURITY Tract Map No. 31311 Development Name: Watercolors OFF -SITE IMPROVEMENTS Performance Security' Improvement Description Labor & MaterialS2 Original Amount proposed Reduction WARRANTY AMOUNT3 Off -Site Street Improvements $15,860 $15,860 90% $1,586 Perimeter Wall $62,100 $62,100 90% $6,210 Meandering Sidewalk (8ft) $11,880 $11,880 90% $1,188 Standard 10% Contingency $8,980 $8,980 100% $0 Professional Fees, Design 2% $1,980 $1,980 100% $0 Professional Fees, Construction 10% 1 '1 '10002% $0 No Plans Contingency 10% 1 1126, 138,800 $0 Totalsl $120,560 1 $120,550 1 — $3,934 Performance Security shall be released immediately upon City Council acceptance Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 93 T:\Tracts - Parcel Maps SP\30000-39999\3131 I \external correspondence\Conditional Final offsite Acceptance TM 31311.doc Page 3 of 3 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of the Plans, Specifications and Engineer's Estimate (PS&E) and Authorization to Advertise for Bid the Avenue 58 Pavement Rehabilitation Improvements Project No. 2007-18B RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-1 8B. FISCAL IMPLICATIONS: The following is the approved funding and funding sources for the Avenue 58 Pavement Rehabilitation Improvements project: General Fund $558,069 SB-1266 660,937 Total Funding Available: $1,219,006 Based on the engineer's estimate of probable construction costs prepared by Dudek Inc., in the amount of $963,972 the following is the estimated project budget for the Avenue 58 Pavement Rehabilitation Improvements: Design: $60,000 Construction: $963,972 Inspection/Testing/Survey: $70,000 Administration: $45,140 Contingency: $79,894 Total: $1,219,006 94 As illustrated, adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is partially funded with SB-1 266 State funds. As such, the project will be bid with prevailing wage requirements. BACKGROUND AND OVERVIEW: The purpose of this project is to rehabilitate the pavement on Avenue 58 between Madison Street and Jefferson Street. In order to address the conversion of a former county road to the City's urban arterial street standard, Avenue 58 must be reconstructed with a new centerline profile and enhanced structural section. The project will not increase roadway capacity or add landscaping. All existing curb, gutter and driveways will remain in place as currently constructed. No additional right of way is needed to construct this project. On July 27, 2007, the City Council adopted a resolution approving the Operating Budget for Fiscal Year 2007/2008. Sufficient funding for the Avenue 58 Pavement Rehabilitation Improvements project was included in the operating budget for the Public Works Department to proceed with the design and construction of the project. On September 18, 2007, the City Council authorized staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) of probable construction costs for the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-18B and appointed a Consultant Selection Committee. On December 4, 2007, the City Council awarded a design contract to Dudek Inc., of Palm Desert, CA in the amount of $69,795 to prepare plans, specifications and engineer's estimate for the Avenue 58 and Eisenhower Drive Pavement Rehabilitation Improvements, Project No. 2007-18, and the Golf Cart Route on Eisenhower Drive, Project No. 2007-09. Of the amount awarded, $52,435 was associated with designing the Avenue 58 Pavement Rehabilitation Improvement project. The PS&E for the Avenue 58 Pavement Rehabilitation Improvements are now complete and available for review within the City's Public Works Department. Contingent upon City Council authorization to advertise the project for bids on June 24, 2008, the following is the anticipated project schedule: 95 City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction Project Close-out FINDINGS AND ALTERNATIVES: May 20, 2008 May 23 - June 24, 2008 July 15, 2008 July 16 - August 3, 2008 August 2008 - October 2008 November 2008 The alternatives available to the City Council include: 1 . Approve the plans, specifications and engineer's estimate (PS&E) and authorize staff to advertise for bid the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-1813; or 2. Do not approve the plans, specifications and engineer's estimate (PS&E) and do not authorize staff to advertise for bid the Avenue 58 Pavement Rehabilitation Improvements, Project No. 2007-1813; or 3. Provide staff with alternative direction. Respectfully submitted, thy R a n, P E u b 01i c Wor k OD i rectorlCity Engineer Approved for submission by: Thomas P. Genovese, City Manager 96 Tit(f 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: May 20, 2008 BUSINESS SESSION: ITEM TITLE: Approval of a Professional Services CONSENT CALENDAR: Agreement with Traffex Engineers, Inc. STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. (Attachment 1) for a term of one year, making the expiration date June 30, 2009, with a not to exceed (NTE) amount of $100,000 to provide traffic engineering services. FISCAL IMPLICATIONS: The proposed Fiscal Year 2008/2009 budget, Account Number 101 -7005-431.32.07, includes $65,000 for contract traffic engineering services. The remaining funding will come from salary savings of the vacant Traffic Engineer position. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 15, 2003, the City Council approved a one (1) year PSA with Traffex Engineers, Inc., following receipt and review of nine (9) proposals from consulting traffic engineers in accordance with City Council Resolution 96-80. On April 14, 2004, the City Council approved a two (2) year PSA with Traffex Engineers, Inc., to continue providing traffic engineering services to the City. This agreement expired on April 14, 2007. On March 6, 2007, the City Council approved an Amendment to the PSA with Traffex Engineers, Inc. extending the term for a period of one (11 ) year in an amount not to exceed $60,000 to provide traffic engineering services. 97 The Public Works Department is in the process of recruiting for a full-time Traffic Engineer. It is not known when the position will be filled. In the interim, it is staff's desire to continue to utilize a contract traffic engineering firm or firms until such time as a full-time traffic engineer has been hired and is in place. Attachment 1 is a proposed PSA that would extend the term of the Traffex Engineers, Inc., contract for an additional year (July 1, 2008 through June 30, 2009) with a total contract not to exceed (NTE) amount of $100,000. The City reserves the right to terminate the Agreement at any time upon thirty (30) days written notice to Traffex Engineers, Inc. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. extending the term for one year, making the expiration date June 30, 2009, with a not to exceed (NTE) amount of $100,000 to provide traffic engineering services; or 2. Do not authorize the City Manager to enter into a Professional Services Agreement (PSA) with Traffex Engineers, Inc. extending the term for one year, making the expiration date June 30, 2009, with a not to exceed (NTE) amount of $100,000 to provide traffic engineering services; or 3. Provide staff with alternative direction. Respectfully submitted, Cm thy R on, P.E Pub0fic WorksOD ctorlCity Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 98 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 Traffex Enginners, 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 Traffic Engineering 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, Consultant 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 and Standard —of Work. 99 a. 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. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1 ' .4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 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 "I. 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 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Hundred Thousand Dollars ($100,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction 100 costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in 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 Ma4eure. 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. The term of this agreement shall commence on July 1, 2008 and terminate on June 30, 2009 (initial term). This agreement may be extended for one additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, 101 this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 -COORDINATION OF_WO_RK 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: Nazir Lalani, P.E. a. 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 Of fice r. 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 of City. 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 102 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. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, 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 determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverag�e Less than $50,000 $100,000 per individual; $ 300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence 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. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. 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 103 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 with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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. a. General Indemnification Provision. 1 . Inde - mnific-ation -for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear Imi the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification -for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Constr - uction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Desiqn Professionals. 105 1 . Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 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. G. 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. WIF6, 5.4 Gencral Conditions i)ortaining-jop ovisions of insurance coverag _r elly. Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1 . Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid 107 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of -any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required� to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11 . Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. worse 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these 109 requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right ibut: not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 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 - Document - s. 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 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, of 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. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: TRAFFEX ENGINEERS, INC. Attention: Nazir Lalani. P.E. P.O. Box 5784 Ventura, California 93005-0784 113 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 Authorit . 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 Date ATTEST: Veronica J. Montecino, CIVIC, City Clerk 114 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Date: k* � '�- 'g � os, 115 Exhibit A Scope of Services As directed by City staff, Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Identify and develop solutions for and advise City staff on potential traffic safety issues. 2) Oversee traffic signal design and operation. 3) Develop traffic and parking control signage and marking plans. 4) Develop alternative traffic calming programs. 5) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 6) Represent Public Works at City Council and Planning Commission if requested. 7) Review traffic collision and other police reports and advise City staff on traffic issues involved. 8) Assist City in preparing informational brochures for the public. 9) If requested, assist City in preparing an annual traffic safety report. 10) Mentor City's traffic technician on data collection, report preparation and signal/striping plan layout. 1 IL 6 TRAffEX ENGINEERS9 INC 0, P. 0. Box 5784, Ventura, CA 93005-0784 Telephone: (805) 647-1725 Mobile Phone: (805) 701-2021 Fax: (208) 330-8572 April 16, 2008 Tim Jonasson Director of Public Works City of La Quinta 78-495 Calle Tampico La Quinta CA 92253-1504 NAZIR LALANI, P.E. PRINCIPAL ASSOCIATE Email: n Lalanik)hotmail.corn Web Site: www.traffexengineers.com Registered Trafric/Civil Engineer California License # 01415/40433 SUBJECT: CONTRACT CITY TRAFFIC ENGINEER SERVICES Dear Mr. Jonasson: Per your request, this letter serves as written confirmation of our verbal discussions regarding my continuing to provide Contract City Traffic Engineer Services for the fiscal year beginning July 1, 2008. The specifies of my proposal are as follows: • Contract Traffic Engineering Services will be provided at an average of 40 hours per month An additional 160 hours will be provided to develop a new Traffic Calming Program for the City, update the Annual Safety Report, develop and fine tune new signal timing for the Econolite controllers that will be put Into operation on Hwy I I I and connected to the Aries System. • Th e total number or contract hours in FY 2008-2009 will be 640. The billing rate Would be $155 per hour for the hours actually spent working in the City or offsite at my Ventura office. The total contract amount will be $99,200.. np and to perform any necessary Two Mondays per month will be spent at City Hall for meeti , Field work. I will also be available to attend City Council meetings as needed. The City has on file a current business license and the required insurance coverage. I appreciate the opportunity to continue providing Contract Traffic Engineering Services to the City of La Quinta. If I hive not covered any items that you feet should be addressed in my letter, please let inc know. Sincerely, Nazir Lalani, P.E. President TRANSPORTATION CONSULTANTS 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 Amended Agreement. Total compensation for all work under this contract shall not exceed One Hundred Thousand Dollars ($100,000) except as specified in Section 1.6 - Additional Services of the Amended Agreement. Professional Staff Firm Principal Associate Schedule of Billing Rates Hourly_Rates $155.00 Upon receipt by City and under separate invoice, the Consultant shall provide the traffic engineering support services at the following rates: Support Staf Engineer Drafter/Technician Secretary Reimbursable Items Hourly Rates $100.00 $75.00 $50.00 Travel during the course of City business, reproduction, telephone, supplies and other non -wage costs directly related to the project will be billed at cost. 118 Exhibit C Schedule of Performance The contract period shall be July 1, 2008 through June 30, 2009, unless amended by the City. 119 Exhibit D Special Requirements None. 120 4 etP Q9&& COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of a Reimbursement Agreement with Greystone Clubhouse Associates, LLC, a Delaware limited liability company, for Street and Landscaped Median Improvements on Avenue 52 Associated with Site Development Permit No. 2002- 730 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize the City Manager to execute a Reimbursement Agreement (Attachment 1) between the City of La Quinta and Greystone Clubhouse Associates, LLC, a Delaware limited liability company, for Street and Landscaped Median Improvements on Avenue 52 associated with Site Development Permit No. 2002-730. FISCAL IMPLICATIONS: The reimbursement agreement with Greystone Clubhouse Associates, LLC, a Delaware limited liability company, is for Street and Landscaped Median Improvements on Avenue 52 associated with Site Development Permit No. 2002-730. As funds are collected in the future and as reimbursement requests are prioritized by the City Council, an amount not to exceed $463,894 for Avenue 52 may be paid from the City's Transportation DIF funds, Account No. 250-000-290.00-00. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Greystone Clubhouse Associates, LLC, a Delaware limited liability company, is the subdivider and developer of property in the City subject to the provisions of Site Development Permit No. 2002-730, which is currently known as Clubhouse Apartments and lies east of Jefferson Street on Avenue 52 (Attachment 2). 121 Conditions of Approval for Site Development Permit No. 2002-730 conditioned the developer to construct half width of the street and landscaped median improvements to the south portion of Avenue 52 along the development's northerly boundary. Pursuant to Resolution No. 2006-068, the July 2006 DIF Study and the Detailed Cost Estimate, portions of these improvements are eligible for DIF fund reimbursement as defined in the attached reimbursement agreement. The time frame for reimbursement is not specified; however, staff is preparing a policy for prioritizing reimbursements for City Council to consider at a future meeting. Staff has determined that the reimbursement amount is valid and within the amount established as DIF eligible off -site improvements. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Greystone Clubhouse Associates, LLC, a Delaware limited liability company, for Street and Landscaped Median Improvements on Avenue 52 associated with Site Development Permit No. 2002-730; or 2) Do not authorize the City Manager to execute a Reimbursement Agreement between the City of La Quinta and Greystone Clubhouse Associates, LLC, a Delaware limited liability company, for Street and Landscaped Median Improvements on Avenue 52 associated with Site Development Permit No. 2002-730; or 3) Provide staff with alternative direction. Respectfully submitted, 4 T 0 y R. J on, P.E Wor ctorlCity ubtfics )e Engi�neer Approved for submission by: Thomas P. Genovese, City Manager 1,22 Attachments: 1. Reimbursement Agreement 2. Vicinity Map 123 ATTACHMENT 1 City of La Quinta REIMBURSEMENT AGREEMENT AVENUE 52 IMPROVEMENTS Boundary of SDP 2002-730 THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this day of 2008, by and between GREYSTONE CLUBHOUSE 4SSOCIATES, LLC, a Delaware limited liability company ("Developer"), and the City of La Quinta, California, a California Municipal Corporation (the "City"). RECITAL A. Developer is the subdivider and developer of Site Development Permit 2002-730 (the "Project") located in the City of La Quinta subject to the conditions of approval found in Planning Commission Resolution 2002-82 ("Conditions of Approval"). B. The Conditions of Approval obligate Developer to construct certain improvements on Avenue 52, generally described as follows, and more specifically described in the Conditions of Approval, #50.A 1. Avenue 52 (Primary Arterial; 11 O'R/W option: Widen the south side of Avenue 52 along the project frontage. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county road design standard to La Quinta's urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutters, cross gutters and spandrels, traffic control striping, legends, marking and signs. Other significant new improvements required for installation in, or adjacent to the subject right of way include: a) 6-foot wide meandering sidewalk. b) 18-foot wide landscaped median from the westerly property line to the easterly project limits. Necessary transitions and tapers into the existing bridge at the All American Canal will need to be designed and is subject to approval by the City Engineer. The pavement rehabilitation/reconstruction and landscape median improvements are eligible for reimbursement from the City's Development Impact Fee fund in accordance with policies established for that program. C. The City has identified source of funds from which it desires to reirriburse Developer for the Required improvements at a point in the future to be determined by the City. The time and form of reimbursement payments shall be as set forth in the Agreement. The funds source is the 'rransportation Cornponer-11 Of the Development Irnpact Fee. All land developments in the City are required to pay Development Impact Fees ("Fees") pursuant to the Development impact Fee Program ("Program"), adopted by the City On June 15, 1999 and revised July 5, 2006. A portion of Development Impact Fee known 124 as the "Transportation Component" provides future funding for specific arterial street improvements located throughout the City (Exhibit C). D. Currently, the Transportation Component of the 2006 DIF Program contains cost details for for Avenue 52 (Jefferson Street to 1/2 mile east of Madison). The cost details (Exhibit B) reflect a DIF totaling $3,244,108.88 for Avenue 52 (Jefferson Street to 1/2 mile east of Madison). The Required Improvements are estimated to be $463,894.00 for Avenue 52. The aforementioned amount shall be referred to hereinafter as the "Budget Amount". However, this estimate including the pro rata distribution percentage is subject to change as the DIF is updated in the future prior to the completion of the work. E. The City Engineer has reviewed the scope and cost associated with the Required improvements and has determined that the Required Improvements are covered by the Program and are eligible for certain reimbursements, subject to certain limitations and availability of funds discussed herein. F. The parties hereto desire to enter into this Agreement to effectuate the terms of the City's reimbursement to Developer of certain costs incurred by Developer in constructing the Required Improvements to the extent they are determined to be eligible for reimbursement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Responsibilities of Developer: Developer has constructed the Required Improvements described in the Conditions of Approval as follows: A. #50.A 1. Avenue 52 (Primary Arterial; 11 O'R/W option: Widen the south side of Avenue 52 along the project frontage. Rehabilitate and/or reconstruct existing roadway pavement as necessary to augment and convert it from a rural county road design standard to La Quinta's urban arterial design standard. Street widening improvements shall include all appurtenant components such as, but not limited to, curb, gutters, cross gutters and spandrels, traffic control striping, legends, marking and signs. Other significant new improvements required for installation in or adjacent to the subject right of way include: a) 6-foot wide meandering sidewalk. b) 18-foot wide landscaped median from the westerly property line to the easterly project limits. Necessary transitions and tapers into the existing bridge at the All American Canal will need to be designed and is subject to approval by the City Engineer. 2. The cost of improvements expended by the Developer for improvements south of the of the centerline of Avenue 52 along the project boundary as specified in the DIF Study is eligible Reimbursement Agreement - Avenue 52 DiFagreemt Clubhouse Apt.DOC Page 2 of 9 12 5 for reimbursement, herein referred to as (the "Required Improvement") identified and documented in Exhibit A. The Developer has borne the cost of constructing the Required Improvements, subject to the limited credit and right of ultimate future reimbursement provided herein. The Required Improvement shall be constructed in accordance with all applicable City and State codes and regulations, including the obligation to secure bonds and guarantees pursuant to Section 14.16.180 of the Municipal Code of the City of La Quinta, and shall comply with each of the applicable provisions in the Conditions of Approval, incorporated in full herein by this reference. Upon completion and acceptance of said Required Improvements by the City, Developer shall submit to the City invoices and supporting documentation for those costs. 3. Responsibilities of City: a) Approval or Disapproval of Expenses. The City Engineer shall either approve or disapprove the invoices and submit the approved invoices for credit and/or reimbursement in accordance with this Agreement. The City Engineer shall provide Developer with a written explanation for any portion of an invoice that is disapproved. Developer recognizes that the City Engineer's approval of the costs does not guarantee that the costs will be reimbursed. Instead, the City Engineer approval is a condition precedent necessary for the costs to be processed for credit or reimbursement. b) Reimbursement from the DIF. Developer is eligible for reimbursement at some point in the future from the Transportation Components Fees collected on other projects. Developer recognizes that at this point in time, the City cannot commit to a time certain for reimbursement, in as much as the City is entitled to establish the priority of spending for the Transportation Component Fees. Developer further recognizes that the City Council has indicated that it will be considering a policy regarding the priority of reimbursement, and that this reimbursement will be subject to the policy. In no event will the amount of reimbursement exceed the Budget Amount ($463,894). 4. Warranty. Developer agrees to obtain from the contractor(s) constructing the Required Improvements a warranty in favor of the City to repair or replace of faulty work or materials for a period of one year following the date that the Required Improvements are accepted by the City Council. 5. 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 therefore. 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 agreed upon by both parties to this Agreement. 6. Attorney's Fees. If either party commences an action against the other arising out of or in connection with this Agreement, including the filing of a lien or other legal action to compel payment of the Reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party. Reimbursement Agreement - Menue 52 Wagreernt Clubhouse APt.DOC Page 3 of 9 12 6 7. indemnification. Developer 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 Developer, its officers, employees representatives, and agents, which arise out of acts or activities of Developer's or Developer'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, Developer 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, Developer shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. 8. City Officers and Employees; Non -Discrimination. 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. 9. Term of Agreement. This Agreement shall remain in full force following the date it has been executed by both parties and until the listed Funding Source has paid the allowable Developer claims. 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, CA 92253 760/777-7075 Attn: City Engineer To Developer: GREYSTONE CLUBHOUSE ASSOCIATES, LLC. 341 BAYSIDE #7 NEWPORT BEACH, CA 92260 Attn: Walter B. Eebs Member/Manager (949) 566-6259 Reimbursement Agreement - Avenue 62 DIFagreemt Clubhouse Apt.DOC Page 4 of 9 127 11. Assignment of Agreement. The Developer may not assign, sublet, hypothecate, encumber, or transfer (whether voluntarily or involuntarily) its obligations hereunder to any party without the prior written consent of the City, which consent may be withheld in the City's sole and absolute discretion. 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. This Agreement may be executed in counterparts, which when taken together, shall constitute one fully executed document. 13. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all provisions not so held shall remain in full force and effect. 14. Authority of Signatories. 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. Reimbursement Agreement — Avenue 52 DiFagreemt Clubhouse Apt.DOC Page 5 of 9 128 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 Date Approved as to Form: M. Katherine Jenson, City Attorney City of La Quinta Date Developer: GREYSTONE CLUBHOUSE ASSOCIATES, LLC. 341 BAYSIDE DRIVE NEWPORT BEACH, CA 92660 L-is Date Title: Managing Member a Date Title: Reimbursement Agreement — Avenue 52 OlFagreerm: Clubhouse Apt.DOC Page 6 of 9 129 STATE OF CALIFORNIA COUNTY OF ORANGE On lqfp r, / A / ' 2008, before me, Jenny Cunningham, Notary Public, , -- sonally appeared Walter B. Eeds, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person� or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . - . . . . � � � � A, � � � - r ... 0... J NNY CUNNINGHAM comm. W #1792245 0 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expire$ Mamh 2. 2012 46-V-Nry V V 7"7'7-V'V-V-V V 130 Exhibit A REQUIRED IMPROVEMENTS —SITE DEVELOPMENT PERMIT 2002-730 REQUIRED IMPROVEMENTS AVENUE 52 STREET IMPROVEMENTS FRONTING SDP 2002-730 Item # Descrii)tion Units_ Unit Cost Quantity Total Cost AVENUE 52 STREET IMPROVEMENTS FRONTING SDP 2002-730 1 Avenue 52 (South Side) L.S. $463,894.00 $463,894.00 - Required Off -Site Street (not to exceed) Improvements Eligible for Reimbursements From Development Impact Fee Fund Total Cost for Required Improvements, not to exceed: $463,894.00 Reimbursement Agreement —Avenue 52 Wagreemn Clubhouse APt.DQC Page 7 of 9 131 Exhibit B July 5, 2006 DIF Cost Detail Avenue 52(Jefferson Street to Y2rnile east of Madison) Reimbursement Agreement -Avenue 52 DIFagreernt Clubhouse Apt.DOC Page 8 of 9 132 CITY OF LA QUINTA: DEVELOPMENT IMPACT FEE (DIF) COST DETAIL Project Type: Primary Arterial Project: Avenue 52 (Jefferson Street to 112 mile east of Madison) n^ect. #Ion r The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, and the adjustment of the centedine profile to implement urban drainage concept for the future widening of the north and south sides, from Jefferson St. to Madison; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to Implement urban drainage concept for future widening of the south side, from Madison St. to 1/2 mile east of Madison. ITEM DESCRIPTION UNITS QUANTIT' UNIT COS-T ELIGIBLE DIF COST MOBILIZATION L$ $208,9211.63 $208,921.63 2 TRAFFiC CONTROL LS $189,928.75 $189,928.75 3 TU—STCONTROL LZ5 $81,787.50 4 UNCLASSIFIED FILL CY 4500 $63,000.00 5 UNCLASSIFIED EXCAVATION CY 4500 $14.00 $63,000.00 6 F 'CURB LF 13200 $10.00 $132,000.00 7 4.5- AC OVER 6- A13 S� 198000 $2.65 $524.700.00 8 SI NING AND STRIPING LS 1 $25,000.00 $25,000.00 9 LANDSCAPE SF 118800 $3.50 7�250 $415,800.00 --U-97.000.00 10 IRRIGATION SF 118800 11 ELECTRICAL SF 118800 $2.�() t'297,00'D.00 Jul-06 '§UB —TOTAL Estimated Soft Costs: Design: $2,298,137.88 UZ , inspection/TestinEysuirve . '106.691 LAW Aun"11171:1 906.891 Cor I otal Estimate:111 �,244108-8�8 Note� The project also includes the construction of a new outside lane adjacent to Polo Estates. July 5, 2006 Update Appendix 1 (8 of 20) 133 Exhibit C July 5, 2006 DIF Fee by Development Category Reimbursement Agreement —Avenue 52 DIFagreemit Clubhouse Apl.DOC Page 9 of 9 134 City ofLa Quinta — Development Impact Fee Study F. SUMMARY OF MPACT FEES Table S-1 summarizes the recommended impact fees by development category and facility type. The amounts shown in that table based on the analysis in subsequent sections of this report. H&'! Owl, 31 M7- �4 MW a -P r, 711." Rea (SM) DU� SI,930 S892 $996 $140 $355 S74 S67 S22 $4,475 Res (SFA) DU $1,930 $669 $325 $45 $266 $56 S67 $16 $3,374 Res (MFO) DU $1.127 $976 $229 $32 $348 S73 S39 $21 $2,745 office(flow. I KSF 1 $3,729 $140 $20 T $130 Geneml Com KSF ' I S3,039 $322 S "6�_ S3,512 Tourist Com Roam $982 $130 SIR t334 $1,165 Golf Coma Acm $363 $148 . . $544 G. PROJECTED REVE NUE Table 8-2 shows projected total revenue from impact fees, from now to build out, assuming that the fees are adopted as recommended and that all development anticipated in this report actually occurs. Note that projected revenue is given in current dollars. Tabfe S-2 Protected Im )act Fee Revenue -'4';F W Transportation Parks ' $12,058,823 Civic Center $12,971,484 Fire Station $1,817,542 Libraries $4,790,615 Community Centers $1,005,791 Street and Park Maintenance $1,492,195 TOTAL $79,645,484 I Rcsiderdia.l. Single Family Demelled 2 Dwelling Unit 3 Residential- Single Family Attached 4 Midential —Muhi family and odxx 5 1,000 Squam Feel of Gross Building Atta 6 Project Revenue in cunrent dollam July 5, 2006 Update Page 4 135 ATTACHMENT 2 NrI401POIry M^PP W+E N. T. S. 8 136 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Adoption of a Resolution to Reaffirm the City's Adoption of the Annual Assessment for CSA 152, Authorize Riverside County to Continue to Levy Assessments, and Indemnify and Hold the County Harmless for Levying Assessments on City Parcels Under CSA 152 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /0 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2008/2009 under CSA 152. FISCAL IMPLICATIONS: The adoption of this Resolution will authorize Riverside County to continue assessing CSA 152 assessments in the amount of nine dollars and ninety-nine cents ($9.99) per parcel for all parcels within the City of La Quinta. The estimated revenue for Fiscal Year 2008/2009 is approximately $218,000 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In December 199 1, the County of Riverside initiated the use of County Service Area (CSA) 152 to provide funding for local jurisdictions for flood control and storm drain maintenance. On May 20, 1997, the City of La Quinta passed Resolution No. 97-39 approving the Benefit Assessment Unit (BAU) rate for the Fiscal Year 1997/98 CSA 152 Assessment. Resolution No. 97-39 states that the City shall agree to indemnify, defend, and hold the County and members of its Board, Officers, Employees, and Agents harmless from any and all claims, demands, and causes for the collection of assessments under CSA 152. 13 7 Each year, the County of Riverside collects the $9.99 assessment per parcel under CSA 152 to fund the City's program for the National Pollutant Discharge Elimination System (NPDES) Permit. The services funded by CSA 152 include: flood control and storm drain maintenance, retention basin maintenance, and street sweeping. The City utilizes revenue from CSA 152 which is collected on all parcels in the city for street sweeping and storm drain maintenance and operation in order to partially offset costs in the citywide lighting and landscape district. The County of Riverside requires a City Council Resolution stating that the City's program will continue and that the parcel charge will remain unchanged for Fiscal Year 2008/2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council authorizing Riverside County to levy assessments for the Fiscal Year 2008/2009 under CSA 152; or 2. Do not adopt a Resolution of the City Council and fund the street sweeping, flood control facility/drainage facility maintenance and operations, and the NPDES Program from the General Fund (this will result in an expenditure of approximately $218,000 annually from the General Fund); or 3. Provide staff with alternative direction. Respectfully submitted, "Wrmothy R. Jina6k P.E. Public Work7!f Director/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 138 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND RECONFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY'S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY'S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally -mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro -active method of insuring pro -active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CSA-61 7002 with the County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997 authorized Riverside County to levy and establish a Benefit Assessment Unit (BAU) rate for the 1997/98 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and 1 oo Resolution No. 2008- CSA 152 Adopted: May 20, 2008 Page 2 WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City's flood control and drainage system to comply with the NPDES Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1 . The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments are exempt from the new procedures and approval requirements of Article X111D, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2008/2009 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. 140 Resolution No. 2008- CSA 152 Adopted: May 20, 2008 Page 3 Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City's application of reliance on or use of County Service Area 152. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20' day of May, 2008, by the following vote to wit: AYES: NOES: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 141 y 4 OF COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of a Request for Proposal for Street Sweeping Services RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve and authorize staff to distribute a Request for Proposal for Street Sweeping Services (Attachment 1). FISCAL IMPLICATIONS: Adequate funds for street sweeping services have been proposed in the Preliminary Fiscal Year 2008/2009 budget, Account No. 101-7003-431-44-10. CHARTER CITY IMPLICATIONS: Under the Charter City status, the City is not required to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On June 15, 2004, the City Council awarded a Maintenance Services Agreement to Clean Street for 52 weeks, in an amount not to exceed $71,853.60 for sweeping approximately 56.1 curb miles north of Highway 111. The agreement allows annual extensions for a period not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2007/2008. Subsequent to awarding this contract, the Coachella Valley Association of Governments (CVAG) Street Sweeping Task Force for the Regional PM10 Street Sweeping Program determined that there were streets within the regional street sweeping program that do not meet Caltrans criteria for a regional arterial. The member jurisdictions developed criteria defining a regional arterial, which has now been adopted by CVAG. Through this process, 36.78 curb miles per week within the City were eliminated from the regional system. Out of the 36.78 curb miles eliminated from the regional system, 142 22.9 curb miles were contracted out to Clean Street for sweeping and the remaining 13.88 curb miles were added to the City's Street Sweeping Program. During the August 2, 2005 City Council meeting, the City Council approved Contract Change Order No. 1 in the amount of $30,282 with Clean Street for additional street sweeping services, which added 22.9 curb miles. As of January, 2008, City maintenance sweeps weekly approximately 125 curb miles. The Coachella Valley Association of Governments (CVAG), within the regional street sweeping program, sweeps approximately 46 curb miles within the City of La Quinta. The City currently sub -contracts 79 curb miles of mechanical street sweeping services with Clean Streets. In an effort to ensure weekly sweeping schedules are completed, staff proposes to continue sub -contracting the 79 curb miles of mechanical street sweeping services. FINDiNGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve and authorize staff to distribute a Request for Proposal for Street Sweeping Services (Attachment 1); or 2. Do not approve and do not authorize staff to distribute a Request for Proposal for Street Sweeping Services (Attachment 1); or 3. Provide staff with alternative direction. Respectfully submitted, �,�othy R.,Jbna n, P. E. Public Works Dir tor/City Engineer Approved for submission by: K Z__ _Y� Thomas P. Genovese, City Manager Attachment: 1 . Request For Proposal (RFP) 14 ATTACHMENT I CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE MECHANICAL STREET SWEEPING SERVICES The City of La Quinta requests proposals from qualified street sweeping companies to provide street sweeping services. 1 . Services Requested Furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the above stated project. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated on Exhibit A. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; 2. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; 3, The City reserves the right to add additional streets and/or other right-of- way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; 4. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; 5. Sweeping in residential areas shall not commence prior to 7 a.m. 6. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. 144 7. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. S. Contractor shall be responsible for disposal of all refuse collected by hauling the same to a legally established disposal area. If refuse is stored at a transfer site, the site shall be cleared weekly. Obtaining sites shall be the sole responsibility of the contractor. Transfer sites shall be approved by the City of La Quinta. 9. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. 10. In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. 11. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. 12. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. 13. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. 14. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. 145 3. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes, clearly marked with the Contractor's name, address and phone number. Only one proposal per Contractor will be considered. Proposal packages are to be submitted to the City on/or before June 16, 2008. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Timothy R. Jonasson, Public Works Director/City Engineer City of La Quinta Public Works/Engineering Department 78-495 Calle Tampico P 0 Box 1504 La Quinta, CA 92247 4. Selection Process Work Programs will be reviewed by a Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may choose to interview two or more closely -ranked firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. Contractor's are encouraged to keep their proposals brief and relevant to the specific work required. The City will open contract negotiations with the top ranked firm. The successful consultant will be expected to enter into the attached Maintenance Services Agreement. Proposals shall include the following items: A. Work Proposal (envelope 1) - submit 4 copies 1 . Cover Letter (1) The name, address and phone number of the contractor's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the contractor's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -contractors and their responsibilities. 2. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime contractors and sub- contractors. 1.46 (2) Contractor's and sub -contractor experience with similar work, including names and current phone numbers of reference for existing and past clients. 3. Project Understanding and Approach A description of your project understanding and how you will approach the project. 4. Proposed Sweeper Schedule A comprehensive street sweeping schedule identifying the day and time each of the streets identified within Exhibit A will be swept. B. Cost Proposal �envelope 2) The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the project. CITY OF LA QUINTA REQUEST FOR PROPOSAL TO PROVIDE MECHANICAL STREET SWEEPING SERVICES COST PROPOSAL SHEET The following is a summary of costs to provide the services outlined in the Request for Proposals for Mechanical Street Sweeping Services and will be used as the basis for negotiating a Professional Services Agreement: Item Description Unit Est. Qty Unit Cost Extended Cost Street Sweeping Linear Mile 79.0 $ $ Prime Consultant: Date Signed: 148 >>>>>>>>>g>>>>�>>>>>>>>v n c) 3 3 3 3 3 3 R 3 3 3 3 3 3 3 > �2 w! * - zi �z z z z z - v� E� 24 C) C) C) C) w w - ........... -4 90!� WP w - M Z * . MIM 40w000 W��Mw m x CO 149 > a 2: 2: -S. i 9- 9- . . . . �3 3 3 9 3 m CD m om��M� �c IN M-Wll��Mww 0 c M Nli N WWW.WW.W� �lwli �WWI" "I" 0 m 61, C) 150 Z9 ww mmmm ��Mo wwl� 0 0 co) 0 0 0 C, 0 0 0 0 0 0 0 C) C) 0 0 C) C) o 0 0 C) C) 0 0 0 C) 0 0 0 C-) 0 . . . . . . . . . . . w 0 0 0 0 0- 0- 0- 0- 0- 5 w w 0 3 3 3 3 3 B D 3 3 :3 0 0 Fb FD ZD FD N 7 0 0 0 0 0 0 0 0 0 0 o C) m 0 0 0 0 o o C) M-�Wow.wo� wl�O�W�w 0 �4 �Ow� �4 �4 1 m 151 G) m m c c c c Es 0 0 0 m m m m m 0 m m m 0 0 m 0 m m 0 m m a m 0 a 0 0 0 0 C) C) 0 0 q q -3 m 0 m 0 m 0 n 0 0 0 0 C) > 3- 3- 3- 3- . x gQ333333333 000000 a�ww wmm��- . � mm � . � I. 0� T. � � M � wm � T � - M - � - 1� Cl 6 �4 4w mw �C�om�o owm==�. mw� C-WW- 006 :� 151- zzzzzKKIZ9KKKKK� 0 0 0 0 0 0 w 0 0 0 0 c 00 c 0 w w 523,5 MMM .. M06 0 0 w m w 0 5 0 0 0 0 0 0 0 n 0 00, 0 00000 153 0 0 0 0 0 0 0 0 OW �O cc 30 03 wo Ow Ow 03 0 w 0 N w WS w w m ET 0 R 0 a 5� n 0 0 0 wwwwEw 0 2 c 2 u5FU a a oo- P 0 0 0 0 0 0 SL D. .- - 0 Ol . Ol Ol - 0 . - 3- 3 C) 0 0 — — — — — — — — — — mm==� t W. 0 N m W � w N ONO T MWIP0 RR I 154 -4 4 j� < < < 02 0 a 0 m m M 0 0 0 0 0 0 2 00 SMM.no 000030 0� 5 0 Ei 0 5 0 0 ou 00 00 ET m < m < 0 < m m —K 0 -0 0 E; 0 a 0 m m 00 m 0 C) C) 0 n 0 0 0 ET HT C—n 0 0 0 0 0 ON W� MOM:= MR wl— m m 0 "IN N NW N N N N N N� NIN m N N N N N .1" N OOMIOMM" 155 Kc)m> o w < :Eoc)z0000Ko<woQo w 0 0 0 0 w m w 0 w 0 u u o E a -.O-.o 0 3 a ET w w 00 o.O.-- -a-g- E 3 w— 0 0 M>*C) C 0 0 0 0 a 0 U 0 0 0 0 0 ev U)m o > > 0 3 < o o 0 U)s o 0 > 0 yi >M 0 0 C:)Uo 0 M > CL 0 0 w 0 0 o 3 3 3 D m 0 m m m . m 0 - - - - Ll - - - - - 15 6 ._ _.._.��..��, �,�� w.��.�:� ATTACHMENT I B MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("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, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 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, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which 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, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor 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 Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, 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 Contractor shall not relieve Contractor 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 Contractor. 153 ATTACHMENT I B MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("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, Contractor shall provide those services related to Mechanical Street Sweeping as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 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, Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which 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, Contractor warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Contractor 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 Contractor's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.5 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Contractor, 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 Contractor shall not relieve Contractor 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 Contractor. 159 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Contractor shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Contractor 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 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with Exhibit "B" lthe "Schedule of Compensation") in a total amount not to exceed Dollars and No Cents ($000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Contractor's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in 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 III Oth) 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 (11 ) 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 16 Performance may be approved in writing by the Contract Officer. Yearly extensions, not to exceed three (3) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2011/2012, may be allowed, at the City of La Quinta's discretion. 3.3 Force MaFeure. 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 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 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 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 until completion of the services, except as otherwise provided in the Schedule of Performance. 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: 91 R1 C. 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 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 Contract Officer. The Contract Officer shall be Mr. Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise 161 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 City to enter into this Agreement. Except as set forth in this Agreement, 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 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 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. 4.5 City Cooperation. City shall provide Contractor with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Contractor only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Contractor 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 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 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 determined by the Contract Sum in accordance with the following table: Contract Sum Personal Iniury/Property Damage Coverage Less than $50,000 $100,000 per individual; $300,000 per occurrence $50,000 - $300,000 $250,000 per individual; $500,000 per occurrence Over $300,000 $500,000 per individual; $1,000,000 per occurrence Contractor shall 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 Contractor, its officers, any person directly or indirectly employed by 162 Contractor, any subcontractor or agent, 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. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. 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 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. Contractor shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of "A" or better and a minimum financial size VII. 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 Contractor's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contractor's Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or subcontractors Ior any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Contractor. 163 b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise our of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. C. General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for with or on behalf of Contractor in the performance of this agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. d. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5.3 Remedies. In addition to any other remedies 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, 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 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 City may have. The above remedies are not the exclusive remedies for 164 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. 5.4 General Conditions pertaining to provisions of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 2004. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. a - 16-5 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Contractor agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Contractor's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or seif-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning Contractor's performance of the services required by this Agreement as the Contract Officer shall require. 167 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 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 Contractor, 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 Contractor 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. Contractor shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor 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 Contractor for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Contractor 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 Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contractor shall not disclose to any other 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 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 within forty-five l45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided 1 —U 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 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 7.8 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 Contractor. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Contractor. If termination is due to the failure of Contractor 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 Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor 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 Contractor, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to 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 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. Contractor 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. 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 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 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. To City: To Contractor: CITY OF LA QUINTA Attention: Tim Jonasson Attention: 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92247-1504 Phone: 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. t "10 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, CONTRACTOR: a California municipal corporation a% DON ADOLPH, Mayor Dated: ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 171 Exhibit A Scope of Services Services to be Provided: Clean Street shall furnish all necessary materials, equipment, labor, and incidentals as required to perform street sweeping for the City of La Quinta. The work involved shall include mechanical and/or manual sweeping of all curbed flow -lines, including all cross gutters, streets and paved center median islands. The areas to be swept consist of all designated streets located within the northern portion of the City as illustrated within Attachment 1, which is made a part of this agreement. Each of the streets identified shall be swept a minimum of once per week. 2. Performance Standards Street sweeping shall be performed in accordance with accepted standards for routine and emergency municipal street cleaning. Additional performance standards include: A. When necessary for proper street cleaning, more than one pass will be made on the street without additional charge; B. Additional sweeps requested by the City of La Quinta for unsatisfactory performance shall be responded to immediately; C. The City reserves the right to add additional streets and/or other right-of-way to the street schedule. The contractor shall provide any additional sweeping services at the agreed upon per curb mile cost; D. Contractor shall maintain the sweeping schedule as approved by the City of La Quinta and shall maintain standby equipment to be used in the event of equipment breakdown or an emergency; E. Sweeping in residential areas shall not commence prior to 7 a.m F. Sweepers shall not be operated faster than 10 mph when sweeping paper, leaves or light trash, 5 mph when sweeping normal accumulation of dirt, sand and gravel, and 3 mph when sweeping heavy accumulation of dirt, sand and gravel. G. Contractor shall make arrangements with the Coachella Valley Water District (CVWD) to obtain and pay for water necessary for street sweeper operations. The City of La Quinta shall review and approve water access locations. H. The City of La Quinta shall be the sole authority for canceling scheduled street sweeping due to inclement weather. When inclement weather prevents adherence to the regular sweeping schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept within seven days of the scheduled sweeping without interruption of regular sweeping schedule. Contractor shall perform all make up work due to inclement weather without additional charge. 17 2 In the case of prolonged inclement weather, the City, at its discretion, will consider the Contractor's request to eliminate sweep days not completed. If sweep days are eliminated, the Contractor shall credit the City for curb miles not performed. J. Contractor shall not sweep on Saturday, Sunday or City recognized holidays. K. Consultant will submit a list of the type of equipment to be utilized, including the year, make and model of each sweeper proposed for providing these services to the City for approval. At a minimum, the Contractor shall provide two (2) primary and one (1) back up sweeper. The two primary sweepers shall be regenerative air vacuum sweepers that comply with South Coast Air Quality Management District (SCAQMD) Rule 1186.1 Less Polluting Sweepers. L. Contractor shall develop a weekly sweeping schedule for approval by the City of La Quinta. At a minimum, each street shall be swept as soon as possible following the weekly trash collection. M. Contractor shall spray street with water during street sweeping operations to the extent required to minimize blown dust/dirt in compliance with AQMD - PM10 requirements. 17 3 Exhibit B Schedule of Compensation Payment shall be provided to the Contractor for services rendered based upon each curb mile swept. Compensation shall be provided at $_ per curb mile. Total compensation for all work under this contract shall not exceed Dollars and No Cents ($00.00) except as specified in Section 1.6 - Additional Services of the Agreement. The following is a summary of costs to provide the services outlined within Exhibit A of this Agreement for Mechanical Street Sweeping Services. Item Description Unit Est. Qty Unit Cost j Extended Cost Street Sweeping Linear Mile 79.0 $ per week TOTAL $ per week 174 Exhibit C Schedule of Performance Contractor shall complete all services within Three Hundred Sixty -Five (365) days, from July 1, 2008 to June 30, 2009. 175 Exhibit D Special Requirements The City of La Quinta will provide the Contractor with a disposal site for the refuse collected within the City of La Quinta Corporate Boundary. The City and the Contractor will be responsible for disposal of the refuse. 176 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of an Amendment to the Citywide Landscape Maintenance Services Agreement With Kirkpatrick Landscaping Services, Inc., Project No. LMC 2005-08 for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: /.-L STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Citywide Landscape Maintenance Services Agreement (Attachment 1) for Project No. LMC 2005-08, with Kirkpatrick Landscaping Services, Inc. for Fiscal Year 2008/2009 and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: Adequate funds for the Citywide Landscape Maintenance Services have been proposed in the Fiscal Year 2008/2009 budget, Account No. 101 -7004-431.34-04, Landscape Maintenance Contract Services. CHARTER CITY IMPLICATIONS: This project is funded by the Landscape and Lighting Assessment District 89-1 Funds and the General Fund. Therefore, under the Charter City status, the City is not mandated to pay prevailing wage rates. BACKGROUND AND OVERVIEW: On September 20, 2005, the City Council awarded a contract to Kirkpatrick Landscaping Services, Inc. for the Citywide Landscape Maintenance Contract, Project No. LMC 2005-08, in the amount of $612,000 and appropriated additional funds in the amount of $107,000. This program provides for weekly maintenance of all landscape areas located within the City's medians and perimeter landscape. The Contract Specifications allowed for four (4) one-year extensions renewable at the beginning of each fiscal year through Fiscal Year 2009/2010, at the City's discretion. This is a request for the third one- year extension. 177 Attachment 2 is the proposed Amendment to the Agreement with Kirkpatrick Landscaping Services, Inc. in the amount of $766,534. This amount includes Contract Change Orders No. 1 through No. 8 for additional landscape maintenance. The contract amount is calculated as follows: Original Contract Amount $612,000 Contract Change Order No. 1 $ 4,245 Contract Change Order No. 2 $107,563 Contract Change Order No. 3 $ 2,201 Contract Change Order No. 4 $ 4,168 Contract Change Order No. 5 $ 22,082 Contract Change Order No. 6 $ (6,731) Contract Change Order No. 7 $ 16,800 Contract Change Order No. 8 $ 4,206 Total Revised Contract Amount $766,534 Based on Kirkpatrick Landscaping Services, Inc.'s past performance, as well as their familiarity with the required work, staff recommends approval of a one-year extension. This will be the third one-year extension of this contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. 2005-08 for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc. and authorize the City Manager to execute the Amendment; or 2. Do not approve an Amendment to the Citywide Landscape Maintenance Services Agreement, Project No. 2005-08 for Fiscal Year 2008/2009, with Kirkpatrick Landscaping Services, Inc.; or 3. Provide staff with alternative direction. Respectfully submitted, 4 mothy R a s E u c Wor 1 ctor/City blF ks D re Engin�eer 173 Approved for submission by: K�-40V�/ �'el Thomas P. Genovese, City Manager Attachments: 1. Amendment to Agreement 2. Agreement for Landscape Maintenance Services 179 ATTACHMENT I AMENDMENT TO AGREEMENT BETWEEN KIRKPATRICK LANDSCAPING SERVICES, INC. AND CITY OF LA QUINTA This Amendment to the Agreement for Landscape Maintenance Services, made and entered into on June -1 2008, by and between the KIRKPATRICK LANDSCAPING SERVICES, INC., herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the CITY is desirous of Amending its Agreement for Project No. LIVIC 2005-08, Landscape Maintenance Services with Contractor to provide for one (1) additional year of service; and WHEREAS, the CONTRACTOR, is agreeable to rendering services to the City on the terms and conditions contained in the Agreement for Landscape Maintenance Services between Contractor and City. IT IS AGREED that "Paragraph A" of said Agreement is hereby amended to read in its entirety as follows: A. TERMS OF AGREEMENT: This Agreement shall be from the date of this Agreement from July 1, 2008 until June 30, 2009, or such later date as may be agreed between parties. The Contract Specifications allowed yearly extensions, not to exceed four (4) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2009/2010. IT IS AGREED that "Paragraph B" of said Agreement is hereby amended to read in its entirety as follows: B. CITY'S OBLIGATIONS: For furnishing services, as specified in the Agreement, CITY will pay and CONTRACTOR shall receive full compensation, therefore, the total sum of Seven Hundred Sixty Six Thousand Five Hundred Thirty Four Dollars ($766,534.00), as required in the bid documents and adopted by the CITY. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. Dated: CITY OF LA QUINTA 2z THOMAS P. GENOVESE City Manager 130 ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney Dated: KIRKPATRICK LANDSCAPE SERVICES, INC. M Name: Title: "CONTRACTOR" 181 ATTACHMENT 2 AGREEMENT THIS AGREEMENT made and entered into this /Z day of ;rv,40- —, 2006, by and between the CITY OF LA QUINTA, CALIFORNIA, a Municipal Corporation, hereinafter designated as "CITY" and KIRKPATRICK LANDSCAPING SERVICES, INC., hereinafter referred to as "CONTRACTOR". WHEREAS, on July 19, 2005, CITY invited bids for Project No. LMC 2005-08, Landscape Maintenance Services for CITY maintained properties per specifications; and WHEREAS, pursuant to said invitation, CONTRACTOR submitted a bid, which was accepted by CITY for said services. NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: A. TERMS OF AGREEMENT: This Agreement shall be from the date this Agreement is made and entered as first written above, or July 1, 2006, until June 30, 2007, or such later date as may be agreed between parties. The Contract Specifications allowed yearly extensions, not to exceed four (4) one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2009/2010. B. CITY'S OBLIGATIONS: For furnishing services, as specified in this Agreement, CITY will pay and CONTRACTOR shall receive in full compensation, therefore, the total sum of Seven Hundred Twenty -Three Thousand Eight Hundred Eight Dollars ($723,808.00), as required in the bid documents and adopted by the CITY. C. CONTRACTOR'S OBLIGATIONS: For, and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, CONTRACTOR agrees with CITY to' furnish the services and to do everything required by this Agreement and the said specifications. D. 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 1300-7 182 such Claims. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parities. E. AMENDMENTS: Any amendment, modifications, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval of the City Council of the CITY. TERMINATION: If, during the term of this Agreement, CITY determines that CONTRACTOR is not faithfully abiding by any term or conditions contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a ten-day notice of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a break of this Agreement and CITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined at the CITY'S sole discretion, so as to permit a full and complete accounting of costs. in no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. — G. INCORPORATION BY REFERENCE: The Notice Inviting Bids, the General Bid Terms and Conditions, the Special Bid Terms and Conditions, Bid Submission Form(s), and the Bid Specifications, are hereby incorporated in and made a part of this Agreement. H. COMPLETE AGREEMENT: This written Agreement, including all writings specifically incorporated hereby in reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be or any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. ANTI -DISCRIMINATION: In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. J. AUDIT: CITY shall have the option of inspection and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR. NOTICE: All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: .1300-2 1 U' 3 CITY: Office of the City Clark City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 CONTRACTOR: Kirkpatrick Landscaping Services, Inc, 43752 North Jackson Street Indio, California 92201 L. LITIGATION COSTS: In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. M. AUTHORITY TO EXECUTE AGREEMENT: Both CITY and CONTRACTOR do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement at La Quints, California, the day and year first above written. CITY OF LA QUINTA, CALIFORNIA A Municipal Corporation 0�n-- C� Don Adolph, Mayor V ATTEST: kun Greek, CMC, CRVICIerk ity of La Quinta, California APPROVED AS TO FORM: M. Katf(erine Jenso&/City Attorney CONTRACTOR: Name Title APPROVED AS TO CONTENT: (4Pubothy R ss P.E lic Wor rjCity kjso irec Engineer '1300-3 18) COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of an Amendment to the Landscape Lighting Maintenance Services Agreement With Bruce Kribbs Construction, Project No. LMC 2004-04 for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 12 STUDY SESSION: PUBLIC HEARING: Approve an Amendment to the Landscape Lighting Maintenance Agreement, Project No. LMC 2004-04 (Attachment 1) for Fiscal Year 2008/2009 with Bruce Kribbs Construction and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: The base contract is for bi-weekly inspections and repairs of all City -owned, maintained, and operated landscape lights in the amount of $13,500 per month for a total amount not to exceed $162,000 per year. Adequate funds for landscape lighting maintenance have been proposed in the Fiscal Year 2008/2009 preliminary budget as follows: Landscape & Lighting Account No. 10 1 -7004-431.32-07 $157,470 Parks Account No. 101 -3005-451.32-07 $ 34,000 CHARTER CITY IMPLICATIONS: None. This contract requires the contractor to pay prevailing wages. BACKGROUND AND OVERVIEW: On October 5, 2004, the City Council awarded the Landscape Lighting Maintenance contract to Bruce Kribbs Construction in the amount of $162,000 per year (Attachment 2). The original contract specifications allowed for four one-year extensions, renewable at the beginning of each fiscal year through Fiscal Year 2008/2009. 185 The budgeted amount of $191,470 proposed in the Fiscal Year 2008/2009 budget includes the bi-weekly inspection and repair costs for all of the city lighting systems as identified in the contract and an estimate of repairs of facilities due to come on line during Fiscal Year 2008/2009. On June 7, 2005, the City Council approved a one-year contract extension for Project No. LIVIC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2005/2006, with Bruce Kribbs Construction. On June 6, 2006, the City Council approved a one-year contract extension for Project No. LMC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2006/2007, with Bruce Kribbs Construction. On June 5, 2007, the City Council approved a one-year contract extension for Project No. LIVIC 2004-04, Landscape Lighting Maintenance for Fiscal Year 2007/2008, with Bruce Kribbs Construction. Based on Bruce Kribbs Construction's past performance, their familiarity with the required work staff recommends approval of a one-year extension. This will be the fourth one-year extension of this contract which is the maximum number of extensions allowed. Therefore, this work will be rebid next year. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve an Amendment to the Landscape Lighting Maintenance Services, Agreement, Project No. LMC 2004-04 for Fiscal Year 2008/2009 with Bruce Kribbs Construction and authorize the City Manager to execute the Amendment; or 2. Do not approve an Amendment to the Landscape Lighting Maintenance Services Agreement, Project No. 2004-04 for Fiscal Year 2008/2009 with Bruce Kribbs Construction; or 3. Provide staff with alternative direction. Respectfully submitted, 4 imo thy R. onas n, P.E Publ ic Wor s D ir torICIty Engineer 186 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Amendment to Agreement 2. Agreement for Landscape Lighting Maintenance Services 187 ATTACHMENT 1 AMENDMENT TO AGREEMENT BETWEEN BRUCE KRIBBS CONSTRUCTION AND CITY OF LA QUINTA This Amendment to the Agreement for Project No. LMC 2004-04, Landscape Lighting Maintenance Services, made and entered into on June —, 2008, by and between the BRUCE KRIBBS CONSTRUCTION, herein referred to as the "Contractor" and the CITY OF LA QUINTA, herein referred to as the "City". WITNESSETH: WHEREAS, the CITY is desirous of Amending its Agreement for Project No. LMC 2004-04, Landscape Lighting Maintenance Services with Contractor to provide for one (1) additional year of service; and WHEREAS, CONTRACTOR, is agreeable to rendering services for an additional year to the City on the same terms and conditions as contained in the Agreement for Project No. LMC 2004-04, Landscape Lighting Maintenance Services between Contractor and City. IT IS AGREED that "Paragraph 14" of said Agreement is hereby amended to read in its entirety as follows: 14. Term of Agreement: This Agreement will be for a twelve (12) month period from July 1, 2008 to June 30, 2009. However, the City shall have the right to terminate this contract on 30 days written notice to the Contractor. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the dates stated below. Dated: CITY OF LA QUINTA Bv: THOMAS P. GENOVESE City Manager ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney BRUCE KRIBBS CONSTRUCTION Dated: By: Name: Title: "CONTRACTOR" ATTACHMENT 2 AGREEMENT THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein referred to as "City," and BRUCE KRIBBS CONSTRUCTION, herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: 1 . Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project No. LMC 2004-04, Landscape Lighting Maintenance Services, in the City of La Quinta, California pursuant to the Invitation to Bid, dated May 2004, the project Specifications, and Contractor's Bid, dated September 23, 2004, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall inspect the landscape fighting systems as listed in Exhibit A, made a part of this Agreement on a bi-weekly basis. 5. In consideration of said work, City agrees to pay Contractor Thirteen Thousand Five Hundred Dollars ($13,500.00) per month for a total amount not to exceed One Hundred Sixty Two Thousand Dollars ($162,000.00) per year. All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per them wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. S. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives ("Indemnified Parties"), from any and all liability, loss, suits, claims, damages, costs, 1300-1 189 judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract ("Claim"). This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public), 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 cost of defense, including reasonable attorneys' fees incurred in defense of such claim. In addition, Contractor shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract 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. Contractor 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. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 1 �. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. 13. This Contract shall not be assignable by Contractor without the written consent of City. 13 . 00-2 190 14. Term of Agreement: This Agreement will be for a twelve (12) month period from July 1, 2006 to June 30, 2007. However, the City shall have the right to terminate this contract on 30 days written notice to the contractor. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract, 19� The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. 1300-3 191 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Da ted: �i7UZ6'441 ATTEST: CITY OF LA QUINTA, a California municipal corporation By Z� Thomas P. Genovese, City Manager 'CITY" 7� Dated: JL1n0�S:/Gie/ck, City Clerk APPRO.�ED AS TC;VFORM Dated: - lty/�tt8rneyl/ CONTRACTOR: Dated: By: -,r7 0 Name: Title: (if corporation, affix seal) 1300-4 199- M 4 OF COUNCIL/RDA MEETING DATE: May 20, 2008 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Authorization for Overnight Travel for the CONSENT CALENDAR: Senior Code Compliance Officer to Attend the Special Event Training Sponsored by the California Association of STUDY SESSION: Code Enforcement Officers in Ventura, CA from May 28- 30,2008 PUBLIC HEARING: RECOMMENDATION: Approve the overnight travel for the Senior Code Compliance Officer to Attend the Special Training Event Sponsored by the California Association of Code Enforcement Officers in Ventura, CA from May 28-30, 2008 (Attachment 1). FISCAL IMPLICATIONS: Attendance at the training will be funded from the Travel, Training and Meetings, account 101-5004-424.51-01. The attendee will travel by city vehicle to the training. Expenditures for the training are estimated as follows: • Registration $130 • Membership renewal 75 • Hotel (2 nights x $93) 186 • Meals (3 days x $75) 225 Total $616 CHARTER CITY IMPLICATIONS: None 193 jkC,KG9OUND D VERV'EW: ramTrrg_aucMjh T IIJIUVO Lhe skills and abilities of the Senior Code Compliance Officer by teaching leadership and management principles for use in today's multi - generational and multi -cultural workplace. The course also can be applied toward the continuing education requirements for C.A.C.E.O. certification. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the overnight travel for the Senior Code Compliance Officer to Attend the Special Training Event Sponsored by the California Association of Code Enforcement Officers in Ventura, CA from May 28-30, 2008; or 2. Deny the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, BuildingrI& Safety Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Description of training course RA 194 ATTACHMENT 1 0 0 CACE0 California Assodatlon of Code Enforoesnent Office" Home NEWS About Us Board of Directors Education & certification Anne Bruce Special Event calendar Annual Seminar On Thursday, May 29th and Friday May 30th, Anne Legislation Join CACEO Bruce will be facilitating three of her most popular Rewume Librat, training workshops for CACEO. Anne's a bestselling MErthandlue author for McGraw-Hill (New York) and an Jobs international speaker on a wide variety of management topics. She's been a presenter for EduCode five consecutive years and was the keynote speaker and workshop presenter for CACEO's annual conference last September in Oxnard. You won't want to miss any of them high-energy, entertaining and Interactive workshops presented by Anne on the following no-nonsense, real -world leadership programs: The Perfect Storm: Managing and Retaining the Millennium Generation Thursday, May 29, 2008 Full -day Program*Time: 8:30 a.m. * 3 p.m. (There will be a one -hour lunch break at 11:30 a.m.) Registration Instructions: Call CACEO at 916-492-CACE or visit our websIte at: http://www.caceo.us/register-ce.php Cost is $70.00 for one day or $130.00 for both days, CACEO membership not required. Program Description: Never before in the history of America, or the worid, has there been 4 distinct generations working and leaming side by side: Veterans, Baby Boomers, Gen Xers and Gen Yers. This unlikely combination of people working together under the same roof at the same time has caused a lot of frustration and irritability among workers, simply because people do not know how to best communicate with one another, or how to work together and understand one another. The good news is this! The combination of all four work groups, with the addition of Gen Nexters (the next group of workers to enter the workplace) can provide organizations with powerful, productive and high -performing opportunities, like never before*provided workers understand the dynamics of the workplace and how to communicate to all generations more effectively and accept and Sponsors I. - . —011 1 �WS-T-R-ATA-(t-O-M-o www.strolocionnIocs,com fo, a I It t I WILLDAN Son,ing P�jblic Agerims 19 `5 appreciate each group's unique contributions and very different behaviors! Highlights: """"'"M . � 0 0 The Perfect Storm: 4 Generations Working Side -by -Side This module will help attendees to understand , In - depth, each very different generation and their COMCATE workgroup, dissect personality types and see where he or she fits into the big picture in a MEE= positive and productive way. �XO�AMCO. e How Will You Mind the Gap Between Veterans and Gen Yers? Closing gaps and misunderstandings and building N relationship bridges. PACKUTS @ Managing and Training; Veterans, Boomers, Gen Xers and Gen Yers Tools and techniques for bringing people together 9 You Can Run, But You Can't Hide Avoiding the 'Avoidance Factor" Denying that there's a gap and the cost of doing so 9 Becoming a Trend Tracker ' Tracking trends of each generation for better communicatlon*enables discussion topics and stronger relationships on the job*each group has trends they follow all the way to the office 9 Each Generation Says, "I just don't get It! " Examples of how each group interprets the same message*all very different*understand and leap ahead with your communications toolkit. How each generation views his or her worklife. Example, Veterans and Boomers live to work*Gen Xers and Gen Yers work to live*backpack In the Himalayas, travel the world, reject loyalty, authority, implement attitudes of entitlement, etc. * Learning Lab: Multi -generational Motivational Diagnostic Classroom exercise e Hanging on to that High -Maintenance Talent *They're Worth It! What makes a worker high maintenance? What makes you high maintenance? Transitioning people to self-reliance and accountability. 12 Rules to hang on to your talent*all of your talent! Keeping the people (all ages) who keep your business In business. 9 Insider's Guide to Veteran's, Boomers, Gen Xers, and Gen Yers One Size Fits All, Doesnt! Easy ways on how to adapt the work environment so that everyone Is happy and productive. Organizations am NOT psychology labs! * Myths and Realities of the Millennium Generation*Beyond Tattoos Overcoming roadblocks and myths about each generation that holds us back! It's not your father's, or grandfather's, workplace anymore! Anne will be available during breaks and after class to answer questions and sign copies of her books. Join us again on Friday, May 30th for two of Anne's popular Mini -MBA leadership training programs, which will include: 19 6 Visionary Leadership -Dare to Soar Thursday, May 30, 2008 Time: 8:00 a.m. 9 11:00a.m. (There will be one break at 9:30 a.m.) Program Description: As writer Jack London once said: "You can't wait for inspiration. You have to go after It with a club." This program does just that. Real -world leadership tools, techniques and tips will be provided In this 3-hour mini -module session, Including a value- added takeaway handout. This program focuses on the dynamics of visionary leadership and then taking your leadership talents to the next and higher level. Will you dare to soar? Join us and find out! Mini -MBA Highlights: • Start with Helicopter Thinking • Putting Legs on the Vision: Free Yourself, Think for Yourself, Reinvent Yourself, Ignite Yourself • Visionary Leadership Coachlng*You Never Know Where Your Influence Will End -How Will You Pass the Baton? • Your Legacy of Enthusiasm, Confidence and Integrity • Mini Case Studies: The Lombardi Rules of Visionary Leadership • The Power of 4 and Its Impact on Visionary Leadership • A Vision for Success • Dare to Soar*Inspired Leadership and Teamwork from the Blue Angels The Power of Passionate People: How to Motivate Every Employee to Greater Performance and Productivity Thursday, May 30, 2008 Time: 12:00 Noon to 3:00 p.m. (There will be one break at 1:30 p.m.) Program Description Did you know that your feedback as a leader contributes to more than 54% of an organization's performance and productivity? This and other powerful leadership lessons will be revealed in this 3-hour mini module. Be prepared to learn new ways to boost employee morale and kick up performance and productivity a full notch in your organization. Learn the power of passionate people and its direct link to a peak performance in the workplace. Youll be glad you did. Mini -MBA Highlights: Easy -to -Use 4-Part Formula for Building Higher Performance and Productivity 1. Choosing Passion over Complacency 2. Be Serious About Your Work, Without Being Too Serious About Yourself 3. Be There When People Need You 4. Make Their Day! Turbo Charge Your Workplace with 5 Motivating Pointers Learning Lab: Motivation Is the Power 197 Behind Peak Performance • Are You Gaining Momentum, or Are You Stuck In the Past? • Mint Case Studies: The Lombardi Rules of Great Performers and Motivation • Be Aware of the Top 6 De- motivators*Then Eliminate Them! • Adopting New and Better Ways to Create and Boost Employee Motivation • Attitude Will Always Determine Altitude • Making the Most of Ourselves Anne will be available during breaks and after class to answer questions and sign copies of her books. California Association of Code Enforcement Officers 1215 K Street #2290 Sacramento, CA 95814 916.492.CACE 198 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of a Municipal Lease Agreement with Canon Copiers to Provide Digital Copiers, Maintenance and Supplies RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: AT STUDY SESSION: PUBLIC HEARING: Approve a Municipal Lease Agreement with Canon Copiers to provide digital printer/copier services and related, maintenance and supplies to serve the needs of all City departments. FISCAL IMPLICATIONS: Annual copier lease, maintenance and supply costs will total $ 5,400 per month and have been allocated in the Fiscal Year 2008/2009 Preliminary Budget in account No. 101-4002-415.43-19. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In July 2003, the City completed an analysis into various copier manufacturers and selected Canon copiers. During this period, the Canon copiers and the service and maintenance have been provided by Innovative Document Solutions of Palm Desert, CA. The proposed contract with Canon will allow the City to consolidate all copier leases to a similar maturity date, offers a $1 buyout, offers guaranteed response times, and has Energy Star efficient products. 199 Attachment 1 is a diagram showing the equipment to be located in City Hall by model type. The diagram does not show the copiers that will be located in the City Yard, Museum, Senior Center or the Police Substation. Models and locations were determined by meeting with personnel in each department both as a group and individually to determine there existing and future printer needs, quality of the existing copiers, and quality of customer service. In addition, the various lease schedules were considered. After these needs were assessed, Finance Department staff determined from these meetings that the current copier manufacturer, and the local service vendor — Innovative Document Solutions would best meet the City of La Quinta needs. Attachment 2 lists the models, features and costs associated with the new lease. In accordance with Municipal Code Section 3.12.270, the City is using recent bid prices from the Canon Kern County, California contract to determine the copier prices. This will result in lower prices, based upon their larger volumes that would be available if the City were to bid the contract alone. Attachment 3 is a copy of the Municipal Lease Agreement that has been approved by the City Attorney. FINDINGS AND ALTERNATIVES: 1 Approve a Municipal Lease Agreement with Canon Copiers to provide digital printer/copiers, maintenance and supplies to serve the needs of all City departments; or 2. Do not approve a Municipal Lease Agreement with Canon Copiers to provide digital printer/copiers, maintenance and supplies to serve the needs of all City departments; or 3. Provide staff with alternative direction. Respectfully submitted, '�John �MFalc�oner, Fin'ence Di-rector 2 Approved for Submission by: Thomas P. Genovese, City Manager Attachments: 1. Location Map 2. Copier Features 3. Municipal Copier Lease 201 3 WMA"', 1-111 HOUR= I t IN IN 202 .,A4 W) cn kn m kn m kr) m kf) m t Cq N 0 00 00 00 00 r- C) m C14 CA 164 CA m 1* kn �o r- . . . tn . �o . r- . 00 . >1 0 0 0 2 cn .0 0 0 u 4) 0 0 0 'u- o4 0 U 203 26855 Jefferson Avenue, Suite F 77-760 Springfield Lane, Suite #6 INNOVATIVE Murrieta, CA 92562 Palm Desert CA 92211 P. 951) 676-8885 P. 760) 200-1583 DOCUMENT SOLUTIONS F. 951) 296-2675 F 760) 2DO-1673 Yaw Load Aumn Farbw rmrvjL A ne City of La Quinta 0 14 now units*, ranging from 23 to 105 pages per minute output speeds, under Kern Co. #1258 0 Retain units #313 (Planning —Jay), 232 (Mailroom), and 1952 (to Mailroom), 1950 (Police) & 2 color devices All new units with scan to file, e-mail, and desktop (except I production unit) I lease termination date Fully networked fleet (NO standalone units) All units fax capable (except 2 production units) Network printing added to #232 (Mallroom) New monthly lease expense @ $ 3505.— plus tax A savings of $1Z 732. first year, $9732.1yr. thereafter! 2 color -capable units Canon iRC2880: each equipped with feeder, duplex, print, scan, scan to e-mail, Super G3 faxing, stapling, 3- Way paper paper feeding, and matching base. 28 ppm B&W, 26 ppm color output speeds. Locations: City Manager, City Clerk 5 Desktop units Canon iR1023iF: each equipped with feeder, print, scan, scan to e-mail, Super G3 faxing, 2-way paper paper feeding. 23 ppm output speed. Locations: City Manager —Wanda, Emerg. Ops, City Yard, Public Works/Engineering, Museum 6 B&W units Canon iR3035: each equipped with feeder, duplex, print, scan, scan to e-mail, Super G3 faxing, stapling, 5-way paper feeding (3 units w/ 3 way paper feeding systems), and matching base. 35 ppm output speed. Locadons: Finance, Bldg. & Safety, Senior Center, Community Services, Planning, Public Works *1 B&W Production unit Canon iR71O : equipped with feeder, duplex, print, stapling, 5-way paper feeding, folding, punching, and scanning, and INITIAL 400,000 images on this device service/supply coverage ($3000.-- value) ex, Award -winning EXCEPTIONAL Fxtrawditu" techtiolo,q SERVICE pe,,pie www.idscanon.com Summary: Utilizes Kem County Master Agreement No. 1258 (enclosed) 0 Maximizes U-Send technology, to increase productivity, and reduce costs by reducing paper, faxing costs, and document delivery time within the city 0 Fax capable on ALL but production units 0 1 single lease 0 Significant savings ($51,660. minimum) 0 Significant productivity and feature -set increases 0 Same proven vendor, service, and support 0 Same, low service costs since 2003 (except for new iRC2880 models, which are lower at.017 B&W and.089 color) 0 Removal and disposal as determined by lessor, of units numbered 1947, 1868,166,1912, 2209,1949,1951, 361, 2176, D191, 1910, Innovative Document Solutions looks forward to continuing it's partnership with the City of La Quinta, it's staff and agencies by providing the finest equipment available, and the best service and support in the Industry. Thank You for your consideration. R a — '00 / atZo�rdon, CDIA 21 0 5 N ATTACHMENT 3 Canon & --- Is ... �.! �eerll ha� ------ -------- - REMITTANCE ADDRESS P 0 Box MIC4 MUNICIPAL LEASE AGMEMENT Carol Strom, Illinois 6007-4004 (800)220= CFS-1045 (060) AGREEMENT OA� (R.A. NIA4E Doe, MA ll CITY OF 760-777-7000 mww�ss PO BOX 1054 aw LA QUINTA COUNTY RIVERSIDE STATE CA ZP 92247 EQUPMMTADDRESS CITY COUNTY STATE 78495 CALLE TAMPICO LA QUNITA RIVERSIDE 2P CA 92253 EQUIPMENT INFORMATION NUMBER AND AMOUNT OF PAYMENTS Qmmty Smal NurMNer Mak&%lodAU9smi No of Forms Total"i — 2 IRC2880 5 IR10231F 1 IR7105 6 IR3035 1 Network Card 8070 60 3-505 no Trunne, months. 60 Payment Froquency g Monthly E] Quarterly Pin Applicable T. El Other_ THIS AGREEMENT 13 EFFECTIVE ONLY UPON SIONNO BY 130TH PARTIES. THIS AGREEMENT IS MON-CANCELABLE BY CUSTOMER EXCEPT AS DESCRIBED IN THE FISCAL FUNDING PROVISION HERMtL CUSTOMER REPRESENTS THAT ALL ACTION REQUIRED TO AUTHORME THE EXECUTION OF THIS AGREEMENT ON BEHALF OF THE CUSTOMER BY THE FOLLOWING SONATOIUES HAS BEEN TAKEN. ACCEPTED AUTHORIZED CUSTOMER SIGNATURE - CANON FINANCLAL SERVICES, INC, Byrx Tie — BY Printed Name Tire By. X Tice Dal Prunded Name To Crown Financial Sandi Inc (ICFS�) ACCEPTANCE CERTIFICATE The Customer cortries that (a) the Equipurnent referrad to in the won Agmmmtho been remand, (b) irdWalm has bow completed, (c) he Equipment has had �ined by Customer errors in good opmaIN ander and condition and is. inalt respects. sar�asfackuy to he Cumimer, arl Me Equipment a indmicattly advearld by lie Customer for all purposes under tie Agreement Accordingly, Customer hereby authormars billing Under thas Agreement Signal X Printed Name fiva (it any) Data: TERMS AND CONDITIONS I.AGREEMENT: CPS lo� to Custom, MUNI [state narde or ideal suodfivismon magal of CA (Stato media] oil, IN chief execume, offlce at 78495 CALLE TAMPICO LA OU INTA RIVERSIDE CA 92253 , and Customer loom I= CFS, with its place of business at 158 Gather Orin. Sude 200, Mount Loul New Jaidery 08054. all the equipment desimped above, together mh of replaramand parts am substrutions for and addhons to all won equipment So 'Equqml upon the tons and comilons set forth in hsLaw Agr�mt('AgieanW'). The �tof orecid Payment is based on the suppluers best infinnal of to mi Ma Equipmerill Such Parraments will be adjusted upward or do�ad If the acqual total small Me Eq*�tincludng"sainume Fill Ismadowlew aim to dersomme and, Cusionver awnexass; CFSIO a4ustsuch Parmtsbytp or Iftesunperami 2. AGREEMENT PAYMENTS: Custom. agrees 10 pay in schwa IS CIS, during the tann of this Agreement, IF) he Payments Needed under %amper and Amountol PawnmW'aboI and (b) such other ariverds pemvbdhmw4ami�dbyCFS ('Parmsel and (c) an Schedule I aftrachedheri Such Payments sarecompinsed offt formani and inter"tlw� 3. AFFILIATION OF PAYMENTS: Ali Payments recrived byCFS item Customer Under ths Agrw�twil be applil to �ts due and payable hearrounder chronologically, based on Me data of CPS's change shmnontwhv*eforeach��wtar,dmng�mts�rig&m�dainmehadwnCFS,Oftdxmlm,maydm"e. 4.TERN OFAGREEMENT: The earn of this Agrommlimid oommuence, moral he Equiparmilia detrained W Cust"i prandenlCustionner.ulleaCPTAcowntance Carmalle a �.m.ptsft Equipment in specified in hisAgreerment The term of In Agreement shall end, unless soonar termmWd by CPS ofte, an event of clebeaftor under I* Facet Funding proosion, when all amounts reqxred to be paid by Custom under his Agromment him been mid a prowelsed Except as set forth heren. Customer no no niflat W ralund the Ewmw to CFS. S. NO CFSWARRAWEES: CUSTOMERACKNOWLEDGES THAT CPS IS NOT A MANUFACTURER, DEALER. OR SUPPLIER OF THE EQUIPMENT CUSTOMER AGREES THAT THE EQUIPMENT 15 LEASED 'AS IS* AM IS OF A SIZE, DESIGN AND CAPACITY SELECTED BY CUSTOMER CPS HAS MADE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OR DURABILITY OFTHE EQUIPMENT, THE ABSENCE OF ANY CLAIM OF IN FRINGEMENT OR THE LIKE. OR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILI 1Y AND FITNESS FOR A PARTICULAR PURPOSE. Any warrial Sam respect to the Egnomem! made by Me supplier. deal OIM�W IS ftPM� hei ani mort a pad of. 1,13AMearmand and Shall be farlhe bordellos CFS, Cnionner. and CFS�, pmalmemer or assignee, if my &IorgesCu3bomai3nd�brea�wddatit of InAgreerneent. CPS assigns to Ousionvid, Solely for the purposes; of malang and pro"aft a" such claim, he rights If al which CFS mWhwe agai he sumlier, dealer, Or mardurfackwer for breach of wmai or owed represeardabon respecling my item of Equipment CUSTOMER ACKNOWLEDGESAND AGREES THAT NEITHER THESUPPUER NOR ANY DEALER IS AUTHORIZED TO WANEOR ALTER ANY TERM OF WIS AGREEMENT, OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THISAGREEMENTOR THE EQUIMENTON BEHALF OF CFS 6. FISCAL FUNDING The Custonner wants But it has kinds avalable to pay Payments payable pudwant to his Agreement und the and of its ourrend apprommem perml and warrants that 9 presently mil to make Payments insactraloprolinationprinex! tam new will Me and alhsAgre�t The officarof the Cusermervesponsiblefarpremandrom of Ouslortnersannual budget shall ransuesithom its legislatinabodror kwduVa(tm*bAstobapodboCFSunduhsAgr�nt I mtmfttancing Ive making in good Win of Such requestan accordancewilin appropriate procedures and with die e�n of dammale ore arid efiligervas, such legstalve boom fianding dome, oprals funds to be paid to CFS for the EqOpmers Customer may, upon pred wriftern Face Is CFS, effective upon Ore exhoustion of Ine, Among authorsedfor he Main ourreard agapropradem period. redurn the rmpervent to CPS. at Custionvers experse arid ad mad� wil, Mis Ag�wt and liveroupon. Customer shall be released of its Obligation to make (1) the Equopment is maimed to CFS as provided form tie Agreement (2) the above dencrowl whastates Me failure of Imiliagalatres body a fundfinj ouModty to appropriate Me necessearyfunds; a Merhasonfor cancellation, add (3) suchnoice is =wp"dbypw/�tofal t:CFSul lhisAgmmmt In lhemr4OA�rre� tie Equipment p"wdbolhoW=ofttisAgmwnwitCFS"mtainalmspodbyCuoWmr Customers Paynnentabligah" underline Agr�udin arryfixial yew " conslifittate Or =Of expense Of Cusamer 10 Such fiscall Pad. and "not cardwil indelatediness ora multiple fiscal yew obligarion of Customerunder Oustarrel state constituloon, staft Inwh� nib "Iew NothngnhsAgreeffwdshdcoristbba pledge by Customer of any �S OF ""his other than as appropriated for a specific fiscal year for this Agr�rt and the Equipment T. ACCEPTANCE; DELIVERY: Customers exedmition ofthe kafforms Cordficarre. or Customers proversion to CFS of othermi confirrimmodan of its moceplarea, Of me Equipment shad conclumvely astatfifish did Me Equationownthers board dahered to and accepted by Cuslarri an purposesof this Agreement and Custom maynot for Wnw rei Mid acceptance hamedem, 0 Cuslamer has not, armed ton (10) days afbDrdOrMofImEqwpmntdek�dtoCFSmtbnnoboolany�a�pimooftt*EqjVmtspedb*Mr�NmfommdspeoficaityrefmminghsAga�tC�tomefshdlbedmmedbD �m=Wyaccsp%df*EQWPMNICFSisMol�aMOusbrmrisihel�ofteEqtdpmmtu,dwthsAgrmmtAsbeWmCFSwidCud�orly,thmAgre�CIMOmpenedearriCu�mw purchase Order in he mrally Canadair agrees towern ars, *d of spoctficpab� of tisAgmmwt and tothold CPS howerilwas tord darmagesaffor any masum Me Equipment us met defivared as ordired, done Eopmnta a ffCFS dome notexacule the Agreement Customer agreas hall my delay in doliveryof lie Equipment and notaffed he vabdily of his AgrnmwL S. LOCATION; UENS, NAMES; OFFICES: Custerner shall roi it* Equipment fron I* locartion Woolled herein excepivinth Do pror an than conswdofCFS Custmeragrees, hal keep lie Equipment t.ardclemofdcl.swdkns�dmiw"c,NW4...,.ItofhsAgrftmvt Cwtomi legal manni Set Form mis constifluentdocumments Iledvoth tho appromade governmental offive Or agency) iss9toMh"n Upwroquest. CM=wwMdelkwbDCFScffftdmsbhArddmnwft The elverfaxecurria, office of Custanteris locifilled at N address setforth hersin Cmtomerwdnotdwgeftnmea he tocaboi chrearxeculans office "in CFS has been given atiml 3D days thor wnbn Space Merl and Custaner has exhaded and delivered IS CFS such kwxkV didernents and other Instruments required a approplarn 9. USE; FINANCING STATEMENTS: Contain, shall comply with ad [m or ringulabons raising to Im, we a =�=e ofthe Equipment. Giustionner shall put the Equipment only to the we contemplated by he mainvilacturer of such Eojowt Ousiourner aluationzers, CFS (and arry, had paryiffing Form deminaled by CPS) W idecuma and fie. (a) finanal didernerats eviderming he Forest of CIFS in lie Equipment (b) contrawbon statements in respect tral mid (c) werdments (inoucal forms containing a broader description of Ine Equipownt Insion Me doscri at forth herian) and Cumstowner medicably werves any right to none thereof CFS-1qSs(oa%oj SEE REVERSE SIDE FOR AMWNAL TERMS AND CONDITIONS 206 10. INDEMNITY: li.ovimmm CIS for and to defend Isms a inquiry caused by has EqupmenL The Sector shall nes when newred 1. MUS3011", performancei a Agreement, CFS Mal mism N n allsudipaymentsirackplemad, remilburse CPS for lie emmas a Agreement Payments shall be ciscounted A 6% Par year Custer for anylossor damage undo anysuchnsumence, policy gwitini duty, 0 obtan insurance with mWed to lie Equipmentledwadbin neumonce obtained under INS Agrawwrt For as long a mithe, C period It LOSS DARAGE: CLatomer assumers; and shal box Ihe rim SALES, payable CFS� OF 365, TO REIMBURSE CPS FOR ITS ADMINISTRATIVE AND iald*murtimtmwolhffffii&�OfMwCetDCFS The irweamisofsuchinsurami IN option ofCFS, 09 beapplied Is (a) *'For purposes offers Agreeffork ft 'Remaning Lem Balarm' and be the win at (1) al amounts Im wed byCuskmeer to CFS full Nunn of he Agrammint plus (m) my applicable amis, maximum, charges and fen. For purposes of determining present value under his appoints C FS as Cus1wme3 desi in�liii to make dam for. recm payment of, and enscut, and endorse all doccurnemak check s. or "Its a arks CFS� ramuest. Customer Ids Is delkner satisfactory evidence of such hisurance to C FS. than CFS shall have fie flahl. bud not Ili a pment man any causewhalsoner, effectrie Upon dalwerylis Custom Nosuchloss,heaftordamengeshall ��BhalkrdnedwblyFeparmchdwropWOAW,esexpeme Karr/ item of Equipmem is low. mitimaccedbon =apt" as CIFSeralconvey dew Iffla to such6quWavilloCIFS (suchequipreralvid Upon CFSs recept of IN Remaining Lima Boleros, Customer shal be anbled to whatever rdemstCFS if. DEFAULT: Anyof If* following events a conditions shall constitute an Eventof0daulturder thisAgreament (a) f0usharm, dfauft in Palmeri when due owynclebteckins of Custwowr to CPS, whether or IDAIowmariyC�mbrbw�mdvmtwmakesm assignment for to being otcrenfiers, (d) If a pettem, of proceeding is filed by or against Custom or any Guarantor under ary lvrlkruplc�y or andsolvency law; (a) 0 a recerwar "in, consenalor. or ligialake is apparent for Cudni my Guarantor. or any d Customers pmperty. (1) it any shimunnerR representabon a vaimanty, make by Quatormar a any Guarantor to CPS a mcorrect in any mamal respect or (9) dCunflonwar or any Guarantor ddeds undo my Rim a credit agmernant. or (h) 1 Customer a any Guaramr who a a went person des, 18. ASSIGNMENT: CUSTOMER SHALL NOTASSIGN OR PLEDGE THISAGREEMENT IN WHOLE ORIN PART, NOR SHALL CUSTOMER SUBLETOR LEND ANY ITEM OF EQUIPMENT WITHOUT THE PRIOR WRITTEN CONSENT OF CFS CIFSmaypledgeorthansfertImAgreernem TCFS Iransfers #,a agreement, CFS shall win Cusbmner� agentfor purposes of keepng a written recod ofsuch transfer in amordance with Section 149(a) dire internal Reverue Code ofI986. as amervI4 arid utionCustomerrequest CFSshA delver Me newowWs name to Custom Oisto�agreolhatifCFSbd..�LshsAgrftmentftmw "ner we ban Ine same rights and benefits, tie[ CFS has now and will nothave to perform my GfCFS!s obligabons CwW"rapnfttNO"offtmwownwMlnotbesubledtoaWcl*ns�"ms,m sel-offsItatCushmir mxyhmagwnsiCFS, indukingvolout Imitation, dams. defenses, orseeoffs ming � ofsermobligatims.dary, umfier ft Agreement, f[Curborner a gvennom alary su,h "Near, 11.RETURN IfCustomw lemmates he him ofarryttenn ofEqupwantasdescifeed in the Fiscal Fun" prunsonhemcf, Cus� shallfaturn suchEquipmentat its sole cost andevipense ingoodoperaling .�lon,adnarywew"wwr�b�gfmmprwwummepM,toa��specii0byCFS.11forarrimmn�r�IlMdbreUniheEqu4)meMtoGF$nprmde4�NsAgrftmM�uMdP3Y bCFgupnde�ombdlxVpenodsPoWwtfaewhWiffigponoda"mtwedtialm�&lh"is"ayw 20.OWNERSHPOFEQLAPMENT Fa�itmalFqLmp�,upn�tin*AofAPwiffmftaMalw�dmLndwhkAgmmwtatft&-ddihesdwdjlodtwm,CFS�ntyinwmts�IM claimed mkiesed and Customershad beenikdtostgeWmkregCFSmayhminmOilmnofEqAW4K wdudinglitle to sichEqupmK inds maircordbon and location, %iftulwarrardes ofarillund 21 WARRAKTYOF BUSINESS PURPOSE- Customerrepwants and warrants met ft Equipmandvoill notbe used for persanal, famay. or household purposes. 22. PERSONAL PROPERTY. The Equament shal remain personal pro" regardless ofwheffraar it becomess afted toneal property a pamnamenly tests upon any real property or my improvement to real property 23. IIIIAXIISUIII INTEREST; RECHARACTERIZED AGREEMENT: No Payment is indended to eneed the masunurn, amount of time pince ciffirmial or witeresL as spolmess, parmifted to be charged or collected by applXable laws, and ary such am" Payment " be applied N paymonts, dw under his Agreement in mverse order of maturity, and! Invanaftear shall W wkwdedL I I N3 Agreement is rechavaidarizeal as a owndboral sale a loar, Customer name, giants be CFS. its successom and assign, a sectuily interest in he Equipment to secure payment and perhormance of Cusbnei obligations under hs Agreement 24.UCC-ARTICLFIA CUSTOMER ACKNOINUEDGESAND AGREES THAT THIS AGREEMENT 13 INTENDED AS A -FINANCE LEASEAS NAT TERM IS DEFNED IN ARTICLE 2AOF THE UNIFORM COMMERCIAL CODE AND THAT CFS IS ENTITLED TO ALL BENEFITS, PRMLEGES, AND PROTECTIONS OF ALESSOR UNDER A FINANCELEASE 26. WAIVER OF OFFSET. 1NsAgreementis a net Ism. Ifthe Equipmentis not prop" mstni does hot operate a represented orwxm*d, a is unalislactury forany nuesion. Custuarmir mall mks such dan set* against the suliplier. dealer, ormilinufachuner. Customer waivas my and d wasting and entire dams arid oftels against ary Parasite ow other charges due undker gas Agreement, and uncomilonallyagrees to DW=hP��mdohff�ms.mawdmsof�m�Awdwwlvch=vW�tedbvCust�rwmitsWhaff I sudderit d delivered Penwrally send we fzslmfle� a maded to suchparly at the address ad forth in IhmAgrearmank or atsuch othaw hmCFSL,CLrA�"beeff&cWetiroodaysaftdhnbmdopntodmftml,dUyaftmW.AUnoknbCFSfmmC�bma facsimile machine that (a) Customer is a side at a Police! suldrimmor or apency of a Ads, ge) Not entering into and parlermance of year Agreement is , a conlradict arnmudarmink law, order, or regulation. or cause any default under m agreement to Wtvch Customer is party and (c) Custkxw has *omplewl wilin ary bulding regunmems ancl, Owe Necessary, has propert, prowled this Agreement for Wpromd and adoption as a valid cblugaban car Customers part Upon request, Customer agrees to cards CIS will an opinion Of counsd a to dam$ (a) through (c) alibi an Incumbency markets. and other dDaumerift end CFS may request, van ad such documards being in a form satisfactory as CPS 211. FACSM� ACCEPTANCE: Customer agrees M CFS may accept a facamile omy of this Agreement a any Acap�e Cwlkab as an original, and met fliesmide copies 0 C�� signature, will be treated 29 NOWINJUVER: No never of any offOusbowesobliffalionscondlions, or covinalssnalles a ardrigsimed! by CFS Faideare to nermarrymmadywhichCF9maymansednot constitute a w~ of any obligation with respect to which Custom ism delauk 30. HISCELLANEOIJS: 0 ftmishouldbe morefian Customer, 90 obligaticams lobe perlormad byOustomassmal be genartand several fialbaby old suchparlies The %awarded, andcoverwasunder lNsAgremmIdW� med0very and return uffm EqVmmL Any provesion afthis Agreement whicin maybe determined! by cornimlent surthalb, to be promehadar unenforceable in my jurisdiction shall, as to such pundcon, be mellechn, is me nuint of such prothiloram of unwiforceateelywitherut evakdatrag due remaining provisons of he Agrecirrient Nowd, pmtbbmoruwftoeabihoinaMM36cimshalirAWd*xrmderuwd�ablsmhp�minmyot*rjws(kbm. CoWmapalha[CFSmaynnfimsmgnf6rmabm%=Ktotiambwlmnm hsAgrawnent educing the Equpmwn descripliken, senal number, and kcamn, against this Agreement contans Ithe ends arrangenernbehmen Custmeer and CFS and no madifficalbonsofthis Agmemendshall In massive uness in whing aml mammal by in, peries III. GOVERNMEWr USE: Customer agrees that (a) Customer wal comply van ad information reporting rectuirenrawnts of tie Inkmad Reviarma, Code of I SNI a amended, inducing put not ended to tie awoutim amid ddiveri, Is CFS of information remorma statements mounted In, CFS. flat Gumbiner will not do. cause to be done. or fail Is do " act 1 such act ad ciadew he interest warlon of lie Payments to be a to becorm subw 32. CFS-1045(060) PWPOW3 Uponrequ4 OuslDmeragrews IDpmwwCFSwdlhan essimmiduselebrin atom satnfiwtsmIoCFSas ID clause(c) above EEMENT HAS BEEN EXECUTED BY CFS IN. AND SHALL FOR ALL PURPOSES BE DEEMED ACONTRACT ENTERED INTO IN. THE STATE INITIAL - 207 a C&V/ ot 4 a" COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Adoption of a Resolution of the City Council in Support of State Funding for New Judicial Positions Allocated for 2007/2008 and 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution of the City Council in support of state funding for new judicial positions allocated for 2007/2008 and 2008/2009. FISCAL IMPLICATIONS: Orem CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In a letter dated April 1, 2008, Rod Pacheco, District Attorney County of Riverside, requested support of his office's pursuit to achieve full funding for additional judicial officers to serve in Riverside County (Attachment 1). He stated Riverside County has seventy-six (76) judicial officers. State Court figures based on population and caseload suggest our county needs one hundred and thirty-three (133). The County was on track to receive additional judicial officers but the funding allocations for 2007/2008 and 2008/2009 are at risk. Some of the problems lack of judicial resources creates are: • Riverside County courts continue to dismiss felony and misdemeanor cases; • Last minute trial assignments to any court in our county continue to cause a negative impact on victims who must travel over fifty miles to testify; em • Last minute criminal assignments to courts in the county create a reduction in law enforcement negatively impacting the safety of the citizens; • Civil cases have been almost completely stopped to work on criminal cases; • Citizens resolving civil disputes do not have full access to any judicial forum; • Caseload in Riverside County is high and the backlog of civil and criminal cases is substantial. Resolutions in support of state funding for new judicial positions have already been adopted by eighteen cities in Riverside County, three various Chambers of Commerce, two Bar Associations (Riverside and Desert) and the Board of Supervisors . FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a resolution of the City Council in support of state funding for new judicial positions allocated for 2007/2008 and 2008/2009; or 2. Do not adopt a resolution of the City Council in support of state funding for new judicial positions allocated for 2007/2008 and 2008/2009; or 3. Provide staff with alternative direction, Respectfully submitted, 11)7�-Aaxz Bret M. Plumlee, Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachment 1. Letter from Rod Pacheco District Attorney County of Riverside dated April 1, 2008 209 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF STATE FUNDING FOR NEW JUDICIAL POSITIONS ALLOCATED FOR 2007/2008 AND 2008/2009. WHEREAS, the City Council approved adopting a resolution in support of state funding for new judicial positions allocated for 2007/2008 and 2008/2009; and WHEREAS, Riverside County has seventy-six (76) judicial officers but State Court figures based on population and caseload suggest our county needs one hundred and thirty-three (133). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Support of state finding for new judicial positions allocated for 2007/2008 and 2008/2009. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 201h day of May 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California 2 10 Resolution No. 2008- State funding for new judicial positions Adopted: May 20, 2008 Page 2 ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 211 ROD PACHECO DISTRICT ATTORNEY COUNTY OF RIVERSIDE April 1, 2008 City of La Quinta Donald Adolph 78-495 Calle Tampico La Quinta, CA 92253 RE: Full Access to Our Courts Dear Mayor Adolph, Attachment 1 4 20 CM O,C,6'k/ I, as District Attorney for the County of Riverside write to ask you to support a resolution drafted and signed by your Council supporting our office's pursuit to achieve full funding for additional judicial officers to serve Riverside County. I ask that you forward that resolution to me. I will include it with my letter to State Senators Denise Ducheny and Bob Dutton, Chair and Vice -chair of the Senate Budget Committee and with my letter to Governor Schwarzenegger. Riverside County has seventy-six (76) judicial officers. State Court figures based on population and caseload suggest our county needs one hundred and thirty-three (133). TheCountywason track to receive additional judicial officers but the funding allocations for 2007/2008 and 2008/2009 are at risk. The lack ofjudicial resources creates problems that are clear: the Riverside County courts continue to dismiss felony and misdemeanor cases, unprecedented in any other part of our state; e last minute trial assignments to any court in the various geographical comers of our county continue to cause a negative impact on victims who must travel over fifty (50) miles to testify making them feel even more like a victim; last minute criminal trial assignments to any court in the various geographical comers of our county create a reduction in law enforcement in each community negatively impacting the safety of our citizens; civil cases have been almost completely stopped as the civil courts have worked to address the criminal cases; 4075 MAIN STREET - RIVERSIDE, CA 92501 2 12 951-9515-5400 Full'Access to Our Courts Page 2 citizens attempting to resolve civil disputes do not have full access to any judicial forum in this county; the caseload in Riverside County is so high and the backlog of civil and criminal cases is so substantial, it cannot be fixed by providing additional short-term resources as the State has done since August, 2007. Our County needs the support of the State in fitinding the additional positions allocated in the State's budget of 2007/2008 and 2008/2009. If I could receive your resolution of support by May 5, 2008, 1 will include it as part of this effort on behalf of all of the citizens of Riverside County. They deserve appropriate resources for their judicial system so criminals can be held accountable, the innocent can be discharged, and civil disputes can be resolved. In spite of economic times good or bad the foundation of law and order, and our very society, must be maintained. I look forward to your considerable efforts. Very truly yours, ROD PACHECO District Attorney "ISFS/bkc 213 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Acceptance of Bob Hope Chrysler Classic Player Spots and Entry Passes RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 STUDY SESSION: PUBLIC HEARING: Accept the reservation of ten Player Spots each year for the Bob Hope Chrysler Classic and allow staff to promote the Player Spots and distribute entry passes for the tournament at SilverRock Resort. FISCAL IMPLICATIONS: Ball Sponsor spots (Player Spots) for the Bob Hope Chrysler Classic cost $12,000 each. Each selected player will pay the Bob Hope Chrysler Classic directly for the player spot and must comply with all other player criteria. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On January 16, 2007, the City Council approved an amended ten-year Use Agreement between Desert Classic Charities (Bob Hope Chrysler Classic) and the City of La Quinta, designating the SilverRock Resort 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 each year reserve ten Player Spots and receive one thousand tournament entry passes. The ten Player Spots cost $12,000 for each player in the tournament who meets the standard eligibility requirements. The contract specifies these spots be reserved by October 1 " of each year. With City Council approval, staff will annually reserve and promote this opportunity to the residents of La Quinta. The individuals who are 21 selected will be responsible for paying the sponsorship cost ($12,000) directly to the Bob Hope Chrysler Classic. It is anticipated the opportunity for Player Spots will be advertised in local publications and flyers placed at SilverRock Resort, other golf courses in La Quinta, and on the City's website. Residents, local property owners, and business owners are eligible for the Player Spots with preference being given to residents. The spots will be available on a first come first serve basis. The Bob Hope Chrysler Classic will validate the selected players' eligibility, which includes a handicap no higher than 18. Participation as a Player Spot includes: Four days of Pro -Am play; Three days of practice rounds; Registration gifts; Special commemorative sponsor gifts; Two complimentary invitations to the Bob Hope Celebrity Ball; Two complimentary invitations to the Pairings Party; Two complimentary invitations to the Classic Celebration Party; Four guest passes for the entire tournament Tuesday through Sunday; and $9,000 of the sponsorship is tax deductible. The amended Use Agreement between Desert Classic Charities (Bob Hope Chrysler Classic) and the City of La Quinta, provides one thousand passes to watch the tournament play at SilverRock Resort only. With City Council approval, the passes will be distributed annually thru the SilverRock Clubhouse. Preference for the passes will be given to residents with a La Quinta Resident Card. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Accept the reservation of ten Player Spots each year for the Bob Hope Chrysler Classic and allow staff to promote the Player Spots and distribute entry passes for the tournament at SilverRock Resort; or 2. Accept the reservation of a lesser number of Player Spots each year for the Bob Hope Chrysler Classic and allow staff to promote the Player Spots and distribute entry passes for the tournament at SilverRock Resort; or 3. Do not accept the reservation of Player Spots each year for the Bob Hope Chrysler Classic and allow staff to promote the Player Spots and distribute entry passes for the tournament at SilverRock Resort; or 2 IL 5 4. Provide staff with alternative direction. Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: �/ novese, City Manager 216 LO, 0 . F COUNCILIRDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of City of La Quinta Marketing Plan for Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a City of La Quinta Marketing Plan for Fiscal Year 2008/2009. FISCAL IMPLICATIONS: None associated with this action. The City Council is being asked to consider approval of a City of La Quinta Marketing Plan for Fiscal Year 2008/2009 ("Plan") as a strategic planning document and as a guide for the City's comprehensive marketing efforts during the upcoming fiscal year. Implementation of the proposed Plan has financial implications of up to $1,131,200, which represents the estimated cost of implementing the marketing programs included therein. The marketing component breakdown is as follows: Tourism/Hospitality $329,000 Business Development $166,800 Public Communications $171,000 SilverRock Resort $271,000 Community Services $193,400 All marketing cost estimates will be reviewed and further refined as part of the City's annual budget process and contract for services process. 2 JL CHARTER CITY IMPLICATIONS: The City Charter allows the City "to utilize revenues from the general fund to encourage, support and promote economic development." The City's Marketing Plan is a key tool in promoting and supporting economic development in the City. BACKGROUND AND OVERVIEW: Over the last several months, the City Council has considered various components of the strategic planning process which are proposed for implementation in Fiscal Year 2008/2009. Of those components, a number have contained a marketing element or have been of marketing nature. Below is a list of what Council has considered to date in relation to marketing: Economic Development Plan (Business Development component) City Marketing Plan Strategies (Tourism/Hospitality & Public Communications components) Landmark Annual Plan (Golf Course Marketing Plan) Community Services Commission Work Plan (Community Services Marketing Plan) Cooperative Marketing Strategy between City and Lowe March 18, 2008 (study session) April 15, 2008 (adoption of plan) April 1, 2008 (study session) April 15, 2008 (study session) April 15, 2008 (approval) April 15, 2008 (approval) May 6, 2008 (approval) Staff has worked with its marketing partners and Kiner Communications on consolidating the aforementioned marketing efforts to develop one comprehensive document. The proposed City of La Quinta Marketing Plan for Fiscal Year 2008/2009 is provided as Attachment 1. It contains five components: Tourism/Hospitality, Business Development, Public Communications, SilverRock Resort, and Community Services. Similar to the City's Economic Development Plan, the City Marketing Plan has been developed as an "umbrella" document in an effort to identify marketing programs the City plans to undertake during the upcoming fiscal year. It has also been refreshed to complement the Economic Development Plan in terms of graphic treatment and format. In keeping with last year's process, staff is recommending that Council approve the narrative Plan at this time. If approved, staff will develop an operating budget in conjunction with the City's Fiscal Year 2008/2009 budget process for the Business 218 Development, Tourism/Hospitality, and Public Communications components. The associated professional services contract in connection with golf operations is in place with Landmark Golf Management, while the marketing services contract with Kiner Communications has been approved for an extension and will brought forward on July 1, 2008. The table below provides pertinent information on each of the five marketing components included within the Plan: Marketing Managing Responsible for Budget Supporting Council Budget Component Departmentis) ImElementation Estimate Accounts Consideration Tourism/Hospitality Development Professional $329,000 Development Professional Services marketing Services marketing consultant/ contract/normal City staff budget process Business Development Professional $166,800* Development Professional Development Services marketing Services/ marketing consultant/ Redevelopment contract/normal City staff budget process Public Development Professional --j-171,000 Development Professional Communications Services marketing Services marketing consultant/ contract/normal City staff budget process SilverRock Resort: Community Golf operator/ $271,000 Enterprise Fund/ Golf operator Golf & Services/ Lowe Destination Development contract/normal Resort Master Development Development/ Services budget process Brand Services City staff Community Community City staff/ $193,400-' Community Normal budget Services Services LQ Arts Services process Foundation I *Not including La Quints Chamber of Commerce contract. **Includes $100,000 for promotion of City of La Quints via La Quints Arts Foundation. The City's Marketing Plan is an ever -evolving document that is reviewed and enhanced every year. Staff endeavors to make the Plan as comprehensive as possible. Hence, new components and programs have been added each year. Last year, the City's Marketing Plan had financial implications of over $640,000; this year, the investment highlighted amounts to over $ 1,100,000. The increase is partly due to a new component, "Business Development." This component is part of the Economic Development Plan and, for the first time, is being included in the City's Marketing Plan due to its connection to business support. Therefore, cost items such as a shopping map, business directory, focused market study, and cooperative advertising with Village businesses have been added to the overall City Marketing Plan budget. New marketing items within the Tourism/Hospitality component have also resulted in an increase to the total marketing budget. These items include: Local television, a tourism website, a "Things To Do in La Quinta" brochure, and an airport baggage claim ad. Lastly, staff has added a variety of Community Services efforts including special events, Village banners, and promotional activities related to the Senior Center, Library, and Museum. The 219 Community Services marketing budget also includes the $100,000 contained in the proposed budget for the La Quinta Arts Foundation for promotion of the City of La Quinta. In fulfilling various items under the Tourism/Hospitality, Business Development, and Public Communications components, staff will be seeking the assistance of a professional marketing firm. On January 15, 2008, the City Council considered a contract extension with Kiner Communications for professional marketing services. Council authorized staff to negotiate a contract with Kiner Communications for the upcoming fiscal year. Staff is currently negotiating and refining the contract. Due to budget considerations (i.e., in an effort to maintain the contract sum similar to last year's amount), staff will be recommending that the SunLine Transit Agency bus wrap ad not be funded this upcoming fiscal year. A full report will be provided on Kiner Communication's proposed scope of work and budget on July 1, 2008. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a City of La Quinta Marketing Plan for Fiscal Year 2008/2009; or 2. Do not approve a City of La Quinta Marketing Plan for Fiscal Year 2008/2009; or 3. Provide staff with alternative direction. Respectfully submitted, — /)9stqz;� Douglas R. EIvans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. City of La Quinta Marketing Plan for Fiscal Year 2008/2009 2 420 ATTACHMENT I IN, �0 Al R E FO RY is AW, City of La Quinta Marketing Plan Fiscal Year 2008-2009 Every year, the City of La Quima implements a comprehensive marketing plan with the goal of promoting La Quinta as a great place to: Stay + Play + Shop + Dine + Live The City of La Quinta Marketing Plan for Fiscal Year 2008-2009 contains specific objectives and iden- tifies the numerous marketing efforts the City plans to undertake during the fiscal year. The Plan sets out to accomplish the following: Increase awareness of La Quinta as a tourism destination; promote business development and support La Quinta businesses; build brand recognition for SilverRock Resort, the City's resort destination, as well as promote golf play and dining at the Arnold Palmer Classic Course at SilverRock; communicate with residents and keep them informed of important City news and programs; and promote community services activities and special events, which enhance the quality of life in La Quinta. TOURISM/HOSPITALITY OBJECTIVES: Attract more visitors to stay in La Quinta hotels as well as shop and dine in La Quinta. Increase tenant occupancy tax and sales tax revenuefor the General Fund and, ultimately, for enhanced municipal services. Local & Regional Television — A local broadcast schedule is proposed for 2008-2009 in order to capture visitors already in the Coachella Valley. The television spots will air during high "tourist" periods via local commercials on national networks like the Golf Channel, A&E and CNN. A local channel schedule will also be considered (e.g., KMIR, KESQ, CBS2). The City will consider running the City'sJourney TV 30-second spot which is "tagged" and refers viewers tojourney TV for more information on La Quinta In addition, La Quinta's 30-second spots will air in Southern California's drive in markets (e.g., Los Angeles, Orange County, San Diego). A Canadian market such as Vancouver or Calgary will be explored. I/ Cooperative Program with La Quinta Hotels —Participate in journey TV (Time Warner Cable's travel on demand channel) with La Quinta hotels. Look into expanding the cooperative program to include print advertising. Explore publications such as LA Confidential and regional distribution of national publications such as Business Week, Fortune, Forbes, Travel + Leisure, and Food & Wine. %4' Bob Hope Chrysler Classic Advertising — Explore an ad in the "Pairings Sheet" in 2008-2009 rather than the souvenir program guide. 222 V Travel/Tourism Website — Create a "PlayLaQuinta.com" website geared toward tourists and visitors. Television and print advertising will have a better "call to action" given visitors will know where to stay, where to dine, where to shop, and all there is to do in La Quinta. The City shall explore purchasing targeted lists and send e-blasLs to drive traffic to the website. The City shall also explore increasing the pay -per -click advertising budget to drive visitor traffic to the site. v�' Community Calendarr'Things To Do in La Quinta" Brochure — Working with the La Quinta Marketing Committee, produce a fun and creative brochure that lists key La Quinta community events and amenities offered throughout the year. Make the brochure available at La Quinta hotels, the Visitor's Center, and SilverRock Resort in an effort to keep visitors in La Quinta by informing them of all the exciting events and recreational opportunities La Quinta has to offer. V Airport Baggage Claim Ad — This will be an over -sized, back lit display ad located on a wall near the baggage claim area at the Palm Springs International Airport. When people arrive at the airport, signage and ads located throughout the airport provide them with information on what there is to do in the Coachella Valley. The airport will be a good place to showcase La Quinta — invite visitors to nearby La Quinta — via beautiful photography and promoting shopping, dining, and a variety of things to do. Bus Wrap Ad — Explore a SunLine Transit Agency bus wrap advertisement. it would be powerful to wrap a bus on a route in another part of the Valley with a beautiful, dramatic SilverRock shot on one side, Village shopping on the other, and a message such as: "Follow me to La Quinta — the Gem of the Desert." A route can be selected, and the Highway 111 route that runs throughout the Valley is the route that is recommended. CVA Cooperative Advertising — Continue to leverage marketing dollars via cooperative marketing opportunities the Palm Springs Desert Resort Communities Convention and Visitors Authority extends to member cities in the Valley (i.e., State Visitors Guide; special destination features in National Geographic Traveler, Travel + Leisure, and Food & Wine; and the airline service campaign). PUBLIC COMMUNICATIONS OBJECTIVES: Communicate with residents and inform them of important City news and events. Reach out to local and regional media and secure positive coveragefor La Quinta. V La Quinta City Report — Issue quarterly newsletters to La Quinta residents with information on City projects, programs, and events. 4' City Calendar — Produce 2009 City Calendar which serves as a gift for residents, a communications instrument, and a marketing collateral piece. 223 Palm Springs Life Advertorial — Participate in the annual "Coachella Valley Cities" progress issue (October 2008), which highlights La Quinta projects, programs, and demographics via editorial content and photography Public Relations — Issue press releases on new projects/programs, special events, and important news; and work with the media on positive coverage for La Quinta. Promote the City's commitment to "going green." Inform residents of energy and water conservation programs offered by the City's green partners such as the Coachella Valley Water District, Imperial Irrigation District, and Burrtec and encourage their participation. City of La Quinta Website — Promote news, events, and programs via the City of La Quinta website (www.la-quinta.org). Post information and material produced via the City of La Quinta Marketing Plan on the City's website for maximum exposure (e.g., City Calendar, City Report newsletter, press releases). BUSINESS DEVELOPMENT OBJECTIVES: Support existing La Quinta businesses through a variety of economic development and marketing efforts and attract more Valley residents to shop, dine, and play in La Quinta. v1 Chamber of Commerce — Continue to work with the La Quinta Chamber of Commerce on business retention efforts and business support services. Continue to produce the City Scene pages of The Gem, which is the Chamber's monthly news publication that is mailed to La Quinta residents and Chamber members. Trade Conferences — Maintain a presence at the International Council of Shopping Centers (ICSQ Western Division Conference & Deal Making (in San Diego) with a booth to communicate business opportunities in La Quinta. Continue participation in BizNet, which is a trade show and symposium hosted locally by the La Quinta, Indio, and Coachella Chambers of Commerce. Shop/Dine & "Come to La Quinta" Spring Advertising Campaign — Produce ads for The Desert Sun, La Quinta Sun, and Desert Entertainer promoting spring events in La Quinta — using an over- all shopping and dining theme. 224 Cooperative Advertising with Village Businesses — Develop a cooperative advertising campaign centered on major events in the Valley, i.e., Pacific Life Open, the Skins Game, and the HITS event series at the Empire Polo Grounds. These major events occur near La Quinta and attract visitors who may not be familiar with the desert and are not likely to find the La Quinta. Village — which is just minutes away! Reach out to Village shops and restaurants on a cooperative advertising campaign to reach these visitors at strategic times of the year. The City shall develop a program whereby Village businesses pay to participate— not with their own ad, but their logo and a sentence about what makes them unique, along with their phone number and website. Advertising efforts will include event program guides, on -site signage/advertising, and print ads in event supplements produced by The Desert Sun and Desert Entertainer. V Shopping Map & Business Directory — Create a shopping map to distribute at key locations such as La Quinta hotels, the Visitor's Center, and SilverRock Resort as well as explore an electronic version for the Citys websiLe. Create a customer -friendly business directory for the City's website that will provide users a quick and easy way to learn about where they can shop and dine in La Quinta. Market Study — Commission a market study with a focus on "future trends" in order to gain insight on the next generation of consumers and attract suitable businesses to La Quinta. Cooperative Marketing Programs — Explore cooperative programs with regional organizations such as the Coachella Valley Economic Partnership and Riverside County (trade shows and advertising opportunities). V Village Area Promotion — Continue efforts to attract residents and visitors to the La Quinta Village area via events, banners, and signage. SILVERROCK RESORT OBJECTIVES: Increase golf play at the Arnold Palmer Classic Course, Promote it as a premier golf course in the Coachella Valley and increase golf and golf -related revenues. Promote SilverRock Resort as a high -end resort destination and initiate efforts to create a master brandfor all SilverRock components. Golf Operations Advertising& Promotions —Advertising and promotions are targeted to La Quinta residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. o Newspaper — Ads shall be placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Special promotions are designed, as needed by season, and placed in the various print advertisements. 225 Magazines and Directories — Consists of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Television & Radio — SilverRocles 30-second golf commercial will be updated and will air on all three local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner Cable stations. Local radio will involve 30-second spots for specific promotions. Billboard Advertising — Reinforces other ad programs and catches the attention of those who may not see other types of ads. The program involves a rotating billboard; every two months the location changes within the Valley The billboard ad is 10,6 feet tall and 36 feet wide. The billboard graphic design will be updated so that the SilverRock information (tee times, website, phone number, etc.) is easier to read. .1 Collateral Material — Rack cards, scorecards, and information packets on SilverRock Resort are used as marketing tools. An emphasis will be placed on SilverRocles participation in the Bob Hope Chrysler Classic, Printed material will be produced, as needed, to promote SilverRock Resort as a "Home Course of the Bob Hope Chrysler Classic." Civic/Community Networking & Tradeshows — SilverRock Resort is positioned as a community - friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related businesses. Internet Websites & E-mail Marketing — A benefit of memberships in selected local chambers of commerce and the Convention and Visitors Authority provides access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident Card renewal process. This e-mail database is used to send e-mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. junior Golf — SilverRock will continue to support local junior Golf by offering various Summer junior Camps, junior Rates and being a host course for the La Quinta High School Boys Golf Team. Tournaments & Group Outings — A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large amount of outside play and is vital to SilverRocks success. 2 2) Resort Master Brand V Main Website — Currently, two SilverRock websites exist: www.SilverRock.org (golf) and www.mySilverRock.com (Lowe; La Solana). A common, effective approach employed by multi -faceted resorts like SilverRock Resort is the development of a single website or "Portal" that provides easy access to information about the resort and each component. Thus, www.mySilverRock.com is proposed to serve as the web portal for SilverRock Resort. The existing golf website will be a prominent component (link) during the first year, and will undergo rebuilding and full integration in Fiscal Year 2009-2010. V Perimeter Site Signage — The new SilverRock signs and new La Solana signs on the perimeter of the site are consistent in look and feel. The SilverRock signs will be updated to display the www.mySilverRock.com website. V Interior Site Signage — The existing locator signs that identify the future resort components will be replaced with new signs that display the wwwmySilverRock.com website. These signs will convey new information about the coming resort components (e.g.,Jacobsen/Hardy golf course, clubhouse rendering). Ranch House Displays —With 40,000+ rounds per year, the Ranch House provides an ideal venue for promoting the resort, Lowe Destination Development is creating an entry display/information board between the golf shop and restaurant. other opportunities include restaurant and pro shop displays. Promotional Materials & Ads — Ads and collateral material will be updated to reflect the main website address (www.mySilverRock.com). Landmark and Lowe will begin this transition in Fiscal Year 2008-2009. Public Relations — An updated brand identity campaign creates excellent public relations (PR) opportunities. A PR campaign will be executed via existing resources. 227 COMMUNITY SERVICES Special Events/Recreation Programming/Senior Center OBJECTIVE: Increase public awareness and participation in City -sponsored special events and recreation programs. Special Events — Continue to organize special acknowledgement events such as Pillars of the Community Distinguished Artists of La Quinta, and ceremonies honoring La Quinta veterans and sports figures. Continue to organize events for residents to enjoy and events that draw people to the La Quinta Village such as the City Picnic and Open Air Cinema (movies in the park). Develop youth events in the north section of La Quinta and continue events such as the Easter Egg Hunt, National Night out, and the La Quinta Youth Festival. Activities Brochure — A complete listing of all recreation programs, facilities and special events are listed in the activities brochure mailed to all households in La Quinta three times annually City Website & Monthly E-mail Blasts — Place all City special events and recreation programs on the website and create opportunities for participants to register for these activities on-line. Provide monthly updates to the households that register for programs and activities on the website. Cooperative Promotion with La Quinta Arts Foundation & Other Local Non -profits — Work closely with the La Quinta Arts Foundation on promoting the City of La Quinta; coordinate La Quinta's exposure via the City's financial commitment to the Arts Foundation and its activities. Work with groups including the Friends of the Senior Center, Friends of the Library, La Quinta Historical Society, Friends of the Desert Mountains, Boys & Girls Club, and other non -profits to promote programs and events through the distribution of information. �/ Postcards — Postcards are developed and distributed to La Quima households three times annually promoting special events and excursions. V Cove Website & Daily E-mail Messages — Information is provided to the Cove website on City events and programs. The Cove website also provides a daily e-mail that has timely promotion of events and web -casts of the happenings or items of interest to Cove residents. Gem & City Report — Submit information that highlights special events, excursions and new programs for inclusion in the Gem (City pages) and the City Report (quarterly newsletter) to promote to all households in the City. V Flyers — Flyers are distributed at City facilities including Library, Senior Center and Museum as well as the Boys & Girls Club, La Quinta Community Center, YMCA and local businesses. V Press Releases to Local Newspapers & Event Calendars — Promote special events and programs to daily newspapers and place them in the event calendars. 2 2 8 FACILITY RENTALS OBJECTIVE: Promote awareness of the City facilities available for rent and increase community use for meetings and events. Facility Rental Software — This software has been installed so that potential facility renters can view availability of La Quinta facilities and available amenities. This information, in addition to the information available on the website, provides facility renters an opportunity to learn more about the rentals prior to their visit to City Hall. V Activities Guide — Information is placed in the activities guide indicating available rental locations. V Facility Brochure — Create and distribute a facility rental brochure that advertises City parks and facilities available for rent. LIBRARY SERVICES OBJECTIVE: Provide information to residents about the La Quinta Public Library as well as its expanded new services andfacilities. V City Website & Riverside County Library Services Website — Information regarding the Library including hours of operation and programs are located on the City website. In addition, the City is linked to the Riverside County Library System so that residents can request books and educational materials that may not be available at the La Quinta Library Design New Bookmarks — New books marks with hours of operations and pertinent information will be distributed to the community. �/ Promote Book Sales — Friends of the Library provide an annual book sale and manage the book purchase program in the Library, V Day of the Child/Dia de los Nifios — This special event focuses on the importance of family reading and its long term benefits. ,( Class Visits from Schools — Encourage teachers to schedule a class visit for their students at the La Quinta Library. 11 Use of the Library Data Bases — Provide instruction to teachers on the uses of the Library databases for the use of reference materials and other research uses. 2 2 9 LA QUINTA MUSEUM OBJECTIVE: Provide information and promotional materials to residents regarding the operating hours, exhibits, and programs offered at the La Quinta Museum. V Feature Articles about the La Quinta Museum — Articles about the new facility and its programs will be featured in La Quinta Sun, The Desert Sun, and LQ Magazine. V Program Cards — Develop and distribute program cards identifying programs for next season. Cooperative Programming with La Quinta Historical Society & La Quinta Arts Foundation — Programs and events will be co -sponsored with these non -profits to provide education on history and culture. V Feature Articles & Web Casts on the Historic Mural — The local artist, Andre Blanchet, is working on the installation of the historical mural that is in the La Quinta Museum. This mural is a focal point of the history of the City. 230 T4hf 4 4 a" COUNCIL/RDA MEETING DATE: Mav 20, 2008 ITEM TITLE: Approval of an Assignment and Assumption Agreement by and Between CP Development La Quinta, LLC, and Huy Vu (Hibachi Restaurant) for Property Located at the Southeast Corner of Washington Street and Miles Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Approve an Assignment and Assumption Agreement by and between CP Development La Quinta, LLC, and Huy Vu (Hibachi Restaurant) for Property Located at the Southeast Corner of Washington Street and Miles Avenue, and authorize the City Manager to execute the agreement. (Attachment 1) FISCAL IMPLICATIONS: None for this action. HARTER CITY IMPLICATION None. BACKGROUND AND OVERVIEW: On December 18, 2003, the La Quinta Redevelopment Agency entered into a Disposition and Development Agreement ("DDA") with CP Development La Quinta, LLC for the sale and development of approximately 50 acres located at the southeast corner of Washington Street and Miles Avenue. The development includes a multi -use commercial and residential project consisting of the following: a medical office/surgical facility; two sit-down restaurants; a mid -price suites hotel; sanctuary villas; resort -style condominium/casitas development; and two single-family residential developments, with forty (40) homes restricted for sale to eligible buyers at an affordable housing cost. To date, the Homewood Suites Hotel has opened; 44 casitas units have been constructed; Eisenhower Medical Center is moving forward with its first medical office 231 building; and Applebee's has purchased one of the two restaurant parcels, and is under construction. CP Development La Quinta, LLC has negotiated a sales agreement with Mr. Huy Vu, owner of Hibachi Restaurant, for the .91 acre restaurant parcel ("Parcel 1 Restaurant") located at the southeast corner of Washington Street and Miles Avenue. This sale requires City and Agency consent to assign all DDA and DA rights and obligations specific to this parcel to Hibachi Restaurant. The Schedule of Performance applicable to the Parcel 1 Restaurant has also been amended, and is attached for the Council's information (Attachment 2). The amended Schedule of Performance will be included Amendment Number 7 to the Disposition and Development Agreement, which will come before the City Council at a later date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an Assignment and Assumption Agreement by and Between CP Development La Quinta, LLC, and Huy Vu (Hibachi Restaurant) for Property Located at the Southeast Corner of Washington Street and Miles Avenue, and authorize the City Manager to execute the agreement; or 2. Do not approve an Assignment and Assumption Agreement by and Between CP Development La Quinta, LLC, and Huy Vu (Hibachi Restaurant) for Property Located at the Southeast Corner of Washington Street and Miles Avenue, and do not authorize the City Manager to execute the agreement; or 3. Provide staff with alternative direction. Respectfully submitted, — J&WX4.n"�- Douglas RI Evans Assistant City Manager — Development Services Approved for submission by: K"44ornas P. Gen Attachment: 1 . Assignment and Assumption Agreement 2. Draft Schedule of Performance 1 232 ATTACHMENT1 REQUESTED BY AND WHEN RECORDED MAIL TO: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: From Recording Fee Pursumt to ASSIGNMENT AND ASSUMPTION AGREEMENT This Assignment and Assumption Agreement ("Assignment") is entered into this day of 2008 by and between CP DEVELOPMENT LA QUINTA, LLC, a California Fimited liability company ("Assignor") and Huy Vu, an individual (referred to hereinafter as "Assignee") with reference to the following: A. WHEREAS, Assignor is the owner in fee simple of certain property located at the southeast comer of Miles Avenue and Washington Street in the City of La Quinta, California (the "Property"), which Property is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference. B. WHEREAS, Assignor acquired the Property from the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency") pursuant to the terms of that certain Disposition and Development Agreement dated on or about December 18, 2003 ("Original DDA"), as amended on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 19, 2008 (collectively the "DDA Amendments"). (The Original DDA, as modified by the DDA Amendments shall hereinafter be referred to as the "DDA".) C. WHEREAS, Concurrently with the execution of the Original DDA, the Agency and Assignor entered into that certain Development Agreement which was recorded in the Official Records of the County Recorder for the County of Riverside on January 5, 2004 as Instrument No. 2004-0005256, and amended by that certain Amendment No. 1 to Development Agreement executed on or about October 28, 2004 and recorded in the Official Records of the County Recorder for the County of Riverside on November 8, 2004 as Instrument No. 2004-0885063, and by that certain Amendment No. 2 to Development Agreement executed on or about November 17, 2005 and recorded in the Official Records of the County Recorder for the County of Riverside on December 19, 2005 as Instrument No. 2005-1045418, and by that certain Amendment No. 3 to the Development Agreement executed on or about May 6, 2008 and recorded in the Official Records of the County Recorder for the County of Riverside prior to or concurrent herewith (hereinafter collectively referred to as the "Development Agreement.") 233 D. WHEREAS, pursuant to the terms of the DDA and the Development Agreement, the Property was to be used for a mixed use development project (the "Projecf'), including a restaurant ("Restaurant") to be built on that portion of the Property described on Exhibit "B" attached hereto and incorporated herein by this reference ("Restaurant Property"). E. WHEREAS, Assignor now desires to transfer the Restaurant Property to Assignee, and concurrently therewith, to transfer to Assignee all of Assignor's rights and responsibilities under the DDA and the Development Agreement to the extent that such rights and responsibilities relate to the Restaurant and Restaurant Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. As of the "Effective Date" (as that term is defined in Section 4 below) of this Assignment, Assignor hereby assigns to Assignee all of Assignor's rights and responsibilities under the terms of the DDA and the Development Agreement, but only to the extent that such rights and responsibilities relate to the Restaurant and/or Restaurant Property (collectively, the "Assigned Rights and Obligations".) 2. Assignee hereby accepts the foregoing assignment of the Assigned Rights and Obligations, and agrees to be bound by the terms of the DDA and the Development Agreement to the extent that such terms relate to the Restaurant and/or the Restaurant Property. 3. The parties hereto acknowledge and agree that Assignee shall not be responsible for any of the obligations of the DDA or the Development Agreement which arise from ownership of any portion of the Property prior to the Effective Date hereof, or which arise from any portion of the Property other than the Restaurant Property after the Effective Date hereof. As such, a default by Assignor under either the DDA or the Development Agreement prior to the Effective Date hereof, or with respect to any portion of the Property other than the Restaurant Property after the Effective Date hereof ("Assignor's Default") shall not be deemed a default by Assignee, and Assignor shall indemnify, defend and hold harmless Assignee from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from an Assignor's Default. A default by Assignee under either the DDA or the Development Agreement with respect to the Restaurant and/or Restaurant Property after the Effective Date hereof ("Assignee's Default") shall not be deemed a default by Assignor, and Assignee shall indemnify, defend and hold harmless Assignor from any and all losses, claims or liability, including without limitation reasonable attorneys' fees and costs, arising from an Assignee's Default. 4. Nothing herein or in the DDA or DA constitutes a representation or warranty by the Agency that the construction of the Restaurant on the Restaurant Property is not subject to California Health and Safety Code Sections 33423 through 33426, 234 or Chapter I of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Assignee expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to the Restaurant or the Restaurant Property. Assignee shall, indemnify, defend, and hold the Agency harmless, including litigation costs and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages for the Restaurant and/or the Restaurant Property. 5. The City and the Agency shall be deemed to be third party beneficiaries of the waiver and indemnity set forth in Section 4 and the warranty and representation set forth in Section 7. 6. This Assignment shall be deemed effective upon the last of the following events to occur: (a) conveyance of the Restaurant Property to Assignee as evidenced by the recording of the grant deed therefor in the Official Records of the County Recorder for the County of Riverside, California, and (b) the written consent to this Assignment by the City with respect to the Assigned Rights and Obligations arising under the Development Agreement, and by the Agency with respect to the Assigned Rights and Obligations arising under the DDA (herein referred to as the "Effective Date"). 7. The parties hereto each warrant and represent that they have taken all necessary corporate action to authorize the execution and performance of this Assignment and that the individuals executing this docunient on behalf of the parties are authorized to do so, and by doing so, create binding obligations as described herein of the party represented. 8. The terms of this Assignment shall not be amended and this Assignment shall not be terminated except by written instrument executed by both of the parties hereto, and only upon the prior written consent of the City and Agency. 9. This Assignment shall be governed by the internal laws of the State of California, without regard to conflict of law principles. [End — Signature page follows] 235 WHEREFOR, the parties hereto have executed this Assignment on the date first written above. ASSIGNOR: CP Development La Quinta, LLC A California limited liability company By: Oliphant Family Trust Its: Member By: Richard R. Oliphant Its: Trustee By: Oliphant Enterprises, Inc. Its: Manager By: Richard R. Oliphant Its: President ASSIGNEE: Huy Vu, an individual Huy Vu no State of California County of — On before me, , Notary Public, (here insert name and title of the officer) personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of — On before me, , Notary Public, (hem insert name and title of the officer) personally appeared who 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(ics), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 237 CONSENT By execution below, the Agency and City hereby consent to the foregoing assignment. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Agency Counsel Executive Director CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California By: Its: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney City Manager 0 - 238 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCELS I AND 3 OF PARCEL MAP NO. 31116 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 212 AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS AS INSTRUMENT NO. 2005-0262238. AND PARCEL B OF LOT LINE ADJUSTMENT 2006-452 BEING PARCEL 8 AND A PORTION OF PARCEL 7 OF PARCEL MAP NO. 31116 AS SHOWN BY MAP ON FILE IN BOOK 212 AT PAGES 60 THROUGH 66, INCLUSIVE, OF PARCEL MAPS, RIVERSIDE COUNTY RECORDS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS RECORDED ON APRIL 19,2006 AS INSTRUMENT NO. 0280726. 239 EXHIBIT "B" LEGAL DESCRIPTION OF RESTAURANT PROPERTY PARCEL I OF PARCEL MAP NO. 31116, FILED ON APRIL 4,2005, IN BOOK 212 OF PARCEL MAPS, AT PAGES 60-66, AS INSTRUMENT NO. 2005-0262238. 2 ri Ll ATTACHMENT 2 DRAFT SCHEDULE OF PERFORMANCE FOR PARCEL I RESTAURANT Item of Performance Time for Completion I Developer execution of DDA amendment. Within 7 days after Developer and Agency approve final draft. 2. Developer's submission of complete Site On or before August 18, 2008. Development Permit Application (SDPA) and Lot Line Adjustment or Parcel Merger request for Restaurant Parcel I which will include: • Detailed Site Plan • Floor Plans and Layout • Elevations • Conceptual Landscaping • Grading Plan 3. Review of Parcel I SDPA and Lot Line Agency will use reasonable efforts to cause such Adjustment or Parcel Merger request by review within 21 days after Developer's submittal applicable City departments. (City staff to of Parcel I SDPA and Lot Line Adjustment or approve Lot Line Adjustment or Parcel Parcel Merger request. Merger request.) 4. Agency response to Developer as to City Within 7 days after Agency's receipt of City's comments on Parcel 1 SDPA. final comments on applications. 5. Developer and City Responses. Developer will respond to any request within 7 days and Agency will use reasonable efforts to cause City to respond to any submission within 7 days. 6. Agency publishes Notice of Public Within 10 days after City responds to Developer's Hearing for the Parcel 1 SDPA before the comments regarding the Parcel I SDPA. Planning Co ssion. 7. Planning Commission's Public Hearing Approximately 10 days after first publication of and consideration of Parcel I SDPA. notice of the same. 8. City Council's consideration of SDPA. Within 30 days after Planning Commission approval of the Parcel 1 SDPA. 9. City's issuance for Parcel I SDPA and Within 7 days after approval of Parcel I SDPA by conditions. both Planning Commission and City Council. 10. Developer's preparation of Precise Within 45 days after City issues Parcel 1 SDPA. Grading Plan and Construction Drawings for Restaurant Parcel 1. 11. Developer's submission of (i) evidence of Within 30 days after Developer's completion of financing necessary to complete Parcel 1 Precise Grading Plans and Construction Drawings Restaurant, and (ii) Precise Grading and for the Parcel I Restaurant. Building Permit Applications for Restaurant Parcel 1. 241 Item of Performance Time for Completion 12. City's issuance of grading permit for Within 42 days after City's receipt of Building Restaurant Parcel 1. Permit Application for Restaurant Parcel 1. 13. City's issuance of Building Permit for Within 50 days after receipt of building permit Parcel I Restaurant. application for Parcel I Restaurant.. 14. Developer commences construction of Within thirty (30) days after City's issuance of Parcel I Restaurant. building permits for Parcel I Restaurant. 15. Completion of Parcel I Restaurant. Within 9 months after City's issuance of building permits for Parcel I Restaurant. * Nothing herein shall be construed to limit the City's legislative authority, which City may exercise, in City's sole and absolute discretion. In all cases where City action is required, Agency shall use reasonable efforts to cause City to take such action in the time prescribed herein. 242 Tuf 4 4 a" COUNCIL/RDA MEETING DATE: Mav 20, 2008 AGENDA CATEGORY: ITEM TITLE: Approval of an Agreement for Deposit of BUSINESS SESSION: Funds by and Among the City of La Quinta, the La Quinta Redevelopment Agency, Lennar Homes of CONSENT CALENDAR: California, and Dolphin La Quinta, LLC and an STUDY SESSION - Assignment and Assumption Agreement for Property Located within the Centre Pointe Development at the PUBLIC HEARING: Southeast Corner of Washington Street and Miles Avpnijp RECOMMENDATION: Approve an Agreement for the Deposit of Funds by and among the City of La Quinta, the La Quinta Redevelopment Agency, CP Development La Quinta, LLC, Lennar Homes of California, and Dolphin La Quinta, LLC and an Assignment and Assumption Agreement for Property Located within the Centre Pointe Development at the Southeast Corner of Washington Street and Miles Avenue, and authorize the City Manager to execute the agreement. FISCAL IMPLICATIONS: None for this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On December 18, 2003, the La Quinta Redevelopment Agency entered into a Disposition and Development Agreement ("DDA") with CP Development La Quinta, LLC for the sale and development of approximately 50 acres located at the southeast corner of Washington Street and Miles Avenue. The development, called "Centre Pointe" includes a multi -use commercial and residential project consisting of the following: a medical office/surgical facility; two sit-down restaurants; a mid -price suites hotel; sanctuary villas; resort -style condominium/casitas development; and two single-family residential developments, with forty (40) homes restricted for sale to 243 eligible buyers at an affordable housing cost. To date, the Homewood Suites Hotel has opened; 44 casitas units have been constructed; Eisenhower Medical Center is moving forward with its first medical office building; and Applebee's has purchased one of the two restaurant parcels, and is under construction. Lennar has been negotiating the sale of its holdings within the Centre Pointe project with Dolphin La Quinta, LLC. Lennar's holdings include the completed 44-unit casitas development (40 units east of the Homewood Suites, and four units northwest of the Homewood Suites), and another vacant parcel along Miles Avenue. (A site map is included as Attachment 1.) The sales transaction is scheduled to close on May 28, 2008. Dolphin La Quinta, LLC has agreed to deposit $400,000 into an escrow account; these funds guarantee Dolphin La Quinta, LLC's performance, and would be released when certain conditions are met. In addition, this sale requires City and Agency consent to assign all DDA and DA rights and obligations specific to these parcels. An Agreement for the Deposit of Funds detailing the performance requirements, as well as the Assignment and Assumption Agreement, are included as Attachment 2. Dolphin La Quinta, LLC is working with staff to amend the Schedule of Performance and other project components. These changes will require Disposition and Development Agreement and Development Agreement amendments. These amendments will come before the City Council at a later date. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve an Agreement for the Deposit of Funds by and among the City of La Quinta, the La Quinta Redevelopment Agency, CP Development La Quinta, LLC, Lennar Homes of California, and Dolphin La Quinta, LLC and an Assignment and Assumption Agreement for Property Located within the Centre Pointe Development at the Southeast Corner of Washington Street and Miles Avenue, and authorize the City Manager to execute the agreement; or 2. Do not pprove an Agreement for the Deposit of Funds by and among the City of La Quinta, the La Quinta Redevelopment Agency, CP Development La Quinta, LLC, Lennar Homes of California, and Dolphin La Quinta, LLC, and an Assignment and Assumption Agreement for Property Located within the Centre Pointe Development at the Southeast Corner of Washington Street and Miles Avenue, and do not authorize the City Manager to execute the agreement; or 3. Provide staff with alternative direction. 244 Respectfully submitted, - ko Douglas R. V.*ans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Site Map 2. Assignment and Assumption Agreement 245 ATTACHMENT I Lennar/Dolphin Parcels PARCEL MAP F1 PARCELS PM28833 *IMPORTANT* This Information is made available through the Riverside County Geographic Information System. The information is for reference purposes only. It is intended to be used as base level Information only and Is not intended to replace any recorded documents or other public records. Contact appropriate County Department or Agency If necessary. Reference to recorded documents and public records may be necessary and is advisable. REPORT PRINTED ON ... Thu May 15 15:0713 2008 246 http://www3.tlma.co.riverside.ca.u-bil-pa/rclis/print.htm ATTACHMENT 2 AGREEMENT FOR DEPOSIT OF FUNDS This AGREEMENT FOR DEPOSIT OF FUNDS ("Agreement") is made and entered into as of , 2008 (the "Effective Date") by and among LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"), CITY OF LA QUINTA, a California municipal corporation and charter city, organized and existing under the Constitution of the State of California ("City"), Lermar Homes of California ("Lennar"), and DOLPHIN LA QUfNTA, LLC, a California limited liability company ("Dolphin"). Agency, City, Lennar and Dolphin are sometimes individually referred to herein as a "Party" and collectively referred to herein as the "Parties." R E C I T A L S: A. On or about December 18, 2003, the Agency and CP Development La Quinta, LLC ("CP") entered into that certain Disposition and Development Agreement (the "Original DDA"), pursuant to which Agency sold to CP that certain real property located southeast of the Miles Avenue and Washington Street intersection in the City of La Quinta, California 92253 (the "Property") and CP agreed to construct, complete, and operate thereon a commercial project containing, among other components, a mid -price suites hotel (the "Suites Hotel") and a resort - style condominium/casitas development (the "Casitas Development"). B. The Original DDA has been amended on six (6) occasions, on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 23, 2008 (collectively, the "Prior DDA Amendments"). The Original DDA, as amended by the Prior Amendments, is hereinafter referred to as the "DDA." C. Concurrently with the execution of the Original DDA, the City and CP entered into that certain Development Agreement which was recorded in the Official Records of the County Recorder for the County of Riverside (the "Official Records") on January 5, 2004, as Instrument No. 2004-0005256 (the "Original DA"). Agency and CP have amended the Original DA on three (3) prior occasions, pursuant to that certain Amendment No. I to Development Agreement executed on or about October 28, 2004, and recorded in the Official Records on November 8, 2004, as Instrument No. 2004-0885063, that certain Amendment No. 2 to Development Agreement executed on or about November 17, 2005, and recorded in the Official Records on December 19, 2005, as Instrument No. 2005-1045418 ' and that certain Amendment No. 3 to Development Agreement executed on or about May 6, 2008 and recorded in the Official Records on , 2008 as Instrument No. - (collectively, the "Prior DA Amendments") The Original DA, as amended by the Prior DA Amendments, is hereinafter referred to as the "DA." D. Pursuant to the Prior DDA Amendments and Prior DA Amendments CP was permitted to, and did, (1) sell to Lermar that portion of the Property described as Parcel 2 of Parcel Map 31116 ("Parcel 2") and (ii) assign its rights and obligations under the DDA and DA with respect to Parcel 2 and the portion of the Casitas Development to be constructed on Parcel 2 882/015610-0107 2) 4 7 902956.05 a05/16/08 (the "Parcel 2 Casitas Development") to Lennar. Parcel 2 is more particularly described in Exhibit "A", which is attached hereto and incorporated herein by this reference. E. Lennar has developed forty (40) condominium/casitas units on Parcel 2 (the "Completed Casitas Units"). Lennar has also developed four (4) additional condominium/casitas units that do not yet have approved certificates of occupancy. Pursuant to the DDA, the DA, and the entitlements previously issued by the City in connection with the Parcel 2 Casitas Development, Lennar is required to develop a total of one hundred thirty-two (132) condominium/casitas units on Parcel 2. Lennar has failed to complete the entire Parcel 2 Casitas Development by December 31, 2007, as required by the DDA. F. Lermar has entered into a purchase and sale agreement with Dolphin, pursuant to which Lennar has agreed to sell to Dolphin Parcel 2 (the "Parcel 2 Purchase Agreement"). Lennar has indicated that it will only close escrow on the sale of Parcel 2 to Dolphin if the City and Agency agree to waive their right to condition their approval of such sale upon payment by Lennar to the City and/or Agency of half of Lennar's net sales proceeds, as permitted by Section 703.2 of the DDA and Section 7.2 of the DA (collectively, the "Sales Proceeds Provisions"). G. Dolphin has indicated its intent to prepare and process through the City new designs and plans for Parcel 2, in accordance with the schedule attached hereto and incorporated herein as Exhibit B" (the "Dolphin Performance Schedule"). H. Agency, City and Dolphin mutually interpret Sections 3.4. 10 of the DA and 309.2 of the DDA restricting changes in the assessed value of any of the Property to apply only after completion of development of the Property or a "Phase of Development" (as that term is defined in the DDA). As of the Effective Date, the Casitas Development has not been wholly completed, such that neither the DA nor the DDA prevent the reassessment of Parcel 2 upon Lennar's sale of Parcel 2 to Dolphin 1. Agency, City, Lennar, and Dolphin now wish to set forth the terms and conditions pursuant to which Agency and City will (i) consent to Lennar's sale and transfer to Dolphin of all of Lennar's rights and obligations under the DDA and DA with respect to Parcel 2, the Parcel 2 Casitas Development, and all associated public and private improvements and amenities to be developed as part of the Parcel 2 Casitas Development (collectively, the "Parcel 2 Casitas Obligations"); and (ii) waive their rights under the Sales Proceeds Provisions. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all of the Parties, the Parties hereto agree as follows: I . Within three (3) days after the Effective Date, Dolphin and Agency shall open an escrow account (the "Escrow") with the escrow agent (the "Escrow Agent") handling the closing under the Parcel 2 Purchase Agreement (the "Parcel 2 Closing"). Concurrently with the Parcel 2 Closing, Dolphin shall deposit into the Escrow Four Hundred Thousand Dollars 882/015610-0107 902956.05 a05/16/08 -2- 243 ($400,000.00) (the "Performance Deposit"). The Escrow Agent shall deposit the Performance Deposit in an interest bearing account. The Performance Deposit shall be disbursed to Dolphin or retained by City pursuant to the following: a. The Escrow Agent shall disburse the Performance Deposit to Dolphin upon the occurrence of any one of the following, by the time stated therefor: i) Prior to September 30, 2008, the Completed Casitas Units are owned by CP or an entity in which CP or Dick Oliphant retains a minimum of fifty-one percent (5 1 %) of the ownership or beneficial interest and retains management and control. ii) Prior to September 30, 2008, Dolphin and CP close escrow on a land "swap" pursuant to which Dolphin conveys to CP certain real property that is adjacent to CP's restaurant parcel fronting on Washington Street in exchange for CP conveying to Dolphin certain real property located at the comer of Miles Avenue and Seeley Drive. b. The Escrow Agent shall disburse fifty percent (50%) of the Performance Deposit to Dolphin upon City's approval of a Site Development Permit Application for the remainder of the Parcel 2 Casitas Development or some alternative development, provided such approval is obtained by the earlier of (i) prior to April 1, 2010; or (ii) within eighteen (18) months after meaningful negotiations have broken down between Dolphin and CP with respect to the transactions described in paragraphs a(i) and a(ii) of this Section 1. Dolphin shall provide written updates to City concerning the status of such negotiations at least once every two (2) weeks, and, upon City's request therefore, Dolphin shall provide City with documentary evidence that such negotiations are still proceeding. In the event that following such a request for documentary evidence by City Dolphin fails to provide satisfactory evidence, in the reasonable discretion of the City Manager, that the negotiations are still proceeding, the eighteen (18) month period described in clause (ii) of this paragraph shall commence. C. The Escrow Agent shall disburse fifty percent (50%) of the Performance Deposit to Dolphin upon City's issuance of building permits for the remainder of the Parcel 2 Casitas Development or some alternative development. In the event that at the close of the eighteen (18) month period described in I b above (as such eighteen (18) month period may commence as a result of the failure of Dolphin to provide satisfactory evidence to City that negotiations with CP are proceeding) Dolphin has not satisfied any of I a(i), I a(ii) or b, within the applicable time stated above, the Escrow Agent shall disburse the Performance Deposit to the Agency unless before such time this Agreement has been modified by the Parties hereto. 2. Dolphin and Agency shall prepare and provide to Escrow Agent escrow instructions mutually acceptable to both Dolphin and Agency which incorporate and address all of the provisions in Section 1 above. 3. Concurrently with the Parcel 2 Closing, Lermar and Dolphin shall provide Agency and City with an assignment and assumption agreement in the form attached hereto and incorporated herein as Exhibit "C" that has been executed by Lennar and Dolphin, pursuant to 882/015610-0107 249 902956 05 aO5/16/08 -3- which Lennar assigns to Dolphin and Dolphin assumes and agrees to be bound by all of the terms and conditions in the DDA and DA applicable to Parcel 2 and the Parcel 2 Casitas Obligations 4. Agency and City hereby waive their rights under the Sale Proceeds Provisions with respect to the sale of Parcel 2 by Lermar to Dolphin pursuant to the Parcel 2 Purchase Agreement. The City and Agency retain all rights with respect to any other transaction. 5. Dolphin shall complete all obligations set forth in the Dolphin Performance Schedule within the times set forth therein. 6. Nothing herein or in the DDA or DA constitutes a repres ' entation or warranty by Agency or City that the construction of the Parcel 2 Casitas Development or any portion thereof is not subject to California Health and Safety Code Sections 33423 through 33426, or Chapter I of Part 7 of the California Labor Code (commencing with section 1720), and all applicable statutory and regulatory provisions related thereto, and Dolphin expressly waives any right of reimbursement for any "increased costs" under California Labor Code Section 1781 or otherwise with respect to Parcel 2 or the Parcel 2 Casitas Development. Dolphin shall, indemnify, defend, and hold Agency and City harmless, including litigation costs and reasonable attorneys' fees, from and against any and all claims pertaining to the payment of wages for Parcel 2 or the Parcel 2 Casitas Development. 7. Except as expressly provided in Section 4 above, nothing in this Agreement is intended to modify any provision in the DDA or DA. 8. In the event of any action between or amongst the Parties hereto seeking enforcement of any of the terms and conditions to this Agreement, the prevailing Party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. 9. This Agreement shall be construed according to its fair meaning and as if prepared by all of the Parties hereto. 10. This Agreement 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 Court 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 Agreement. Service of process on Agency or City shall be made in accordance with California law. Service of process on Lermar or Dolphin shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 11. Time is of the essence of this Agreement and of each and every term and provision hereof. 12. A waiver of a provision hereof, or modification of any provision herein contained, shall be effective only if said waiver or modification is in writing, and signed by the Party 882/015610-0107 902956 05 a05/16/08 -4- 250 granting the waiver. No waiver of any breach or default by any Party hereto shall be considered to be a waiver of any breach or default unless expressly provided herein or in the waiver. 13. This Agreement may be executed in counterparts, each of which, when this Agreement has been signed by all the Parties hereto, shall be deemed an original, and such counterparts shall constitute one and the same instrument. 14. The person(s) executing this Agreement 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 Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound. [End -- signature page follows] 251 8821015610-0107 902956 05 a05/16/09 -5- IN WITNESS WHEREOF, Agency, City, CP, and Dolphin each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. "Dolphin" DOLPHIN LA QUINTA, LLC, a California limited liability company Date: 12008 By: Its: By: Its: "Lennarl, LENNAR HOMES OF CALIFORNIA INC., a California corporation Date: 2008 By: Its: "Agency 11 LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Date: 12008 By: Executive Director ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency [Signatures continued on next page] 252 882/015610-0107 902956.05 a05/16/08 -6- "City" CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California Date:- 2008 By: Its: City Manager ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney 882/015610-0107 1 253 902956 05 a05/16/08 -7- EXHIBIT "A" LEGAL DESCRIPTION OF PARCEL 2 PARCEL 2 OF PARCEL MAP NO. 31116, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 212 OF PARCEL MAPS, PAGES 60 TO 66, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN 500 FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN 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 SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEREOF WITHIN 500 FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM THE LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-0979137 OFFICIAL RECORDS. 254 882/015610-0107 902956 05 a05/16/08 Exhibit "A" EXHIBIT "B" DOLPHIN PERFORMANCE SCHEDULE [See attached pages] 882/015610-0107 22 5 5 902956.05 a05/16/08 Exhibit "B THE DOLPHIN PARTNERS SCHEDULE OF PERFORMANCE FOR EXISTING 40 CASITAS UNITS AND REMAINING CONDO -HOTEL UNITS Item of Performance Time for Completion** I City approval of Agreement and execution of Not later than May 21, 2008. same. 2 Dolphin closes escrow with Lennar and acquires Not later than June 30, 2008, per the Third fee title to Parcel 2. Amendment to the Purchase & Sale Agreement between Dolphin and Lennar. 3 Developer and Agency execution of amendments Within three (3) months after the commencement of to DA and DDA. the eighteen (18) period described inSection1b of the Agreement (as such eighteen (18) month period may commence as a result of the failure of Dolphin to provide satisfactory evidence to City that negotiations with CP are proceeding). 4 Developer submission of complete Site Within 180 days after Effective Date of DDA Development Permit Application "SDPA", which amendment. will include: Detailed Site Plan; Floor Plans and Layout; Elevations; Conceptual Landscaping; Master Grading Plan; and Tract Map. 5 Review of SDPA by all applicable City Agency will use reasonable efforts to cause such departments. review within 21 days after Developer's submittal of SDPA. 6 Agency response to Developer as to City Within 7 days after Agency's receipt of City's final comments on SDPA. comments, but no later than 30 days after Developer's submission of SDPA. 7 Developer and City Responses. Developer will respond to any request within 7 days and Agency will use reasonable efforts to cause City to respond to any submission within 7 days. 8 City publishes Notice of Public Hearing before the Within 20 days after City responds to Developer's Planning Commission. comments in the preceding section. 9 Planning Commission Public Hearing and Approximately 10 days after City responds to consideration of SDPA and Tract Map. Developer's comments in the preceding section. 10 City Council consideration of SDPA and Tract Approximately 21 days after Planning Commission Map. approval. J1 City's issuance of SDPA, Tract Map and Within sixty (60) days from City's receipt of conditions. Developer's SDPA. 12 Developer's submission of (i) evidence of financing necessary to complete units, and (ii) Within 30 days after Developer's completion of Precise Grading and Building Permit Precise Grading Plans and Construction Drawings Applications. for the Parcel 1 Restaurant. 2' 5 6 THE DOLPHIN PARTNERS SCHEDULE OF PERFORMANCE FOR EXISTING 40 CASITAS UNITS AND REMAINING CONDO -HOTEL UNITS 1.3 Developer's submission of building Permit Within 120 days of Agency's approval of SDPA. applications for rental unit development. 14 City's issuance of building Permits Or e development of the rental units. Within 90-120 days from submission of complete set of construction documents including grading plans. IS Developer commences construction of the rental Within 60 days after Developer's receipt of building unit development. permits for the rental unit development. 1 16 Completion of the rental unit development. Within eighteen (18) months of City's formal approval of SDPA. *Nothing herein shall be construed to limit the City's legislative authority, which City may exercise, in City's sole and absolute discretion. In all cases where City action is required, Agency shall use reasonable efforts to cause City to take such action in the time prescribed herein. 257 EXHIBIT "C" ASSIGNMENT AND ASSUMPTION AGREEMENT [See folloWing pages] 2) 892/015610-0107 902956 05 aO5/16/08 Exhibit "C RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: LENNAR HOMES OF CALIFORNIA, INC. Attn: ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Assignment") is entered into this _ day of _, 2008 (the "Effective Date") by and between LENNAR HOMES OF CALIFORNIA, INC., a California corporation ("Assignor") and DOLPHIN LA QUINTA, LLC, a California limited liability company ("Assignee") with reference to the following: A. WHEREAS, Assignor is the owner in fee simple of certain property located at 45-245 Seeley Drive, in the City of La Quinta, California ("Parcel 2"). Parcel 2 is more particularly described on Exhibit "A", which is attached hereto and incorporated herein by this reference. B. WHEREAS, pursuant to the terms of that certain Disposition and Development Agreement entered into by and between the Assignee and the La Quinta Redevelopment Agency, a public body, corporate and politic ("Agency") on or about December 18, 2003, as amended on or about October 28, 2004, on or about December 7, 2004, on or about November 2, 2005, on or about October 20, 2006, on or about August 23, 2007, and on or about March 23, 2008 (as amended, the "DDA"), the Agency conveyed Parcel 2 and certain adjacent real property to CP Development La Quinta, LLC, a California limited liability company ("CP"). C. WHEREAS, subsequent to its acquisition of Parcel 2, CP conveyed Parcel 2 and assigned all of its rights and obligations with respect to Parcel 2, to Assignor. D. WHEREAS, concurrently with the execution of the DDA, the City of La Quinta ("City") and CP entered into that certain Development Agreement which was recorded in the Official Records of the County Recorder for the County of Riverside (the "Official Records") on January 5, 2004, as Instrument No. 2004-0005256 ' as amended by that certain Amendment No. I to Development Agreement executed on or about October 28, 2004, and recorded in the Official Records on November 8, 2004, as Instrument No. 2004-0885063, that certain Amendment No. 2 to Development Agreement executed on or about November 17, 2005, and recorded in the Official Records on December 19, 2005, as Instrument No. 2005-1045418, and that certain Amendment No. 3 to Development Agreement executed on or about , 2008, and recorded in the Official Records on 2008, as Instrument No. (as amended, the "DA"T.- 882/015610-0107 902956.05 aO5/16/08 253 E. WHEREAS, pursuant to the terms of the DDA and DA and all entitlements issued in connection therewith, Assignor is required to develop on Parcel 2 one hundred thirty-two (132) condominium/casitas units and associated public and private improvements and amenities (collectively, the "Parcel 2 Casitas Development"). F. WHEREAS, Assignor has developed forty (40) condominium/casitas units on Parcel 2, and now wishes to transfer and assign to Assignee all of its rights and obligations under the DDA and DA with respect to Parcel 2 and the Parcel 2 Casitas Development (collectively, the "Parcel 2 Casitas Obligations"). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Assignor hereby assigns to Assignee all of Assignor's rights and responsibilities under the DDA and DA with respect to Parcel 2 and the Parcel 2 Casitas Obligations from and after the Effective Date. 2. Assignee hereby accepts the foregoing assignment of all of Assignor's rights and responsibilities under the DDA and DA with respect to Parcel 2 and the Parcel 2 Casitas Obligations, and agrees to be bound by the terms of the DDA and DA with respect to all of such rights and responsibilities from and after the Effective Date. 3. The parties hereto each warrant and represent that they have taken all necessary corporate action to authorize the execution and performance of this Assignment and that the individuals executing this document on behalf of the parties are authorized to do so, and by doing so, create binding obligations as described herein of the party represented. 4. The terms of this Assignment shall not be amended and this Assignment shall not be terminated except by written instrument executed by both of the parties hereto, and only upon the prior written consent of the City and Agency. 5. This Assignment shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 6. Any defined terms used but not defined herein shall have the same meaning as in the DDA. By execution below, the City and Agency hereby: (i) consent to the foregoing assignment; (ii) release Assignor from any further obligations under the DA or DDA; and (iii) waive their right to condition their approval of the foregoing assignment and sale by Assignor to Assignee of Parcel 2 upon payment by Assignor to the City and/or Agency of half of Assignor's net sales proceeds, as permitted by Section 703.2 of the DDA and Section 7.2 of the DA. [End — signatures on next page] 1 82/015610-0107 260 902956.05 a05/16/08 WHEREFORE, the parties hereto have executed this Assignment on the date first written above. "Assignor" LENNAR HOMES OF CALIFORNIA INC., a California corporation By: Its: "Assignee" DOLPHIN LA QUINTA, LLC, a California limited liability company 0 Its: 882/015610-0107 902956 05 a05/16/08 n r 1 L 0 State of California County of — On before me, (here insert name and title of the officer) Notary Public, personally appeared I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of _) On before me, Notary Public, (here insert name and title of the officer) personally appeared I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature (seal) 992/015610-0107 902956.05 a05/16/08 CONSENT By execution below, the City and Agency hereby: (i) consent to the foregoing assignment; (ii) release Assignor from any further obligations under the DA or DDA; and (iii) waive their right to condition their approval of the foregoing assignment and sale by Assignor to Assignee of Parcel 2 upon payment by Assignor to the City and/or Agency of half of Assignor's net sales proceeds, as permitted by Section 703.2 of the DDA and Section 7.2 of the DA. LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: Its: ATTEST: Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP Attorneys for the La Quinta Redevelopment Agency Executive Director CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the laws of the State of California By: Its: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Manager City Attorney 263 882/015610-0107 902956.05 a05/16/08 State of California County of — On before me, , Notary Public, (here insert nwne md title of the officer) personally appeared I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of _) On , before me, Notary Public, (here insert name and title of the officer) personally appeared I who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 264 182/015610-0107 902956 05 a05/16/09 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 2 OF PARCEL MAP NO. 31116, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, AS PER MAP RECORDED IN BOOK 212 OF PARCEL MAPS, PAGES 60 TO 66, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS, HYDROCARBON SUBSTANCES AND MINERALS OF EVERY KIND AND CHARACTER LYING MORE THAN 500 FEET BELOW THE SURFACE, TOGETHER WITH THE RIGHT TO DRILL INTO, THROUGH AND TO USE AND OCCUPY ALL PARTS OF THE PROPERTY LYING MORE THAN 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 SAID PROPERTY OR OTHER LANDS, BUT WITHOUT, HOWEVER, ANY RIGHT TO USE EITHER THE SURFACE OF THE PROPERTY OR ANY PORTION THEREOF WITHIN 500 FEET OF THE SURFACE FOR ANY PURPOSE OR PURPOSES WHATSOEVER, OR TO USE THE PROPERTY IN SUCH A MANNER AS TO CREATE A DISTURBANCE TO THE USE OR ENJOYMENT OF THE PROPERTY, AS RESERVED IN THE DEED FROM THE LA QUINTA REDEVELOPMENT AGENCY, RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-0979137 OFFICIAL RECORDS. 265 882/015610-0107 902956 05 a05/16/08 Exhibit "A" Twy� 4 4 QR&M MEMORANDUM 4 TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assistant anager — Development Services, via W er Thomas P. Genovese, City Manag 40 DATE: May 20, 2008 SUBJECT: City Council Consent Item #20 and RDA Consent Item #5 The City Attorney/Agency Counsel has made minor changes to the Agreement for Deposit of Funds narrative, page 3. A redline of the narrative is included with this memo as Attachment 1. The changes in the narrative more accurately reflect the dates contained within the Schedule of Performance (Attachment 2). ATTACHMENT1 ($400,000.00) (the "Performance Deposit"). The Escrow Agent shall deposit the Performance Deposit in an interest bearing account. The Performance Deposit shall be disbursed to Dolphin or retained by City pursuant to the following: a. Fhe hscrow Agent shall disburse the performance Deposit to Dolphin upon the occurrence of any one of the following, by the time stated therelbr: i) Prior to September 30, 2008, the Completed Casitas Units are owned by CP or an entity in vdiich CP or Dick Oliphant retains a mininiuni of fifty-one percent (5 1%) of the ownership or beneficial interest and retains manag-ement and control. ii) Prior to September 10, 20W Dolphin and CP close escrow on a land -swap" pursuant to which Dolphin conveys to CP certain real property that is adjacent to CP's restaurant parcel fronting on Washington Street in exchange for CP conveying to Dolphin certain real property located at the comer of Miles Avenue and Seeley Drive. b. The Escrow Agent shall disburse fifly percent (50%) of the Performance Deposit to Dolphin upon City's approval of a Site Development Permit Application for the remainder of the Parcel 2 Casitas Development or some alternative development. provided such approval is obtained by the earlier of(i) prior to April 1, 2010; or (ii) within eig4tee�� (4j JI months al'tcr meaningful negotiations have broken down between Dolphin and CP with respect to the transactions described in pari.-raphs a(i) and a(ii) ofthis Section 1. Dolphin shall provide written updates to City concerning the Status Of Such negotiations at least once every two (2) weeks, and, upon City's request therefore. Dolphin shall provide City with documentary evidence that such negotiations are still proceeding. In the event that 11ollowing such a request l'or documentary evidence by City Dolphin Pails to provide satisfactory evidence, in the reasonable discretion of the City Manager, that the negotiations are still proceeding, the eightec+icleven (4411) month period described in clause (ii) of this paragraph shall commence. 'I he date such eleven—LLI Lrnon criod commences shall be referred to hereinafter as the -SDP` Date". C. The Escrow Agent shall disburse fifty percent (50%) of the Performance Deposit to Dolphin upon City's issuance of building permits for the remainder of the Parcel 2 Casitas Development or sonic alternative developmen eigbt�l 8) months after the SDPA Commencement Date. fit the event that at the close of the eig-liteen (18) month period described in I [-�above �as such cighicen (I �) mimith pefiod ma% a,, a Icsult of 111A2 failure of Dolphin lo provide at above Dolphin has not satisfied any of la(i), Ia(ii).1b or b.1c within the applicable time stated above, the Escrow Agent shall disburse the Performance Deposit to the Agency unless before such time this Agreement has been modified by the Parties hereto. 2. Dolphin and Agency shall prepare and provide to Escrow Agent escrow instructions mutually acceptable to both Dolphin and Agency which incorporate and address all of the provisions in Section I above. 891)015011U1V I ��;9Q_295f,.00 �0�4��20, 02 --1 - ATTACHMENT 2 THE DOLPHIN PARTNERS SCHEDULE OF PERFORMANCE FOR EXISTING 40 CASITAS UNITS AND REMAINING CONDO -HOTEL UNITS Item of Performance Time for Completion** I City approval of Agreement and execution of Not later than May 21, 2008. same. 2 Dolphin closes escrow with Lennar and acquires Not later than June 30, 2008, per the Third fee title to Parcel 2. Amendment to the Purchase & Sale Agreement between Dolphin and Lennar. 3 Developer and Agency execution of amendments Within three (3) months after the commencement of to DA and DDA. the eighteen (18) period described inSection1b of the Agreement (as such eighteen (18) month period may commence as a result of the failure of Dolphin to provide satisfactory evidence to City that ,negotiations with CP are proceeding). 4 Developer submission of complete Site Within 180 days after Effective Date of DDA Development Permit Application "SDPA", which amendment. will include: Detailed Site Plan; Floor Plans and Layout Elevations; Conceptual Landscaping; Master Grading Plan; and Tract Map. 5 Review of SDPA by all applicable City Agency will use reasonable efforts to cause such departments. review within 21 days after Developer's submittal of SDPA. 6 Agency response to Developer as to City Within 7 days after Agency's receipt of City's comments on SDPA. comments, but no later than 30 days after Developer's submission of SDPA. 7 Developer and City Responses. Developer will respond to any request within 7 days and Agency will use reasonable efforts to cause City to respond to any submission within 7 days. 8 City publishes Notice of Public Hearing before the Within 20 days after City responds to Developer's Planning Commission. comments in the preceding section. 9 Planning Commission Public Hearing and Approximately 10 days after City responds to consideration of SDPA and Tract Map. Developer's comments in the preceding section. 10 City Council consideration of SDPA and Tract Approximately 21 days after Planning Commission Map. approval. 11 City's issuance of SDPA, Tract Map and Within sixty (60) days from City's receipt of conditions. Developer's SDPA. 12 Developer's submission of (i) evidence of financing necessary to complete units, and (ii) Within 30 days after Developer's completion of Precise Grading and Building Permit Precise Grading Plans and Construction Drawings Applications. for the Parcel 1 Restaurant. THE DOLPHIN PARTNERS SCHEDULE OF PERFORMANCE FOR EXISTING 40 CASITAS UNITS AND REMAINING CONDO -HOTEL UNITS 13 Developer's submission of building permit Within 120 days of Agency's approval of SDPA. applications for rental unit development. 14 City's issuance of building permits for e Within 60-90 days from submission of complete set development of the rental units. of construction documents including grading plans. 15 Developer commences construction of -the rental Within 60 days after Developer's receipt of building unit development. permits for the rental unit development. 16 Completion of the rental unit development Within eighteen (18) months of City's formal approval of SDPA. *Nothing herein shall be construed to limit the City's legislative authority, which City may exercise, in City's sole and absolute discretion. In all cases where City action is required, Agency shall use reasonable efforts to cause City to take such action in the time prescribed herein. Tit!t 4 4 a" COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Approval of the National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: JC24 STUDY SESSION: PUBLIC HEARING: Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD) and authorize the Mayor to execute the Implementation Agreement on behalf of the City. FISCAL IMPLICATIONS: The current estimates for the City's cost sharing responsibilities identified in the proposed agreement is approximately $30,000. Staff has budgeted this amount in the Draft Fiscal Year 2008-2009 Operating Budget. Additionally, the City will incur direct cost associated with implementing the agreement, which will either be in the form of consulting fees or staff time. In the future, increased staffing may be necessary for the ongoing duties associated with the Stormwater Permit. CHARTER CITY IMPLICATIONS: None at this time. BACKGROUND AND OVERVIEW: In 1987, Congress added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C.§1 342(p)), requiring certain operators of Municipal Separate Storm Water Sewer System (MS4), industrial facilities and persons conducting certain construction activities to obtain a NPIDES Permit before discharging stormwater into navigable waters; and further requires the Federal Environmental Protection Agency (EPA) to 266 promulgate regulations for NPDES Permit applications. The EPA promulgated such regulations and adopted them in November 1990. Pursuant to the CWA, the California State Water Resources Control Board (SWRCB) was delegated authority to administer the NPDES Permit process within the State of California whereby the SWRCB in turn delegated its NPIDES permitting authority to the Region Water Quality Control Boards to administer the NPIDES process within the boundaries of their perspective regions. On March 9, 2006, all parties of this agreement which include the RCFC&WCD, the County of Riverside (COUNTY), the Coachella Valley Water District (CVWD) and the cities of Banning, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage (CITIES) reapplied for an area - wide NPIDES Permit in accordance with the current NPIDES Permit (Order No. 01 -77, NPIDES No. CAS6170002) which expired on September 5, 2006. On May 6, 2008, the City Council was presented information regarding the implications of the new NPIDES Permit from a City obligation perspective as well as legal issues from the City Attorney. Riverside County Flood Control & Water Conservation District representative, Mr. Jason Uhley, provided information to the City Council regarding the negotiation process between the Permittees and the Regional Control Board staff in developing the permit that adhered to State Law while crafting its application to the Coachella Valley topography and climatic uniqueness. Mr. Terence Gallagher with Rutan & Tucker, LLP (City Attorney's Office) also provided supportive legal information regarding the new NPIDES permit. The Implementation Agreement (Attachment 1) is to perpetuate the responsibilities of RCFC&WCD, COUNTY, CVWD and CITIES for the Public Education and Monitoring Programs, Consultant's Services and Cooperative Agreements, the Principal Permittee (RCFC&WCD) Duties, Desert Task Force, Regulation and Enforcement, Inspection of MS4 Facilities, Submittals to the California Region Water Quality Control Board — Colorado River Basin Region (CRWQCB — CRIB), Best Management Practices (BMPs) and Programs. Additionally, the Implementation Agreement formulates the Cost Sharing for Public Education and Monitoring Programs, Consultant's Services and Cooperative Agreements, and the Principal Permittee (RCFC&WCD) duties. The new NPIDES Permit will go before the CRWQCB-CRB for adoption on May 21, 2008 to replace Order No. 01-77. The new NPIDES Permit will be designated Order No. R7-2008-0001. This Implementation Agreement is required to effectuate the existing Order No. 01-77 and the new Order No. R7-2008-0001. 267 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD) and authorize the Mayor to execute the Implementation Agreement on behalf of the City; or 2. Do not approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit Implementation Agreement with Riverside County Flood Control and Water Conservation District (RCFC&WCD); or 3. Provide staff with alternative direction. Respectfully submitted, thy R. bolic Wor sOD Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Implementation Agreement WSJ ATTACHMENT I AGREEMENT National Pollutant Discharge Elimination System Stormwater Discharge Permit Implementation Agreement (California Regional Water Quality Control Board - Colorado River Basin Region) This Agreement, entered into by the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT), the COUNTY OF RIVERSIDE (COUNTY), the COACHELLA VALLEY WATER DISTRICT (CVWD), and the CITIES OF BANNING, CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS and RANCHO MIRAGE (CITIES), establishes the responsibilities of each party concerning compliance with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit (NPDES Permit) issued by the California Regional Water Quality Control Board - Colorado River Basin Region (CRWQCB-CRB) pursuant to Order No. 0 1 -077. RECITALS A. WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) (33 U.S.C.§ I 342(p)); and B. WHEREAS, Section 402(p) of the CWA requires certain operators of MS4s, industrial facilities and persons conducting certain construction activities to obtain NPDES Permits before discharging stormwater into navigable waters; and C. WHEREAS, Section 402(p) further requires the Federal Environmental Protection Agency (EPA) to promulgate regulations for NPDES Permit applications; and 1990; and D. WHEREAS, EPA promulgated such regulations and adopted them in November E. WHEREAS, pursuant to the CWA, EPA has delegated authority to the California State Water Resources Control Board (SWRCB) to administer the NPDES Permit process within the State; and WHEREAS, SWRCB has in turn delegated its NPDES permitting authority to 269 the Regional Water Quality Control Boards to administer the NPDES Permit process within the boundaries of their respective regions; and G. WHEREAS, DISTRICT and CVWD are authorized to provide for the control of flood and stormwaters within their respective jurisdictions and are empowered to investigate, examine, measure, analyze, study and inspect matters pertaining to flood and stormwaters; and H. WHEREAS, on March 9,2006, DISTRICT, COUNTY, CVWD and CITIES reapplied for an area -wide NPDES Permit in accordance with the current NPDES Permit (Order No. 01 -077, NPDES No. CAS617002) which expired on September 5, 2006; and WHEREAS, it is anticipated that CRWQCB-CRB will issue a new NPDES Permitto DISTRICT, COUNTY, CVWD and CITIES on May2l,2008 pursuant to Section402(p) of the CWA; and WHEREAS, the NPDES Permit designates DISTRICT and COUNTY as Principal Permittees and DISTRICT, COUNTY, CVWD and CITIES as Permittecs; and K. WHEREAS, DISTRICT, COUNTY, CVWD and CITIES are to perform and/or execute certain activities and responsibilities prescribed in the NPDES Permit; and L. WHEREAS, DISTRICT and COUNTY, as PRINCIPAL PERMITTEES, are willing to undertake certain activities in order to facilitate implementation of the NPDES Permit requirements; and M. WHEREAS, cooperation between DISTRICT, COUNTY, CVWD and CITIES in the administration and implementation of the NPDES Permit and resulting programs and actions is in the best interest of all parties; and N. WHEREAS, DISTRICT established the Whitewater Watershed Benefit Assessment Area (BENEFIT ASSESSMENT) pursuant to DISTRICT Ordinance No. 14 on May 14, 1991 to offset DISTRICT's program and administrative costs associated with the development, implementation and management of the Federally mandated NPDES program and DISTRICT is willing to utilize BENEFIT ASSESSMENT funds to support DISTRICT's role as PRINCIPAL PERMITTEE and to support regional program costs to the extent BENEFIT ASSESSMENT funds -2- 270 are available. NOW, THEREFORE, the parties hereto do mutually agree as follows: I . NPDES Permi . A true and correct copy of the existing NPDES Permit issued to DISTRICT, COUNTY, CVWD and CITIES by CRWQCB-CRB pursuant to Order No. 0 1 -077 is attached to this Agreement as Exhibit A and is hereby incorporated by reference in its entirety and made a part of this Agreement. Order No. 01-077 will be replaced in 2008 with a new NPDES Permit pursuant to Order No. R7-2008-0001. This Agreement shall also apply to Order No. R7- 2008-0001, the contents of which shall be incorporated byreference in its entirety and made a part of this Agreement once Order No. R7-2008-0001 is finally adopted by CRWQCB-CRB. Order Nos. 01-077 and R7-2008-0001 shall each be known as "the NPDES Permit" for the purpose of interpreting this Agreement. 2. Inco!poration of Federal and State Laws. All applicable Federal and State laws and regulations in effect at the time of issuance of the NPDES Permit, as then written, and as they may be amended during the term of this Agreement, shall govem in the event they conflict with any provision of this Agreement. 3. Delegation of Responsibilities. The responsibilities of each of the parties to this agreement shall be as follows: A. Public Education Program. DISTRICT shall conduct public education activities on a regional basis that focus on reducing non -point source pollution within the NPDES Permit area. DISTRICT shall be reimbursed for its costs by COUNTY, CVWD and CITIES in accordance with the cost sharing provisions set forth in Section 4 of this Agreement. B. Monitoring Program. DISTRICT and CVWD shall perform or coordinate sampling of surface water and urban runoff in accordance with the provisions of the NPDES Permit Monitoring and Reporting Program contained therein. The location of the sampling sites (Sites) shall be determined by DISTRICT and CVWD, subject to approval by CRWQCB- -3- 271 CRB. More specifically: I . DISTRICT and CVWD shall perform such sampling for all Sites located within the respective limits of their jurisdictions. DISTRICT and CVWD may implement alternative approaches to sample collection, including use of consultants, reassigning Sites between the agencies, or other alternative approaches that may ensure improved permit compliance. Said alternative approaches may be implemented upon the mutual agreement of CVWD and DISTRICT. 2. DISTRICT shall reimburse CVWD for all of its costs associated with sample collection and laboratory analysis. 3. DISTRICT shall be reimbursed by CVWD, COUNTY and CITIES for implementation of the NPDES Permit Monitoring and Reporting Program in accordance with the cost sharing provisions set forth in Section 4 of this Agreement. C. Consultant's Services and Cooperative Agreements. In the event DISTRICT requires the services of an agency, consultant or consultants to implement NPDES program requirements, prepare manuals, develop programs or perform studies relevant to the entire permitted area pursuant to this Agreement, the cost of said consultant services shall be shared by DISTRICT, COUNTY, CVWD and CITIES in accordance with the cost sharing provisions set forth in Section 4 of this Agreement. COUNTY, CVWD and CITIES shall be notified in writing of DISTRICTs request for proposals from consultants, selection of a consultant, consultant's fee, contract timetable and payment schedule, and be allowed the opportunity to participate in decisions related to consultant's services D. Principal Permittee Duties. DISTRICT shall coordinate, implement and, IS 272 when required, contribute to regional NPDES Permit compliance activities; establish and update a uniform data submittal format; prepare annual reports; forward information received from CRWQCB-CRB to COUNTY, CVWD and CITIES; inform COUNTY, CVWD and CITIES of State and Federal regulations pertaining to the MS4; and chair Desert Task Force meetings. DISTRICT shall be reimbursed for said duties by COUNTY, CVWD and CITIES in accordance with Section 4. Cost Sharing of this Agreement. E. Desert Task Force. Each Permittee shall designate staff representatives to the Desert Task Force in writing to DISTRICT. The Desert Task Force shall be responsible for coordinating regional NPDES Permit and Monitoring and Reporting Program compliance activities, including related communications with CRWQCB-CRB, updates to this Implementation Agreement and compliance with Total Maximum Daily Loads (TMDLs), and other compliance orders issued by CRWQCB-CRB affecting the MS4 Permit, NPDES MS4 Monitoring and Reporting Program and/or the Whitewater River Watershed Municipal Stormwater Program Stormwater Management Plan. in addition, the Desert Task Force, or sub -committees thereof, shall be the forum for distribution, discussion and decision -making of items related to agreements and consultant selection related to regional compliance with the NPDES Permit. F. Regulation and Enforcement. COUNTY and CITIES shall be responsible for the adoption and enforcement of their ordinances and regulations within their respective jurisdictions to ensure compliance with the NPDES Permit. This includes the exercise of land use controls, the exercise of police powers and the enforcement of ordinances that COUNTY or -5- 273 CITIES presently have adopted or will adopt in the future, provided, however, nothing in this Agreement shall be construed as requiring COUNTY or CITIES to exercise such powers, controls or authorities in any particular manner. G. Inspection of MS4 facilities (consisting primarily of storm sewer pipe and channel infrastructure). DISTRICT, COUNTY, CVWD and CITIES shall perform reconnaissance surveys of their MS4 facilities as required by the NPDES Permit. Any wct weather or dry weather sampling or field screening for the reconnaissance surveys shall be the responsibility of COUNTY or CITIES, depending on where the discharge originates. Each Permittee shall be responsible for maintaining any records, tables or other data that are needed to support the reporting of the survey results to CRWQCB-CRB. H. Submittals to CRWQCB-CRB. DISTRICT shall coordinate and submit all required reports and information related to the regional compliance program to CRWQCB-CRB. COUNTY, CVWD and CITIES shall maintain sufficiently adequate records, information and/or data concerning their program development and implementation activities to enable DISTRICT to provide all required reports and submittals in a timely manner. COUNTY, CVWD and CITIES shall produce or supply such records, information and/or data in a reasonable manner upon request of CRWQCB-CRB or DISTRICT. DISTRICT shall also keep adequate records, information and/or data concerning its program development and implementation activities and produce or supply same in a reasonable manner upon request of CRWQCB-CRB. 1. Best Management Practices (BMPs) and Programs. Unless otherwise specified in this Agreement, DISTRICT, COUNTY, CVWD and CITIES -6- 274 shall be responsible for implementing each of the BMPs and/or other programs and activities required by the NPDES Permit in accordance with their authority. 4. Cost Sharin . Costs for services to be performed in accordance with Sections 3.A., 3.B., 3.C. and 3.D. of this Agreement shall be shared in accordance with the following formula: IC = (TC-DISTRICT-CVWD) x (IP/TP) Where, IC = individual Cost TC = Total Cost DISTRICT = DISTRICT Cost -Shared Amount CVWD = CVWD Cost -Shared Amount IP = Individual Population TP = Total Population The Total Cost (TC) shall be determined based on the following formula TC = Shared Costs + Credits - Debits Where, Shared Costs = Estimation of upcoming fiscal year's cost for services to be performed in accordance with Sections 3.A., 3.13., 3.C. and 3.1) of this Agreement. Credits = Portion of estimated Shared Costs for the previous fiscal year that were not expended. Debits = Portion of actual Shared Costs which exceeded estimated Shared Costs for the previous fiscal year. DISTRICT's share shall be 7% of the Total Cost. CVWD's share shall be 7% of the Total Cost. The population of CITIES shall be based on the latest California State Department of Finance population figures issued in May of each year. COUNTY population shall be based on the most current Tax Rate Area (TRA) information best fitting the NPDES Permit area. -7- 275 If DISTRICT's compliance costs for administering and complying with the NPDES MS4 Pennit and this agreement are less than available BENEFIT ASSESSMENT Revenues forthat fiscal year and DISTRICT's BENEFIT ASSESSMENT fund has sufficient, reserves, DISTRICTmay opt to use the excess BENEFIT ASSESSMENT revenues to offset the compliance costs for the portions of COUNTY and CITIES of BANNING, DESERT HOT SPRINGS, PALM SPRINGS and CATHEDRAL CITY within the BENEFIT ASSESSMENT based on each aforementioned party's population within the BENEFIT ASSESSMENT AREA. Population shall be based on the most current TRA and/or California Department of Finance information best fitting the BENEFIT ASSESSMENT boundary. 5. Term of the Agreement. The term of this Agreement shall commence on the date the last duly authorized representative of DISTRICT, COUNTY, CvWD or CITIES executes it. The Agreement shall remain in effect until the date that CRWQCB-CRB issues a new NPDES Permit, unless each of the parties withdraws sooner in accordance with the provisions of this Agreement. 6. Additional Partie . Any public agency (Agency) which incorporates after the date of issuance of the NPDES Permit and/or after the date of execution of this Agreement may file a written request with Principal Permittees asking to be added as a party. Upon receipt of such a request, Principal Permittees shall solicit the approval or denial of each Permittee. If a majority of the Permittees, each having one, co -equal vote, approves the addition of the Agency, the Principal Permittees shall ask CRWQCB-CRB to add the Agency to the NPDES Permit as an additional Permittee. Once the Agency is made an additional Permittee to the NPDES Permit, this Agreement shall be amended to reflect the addition, and the Agency shall, thereafter, comply with all provisions of the NPDES Permit and this Agreement. Upon execution of the amended Agreement, the Agency shall be responsible for the shared costs in accordance with Section 4 of this Agreement for the current and any subsequent fiscal year. Withdrawal from the Apreement. Any party may withdraw from this Agreement 60 days after giving written notice to the Principal Permittees and CRWQCB-CRB. The withdrawing party shall agree in such notice to file for a separate NPDES Permit and to comply with 2 7 6 all of the requirements established by CRWQCB-CRB. Withdrawal from the Agreement shall constitute forfeiture by the withdrawing party of its share of any costs paid as described in Section 4. Cost Sharing, of this Agreement and is conditioned on the payment of all costs accrued in accordance with Section 4. Cost Sharing. The withdrawing party shall be responsible for all lawfully assessed penalties as a consequence of its withdrawal. The cost allocations to the remaining parties shall be recalculated in the following fiscal year, in accordance with Section 4. Cost Sharing. 8. Non-compliance with Permit Requirements. Any party found to be in non- compliance with the conditions of the NPDES Permit shall be solely liable for any lawfully assessed penalties resulting from such non-compliance. Common orjoint penalties shall be calculated and allocated among the responsible parties as determined by the CRWQCB-CRB and any related proceedings and according to the formula outlined in Section 4 of this Agreement. 9. Amendments to the Agreement. Except as provided in Section 6, this Agreement may be amended only by consent of all parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and duly signed by the authorized representatives of all parties to the Agreement. 10. Authorized Signatories. The General Manager -Chief Engineer of DISTRICT, General Manager -Chief Engineer of CVWD, the Executive Officer of COUNTY and the City Managers of CITIES (or their designees) are authorized to execute this Agreement and all amendments hereto, to take all other procedural steps necessary to carry out the terms of this Agreement and to file for and obtain an NPDES Permit(s) or amendments thereto. 11. Notices. All notices shall be deemed duly given when delivered to the designated Desert Task Force representative by hand; or three (3) days after deposit in the U.S. Mail, postage prepaid. 12. Governing L . This Agreement shall be governed and construed in accordance with the laws of the State of California. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. 271 13. Consent to Waiver and Breach. No provision hereof shall be deemed waived and no breach excused, unless the waiver or breach is consented to in writing and signed by the party or parties affected. Consent by any party to a waiver or breach by any other party shall not constitute consent to any different or subsequent waiver or breach. 14. Applicability of Prior Agreements. This Agreement and the exhibits attached hereto constitute the entire Agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations and undertakings concerning the NPDES Permit within the limits of CRWQCB-CRB's jurisdictional area are superseded hereby. 15. Execution in Counterparts. This Agreement may be executed and delivered in any number of counterparts or copies (counterparts) by the parties hereto. When each party has signed and delivered at least one counterpart to the other parties hereto, each counterpart shall be deemed an original and, taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the parties hereto. H 10- 278 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date the last duly authorized representative executed it. This Agreement will only become effective when fully executed by each of the parties hereto. RECOMMENDED FOR APPROVAL: WARREN D. WILLIAMS General Manager -Chief Engineer Dated: APPROVED AS TO FORM: JOERANK County Counsel By� David H. K. Huff, Deputy Dated: RECOMMENDED FOR APPROVAL: LARRY PARRISH County Executive Officer Dated: ATTEST: JEU:cw P8/117865 02/08/08 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MARION ASHLEY, Chairman Board of Supervisors, Riverside County Flood Control and Water Conservation District ATTEST: NANCY ROMERO Clerk to the Board Deputy (SEAL) COUNTY OF RIVERSIDE ROY WILSON, Chairman Board of Supervisors, County of Riverside NANCY ROMERO Clerk to the Board Deputy (SEAL) 279 APPROVED AS TO FORM: COACHELLA VALLEY WATER DISTRICT STEVE ROBBINS General Manager -Chief Engineer By - PETER NELSON President Dated: -12- 230 APPROVED AS TO FORM: CITY OF BANNING City Attomey ATTEST: City Clerk By — Mayor -13- 281 APPROVED AS TO FORM: CITY OF CATHEDRAL CITY By - City Attomey ATTEST: By - City Clerk Mayor -14- 202 APPROVED AS TO FORM: CITY OF COACHELLA By_ City Attomey ATTEST: By - City Clerk By Mayor -15- 233 APPROVED AS TO FORM: CITY OF DESERT HOT SPRINGS City Attomey ATTEST: By - City Clerk Mayor -16- 284 APPROVED AS TO FORM: CITY OF INDIAN WELLS City Attomey ATTEST: City Clerk Mayor Dated: 17- 285 APPROVED AS TO FORM: CITY OF INDIO City Attomey ATTEST: By City Clerk Mayor ' SH 206 APPROVED AS TO FORM: CITY OF LA QUINTA City Attomey ATTEST: By — City Clerk By — Mayor -19- 287 APPROVED AS TO FORM: CITY OF PALM DESERT City Attorney ATTEST: By - City Clerk Mayor Dated: 283 -20- APPROVED AS TO FORM: CITY OF PALM SPRINGS City Attomey ATTEST: City Clerk Mayor 2 3 9 -21- APPROVED AS TO FORM: By — City Attorney ATTEST: City Clerk CITY OF RANCHO MIRAGE By — Mayor 290 -22- Tw�v ot 4 a" COUNCIL/RDA MEETING DATE: ITEM TITLE: Consideration of Development Agreement 2006-011 Second Reading of Ordinance Associated with Development of the Eden Rock Project Involving Property within PGA West Development, or alternatively, Re -Introduction of a Revised Version of Development Agreement 2006-011 Ordinance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: I CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt Ordinance No. 457 as originally introduced, approving Development Agreement 2006-011 for the Eden Rock Project located within the PGA West Development with the inclusion of the rental tracking system and rental management program requirements (Attachment 1) ; or 2. Move to re -introduce Ordinance No. 457, approving Development Agreement 2006-011 for the Eden Rock Project located within the PGA West Development without the inclusion of the rental tracking system and rental management program requirements (Attachment 2) by title and number only and waive further reading; and Move to re -introduce Ordinance No.457 on first reading, approving Development Agreement 2006-011, with the omission of the rental tracking system and rental management program requirements (Attachment 2). FISCAL IMPLICATIONS: None at this time. The Development Agreement requires the payment of certain sums associated with the loss of Tourist Commercial land use due to an approval of the project. These payments would be collected with the first sale of each unit by the developer of the project and at the time of each resale. The applicant has projected that in addition to these payments, the project will produce approximately $2 million in traditional Transient Occupancy Taxes (TOT) during the first 10 years of operation. 291 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On April 1, 2008, the City Council held a public hearing to consider the Eden Rock Project at PGA West. The City Council heard testimony from both the applicant and PGA West residents, indicating that most of the concerns regarding project design had been addressed. PGA West residents stated they were no longer opposed to the project, with the exception of the payment structure for the annual fee and the burden of being involved in collecting the annual payments. The public hearing on the Eden Rock at PGA West project was continued by City Council on April 1, 2008 to the April 15, 2008 City Council meeting in order to provide staff and the applicant an opportunity to, among other things, reassess the DA payment methodology. At the April 15, 2008 Council meeting, the Council approved Ordinance 457 on first reading with certain specified modifications to the payment obligations set forth in the Development Agreement. As revised, the Development Agreement no longer requires an annual mitigation payment and collection of this payment by the Homeowners Association. The Development Agreement now requires (i) the Developer to pay to the City 3/4 of one percent of the Developer's sales price for each unit, at the time the unit is first sold to a third party purchaser, and (ii) each owner to pay to the City 0.55 of one percent of the owner's sales price each time the unit is sold or transferred for consideration of more than $100. Subsequent to the April 15, 2008 Council meeting, the edited approved Development Agreement was provided to the applicant for final approval and execution. Upon review, the applicant questioned why the rental tracking system and rental management program to monitor short-term rentals (rental tracking/management program) was included in the final Development Agreement. Based upon this disagreement, staff was unable to schedule the Development Agreement for second reading at the May 6, 2008 City Council meeting. During public comments at the May 6, 2008 Council meeting, the applicant requested that the City Council omit from the Development Agreement and from the City's Declaration of Covenants, Conditions and Restrictions the requirement that the HOA establish a rental tracking system and rental management program to monitor short- term rentals and educate homeowners regarding their legal obligations regarding TOT collection and remittance. The applicant testified that they could not sign the Development Agreement due to the provision for a rental tracking/management system 292 that places a burden on the PGA West Homeowner's Association. The applicant has indicated that he understood that by imposing the revised initial payment and resale payments, the City Council intended to also delete the rental tracking program since no other properties at PGA West currently have a rental tracking system. The rental tacking program is referenced in Section 3.2.2 (Recordation of Conditions, Covenants and Restrictions) of the Development Agreement (page 3) and in Section 1.2 of the City's Declaration of CC&R's (page 2). Refer to Attachment 1 of this report to review these specific provisions. It is important to note that the program requires not only tracking of rentals, but also requires periodic notification to the owners about the duty to collect and remit TOT for rentals of less than 30 days. The applicant believes these requirements are no longer consistent with the Development Agreement payment methodology, since annual payments - which would have provided owners with an incentive to rent their units — have been omitted. Staff does not believe that the annual payment and rental tracking system requirements are intrinsically connected, in that certain owners will elect to rent their units, and to the extent such rentals occur, the rental tracking system will help to ensure that transient occupancy tax is appropriately collected and remitted to the City. The provisions are in separate sections of the Agreement. In the past, the City has treated the rental tracking/rental management as separate obligations from annual payments. For example, in Legacy Villas, the City imposed an obligation of annual payment that could potentially sunset if certain thresholds are met, but also required that the rental tracking system and rental management program requirements survive the termination of the annual payment requirements. The benefits of a rental tracking system are to ensure property owners who choose to rent their units comply with the City's TOT ordinance for short-term rentals and to monitor rental activity. Additionally, it ensures that the property owners receive periodic information about their legal duty to impose, collect, and remit TOT. The applicant testified that the project should generate approximately $2,000,000 in TOT over the first ten years of the project. Staff believes that without a rental tracking system, it is doubtful that all property owners who rent their properties will comply with the City's TOT ordinance. Upon review of the City Council minutes, including testimony, discussion and City Council motion of approval, the removal of the rental tracking/management program was not discussed. The testimony, discussion, and motion focused on the proposed annual fee, initial payments and Revenue and Taxation Code (used to define resales). Accordingly, the City Attorney and staff revised the Development Agreement in accordance with staff's understanding of the City Council motion. If the Council elects to omit the rental tracking system and rental management program requirements from the Development Agreement and City Declaration of 2 9 Covenants, Conditions and Restrictions, the ordinance approving Development Agreement 2006-011 will need to be reintroduced, to allow for the changes to be incorporated. The original materials provided with the April 1 City Council packet are still applicable, as there have been no changes to the project or the environmental documentation. This report is supplemental to all previous materials distributed, and relates solely to the Development Agreement. During the May 6, 2008 Council meeting, City staff responded to a City Co ' uncil question regarding Watermark Villas. Subsequent to the Council meeting, staff double checked this project's condition of approval. Watermark Villas is not required to implement a rental tracking system. The conditions do require compliance with the City's TOT ordinance. FINDINGS AND ALTERNATIVES: Findings necessary to approve the various development applications can be made and are contained in the attached Resolutions and Development Agreement Ordinance. The alternatives available to the City Council include: 1 Adopt Ordinance No. 457 as originally introduced, approving Development Agreement 2006-011 for the Eden Rock Project located within the PGA West Development with the inclusion of the rental tracking system and rental management program requirements (Attachment 1); or 2. Move to re -introduce Ordinance No. 457, approving Development Agreement 2006-011 for the Eden Rock Project located within the PGA West Development without the inclusion of the rental tracking system and rental management program requirements (Attachment 2) by title and number only and waive further reading; and Move to re -introduce Ordinance No.457 on first reading, approving Development Agreement 2006-011, with the omission of the rental tracking system and rental management program requirements (Attachment 2). n L 94 4. Continue this items to a date specific; or 5. Provide staff with alternative direction. Respectfully submitted, ,04 Douglas R. rvans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments 1 Development Agreement (with rental tracking system and rental management requirements) 2. Development Agreement (without rental tracking system and rental management requirements) 295 ORDINANCE NO. 457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND CROWNE POINTE PARTNERS, LLC. DEVELOPMENT AGREEMENT 2006-011 EDEN ROCK AT PGA WEST WHEREAS, California Government Code Section 65864 et seq. (the "Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning, and identifying the economic costs of such development; and WHEREAS, the Planning Commission of the City of La Quinta did, on the 8" day of January, 2008, hold a duly noticed Public Hearing to consider Development Agreement 2006-011, and did in fact adopt Planning Commission Resolution 2008-006, recommending its approval to the City Council; and, WHEREAS, the City Council of the City of La Quinta, California ("City Council"), did on the 1s' day of April, 2008, hold. a duly noticed public hearing to consider Development Agreement 2006-011; and , WHEREAS, at said City Council Public Hearing, (continued to April 15, 2008), said City Council heard and considered all testimony and arguments, if any, of all interested persons wanting to be heard, and now makes the following mandatory findings to justify approving the Development Agreement: The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs of the City of La Quinta General Plan, and the Conditions of Approval for the Eden Rock at PGA West project under Specific Plan Amendment 83-002, Amendment No. 6, Tentative Tract 33226; and Site Development Permit 2006-852, as approved and adopted under La Quinta Planning Commission Resolutions 2008-003, 2008-004 and 2008-005, respectively. The applications to be implemented in conjunction with Development Agreement 2006-011, will not be developed in any manner inconsistent with the General Plan land use designation of Resort Mixed Use and other current City standards when considering the conditions as imposed, and the requirements of the Development Agreement. General Plan Amendment 2006-107, Zone Change 2006-127 and applicable Specific 2) 9 6 Ordinance No. 457 Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: Page 2 Plan 83-002, Amendment No. 6, designate the project site within the PGA West Specific Plan as Resort Mixed Use under the General Plan, and Tourist Commercial, with a Residential Specific Plan overlay under the Zoning Code. These designations permit the proposed 264-unit condominium/townhome project as a residential use with resort amenities. Use of this overlay is appropriate, in conjunction with the Specific Plan amendment, to facilitate the residential project proposed and the integration of a residential land use component into the existing Tourist Commercial zoning as set forth in the Specific Plan. Further, residential use of the site is permitted with approval of Development Agreement 2006-011, that ensures a funding mechanism to be in place, to financially offset the conversion of the original hotel/resort site to a residential use. 2. The land use authorized and regulations prescribed for the Development Agreement are compatible with the zoning and its related regulations now applicable to the property. The site is now zoned Tourist Commercial/Residential Specific Plan Overlay, and regulations as stipulated for said zoning ensures that residential use of the site will only be permitted with approval of a Development Agreement that ensures a funding mechanism to be in place, through certain mitigation payments, to financially offset the conversion of the original hotel/resort site to residential use. 3. The proposed Development Agreement is in conformity with the public necessity, convenience, general welfare and good land use practice. The Development Agreement will allow development of residential uses at varying residential densities, and ensure provision of a desirable and functional community environment and effective and efficient development of public facilities, infrastructure, and se'rvices appropriate for the development of the Project. It will also ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project, which costs would have been recovered if the site were developed as currently entitled, for a 1 000-room resort hotel, conference center and 100,000 square feet of resort retail. The Development Agreement contains provisions to ensure this compensation through certain mitigation payments, which is intended to financially offset the conversion of the original hotel/resort site to residential. 297 Ordinance No. 457 Development Agreement 2006-011 Crowns Pointe Partners, ILLC Adopted: Page 3 4. Approval of this proposed Development Agreement will not be detrimental to the public health, safety and general welfare. All immediately surrounding property is zoned for residential or golf course use development. Development of the site as a residential use, while at a higher density than the residential properties surrounding the site, will not significantly impact quality of life for area residents. The project application for a 264-unit residential condom iniu m/townhome development of one and two-story structures, is determined not to be a detriment to the community, in light of the currently approved entitlements, which could allow for a 1,000-room hotel of six stories, conference center and 100,000 square feet of resort retail use for the site. 5. Approval of this proposed Development Agreement will not affect the orderly development of property or the preservation of property values. Development of the subject site, pursuant to project application and this Development Agreement, will enhance property values for other surrounding area properties, as it facilitates development of a high -quality residential complex with a resort emphasis, without the negative compound traffic and other impacts associated with the site as currently entitled, for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. 6. Approval of this proposed Development Agreement will have a positive fiscal impact on the City, in that implementation of the Development Agreement will produce revenues through certain mitigation payments associated with the loss of transient occupancy taxes due to the proposed residential use of the site, in lieu of current land use entitlements as previously approved for a 1,000-room resort hotel, conference center and 100,000 square feet of resort retail. These mitigation payments will ensure compensation for costs of potential additional public services that the project will generate, and added wear and tear on the municipal infrastructure which will result from the project. 7. Consideration of this Development Agreement has been accomplished pursuant to California Government Code Section 65864 et seq. and the City of La Quinta Municipal Code Section 9.250.030, which governs Development Agreements. 293 Ordinance No. 457 Development Agreement 2006-011 Crowns Points Partners, LLC Adopted: Page 4 WHEREAS, all actions required to be taken by the City precedent to the adoption of this Ordinance have been regularly and duly taken. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California that it does ordain as follows: SECTION 1. APPROVAL. The City Council hereby approves and adopts the Development Agreement attached as Exhibit "A" in the form presented to the City Council concurrent with the approval and adoption of this Ordinance, and authorizes and directs the City Manager to sign the Development Agreement on behalf of the City, and the City Clerk to record the Development Agreement in the Official Records of Riverside County in accordance with applicable law. SECTION 2. ENVIRONMENTAL. The environmental determination for the Eden Rock Project at PGA West, as evidenced by City Council certification of a Subsequent Environmental Impact Report (SCH #2007061056) prepared pursuant to the California Environmental Quality Act, was confirmed and adopted by the City Council, on April 15, 2008. Said determination, along with the City Council approval of the Eden Rock at PGA West Project applications on April 15, 2008, extends to include this Development Agreement, based on its incorporation as part of the overall project, as defined under CEQA. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2008, by the following vote: n 2) 4A Ordinance No. 467 Development Agreement 2006-011 Crowns Pointe Partners, LLC Adopted: Page 5 AYES: NOES: ABSENT: ABSTAIN: LEE M. OSBORNE, Mayor Pro Tern City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 300 Ordinance No. 457 Development Agreement 2006-011 Crowne Pointe Partners, LLC Adopted: Page 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA I 1, VERONICA MONTECINO, 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. 457 which was introduced at a regular meeting on the 15t' day of April, 2008, and was adopted at a regular meeting held on the day of 2008, not being less than five 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 No. 2006-115. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING 1, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on pursuant to Council Resolution. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California Sol ATTACHMENT I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La. Quinta, CA 92253 Attn: City Clerk Space Above Tbis Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ("CITY") AND CROWN POINTE PARTNERS, LLC ("DEVELOPER") 302 882/015610-0096 798896 11 aO5/06/08 TABLE OF CONTENTS Page 1.0 GENERAL ........................................................................................................................ 3 1.1 Tenn ...................................................................................................................... 3 1.2 Effective Date . ...................................................................................................... 3 1.3 Amendment or Cancellation ................................................................................. 3 1.4 Termination . ......................................................................................................... 3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT ........................................................................... 3 2.1 Right to Develop ................................................................................................... 3 2.2 Project Components .............................................................................................. 5 2.3 Additional Applicable Codes and Regulations ..................................................... 5 2.4 Developer Impact Fees . ........................................................................................ 6 2.5 Permitted Density, Height and Use Limitations ................................................... 6 2.6 Limitation on Future Development Restrictions . ................................................. 6 2.7 Timing of Development ........................................................................................ 6 3.0 DEVELOPER'S OBLIGATIONS . .................................................................................. 7 3.1 Conditions of Approval . ....................................................................................... 7 3.2 Covenants, Conditions and Restrictions ............................................................... 7 3.3 Payments to City by Developer . ........................................................................... 8 3.4 Dedications and Improvements . ........................................................................... 9 3.5 Payment of Fair Share of Mitigation Measures .................................................... 9 3.6 Indemnification ................................................................................................... 10 4.0 CITY'S PROCESSINGAND APPROVALS ................................................................ 10 4.1 Scope of Subsequent Review/Confirmation of Compliance Process ................. 10 4.2 Project Approvals Independent . ......................................................................... 11 4.3 Review for Compliance . ..................................................................................... 11 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION . .................................................. 11 5.1 Notice of Default . ............................................................................................... 11 5.2 Cure of Default . .................................................................................................. 12 5.3 City Remedies ..................................................................................................... 12 5.4 Developer's Exclusive Remedies . ...................................................................... 12 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ................................. 13 6.1 Encumbrances on the Project Site . ..................................................................... 13 6.2 Mortgage Protection . .......................................................................................... 13 6.3 Mortgagee Not Obligated . .................................................................................. 13 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure . .......................... 13 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT ......................................... 14 7.1 Successors and Assigns . ..................................................................................... 14 7.2 Sales in Normal Course of Business ................................................................... 14 '82/015610-0096 798896 11 aO5/06 08 303 Page 7.3 Assignment by City . ........................................................................................... 14 8.0 MISCELLANEOUS ....................................................................................................... 15 8.1 Notices . ............................................................................................................... 15 8.2 Force Majeure ..................................................................................................... 15 8.3 Binding Effect ..................................................................................................... 16 8.4 Independent Entity .............................................................................................. 16 8.5 Agreement Not to Benefit Third Parties ............................................................. 16 8.6 Covenants . .......................................................................................................... 16 8.7 Nonliability of City Officers and Employees . .................................................... 17 8.8 Covenant Against Discrimination . ..................................................................... 17 8.9 Amendment of Agreement . ................................................................................ 17 8.10 No Waiver ........................................................................................................... 17 8.11 Severability ......................................................................................................... 18 8.12 Cooperation in Carrying Out Agreement . .......................................................... 18 8.13 Estoppel Certificate . ........................................................................................... 18 8.14 Construction ........................................................................................................ 18 8.15 Recordation ......................................................................................................... 18 8.16 Captions and References . ................................................................................... 18 8.17 Time .................................................................................................................... 19 8.18 Recitals & Exhibits Incorporated; Entire Agreement ......................................... 19 8.19 Exhibits ............................................................................................................... 19 8.20 Counterpart Signature Pages . ............................................................................. 19 8.21 Authority to Execute; Representations and Warranties ...................................... 19 8.22 City Approvals and Actions . .............................................................................. 20 8.23 Governing Law; Litigation Matters .................................................................... 20 8.24 No Brokers .......................................................................................................... 20 EXHIBITS A LEGAL DESCRIPTION OF SITE B MITIGATION MONITORING PROGRAM C CITY DECLARATION OF CC&RS D COMPLIANCE CERTIFICATE E ASSIGNMENT AND ASSUMPTION AGREEMENT 882/015610-0096 ISO 11 798896 It a05/06 08 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2008 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company (die "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, the City Council (i) approved the PGA West Specific Plan, also known as Specific Plan 83-002, on May 15, 1984, by City Council Resolution No. 84-31, and all subsequent amendments thereto, including, without limitation, Specific Plan 83-002, Amendment #6, approved by City Council Resolution No. , on (collectively, the "Specific Plan"); (ii) certified an Environmental Impact Report prepared for the Specific Plan, on May 1, 1984, by City Council Resolution No. 84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent Environmental Impact Report (SCH No. 2007061056), certified by the City Council on , by City Council Resolution No. (collectively, the "EIR"); (iii) approved General Plan Amendment 2006-107, on , by City Council Resolution No. _ ("GPA Amendment 2006-107"); (iv) approved Zone Change 2006-127, on , by Ordinance No. ("Zone Change 2006- 127"); (v) approved Tentative Map 33226, on , by City Council Resolution No. ("TTM 33226"); and (vi) approved Site Development Permit 2006- 852, on by City Council Resolution No. _ ("SDP 2006-852"). D. Developer owns the 41.95 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of approximately two hundred sixty-four (264) resort units, as further described herein (the "Project"). E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a requirement that the Developer pay to the City a per -unit up front payment that the parties agree is designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result 882/015610-0096 798896.11 a05106/08 -2- 305 of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Project will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Project, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) obligating the Developer to enter into and record, against the Site, a "City Declaration of CC&Rs" (as that term is defined in Section 3.2.1 below) that sets forth certain requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to pay to the City a transfer payment upon the transfer of their Unit for purposes of compensating the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a) the Specific Plan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e) TTM 33226, (f) SDP 2006-852, (g) any future Site Development Permits issued for the Project, (h) any subsequent parcel or subdivision maps to be recorded on the Site, (i) any other approvals and permits issued for the Project, and 0) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (a)-(j) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. 1. On approving this Agreement. the City Council adopted its Ordinance No. 306 882/015610-0096 798896.11 a05/06/08 -3- AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below, and shall have no effect on the obligations imposed under the City Declaration of CC&Rs. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the Conditions of Approval) shall be deemed vested upon the Effective Date of this Agreement, save and except that any additional rights that would be created by subsequent, implementing approvals, such as site development permits, would not vest until the approval of such implementing approvals, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this 882/015610-0096 798896.11 a05/06/08 -4- 307 Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or die issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the recorded City Declaration of CC&Rs shall survive the termination of this Agreement, and except to the extent expressly specified otherwise in this Agreement, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement, including, without limitation, Section 9.140.080 of the La Quinta Municipal Code (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws") that are enacted or adopted on a City-wide basis; provided, however, that the City may enact or adopt New Laws which are not enacted or adopted on a City-wide basis if such New Laws are required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of funds or loss of access to funding or other resources); (iii) all subsequent development approvals and the conditions of approval associated therewith, if any; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. Notwithstanding anything herein to the contrary, the City may initiate and/or approve amendments to the Specific Plan without obtaining the consent of Developer, so long as they do not include any portion of the Site. 882/015610-0096 308 798896 11 aO5/06/08 -5- 2.2 Project Components. 2.2.1 The Project shall consist of two hundred sixty-four (264) resort units (each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: (i) Approximately one Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty- eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 2.2.2 Notwithstanding the mix of Units described in clauses (i), (ii) and (iii) above, and subject to the remainder of this paragraph, Developer shall be permitted to change the mix of Units, subject to (i) an administrative approval by the City Planning Director, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) if determined necessary by the City Planning Director, approval by the Planning Commission and City Council of amendments to SDP 2006-852 and TTM 33226. The decision of the City Planning Director shall be subject to appeal to the Planning Commission, and subsequently to the City Council, at the Developer's election. Notwithstanding any of the forgoing, nothing in this Section 2.2.2 shall be construed to permit Developer to exceed a total of two hundred sixty-four (264) Units without further environmental review under CEQA, as well as Planning Commission and City Council approval. 2.3 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.3.1 Building, Electrical, Mechanical, Fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date ' of this Agreement or as may be enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 2.3.2 In the event of fire or other casualty requiring reconstruction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes 8821015610-0096 309 798896 11 a05/06/08 adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.3.3 This Agreement shall not prevent the City from establishing any new City fees, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including, but not limited to the mitigation payments described in and required pursuant to the City Declaration of CC&Rs and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged; provided, however, that nothing in this Agreement shall permit the City to increase the amount of the mitigation payments described in and required pursuant to the City Declaration of CC&Rs, except as expressly provided therein. 2.4 Developer Impact Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, residential units. 2.5 Permitted Dens�y, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.6 Limitation on Future Development Restrictions. Except as otherwise expressly permitted by the terms of this Agreement, City shall not impose on the Project (whether by action of the City Council, Planning Commission, or City Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use designation, or permitted uses under the Development Plan that would reduce the density or intensity of development of the Project, or that would otherwise require any reduction in the total number of Units, square footage, floor area ratio, or height of buildings. 2.7 Timing of Development. Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Site, dedicate any land, or to otherwise meet or perform any obligation with respect to the City, except and only as a condition of development of any portion of the Site. The development schedule for the buildout of the Project shall be that solely established by Developer, consistent with the terms of this Agreement and the Development Plan; provided, however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006-852. 3 1 882/015610-0096 798996.11 a05/06/08 -7- 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval, which include and incorporate the mitigation measures specified in the Subsequent Environmental Impact Report for the Project (the "SEIR") so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program associated with the SEIR, as set forth in Exhibit "B" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond the Conditions of Approval may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of City Declaration of CC&Rs. Prior to, and as a condition of the City's issuance of any building permit for the Project, Developer shall have entered into with the City and recorded against the Site a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "C" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and each and every Unit developed thereon in perpetuity and shall survive the termination of this Agreement. 3.2.2 Recordation of Developer's CC&Rs. Prior to, and as a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's approval of, and record against the Site, a declaration of covenants, conditions, and restrictions (the "Developer CC&Rs") that (i) provides for the establishment of a homeowners' association (the "HOA"), (ii) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; (iii) provides for the HOA's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 of the City Declaration of CC&Rs; (iv) provides for each owner of a Unit to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (v) discloses to the owners of the Units the requirement in the City Declaration of CC&Rs that the owners pay to the City a transfer payment upon sale, transfer, or conveyance of their Unit. The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are required hereby, and shall require the written approval of the City prior to any amendments thereto to any of the provisions which are required hereby, which approval shall not be unreasonably withheld or delayed. If the California Department of Real Estate ("DRY) refuses to approve the CCRs in the form approved by the City, and the Developer has used all 882/015610-0096 798896 It a05/06/08 -8- 3il reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 3.3 Payments to City by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of One -Time Mitigation Payments. Developer shall pay to the City, for each Unit in the Project, with such payment due upon the first close of escrow for each such Unit, three quarters of one percent (.75%) of Developer's actual and full sales price for the Unit, inclusive of all Developer -installed options and upgrades, with the amount of such sales price verified by the City. At the time Developer submits any of the foregoing payments to the City, Developer shall include therewith a copy of the final HUD Settlement Statement prepared by the escrow officer handling the closing for such Unit, for purposes of City's verification of the required payment amount. 3.3.3 Other Fees and Charges; Assessment Atmeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including, but not limited to, transient occupancy taxes; provided, however, that subject to the following two sentences, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. $82/015610-0096 798896, It aO5/06/08 -9- 312 3.3.4 Developer's Grant Deed. Prior to, and as a condition of, the City's issuance of a certificate of occupancy for any Unit in the Project, Developer shall provide to City a copy of the form of grant deed Developer intends to use in connection with the sale of Units to third party purchasers (the "Developer's Form of Grant Deed"). The Developer's Form of Grant Deed shall contain a reference to Section 1.5 of the City Declaration of CC&Rs and shall recite the terms thereof Upon City's review of Developer's Form of Grant Deed, and confirmation that Developer's Form of Grant Deed complies with the requirements of this Section 3.3.4, Developer shall not any make changes thereto that revise, directly or indirectly, the language required hereby, without obtaining the City's prior written consent. At the time Developer submits any of the payments required by Section 3.3.2 above to the City, Developer shall include therewith a copy of the grant deed recorded at the closing for which payment is being submitted. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Payment of Fair Share of Mitigation Measures. Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to the City the Project's fair share of the cost to construct certain intersection improvements identified in mitigation measures 11.0-3 and 11.0-4, including right-of-way acquisition (collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate"). Prior to and as a condition of the City's issuance of the first building permit for the Project, Developer shall deposit with the City the fair share contribution of the Project, as set forth in Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate; provided, however, that if more than one (1) year has passed since Developer's submittal of the Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant to the construction cost index. The amount of any such adjustment shall be earmarked to be utilized only for the Fair Share Improvements. In the event the City determines that any of the Fair Share Improvements are not feasible, the City may use all of the funds deposited by Developer for the Fair Share Improvements (including any adjustment) for other improvements which the City determines will improve the level of service ("LOS") at the intersections identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the LOS cannot feasibly be improved at such intersections by using Developer's fair share contribution, or that only a portion of Developer's fair share payment can be used to feasibly improve the LOS at the intersections, the Developer's fair share payment (or any unused portion thereof) shall be returned to the Developer within ninety (90) days of such determination by the City. Developer may audit the City's use of Developer's fair share payment to determine if Developer is owed any refund. If the Fair Share Improvements become part of the City's 882/015610-0096 798896 11 a05/06/09 -10- Development Impact Fee after the Developer deposits the fair share payment with the City, such payment shall be credited against any Development Impact Fee obligation for the Fair Share Improvements. 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and liability and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City in the litigation, either by providing legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the City in the defense of litigation. (b) In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 4.0 CITY'S PROCESSING AND APPROVALS. 4.1 Scope of Subseguent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta. Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "13", which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 882/015610-0096 798896 11 a05/06/08 8.14 4.2 Proiect Approvals Independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review this Agreement, including Developer's compliance with the terms hereof, at least once during every twelve (12) month period following the Effective Date of this Agreement, iriaccordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to furnish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 5.0 DEFAULT� REMEDIES � DISPUTE RESOLUTION, 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 882/015610-0096 798896 11 aO5/06/08 -12- 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) business days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 5.3 City Remedies. In the event of a default by Developer of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 above, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance and the Development Agreement Act. In no event shall the City be entitled to exemplary or punitive damages for any Developer default. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief (except for attorney's fees as provided in this Agreement) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 3A 882/015610-0096 798896 It aO5/06/08 -13- 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit the Developer from encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value (a "Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 Mortgage Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 Mortgagee Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request therefor to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) business days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) business days [thirty (30) days for non -monetary defaults], to commence to cure, correct, or remedy the default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and to continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or 882/015610-0096 798896 11 a05/06/08 -14- 317 remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. For purposes of this Section 6.4, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assijzns. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without the consent of the City. Any such sale or transfer shall require, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part (as applicable), of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any further obligations under the terms of this Agreement, without any further action of the parties, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer and Developer's transferee have submitted a fully executed assignment and assumption agreement in a form set forth in Exhibit E. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a Unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the Unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual Units under the provisions in the City Declaration of CC&Rs and the Developer CC&Rs which implement this Agreement. Ilis release shall in no way limit the duties and obligations of the Developer, and shall in no way release the Units from any of the obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which shall survive such release. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 3A 882/015610-0096 798996,11 aO5/06/08 -15- 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7100 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714)641-5100 Facsimile: (714) 546-9035 To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Attn: Louis Swart Telephone: (503) 670-9300 Facsimile: (503) 670-9400 With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attn: James D. Vaughn, Esq. Telephone: (805) 446-1496 Facsimile: (805) 446-1490 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Maieure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts 882/015610-0096 798996 11 aO5/06/08 -16- 319 of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Independent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. No joint venture is formed by this Agreement. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City's adjoining properties and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 882/015610-0096 798896 11 aO5/06/08 -17- 3 21 8.7 Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or in connection to this Agreement, or for any act or omission on the part of the City. 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, etseq.). 8.9 Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all reasonable costs City incurs in negotiating, preparing, and processing any alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.10 NoWaiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof 882/015610-0096 1 321 798896 11 aO5/06/08 -18- 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 8.12 Cooperation in Carrying Out Agreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Cavtions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this 322 882/015610-0096 798896.11 a05/06/08 -19- Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 8.18 Recitals & Exhibits Incorvorated; Entire Aareement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof 8.19 Exhibits. Exhibits "A" — "E" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Mitigation Monitoring Program C City Declaration of CC&Rs D Compliance Certificate E Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authori!y to Execute� Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 882/015610-0096 798896 11 a05/06/08 -20- 3 2 8.22 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governing La% Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.24 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 882/015610-0096 3 62 798996 11 aO5/06/08 -21- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER" CROWN POINTE PARTNERS, LLC, an Oregon limited liability company By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation 0 Thomas P. Genovese City Manager F1110061 Veronica J. Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney 3 2) 882/015610-0096 798896 11 aO5/06/08 -22- STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are su scribed 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 3 , f, 2 D 82/015610-0096 -23- 799896 11 a05/06/09 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40'40'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87*56'22:: EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32 EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; T14ENCE SOUTH 44'42'29" EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26032'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57-08'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43-45'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30-13,14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19-56'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 882/015610-0096 798896 11 a05106/08 327 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16'40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 0000011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40'45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 882/0156�0-0096 1 328 798896 1 aO5/06/08 -2- EXHIBIT "B" MITIGATION MONITORING PROGRAM [See follovAng document] 882/015610-0096 3 2) 798896 11 a05/06/08 0 0 U 0. o — cd Cd u tw 'r, "a 0 o 0 00 Cd a) 4 , 00 C5 kn 0 0 aw gLo N�, uo C:) C:) 0 (= rN .�o r4 cq 4) C-1 00 0 rq 00 U to rq (U, o > > u t= rq U C'n cn u z z w F* 77 Z� u u w 0 r. 0 0 u > u M E� to 2 A CZ �T. z - "Z Z 0 t A 4) E3 0 El 0 0 C� u �J4 4� u 0 ;:1 10 u L. 99 '�',3 3 0 1pv 4.) > w 0 2s or. 04 P6 iz < i;� .0 rl 0 0 rl 0 a4 P� 04 u u u u 4-i �To CL. 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W 0 04 " 0 :z �r. m 15 tu 0 -0 0 0 0 0" 0 r 0 00 0 > —0 0 cd 0 -5 4 n 2 0 0 11 0 0 (ON 9 z �2 U QOD 95- z >1 0 sl m �a w z 2 0 raw Cd C.0) 061 z z —14 to z s -TZI co cnl 4", oq od .0 TF r�- >1 2 uo r- 0 wz lo t kn 0 0 4;l (D 15 -,;:: cd -'s 0 E to a) 4) > U = 0 U 0- 0 W 0 � t; .2 o 7F. o Or- > 'o R 53 (U 53 7:1 cd 0 tj Jb w Goo Q) I-E ww t m EXHIBIT "C" CITY DECLARATION OF CC&RS [See following document] ' 82/015610-0096 338 798896 11 a05/06/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager )ace Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27383) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company ("Developer"). R E C I T A L S: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property a resort project with associated amenities (the "Project"). C. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about I which was recorded on as Instrument No. I in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and as a condition to the City's issuance of any building permits for the Project, Developer is required to have executed this Declaration and recorded it against the Property. D. City has fee and/or casement interests in various streets, sidewalks, and other property within the City (the "Benefited Public Property"), and is responsible for planning of land uses within the City in such a manner as to provide for the health, safety, and welfare of the residents of the City. The Benefited Public Property is legally described in Exhibit "B", attached hereto and incorporated herein by this reference. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1. 1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions on the Property and on each and every conveyance of the (i) Property, and (ii) the Units without express reference thereto in the deed evidencing such conveyances. 892/015610-0096 339 799454 08 aO5/06/08 DECLARATION NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of themselves and the successors and assigns of Developer, including, but not limited to, the owners of the Units (each, an "Owner," and collectively, the "Owners") including for the benefit of City, as follows: 1. Restrictive Covenant. 1.1 Proiect Accommodations. The Project includes two hundred sixty-four (264) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are described as follows: (i) Approximately One Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty-eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units (the "Manor Homes") shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit, and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 1.2 Recordation of Covenants, Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's approval of, and record, covenants, conditions and restrictions against the Property which, in addition to the obligations set forth in the Conditions of Approval, (i) shall provide for establishment of a homeowner's association for the Project (die "Association"); (ii) shall provide for the Association's operation of a rental tracking system pursuant to the requirements set forth in Section 1.3 below (the "Rental Tracking System") and establishment of a rental management program pursuant to the requirements set forth in Section 1.4 below; (iii) shall provide for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 below; (iv) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and the Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; and (v) discloses to the Owners of the Units the requirement set forth in Section 2.4 below that the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their Unit (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.21 and shall require the written approval of the City prior to any 340 882/015610-0096 799454.08 a05106/08 amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the California Department of Real Estate ("DRE") refuses to approve the Developer CC&Rs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Declaration. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any certificates of occupancy for the Units. 1.3 Rental Tracking System. The Association shall establish and operate throughout the term of this Declaration the Rental Tracking System to be administered by the Association or its agents or contractors. The Developer or Association shall notify the City of the name and contact information of the administrator of the Rental Tracking System (the "Administrator") on or before the date that the first certificate of occupancy is issued for any of the Units. Each Owner (or such Owner's agent) shall report any rental of such Owner's Unit to the Administrator if such Unit is not rented through the Rental Tracking System. Each Owner shall be responsible for reporting to the Administrator the following information for all rentals of their Units: (a) the Unit rented; (b) the term of the rental, including the first and last day; (c) the rental payment charged; (d) the rental agent, if any; and (e) the name of the renter. The Administrator shall use all reasonable diligence to assure that all such information is collected. The Administrator shall provide monthly written reports summarizing the information collected pursuant to clauses (a) through (e) above, inclusive, as an aid to the City in assuring that the proper collection of applicable transient occupancy tax (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code ("TOT") is occurring. The City shall have the right to audit the records of the Administrator upon two business days written notice to the Administrator. It shall be the obligation of the Association to notify the City of any redesignation of the Administrator. On an annual basis, the Administrator shall provide an information brochure to all Owners of Units describing: (1) the obligation to collect TOT on all rentals; (2) the obligation in the Developer CC&Rs that Owners or their agents report all rentals to the Administrator; and (3) contact information for the Administrator and rental management opportunities that are known to be available to the Owners pursuant to Section 1.4 below. The City Planning Director shall approve the brochure prior to its distribution. The City's approval of the brochure will not be unreasonably withheld. 1.4 Rental Management Program. The Association shall be responsible for ensuring that for the term of this Declaration, one or more contract(s) shall be in effect at all times which provide opportunities to the Owners of the Units to have the ability to make their Units available for rental. The contract or contracts may, but are not required to be, with an on - site rental management agent. All rentals of Units for thirty (30) days or less are subject to compliance with Chapter 3.24 of the La Quinta Municipal Code. 1.5 Transfer PMnent Due on Sale of Unit. Each Owner of a Unit shall be required to pay to the City, prior to such Owner's grant, assignment, transfer, or conveyance to, or vesting in, a purchaser or purchasers, or any other person or persons, by such purchaser or purchaser's direction, of the Owner's Unit, or any interest therein, when the consideration or value of the Unit or interest conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds One Hundred Dollars ($100), a payment (each such payment a "Transfer Payment") in the amount of 0.55 of one percent (.55%) of the total 341 882/015610-0096 799454.08 z05/06/08 consideration received by the Owner for the Unit or interest therein, with the amount of such consideration verified by the City. At the time the Owner submits the applicable Transfer Payment to the City, the Owner shall include therewith a copy of the Final HUD Settlement Statement prepared by the escrow officer handling the closing for such Unit, if such grant, transfer, assignment, or conveyance is handled through an escrow, or such other similar documentation in the event the grant, transfer, assignment, or conveyance is not being handled through an escrow, for purposes of City's verification of the required Transfer Payment amount. Said escrow officer is hereby instructed, and the Owner shall further provide instruction to him or her, to pay to the City the applicable Transfer Payment out the consideration paid or to be paid to the Owner for the Unit or interest therein, concurrently with the payment of property taxes and assessments owed on the Unit and prior to the grant, transfer, assignment or conveyance. Developer, on behalf of itself and its successors and assigns, including, without limitation, the Owners of the Units, acknowledges and agrees that the parties intend that an obligation to pay a Transfer Fee arises in any instance in which there is an obligation to pay documentary transfer tax, as set forth in Revenue and Taxation Code Section 11901 et seq (the "Documentary Transfer Tax Law"), as the Documentary Transfer Tax Law exists as of the "Effective Date" (as that term is defined in Section 2 below). A copy of the current Documentary Transfer Tax Law is attached hereto and incorporated herein as Exhibit "C". For example, if an Owner sells his or her Unit for a sales price of $500,000, the Owner shall pay to the City a Transfer Payment in the amount of $2,750. The City and Developer shall record, concurrently with the recordation hereof, an instrument titled "Payment of Transfer Fee Required," the form of which is attached hereto and incorporated herein as Exhibit "D". Each grant deed pursuant to which Developer shall transfer a Unit to a third party purchaser shall make reference to this Section 1.5 and shall recite the terms hereof 2. Term. This Declaration shall become effective on the date on which it is recorded with the Riverside County Recorder's Office (the "Effective Date") and shall continue in full force until the earlier to occur of (i) the date on which the City permanently revokes the certificate of occupancy for one or more Units or for the Project; provided, however, that in such event this Declaration shall cease to be effective only as to the Unit(s) or portions of the Project for which the certificate of occupancy has been revoked, and all other Units and portions of the Project shall continue to remain subject to this Declaration; or (ii) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City. 3. Covenants Running With the L . Developer declares that the Property and all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the benefit of the Units and to comply with the Conditions of Approval. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Developer's successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of the Benefited Public Property and each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 4 2 882/015610-0096 799454 09 a05/06108 4. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the Transfer Payments required to be made to the City pursuant to the terms of this Declaration. 5. Default; Remedim Dispute Resolution. 5.1 Notice of Default. In the event of failure by Developer, the Association, or the Owners of Units to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to the defaulting party a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, the defaulting party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer, its successors in interest, the Association, or the Owners of the Units of the terms of this Declaration, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Declaration. 6. Miscellaneous. 6.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 PhoneNo.: 760-777-7100 FacsimileNo.: 760-777-7101 Attention: Assistant Executive Director 343 882/015610-0096 799454A s05/06/08 With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 PhoneNo.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Phone No.: (503) 670-9300 Facsimile No.: (503) 670-9400 Attention: Louis Swart With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Phone No.: (805) 446-1496 Facsimile No.: (805) 446-1490 Attention: James D. Vaughn, Esq. Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or reftised, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 6.2 Force Maieure. In addition to specific provisions of this Declaration, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed Or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City or the Agency shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Declaration may also be extended in writing by the City and the Developer. ') '82/015610-0096 799454 08 a05/06/08 Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 7.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development or operation of the Project, or because of economic or market conditions. 6.3 Books and Records. Upon not less than forty-eight (48) hours written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project which are relevant to an audit by the City of Developer or its successor in interest's compliance with the terms of this Declaration. 6.4 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the Owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the payments required to be made hereunder. 6.5 Mortgagee Protection. No portion of this Declaration or any amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 6.6 Governing Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 6.7 Interpretation; Incorporati . This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 6.8 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 6.9 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 6.10 Counterparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 6.11 Successors and AssigLis. All of the terms, covenants and conditions of this Declaration shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Declaration, such term shall include any other permitted successors and assigns as herein provided. 6.12 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Declaration to be performed by the other party shall not be 882/015610-0096 345 799454 08 aG5/06/09 construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Declaration. 6.13 Severability. If any term, provision, condition or covenant of this Declaration or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Declaration, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 6.14 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Declaration. 6.15 Non -Liability of Officials and Employees of the City. No member, official or employee of the City shall be personally liable to the Developer, 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 Developer or its successors, or on any obligations under the terms of this Declaration. 6.16 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 3 4 6 882/015610-0096 799454.08 aO5/06/08 IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney "CITY" CITY OF LA QUINTA, a California municipal corporation M City Manager "DEVELOPER7 Lo Its: 882/015610-0096 347 799454.08 a05/06/08 State of California County of — On before me, (here insert narne and title of the officer) Notary Public, personally appeared who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) State of California County of On before me, , Notary Public, (here insert natne and title of the officer) personally appeared I who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) I 348 8821015610-0096 799454 08 aO5/06/08 -10- EXHIBIT A TO CITY DECLARATION OF CC&RS LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40-40'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53*20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; THENCE SOUTH 44'42'29" EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00' WEST, 209.79 FEET; T14ENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19-56'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAD) CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16'40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE 349 882/015610-0096 EXHIBIT A 799454 08 aOS/06/08 WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00-0011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40*45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 350 '82/015610-00% 799454 08 aO5/06/08 EXHIBIT A EXHIBIT B TO CITY DECLARATION OF CC&RS LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY [see following documents] 351 882/015610-0096 799454 08 a05106/09 EXHIBIT B CMC ch"MS 0 E S C R I P T 1 0 N The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: PARCEL 1: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at a point on the North line of said Northeast quarter of the Southwest quarter which bears South 89047'20" West, 966.90 feet from the centerline of said Section 6; thence South 0001213011 East, 632.10 feet parallel with the West line of said Northeast quarter of the Southwest quarter to the North line of Lot "H" being also the North line of Avenida La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded in Book 20 Page 6 of Maps, in the Officie of the County Recorder of said County; thence South 89045130" West, 230.00 feet on the North line of said Lot "H"; thence North 72053130" West, 74-59 feet on the North line of said Lot "K"; thence on a curve concave to the Southwest on the Nor�herly line of said Lot "H" having a radius of 197.50 feet through an angle of 17 16'00". 59.52 feet to the West line of said Northeast quarter of the Southwest quarter of Section 6; thence North 0001213011 West, 601.30 feet on the West line of said Northeast quater of the Southwest quarter of Section 6 to the Northwest corner of said Northwest quarter of the Southwest quarter of Section 6; thence North 89047120" East, 360.00 feet on the North line of said Northeast quarter of the Southwest quarter of Section 6. to the point of beginning. EXCEPT the North 30.00 feet. PARCEL 2: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South ' Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: '82/013610-0096 799454 08 .05/06/08 EXHIBIT B Beginning at a point on the North line of said Northeast quarter of the Southwest quarter which bears South 89047'20" West, 706.90 feet from the center of said Section 6; thence South 0002213011 East, 631.96 feet parallel with the West line of the said Northeast quarter of the Southwest quarter to the North line of Lot "H" being also the North line of Avenida La Fonda, as shown on a map of The Desert Club Tract No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said County; thence South 8904513011 West 260.60 feet on the North line of said Lot 411; thence North 00012130" West. 632.10 feet parallel with the West line of said Northeast quarter of the Southwest quarter of the North line of said Northeast quarter of the Southwest quarter; thence North 8904712011 East, 260.00 feet on the North line of the said Northeast quarter of the Southwest quarter of Section 6, to the point of beginning. EXCEPT the North 30.00 feet. PARCEL 3: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at the center of said Section 6; thence South 00009130" East, 631.58 feet on the quarter section line to the North line of Lot 411, being also the North line of Avenida La Fonda, as shown by map of the Desert Club No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said County; thence South 8904513001 West, 7G6.35 feet; thence North 00012130" West, 631.96 feet to the North line of said Northeast corner of the Southwest quarter; thence North 89047120" East, 706.90 feet on the North line of said Northeast quarter of the Southwest quarter to the point of beginning. EXCEPT that portion described In deed from John L. Marshall and wife, recorded December 7, 1931 in Book 6, Page log of official Records as as Instrument No. 328. ALSO EXCEPT the North 30.00 feet. 353 982/015610-0096 EXHIBIT B 799454 08 a05/06/08 FIRE STATION The following described real property is situated in the City of La Quinta, County of Riverside, State o" C-14fornia. That portion of the northeast one -quarter of Section 16, Township 6 South - Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, described as follows: Commencing at the northeast quarter of Section 16 as shown on a Record of Survey, filed in Book 70, pages 96 through 98 inclusive, of Records of Survey, in the office of the County Recorder, of said County, said point also being the centerline intersection of 54th Avenue and Madison Street; Thence South 89* 031 03" West along the centerline of 54th Avenue, a distance of 460.00 feet;� Thence South 00* 569 57" East at right angles to the centerline of 54th Avenue, a distance of 50,X feet to a point on the southerly right of way line of 54th Avenue, said point being the point of beginning; Thence North 89* 031 031- East along the southerly right of way line of 54th Avenue, a distance of 383.96 feet; Thence South 46* 431 50" East a distance of 32.08 feet to a point on the westerly right of way line of Madison Street, and said point located 55.00 feet from the centerline of Madison street; Thence South 02' 301 40" East along the westerly right of way line of Madison Street, a distance of 272.10 feet; Thence West a distance of 12.00 feet to the beginning of a tangent curve, concave south easterly and having a radius of 38.00, through a central angle of 900 001 0011, an arc distance of 59.69 feet; Thence West a distance of 80.92'feet, to a point of a curve, concave southwesterly and having a radius of 174.00 feet, through a central angle of 289 291 1 56", an arc distance of 86.55 _feet; Thence North 45* 00' 00" West, a distance of 264.41 feet to the beginning of a tangent curve, concave southwesterly and having a raduis of 242.69 feet, through a central angle of 160 511 26", an arc distance of 71.40 feet; Thence North 00* 56' 57" West, a distance of 22.50 feet to the point of beginning. Consists of 1.954 Acres. r) U54 882/015610-0096 EXHIBIT B 799454.08 aO5/06108 ADJACENT STREETS: Streets, sidewalks, and all other public improvements contained within the following portions of public right of way: The portion of Avenue 54 located between Jefferson Street and Madison Street; The portion of Madison Street located between Avenue 54 and Avenue 58; The portion of Avenue 58 located between Madison Street and the Jefferson Street alignment. 355 182/015610-0096 799454 09 aO5/06/08 EXHIBIT B EXHIBIT C TO CITY DECLARATION OF CC&RS DOCUMENTARY TRANSFER TAX LAW [See following document] 3 50" 892/015610-0096 EXHIBIT C 799454 09 a05/06/08 DOCUMENTARY TRANSFER TAX ACT § 11901. Short tide This act is known and may be cited as the "Documentary Transfer Tax Act." (Added by Stats.1967. c. 1332, p. 3162, § 1, operative, Jan. 1, 1968. Amended b.% Stats.1968, c. 17, p. 160, § 3, eff. April 9, 1968, operative July 1, 1968.) § 11902. County defined "County" shall include a city and county. (Formerly § 11903 added by Stats.1967, c. 1332, p. 3162, § I operative Jan. 1. 1968. Renumbered § 1 1�02 and amended by Stats.1968, c. 17, p, 166, § 5. eff. April 9, 1968. operative July 1. 1968.) § 11903. Recorder defined "Recorder" means the recorder of a county. (Formerly § 11904. added by Stats.1967, c. 1332, p. 3162. § 1. operative Jan. 1. 1968. Renumbered § 11903 and amended by Stats.1968, c. 17, p. 161, § 6, eff. April 9. 1968, operative July 1. 1968.) § 11911. Imposition; instruments subject to tax; consideration or value of property; rate; credits (a) The board of supervisors of any county or city and county, by an ordinance adopted pursuant to this part, may impose, on each deed, instru- ment, or writing by which any lands, tenements, or other realty sold within the county shall be granted, assigned. transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value ot the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($ 100) a tax at the rate of fifty- five cents ($0.55) for each five hundred dollars ($500) or fractional part thereof. (b) The legislative body of any city which is within a county which has imposed a tax pursuant to subdivision (a) may, by an ordinance adopted pursuant to this part, impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred, or otherwise conveyed to. or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of one-half the amount specified in subdivision (a) for each five hundred dollars ($500) or fractional part thereof. (c) A credit shall be allowed against the tax imposed by a county ordinance pursuant to subdivision (a) for the amount of any tax due to any city by reason of an ordinance adopted pursuant to subdivision (b). No credit shall be allowed against any county tax for a city tax which is not in conformity with this part. (Added by Stats.1967, c. 1332, p. 3162. § 1, operative Jan. 1, 1968.) 3 5 7 892/015610-0096 EXHIBIT C 799454 08 aO5/06/08 § 11911. 1. Tax roll parcel number Any ordinance which imposes the documentary transfer tax may require that each deed, instrument or writing by which lands, tenements, or other realty is sold, granted, assigned, transferred, or otherwise conveyed, shall have noted upon it the tax roll parcel number. The number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern. The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number. (Added by Stats.1971, c. 102, p. 132, § 4, eff. May 25. 1971.) § 11912. Persons required to pay tax Any tax imposed pursuant to Section 11911 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1. 1968.) § 11913. Moblichome installed on a foundation system The transfer of any mobilehome installed on a foundation system, pursuant to Section 18551 of the Health and Safety Code, and subject to local property taxation shall be subject to this part. (Added by Stats.1979, c. 1160, p. 4360, § 11.) § 11921. Instrument securing debt Any tax imposed pursuant to this part shall not apply to any instrument in writing given to secure a debt. (Added by Stats.1967, c. 1332. p. 3162, § 1, operative Jan. 1. 1968,) § 11922. Instruments of United States, state, territory or political subdivi- sion, etc. Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title. (Added kv Stats.1967. c. 1332, p. 3162, § 1, operative Jan. 1, 1968. Amended by Stats. 1969. c� I iw, § 1; Stats.1969, c. 1108, § 1.) 0 358 882/015610-0096 EXHIBIT C 799454 08 aO5/06/08 I II9n Comeymem under reorganization or adjustment plans igg Any tax imposed pursuant to this part shall not apply to the making, delivering, or firing o conveyances to make effective any plan of reorgamization or adjustment that is any of the foilkwinr. (1) Confirmed under the Federal Bankruptcy Act 1, as amended. (2) Approved in an equity receivership proceeding in a court involving a railroad corporadim, as d,&ed in * - - Section 101 of Iltle I I of the United States Code, as arnended. Approved in an equity receivership proceeding in a court involving a corporation, w defined In Section lot of Intle 11 of the United States Code, as arnended 6 0 *. Whereby a mere change in identity, firm, or place of organization is effeeted. (b) Subdivision (a) * * * shall only apply if the making, deliveryi or filing of instruments of trander or conveyances occurs within five years from the data of the confirmation, approvak or change. (Added by Stats-1967, c. 133Z p. 316Z 11 1, operative Jan. 1. 1968. Amended by Stats2w, c. 588 (S.B.1852). § 620.) § 11924. Conveyances under order of securities and exchange commission Any tax imposed pursuant to this part shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954; ' but only if — (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;' (b) Stich order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order. (Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1. 1968.) 1 1192& Transfer of certain partnership property (a) In the cue of my realty held by a partnership or other entity treated as a mt� for federal LnM no levy shall be imposed pursuant to this put by reason of any transFer —ofm in m1up or ower entity o otherivibe, if both of the following occor,. (1) The partnership or other entr treated as a partnership in considered a continuing 0 M partnealp within the meardri—gof"We"Gion lub TM heRiernal Revenue Code of . . . (2) The continuing partnership or otber entity treated as a partnership ... tbmex to hold the realty concerri;a. (b) If therv� is a termination of my partnership or WgMerg� for federal k en'V= ne CW , income, tax purposes, within the meaning of Section IN tt-h f Lqw, for purposes of this part, the partnership or other entity shall be treated as having executed an instrument whereby them ivas co;Weyed, for fair t VAIM (exclusive of the value of any lien or encurnbrance remaining thereon), all realty held by tht partnership or other entity at the time of the termination. (c) Not more then me tax shall be imposed pursuant to this pan by a county, city and county or city by reason of a termination described In subdivision (b), and any transfer panuant thereto, with respect to the realty held by a partnership or other eP*Y treated sai a partnership at the time of the termination. (Added by State.1967, c. M, p. 3162, 1 1, operative Jan. 1, INS. Amended by Stats.1999, c. 75 (A.B.1428), 1 1.) 882/015610-0096 EXHIBIT C 799454.08 a05106/08 § 11926. inapplicability to deed instrument or writing to beneficiary or mortgagee taken in lieu of foreclosure; exception; notations required on deed, etc., affidavit Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declara- tion under penalty of perjury for tax purposes. (Added by Slats, 197 1, c. 417, p. 804, § 1. Amended by Slats. 1973, c. 645, p. 1188, § 1; Stats.1974, c. 413, p. 1003. § 1.) § 11927. Deed, instrument or other writing which purports to transfer, divide or allocate property assets between spouses under judg. ment of dissolution of marriage, separation or agreement In contemplation of judgment or order (a) Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi -community, or quasi -marital property assets be- tween spouses for the purpose of effecting a division of community, quasi - community, or quasi -marital property which is required by a judgment decree- ing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or b * y a written agreement between the spouses, executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders. (b) In order to qualifv for the exemption provided in subdivision (a). the deed, instrument, or other writing shall include a written recital, signed 13), either spouse, stating that the deed. instrument, or other writing is entitled to the exemption. (Added bv Slats. 198 1, c. 985, p. 382 1. § 1. Amended by Slats. 1992, c. 163 (A. B.264 1), § 133, operative Jan. 1, 1994.) § 11928. Deed, Instrument or other writing for conveyance of realty by state or political subdivision or agency with agreement for purchaser to reconvey Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. (Added bv Slats. 1987, c. 30 1. § 1.) ')60 0 982/015610-0096 EXHIBIT C 799454.08 a05/06/08 § 11929. Deed, instrument, or other writing for conveyance by state, politi- cal subdivision or agency of realty financed by obligations issued by nonprofit corporation Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1. 103-1 (b) of Title 26 of the Code of Federal Regulations. (Added bv Stats. 1987. c. 30 1. § 2.) 1 11930. later vivag gifts or death; tran"dions for lands, tenements, or realty, or Interests therein Any tax imposed pursuant to this put ohWI not apply to any deed, instrument, or other writing which purports to grant, waWt, trander, convey, divide, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such lands, tenement, realty, or interests therein are transferred outright to, or in trust for the benefit of, my person or entity. (Added by State.1996, e. 862 (A-B-2751). § 48.) § 1193 1. credit against county tax if the legislative body of any city imposes a tax pursuant to subdivision (b) of Section 11911 equal to one-half the amount specified in subdivision (a) of Section 11911, the county in which such city is located shall grant a credit against the county tax in the amount of the city tax if the city's tax conforms to this part. The county shall collect all taxes imposed pursuant to this part and the county auditor shall allocate the proceeds as follows: (1) All money which relates to transfers of real property located in unincor- porated areas of the county or in a city and county shall be allocated to the county or city and county, as the case may be. (2) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property pursuant to this par-t shall be allocated one-half to such city and one-half to the county. (3) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property not in conformity with this part shall not be credited against the county tax and the entire amount collected by the county shall be allocated entirely to the county. (4) All money which relates to transfers of real property in a city which does not impose a tax on transfers of real property shall be allocated entirely to the county. (Formerly § 11932. added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968. RLnumbered § 11931 and amended by Stats.1968, c. 17, p. 161, § 8. eff. April 9, 1968, operative July 1, 1968.) 001 882/015610-0096 799454 08 aO5/06/08 EXHIBIT C § 11932. Submission of documents subject to tax for recordation; facts to be shown If a county has imposed a tax pursuant to this part, every document subject to tax which is submitted for recordation shall show on the face of the document the amount of tax due and the incorporated or unincorporated location of the lands, tenements or other realty described in the document. if the party submitting the document for recordation so requests, the amount of tax due shall be shown on a separate paper which shall be affixed to the document by the recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code. (Added by Stats.1968, c. 17, p. 161, § 9. eff. April 9, 1968, operative July 1, 1968.) § 11933. Payment of tax as prerequisite to recording if a county has imposed a tax pursuant to this part, the recorder shall not record any deed, instrument or writing subject to the tax imposed pursuant to this part, unless the tax is paid at the time of recording. A declaration of the amount of tax due, signed by the party determining the tax or his agent, shall appear on the face of the document or on a separate paper in compliance with Section 11932, and the recorder may rely thereon; provided he has no reason to believe that the full amount of the tax due has not been paid. The declaration shall include a statement that the consideration or value on which the tax due was computed was, or that it was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. Failure to collect the tax due shall not affect the constructive notice otherwise imparted by recording a deed, instrument or writing. (Added by Stats. 1968, c. 17, p. 16 1, § 11. elf. April 9, 1968, operative July 1, 1968. Amended by Stats. 1969, c. 1102, § 2.) § 11934. Claims for refunds; law governing Claims for refunds of taxes imposed pursuant to this part shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division I of this code. (Formerly § 11935, added bv Stats.1967, c. 1332, p. 3169, § 1. operative, Jan. 1, 1968. Renumbered § 11934 and amended by Stats.1968, c. 17. p. 162, 4 13, eff. April 9. 1968, operati%e MY 1, 1968.) 362 $82/015610-0096 EXHIBIT C 799454 08 aO5/06/09 EXHIBIT D TO CITY DECLARATION OF CC&RS FORM OF PAYMENT OF TRANSFER FEE REQUIRED [See following document] 3 6 3 882/015610-0096 EXHIBIT D 79945C08 a05/06/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27383) PAYMENT OF TRANSFER FEE REQUIRED Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons: A document imposing a requirement to pay a transfer payment (a "Transfer Paymenf') has been recorded with respect to the property described below (referred to in this instrument as the "Property"). Current Owner of Property Subject to CC&Rs: Crown Pointe Partners, LLC, an Oregon Limited liability company (the "Developer"). Title of Document Containing Transfer Payment Obligations: Declaration of Covenants, Conditions, and Restrictions (hereafter, "CC&Rs"), entered into by and between the City of La Quinta, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and Developer. The CC&Rs are recorded concurrently with this instrument, in the official records of Riverside County. The CC&Rs contemplate that the Developer will develop the Property into a resort containing 264 units (each, a "Unit"), and that each of the Units will be sold to individual third party purchasers (each, an "Owner"). Legal Description of Property: See Exhibit "A" attached hereto and incorporated herein by this reference. Assessor's Parcel Number of Property: Amount of Transfer Payment: The Transfer Payment amount is .55 of one percent (.55%) of the Owner's actual sales price for his or her Unit, with the 882/0156104096 799454 08 aO5/06/08 36 amount of such sales price verified by the City. For example, if the sales price is $250,000, then the Transfer Payment will be $1,375; if the sales price is $500,000, then the Transfer Payment will be $2,750; and if the sales price is $700,000, then the Transfer Payment will be $3,850. Date Transfer Payment Requirement Expires: The Transfer Payment requirement has no expiration date and runs with the land, in perpetuity. Purpose of Transfer Payment and Entity to which Payment is Paid: The purpose of the Transfer Payment is to compensate the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code resulting from development of the Property as a resort and not a traditional hotel. All Transfer Payments are to be paid to the City, and sent to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Finance Director This instrument does not contain a full description of the details of all of the terms and conditions of the CC&Rs. You are hereby notified to read the CC&Rs to fully understand the Transfer Payment requirements which apply to the Property, and the individual Units to be developed thereon. This instrument is being recorded and filed in compliance with Civil Code Section 1098.5. [End — Signature page follows] ' 82/015610-0096 799454 08 aO5/06/08 365 4CCIW7 CITY OF LA QUINTA, a California municipal corporation M. ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney City Manager 882/015610-0096 366 799454.08 aO5/06/08 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared 9 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 6 '82/015610-0096 799454A aO5/06/08 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8, 2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89030'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40-40'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54*28'39" EAST, 110.02 FEET; THENCE SOUTH 44'42'29" EAST, 102.05 FEET; THENCE SOUTH 01*38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57-08'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83'41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19-56'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16'40'48" WEST, THE 892/015610-0096 799454 08 aO5/06/08 368 PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00000'11" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSWE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRI13ED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 882/015610-0096 799454 08 a05/06/08 369 CONSENT TO RECORDATION CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company ("Developer"), owner of the fee interest in the real property legally described in Exhibit "A" hereto, hereby consents to the recordation of the foregoing Payment of Transfer Fee Required against said real property. "Developer" 0 0 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 370 882/015610-0096 799454 08 aO5/06/08 -7- EXHIBIT "D" COMPLIANCE CERTIFICATE [See following document] 882/015610-0096 371 798896 11 aO5/06/08 COMPLIANCE CERTIFICATE (EDENROCK DEVELOPMENT AGREEMENT) The undersigned, as the general partner of a ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2007, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: I . Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the City Declaration of CC&Rs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) the Developer CC&Rs required by Section 3.2.2 of the Development Agreement have been approved by the City and recorded against the Site; (3) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (4) all payments required pursuant to Section 3.3.2 of the Development Agreement as of the date have been paid; (5) the Rental Tracking System as required pursuant to Section 1.3 of the City Declaration of CC&Rs has been established, and to the extent that rentals have occurred, the Rental Tracking System is operating in accordance with the requirements of such section; (6) the rental management program as required by Section 1.4 of the City Declaration of CC&Rs is in place, as is evidenced by the fully executed contract or contracts attached hereto as Schedule 1; and (6) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 2, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of 1 -1 under penalty of petJury under the laws of California. a By: Its: 3-12 882/015610-00% 798896 11 a05/06/08 SCHEDULEI RENTAL MANAGEMENT PROGRAM CONTRACT(S) [DEVELOPER SHALL ATTACH COPIES OF THE FULLY EXECUTED CONTRACT IT HAS PROCURED IN ORDER TO SATISFY SECTION 1.4 OF THE CITY DECLARATION OF CC&RS (SPECIFIC PLAN CONDITION NO. _).] 373 982/015610-0096 798896 11 aO5/06/09 -2- SCHEDULE2 CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 374 882/015610-0096 798996 11 aO5/06/08 -3- EXHIBIT "E" ASSIGNMENT AND ASSUMPTION AGREEMENT [See following document] 375 882/015610-0096 798896.11 .05/06/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta. 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above I 111S Line tor Kecoraer S USC (Exempt from Recording Fee per Gov't Code § 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is made and entered into as of I ("Effective Date"), by and between I a (the "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the following Recitals. Recitals A. Assignor is the master developer of _ acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2007 (the "Development Agreemenf'), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta. Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) requiring the recordation against the Site of a City Declaration of CC&Rs that establishes an on -going obligation of each of the individual Units in the Project to pay the City certain amounts designed to compensate the City unless the Unit generates specified levels of transient occupancy tax; (iii) requiring the recordation against the Site of a Declaration of CC&Rs that (a) provides for 882/015610-0096 798896.11 a05/06/08 3 7 6 establishment of a homeowner's association for the Project (the "Association"); (b) provides for the Association's collection of and payment to the City of the amounts described in Section 2 of the City Declaration of CC&Rs; (c) provides for the Association's operation of a Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (d) provides for each Owner to report any rentals of his or her Unit to the administrator of the Rental Tracking System pursuant to the requirements set forth in Section 1.3 of the City Declaration of CC&Rs; and (iv) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement 1. Assignment. From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement, from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and Assigns. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized '821015610-0096 3 7 7 798896.11 a05/06/08 to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. InteWretatio . The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. CountcKparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS] 882/0156104096 798896 11 a05/06/08 IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" a By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 373 82/015610-0096 798896.11 a05/06/09 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0096 330 798896 11 aO5/06/08 EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40'40'11" EAST, 192.39 FEET; THENCE SOUTH 36*16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; T14ENCE SOUTH 54*28'39" EAST, 110.02 FEET; THENCE SOUTH 44'42'29" EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83'41'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43-45'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 882/015610-0096 798896 11 a05106/08 -6- 381 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16-40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 0000011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49-14'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45,07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03046'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRI13ED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 882/015610-0096 3 ur) 798896 11 aO5/06/08 ATTACHMENT 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA ("CITY") "I, F CROWN POINTE PARTNERS, LLC ("DEVELOPER") 882/015610-0096 3 03 798896.12 a05/12/08 TABLE OF CONTENTS Page 1.0 GENERAL ........................................................................................................................ 3 1.1 Term ...................................................................................................................... 3 1.2 Effective Date . ...................................................................................................... 3 1.3 Amendment or Cancellation ................................................................................. 3 1.4 Termination . ......................................................................................................... 3 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT ........................................................................... 3 2.1 Right to Develop ................................................................................................... 3 2.2 Project Components .............................................................................................. 3 2.3 Additional Applicable Codes and Regulations ..................................................... 3 2.4 Developer Impact Fees . ........................................................................................ 3 2.5 Permitted Density, Height and Use Limitations ................................................... 3 2.6 Limitation on Future Development Restrictions . ................................................. 3 2.7 Timing of Development ........................................................................................ 3 3.0 DEVELOPER'S OBLIGATIONS . .................................................................................. 3 3.1 Conditions of Approval . ....................................................................................... 3 3.2 Covenants, Conditions and Restrictions ............................................................... 3 3.3 Payments to City by Developer . ........................................................................... 3 3.4 Dedications and Improvements . ........................................................................... 3 3.5 Payment of Fair Share of Mitigation Measures .................................................... 3 3.6 Indemnification ..................................................................................................... 3 4.0 CITY'S PROCESSING AND APPROVALS .................................................................. 3 4.1 Scope of Subsequent Review/Confirmation of Compliance Process ................... 3 4.2 Project Approvals Independent . ........................................................................... 3 4.3 Review for Compliance . ....................................................................................... 3 5.0 DEFAULT; REMEDIES; DISPUTE RESOLUTION . .................................................... 3 5.1 Notice of Default . ................................................................................................. 3 5.2 Cure of Default . .................................................................................................... 3 5.3 City Remedies ....................................................................................................... 3 5.4 Developer's Exclusive Remedies . ........................................................................ 3 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE ................................... 3 6.1 Encumbrances on the Project Site . ....................................................................... 3 6.2 Mortgage Protection . ............................................................................................ 3 6.3 Mortgagee Not Obligated . .................................................................................... 3 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure . ............................ 3 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT ......... 7.1 Successors and Assigns . ..................................................... 7.2 Sales in Normal Course of Business ................................... (I ................................. 3 ................................. 3 882/015610-0096 798896.12 OVUM 384 7.3 Assignment by City . .............................. I .......... 8.0 MISCELLANEOUS . .................................................... 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 EXHIBITS Notices. .................................................................................................... ForceMajeure .......................................................................................... BindingEffect .......................................................................................... IndependentEntity ................................................................................... Agreement Not to Benefit Third Parties .................................................. Covenants. ............................................................................................... Nonliability of City Officers and Employees . ......................................... Covenant Against Discrimination . .......................................................... Amendment of Agreement . ............ I ........................................................ NoWaiver ................................................................................................ Severability. ............................................................................................. Cooperation in Carrying Out Agreement . ............................... EstoppelCertificate . ................................................................ Construction............................................................................. Recordation.............................................................................. Captions and References . ........................................................ Time......................................................................................... Recitals & Exhibits Incorporated; Entire Agreement .............. Exhibits.................................................................................... Counterpart Signature Pages . .................................................. Authority to Execute; Representations and Warranties ........... Page ... 14 I ......... 15 .......... 15 1 ......... 15 .......... 16 .......... 16 .......... 16 .......... 16 .......... 17 .......... 17 .......... 17 .......... 17 .......... 18 ... ... I ... 18 .......... 18 .......... 18 .......... 18 .......... 18 ....... 19 ...... 19 19 ......... I ................. ............ I ... I .......... 19 City^ppr0VaLS and Act ons . ........................................................ Governing Law; Litigation Matters .............................................. NoBrokers .................................................................................... A LEGAL DESCRIPTION OF SITE B MITIGATION MONITORING PROGRAM C CITY DECLARATION OF CC&RS D COMPLIANCE CERTIFICATE E ASSIGNMENT AND ASSUMPTION AGREEMENT 8821015610-0096 799896 11 05/06 09 ... 19 ... 20 ... 20 ... 20 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the _ day of , 2008 ("Reference Date"), by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California (the "City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company (the "Developer"), with reference to the following: RECITALS A. Government Code Sections 65864-65869.5 ("Development Agreement Act") authorize the City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in such real property. B. Pursuant to Section 65865 of the Government Code, the City has adopted its Development Agreement Ordinance (La Quinta Municipal Code Section 9.250.030) establishing procedures and requirements for such development agreements ("Development Agreement Ordinance"). C. Prior to or concurrently with the execution of this Agreement, the City Council (i) approved the PGA West Specific Plan, also known as Specific Plan 83-002, on May 15, 1984, by City Council Resolution No. 84-31, and all subsequent amendments thereto, including, without limitation, Specific Plan 83-002, Amendment #6, approved by City Council Resolution No. , on (collectively, the "Specific Plan"); (ii) certified an Environmental Impact Report prepared for the Specific Plan, on May 1, 1984, by City Council Resolution No. 84-28, and all subsequent amendments thereto, including, without limitation, the Subsequent Environmental Impact Report (SCH No. 2007061056), certified by the City Council on , by City Council Resolution No. (collectively, the "EIR"); (iii) approved General Plan Amendment 2006-107, on , by City Council Resolution No. ("GPA Amendment 2006-107"); (iv) approved Zone Change 2006-127, on , by Ordinance No. _ ("Zone Change 2006- 127"); (v) approved Tentative Map 33226, on , by City Council Resolution No. ("TTM 33226"); and (vi) approved Site Development Permit 2006- 852, on __ —1 by City Council Resolution No. _ ("SDP 2006-85T�). D. Developer owns the 41.95 acre parcel ("Site") which is legally described in Exhibit "A" attached hereto, and on which Developer wishes to develop a resort consisting of approximately two hundred sixty-four (264) resort units, as further described herein (the "Projecf'). E. Consistent with Section 9.250.030 of the La Quinta Municipal Code, City and Developer desire to enter into a binding agreement for purposes of (i) setting forth a requirement that the Developer pay to the City a per -unit up front payment that the parties agree is designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result 882/015610-0096 7989% 12 OVUM r) 'J 86 of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Project will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (C) and the potential added wear and tear on the municipal infrastructure which will result from the Project, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) obligating the Developer to enter into and record, against the Site, a "City Declaration of CC&Rs" (as that term is defined in Section 3.2.1 below) that sets forth certain requirements of the owners of the "Units" (as that term is defined in Section 2.2 below) to pay to the City a transfer payment upon the transfer of their Unit for purposes of compensating the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; and (iii) granting Developer a vested right to develop the Site according to (a) the Specific Plan, (b) the EIR, (c) GPA Amendment 2006-107, (d) Zone Change 2006-127, (e) TTM 33226, (f) SDP 2006-852, (g) any future Site Development Permits issued for the Project, (h) any subsequent parcel or subdivision maps to be recorded on the Site, (i) any other approvals and permits issued for the Project, and 0) the conditions of approval associated with each and all of the foregoing approvals (collectively, the "Conditions of Approval"). The documents, permits, approvals, and conditions described in the foregoing clauses (a)-O) are collectively referred to herein as the "Development Plan," and are, or when approved or issued shall be, on file with the City Clerk. F. Among other purposes, this Agreement is intended to be, and shall be construed as, a development agreement within the meaning of the Development Agreement Act. This Agreement will eliminate uncertainty in planning for and secure the orderly development of the Project, ensure a desirable and functional community environment, provide effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and assure attainment of the maximum effective utilization of resources within the City, by achieving the goals and purposes of the Development Agreement Act. In exchange for these benefits to City, Developer desires to receive the assurance that it may proceed with development of the Project in accordance with the terms and conditions of this Agreement and the Development Plan, all as more particularly set forth herein. G. The Planning Commission and the City Council have determined that the Project and this Agreement are consistent with the City's General Plan and the Specific Plan, including the goals and objectives thereof. H. All actions taken by City have been duly taken in accordance with all applicable legal requirements, including the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA"), and all other requirements for notice, public hearings, findings, votes and other procedural matters. 1. On _ approving this Agreement. the City Council adopted its Ordinance No. "2/015610-0096 'j, 1 798896 12 a05/12/08 AGR NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1.0 GENERAL. 1.1 Term. The term of this Agreement (the "Term") shall commence on the Effective Date hereof and shall continue for fifty (50) years thereafter, unless said term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto after the satisfaction of all applicable public hearing and related procedural requirements. 1.2 Effective Date. This Agreement shall be effective, and the obligations of the parties hereunder shall be effective, as of which is the date that Ordinance No. takes effect ("Effective Date"). 1.3 Amendment or Cancellation. Except as expressly stated to the contrary herein, this Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65867-65868 and the City's Development Agreement Ordinance. 1.4 Termination. Unless terminated earlier, pursuant to the terms hereof, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term of this Agreement. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Plan, as defined in Section 2.1, below, and shall have no effect on the obligations imposed under the City Declaration of CC&Rs. 2.0 DEVELOPER'S RIGHTS AND LIMITATIONS REGARDING CONSTRUCTION OF THE PROJECT. 2.1 Right to Develop. Subject to the terms, conditions, and covenants of this Agreement, Developer's right to develop the Project in accordance with the Development Plan (and subject to the Conditions of Approval) shall be deemed vested upon the Effective Date of this Agreement, save and except that any additional rights that would be created by subsequent, implementing approvals, such as site development permits, would not vest until the approval of such implementing approvals, which vesting shall expire upon the earlier of the following occurrences: (a) termination of this 882/015610-0096 798896 12 a05/1 2/08 -4- 388 Agreement; (b) an uncured material default by Developer of this Agreement; or (c) as to a particular phase, parcel, or lot comprising a portion of the Site, the earlier of the final approved City inspection of the completed development on such phase, parcel, or lot, or the issuance by the City of a certificate of occupancy for such phase, parcel, or lot. Except for the expiration set forth in clause (a) of the preceding sentence, the expiration of the vesting right set forth in the preceding sentence shall not terminate the obligations of Developer under this Agreement. Notwithstanding anything in this Agreement to the contrary, the recorded City Declaration of CC&Rs shall survive the termination of this Agreement, and except to the extent expressly specified otherwise in this Agreement, the Project shall remain subject to the following, to the same extent it would without this Agreement: (i) all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees existing on the Effective Date of this Agreement, including, without limitation, Section 9.140.080 of the La Quinta Municipal Code (collectively, the "Existing Development Regulations"); (ii) all amendments or modifications to Existing Development Regulations after the Effective Date of this Agreement and all ordinances, regulations, rules, laws, plans, policies, and guidelines of the City and its City Council, Planning Commission, and all other City boards, commissions, and committees enacted or adopted after the Effective Date of this Agreement (collectively, "New Laws") that are enacted or adopted on a City-wide basis; provided, however, that the City may enact or adopt New Laws which are not enacted or adopted on a City-wide basis if such New Laws are required by a non -City entity to be adopted by or applied by the City (or, if adoption is optional, the failure to adopt or apply such non -City law or regulation would cause the City to sustain a loss of fimds or loss of access to funding or other resources); (iii) all subsequent development approvals and the conditions of approval associated therewith, if any; (iv) the payment of all fees or exactions in the categories and in the amounts as required at the time such fees are due and payable, which may be at the time of issuance of building permits, or otherwise as specified by applicable law, as existing at the time such fees are due and payable; and (v) the reservation or dedication of land for public purposes or payment of fees in lieu thereof as required at the time such reservations or dedications or payments in lieu are required under applicable law to be made or paid. Notwithstanding anything herein to the contrary, the City may initiate and/or approve amendments to the Specific Plan without obtaining the consent of Developer, so long as they do not include any portion of the Site. 882/015610-0096 339 798896 12 OVUM 2.2 Project Components. 2.2.1 The Project shall consist of two hundred sixty-four (264) resort units (each, a "Unit" and collectively, the "Units") and related amenities. The Units shall be constructed as follows: (i) Approximately one Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty- eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit; and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 2.2.2 Notwithstanding the mix of Units described in clauses (i), (ii) and (iii) above, and subject to the remainder of this paragraph, Developer shall be permitted to change the mix of Units, subject to (i) an administrative approval by the City Planning Director, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) if determined necessary by the City Planning Director, approval by the Planning Commission and City Council of amendments to SDP 2006-852 and TTM 33226. The decision of the City Planning Director shall be subject to appeal to the Planning Commission, and subsequently to the City Council, at the Developer's election. Notwithstanding any of the forgoing, nothing in this Section 2.2.2 shall be construed to permit Developer to exceed a total of two hundred sixty-four (264) Units without ftirther environmental review under CEQA, as well as Planning Commission and City Council approval. 2.3 Additional Applicable Codes and Regulations. Notwithstanding any other provision of this Agreement, the City also reserves the right to apply the following to the development of the Project: 2.3.1 Building, Electrical, Mechanical, Fire and similar building codes based upon uniform codes adopted in, or incorporated by reference into, the La Quinta Municipal Code, as existing on the Effective Date of this Agreement or as may be enacted or amended thereafter, so long as they are applied to the Project in a nondiscriminatory manner. 2.3.2 In the event of fire or other casualty requiring reconstruction of more than fifty (50%) percent of any building previously constructed hereunder, nothing herein shall prevent the City from applying to such reconstruction all requirements of the City's Building, Electrical, Mechanical, and similar building codes based upon uniform codes 982/015610-0096 798896 12 a05/12/09 -6- no 1 3 J adopted in, or incorporated by reference into, the La Quinta Municipal Code, solely to the extent applicable to all development projects in the City. 2.3.3 This Agreement shall not prevent the City from establishing any new City fees, including new development impact fees, or increasing any existing City fees, including existing development impact fees, including, but not limited to the mitigation payments described in and required pursuant to the City Declaration of CC&Rs and to apply such new or increased fees to the Project or applicable portion thereof where such new or increased fees may be charged; provided, however, that nothing in this Agreement shall permit the City to increase the amount of the mitigation payments described in and required pursuant to the City Declaration of CC&Rs, except as expressly provided therein. 2.4 Developer Impact Fees. For purposes of calculating required Developer Impact Fees, all Units in the Project shall be deemed to be, and shall pay fees as, residential units. 2.5 Permitted Density, Height and Use Limitations. The permitted uses, density and intensity of use, location of uses, maximum height and size of proposed buildings, minimum setbacks, and other standards applicable to the Project shall be those set forth in the Development Plan and this Agreement, whichever is the strictest. 2.6 Limitation on Future Development Restrictions. Except as otherwise expressly permitted by the terms of this Agreement, City shall not impose on the Project (whether by action of the City Council, Planning Commission, or City Staff, or by initiative, referendum or other means), any change in the applicable zoning, land use designation, or permitted uses under the Development Plan that would reduce the density or intensity of development of the Project, or that would otherwise require any reduction in the total number of Units, square footage, floor area ratio, or height of buildings. 2.7 Timing of Development. Developer is not obligated by the terms of this Agreement to affirmatively act to develop all or any portion of the Site, dedicate any land, or to otherwise meet or perform any obligation with respect to the City, except and only as a condition of development of any portion of the Site. The development schedule for the buildout of the Project shall be that solely established by Developer, consistent with the terms of this Agreement and the Development Plan; provided, however, that the phasing plan for the Project shall be as established in TTM 33226 and SDP 2006-852. 882/015610-0096 798896.12 aO5/12108 -7- 391 3.0 DEVELOPER'S OBLIGATIONS. 3.1 Conditions of Approval. The Developer shall comply with the Conditions of Approval, which include and incorporate the mitigation measures specified in the Subsequent Environmental Impact Report for the Project (the "SEIR") so that significant environmental effects will be mitigated or avoided. The Developer shall also comply with the mitigation monitoring program associated with the SEIR, as set forth in Exhibit "B" attached hereto (the "Mitigation Monitoring Program"). Developer acknowledges that additional conditions of approval beyond the Conditions of Approval may be applicable to the Project if and as associated with future Project approvals. 3.2 Covenants, Conditions and Restrictions. 3.2.1 Recordation of Ci!y Declaration of CC&Rs. Prior to, and as a condition of the City's issuance of any building permit for the Project, Developer shall have entered into with the City and recorded against the Site a Declaration of Covenants, Conditions and Restrictions in the form attached hereto and incorporated herein as Exhibit "C" (a "City Declaration of CC&Rs"), the covenants of which shall bind the Site and each and every Unit developed thereon in perpetuity and shall survive the termination of this Agreement. 3,2.2 Recordation of Developer's CC&Rs. Prior to, and as a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's approval of, and record against the Site, a declaration of covenants, conditions, and restrictions (the "Developer CC&Rs") that (i) provides for the establishment of a homeowners' association (the "HOA"), (ii) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; and (iii) discloses to the owners of the Units the requirement in the City Declaration of CC&Rs that the owners pay to the City a transfer payment upon sale, transfer, or conveyance of their Unit. The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are required hereby, and shall require the written approval of the City prior to any amendments thereto to any of the provisions which are required hereby, which approval shall not be unreasonably withheld or delayed. If the California Department of Real Estate ("DRE") refuses to approve the CCRs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Agreement. Such equivalent protections shall be subject to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any building permit for the residential units. 882/015610-0096 392 798896 12 OVUM 3.3 Payments to Ci!y by Developer. 3.3.1 General. During the Term of this Agreement, Developer shall make the payments to City described in this Section 3.3. The payments under this Section 3.3 are not the exclusive development impact fees for the Project, and nothing in this Section 3.3 shall be construed as a limitation on the right of the City to impose, levy, or assess the Site other development fees as permitted by applicable law and this Agreement. 3.3.2 Developer's Payments of One -Time Mitigation Payments. Developer shall pay to the City, for each Unit in the Project, with such payment due upon the first close of escrow for each such Unit, three quarters of one percent (.75%) of Developer's actual and full sales price for the Unit, inclusive of all Developer -installed options and upgrades, with the amount of such sales price verified by the City. At the time Developer submits any of the foregoing payments to the City, Developer shall include therewith a copy of the final HUD Settlement Statement prepared by the escrow officer handling the closing for such Unit, for purposes of City's verification of the required payment amount. 3.3.3 Other Fees and Charges, Assessment Appeals. Nothing set forth in this Agreement is intended or shall be construed to limit or restrict the City's authority to impose its existing, or any new or increased, fees, charges, levies, or assessments for the development of the Site, or to impose or increase, subject to the required procedure, any taxes applicable to the Site including, but not limited to, transient occupancy taxes; provided, however, that subject to the following two sentences, nothing set forth herein is intended or shall be construed to limit or restrict whatever right Developer might otherwise have to challenge any fee, charge, levy, assessment, or tax imposed. Developer agrees on behalf of itself and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that no action shall be taken, including any assessment appeal, to decrease the assessed value of any of the Site or any portion thereof below the final assessed value at the time the development of the Site or separate Parcel thereof is completed. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Site or the Units in the future that during the term hereof no action shall be taken to challenge, cancel, reduce, or otherwise negate the payments required to be made to the City pursuant to the City Declaration of CC&Rs. Developer shall timely pay all applicable fees, charges, levies, assessments, and special and general taxes validly imposed in accordance with the Constitution and laws of the State of California, including without limitation school impact fees in accordance with Government Code §§ 65995, et seq. 3.3.4 Develover's Grant Deed. Prior to, and as a condition of, the City's issuance of a certificate of occupancy for any Unit in the Project, Developer shall provide to City a copy of the form of grant deed Developer intends to use in connection with the sale of Units to third party purchasers (the "Developer's 31 A 882/015610-0096 798896 12 OVUM Form of Grant Deed"). The Developer's Form of Grant Deed shall contain a reference to Section 1.3 of the City Declaration of CC&Rs and shall recite the terms thereof Upon City's review of Developer's Form of Grant Deed, and confirmation that Developer's Form of Grant Deed complies with the requirements of this Section 3.3.4, Developer shall not any make changes thereto that revise, directly or indirectly, the language required hereby, without obtaining the City's prior written consent. At the time Developer submits any of the payments required by Section 3.3.2 above to the City, Developer shall include therewith a copy of the grant deed recorded at the closing for which payment is being submitted. 3.4 Dedications and Improvements. Developer shall offer such dedications to the City or other applicable public agency, or complete those public improvements in connection with the Project, as specified in the Conditions of Approval. 3.5 Payment of Fair Share of Mitigation Measures. Pursuant to Section 11.6 of the Mitigation Monitoring Program, Developer shall pay to the City the Project's fair share of the cost to construct certain intersection improvements identified in mitigation measures 11.0-3 and 11.0-4, including right-of-way acquisition (collectively, the "Fair Share Improvements"). Prior to the recordation of the final map for Tract No. 33226, Developer's engineer shall prepare and submit to the City's Public Works Director for approval thereof a cost estimate for the Fair Share Improvements (the "Cost Estimate"). Prior to and as a condition of the City's issuance of the first building permit for the Project, Developer shall deposit with the City the fair share contribution of the Project, as set forth in Table 11.0-12 of the Mitigation Monitoring Program and based upon the Cost Estimate; provided, however, that if more than one (1) year has passed since Developer's submittal of the Cost Estimate, then the amount required to be deposited with the City shall be adjusted pursuant to the construction cost index. The amount of any such adjustment shall be earmarked to be utilized only for the Fair Share Improvements. In the event the City determines that any of the Fair Share Improvements are not feasible, the City may use all of the funds deposited by Developer for the Fair Share Improvements (including any adjustment) for other improvements which the City determines will improve the level of service ("LOS") at the intersections identified in mitigation measures 11.0-3 and 11.0-4. In the event the City determines that the LOS cannot feasibly be improved at such intersections by using Developer's fair share contribution, or that only a portion of Developer's fair share payment can be used to feasibly improve the LOS at the intersections, the Developer's fair share payment (or any unused portion thereof) shall be returned to the Developer within ninety (90) days of such determination by the City. Developer may audit the City's use of Developer's fair share payment to determine if Developer is owed any refund. If the Fair Share Improvements become part of the City's Development Impact Fee after the Developer deposits the fair share payment with the City, such payment shall be credited against any Development Impact Fee obligation for the Fair Share Improvements. 394 882/015610-0096 798896 12 a05/12/08 -10- 3.6 Indemnification. (a) Developer agrees to and shall indemnify, hold harmless, and defend, the City and its officers, officials, members, agents, employees, and representatives (collectively, "the Indemnified Parties"), from liability or claims for death or personal injury and liability and claims for property damage which may arise from the acts, errors, and/or omissions of the Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or this Agreement. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications, or both, and regardless of whether or not the insurance policies referred to in this Agreement are applicable. In the event of litigation, the City agrees, at no cost to the City, to cooperate with the Developer. The Developer shall have the obligation to provide the defense of the City in the litigation, either by providing legal counsel or, at the City's option, timely paying the reasonable legal costs incurred by the City in the defense of litigation. (b) In the event of any court action or proceeding challenging the validity of this Agreement or the Development Plan, the Developer shall indemnify, hold harmless, pay all costs and provide defense for the Indemnified Parities in said action or proceeding with counsel chosen by the City. The City shall, at no cost to the City, cooperate with the Developer in any such defense as Developer may reasonably request. In the event the Developer fails or refuses to provide such defense of any challenge to this Agreement or the Development Plan, or any component thereof, City shall have the right not to defend such challenge, and to resolve such challenge in any manner it chooses in its sole discretion, including terminating this Agreement. In the event of such termination, Developer, upon written request of City, shall immediately execute a termination document or other document reasonably required by a reputable title company to remove this Agreement as a cloud on title. 4.0 CITY'S PROCESSING AND APPROVALS. 4.1. Scove of Subsequent Review/Confirmation of Compliance Process. Nothing set forth herein shall impair or interfere with the right of the City to require the processing of building permits as required by law, pursuant to the applicable provisions of the La Quinta Municipal Code and the provisions of City's Fire Codes and ordinances, Health and Safety Codes and ordinances, and Building, Electrical, Mechanical, and similar building codes. Prior to each request for a building permit, Developer shall provide City with a Compliance Certificate ("Certificate"), in substantially the same form as that attached hereto as Exhibit "U" which shall describe how all applicable Conditions of Approval have been fully complied with. The Certificate shall be distributed to the relevant City departments in order to check the representations made by Developer on the Certificate. 4.2 Project Approvals independent. All approvals required for the Project which may be or have been granted, and all land use entitlements or approvals generally which have been issued or will be issued, by the City 882/015610-0096 798896 12 a05/12/08 395 with respect to the Project, constitute independent actions and approvals by the City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competeni jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any such Project approvals or other land use approvals and entitlements. In such cases, such approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the Conditions of Approval. It is understood by the parties to this Agreement that, pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, such approvals and entitlements shall not remain valid for the term of this Agreement, but shall remain valid for the term of such approvals and entitlements. 4.3 Review for Compliance. The City shall review this Agreement, including Developer's compliance with the terms hereof, at least once during every twelve (12) month period following the Effective Date of this Agreement, in accordance with the City's procedures and standards for such review set forth in the City's Development Agreement Ordinance. During such periodic review by the City, the Developer, upon written request from City, shall be required to demonstrate, and hereby agrees to ftimish, evidence of good faith compliance with the terms hereof. The failure of the City to conduct or complete the annual review as provided herein or in accordance with the Development Agreement Act shall not impact the validity of this Agreement. If, at the conclusion of the annual review provided for herein, Developer has been found in compliance with this Agreement, the City, through the City's Planning Director, shall, at Developer's written request, issue a Certificate of Compliance to Developer stating that (1) this Agreement remains in full force and effect and (2) Developer is in compliance with this Agreement. The Certificate of Compliance shall be in recordable form, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer, at its option and sole cost, may record the Certificate of Compliance. 5.0 DEFAULT� REMEDIES � DISPUTE RESOLUTION. 5.1 Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non -defaulting party shall have those rights and remedies provided herein, provided that such non -defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 8.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt 882/015610-0096 396 798896 12 aO5/12/08 -12- of the notice of default, or, for such defaults that cannot reasonably be cured, corrected or remedied within five (5) business days [or thirty (30) days for non -monetary defaults], such party shall commence to cure, correct, or remedy such default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and shall continuously and diligently prosecute such cure, correction or remedy to completion. For purposes of this Section 5.2, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 5.3 City Remedies. in the event of a default by Developer of the terms of this Agreement that has not been cured within the timeframe set forth in Section 5.2 above, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. Furthermore, the City, in addition to, or as an alternative to, exercising the remedies set forth in this Section 5.3, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to the City's Development Agreement Ordinance and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the City's Development Agreement Ordinance and the Development Agreement Act. In no event shall the City be entitled to exemplary or punitive damages for any Developer default. 5.4 Developer's Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein including, but not limited to, the Development Plan, Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or the Project, except as provided in this Section. Accordingly, Developer covenants on behalf of itself and its successors and assigns, including the owners of the Units, not to sue the City for damages or monetary relief (except for attorney's fees as provided in this Agreement) for any breach of this Agreement by City or arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Agreement or any of the matters referred to herein including but not limited to the application, interpretation, or effect of this Agreement, the Development Plan, the Conditions of Approval, the Existing Development Regulations or any future amendments or enactments thereto, or any land use permits or approvals sought in connection with the development of the Project or any component thereof, or use of a parcel or any portion thereof, the parties agreeing that declaratory and injunctive relief, mandate, and specific performance shall be Developer's sole and exclusive judicial remedies. 6.0 MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE. 6.1 Encumbrances on the Proiect Site. This Agreement shall not prevent or limit the Developer ftom encumbering the Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Site, or a portion thereof 982/015610-0096 1 391 798896.12 aO5/12108 -13- or interest therein, is pledged as security, and contracted for in good faith and fair value (a"Mortgage") securing financing with respect to the construction, development, use or operation of the Project. 6.2 MortRaize Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Site or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to said holder (a "Mortgagee") [whether pursuant to foreclosure, trustee's sale, deed in lieu of foreclosure, lease termination or otherwise] shall be subject to all of the terms and conditions of this Agreement. 6.3 MortizaRce Not Obligated. No Mortgagee shall have any obligation or duty under this Agreement to perform the obligations of the Developer or other affirmative covenants of Developer hereunder, or to guarantee such performance, except that to the extent that any covenant to be performed by the Developer is a condition to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder. 6.4 Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request therefor to the City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time of sending such notice of default to Developer. The Mortgagee shall have the right, but not the obligation, within five (5) business days [or thirty (30) days for non -monetary defaults] after the receipt of such notice from the City, to cure, correct, or remedy the default, or, for such defaults that cannot reasonably be cured, corrected, or remedied within five (5) business days [thirty (30) days for non -monetary defaults], to commence to cure, correct, or remedy the default within such five (5) business day period [or thirty (30) day period for non -monetary defaults], and to continuously and diligently prosecute such cure to completion. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession of the Site, such Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within such time as is reasonably necessary to cure or remedy said default but in no event more than thirty (30) days after obtaining possession. If any such default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences said cure or remedy during such thirty (30) day period, and thereafter diligently pursues and completes such cure. For purposes of this Section 6.4, "business days" shall refer to Monday through Friday, inclusive, other than State, Federal, or other locally declared holidays. 398 ' 82/015610-0096 -14- 798896 12 a05/12/08 7.0 TRANSFERS OF INTEREST IN SITE OR AGREEMENT. 7.1 Successors and Assians. Developer shall have the right to sell, transfer or assign the Site, or any portion thereof (provided that no such transfer shall violate the Subdivision Map Act, Government Code §66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement, without the consent of the City. Any such sale or transfer shall require, with respect to the Site or the portion thereof sold or transferred, the assignment and assumption, in a fully executed written agreement, in whole or in part (as applicable), of the rights, duties and obligations of the Developer under the terms of this Agreement. Upon such sale, transfer or assignment, Developer shall, with respect to the Site or the portion thereof sold or transferred, be released from any ftirther obligations under the terms of this Agreement, without any further action of the parties, provided: (a) Developer no longer has any legal or equitable interest in the Site or the portion thereof sold or transferred, as applicable; (b) Developer is not, at the time of the transfer, in default under the terms of this Agreement; and (c) Developer and Developer's transferee have submitted a fully executed assignment and assumption agreement in a form set forth in Exhibit E. 7.2 Sales in Normal Course of Business. The provisions of the above Section shall not apply to the sale or lease of a Unit which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Upon any such sale or lease, the Unit shall be released from the rights, duties and obligations of the Developer under this Agreement, except for all obligations which extend to the individual Units under the provisions in the City Declaration of CC&Rs and the Developer CC&Rs which implement this Agreement. This release shall in no way limit the duties and obligations of the Developer, and shall in no way release the Units ftom any of the obligations set forth in the City Declaration of CC&Rs and the Developer CC&Rs, all of which shall survive such release. 7.3 Assignment by City. The City may assign or transfer any of its rights or obligations under this Agreement with the approval of the Developer, which approval shall not be unreasonably withheld. 8.0 MISCELLANEOUS. 8.1 Notices. All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same -day or overnight delivery service that provides a receipt showing date and time 882/015610-0096 3 ci, 798996 12 aO5/12/08 -15- of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Attn: City Manager Telephone: (760) 777-7100 Facsimile: (760) 777-7101 With a copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Attn: M. Katherine Jenson Telephone: (714)641-5100 Facsimile: (714) 546-9035 To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Attn: Louis Swart Telephone: (503) 670-9300 Facsimile: (503) 670-9400 With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Attn: James D. Vaughn, Esq. Telephone: (805) 446-1496 Facsimile: (805) 446-1490 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 8.2 Force Maieure. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform are due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City) or any other causes 882/015610-0096 798896.12 aO5/12/08 -16- beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 8.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development of the Site, or because of economic or market conditions. 8.3 Binding Effect. This Agreement, and all of the terms and conditions hereof, shall be binding upon and inure to the benefit of the parties, any subsequent owner of all or any portion of the Project or the Site, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project or the Site. 8.4 Indevendent Entity. The parties acknowledge that, in entering into and performing this Agreement, each of the Developer and the City is acting as an independent entity and not as an agent of the other in any respect. No joint venture is formed by this Agreement. 8.5 Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement, nor be deemed to be a third party beneficiary under this Agreement. Notwithstanding the immediately preceding sentence, the Agency shall be an intended third party beneficiary to this Agreement. 8.6 Covenants. The provisions of this Agreement shall constitute mutual covenants which shall run with the land comprising the Site for the benefit thereof, and for the benefit of the City's adjoining properties and the burdens and benefits hereof shall bind and inure to the benefit of each of the parties hereto and all successors in interest to the parties hereto for the term of this Agreement. 8.7 Nonliabili!y of Ci!Y Officers and Employees. No official, officer, employee, agent or representative of the City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or in connection to this Agreement, or for any act or omission on the part of the City. 401 ' 82/015610-0096 -17- 798896 12 aO5/12/08 8.8 Covenant Against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101, et seq.). 8.9 Amendment of AP-reement. This Agreement may be amended from time to time by mutual consent of the original parties or such party to which the Developer assigns all or any portion of its interest in this Agreement, in accordance with the provisions of the City's Development Agreement Ordinance and Government Code Sections 65867 and 65868. Developer shall be required to reimburse City for all reasonable costs City incurs in negotiating, preparing, and processing any alterations, changes, or modifications. In connection with any request for an alteration, change or modification, Developer shall deposit with the City the sum of Ten Thousand Dollars ($10,000). Notwithstanding the foregoing, the City Manager shall have the discretion to authorize a lesser deposit, in the event he or she determines the proposed alteration, change or modification is minor. In the event the funds on deposit are depleted, City shall notify Developer of the same, and Developer shall deposit with the City an additional Five Thousand Dollars ($5,000) to complete processing of the requested alteration, change or modification. Developer shall make additional deposits to City, as needed, pursuant to the foregoing process, until the requested alteration, change, or modification is finalized. Within sixty (60) days after such alteration, change or modification is finalized, City shall reimburse the Developer any unused sums. 8.10 NoWaiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof, except as expressly provided herein. No waiver by either party of any of the covenants or conditions to be performed by the other party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions hereof 8.11 Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the parties. 402 882/015610-0096 798896.12 a05/12/08 8.12 Cooperation in Carrying Out Alzreement. Each party shall take such actions and execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 8.13 Estoppel Certificate. Any party hereunder may, at any time, deliver written notice to any other party requesting such party to certify in writing that, to the best knowledge of the certifying party, (i) this Agreement is in ftill force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following receipt of such written request. The City Manager, Assistant City Manager, and Planning Director are each authorized to sign and deliver an estoppel certificate on behalf of the City. The City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 8.14 Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, and the masculine gender includes the feminine and vice versa. 8.15 Recordation. This Agreement shall be recorded with the County Recorder of Riverside County at Developer's cost, if any, within the period required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation or termination of this Agreement, shall be similarly recorded. 8.16 Captions and References. The captions of the paragraphs and subparagraphs of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference herein to a paragraph or exhibit are the paragraphs, subparagraphs and exhibits of this Agreement. 8.17 Time. Time is of the essence in the performance of this Agreement and of each and every term and condition hereof as to which time is an element. 882/015610-0096 798896 12 aO5/12/09 -19- 8.18 Recitals & Exhibits Incorporated; Entire Agreement. The Recitals to this Agreement and all of the exhibits and attachments to this Agreement are, by this reference, incorporated into this Agreement and made a part hereof This Agreement, including all Exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 8.19 Exhibits. Exhibits "A"—"E" to which reference is made in this Agreement are deemed appropriated herein in their entirety. Said exhibits are identified as follows: A Legal Description of Site B Mitigation Monitoring Program C City Declaration of CC&Rs D Compliance Certificate E Assignment and Assumption Agreement 8.20 Counterpart Signature Pages. For convenience the parties may execute and acknowledge this agreement in counterparts and when the separate signature pages are attached hereto, shall constitute one and the same complete Agreement. 8.21 Authority to Execute� Representations and Warranties. Developer warrants and represents that (i) it is duly organized and existing, (ii) it is duly authorized to execute and deliver this Agreement, (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement, (iv) Developer's entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound, and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware which could prevent Developer from entering into or performing its obligations set forth in this Agreement. 8.22 City Approvals and Actions. Whenever a reference is made in this Agreement to an action or approval to be undertaken by the City Manager, his or her authorized designee is authorized to act on behalf of the City unless specifically provided otherwise or the law otherwise requires. 8.23 Governina Law: Litigation Matters. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement without regard to conflicts of law principles. Any action at law or in equity brought by any party hereto for the purpose of enforcing, construing, or interpreting the validity of this Agreement or any provision hereof shall be brought in the Superior Court of 882/015610-0096 798896 12 .05/12108 -20- 4,64 the State of California in and for the County of Riverside, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal, or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside of California. In the event of any action between the parties hereto seeking enforcement of any of the terms of this Agreement or otherwise arising out of this Agreement, the prevailing party in such litigation shall be awarded, in addition to such relief to which such party is entitled, its reasonable attorney's fees, expert witness fees, and litigation costs and expenses. 8.24 No Brokers. Each of the City and the Developer represents to the other party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker's fees, or finder's fees which may accrue by means of this Agreement, and agrees to hold harmless the other party from such commissions or fees as are alleged to be due from the party making such representations. [SIGNATURE PAGE FOLLOWS] 882/015610-0096 405 798996A2 a05/12/08 -21- IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the Reference Date. "DEVELOPER7 CROWN POINTE PARTNERS, LLC, an Oregon limited liability company By: Its: "CITY" CITY OF LA QUINTA, a California municipal corporation M F.Wow" Veronica J. Montecino City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney Thomas P. Genovese City Manager 406 882/01561M096 798896 12 a05/12/08 -22- STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , 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/thcy 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , proved to me on the basis of satisfac—tory—evidence to be the pemo-n—(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(ics), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0096 1 4fl 799896.12 a05/12/08 -23- EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRI13ED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40040'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; THENCE SOUTH 44*42'29" EAST, 102.05 FEET; THENCE SOUTH 01-38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00:: WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09 EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43-45'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50004'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF '82/015610-0096 408 798896 12 a05/12/08 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16-40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00-0011" WEST, 478.78 FEET TO T14E BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO T14E BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRI13ED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). '82/015610-0096 798896 12 aO5/12/08 EXHIBIT "B" MITIGATION MONITORING PROGRAM [See following document] 882/015610-0096 410 798896 12 aO5/12/08 0 0 0 "It P� 0 0 0 0 00 "o, 00 > 4) <� CD z 0 U 0 COO 0 00 �6 �6 u CD C> a) CN N El El C-4 N < 00 0 00 4) Cd 0 0 > C> C) > Q 0 0 z z JEW z z Y, 0 0 tb 0 C.) z z z 0 0 0 703 z to 0 0 0 v 0 0 u w u 0 10 u C-i a .. M. I 11 u w to 0 "o 4) 4) 7� (L) 7:1 0 4) In. on V) r. 7:3 to u U 9:w -0 Cd 0 V� 0 m Cd U) Qn z cn "tj g:� w 4j V) 7:1 -0 m Gn ll� "o 14 0 0 01 bo bo to to to bo bo OD tp igo 'o to 'an Al 0. A� 9Q 0. PQ 0. M a� M P. an to J., Z v M ro -cl 0,2 �g f E 2 Z .44 ox to 0 0 0 0 -0 00 u 0 4) o 0 kl� �6 412 1 w 1 R2 k6 z o Cd r. z 0 0 *51 cd tt) m 0 A4 w z C40 Qq L.L 6 4 13 u u 01 0 rl 'r. 0, 4) 0 4-. C� to bo to to to r. to rl 9i tc r. -cl -04. 0 Cd -0 to = w Iz. CD m 0 0 �o r. 0 >, to ou >, -0 r. 0.2 �m to 4> r. U r. to lm� w 0- t K,2 4) �ae r- Iz .2 0 r, -0 O'd 0 �s e.z o , -0 0 0 0 0 0 'o 0 00-0 u o 2 Cl > C90 '03, t: bo to -0 to 0 to 0 -0 > 0 8 x 0 ? 0 0 tz r "o. 2,0 .0- u 0 0 0 0 t: 0 > cbdo C5, K -j! 0 0 0 5 0 0 -OR 101 0 0. P, 0, uo 2 J) .0— cli 00 to to 2`5 z u OU *5 -tz 0,4) u a) u Cd u IT, >1 u m z 00 too 0 0 Cd 40. Cd rA :� DO 0 m -W 8 0 ow 0 0 bb 0 bo r in. I bo to.t: cd Jo, m 0 cd (U 0 u ci 0 ou E .0 4!f 5 w 0 —yl 00 to 703 F5 *—F; �:s M 44 U 0 rA 7:1 Q 0 Id to u E f 6 0 4. rl w z 4 W4 z 75- "Cl 06 0 U 0 rl ro Pw 0 Z wz cc CC, C�14 �u 0 p. 4.:j v 21 kn L r� 0 2- 0 0 783 o f �20 C) = LZ 0 (L) 0 0 cd 1:1. 0 -0 to to 0 Q03 -W 2 1:1, 0 C:� g:1,. tn o ou r cl Ica,, "o = 41, mo 0 0 rl 0 r,4 0 0 0 ti 04 0 m CL� a. 2 EXHIBIT "C" CITY DECLARATION OF CC&RS [See following document] 882/015610-0096 798896.12 aO5/12/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27383) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS This DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Declaration") is entered into this day of by and between the CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company ("Developer"). R E C I T A L S: A. Developer is the fee owner of that certain real property located in the City of La Quinta, County of Riverside, State of California, and more particularly described on Exhibit A attached hereto (the "Property"). B. Developer has obtained approval from City to develop and operate on the Property a resort project with associated amenities (the "Project"). C. Pursuant to that certain Development Agreement entered into by and between Developer and City on or about I which was recorded on as Instrument No. I in the Official Records of the County of Riverside (the "Development Agreement"), as a condition to the approval of the Project and as a condition to the City's issuance of any building permits for the Project, Developer is required to have executed this Declaration and recorded it against the Property. D. City has fee and/or easement interests in various streets, sidewalks, and other property within the City (the "Benefited Public Property"), and is responsible for planning of land uses within the City in such a manner as to provide for the health, safety, and welfare of the residents of the City. The Benefited Public Property is legally described in Exhibit "B", attached hereto and incorporated herein by this reference. E. Developer and City desire to enter into this Declaration to bind the Property, and all of the "Units" (as that term is defined in Section 1.1 below) thereon. The restrictions and covenants herein shall be deemed to be included with and imposed as restrictions on the Property and on each and every conveyance of the (i) Property, and (ii) the Units without express reference thereto in the deed evidencing such conveyances. 4 20 882/015610-0096 799454 09 a05/12/08 DECLARATION NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Developer agree, on behalf of themselves and the successors and assigns of Developer, including, but not limited to, the owners of the Units (each, an "Owner," and collectively, the "Owners") including for the benefit of City, as follows: Restrictive Covenant. 1.1 Proiect Accommodations. The Project includes two hundred sixty-four (264) resort units (each, a "Unit," and collectively, the "Units"), and related amenities. The Units are described as follows: (i) Approximately One Hundred Two (102) of the Units (the "Village Homes") shall be constructed in seventeen (17) structures containing six (6) Units each. Each of the Village Homes shall be condominiums. (ii) Approximately eighty-three (83) of the Units (the "Courtyard Homes") shall be constructed in thirty-five (35) one-story duplex structures and forty-eight (48) two-story duplex structures. (iii) Approximately seventy-nine (79) of the Units (the "Manor Homes") shall be constructed in twenty-five (25) two-story triplex structures, with each such structure containing two (2) ground floor Units and one (1) upper floor Unit, and two (2) one-story duplex structures. Each of the Manor Homes shall be condominiums. 1.2 Recordation of Covenants, Conditions and Restrictions. Prior to, and as a condition of, the City's issuance of a fine grading permit for the first Unit in the Project, the Developer shall submit to the City, and shall, prior to, and as a condition of, the City's issuance of a temporary or final certificate of occupancy for the first Unit in the Project, obtain City's approval of, and record, covenants, conditions and restrictions against the Property which, in addition to the obligations set forth in the Conditions of Approval, (i) shall provide for establishment of a homeowner's association for the Project (the "Association"); (ii) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and the Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; and (iii) discloses to the Owners of the Units the requirement set forth in Section 1.3 below that the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their Unit (the "Developer CC&Rs"). The Developer CC&Rs shall provide that the City is a third party beneficiary thereof with the right, but not the obligation, to enforce the terms thereof which are set forth in this Section 1.2, and shall require the written approval of the City prior to any amendments thereto to the provisions thereof which are set forth in this Section 1.2. If the California Department of Real Estate (11DRE") refuses to approve the Developer CC&Rs in the form approved by the City, and the Developer has used all reasonable efforts to obtain the approval, the City and the Developer shall negotiate in good faith to develop equivalent protection of the City's interests in this Declaration. Such equivalent protections shall be subject 421 882/015610-0096 799454.09 a05/12/08 to the approval of both the City and the Developer. Agreement upon the equivalent protection shall be necessary in order for the issuance of any certificates of occupancy for the Units. 1.3 Transfer Pgyment Due on Sale of Unit. Each Owner of a Unit shall be required to pay to the City, prior to such Owner's grant, assignment, transfer, or conveyance to, or vesting in, a purchaser or purchasers, or any other person or persons, by such purchaser or purchaser's direction, of the Owner's Unit, or any interest therein, when the consideration or value of the Unit or interest conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds One Hundred Dollars ($100), a payment (each such payment a "Transfer Payment") in the amount of 0.55 of one percent (.55%) of the total consideration received by the Owner for the Unit or interest therein, with the amount of such consideration verified by the City. At the time the Owner submits the applicable Transfer Payment to the City, the Owner shall include therewith a copy of the Final HUD Settlement Statement prepared by the escrow officer handling the closing for such Unit, if such grant, transfer, assignment, or conveyance is handled through an escrow, or such other similar documentation in the event the grant, transfer, assignment, or conveyance is not being handled through an escrow, for purposes of City's verification of the required Transfer Payment amount. Said escrow officer is hereby instructed, and the Owner shall further provide instruction to him or her, to pay to the City the applicable Transfer Payment out the consideration paid or to be paid to the Owner for the Unit or interest therein, concurrently with the payment of property taxes and assessments owed on the Unit and prior to the grant, transfer, assignment or conveyance. Developer, on behalf of itself and its successors and assigns, including, without limitation, the Owners of the Units, acknowledges and agrees that the parties intend that an obligation to pay a Transfer Fee arises in any instance in which there is an obligation to pay documentary transfer tax, as set forth in Revenue and Taxation Code Section 11901 et seq (the "Documentary Transfer Tax Law"), as the Documentary Transfer Tax Law exists as of the "Effective Date" (as that term is defined in Section 2 below). A copy of the current Documentary Transfer Tax Law is attached hereto and incorporated herein as Exhibit "C". For example, if an Owner sells his or her Unit for a sales price of $500,000, the Owner shall pay to the City a Transfer Payment in the amount of $2,750. The City and Developer shall record, concurrently with the recordation hereof, an instrument titled "Payment of Transfer Fee Required," the form of which is attached hereto and incorporated herein as Exhibit "13". Each grant deed pursuant to which Developer shall transfer a Unit to a third party purchaser shall make reference to this Section 1.3 and shall recite the terms hereof. 2. Term. This Declaration shall become effective on the date on which it is recorded with the Riverside County Recorder's Office (the "Effective Date") and shall continue in full force until the earlier to occur of (i) the date on which the City permanently revokes the certificate of occupancy for one or more Units or for the Project; provided, however, that in such event this Declaration shall cease to be effective only as to the Unit(s) or portions of the Project for which the certificate of occupancy has been revoked, and all other Units and portions of the Project shall continue to remain subject to this Declaration; or (ii) termination of this Declaration by written agreement of Developer (or its successor or assign, as applicable) and the City. 4 22 882/015610-0096 799454 09 OVUM 3. Covenants Runniniz With the Land. Developer declares that the Property and all of the Units shall be held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the provisions of this Declaration, all of which are declared to be in furtherance of and for the benefit of the Units and to comply with the Conditions of Approval. Pursuant to applicable law, including, but not limited to, Section 1462, 1465 and 1468 of the Civil Code of the State of California, all provisions of this Declaration (i) are hereby imposed as equitable servitudes on each of the Units for the benefit of Developer and Developer's successors and assigns and the City, and (ii) shall run with the land and be binding upon and inure to the benefit of the Benefited Public Property and each of the Units and each and every portion thereof or interest therein, and all parties having or acquiring any right, title, or interest in the Units or any portion thereof, and their successors and assigns. 4. Assessment Appeals. Developer agrees on behalf of itself, and on behalf of all persons or entities that may own an interest in the Property or in the Units in the future, that during the term of this Declaration no action shall be taken to challenge, cancel, reduce, or otherwise negate the Transfer Payments required to be made to the City pursuant to the terms of this Declaration. 5. Default; Remedies, Dispute Resolution. 5.1 Notice of Default. In the event of failure by Developer, the Association, or the Owners of Units to perform any material term or provision of this Declaration, the City shall have those rights and remedies provided herein, provided that the City has first provided to the defaulting party a written notice of default in the manner required by Section 7.1 hereof identifying with specificity the nature of the alleged default and the manner in which said default may satisfactorily be cured. 5.2 Cure of Default. Upon the receipt of the notice of default, the defaulting party shall promptly commence to cure, correct, or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of such default not later than five (5) business days [or thirty (30) days for non -monetary defaults] after receipt of the notice of default, or, for such non -monetary defaults that cannot reasonably be cured, corrected or remedied within thirty (30) days, the defaulting party shall commence to cure, correct, or remedy such default within such thirty (30) day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 5.3 City Remedies. In the event of an uncured default by Developer, its successors in interest, the Association, or the Owners of the Units of the terms of this Declaration, the City, at its option, may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Declaration. 6. Miscellaneous. 6.1 Notices. Any notices, demands or other communications required or permitted to be given by any provision of this Declaration or which any party may desire to give the other shall be given in writing, delivered personally or sent by certified mail, postage prepaid, 4 2 3 882/015610-0096 799454.09 a05/12/08 facsimile, or by a reputable delivery service which provides a receipt with the time and date of delivery, addressed to a party, at the addresses set forth below, or to such other address as said party may hereafter or from time to time designate by written notice to the other party. To Agency: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 PhoneNo.: 760-777-7100 FacsimileNo.: 760-777-7101 Attention: Assistant Executive Director With a copy to: Rutan & Tucker, LLP 611 Anton, Suite 1400 P.O. Box 1950 Costa Mesa, California 92628 PhoneNo.: 714-641-5100 Facsimile No.: 714-546-9035 Attention: M. Katherine Jenson, Esq. To Developer: Crown Pointe Partners, LLC 8905 SW Nimbus Avenue, Suite 400 Beaverton, OR 97008 Phone No.: (503) 670-9300 Facsimile No.: (503) 670-9400 Attention: Louis Swart With a copy to: Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP 2815 Townsgate Road, Suite 330 Westlake Village, CA 91361 Phone No.: (805) 446-1496 Facsimile No.: (805) 446-1490 Attention: James D. Vaughn, Esq. Notice given by United States Postal Service or delivery service as provided herein shall be considered given on the earlier of the date on which said notice is actually received by the party to whom such notice is addressed, or as of the date of delivery, whether accepted or refused, established by the United States Postal Service return receipt or such overnight carrier's receipt of delivery, as the case may be. Any such notice not so given shall be deemed given upon receipt of the same by the party to which it is addressed. 6.2 Force Maieure. In addition to specific provisions of this Declaration, performance by either party hereunder shall not be deemed to be in default where delays or failures to perform arc due to war, insurrection, strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, terrorism, epidemics, quarantine restrictions, freight embargoes, governmental restrictions imposed or mandated by other governmental entities, governmental restrictions or priority, unusually severe weather, inability to secure labor, materials, or tools necessary for the Project, delays of any contractor, '82/015610-0096 -5- 4 24 799454 09 OVUM subcontractor or supplier; acts of another party, acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City or the Agency shall not excuse performance by the City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Declaration may also be extended in writing by the City and the Developer. Notwithstanding the paragraph above, Developer is not entitled pursuant to this Section 7.2 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction or permanent financing for the development or operation of the Project, or because of economic or market conditions. 6.3 Books and Records. Upon not less than forty-eight (48) hours written notice to Developer (or its successor or assigns), Developer shall make available to City for inspection and copying the books and records of Developer pertaining to the Project which are relevant to an audit by the City of Developer or its successor in interest's compliance with the terms of this Declaration. 6.4 Developer's Limitation on Damages. Developer covenants on behalf of itself and its successors and assigns, including the Owners of the Units, not to sue the City for damages or monetary relief for any claim arising out of or connected with any dispute, controversy, or issue between Developer and City regarding this Declaration or any of the matters referred to herein including but not limited to any of the payments required to be made hereunder. 6.5 MortIzagee Protection. No portion of this Declaration or any amendment or violation hereof shall operate to defeat or render invalid, in whole or in part, the rights of the beneficiary, insurer, guarantor, or holder of any mortgage or deed of trust encumbering any portion of the Property; provided that, after foreclosure of any such mortgage or deed of trust, the property foreclosed shall remain subject to this Declaration. 6.6 Governiniz Law. This Declaration shall be governed by the internal laws of the State of California, without regard to conflict of law principles. 6.7 InteKpretation; IncoKporatio . This Declaration shall be interpreted to give each of the provisions their plain meaning. The Recitals and the exhibits attached hereto are incorporated into the Declaration. 6.8 Language Construction. Designations used herein are for convenience only and shall not be controlling in the interpretation of this Declaration. 6.9 Amendment. This Declaration may only be amended pursuant to a written amendment, executed by Developer (or its successor or assign) and City, and recorded in the Office of the Recorder of Riverside County, California. 8821015610-0096 -6- 799454 09 a05/12/08 425 6.10 CounteKparts. The parties may execute this Declaration in counterparts. Each counterpart shall be deemed an original instrument as against any party who has signed it. 6.11 Successors and Assigns. All of the terms, covenants and conditions of this Declaration shall be binding upon the Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Declaration, such term shall include any other permitted successors and assigns as herein provided. 6.12 No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Declaration to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Declaration. 6.13 Severabili!y. If any term, provision, condition or covenant of this Declaration or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Declaration, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 6.14 Time of Essence. Time is expressly made of the essence with respect to the performance by the City and the Developer of each and every obligation and condition of this Declaration. 6,15 Non-Liabili!y of Officials and Employees of the City. No membe . r, official or employee of the City shall be personally liable to the Developer, 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 Developer or its successors, or on any obligations under the terms of this Declaration. 6.16 Attorneys' Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Declaration, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, reasonable attorneys' fees and expert witness fees. [signatures on next page] 4 2 6 882/015610-0096 -7- 799454.09 aO5/12/08 IN WITNESS WHEREOF, City and Developer have executed this Declaration as of the date written above. "CITY" CITY OF LA QUINTA, a California municipal corporation 0 ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney City Manager "DEVELOPER7 a By: Its: 882/015610-0096 799454.09 aO5/12/08 State of California County of _ On before me, , Notary Public, (here insert nme and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/i�e 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) State of California County of — On before me, , Notary Public, (here insert nme md title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/�;e 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 4 2) 8 '82/015610-0096 -9- 799454 09 aO5/12/08 EXHIBIT A TO CITY DECLARATION OF CC&RS LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8, 2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40-40'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155,87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; THENCE SOUTH 44'42'29' EAST, 102.05 FEET; THENCE SOUTH 01*38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04*59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57008'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50004'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19-56'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10-14'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, 14AVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16'40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE 4 2 9 882/015610-0096 EXHIBIT A 799454 09 a05/12/08 WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00-0011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40045'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028,01" , AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 4 30 882/015610-0096 EXHIBIT A 799454.09 OVUM EXHIBIT B TO CITY DECLARATION OF CC&RS LEGAL DESCRIPTION OF BENEFITED PUBLIC PROPERTY [see following documents] 431 892/015610-0096 EXHIBIT B 799454 09 a05/12109 CMC CENTER CAMMS 0 E S C R I P T 1 0 N The land referred to in this report is situated In the County of Riverside, State of California, and is described as follows: PARCEL 1: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at a point on the North line of said Northeast quarter of the Southwest quarter which bears South 89047'20" West, 966.90 feet from the centerline of said Section 6; thence South 0001213011 East, 632.10 feet parallel with the West line of said Northeast quarter of the Southwest quarter to the North line of Lot "ll" being also the North line of Avenida La Fonda, as shown on the map of the Desert Club Tract No. 2, recorded in Book 20 Page 6 of Maps, in the Officie of the County Recorder of said County; thence South 89045130" West, 230.00 feet on the North line of said Lot "ll"; thence North 72053130" West, 74.59 feet on the North line of said Lot "H"; thence on a curve concave to the Southwest on the Nor�herly line of said Lot "H" having a radius of 197.50 feet through an angle of 17 16'00", 59.52 feet to the West line of said Northeast quarter of the Southwest quarter of Section 6; thence North 0001213011 West, 601.30 feet on the West line of said Northeast quater of the Southwest quarter of Section 6 to the Northwest corner of said Northwest quarter of the Southwest quarter of Section 6; thence North 89047'2011 East, 360.00 feet on the North line of said Northeast quarter of the Southwest quarter of Section 6, to the point of beginning. EXCEPT the North 30-00 feet. PARCEL 2: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: 432 882/015610-0096 EXHIBIT B 799454 09 a05/12/08 Beginning at a point on the North line of said Northeast quarter of the Southwest quarter which bears South 89047'20" West, 706.90 feet from the center of said Section 6; thence South 00022,30" East, 631.96 feet parallel with the West line of the said Northeast quarter Of the Southwest quarter to the North line of Lot "H" being also the North line of Avenida La Fonda, as shown on a map of The Desert Club Tract No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said County; thence South 6904513011 West 260.60 feet on the North line of said Lot 911; thence North 00012130" West. 632.10 feet parallel with the West line of said Northeast quarter of the Southwest quarter of the North line of said Northeast quarter of the Southwest quarter; thence North 8904712011 East, 260.00 feet on the North line of the said Northeast quarter of the Southwest quarter of Section 6, to the point of beginning. EXCEPT the North 30.00 feet. PARCEL 3: That portion of the Northeast quarter of the Southwest quarter of Section 6, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, described as follows: Beginning at the center of said Section 6; thence South 00009'301, East, 631.58 feet on the quarter section line to the North line of Lot "H", being also the North line of Avenida La Fonda, as shown by map of the Desert Club No. 2, recorded in Book 20, Page 6 of Maps, in the Office of the County Recorder of said County; thence South 8904513011 West, 706.35 feet; thence North 00012130" West, 631.96 feet to the North line of said Northeast corner of the Southwest quarter; thence North 690471201, East, 706.90 feet on the North line of said Northeast quarter of the Southwest quarter to the point of beginning. EXCEPT that portion described in deed from John L. Marshall and wife, recorded December 7, 1931 in Book 6, Page log of Official Records as as Instrument No. 328. ALSO EXCEPT the North 30.00 feet. 4-03 882/015610-0096 EY.HIBIT B 799454 09 aO5/12/08 FIM STATION The following described real property is situated in the City of La Quinta, County of Riverside, State o' C71_4fornia. That portion of the northeast one -quarter of Section 16, Township 6 South - Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, described as follows: Commencing at the northeast quarter of Section 16 as shown on a Record of survey, filed in Book 70, pages 96 through 98 inclusive, of Records of Survey, in the office of the County Recorder, of said County, said point also being the centerline intersection of 54th Avenue and Madison Street; Thence South 89' 031 034' West along the centerline of 54th Avenue, a distance of 460-00 feet;' Thence South 00* 561 57" East at right angles to the centerline of 54th Avenue, a distance of 50,.�O Xeet to a point on the southerly right of way line of 54th Avenue, said point being the point of beginning; Thence North 89* 031 03" East along the southerly right of way line of 54th Avenue, a distance of 383.96 feet; Thence South 461 43' 5011 East a distance of 32.08 feet to a point on the westerly right of way line of Madison Street, and said point located 55.00 feet from the centerline of Madison Street; Thence South 02' 301 40" East along the westerly right of way line of Madison Street, a distance of 272.10 feet; Thence West a distance of 12.00 feet to the beginning of a tangent curve, concave south easterly and having a radius of 38.00, through a central angle of 900 00' 0011, an arc distance of 59.69 feet; Thence West a distance of 80.92'feet, to a point of a curve, concave southwesterly and having a radius of 174.00 feet, through a central angle of 280 291 5611, an arc distance of 86.55 feet; 1� Thence North 450 00' 00" West, a distance of 264.41 feet to the beginning of a tangent curve, concave southwesterly and having a raduis of 242.69 feet, through a central angle of 160 511 of 71.40 feet; 26" , an arc distance Thence North 00* 561 57" West, a distance of 22.50�feet to the point of beginning. Consists Of 1.954 Acres. no 882/015610-0096 EXHIBIT B 799454A9 a05/12108 ADJACENT STREETS: Streets, sidewalks, and all other public improvements contained within the following portions of public right of way: The portion of Avenue 54 located between Jefferson Street and Madison Street; The portion of Madison Street located between Avenue 54 and Avenue 58; The portion of Avenue 58 located between Madison Street and the Jefferson Street alignment. 4 3 882/015610-0096 EXHIBIT B 799454 09 aO5/12108 EXHIBIT C TO CITY DECLARATION OF CC&RS DOCUMENTARY TRANSFER TAX LAW [See following document] 4 3 '821015610-0096 EX141131T C 799454 09 a05/12/08 DOCUMENTARY TRANSFER TAX ACT § 11901. Short title This act is known and may be cited as the "Documentary Transfer Tax Act." (Added by Stats.1967, c. 1332, p. 3162, § 1, operative, Jan. 1, 1968. Amended bV Stats.196i, c. 17, p. 160, § 3, elf. April 9, 1968, operative July 1, 1968.) § 11902. County defined "County" shall include a city and county. (Formerly § 11903 added by Stats.1967. c. 1332, p. 3162, § 1. operative Jan. J, 1968. Renumbered § 11 �02 and amended by Stats. 1968, c. 17, p. 160, § 5, eff. April 9. 1968, operative July 1, 1968.) § 11903. Recorder defined "Recorder" means the recorder of a county. (Formerly § 11904, added by Stats.1967, c. 032, p. 3162, § 1, operative Jan. 1. 1968. Renumbered § 11903 and amended by Stats.1968, c. 17, p. 161, § 6, eff. April 9, 1968, operative July 1, 1968.) § 11911. imposition; instruments subject to tax; consideration or value Of property; rate; credits (a) The board of supervisors of any county or city and county, by an ordinance adopted pursuant to this part, may impose. on each deed, instru- ment, or writing by which any lands, tenements, or other realty sold within the county shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($ 100) a tax at the rate of fifty- five cents ($0.55) for each five hundred dollars (S500) or fractional part thereof. (b) The legislative body of any city which is within a county which has imposed a tax pursuant to subdivision (a) may, by an ordinance adopted pursuant to this part, impose, on each deed, instrument, or writing by which any lands, tenements, or other realty sold within the city shall be granted, assigned, transferred, or otherwise conveyed to, or ve ' sted in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds one hundred dollars ($100), a tax at the rate of one-half the amount specified in subdivision (a) for each five hundred dollars ($500) or fractional part thereof. (c) A credit shall be allowed against the tax imposed by a county ordinance pursuant to subdivision (a) for the amount of any tax due to any city by reason of an ordinance adopted pursuant to subdivision (b). No credit shall be allowed against any county tax for a city tax which is not in conformity with this part. (Added by Stats.1967, c. 1332, p. 3162. § 1. operative Jan. 1, 1968.) 882/015610-0096 EXHIBIT C 799454.09 aO5/12/08 § I 19 11. 1. Tax roll parcel number Any ordinance which imposes the documentary transfer tax may require that each deed, instrument or writing by which lands, tenements. or other realty is sold, granted, assigned, transferred, or otherwise conveyed, shall have noted upon it the tax roll parcel number. The number will be used only for administrative and procedural purposes and will not be proof of title and in the event of any conflicts, the stated legal description noted upon the document shall govern. The validity of such a document shall not be affected by the fact that such parcel number is erroneous or omitted, and there shall be no liability attaching to any person for an error in such number or for omission of such number. (Added by Stats.1971, c. 102, p. 132, § 4, eff. May 25, 1971.) § 11912. Persons required to pay tax Any tax imposed pursuant to Section 11911 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Added bv Stat.s.1967, c, 1332. p. 3162, § 1, operative Jan. 1, 1968.) § 11913. Mobtlehome installed on a foundation system The transfer of any mobilehorne installed on a foundation system, pursuant to Section 18551 of the Health and Safety Code, and subject to local property taxation shall be subject to this part. (Added by Stats. 1979, c. It 60, p� 4360, § 11.) § 11921. instrument securing debt Any tax imposed pursuant to this part shall not apply to any instrument in writing given to secure a debt. (Added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1. 1968.) § 11922. Instruments of United States, state, territory or political subdivi- sion, etc. Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this part when the exempt agency is acquiring title. (Added by Stats.1967, c. 1332. p. 3162, § 1. operative Jan. 1, 1968. Amended by Statb.1969, C. 1102, § 1: Stats.1969, C. 1108, § 1.) 4 31 8 882/015610-0096 EXHIBIT C 799454 09 a05Y12108 j 1192& Conveyances under reorganilation Or wbustment Plans W Any ma imposed pursuant to this part shall not apply to the making, delivering, or Ming o conveyances to make effective any plan of reorganization or adjustment that is any of the followinir. (1) Confirmed under the Federal Bankruptcy Act 1, as amended. (2) Approved in an equity receivership proceeding in a court invohrftW a railroad corporation, as def�—Med in 0 * 0 Section 101 of Title 11 of the United States Code, as amended. Approved in an equity receivership proceeding in a court involving a corporation, as defined in Section 101 ofTitle 11 of the United States Code, a amended 4 * *. (4) Whereby a mere change in identity, form, Or place Of Organization is effected. (b) Subdivision (a) * * * shall only apply if the making, delivery, or Mg of instruments of trander or conveyanoe, occurs within live yearre; from the date of the confirmation, approva� or change. (Added by Stats.1967, c. 1= p. 3162, § 1, operative Jan. 1, 1968. Amended by Stats.2006, c. 538 (S.B.1962), § 620.) § 11924. Conveyances under order of securities and exchange commission Any tax imposed pursuant to this part shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the internal Revenue Code of 1954; ' but only if — (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935;' (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order, (Added by Stats.1967, C. 1332, p. 3162, § 1, operative Jan. 1, 1968.) 119M Transfer of certain partnership property (a) In the case of my malty held by a partnership or other entity treated Mrship for federal an3 tax purposel, no levy sholl be imposed pursuant to this pact by re of any transfer of an rtlmzat in the partneramp or other entity or otherwise, if * - 0 both of the following occur. (1) The partnership * * * or other L as a partnership * * - is considered a continuing partneWip within the meaning of Seen, VAUSIVAInternal Revenue Code of . . . 1986.1 (2) The continuing partnership or other entity treated as a partnership continues to hold the realty concerned. (b) If them is a termination of my partnership or other enti sted rtnershlLfor I eral us or 198� income tax purposes, within the meaning of NeCrion 7UM or tl= Ven 6 for purposes of this part. the partnership or other shall be trmted as having executed an instrument whereby then was coWeyed, for fair t value (exchuhre of the value of any lien or encumbr� remaining thereon), all realty held by ft Partnership or other at the time of the tennination. (c) Not more than one tax shall be imposed pursuant to this part by a county, city and county or city by reason of a termination described in subdivision (b), and any transfer Pursuant thereto, with respect to the realty held by a partnership or other entity treated as a partnership at the time of the termination. (Added by Stata.1967, c. 13M p. 3162, 1 1, operative Jam 1, 196& Amended by Stata.1999, c. 75 (A-B.14W, § 1.) 4 3) 9 882/015610-0096 EXHIBIT C 799454.09 a05/12/08 § 11926. Inapplicability to deed instrument or writing to beneficiary or mortgagee taken In lieu of foreclosure; exception; notations required on deed, etc., affidavit Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing or stated in an affidavit or declara- tion under penalty of perjury for tax purposes. (Added by Stats. 197 1, c. 417, p. 804, § 1. Amended by Stats. 1973, c. 645, p. I 188, § 1; Stats.1974, c. 413, p. 1003, § 1.) § 11927. Deed, instrument or other writing which purports to transfer, divide or allocate property assets between spouses under judg- ment of dissolution of marriage, separation or agreement In contemplation of judgment or order (a) Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi -community, or quasi -marital property assets be- tween spouses for the purpose of effecting a division of community, quasi - community, or quasi -marital property which is required by a judgment decree- ing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the Family Code, or by a written agreement between the spouses. executed in contemplation of any such judgment or order, whether or not the written agreement is incorporated as part of any of those judgments or orders. (b) In order to qualify for the exemption provided in subdivision (a), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed. instrument, or other writing is entitled to the exemption. (Added bv Stats. 198 1, c 985, p. 382 1, § 1. Amended by Stats. 1992, c. 163 (A 8.264 1), § 133, operative Jan. 1, 1994.) § 11928. Deed, instrument or other writing for conveyance of realty by state or political subdivision or agency with agreement for purchaser to reconvey Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. (Added by Stats.1987, c. 301, § 1.) 440 882/015610-0096 EXHIBIT C 799454 09 a05/12/08 § 11929. Deed. instrument, or other writing for conveyance by state, politi- cal subdivision or agency of realty financed by obligations issued by nonprofit corporation Any tax imposed pursuant to this part shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivision thereof. or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition. construction, or improvement of which was financed or refinanced by obligations issued by the nonprofit corporation on behalf of a governmental unit, within the meaning of Section 1.103-1(b) of Title 26 of the Code of Federal Regulations. (Added bv Stats.1987, c. 301, § 2.) i 11M. inter vivom iltits or death: transactions for Lands, tenements, or realty� or interests therein Any tax imposed pursuant to this part shall not apply to any deed, instrument, or other writing which purports to grant, assign, trander, convey, dlMe, allocate, or vest lands, tenements, or realty, or any interest therein, if by reason of such inter vivos gift or by reason of the death of any person, such larals, tenemen* malty, or interests therein are transferred outright to, or in bud for the benefit of, any person or entity. (Added by Stats.1996, c. 80 (A-112751), 1 48.) § 1193 1. Credit against county tax if the legislative body of any city imposes a tax pursuant to subdivision (b) of Section 11911 equal to one-half the amount specified in subdivision (a) of Section 11911. the county in which such city is located shall grant a credit against the county tax in the amount of the city tax if the city's tax conforms to this part. The county shall collect all taxes imposed pursuant to this part and the county auditor sl�iall allocate the proceeds as follows: (1) All money which relates to transfers of real property located in unincor- porated areas of the county or in a city and county shall be allocated to the county or city and county, as the case may be. (2) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property pursuant to this part shall be allocated one-half to such city and one-half to the county. (3) All money which relates to transfers of real property located in a city which imposes a tax on transfers of real property not in conformity with this part shall not be credited against the county tax and the enti re amount collected by the county shall be allocated entirely to the county. (4) All money which relates to transfers of real property in a city which does not impose a tax on transfers of real property shall be allocated entirely to the county. (Formerly § 11932, added by Stats.1967, c. 1332, p. 3162, § 1, operative Jan. 1, 1968. Renumbered § 11931 and amended by Stats.1968, c. 17, p. 161. § 8. eff. April 9, 1968, Operative July 1, 1968.) 441 882/015610-0096 EXHIBIT C 799454 09 a05/12/08 § 11932. Submission of documents subject to tax for recordation; facts to beshown if a county has imposed a tax pursuant to this part, every document subject to tax which is submitted for recordation shall show on the face of the document the amount of tax due and the incorporated or unincorporated location of the lands, tenements or other realty described in the document. If the party submitting the document for recordation so requests, the amount of tax due shall be shown on a separate paper which shall be affixed to the document by the recorder after the permanent record is made and before the original is returned as specified in Section 27321 of the Government Code. (Added by Stats.1968, c. 17, p. 161, § 9. eff. April 9, 1968, operative July 1, 1968.) § 11933. Payment of tax as prerequisite to recording If a county has imposed a tax pursuant to this part, the recorder shall not record any deed, instrument or writing subject to the tax imposed pursuant to this part, unless the tax is paid at the time of recording. A declaration of the amount of tax due, signed by the party determining the tax or his agent, shall appear on the face of the document or on a separate paper in compliance with Section 11932, and the recorder may rely thereon; provided he has no reason to believe that the full amount of the tax due has not been paid. The declaration shall include a statement that the consideration or value on which the tax due was computed was, or that it was not, exclusive of the value of a lien or encumbrance remaining on the interest or property conveyed at the time of sale. Failure to collect the tax due shall not affect the constructive notice otherwise imparted by recording a deed, instrument or writing. (Added by Stats. 1968, c. 17, p. 16 1, § 11. eff. April 9, 1968, operative July 1, 1968. Amended by Stats-1969, c. 1102, § 2.) § 11934. claims for refunds; law governing Claims for refunds of taxes imposed pursuant to this part shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division I of this code. (Formerlv § 11935. added bv Stats.1967, c. 1332. p. 3165. § I operative, Jan. 1, 1968. Renumbered § 11934 and amended bv Stats. 1968, c. 17, p. 162, � 13, eff. April 9. 1968, Ope,utiw jul.v 1. 1968.) 442 882/015610-0096 EXHIBIT C 799454 09 a05Y12/09 EXHIBIT D TO CITY DECLARATION OF CC&RS FORM OF PAYMENT OF TRANSFER FEE REQUIRED [See following document] 443 882/015610-0096 EXHIBIT D 799454.09 aO5/12/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager (Space Above This Line for Recorder's Office Use Only) (Exempt from Recording Fee per Gov. Code § 27383) PAYMENT OF TRANSFER FEE REQUIRED Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons: A document imposing a requirement to pay a transfer payment (a "Transfer Payment") has been recorded with respect to the property described below (referred to in this instrument as the "Property"). Current Owner of Property Subject to CC&Rs: Crown Pointe Partners, LLC, an Oregon Limited liability company (the "Developer"). Title of Document Containing Transfer Payment Obligations: Declaration of Covenants, Conditions, and Restrictions (hereafter, "CC&Rs"'), entered into by and between the City of La Quinta, a California municipal corporation and charter city organized and existing under the Constitution of the State of California ("City"), and Developer. The CC&Rs are recorded concurrently with this instrument, in the official records of Riverside County. The CC&Rs contemplate that the Developer will develop the Property into a resort containing 264 units (each, a "Unit"), and that each of the Units will be sold to individual third party purchasers (each, an "Owner"). Legal Description of Property: See Exhibit "A" attached hereto and incorporated herein by this reference. Assessor's Parcel Number of Property: 775-220-02 1. Amount of Transfer Payment: The Transfer Payment amount is .55 of one percent (.55%) of the Owner's actual sales price for his or her Unit, with the 882/015610-0096 4 799454 09 a05/12/08 amount of such sales price verified by the City. For example, if the sales price is $250,000, then the Transfer Payment will be $1,375; if the sales price is $500,000, then the Transfer Payment will be $2,750; and if the sales price is $700,000, then the Transfer Payment will be $3,850. Date Transfer Payment Requirement Expires: The Transfer Payment requirement has no expiration date and runs with the land, in perpetuity. Purpose of Transfer Payment and Entity to which Payment is Paid: The purpose of the Transfer Payment is to compensate the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code resulting from development of the Property as a resort and not a traditional hotel. All Transfer Payments are to be paid to the City, and sent to: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Finance Director This instrument does not contain a full description of the details of all of the terms and conditions of the CC&Rs. You are hereby notified to read the CC&Rs to fully understand the Transfer Payment requirements which apply to the Property, and the individual Units to be developed thereon. This instrument is being recorded and filed in compliance with Civil Code Section 1098.5. [End — Signature page follows] 892/015610-0096 799454.09 OVUM -2- 445 "CITY" CITY OF LA QUINTA, a California municipal corporation M ATTEST: City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP City Attorney City Manager 446 882JO15610-0096 799454 09 aO5/12/08 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0096 -4- 447 799454 09 OVUM EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40-40'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42" EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22" EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45'08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; THENCE SOUTH 44'42'29" EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57-08'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUT14WESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19-56'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16040'48" WEST, THE 882/015610-0096 799454 09 aO5/12/08 -5- 448 PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00-0011" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON T14E WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHI131T "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 882/015610-0096 449 799454 09 a05/12/08 CONSENT TO RECORDATION CROWN POINTE PARTNERS, LLC, an Oregon Limited liability company ("Developer"), owner of the fee interest in the real property legally described in Exhibit "A" hereto, hereby consents to the recordation of the foregoing Payment of Transfer Fee Required against said real property. "Developer" M Un STATE OF CALIFORNIA ss. COUNTY OF On -5 —, before me, Notary Public, personally appeared 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 882/015610-0096 -7- 450 799454.09 a05/12/08 EXHIBIT "D" COMPLIANCE CERTIFICATE [See following docwnentl 882/015610-0096 451 798896.12 aO5/12/08 COMPLIANCE CERTIFICATE (EDENROCK DEVELOPMENT AGREEMENT) The undersigned, as the general partner of , a ("Developer"), pursuant to Section 4.1 of that certain Development Agreement dated , 2007, (the "Development Agreement"), by and among Developer and the City of La Quinta, a California municipal corporation (the "City"), by his/her signature below hereby certifies to the City, for the City's reliance that: I . Capitalized terms not defined herein shall have the same meaning as set forth in the Development Agreement; 2. The undersigned is familiar with the certifications and representations set forth in this Compliance Certificate; 3. Developer has performed and complied with its obligations under the Development Agreement to be performed or complied with by it on or prior to the date hereof Developer has also performed all Conditions of Approval to be performed or complied with by it on or prior to the date hereof. Not by way of limitation of the foregoing, the Developer warrant and represents that: (1) the City Declaration of CC&Rs required by Section 3.2.1 of the Development Agreement have been approved by the City and recorded against the Site; (2) the Developer CC&Rs required by Section 3.2.2 of the Development Agreement have been approved by the City and recorded against the Site; (3) all payments required pursuant to Section 3.3.2 of the Development Agreement for the building permits requested to be issued have been paid; (4) all payments required pursuant to Section 3.3.2 of the Development Agreement as of the date have been paid; and (5) all Conditions of Approval to be performed or complied with as of the date hereof have been satisfied in the manner set forth in Schedule 1, which schedule identifies all applicable Conditions of Approval and a description of how the condition has been satisfied. IN WITNESS WHEREOF, this Compliance Certificate is executed effective the day of , —, under penalty of perjury under the laws of California. a By: Its: 892/015610-0096 798896.12 a05/12/08 SCHEDULEI CONDITIONS OF APPROVAL [DEVELOPER SHALL ATTACH A FULL AND COMPLETE LIST OF ALL CONDITIONS OF APPROVAL THAT ARE APPLICABLE TO THE PROJECT TO DATE AND A DESCRIPTION OF HOW EACH CONDITION OF APPROVAL HAS BEEN SATISFIED.] 453 $92/015610-0096 798896 12 a05/12108 EXHIBIT "E" ASSIGNMENT AND ASSUMPTION AGREEMENT [See following document] 454 882/015610-0096 798896 12 aO5/12/08 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Clerk Space Above This Line for Recorder's Use (Exempt from Recording Fee per Gov't Code § 27383) ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment") is rnnde nnd entered into as of I ("Effective Date"), by and between "Developer" or "Assignor") and [ASSIGNEE] ("Assignee"), with reference to the Recitals. Recitals — (the following A. Assignor is the master developer of _ acres of real property located in the City of La Quinta, County of Riverside, State of California (the "Site"), which is legally described in Exhibit "A" attached here. B. Capitalized tenns not defined herein shall have the same meaning as set forth in the Development Agreement. C. Assignor, as "Developer," and the City of La Quinta, a California municipal corporation ("City"), have entered into that certain Development Agreement dated , 2008 (the "Development Agreement"), for purposes of, among other things, (i) setting forth a per -unit up front payment schedule for the Developer's payment to the City of certain amounts that the parties agree are designed to compensate the City for (A) the potential loss of anticipated general fund revenues as a result of the use of the Site for a residential resort use rather than as traditional tourist commercial use, such as a "hotel" as that term is defined in Section 9.280.030 of the La Quinta Municipal Code ("Hotel"); (B) the uncompensated costs of potential additional public services that the Development Plan will generate, which costs would have been recovered if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; and (C) the potential added wear and tear on the municipal infrastructure which will result from the Development Plan, the costs of which would have been compensated if the Site were to be developed for a traditional tourist commercial use, such as a Hotel; (ii) requiring the recordation against the Site of a City Declaration of CC&Rs that sets forth certain requirements of the owners of the Units in the Project to pay to the City a transfer payment upon the transfer of their Unit for purposes of compensating the City for loss of "Transient Occupancy Tax" (as that term is defined in Chapter 3.24 of the La Quinta Municipal Code; (iii) requiring the 882/015610-0096 798896.12 OVUM 455 recordation against the Site of a Declaration of CC&Rs that (a) provides for establishment of a homeowner's association for the Project (the "Association"); (b) is necessary to create a condominium regime for the Village Homes, Courtyard Homes, and the Manor Homes, as described on the Condominium Plan to be recorded in accordance with all applicable laws; and (iii) discloses to the owners of the Units the requirement set forth in Section 1.3 of the City Declaration of CC&Rs that the Owners pay to the City a transfer payment upon the sale, transfer, or conveyance of their Unit; and (iv) granting Developer a vested right to develop the Site according to the Development Plan, all as more particularly described in the Development Agreement. D. Concurrently with the Effective Date, Assignor shall have conveyed to Assignee the Site. E. In accordance with Section 7.1 of the Development Agreement, Assignor now desires to assign all of its obligations and its right, title, and interest in and to the Development Agreement to Assignee, and Assignee desires to accept such assignment on, and subject to, the terms and conditions set forth in this Assignment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Agreement I . Assignme . From and after the Effective Date, Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, interest, and obligation in, to and under the Development Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Development Agreement from and after the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, interest and obligation in, to and under the Development Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Development Agreement, from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Successors and As9m. This Assignment shall be binding upon and shall inure to the benefit of the successors and assigns of the respective parties hereto. 4. Governing L . This Assignment shall be governed by and construed in accordance with the laws of the State of California. 5. Further Assurances. The parties covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out this Assignment. 6. Authority of Signatories to Bind Principals. The persons executing this Assignment on behalf of their respective principals represent that (i) they have been authorized 882/015610-0096 456 798896 12 a05/12/08 to do so and that they thereby bind the principals to the terms and conditions of this Assignment and (ii) their respective principals are properly and duly organized and existing under the laws of, and permitted to do business in, the State of California. 7. Interpretatio . The paragraph headings of this Assignment are for reference and convenience only and are not part of this Assignment. They have no effect upon the construction or interpretation of any part hereof. The provisions of this Assignment shall be construed in a reasonable manner to effect the purposes of the parties and of this Assignment. 8. Counterparts. This Assignment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this Assignment has been executed by the parties as of the date set forth above. "Assignor" By: Its: "Assignee" [INSERT ASSIGNEE SIGNATURE BLOCK] 882/015610-0096 457 798896 12 a05/12/08 STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ss. COUNTY OF On before me, Notary Public, personally appeared , 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] 4 5) 3 882/015610-0096 -4- 798896 12 OVUM EXHIBIT "A" LEGAL DESCRIPTION OF SITE That certain real property located in the City of La Quinta, County of Riverside, State of California, described as follows: PARCEL A: PARCEL 2 OF LOT LINE ADJUSTMENT NO. 204-411 RECORDED OCTOBER 8,2004 AS INSTRUMENT NO. 2004-0803272 MORE PARTICULARLY DESCRIBED AS THAT PORTION OF LOT I OF TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; AS ADJUSTED BY LOT LINE ADJUSTMENT NO. 97-244, RECORDED JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89-30'11" EAST, 272.69 FEET TO THE EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAID NORTHERLY LINE OF LOT 1, SOUTH 40040'11" EAST, 192.39 FEET; THENCE SOUTH 36'16'42': EAST, 201.26 FEET; THENCE SOUTH 53'20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22' EAST, 193.32 FEET; THENCE NORTH 85'54'55" EAST, 305.51 FEET; THENCE SOUTH 76'33'32" EAST, 155.87 FEET; THENCE SOUTH 45*08'33" EAST, 221.84 FEET; THENCE SOUTH 51'13'44" EAST, 112.98 FEET; THENCE SOUTH 54'28'39" EAST, 110.02 FEET; THENCE SOUTH 44042'29" EAST, 102.05 FEET; THENCE SOUTH 01'38'20" WEST, 37.58 FEET; THENCE SOUTH 45'00'00" WEST, 209.79 FEET; THENCE SOUTH 04'59'49" WEST, 201.91 FEET; THENCE SOUTH 39'23'09" EAST, 81.63 FEET TO A POINT ON A SOUTHEASTERLY LIKE OF SAID LOT 1, SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 26'32'46" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT I AND SAID CURVE THROUGH A CENTRAL ANGLE OF 57-08'46", AN ARC DISTANCE OF 80.79 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE CURVE BEARS NORTH 83041'32" WEST; THENCE SOUTHWESTERLY ALONG SAID TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF LOT 1, SOUTH 50-04'10" WEST, 304.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30013'14", AN ARC DISTANCE OF 264.78 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT COMPOUND CURVE BEARS SOUTH 09042'36" EAST; THENCE WESTERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 19056'47", AN ARC DISTANCE OF 503.05 FEET; THENCE NORTHERLY LEAVING SAID CURVE, NORTH 10014'10" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, 14AVING A RADIUS OF 1440.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 10014'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06026'37", AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY, 14AVING A RADIUS OF 882/015610-0096 798896 12 aO5/12/08 285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16-40'48" WEST, THE PRECEDING 4 COURSES BEING ON THE SOUTHERLY LINE OF SAID LOT 1; THENCE WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 73019'01", AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH 00-OO'll" WEST, 478.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 49014'43", AN ARC DISTANCE OF 330.90 FEET; THENCE LEAVING SAID TANGENT CURVE NORTH 40'45'07" EAST, 5.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 260.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40-45'07" WEST; T14ENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45028'01", AN ARC DISTANCE OF 206.32 FEET; THENCE NORTH 03'46'53" WEST, 404.79 FEET TO THE POINT OF BEGINNING, THE PRECEDING 6 COURSES BEING ON THE WESTERLY LINE OF SAID LOT 1. PARCEL B: LOT K OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; and PARCEL C: TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER SAME, NONEXCLUSTVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR (INCLUDING CONSTRUCTION VEHICLES) INGRESS AND EGRESS, OVER AND ACROSS THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (THE "ACCESS STREETS"). 882/015610-0096 798896 12 .05112/08 OF COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Consideration of Imperial Irrigation District 01D) Energy Reduction Program and Green and Sustainable Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a City of La Quinta (City) and Imperial Irrigation District (11D) Energy Reduction Program and Green and Sustainable Program (Program). FISCAL IMPLICATIONS: M_ IID will conduct energy surveys of City properties, which will result in recommended improvements with a fiscal impact. Staff expects to bring cost estimates and recommendations for building improvements to the Council during the Fiscal Year 2008-2009 Mid — Year report. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The City of La Quinta has been proactively developing a "Green and Sustainable La Quinta" City-wide environmental program. At the July 3, 2007 City Council meeting, discussion was held regarding developing a City "Green Building Program." A presentation was made by Mr. Fred Bell of the Building Industry Association. Green Builder is an environmental building and certification program for residential construction. The program focuses on five major 461 areas of certification: energy efficiency, water conservation, wood conservation, advanced ventilation, and construction waste diversion. Certified homes will incorporate water -efficient landscaping and fixtures, utilize high -efficiency insulation and ventilation systems, contain environmentally -sound building materials, initiate waste reduction methods during construction, and will be 15 percent over Title 24 building code energy efficiency standards. Green Builder has an existing partnership with Imperial Irrigation District (11D) and Burrtec for builder and homeowner incentives. IID provides efficiency diagnostics, inspections, and a certification which lead to financial incentives; and Burrtec provides a 15 to 30 percent discount to builders for bin removal services. On December 4, 2007, the City Council approved a cooperative Landscape Water Management Program to develop a partnership with Coachella Valley Water District (CVWD). The Council appropriated $50,000, which included the development of $25,000 in cost sharing with CVWD for landscape design and consulting services and $25,000 cost sharing with CVWD for homeowners. Included in the cooperative program with CVWD is the continuation and expansion of the City/CVWD Weather Based Irrigation program and a Cooperative Landscape Water Management program which contains five main components: 1. Water management opportunities on City properties 2. Water management opportunities in single-family homes 3. Water management opportunities for homeowner association properties 4. Water management opportunities on golf courses 5. Public relations opportunities On December 18, 2007, the City Council held a study session to discuss the City's Green and Sustainable La Quinta Program." The discussion included an update on all the various programs and training City staff has been involved in to develop a City energy program. Also discussed was a summary of the various utility programs and incentives offered by CVWD, IID, and Southern California Gas (Gas Co). On March 4, 2008, the City Council adopted a Resolution agreeing to participate in the CVAG Energy Conservation and Resource Sustainability Program. The resolution is part of the Energy Conservation Action Plan adopted by the CVAG Executive Committee and provides an opportunity for CVAG jurisdictions to join in the regional conservation goal of reducing Valley -wide per capita energy consumption by 10 percent by the year 2012. Coachella Valley Association of Governments Regional Partnership In March 2007, the CVAG Executive Committee established an Energy Conservation 462 Subcommittee and initiated an effort to promote sustainable energy use and opportunities for energy savings for ratepayers. This subcommittee includes elected officials, city staff, utilities, and members at large. In July 2007, the CVAG Energy Conservation Subcommittee approved an Energy Conservation Action Plan which includes a Valley -wide goal to reduce per capita energy use in the Coachella Valley by 10 percent by 2012. On March 20, 2008, CVAG's Energy Conservation Subcommittee discussed and approved a regional partnership with utility companies for energy conservation. The dedicated participation from Southern California Edison, IID, the Gas Co., CVWD, the Desert Water Agency and Mission Springs Water District will help advance efforts to provide energy savings for ratepayers in the Coachella Valley, promote sustainable energy use, and present a consistent message and vision for energy consumers. Partnership with Imperial Irrigation District The City is now in the process of developing a cooperative partnership with the IID. This partnership between the City and IID will initially focus on energy conservation and green house gas emissions reduction on City -maintained properties. Once the City properties (new construction, existing buildings, and pumping stations) are reviewed and the energy cost reduction opportunities are identified, the next step will include expansion of the initial program to the City's business and residential customers. This expansion will be accomplished through utilization of IID's Residential and Low Income Programs, Commercial and Industrial customer programs such as the New Construction Energy Efficiency, Energy Saving Partnership and Custom Solutions Programs, and finally Agricultural Energy Efficiency Programs. This partnership will rely on IID's prescriptive and performance based incentives, technical and marketing assistance provided by IID's energy consultants and finally by the regular measurement of the achievements in this partnership. This overall partnership program includes energy conservation and cost reduction opportunities in the following areas: 1) City -owned properties (including existing and new buildings and pump stations); 2) La Quinta residences (through IID's Low Income Energy Efficiency Program, Air Conditioner or Heat Pump rebate programs); 3) La Quinta commercial and industrial businesses and golf courses (through IID's existing energy conservation programs such as Energy Savings Partnership, Custom Solutions Program, and Pump Testing Programs); 4 6 3 4) La Quinta non-residential new building construction and expansions (through IID's New Construction Energy Efficiency Program); and 5) Public relations opportunities (from energy efficiency and green house gas emissions reduction perspective). A detailed action plan of the above -listed items is attached (Attachment 1). A description of IID residential programs titled "Home Efficiency Programs" is also attached (Attachment 2). The goal of this partnership is to reduce energy cost and consumption by modernizing existing buildings with newly upgraded lighting, air-conditioning, controls, motors and pumps. In new building design, this program will ensure that the new designs beat the Title 24 standards sufficient to qualify for IID rebates and that the designs include sustainable building practices. This strategy will not only conserve energy and decrease long-term operating and maintenance costs, but it will also assist the City and its community members in sustainable and responsible long-term growth. FINDINGS AND ALTERNA The alternatives available to the City Council include: Approve a City of La Quinta and Imperial Irrigation District Energy Reduction Program and Green and Sustainable Program; or 2. Do not approve a City of La Quinta and Imperial Irrigation District Energy Reduction Program and Green and Sustainable Program; or 3. Provide staff with alternative direction. Respectfully submitted, X �1_ /_-/� Bret M. Plumlee, Assistant City Manager — Management Services 4 -4 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 Energy Reduction Program and Green and Sustainable Program 2. Home Efficiency Programs 4 6 5 ATTACHMENT 1 City of La Quinta / Imperial Irrigation District Energy Reduction Program and Green and Sustainable Program Program Description This partnership between the City of La Quinta (City) and the Imperial Irrigation District (11D) will initially focus on energy conservation and green house gas emissions reduction on the City -maintained properties. Once the City properties (new construction, existing buildings, and pumping stations) are reviewed and the energy cost reduction opportunities are identified, our next step will include expansion of this initial program to the City's business and residential customers. This expansion will be accomplished through utilization of IID's Residential and Low Income Programs, Commercial and Industrial customer programs such as the New Construction Energy Efficiency, Energy Saving Partnership and Custom Solutions Programs, and finally Agricultural Energy Efficiency Programs. This partnership will rely on IID's prescriptive and performance based incentives, technical and marketing assistance provided by IID's energy consultants and finally by the regular measurement of the achievements in this partnership. These initial efforts are part of an overall program to improve energy efficiency and reduce green house gas emissions at the City facilities as well as with the City's business and residential community. This overall partnership program includes energy conservation and cost reduction opportunities in the following areas: 1 ) City Owned Properties including existing and new buildings and pump stations 2) La Quints Residences through IID's Low Income Energy Efficiency Program, Air Conditioner or Heat Pump rebate programs 3) La Quinta Commercial and Industrial Businesses and Golf Courses through IID's existing energy conservation programs such as Energy Savings Partnership, Custom Solutions Program, and Pump Testing Programs 4) La Quinta Non-residential New Building Construction and Expansions through IID's New Construction Energy Efficiency Program 4-06 5) Public Relations Opportunities from energy efficiency and green house gas emissions reduction perspective The goal of this partnership is to reduce energy consumption by modernizing existing buildings with newly upgraded lighting, air-conditioning, controls, motors and pumps. In new building design, this program will ensure that the new designs beat the Title 24 standards sufficient to qualify for HID rebates and that the designs include sustainable building practices. This strategy will not only conserve energy and decrease long term operating and maintenance costs, but it will also assist the City its community members in sustainable and responsible long term growth. The following are descriptions of the main program components: City Properties The City and HID will prioritize City properties by energy usage and opportunity. The City and IID will conduct energy surveys of City - maintained properties and prioritize them according to energy savings potential, cost reduction, and green house gas emissions 111) will provide annual utility bills, energy surveys and a brief and actionable report that will outline the recommended measures V IID will assist the City in designing a package of conservation measures tailored to each property. Typical energy conservation measures considered are lighting upgrades, air conditioner tune up and replacement, installation of occupancy and temperature controls, pump and motor efficiency improvements, and renewable energy projects Ill) and the City will document energy and green house gas reductions by engineering calculations III) will assist the City in applying for California Energy Commission financing if available and requested III) will assist the City in applying for any eligible III) rebate programs ACTION ITEMS: a Survey all main City buildings and prioritize recommended improvements 4 67 Survey and pump test the City's water pumping facilities each greater than 10 hp, quantify energy savings potential, and recommend corrective action Provide design review assistance for the City's new SilverRock Clubhouse for Title 24 compliance and to participate in IID's New Construction Energy Efficiency Program (Must be a minimum of 10% better than Title 24 for III) rebates) Ensure that HID income qualified tenants of City owned residences can participate in IID's Low Income Programs Ensure that City facilities can take advantage of IID's renewable energy incentives for solar photovoltaic power generation Define and measure reductions in City facility and operations greenhouse gas emissions City's Residences V HID will make available and market its Low Income Programs to provide energy conservation measures and discounts for qualified tenants V HID and the City will develop example projects and case studies that will state the current conditions, recommendations, and the results ACTION ITEMS: City will prepare a list of qualified residences based on their vacancy for the IID's Low Income Program contractor to implement energy conservation and cost reduction measures IID's energy efficiency programs will provide the cost of Low Income home energy efficiency upgrades up to $750 per residence The RDA through IID's low income program contractor will retrofit its Cove homes as they become available with low income energy efficiency program measures including lighting, weather stripping, air conditioning tune-ups 4 -8 U • IID will review energy bills of participants and provide summary information to the City • Encourage BIA Green Builder Program and LEED programs • Work with BIA, builders, etc., to encourage green building practices for new construction City's Commercial, Industrial, and Golf Course Customers • IID will provide energy management technical assistance and follow-up with the selected commercial, industrial, and Golf Course participants. • IID will monitor and provide participants' energy use records to document savings and to prepare brief and actionable reports • IID and the City will develop example projects and case studies that will state the current problem, recommendations, and the results • IID will offer pumping system improvement evaluations and technical assistance to golf course managers to improve water use efficiency in water pumping facilities • IID will promote participation in its Pump Testing program. • IID will work with Golf Courses to assist them in more efficient golf course pumping and controls systems that will reduce energy costs significantly ACTION ITEMS: • City and IID will prepare a list of commercial, industrial, and golf course customers to provide energy management technical assistance • IID's energy efficiency programs will provide the lesser of $0.08 per kWh for one year of energy savings or up to 50% of the installation cost for the selected commercial and industrial customers, whichever is less • The RDA will retrofit its Cove homes with low income energy efficiency program measures including lighting, weather stripping, air conditioning tune-ups HID will review energy bills of participants and provide energy savings technical assistance to decrease energy use HID will provide 12 month energy consumption history and pump tests to be used by golf course manager to get a quote on servicing and, if necessary, upgrading their pump stations HID will maintain a database of energy savings, greenhouse gas emissions and improvements made City Non -Residential New Construction and Expansion Businesses The City will promote energy efficiency in new construction projects by being at least 10% better than the current Title 24 standard in City owned new construction and expansion projects V HID will offer technical assistance and design review services to assist the City development services personnel, and Architects and Engineers serving developers IIID's rebate for those buildings that are 10% below the current Title 24 standard will be $0.08 per kWh for one year of savings paid to the owner and between $0.03 to $0.06 per kWh for one year of savings to the Architectural and Engineering company ACTION ITEMS: City will share a list of new developments in early stages of design that can be impacted by IID's New Construction Energy Efficiency Program HID will provide training and technical assistance to Architects and Engineers for the success of this program HID will provide a monthly summary report on the number of projects, and energy saving recommendations and results Public Relations Opportunities V This program intends to increase awareness of energy conservation and therefore the participation for the City facilities and customers in IIID's existing energy efficiency programs 470 The City and HID will promote and publicize participation of their key customers to gain further success in energy efficiency The City and HID will select and prioritize City facilities for maximum visibility and program success The City's and IID's public relations departments will work together to produce news releases, City newsletter articles, 111) newsletter articles, and presence in various events ACTION ITEMS: The City and III) will prepare a feature section for the City's monthly newsletter describing this partnership and promoting energy efficiency The City and 111) will create award programs for energy efficiency to stir public interest and involvement The City and Ill) will promote renewable energy projects as well as the importance of reducing green house gas emissions Attachment 2 Home Efficiency Programs IID Energy offers a variety of Public Programs for the benefit residential customers. These programs include financial assistance, rebates on ENERGY STARO qualified appliances, educational programs, rebates on energy efficient air conditioners/replacement and windows. These programs are an investment in our customer base. They are funded by the Public Benefits Charge, which is included on all customer electric bills. All of the Public Programs listed below are focused on energy efficiency and education. These benefits are long-term reaching far into our future. Home Energy Analysis IID Energy has several tools to help its residential customers better understand their energy usage through an on-line web based home energy calculator. In addition, residential customers can also view IID's home appliance fact sheets. Coachella valley area customers can simply call (760) 391 —5951 to schedule a FREE energy analysis of their homes. Energy Star Rebates IID Energy's Residential Rebate Program promotes the use of ENERGY STARO products. Qualifying product categories include: * ENERGY STAR qualified refrigerators a Energy -efficient central air conditioners • Energy -efficient heat pumps • ENERGY STAR qualified programmable thermostats • ENERGY STAR qualified room air conditioners • ENERGY STAR qualified dual pane windows * ENERGY STAR qualified TV's and Computers 4-179 For more information, please call (760) 391-5951 Solar / Photovoltaic Solutions Solar Energy, also known as Photovoltaic (PV) technology, converts sunlight into electricity which can be used to energize a wide variety of products. Groups of PV cells are electrically configured into modules and arrays, which can be used to power any number of electrical loads. With the appropriate power conversion equipment, PV systems can produce alternating current (AC) compatible with any conventional appliances, and operate in parallel with and interconnected to the utility grid. HID Energy offers a $2.42 per watt incentive on qualifying PV systems. Residential Energy Assistance Program (REAP) HID Energy offers several income -qualified assistance programs designed to help its customers meet their energy needs. Residential Energy Assistance Program allows customers to save 30% on their electric bill. In order to qualify for up to $750 per house assistance, the customer must meet certain income qualifications and agree to implement energy conservation measures for them to save even more on their monthly lID bill. Emergency Energy Assistance Program (EEAP) IID Energy will pay up to $200 of the electric bill during the summer and $100 during the winter for income -qualified residents who are under the threat of disconnection. 473 r Tay/ 4 XP Qumr(v AGENDA CATEGORY: BUSINESS SESSION: 9- COUNCIL/RDA MEETING DATE: May 20, 2008 CONSENT CALENDAR: ITEM TITLE: Consideration of Names for the Centre STUDY SESSION: Pointe Development Park PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: As part of the Centre Pointe Development, located on the southeast corner of Washington Street and Miles Avenue, a three acre park was constructed by the development contractor. On January 1, 2008, the park became a City facility. The City of La Quinta has an official park naming policy which was adopted by the City Council on January 3, 1995. The process involves soliciting public input regarding recommendations for park names (Attachment 1) On February 27, 2008, City staff sent a letter and a Park Naming Submittal Form to all residents within 500 feet of the park. All forms were to be returned by March 29, 2008. Staff did not receive any response from the mailings. On April 14, 2008, the Community Services Commission discussed this item and recommend "Mountain Vista Park," "Vista Pointe Park," and "Seeley Park," with "Mountain Vista Park" being selected by a majority vote. 474 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Approve Mountain Vista Park as the Centre Pointe Development park name; or 2. Approve Vista Pointe Park as the Centre Pointe Development park name; or 3. Approve Seeley Park as the Centre Pointe Development park name; or 4. Provide staff with alternative direction. Respectfully submitted, AEdie y4lto" Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 , Criteria for Naming of Parks 475 ATTACHMENT 1 Twit 4 4 Qu&rcu CRITERIA FOR NAMING OF PARKS Approved by City Council January 3, 1995 General Guidelineg Facilities should be named within six months after the City has acquired title to land to be designated as a park site. it is suggested that the Parks and Recreation Commission maintain a list of names. 2. Names can be solicited from the general public by the Parks and Recreation Commission. A request for the naming or dedication of any city facility shall be submitted to the Parks and Recreation Commission in writing and with justification, and may be forwarded to the City Council for consideration and/or approval. At least three (3) names should be submitted to the Council for consideration when naming a park is under review. 3. The Parks and Recreation Commission will be responsible for soliciting park names through the community and screening names prior to presenting them to the City Council for consideration and/or approval. 4. Exceptional situations may require deviation from this general policy and the Council may take the appropriate action. Options to be considered in namina facilities: (in order of importance) Historic Events and Na a. This can be local, regional or national MAW significance. The City of La Quinta is rich in history, and the La Quints, Historical Society may be consulted for suggested names and events the Parks and Recreation Commission might consider for recommendation to the Council. M;1FRWff%T*1 a. Recognizable area or neighborhood. If on a school site, it need not necessarily be the same name as the school. Names that aid in locating a park are acceptable. b. Assumed name. Use only it the area has been known by this name for a long period of time. C. Natural phenomena. 476 21111110M.=, *1aT1W:12Frv7P1r-,-TjVW d. Combination of natural phenomena and place name. 8. Horticultural. Combination horticultural and place. g. Rivers, creek ways. a. Deceased, group or person, Civilian national heroes. b. Living Persons. Criteria: Facilities may be named after persons only after a study has been completed. Individuals should be known for their civic work. This civic work shall be over and above an ordinary Interest level. A resident of the City of La Ouinta who attains local, state or national recognition for human, community, health, safety, or parks and recreation work would be acceptable. Donors: People who have been Instrumental in acquiring sites either by actual land or monetary donation (enough to purchase the entire site) or who have donated the entire amount for complete development of a site. A donation of land which serves as a parlor parcel of a larger park or open space may be honored by an "area" dedication. 477 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Discussion of an Amendment to La Quinta Municipal Code Section 9.160.060 — Permitted Temporary Signs RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: During the Mayor and Council Member's Items section of the February 5, 2008 City Council meeting, Councilmember Kirk spoke regarding the placement of political signs inconsistent with code provisions just prior to elections (Attachment 1). Councilmember Kirk requested the matter be placed on a future meeting agenda. The La Quinta Municipal Code (LQMC) provides language specific to temporary signs, which by definition includes political signs. Temporary signs are intended to be posted for a maximum of sixty days and include garage sale signs, seasonal sale signs and political signs. A maximum of 50 temporary signs per applicant are permitted. When more than 5 such signs are proposed, a sign permit is required. A non-refundable deposit is also required to insure sign removal upon expiration of the permitted posting time. Due to the limited number, political signs are often strategically placed in an effort to obtain the greatest visibility with a majority of the signs typically placed within the public right-of-way. LQMC Section 9.1 60.060(H) addresses removal of temporary signs from public and private property when such signs are unsafe or insecure, a menace to public safety, or 31101 have been constructed, erected, relocated or altered in violation of the City's code provisions (Attachment 2). This section provides different removal processes for temporary signs placed on public versus private property. Removal of temporary signs from public property may be removed summarily followed by the owner of the sign being notified to recover the removed sign. Temporary signs removed from private property require written notice be provided and five days allowed for compliance prior to removal. The provision allowing five days to respond to the notice for removal for temporary signs placed on private property was established in order to allow for a reasonable amount of time for the owner to respond and to ensure that there is not deprivation of due process for the owner to challenge the notice. Legal counsel recently reviewed this matter in the context of possibly reducing the number of days or removing altogether the response time. Subsequently, a memorandum was provided explaining the regulation of such signs implicates first amendment principles and should be carefully considered (Attachment 3). In addition, a recent article from the Public Law Journal also speaks to the matter of regulating election signs (Attachment 4). In summary, the regulation of political signs must be consistent with provisions established for all other temporary signs. First Amendment rights limit the ability to remove political signs from private property unless an immediate threat to public health or safety exists or reasonable notice is given and an opportunity to respond is provided for prior to the sign being removed. The current five day response period for removal of temporary signs from private property could be shortened, though doing so may bring into question if the amount of time provided to respond to the notice for removal is reasonable. FINDINGS AND ALTERNATIVES: 1 . Amend the Municipal Code per Council direction; 2. Do not amend the Municipal Code; or 3. Provide staff with alternative direction. Respectfully Planning Director 479 Approved for submission by: Thomas P. Genovese City Manager Attachments: 1 . City Council Minutes February 5, 2008 2. La Quinta Municipal Code Section 9.160.060 3. First Amendment Limitations Memorandum 4. Public Law Journal Article - Regulating Election Signs 430 City Council Minutes 20 February 5, 2008 ATTACHMENT 1 MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff commented on the amount of correspondence received from Mr. Fredericks and Save Our La Quinta Neighborhood, and asked it their complaints are being addressed. City Manager Genovese stated Code Enforcement has been sent out. Mayor Adolph noted the City has no control over private streets, but he talked to representatives from the Resort, and they have agreed to try to resolve these issues. In response to Council Member Sniff, City Attorney Jenson stated a preliminary injunction has been upheld regarding Mr. Fredericks' use of the entrance gate. Council Member Kirk spoke regarding obnoxious political signs being placed on private property just prior to elections. He noted there is a five-day loophole in getting staff to deal with this issue, and he would like to know if there is any interest in trying to tighten the regulations. Council Member Sniff stated he feels the current ordinance is good, and doesn't see any need to change it. In response to Council Member Henderson, City Attorney Jenson confirmed the possibility of shortening the five-day process. Council Member Kirk requested it be brought back as a study session or business item. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, PHYLLIS MANLEY, Deputy City Clerk City of La Quinta, California 431 9.160.060 Permitted temporary signs. La Quinta Municipal Code Up Previous Next Main Search Title 9 ZONING Chapter 9.160 SIGN Page I of 2 - ATTACHMENT 2 Print No Frames 9._160..O (�Petrrnitted q�;jry . . ...... — --- ----- -------------- — --- ------ A. Definition. "Temporary sign" means any nonilluminated sign which may require a sign permit and which is intended to be posted for a maximum of sixty days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs. B. Maximum Time Periods. No temporary sign shall be posted for more than sixty consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven days after the occurrence of the event, if any, which is the subject of the temporary sign. (For example, a temporary sign advertising a garage sale on a particular date, or a temporary sign promoting a candidate in a particular election). The date of posting and permit number shall be permanently and legibly marked on the lower right-hand comer of the face of the sign. C. Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six square feet in area and temporary signs placed on private property may not exceed twelve square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one ownership may not exceed twenty-four square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030. D. Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six feet in height. Temporary signs which are posted, attached or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single -floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point ofthe surface of the sign. E. Maximum Number. In no case shall the total number of temporary signs for any permit exceed fifty. F. Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs or traffic signs or signals. Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street. Temporary signs shall be placed no less than two hundred feet apart from identical or substantially similar temporary signs and shall not be visible simultaneously with the boundaries of the city. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment. G. Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post more than five temporary signs on private or public property shall make application to the community development department for a sign permit. To insure sign removal upon expiration of the permitted posting time, a refundable deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. 1. Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the community development department a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and 4 r) http://qcode.us/codes/laquinta/view.php?topic=9-9-160-9-160-060&frames=on 5/13/2008 9.160.060 Permitted temporary signs. Page 2 of 2 who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section. 2. Standards for Approval. a. Within ten business days of the community development department's receipt of a temporary sign permit application, the community development director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section. b. The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission. H. Maintenance and Removal of Temporary Signs. 1. Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair. 2. Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice. 3. Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to subsection F of this section, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city. 1. The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement. J. A grand opening banner is allowed on each building street frontage within six months of the business opening with a sign permit. The signs shall consist of light -weight fabric or similar material attached to the building wall below the eave line for a period not to exceed thirty days. The signs shall be nonilluminated and its size shall not exceed thirty-two square feet. (Ord. 293 § 1, 1996; Ord. 284 § I (Exh. A) (part), 1996) 433 http://qcode.us/codes/laquinta/view.php?topic--9-9-160-9-160-060&frames=on 5/13/2008 ATTACHMENT 3 MEMORANDUM TO: Les Johnson FROM: City Attorney DATE: May 10, 2008 FILE NO.: 015610-0002 RE: First Amendment Limitations on Removal of Campaign Signs 1. INTRODUCTION AND BACKGROUND The City of La Quinta (the "City") regulates the placement, appearance, and permitting of signs in La Quinta Municipal Code ("LQMC") Chapter 9.160 (the "Sign Code"). You have asked our office whether the City may adopt a text amendment to the Sign Code to eliminate the 5-day notice period prior to the abatement and removal of non -compliant temporary signs. You have asked us to address whether such a text amendment may apply to only campaign signs, signs on private property, and/or signs on public property. Relevant portions of the Sign Code are discussed below. Among other purposes, the Sign Code attempts to: (1) preserve and improve the appearance of the city as a place to live, work and visit; and (2) reduce traffic hazards and promote the public health, safety and welfare by minimizing visual competition among signs. (LQMC § 9.160.010, subd. (13) and (F).) Campaign signs are included within the Sign Code definition of temporary signs, which may only be posted for a maximum of sixty days and must be removed within seven days after an election. (Id. § 9.160.060, subd. (A)-(B).) In addition to time limits, the Sign Code contains area, height, number, and location restrictions for temporary signs. (Id. § 9.160.060, subd. (Q-(F).) If a campaign organization proposes to post more than five temporary signs on public or private property, it must obtain a sign permit and pay a refundable deposit to insure the removal of signs upon the expiration of the posting time. (Id § 9.160.060, subd. (G).) Permit standards of approval are listed in LQMC Section 9.160.060, subdivision (G)(2)(a). Particularly pertinent to this memorandum, LQMC Section 9.160.060, subdivision (H) governs the maintenance and removal of temporary signs. As to temporary signs on public property: "If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five days of the date of notice." (LQMC § 9.160.060, subd. (1-1)(2), emphasis added.) As to temporary signs on private property, if the sign is unsafe, a menace or in violation of the Sign Code, the City must give written notice orpost a notice on or adjacent to the temporary sign. If the owner or person responsible for the sign fails to comply with the notice within five days, the temporary sign "shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city." (Id. 22871015610-0002 434 905866.03 a03108/08 Les Johnson May 10, 2008 Page 2 § 9.160.060, subd. (1-1)(3), emphasis added.) The sign storage, hearing and release provisions of LQMC Section 9.160.120, subdivision (E) likely apply to removed temporary signs, It. SHORTANSWER Campaign Signs On : The City should not treat campaign signs differentlyfrom other temporary signs. To do so would be a content -based speech restriction subject to strict scrutiny. Tlierefore, the City Attorney does not recommend any Sign Code text amendment that treats political signs differently than other temporary signs. Disparate treatment (treating political signs differently) would fail the "strict scrutiny test" because such treatment is not necessary to achieve a compelling government interest and is not narrowly tailored to advance the Sign Code's aesthetic and traffic goals. Private Property: Unless an immediate threat of harm exists, the City may not summarily remove temporary signs on private property without notice and the opportunityfor at least an informal hearing. In limited cases, such as emergencies where there is an "immediate threat of harm", the notice and hearing may occur after removal. Generally and practically speaking, an"emergency" is unlikely to exist. If one does exist, it should be well - documented prior to removal. Otherwise, because campaign signs are only valuable for a limited period of time, pre -removal notice is necessary. If the City chooses to amend the Sign Code to allow the summary removal of signs causing an "immediate threat of harm," then very specific findings will be necessary, and written findings justifying removal should be prepared prior to removal. The City should understand that in many instances there is unlikely to be sufficient evidence to support summary removal. Public Property: The Sign Code currently provides for summary removal of temporary signs on public property. In some applications, this current provision may be unconstitutional and could be subject to legal challenge. Where a sign is posted in attempted but failed compliance with the Sign Code, summary removal may not be appropriate. In any case, notice and a hearing should be provided either pre- or post -removal. 111. DISCUSSION A. Summary Removal of Only Campaign Signs is Unconstitutional Reasonable time, place, and manner restrictions on protected speech "are valid provided that they arejustified without reference to the content of the regulated speech, that they are narrowly tailored to serve a significant governmental interest, and that they leave open ample alternative channels for communication of the information." (Clark v. Communityfor Creative Non -Violence (1984) 468 U.S. 288, 293, emphasis added.) In contrast, "content -based regulations are presumptively unconstitutional ... [they] pass constitutional muster only if they are the least restrictive means to further a compelling interest." (Foti v. City of Menlo Park 2287/0156tO-OW2 4 U11 5 905866.03 a05/08/08 Les Johnson May 10, 2008 Page 3 (1998) 146 F.3d 629, 637.) A speech restriction is content neutral if it is "justified without reference to the content of the regulated speech," (1d. at 638; quoting Clark, 468 U.S. at 293.) The City's aesthetic and traffic safety goals are substantial interests but not necessarily compelling interests depending on the given circumstances. (Foti, 146 F.3d at 637; see also Members ofthe City Council ofthe City of Los Angeles v. Tarpayersfor Vincent (1984) 466 U.S. 789, 805-07.) Thus, if campaign sign regulations are challenged, a court will not necessarily give great weight to the City's asserted interests. A Sign Code amendment providing for summary removal of only campaign signs would result in unconstitutional content discrimination. In Members ofthe City Council of the City of Los Angeles v. Taxpayersfor Vincent, the Court rejected plaintiffs' argument that Los Angeles should create an exception to its general ban on temporary signs on public property. The Court reasoned that "to create an exception for ... political speech and not ... other types of speech might create a risk of engaging in constitutionally forbidden content discrimination." (Vincent, 466 U.S. at 816.) Similarly, a Sign Code amendment permitting the summary removal of campaign signs but not other temporary signs would result in content discrimination: signs would be subject to different enforcement regulations based solely on their content. Furthen-nore, the Court in Vincent upheld Los Angeles' general sign ban because it was the medium of expression —temporary signs —that had the adverse impact on the governmental interest in aesthetics and safety, not the content of the signs. (ld. at 8 10; see also Gonzales v. Superior Court (1986) 180 Cal.App.3d 1116, 1124 fcity ordinance impermissibly prohibited noncommercial signs while permitting commercial signs].) Likewise, it is the temporary sign medium, and not individual campaign signs' content, thatjustifies the City's temporary sign regulations. An enforcement exception based on content (i.e, campaign versus other signs) is not the least restrictive means to achieving the City's aesthetic and traffic goals. It is important to note that a City official personally and/or the City may be liable for a civil rights violation under United States Code, title 42, section 1983.1 "To establish personal liability of a public officer in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right f including First Amendment rights]." (Kentucky v. Graham (1985) 473 U.S. 159,166; see also Jones v. Williams (9'h Cir. 2002) 297 F.3d 930, 934.) "A showing of personal participation in the alleged rights deprivation" is enough. (Jones, 297 F.3d at 934.) Nonetheless, a defendant in a personal liability action may "be able to assert personal immunity defenses, such as objectively reasonable reliance on existing law." (Kentucky, 473 U.S. at 166-67.) In contrast, in an official capacity suit where the City ultimately is defending the action, a public entity's ... policy or custom' must have played a part in the violation of federal law," and reasonable reliance is not a valid defense. (Ibid.) A City official who removes a temporary sign has potentially participated in the deprivation of a federal right, especially when unconstitutional content discrimination occurs. 1 This paragraph is applicable to the following sections of the memorandum as well. 22,87/015610-0002 436 905866 03 a05/08/09 Les Johnson May 10, 2008 Page 4 Summary Removal of Temporary Signs on Private Property is Generally Prohibited Absent an immediate threat to public health or safety, pre -removal notice (including the reason for the removal) and at least an informal opportunity to respond are required before the removal of temporary signs on private property. Accordingly, the City may not eliminate the five-day notice period for non -compliant temporary signs on private property.2 Three main cases govern the proper procedure for sign removal in California. They are discussed in chronological order. In Baldwin v. Redwood City (91h Cir. 1976) 540 F.2d 1360, Redwood City's sign ordinance provided that "the building inspector may summarily, without notice, remove any temporary sign which is erected, placed or maintained in violation of this article." (Id at 1363, In. 2.) In striking down the summary removal provision, the court recognized that "summary seizure of a political sign for even a few days can deprive the sign's owner of an important First Amendment liberty interest. During a campaign, time is especially valuable." (Baldwin, 540 F.2d at 1374.) The Baldwin court provided concise directions for municipal abatement of illegal signs: We do not hold that a prior adversary hearing and expedited judicial review are necessary to prevent the improper removal of political signs. If a city official believes that a sign posted on private property is illegal and there is no threat of immediate harm, he should attempt to notify the sign's owner. If the owner of an allegedly illegal sign cannot be found within a reasonable time, the sign may be deemed to be abandoned. . . . If the owner of an allegedly illegal sign can be located, the interests at stake may be reasonably accommodated if the city official gives notice of his intention to remove the sign with a brief statement of the official's reason for believing the sign is illegal so the owner may make an informal response or correct the problem. (Id at 1374, emphasis added.) After an election, campaign signs may be treated as abandoned and summarily removed. (Id. at 1374-75 .)3 The California Supreme Court reached similar conclusions in Kash Enterprises, Inc. v. City of Los Angeles (1977) 19 CaUd 294. Though Kash dealt with the City of Los Angeles' summary removal of newsracks, the First Amendment principles are the same. The challenged 2 However, a shorter time period than five days may provide the requisite notice. 3 As applicable to the public property section below, Baldwin's application may be limited because it only discusses summary removal of signs on private property. Redwood City's ordinance banned all temporary signs on public property and that ban was not challenged. 487 220015610.0002 905866.03 a05/08/08 Les Johnson May 10, 2008 Page 5 Los Angeles ordinance permitted the summary removal of newsracks that violated the ordinance requirements without prior notice to newsrack owners. Though the ordinance provided newsrack owners with post -removal notice, the ordinance did not allow for a hearing on the merits of the seizure. The Kash court discussed both Fourteenth and First Amendment due process concerns. Under Fourteenth Amendment procedural due process, the deprivation of property requires notice and a hearing. (Kash, 19 Cal.3d at 307.) While the Constitution generally requires pre - deprivation notice and a hearing, "in particular circumstances important goverrmiental interests mayjustify the postponement of notice and hearing until after the initial 'taking' has occurred." (Ibid.) As examples, the court listed cases discussing the seizure of a vessel used to smuggle drugs, the seizure of contaminated food, and the seizure of misbranded drugs. (Ibid.) Unless there is an "immediate threat" to traffic or pedestrians of similar significance and time -sensitivity as drug smuggling and food contamination, a non -compliant sign likely does not provoke the same type of important interests justifying post -deprivation notice. In Kash, the court held that the ordinance was unconstitutional because it failed to provide a hearing on the merits of the taking either before or after the taking. (Id. at 309.) Turning to the First Amendment, the court stated that "although the First Amendment does not immunize newsracks for campaign signs] from immediate, pre -notice seizure in all circumstances, the Constitution does require that any such summary seizure procedure be narrowly drafted so as to minimize interference with First Amendment rights." (Kash, 19 Cal3d at 309, emphasis added.) Subsequent recovery of a newsrack "will invariably come too late to avoid the total suppression of the newsworthy contents of the seized papers." (ld. at 3 10.) Similarly, depending on the date of seizure, recovery of campaign signs could come too late to benefit a candidate for office. Importantly, although Los Angeles attempted to justify its summary seizure procedures as necessary to eliminate hazards, the ordinance did not "limit its removal sanction to violations which actually create hazards for pedestrians or motor vehicles or which otherwise interfere with the safe use of public streets or sidewalks." (Id. at 312.) ' Absent an "immediate threat of harm," the City likely cannot justify post -deprivation notice. It is worth noting that making findings constituting an "immediate threat" is likely to be difficult in most cases. This is a high standard (see the previous paragraph). Further, such findings would have to be specific as to each sign proposed to be removed. In the end, the Kash court held that Los Angeles had three valid enforcement mechanisms: (1) the "immediate seizure, without prior notice or hearing, of any newsrack for campaign sign] that poses [an immediate] danger to pedestrians or vehicles" ;4 (2) when no 4 See also Gluck v. County of Los Angeles (1979) 93 Cal.App.3d 121, 135-36. Although its ordinance's impound procedures were held to be unconstitutional, the county retained power to "remove a dangerous fnews]rack from the streets if the danger cannot be otherwise corrected and 22871015610-0002 4008 905866.03 aO5/WO8 Les Johnson May 10, 2008 Page 6 danger is present, seizure is appropriate after the owner of an offending newsrack "has been notified of the imminent seizure and has been given a reasonable opportunity either to cure the violation or to contest the seizure in an informal administrative forum"; and (3) the city could impose fines and other sanctions to encourage newsrack or campaign sign owners to obey the city's reasonable time, place and manner restrictions. (Kash, 19 Cal.3d at 313.) The City may choose any of the same procedures to enforce its sign ordinance. What the City may notdo is summarily seize non -immediate danger signs on private property without any notice or determination of the immediacy and severity of the threat to public safety. Finally, Gonzales v. City ofSanta Paula (1986) 180 Cal.App.3d 1116 considered an ordinance that permitted the summary removal of temporary signs, including campaign signs, with post -deprivation notice and hearing. The ordinance in question was held to be constitutionally defective, in part, because "no prior notice of violation is required before confiscation transpires. Lack of prior notice is a violation of due process." (Id. at 1124; citing Baldwin, 540 F.2d at 1373-74.) The court reasoned as follows: The ordinance provides for summary seizure of one's property without prior notice of hearing if, in the opinion of the City officials, the signs violate the ordinance. Summary seizure of signs, even for a few days, can deprive the sign's owner of an important First Amendment liberty interest, especially during election periods. [Citation.] [T] The due process clauses of both the state and federal Constitutions require some form of notice, and perhaps a hearing, before one is deprived of his property, unless an imminent danger to persons or property exists. [Citation.] M The Santa Paula ordinance is constitutionally deficient on its face in that it fails to require even an attempt to notify sign owners of an imminent taking of their property. [Citation.] (ld. at 1128-29, emphasis added.) If the City's Sign Code were amended to permit the summary seizure of any improper sign on private property, the City would violate the Baldwin line of cases. Therefore, the City may not amend the Sign Code to permit the summary removal of private property signs in all circumstances. Nevertheless, the City may amend the Sign Code to permit the summary removal of dangerous signs upon a well -documented "immediate threat of harm" finding. C. Summary Removal of Temporary Signs on Public Property The Sign Code currently permits the summary removal of temporary signs on public property for Sign Code violations. (LQMC § 9.160.060, subd. (H)(2).) Although that section does not explicitly provide for a post -removal hearing, the hearing provisions of LQMC Section provided it affords a quick and reasonable opportunity to the licensee or owner to obtain the rack's return." (Ibid.) 22871015610-6002 4 0) 9 905866.03 aO5/08/09 Les Johnson May 10, 2008 Page 7 9.160.120, subdivision (E)(1)(b) do. Thus, the question is whether pre -removal notice is required for signs on public property the same as for signs on private property. The answer is unclear, but the City likely has greater leeway to remove improper signs on public property. 5 In Members ofthe City Council of the City ofLos Angeles v. Taxpayersfor Vincent, the court upheld Los Angeles' complete ban on posting signs on public property. The ban included the removal provision: "Any hand -bill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this section may be removed . . ." (Vincent, 466 U.S. at 792, fin. 2.) However, the removal provision was not at issue before the Supreme Court.6 The Vincent court further stated that, "at some point, the government's relationship to things under its dominion and control is virtually identical to a private owner's property interest in the same kinds of things, and us such circumstances, the State, 'no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated." (Vincent, 466 U.S. at 815, fn. 2; quoting Adderley v. Florida (1966) 385 U.S. 39, 47.) By analogy, just as a private property owner can summarily remove a sign impermissibly posted on his or her property, the City may be allowed to summarily remove illegal signs on its property. The issue is complicated, however, because the Sign Code explicitly permits signs on public property. Because the City has opened public property as a limited forum for temporary signs, pre -removal notice may be appropriate where an individual has obtained a permit and attempted but failed to comply with the Sign Code (e.g. someone has obtained a permit but placed his/her sign too close to the sidewalk). In such a case, a court could find the Sign Code unconstitutional as -applied to a particular sign removed without notice. Thus, the City should only summarily remove temporary signs on public property that are egregiously and obviously illegal, or which constitute an immediate threat of harm. By way of example, the Vincent court stated that the "appellees could not seriously claim the right to attach 'Taxpayers for Vincent' bumper stickers to city -owned automobiles." (Vincent, 466 U.S. at 815, fn. 2.) Accordingly, the I Of course, as with private property, temporary signs on public property may be summarily removed if they create an "immediate threat of harm." In such circumstances, evidence of such threat of harm should be documented. 6 In upholding the ban, the Court rejected the plaintiffs public forum argument. The plaintiffs "fiail[edl to demonstrate the existence of a traditional right of access respecting such items as utility poles for purposes of their communication." (Vincent, 466 U.S. at 814.) In this case, by permitting temporary signs on public property under certain circumstances, the City has created a limited public forum. While restrictions on speech in public forums are held to strict scrutiny, restrictions on speech in limited public forums or non-public forums are only held to a reasonableness standard. (See, e.g., Hopper v. City of Pasco (?th Cir. 2001) 241 F.3d 1067, 1074-75.) "Restrictions that are viewpoint neutral and reasonable in light of the purpose served by [a limited public] forum are permissible." (Id. at 1075; quoting Rosenberger v. Rector & Visitors ofthe Univ. of Virginia (1995) 515 U.S. 819, 829.) 22871015610-0002 400 905866-03 a05108108 Les Johnson May 10, 2008 Page 8 City can summarily remove bumper stickers attached to City vehicles, campaign posters affixed to the doors of City Hall, or campaign signs hanging from traffic lights. Even so, in order to avoid First Amendment and/or Due Process litigation, the City should exercise caution when summarily removing signs from public property in all but the clearest instances of illegality or threat to harm. If possible, documentation should describe the basis for the removal from public property. IV. CONCLUSION The regulation of temporary signs, especially campaign signs, implicates important First Amendment principles. Therefore, any direction by the City Council to change the current code should be carefully vetted and reviewed by the City Attorney. For instance, if the Council desires to amend the Sign Code to permit summary removal of temporary signs on private property in cases of an "immediate threat of harm," such an ordinance would require very specialized findings. Further, the Council should understand that actual removal under such an ordinance would have to be fact -based with specific findings of harm being made. 491 228710156 10 M2 905866.03 a05108/08 ATTACHMENT 4 Vol 31. No 2 Spring 2008 kn Official Publication of the State Bar of California Public Law Section MCLE SELF -STUDY Regulating Election Signs By Randal R Merriman L INTRODUCTION Atrat law which regulates electi,,n- The periodic flood of election signs will oriented signs as a distinct class runs the risk of being intAidaied for "choosing the subject soon be upon us. aa in. Even though most of ga thcese signs display only names, symbols of debate," it ul ilected to strict SLrurrmy and slogans, and contain little if anN meaningful be -us, it is not content neutral. "Sign ordman,es are unconstitutionati debate, the courts view them as "classical" or if they and What it: cory: free Speech entitled to the highest leve Impose greater restrictions on nonveommercial pecch dun tin commercial speech or if they P ullifit Agenal", By llietteiiall hia, of protection under the First Amendment. regulate noti-commercial speech based on Mite First Amendment has its fullest and most utirent ,ontent "'Some cities have dealt with this application to speech uttered during a campaign for political office." Eu problem by including election sions within sc:hl� , I , o� Ificial Cous v, Son Francisco Cry Dernscrouic Central Comm., 489 Classes Such as temporary signs or "signs displaying non-commencial messages. such as ? Bdiurda GOC� �Z4 �r Anwaaa I ''..-ai, U.S. 214, 2 2 3 (1989). Th is a rucie discusses the clegum and manner in political, campaign or election signs.' Several I I - - -4 fft1AaCP&i61 W ld- which dcction/politt�Vcaindidace sigins can be courts hJW app roved this approach.' 4 Fusailk regulated, mchin conxtatutionai limits The "choosing the toptc" problem can I W—W II. CHOOSING THE TOPIC usnally be avoided by a "message substitution" OW'. 14 OF DEBATE provision. which allows the sign owner to change the display face (in any extiting, legal 4 Public '"'Voyor,of t" - . - _z�, Can election signs be regulated as a sign to any variety of nort-commercial "niessage 800"Softhilio QPP,04,4*0600 distinct class? The U.S. Supreme Court rryessage.� Although subsianition" avoids many problems, it is not necessarily ; By Wf" Page IkIf has held; a ure-all. For example, when a lawyer as for :w A Mossage I The central problem with Chicago's running art elective judgeship, the Eleventh Circuit held chat she should not B) MnA L Marley I , 8�- ordinance is that EldeSCnIneS have to cover up her law office �ign in order `4 la-mirisiible picketing in terms of in to display a campaign sign-' Legiswlafliaft A� ,ubject matter. Peaceful picketing on By Elio I- G "unna'a a the subject of a school's labor- 111. BANNING ELECTION SIGNS Richard C M FEW management dispute is permitted, but all other peaceful picketing is A. CITY WIDE Litigation it Case Law Up"ita prohibited. The operative distinction i ' a Ely Elias E Gurcaan and the messageon d picket sign But, above all else� the First Amendment A tiewr cities have attempted to ban all or Rufurni C MW" Par 20"�' means chat government has no power W very nearly all election signs The courts have 0, restrict expression because of its consistently struck down these laws. A message. in ideas, in subject matter. or leading case is the Ob to Supreme Courc'� in content. Police Dej�r. of Chicago v clectsion in Peitz . City of So-th E.,Iel� The osL M -y, 408 US 92, 91 (1972).' cnV exphcitl� declared its purpose to r 'eliminate Political signs," finding that they IThe Public Law Journal - www.�ibar.ca.gov/publicLu, .. were often unattractive even when freshly erecamd and unspoiled." The Court found the ordinance unconstitutional under both the state and federal constitutions, explaining: A municipality is nor powerless to enact and enforce reasonable regulations; directed against those responsible for littering the streets or private property It ma� enact ordinances prohibiting the attachment of political posters to public property and pennutang recovery of the cost of removal of such pti5mrs. It may not, on the other hand, entome a wholesale prohibition against them B. ON PUBLIC PROPERTY AND TRADITIONAL PUBLIC FORUM AREAS California Penal Code 556 makes it a imsdemeamor to display signs on public property without coment. The Attorney General has opined that this statute may not be applied to campaign signs of candidates for public office ' However, Stush v. -San Marra' validated an ordinance prohibiting all . inanimate modes" of posting (leaving behind) signs on public prop"; the challenge seas brought by a political candidate. Sussh is supported by several federal appellate decisions; holding that even in traditional public forman (saidewalks, streets, parks). the government may require that ftots-commercial signs or displays be hand-held or personally attended.' Such rules must operate in a contern-ocutral manner, at least as to non- commercial speech.' Hand,held protest signs cannot be completely banned from a sidewalk which is connected to the main pedestrian circulation sysitem," whether it surrounds the U.S. Supreme Court building or is owned[ by a church or a cosino.' Under the Primeyard line Of Lases," the same rule presumably applies to privately Owned, large, regional shopping centers that are open to the public In areas that are government owned but not . traditional public forums," the government may ban non-commercial messages while accepting commercial ads," but if any non- commercial messages am allowed, most courts, require that all be allowed." C. ON RESIDENTIAL PROPERTIES Ladw . Gillo, 512 U S. 43 (1994) held that a city could not prohibit residential window signs protesting the first Iraq war. Earlier appellate cases had reached the same conclusion.' However, reas,onable "time, place and manner rules," suchas a limit on the display area, in he imposed " The Ladue principle does not apply when the government imposes a "no political ign" rule on an employee and the rule serves some important go,ernmental purpose. inch as assuring the public that police officers am politically neurral." Sign rules imposed by a homeowners'assoct3tron are valid when they arise from private contract; there L, no state aLnOn." The Supreme Court of Wrnhongton recently held that 3 public housing project could not impose a complete ban on signs (an residents' doors 24 D. ON OTHER PRIVATE PROPERTIFS The Metro,ned.. plural,m held that when regulating signs On Private property, a city may not favor commercial speech ever non- commercial." Thus, in any location where any commercial message may be displayed on a sign, at least equal display right must be available to election signs, as well as all other tiont-commercial messages. IV. LIMITS ON SIZE, HEIGHT AND NUMBER 'Time. place md manner" rules are upheld su long as they operate in a content, neutral manner, are reasonable and leave open alternative avenues for expressision �' In Baiduqn , liedoxiod City. 540 F2d 1360 (1.976) the Ninth Circuit upheld a 16 square four size limit on individual signs. and a 80 square foot cumulative total area for all signs on a property; the limits applied to all temporary signs. However, area limits that applied to individual candidates or issues were not sufficiently justified Similarly, the Fourth Circuit held that a rule limiting the number of political signs it, two per resident was unconstroutio.1 �' li a size or height rule applies only to Political Signs, or grants superior display rights to commercial messages, it will likely fail judicial review." V. DURATION RULES: LIMITING THE TIME OF DISPLAY Probably the most common drafting error in sign ordinances is a nine limit on display of election signs. Such rules typically ban campaign signs except for a certain number of days before the election. and a few days thereafter. This issue has been litigated many times, and in all but a c,,uple of aberrant cases," the time limit has beenstruck doy,n ' Sorria,unnes the courts find a total flaw in the fact that other temporary signs are not so time limited." in other cases, favoritism of commercial speech results in mealiclarion Some courts leave open a theoretical path for possible justificanon, but the standard is rarely. if ever, met. Cases on Jurational limits for politicaill signs am collected in Collier . T000aa, 121 Wash-2d 737, 854 RZJ 1046 (WA 1993) and Owdoot Systems , Lxrexa, 67 F.Supp.2d 1231 (D KS 1999). In W6111n, - Gladstone, 54 F 3d 1400, 1404-1405 (8th Cir. 1995), impermissible favoring of commercial signs was shown by the 90 day display limit for temporary COn5trUCtiOn signs and the 30 day limit for political signs. The law wits content -based because the display limits were triggered by the political content; it was not enough that the regulation was viewpoint neutral within the category of political speech. In Brayton v Cit) of New Brighton, 519 N�WM 243 (MN App- 1994), the court upheld an ordinance which it interpreted to mean that 'during the campaign wason, a resident is not limited to politicatt speech but can Put UP as many nort,commercial opinion signs as there are issues and ballots, the same as those profeming political speech. During all other times of the year, a resident my put up one sign; either a non,commercial opinion itun or a campaign sign, with any nomage, and multiple mmages. if destred, on the ,ame sign." V1. POST -ELECTION REMOVAL REQUIREMENTS "A few'courtsi haw held that regulations requiring removal of signs following an election, as opposed to preAirction posting limitations, are permissible.' The problem 'With these decisions is [that] they fail to consider when the post -election period ends and the next pte-clection period begins. If an individual wishes to promote a candidate, the "ndtdate'5 cause. or both by posting a sign on residential property several months or years before the next Political election, the logic of City of Lado, would certainly seem to permit it " Curry v Pnoce George's Camity. 33 F Supp2d 44-1, 455 In 10 (D MD 1999).- VII. PERMITS, REGISTRATIONS. FEES AND REMOVAL BONDS Rules which impose special permit, registration, fee or removal bonds on (ampaign/politicarl/election sigm are almost always invididated.' However, when the rule applies without regard to coment. and does not constitute A special tax or burden on e,pression, most courts approve. 493 IThe Public Law Journal - inowcalbarca.gov1publiclaw VIII. MANDATORY DISCLOSURE OF SPONSORSHIP In Genes . Firs, Political Practices Com-, 8 Cal.4th 851, 855 (1994) the California Supreme Court unanimously upheld the validity of Government Code 84305, which requires candidates for public office, and individuals or groups supporting or opposing a candidate or ballot measure, to identify therreelves, on any mass mailings they send to prospective voters. One year later, in McIntyre v. Ohio Electurru Gsmn, 5t4 US. 3 34 0994). the U.S. Supreme Court invalidated a similar statute from Ohio, holding that political campaigners have a constitutional right to speak anonymously- In light of McIntyre, the California Supreme Court was asked to reconsider in original decision in Griset, the request was denied on the ground that the original decision was final and had not been tmreIV appealed. 25 Cal.4rh 688 (2001) (Grtse't 11). Nonetheless, the future validity of the Gnset holding is highly doubtful in light of McIntyre. No reported California caw analyzes Government Code section 84305 for consistency with McIntyre. Po5t-Goset It, the Ninth Circuit has invalidated similar st.stutes from Wtishington (WIN o Riptne, 213 F 3d It 32 (2000)) and Nevada (ACLU v Heller, 378 F.3d 979 (2004)). IX. BANNING ELECTIONEERING NEAR THE POLLS In Burson . 6rema., 504 U.S. 191 (1992) plurality or four, plus one concuarring in the judgment, approved a Tennessee statute which banned solicitation of votes and display of campaign materials within 100 feet of the cnmna W the polls on election day. The law was a ram example of a ocantembased regulation of cow speech in a traditional public forimir surviving strict scrutiny. Later cas� increasing the buffer zone distance am incornistent'4 X. RECOMMENDATIONS Haw no rul� that apply exclusively to campaign. political or election - oriented signs. Instead, regulate .Eemporarysigns" (defined by structural characteristics) OT . temporary signs displaying non. commercial massages." Allow all properties to display a reasonable amount (cumulative display fice area) of rion<ommercial mc��agei at all times, if this area limit is named for a stated period Wore and after an election, it should qualify as a "time, place and nutriner" rule, while still accommodating the destre for some control over election sims 3. Place no limit on it,, number of signs per property, and have no rules about 'number of signs per candidate or " Give the sig proposition. m owner a defined amount of display face area and let them decide how to use it. 4� Do not ban hand-held or persurtilly attended signs on sidewalks, streets or parks. 5. Purge local law of all prcvi��rons requiring special persons, registration, fees, removal bonds, or mandatory disclosure of sponsorship, which apply exclusively to election Sims. 6. Make ore the sign ordinance contains an adequate "message iubstitution" provision, 7 In addition to the display arm available under "message substitution," allow a defined area for display of rin, commercial messages only, at all nows, and on all propernes. ENDNOTES Madey was decided before First Amendment protection was extended to commercial speech. The four vore plurality opinion in Mer�omedra cited to Mosk, and limited in principle to rion- commercial messages; Metromedia o Sm Diego, 4 5 3 U.S. 490. 514-15 (1981). Maguire v American Canyon, 2007 WL 1875974, *12 IN D.Cal. 2007). Doeff Outdoor � Oakland, 506 F3d 798, 802 (9th Cit 2007). G K Ltd Tyavel v Like Ow,,go, 4 36 1. 3d 1064. 1077 (9th Cit. 2006), Brayton v city of New finghtim, 519 N W 2d 24 3 (Minn.App. 1994), Waterloo i, Makharn, 600 N.E.2d 1320 (111 App 1992), Ross v Goslo, 351 F.Supp. 949 ID.Hawan 1972) (original ordinance, which held political signs to same standards as temporary .signs and increased the display rights to 60 days before an electiun, upheld); but %cc Intemn, Outdoor Adye,, la, c Gloucester City Zinurig Bd. 674 A Id 1027(N J. App Div. 1996) (city law treated all non-commercial itgns equally, bur till favored comment,l ouss�ages; invalid). Outdoor System v. Mew� 997 F.2d 604, 608 et seq- (9th Cir. 1993), Get Outdoors 11 v City of Chula Vow, 407 F.Supp.2d 1172, 1174 (S.D.Cal. 2005) (affirmed in an unpublished memo, 2007 WL 3230393); see also G,L Outdoors Son Diego, 506 F3d 886, 890 (9th Cit. 2007). Beaulieu . Alubaste,, 454 F.3d 1219 Ulth Cit 2006) 70 Ops.Cal Any.Gen- 296 (Dec. 22. 1987). Suol, v San Mateo, 120 Cal.App.3d I (1981y In Gnrobacon . buiumaPolis-Marion County Bldg. Auth., 100 F 3d 1287, 1298 (1996), the Seventh Circuit counted eight votes from CaPitol Square v. Pineue, 515 U.S. 753 (1995) for the proposition that the State of Ohio "could ban .11 unattended private displays in (she foruml if it so desired-" Accord: Knights of Columbus r. Lexington, 272 F3d 25 (Ist Ci, 2000 ftert. denied), Wells v. Deriver, 257 F3d 113 2 (10th Cir. 2001) ftert. derriedt. Gerniser o Las Angeles, 994. F2d 570, 579 (9th Cit- 11)93) (approving a general ban which crunde an exception for real estate signs on city property; the exception for real estate signs is arguably in conflict with B.Ren v Redmond, 466 F3d 736 (9th Cir. Z006).) US v K.kida, 497 U.S. 7 20 (1990) (plurality; sidewalk leading from parking lot to post office, not connected to main pedestrian circulation system, was not a traditional public forum), State V. Can, 215 Or-App. 306 (2007) (walkway between school and sidewalk wm not a traditional public forum) and Can v City of Hillsboro, 497 F.Supp.Zd 1197 (D.Ore. 2007). PosrXakorla cases haw often required a thom"ghfare element before placing a sidewalk in the 'traditional public forum" category. US v. Goce, 461 US- t7l (1983) (Supreme Court building), Frot Unitarian Church � Sah Lake City, 308 FA 1114 (10th Cit. Z002) (church�wrrcd ,idewalk). Veretran Casmai . Local Joint Execiau, Bd., 257 F3d 937 (9rh Cit. 1001) (casuro-owned sidewalk). Robins v Pruncyard; 23 Cal.3d 899 (1979), Pnmeyard , Robins, 447 U.S. 74 (1980). 494 REPORT/INFORMATIONAL ITEM: MINUTES ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING A Regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 6, 2008 10:00 a.m. CALL TO ORDER A. This regular meeting of the Architectural and Landscaping Review Committee was called to order at 10:06 a.m. by Planning Director Les Johnson. B. Committee Members present: Jason Arnold, Bill Bobbitt, and Ronald Fitzpatrick. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Principal Planner Stan Sawa, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. PUBLIC COMMENT: None. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. Staff asked if there were any changes to the Minutes of January 2, 2008.. There being none, it was moved and seconded by Committee Members Fitzpatrick/Arnold to approve the minutes as submitted. Unanimously approved. V. BUSINESS ITEMS: Final Landscaping Plans 2007-027; a request of Komar Development for consideration of final landscaping plans for the Komar Desert Center, located at the southeast corner of Depot Drive and Highway 111. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department. 495 Architecture and Landscaping Review Committee February 6, 2008 2. Committee Member Fitzpatrick commented on the buildings and the fact he thought it would be helpful if the building uses were identified on the plans. He asked if the parking plan met the City's requirements. Assistant Planner Ceja said the parking plan was approved during the Site Development Permit process. Committee Member Fitzpatrick asked if there was sufficient area provided for loading. Assistant Planner Ceja said concerns about the loading area had been addressed and resolved. Committee Member Fitzpatrick asked if the paving was going to coincide with construction and asked about the completion date. Assistant Planner Ceja suggested the applicant respond to his concerns. 3. Applicant's representative, Clint Knox of Komar Development, said they are looking at paving in a month -and -a -half and landscaping would follow that. Applicant explained they would be coordinating the construction with Costco to minimize inconvenience to them. Committee Member Fitzpatrick asked if Costco had any complaints with them and the applicant said they did not. 4. Committee Member Bobbitt said the step outs on the end parking spaces were great as they would help keep people from stepping in and on, the landscaping. 5. Committee Member Bobbitt suggested the Barbara Karst variety of Bougainvilleas as a substitute for the San Diego Red variety on the columns as it would hold up better. 6. it was moved and seconded by Committee Members Bobbitt/Amold to adopt Minute Motion 2008-007, recommending approval of Final Landscaping Plans 2007-027, as recommended and amended: a. Condition added: Additional landscaping shall be added to the east elevation. B. Site Development Permit 2007-898; a request of Regency Marinita La Quinta, LLC for consideration of architecture and landscaping plans for a neighborhood shopping center of 90,441 square feet located at the southwest corner of Jefferson and Fred Waring. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. 496 2 Architecture and Landscaping Review Committee February 6, 2008 2. Committee Member Fitzpatrick said he was concerned about physical separation between the proposed buildings and residences and the park to the west. He then noted there was a six foot fence separating them. He thought the plan was well done but difficult to follow. He suggested the plan elevations be laid out more clearly for the Planning Commission presentation. He liked the southern exposure and the entrances. He commented on reduction of turf comment in the staff report. Staff said there was more turf than was usually seen on most projects. The water concerns of the last few years dictated a cutback of turf, especially in retention basins. 3. Committee Member Fitzpatrick asked if the retention basin area could be utilized for another use. Staff explained the conditions regarding the turf reduction and the fact they were encouraging the applicant to cut back on the turf. 4. Committee Member Fitzpatrick asked about the City monument that was slated to be located at the corner. Staff said this area was set aside as a reminder for the applicant to allow for the monument to be included. Committee Member Fitzpatrick asked what the monument would be. Staff said it would be similar to the current pieces at the entrances to the City. 5. Committee Member Fitzpatrick asked about the building's interior design. Staff said they don't usually include interior layouts in the information provided to the ALRC . 6. Committee Member Fitzpatrick asked if an 18-wheeler would fit in the back to load and unload. Staff said the design was laid out so the trucks would be able to load and unload and then demonstrated the practical application on the plans. Committee Member Fitzpatrick asked if there was a minimum radius for trucks as he was especially concerned about the southwest corner. Staff replied the Public Works Department had that information, had reviewed the plans, and did not express concern. 7. Committee Member Fitzpatrick asked about exterior lighting. Staff said they did not mention lighting because it was usually addressed at the Planning Commission level. 491 3 Architecture and Landscaping Review Committee February 6, 2008 8. Committee Member Fitzpatrick said negotiating the plans had been difficult for him since there were no cross references on elevations or pads. He said it would be easier if all plans submitted were adjusted at the ALRC level so the Planning Commission could understand them better when they receive them. Staff said they will make sure everything was clear when it went to the Planning Commission. Committee Member Fitzpatrick reiterated that staff did not have a problem with lighting. Staff said the parking lot lights would be limited to a shorter height and shielded. 9. Committee Member Fitzpatrick asked if staff was satisfied there were enough spaces, especially for disabled. Staff said the applicant was in compliance. 10. Committee Member Fitzpatrick said plans were to be stamped by a licensed landscape architect and asked if the requirements were the same for an architect. Staff replied the Building & Safety Department made sure that requirement was met at plan check. 11. Committee Member Fitzpatrick wanted to know why they were making a distinction between an architect versus licensed landscape architect. Planning Manager Sawyer said the Building Department reviews the building plans and checks for architect's credentials. The Planning Department checks the landscape architect's credentials. Committee Member Fitzpatrick was concerned the designs were done by a professional architect. Staff said that was part of the overall application process as is the Architecture and Landscaping Review Committee. 12. Committee Member Fitzpatrick asked if there were any LEEDs certifications involved in this project. Staff, replied not that they were aware of, but the applicant could answer that question. 13. Michael Flynn, KTGY Group, the licensed architect for the applicant, introduced himself and said he would be signing these plans. They are looking at a number of sustainable elements; one of which was shading with sufficient overhangs as well as the limited usage of glass. They believe they can achieve LEED certification on this project. He described the 493 4 Architecture and Landscaping Review Committee February 6, 2008 materials which would be used in the project. He said they have gone through the list, are in good shape, and have registered the project for possible LEED certification. 14. Committee Member Arnold commented on the size of the islands and the step outs. He asked if the step outs would be included in the islands in the parking lots. Principal Planner Sawa said he wasn't sure if the applicant designed it that way but thinks Public Works requires it. Committee Member Arnold was concerned about people stepping on the landscaping plants. 15. Committee Member Arnold was concerned about the width of the islands. Committee Member Bobbitt replied the size of the islands does not allow for the proper growth of the root structure of the trees and they will not survive. He said the long thin islands don't look like they can sustain trees. Staff replied they are required to be six feet wide. 16. Committee Member Arnold asked why they were putting in turf instead of ground cover. Rick Stokes, of Land Solutions, was introduced and said they have been working with staff on the choice of ground cover. Committee Member Arnold said it would be less costly to use Decomposed Granite (DG) and lantana, and the applicant would save on water and maintenance. Grass is high in maintenance and water usage. 17. Committee Member Arnold said there was turf alongside the Fresh & Easy building. Staff said they included a condition requesting DG and plants instead of turf. 18. Committee Member Bobbitt commented on the problems involved with Chilean Mesquites and Queen Palms. Staff said there was a concern for those two types of trees but wasn't sure if the Committee Members wanted to eliminate those species altogether. Committee Member Bobbitt said Queen Palms will die within a couple of years or look terrible, The soil, temperature extremes, everything works against them. They will look good for a while and then they begin to decline. The applicant is usually long gone by then. The owner of the property will not know and he strongly recommends against using the Queen Palms. He suggested a variety of Fan Palms. He was also concerned about ground covers since they look good at first but when it gets hot they don't look as well.. He 439 5 Architecture and Landscaping Review Committee February 6, 2008 did not want to deny usage of specific plants, but suggested the applicant be careful about placement. 19. Committee Member Bobbitt asked about the recommended three to five foot pop outs and asked if staff was going to work out those dimensions with the applicant. Staff replied they would. 20. Committee Member Bobbitt referenced Condition No. 13 regarding the Date Palms being deleted from the palette if proposed. Staff replied they were on the plant palette but not on the plans and suggested they not be used. 21. Committee Member Bobbitt said he does like some use of turf as it cuts down on dust problems. 22. Committee Member Fitzpatrick asked if staff was concerned about the conditions being addressed before going to the Planning Commission. Staff replied they would make sure all conditions and comments were included in the information for the Planning Commission. 23. Committee Member Fitzpatrick asked about plans for the monument. Staff said the plans allowed for placement of a monument, but it had not been designed as yet. Committee Member Fitzpatrick said he wanted to see what these plans would look like once they were revised. Staff said the Committee Members would see the final landscaping plans. 24. Committee Member Fitzpatrick was concerned about the numbering and key systems on the plans. Rick Stokes, applicant's representative, said the plans were taken from various sources and consequently created different numbering systems. These would be revised and re -numbered for the Planning Commission. The items brought up would not be noticeable once the plans are revised and updated. He pointed to the plans and described how the trucks would be turning and addressed various other concerns the Committee Members had voiced. They would eliminate any plants which had not been approved for the plant palette. They would be eliminating any items that staff had requested be deleted and clean up the plans. 500 9 Architecture and Landscaping Review Committee February 6, 2008 25. Committee Member Fitzpatrick said he would like to see future plans finalized and cleaned up when they were presented to the ALRC. Mr. Stokes said he was not familiar with the planning process in La Quinta, but the next project he did in La Quinta would be done better. 26. Committee Member Fitzpatrick said somebody needed to address this at an earlier stage. The Committee should not be rubber stamping plans without those plans being finalized. He requested a referenced, organized set of plans. 27. Committee Member Fitzpatrick commented on the turf reduction and said there should be a specific amount (ratio) listed. He did not feel confident moving the project forward without seeing the finalized plans. 28. Committee Member Fitzpatrick asked about the monument design and asked if the City would be designing it. Rick Stokes, applicant's representative, said he was not involved in the design. Staff said it would be handled through another department in the City. Rick Stokes said the applicant would provide a nice, landscaped place for the monument. 29. Committee Member Fitzpatrick asked if there was a standardized design. Staff said previous monuments had been standardized, but future monuments would have to consider new water efficiency standards. Committee Member Fitzpatrick asked if the Planning Commission should be advised there were some issues with the monument. Planning Manager Sawyer said there was identification on the plan noting the placement of the monument. 30. Committee Member Bobbitt said, as a point of clarification, the Committee was only allowed to see these plans one time. They didn't have a working set of landscape plans so he didn't understand how these issues would be resolved. This Committee is an advisory committee only. He gave a brief history of the original seven -member committee and how it evolved into a three -member committee. He said it is not part of the Committee's charter to have preliminary plans come back. 501 7 Architecture and Landscaping Review Committee February 6, 2008 31. Committee Member Fitzpatrick asked if the Committee could deny the plan. Committee Member Bobbitt said they could do that. Planning Manager Sawyer said they were working on this at a staff level and he had some of the same questions the Committee brought up. He wanted to point out some of the conditions were presented as discussion points to obtain the ALRC's input. So they were draft conditions that staff was still working on and wanted the Committee's input. The plans needed to be finalized. They would take care of this before the presentation to the Planning Commission. 32. Committee Member Fitzpatrick asked if there was a list of conditions that the architectural designers had addressed and staff could make the Committee aware of prior to sending this to the Planning Commission. 33. Committee Member Arnold asked if the plans were revised after the Committee makes their recommendations. Planning Manager Sawyer said in most cases that would be true and explained the process of approval. Staff would continue to work with the applicant until the Planning Commission submission to address those conditions that were question marks. But it is a two-way street as the applicant has to agree to the conditions. Planning Manager Sawyer said staff only has a certain amount of time to process the applications and the applicant may not want to make the changes. 34. Committee Member Arnold added it is the Committee's job to make suggestions/recommendations. It is then up to the applicant to incorporate the changes. Planning Manager Sawyer explained the procedures and time constraints involved. 35. Committee Member Fitzpatrick wanted to know how the Committee Members could make sure changes were made. Planning Manager Sawyer said they will be reflected in the minutes and discussed with the applicant. They would encourage them to make the adjustments. Staff is currently working on a new format that would address the issue of including a key. 36. Committee Member Fitzpatrick said he would like to see the plans organized prior to submittal to the Planning Commission. Michael Flynn, KTGY Group architect, said they have no problem with addressing the conditions presented and would comply prior to Planning Commission presentation. Mr. Stokes 502 8 Architecture and Landscaping Review Committee February 6, 2008 said it is their commitment to address those issues before they go to the Planning Commission. 37. Committee Member Fitzpatrick said the plans should include the things discussed today and acknowledge those items be included in conditions to the Planning Commission. Staf f explained the procedure to include the information. 38. It was moved and seconded by Committee Members Bobbitt/Arnold to adopt Minute Motion 2008-008 recommending approval of the Site Development Permit 2007- 898 as recommended. Unanimously approved. C. Village Use Permit 2007-039; a request of Prest Vuksic Architects for David Chapman for consideration of architecture and landscaping plans for two 7,045 square foot single -story office buildings located at the northeast corner of Avenue 52 and Desert Club Drive. 1 Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Committee Member Fitzpatrick asked about the Village Guidelines. He said a two-story building was proposed before and the community objected to it. He asked if they needed to go back to the community to see if they have any objections. Staff said they had a neighborhood meeting and there have been no objections by the community. 3. Committee Member Fitzpatrick had questions about the parking spaces. Staff explained the parking plan which would not have a conflict with the offices because the restaurant did not serve lunch and the offices were closed at night. 4. Committee Member Fitzpatrick asked if the covered spaces addressed the 30% covered parking spaces requirement. Staff defined what was involved in the 30%. 5. Committee Member Fitzpatrick asked if any of the spaces included disabled spaces. Staff said those would be included under the carports. 503 9 Architecture and Landscaping Review Committee February 6, 2008 6. Committee Member Fitzpatrick asked if staff had any concerns about the turf requirements. Staff said they would not be adding turf, but removing some. 7. Committee Member Fitzpatrick asked about southern exposures. Staff said there are three foot overhangs to accommodate the southern exposures. 8. Committee Member Fitzpatrick asked if there were rental spaces. Staff said they would be tenant spaces. 9. Committee Member Fitzpatrick asked about the amount of restroom facilities. Staff explained how additional facilities may be added as tenant improvements when spaces where rented. 10. Committee Member Fitzpatrick asked if the design was consistent with Village Guidelines. He said the buildings should be people friendly and he did not see any of the amenities mentioned in the Guidelines. Staff said the project does provide for some walkability but had to take into consideration it is along Avenue 52. Committee Member Fitzpatrick asked if the City was going to waive the walkability requirement. Staff replied it was not a requirement, just a suggestion. 12. Committee Member Fitzpatrick asked if this was a pedestrian - friendly site. The landscape architects, Dave Munday and Ron Burger with RGA Landscaping, were introduced and pointed out the random flagstone pathways which would invite the public in and were accessible from the public sidewalk. The setting is informal desertscape but designed to be pedestrian friendly. The public sidewalks feed right into the development. He then stepped forward and explained the plans to the Committee Members. 13. Committee Member Fitzpatrick said that appeared to meet with the Village Guidelines criteria. He asked if the sand traps qualified as a landmark. Staff said they were not officially designated landmarks. 14. Committee Member Bobbitt said he was on the Committee for when the first buildings were proposed and had a very difficult time with denial of the project because of the height of the 5J 4 W, Architecture and Landscaping Review Committee February 6, 2008 buildings across the street. He does like the restaurant and the theme. He did receive some comments from the City Council after they approved the original two-story building. He felt this design was much more appropriate for that location and a more than acceptable substitute for this space. 15. Committee Member Bobbitt said the building maintains the Village atmosphere. Committee Member Fitzpatrick brought up a valid point about public access, He would like to see something on this corner to invite people in such as benches, a fountain, etc. He would not feel comfortable unless there were something inviting to draw people in without distracting people working in the offices. He said he would like to see something more inviting on the corner. It had not been achieved across the street in the other buildings. He suggested something subtle be designed appropriate to the Village design theme. 16. Committee Member Bobbitt had a question on the parking plan. The plan showed a new putting green in front of the building, but on the landscape plans it said existing lawn to remain. Is it going to be lawn or a new putting green? Dave Munday said the putting green would remain. Committee Member Bobbitt said it was confusing because the plans differed in what they showed. He would prefer to see some inviting landscaping such as the utilization of shade trees. He pointed out the City's use of benches in various locations. 17. Committee Member Fitzpatrick said there were some nice streetscapes in the Village. Mr. Burger said they might look into adding something low profile, but nice. 18. Committee Member Bobbitt said the plant palette had been modified to suit City needs, but had concerns about the Schinus molle (California Pepper Tree). 19. Committee Member Fitzpatrick asked if there was anything sustainable about either of these buildings. Dave Prest, Prest Vuksic, was introduced and said they were starting to do LEED projects. He said the desert presents many challenges for a LEEDS approved project, but they have been including basic energy efficient procedures in their projects. They have to deal with and meet incredible standards for Title 24. They have eight or nine overhangs, low-E glass, and other energy efficient procedures. They are trying to blend into the desertscape and Architecture and LandSCaping Review Committee February 6, 2008 their photometrics include a light standard; which is an indirect fixture so you don't see the light source at all. Staff put up the photometric plan. 20. Committee Member Fitzpatrick asked if the light fixtures utilized low energy. Mr. Prest said they were an energy -efficient light source. 21. Committee Member Fitzpatrick said he did not see any solar usage. Mr. Prest said solar is good for producing electricity and good if you can use photovoltaics. They have done projects with photovoltaics, but nothing to heat water. They are trying to reduce electricity. He used an example of a company they are working with, from Oregon, which takes natural gas which in turn produces hydrogen which in turn produces electricity. He described the energy cell which is about as big as an air conditioning unit. 22. Committee Member Fitzpatrick said there was a lot of focus on water usage, but said there should be some reflection on solar usage. Mr. Prest said these are shell buildings and they only show two bathrooms. When the spaces are rented they will put in their own tenant improvements. 23. Committee Member Fitzpatrick asked if they had prospective tenants. Mr. Prest said not at this time. 24. There being no further questions, it was moved and seconded by Committee Members Fitzpatrick/Bobbitt to adopt Minute Motion 2008-009 recommending approval of Village Use Permit 2007-039 as submitted. Unanimously approved. V1. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMITTEE MEMBER ITEMS: A. Staff said Council approved the Water Efficiency Ordinance requiring all new projects to comply with the new CVAG Water Efficiency requirements. In addition to that, from the direction of Planning Commission is that all water features are required to have a non - potable water source. Committee Member Bobbitt asked if this included all water features, such as lakes. Staff replied yes. The only exception would be if the Planning Commission approved the water feature without it. They would have to work with the applicants to 5 U 12 Architecture and Landscaping Review Committee February 6, 2008 referenced the earlier project and asked how it was affected. Staff said they are looking for ways to minimize turf and use where it is really needed. An example was given regarding turf usage in retention basins. Committee Yembers cited, several examples of when turf would be reduced and by how much. Staff stated 50% was the maximum allowed. The CVWD standard is not 50%. They also codified the no turf option for model homes. The City is hoping to encourage developers to promote low water usage landscape. Committee Member Bobbitt explained water running down the streets is not wasted but will eventually go back to replenish the aquifer. He asked if the City would have any grant programs to help people reduce their landscaping. Staff said the City is working with CVWD on a grant program to reduce turf. Committee Member Bobbitt said new plans would have to meet with CVWD and City requirements. VIII. ADJOURNMENT: There being no further business, it was moved and seconded by Committee Members Fitzpatrick/Arnold to adjourn this meeting of the Architectural and Landscaping Review Committee to a Regular Meeting to be held on March 6, 2008. This meeting was adjourned at 12:05 p.m. on February 6, 2008. Respectfully submitted, AROL N WALKER Executive Secretary 507 13 REPORT/INFORMATIONAL ITEM: C9-0 MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the South Conference Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 20, 2008 This meeting of the Historic Preservation Commission was called to order by Chairman Wilbur at 3:02 p.m. who asked for the roll call. 1. CALL TO ORDER A. Roll Call. Present: Commissioners Puente, Redmon, Sharp, Wright, and Chairman Wilbur Absent: None Staff Present: Planning Manager David Sawyer, Principal Planner Stan Sawa, Executive Secretary Carolyn Walker, and Secretary Monika Radeva. 11. PUBLIC COMMENT: None 111. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: A. It was moved and seconded by Commissioners Puente/Sharp to approve the minutes of February 28, 2008, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Discussion of the status of the updated Historic Preservation Commission Timelines and Accomplishments Report. 5 6 8 NReports - CC\2008\5-20-08\HPC 3-20-08.doc Historic Preservation Commission March 20, 2008 Planning Manager David Sawyer gave the Commission an update of the Timelines and Accomplishments Report. He asked the Commissioners to inform the staff if anything had been overlooked or omitted. Allan Wilbur inquired about the bold print in parenthesis on some of the items listed on pages ten and eleven of the report. Staff replied that it was old information on those items and it would be updated. Commissioner Redmon had a question about the definition of the word .midden." Commissioner Wright said it referred to an old ' dump site. Staff said it is often used when referring to refuse from a tribal village, which over time grew and decomposed. Commissioner Wright pointed out the report mentioned Commissioners appointed back in 1994; however, it did not include any further mention of Commissioners who had been re -affirmed or appointed thereafter. He suggested that information be added to the report within the timeline. Staff agreed and said they would add the information. Commissioner Sharp thanked Staff for all their efforts on this project. Commissioner Wright suggested bringing the document to the Conference for reference. He added that some of the attendees may be interested in obtaining a copy of the report as it is a great reference of the City's accomplishments. Commissioner Sharp asked for clarification on whether or not the Commissioners were to hand out the report themselves. Commissioner Wright suggested they only obtain business cards from the attendees who were interested in further information and those be given to staff for completion. Staff agreed with the recommendation and added all corrections would be made and given to the Commissioners before the Conference. Commissioner Redmon did note the following corrections: a. Page 5, line two should read: Mitigation b. Page 9, lines 16 and 17 should read: Pointe at Point Happy Ranch - arborist does a complete count of every tree. B. Discussion of scheduling the completion of the Historic Context Statement. 9 P:\Reports - CC\2008\5-20-08\HPC 3-20-08.doc 2 Historic Preservation Commission March 20, 2008 Principal Planner Stan Sawa gave the Commissioners information on the schedule they received. Chairman Wilbur asked if there were two statements. Staff said there was only one completed in 1997 and that it was being updated. Staff said they are moving forward on this document based on the comments received by the Commissioners. Staff requested the Commissioners advise them of any further comments on the Statement. VI. CORRESPONDENCE AND WRITTEN MATERIAL: None VII. COMMISSIONER ITEMS: Chairman Wilbur asked Staff for an update on the travel arrangements for the upcoming California Preservation Conference, which Staff provided. Discussion about the 2009 Historic Conference, which will be in Palm Springs and the possible addition of some tours in La Quinta. Commissioner Sharp referenced an article in the Los Angeles Times regarding the cancellation of a 5,553 residential unit project. General discussion followed regarding growth and traffic patterns in the Coachella Valley Commissioner Wright commented on the new low-income housing project on Avenue 48 and Dune Palms Road. He said this project is being done in partnership with the City of La Quinta and the Coachella Valley Housing Coalition and promises to be a fantastic project and beautiful development. Planning Manager David Sawyer explained the Regional Housing Needs Assessment (RHNA) requirements placed by the State on every community, city, or county regarding the number of low income housing units that need to be built each year. He said the City of La Quinta goes the extra mile in its effort to comply with RHNA requirements and is far ahead of most cities in this area. Commissioner Wright commented that the City of La Quinta is a leader in trying to meet the RHNA requirements. Commissioner Redmon asked what the numbers were based on. Staff replied that there were a number of things they were based on and listed several. 510 PAReports - CC\2008\5-20-08\HPC 3-20-08.doc 3 Historic Preservation Commission March 20, 2008 Vill. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Redmon/Sharp to adjourn this Meeting of the Historic Preservation Commission to the next Regular Meeting to be held on April 17, 2008. This meeting of the Historic Preservation Commission was adjourned at 3:27 p.m. Unanimously approved. Submitted by: rolyn alker Executive Secretary 5 11 PAReports - CC\2008\5-20-08\HPC 3-20-08.doc 4 REPORT/IN FORMATIONAL ITEM: CP. I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 25, 2008 1. CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Vice Chairperson Barrows who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Jim Engle, Paul Quill, Robert Wilkinson, and Vice Chairperson Katie Barrows. Absent: Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Principal Planner Andy Mogensen, Assistant Planner Yvonne Franco, Executive Secretary Carolyn Walker, Secretary Monika Radeva. 11. PUBLIC COMMENT: None. Ill. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Vice Chairperson Barrows asked if there were any changes to the Minutes of March 11, 2008. There being none, it was moved and seconded by Commissioners Quill/Engle to approve the minutes as submitted. Unanimously approved. VI. PUBLIC HEARINGS: A. Site Development Permit 2007-894; a request of The Quarry at La Quinta for consideration of Architectural and Landscaping Plans for Expansion of a Maintenance Yard Facility located on the south side of Cahuilla Park Drive, west of South Jefferson Street, north of Tom Fazio Lane. 512 PAReports - CC\2008\5-20-08\PC Minutes 3-25-08.doc Planning Commission Minutes March 25, 2008 Vice Chairperson Barrows opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Vice Chairperson Barrows asked if there were any questions of staff. Commissioner Quill asked about Cahuilla Park Road being a right-of-way and if the road is on Federal land. Staff said it was a Federal easement. Commissioner Quill said Cahuilla Park is managed by the County and Lake Cahuilla is managed by the Coachella Valley Water District on Bureau Of Reclamation land. He asked staff if the Quarry had access rights to use this road. Staff said they researched this and the Quarry does have the right to use this road and explained the details of the access easement for the Quarry. Commissioner Quill asked if the light fixtures were hooded. Staff said they would be hooded. Commissioner Quill asked if they would be low pressure sodium lights. Staff suggested the applicant answer this question. Commissioner Quill said his biggest concern was parking for the maintenance workers. Staff presented a slide which pointed out the parking spaces available to the workers, and maintenance vehicles, showing more parking than currently available. Commissioner Quill asked if the parking lot at the tennis court was available for maintenance workers. Staff suggested the applicant respond to this question. Commissioner Quill asked why the City was involved with processing an application for a private facility. Staff said it was to be processed the same as any other application. There being no further questions of staff, Vice Chairperson Barrows asked if the applicant would like to address the Commission. Mr. Chuck Mc Bride, Architect, 77-980 Wildcat Drive #2, Palm Desert, introduced himself and said the applicant had not specified what type of light fixtures would be used. He added the auxiliary parking lot (for the spa area and tennis courts) would be available for employee parking. 513 2 Planning Commission Minutes March 25, 2008 He did have a comment on the recommendation to increase the height of the four -foot wall on Tom Fazio Lane. He said the four -foot wall currently exists and was originally built under old construction codes. It would not be feasible to just add height to it. They would have to tear down the wall and build a new one which would not be economically feasible. He requested they work with staff on a landscaping buffer to screen the buildings and retain the current wall. Commissioner Wilkinson asked about the meetings with the residents and asked if they had spoken with the residents across the street from the wall. Mr. McBride said the existing building could be seen over the wall now. The new buildings would be equal in their exposure factor. Commissioner Wilkinson asked what the landscaping solution was. Mr. McBride said the landscaping has always been a situation of working with staff to effectively use the existing palette for screening on Tom Fazio Lane and Cahuilla Park Road. Mr. McBride said they agreed to the landscaping proposed. Commissioner Wilkinson asked if Public Works has said it was not feasible to add height to the wall. Mr. McBride said this wall was put up a long time ago and was never intended to withstand the extra load. The new wall would be approximately $100,000. Commissioner Quill said there is currently an unkempt Oleander hedge on Cahuilla Boulevard. He asked Mr. McBride what they were planning on doing there, bearing in mind water usage. Would they be amenable to pulling those out and using more desert, drought -tolerant plant materials. Mr. McBride said yes they were, as well as including boulders and various other desert -type plant materials. They would like to maintain the natural look and need to work with staff to achieve it. Commissioner Quill said they need to make it look nice, but as a more natural, desert landscape and still provide the type of screening that has been suggested. He mentioned the use of Palo Verde trees Mr. McBride agreed and said there are some existing mesquite trees. Commissioner Quill said there are always cars parked to the left of the main entrance on the extension of Jefferson Street. They look like they are maintenance -type workers. Since it is not a parking lot, how is the Quarry solving that issue. Mr. McBride said the question came up once before and it was not the maintenance crew and said it could be sub- contractors or private cars of other workers. 514 3 Planning Commission Minutes March 25, 2008 Commissioner Quill asked if they were employees of the Quarry. Mr. McBride said they were not. Commissioner Quill said getting the staff of the golf course to pay attention to the exterior of their maintenance facility has always been a challenge in terms of maintaining the landscaping, especially along Cahuilla Parkway. The complaint is consistently they don't have time or staff to keep up the landscaping. However, this is a very visible area. He asked what the Quarry could do to ensure the outside landscaping was maintained. Mr. McBride said they have agreed to enhance the landscaping and it would normally be construed that the maintenance would be performed on a regular basis and suggested a Condition of Approval could be added to address that issue. Vice Chairperson Barrows said there needed to be additional treatment along the slope and she didn't see any suggestions from the landscape architect addressing that. She was glad that staff suggested it. It is a difficult area to landscape and it doesn't look finished. She recommended the incorporation of more native landscape such as brittle bush or Palo Verde as a substitute for the Oleanders to blend in with the surroundings. She added there is the potential to put some sort of wells along the slopes, or add trees to make it look like a finished landscape instead of just a dirt slope. Vice Chairperson Barrows asked staff which condition referenced the block wall. Staff replied Condition of Approval Number 42 on Page 18. Commissioner Quill said, knowing the caliber of the people living within the community, if there's an issue with the wall being too low the individuals living there will contact the General Manager to repair it. He personally did not have any issues with the wall being left at four -feet. He said if they want to keep the wall, the Commission should include in the minutes that they suggested it be raised, the applicant chose not to follow the recommendation, and the City should not be responsible for any future issues relating to that wall. It should never again come backto the City for discussion. He added the General Manager was at the meeting, chose not to follow the suggestion, and any future issues should be directed to him. It's a private community and this should be handled by them. Vice Chairperson Barrows suggested the additional landscape screening be added to the Conditions of Approval. 515 El Planning Commission Minutes March 25, 2008 Vice Chairperson Barrows asked if there was any public comment. There being no further public comment, Vice Chairperson Barrows closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Engle agreed with Commissioner Quill regarding allowing the wall at its current height with appropriate landscape screening. Vice Chairperson Barrows asked Commissioner Engle if he meant Condition of Approval No. 42 be changed to allow the wall and add more landscape screening. Commissioner Engle deferred to Commissioner Quill on his definition. Commissioner Quill suggested the Condition should state the City suggested the wall be raised, but it is only a suggestion and discussed at the public hearing. He said he would also like to see a Condition added requesting hooded lights on all the buildings and definitely no projected light. He would like to add a condition on the landscaping of the slope and berm, the entire length of Cahuilla Park Road, which suggests the Oleanders be pulled out, and possibly the wall be painted and landscaping be done in a conducive manner to the area surrounding it using Palo Verde. He suggested the applicant use drip -irrigation, and using the definition of native versus drought -tolerant; the Commission would like this landscaping to be native. Vice Chairperson Barrows asked if the suggestion was the second sentence of Condition No. 51 be changed to state: "The applicant shall replace all of the original Oleanders with an improved screening material which incorporates native species such as Palo Verde, Brittle Bush, and others." She said it will be challenging on the slope, but it can be made more natural looking without using Oleanders. The Commission will be looking at these changes when the revised landscaping plan comes back to them. Commissioner Quill had a question about the wash racks. He asked if they were being designed to be environmentally -friendly. Mr. McBride said they were, explained the system being used, and said it was fully approved by the Coachella Valley Water District. 5 Planning Commission Minutes March 25, 2008 There being no further discussion, it was moved and seconded by Commissioners Quill/Engle adopt Resolution 2008-010 approving Site Development Permit 2007-894, as recommended and amended: a. Condition 42 be deleted in its entirety and replaced with the following: "The Planning Commission permits the applicant's request to maintain the existing block wall along Tom Fazio Lane at four feet in height, when measured from the street side. The Planning Commission discussed this item during their March 25, 2008 public hearing and suggested this wall be raised to a six foot height." b. Delete second sentence of Condition 51 and replace it with: "The applicant shall remove the Oleanders and replace them with native plant species compatible with the surrounding landscaping." C. Add a sentence to Condition 41 which states: "The perimeter wall along Cahuilla Park Road shall be repainted." ROLL CALL: AYES: Commissioners Engle, Quill, Wilkinson, and Vice Chairperson Barrows. NOES: None. ABSENT: Chairman Alderson. ABSTAIN: None. B. Sign Program 2007-1165, Amendment No. 1; a request of Imperial Sign Company, Inc. for consideration of a Proposed Sign Program Amendment for Permanent Business Identification Signage for Applebee's Restaurant located at 45-305 Seeley Drive. Commissioner Engle recused himself and left the meeting. Vice Chairperson Barrows opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Planning Department. Vice Chairperson Barrows asked if there were questions of staff. Commissioner Wilkinson asked for clarification of the various options. Staff explained what each option involved. Commissioner Quill asked what staff was recommending. Staff replied Option Two. 517 M Planning Commission Minutes March 25, 2008 Planning Manager David Sawyer said it would be similar to signs two and three in size and style. He then explained why Option Two was preferable. Commissioner Quill asked if the size of the sign was larger than that previous approved. Planning Manager Sawyer said the size of the sign is bigger because of the inclusion of the cabinet. He explained there was some flexibility included in the condition to allow a more proportionate match up with the area of the stone. Commissioner Quill asked what the difference was in size from the original sign. Staff replied the original sign was 47.35 square feet and this sign was 93.5 square feet. Commissioner Quill asked if the proposed sign was compatible with the Municipal Code. Planning Manager Sawyer said if signs two and three were to equal 50 square feet it would be consistent. Vice Chairperson Barrows asked if there was an example of Option Two but similar to what was shown on the screen with wraparounds. Staff said no. There being no further questions of staff, Vice Chairperson Barrows asked if the applicant would like to address the Commission. Applicant's representative, Abe Sackett, Chief Operating Officer, said he was available to answer any questions. He said they would like to have the sign the way they have proposed it. They would like to keep the wraparound sign. This is a more attractive and easier to maintain sign. The second option would be similar to this. Mr. Sackett said this design represents the new Applebee's logo. La Quinta would be one of the first restaurants to have the new design. Vice Chairperson Barrows asked if there were any questions of the applicant. There being no further questions of the applicant, Vice Chairperson Barrows asked if there was any other public comment. There being no public comment, the public hearing was closed and the item was opened for Commission discussion. Commissioner Wilkinson asked if the discussion was regarding the sign on the eastern elevation. Staff said yes. 51 7 Planning Commission Minutes March 25, 2008 Commissioner Quill said he wasn't that concerned about the sign as submitted since it is not as large as one of the big box signs. Vice Chairperson Barrows asked staff if Option One is within the sign program, and without a size problem. Staff replied Option One would require approval of the adjustments to have the increase in the sign ordinance. Commissioner Wilkinson asked what the size adjustment would be. Staff explained What the adjustments would need to be to receive approval to allow signage on the east elevation . Commissioner Wilkinson asked if a sign would be allowed on the east application under the current sign program. Staff said no. Planning Manager Sawyer said the first sign adjustment would be to allow the applicant to locate on the east side of the building and the second adjustment would be to allow a wall sign of more than 50 square feet. He then went on to explain the appropriate sections of the Sign Code. Applicant's representative, Mr. Sackett explained how the sign was measured explaining the dimensions included the cabinet. Commissioner Wilkinson was concerned as to how much more square footage would have to be allowed. Vice Chairperson Barrows asked about an exhibit for Option Two. Staff said they did not have an exhibit that showed the dimensions. Planning Manager Sawyer said the approved signage was included in the original sign program and would be similar to that which was shown on the overhead screen. Commissioner Wilkinson said the wraparound would have a better finished look than Option Two, which would have exposed edges. Commissioner Quill asked if there would be stone behind the sign. Mr. Sackett said yes. Vice Chairperson Barrows said the sign was attractive and she did not have a problem with it. 5A U Planning Commission Minutes March 25, 2008 There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Minute Motion 2008-010 approving Sign Application 2007-1165, Amendment No. 1 as recommended with the following amendment: a. Delete Recommendations 2 and 3 and accept all others. Unanimously approved. Commissioner Engle rejoined the meeting. VII. BUSINESS ITEMS: A. Discussion of the upcoming Planners Institute Conference, March 26- 28, 2008. A report will be given at the next meeting. B. Discussion of the April Vt City Council meeting which will include the Eden Rock project. Modifications were made to the project following the Planning Commission's recommendations. The reductions requested were included and a description of all the changes was given. A report will be given to the Commission at their April 8t' meeting. C. Vice Chairperson Katie Barrows stated she will be unable to attend the April Sth meeting. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: None X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Engle to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on April 8, 2008. This regular meeting was adjourned at 8:07 p.m. on March 25, 2008. Respectfully submitted, Carolyn alker, Executive Secretary City of La Quinta, California 54)0 we MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 8, 2008 CALL TO ORDER 7:00 P.M. A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to lead the flag salute. B. Present: Commissioners Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. Absent: Commissioners Katie Barrows and Jim Engle. C. Staff present: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed Wimmer, Principal Planner Stan Sawa, and Executive Secretary Carolyn Walker. 11. PUBLIC COMMENT: None. Ill. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Ed Alderson asked if there were any changes to the Minutes of March 25, 2008. There being none, it was moved and seconded by Commissioners Quill/Wilkinson to approve the minutes as submitted. Unanimously approved. VI. PUBLIC HEARINGS: A. Specific Plan 2002-062, Amendment No. 2, Site Development Permit 2007-898; a request of Regency Marinita La Quinta, LLC for consideration of 1) Development Guidelines and Principles to allow Development of a Retail Shopping Center on 10.79 acres, 2) 521 PAReports - CC\2008\5-20-08\PC Minutes 4-08-08.doc Planning Commission Minutes April 8, 2008 Architectural and Landscaping Plans for a 90,441 square foot Shopping Center located on the southwest corner of Jefferson Street and Fred Waring Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if the OSH building height was 41 feet. Staff said yes. Chairman Alderson asked if there were any water features included. Staff replied there were not. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson had a question about the elevation of the homes south of the project. Staff stated the residences were four feet lower compared to Shops 1. Commissioner Wilkinson asked about the park. Staff said it was a park and retention basin and quite a bit lower than the project. Commissioner Wilkinson was concerned about line -of -sight and the views of the nearby residences. Staff said from the south or the west people would see some of the buildings. There was proposed landscaping along both of these properties. When the landscaping has matured the trees will screen some of the project. Commissioner Wilkinson said one of the Conditions of Approval discusses delivery times. He asked if the deliveries, for the hardware store, would be made at the rear of the store. He also asked about early morning deliveries. Staff replied that Condition is the same as that imposed in 2002 and suggested the applicant address the Commissioner's concerns. Commissioner Wilkinson asked if the City Code required no work before 7:00 a.m. Chairman Alderson said that Code reference was related to construction, not retail deliveries. Staff pointed out Condition 100 which states "Deliveries to Shops 1, Fresh & Easy food store, and OSH Hardware or subsequent tenants shall not occur between 9 p.m. and 8:00 a.m." Staff said this should be compatible with the nearby residences as far as delivery times are concerned. 2 Planning Commission Minutes April 8, 2008 Commissioner Wilkinson had a concern about the north entrance off of Jefferson where the parking areas come out into the driveway lane. He said motorists will be driving fast and traffic will be coming out of the parking areas at a lower rate of speed. He asked if this could be a potential problem. It was pointed out Commissioner Wilkinson was discussing the northern entrance off Jefferson Street. He suggested moving the building Pad A to the north, with parking on the south side of building, to alleviate the problem. Staff asked if he meant flipping the building and the parking in that area. Commissioner Wilkinson said he was suggesting moving the building over. Chairman Alderson said the alternative would be to stop traffic from using the driveways on either side or re -direct that exiting traffic. Commissioner Wilkinson said it was more the south area where it gets complicated if someone is entering the site and wanting to turn left into the bank parking area. It can create a bottleneck. He gave the example of the problem at Adams Street and Highway 111 by the carwash. Chairman Alderson suggested the applicant's engineer could address that question when they make their presentation. Commissioner Wilkinson said the photometric study showed the southwest corner of the project had very low numbers and it appeared to be very dark. Commissioner Quill said it was for the protection of the nearby houses. Staff said there would have to be some additional fighting in that area, but they would look at the final photometric study and make sure there was adequate lighting for safety, but still have the appropriate shielding for the neighbors. Chairman Alderson said this project was "parked out". He asked if the applicant was made aware of the fact that if he changes his mix of tenants and an incoming tenant has a higher parking requirement there will be no "leeway" to accommodate the parking. Staff replied the applicant had been informed of the parking requirements. 51:-:) ki Planning Commission Minutes April 8, 2008 Chairman Alderson asked that a condition be added that the approval is for the two currently proposed drive -through uses, but should a new tenant request a drive -through for food use, it would be denied. Staff clarified they would not administratively approve a drive -through for fast- food. Chairman Alderson asked if there was any protection provided to eliminate the possibility of the public falling into the retention basins. Staff said normally no restrictions were required. Chairman Alderson asked if staff felt there was a hazard. Staff replied Public Works had analyzed the plan and would have commented on it if there was a safety issue involved. Principal Engineer Ed Wimmer agreed. Chairman Alderson asked if there were any major concerns expressed at the recent neighborhood meeting. Staff stated they did not attend the meeting and they had not subsequently been made aware of any major concerns. Chairman Alderson asked if the area designated for the City of La Quinta entry monument was only to have a City sign, or was the applicant including tenant signs. Planning Director Johnson said the area was reserved for the future use of a City entry -only sign such as the one in front of Home Depot. Chairman Alderson commented about the height of the OSH tower being 42 feet. Staff replied it had previously been approved at 41 feet. Chairman Alderson said Code limits that tower to 28 feet and said the City was giving up a 14 foot condition. Staff said that was right. Chairman Alderson was not trying to "nit pick" but it seems that every time an applicant comes in they raise these buildings a foot or two higher. He said he would look down on anything higher than this in the future. Chairman Alderson complimented the Architecture and Landscaping Review Committee on the fine job they did in analyzing the building design. Their comments were extensive and to the point, especially those of Committee Member Fitzpatrick. He also applauded the applicant for incorporating the ALFIC-requested changes into the plans. 51-4 rd Planning Commission Minutes April 8, 2008 Commissioner Quill asked if the original plan was included in the packet. Staff said it was attachment no. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Rick Stokes representing Regency-Marinita said the primary concern of the residents was the height of OSH. OSH has failed to execute an agreement with the developer to be part of the project. They are asking the commission to approve the project without the OSH portion of the project. Chairman Alderson wanted to know if they were asking for approval of the OSH pad, but not a building. Mr. Stokes said they wanted the approval of the 42,500 square foot building area as a pad. They have worked with staff on the Conditions of Approval and only have a couple of concerns. The first would be 1 5(B) 1)a); that the last sentence be changed from "The applicant shall pay to the City of La Quinta this fair share prior to the issuance of the grading permit" be changed to read "...prior to the issuance of building permits." Mr. Stokes wanted to address Condition No. 93 which referred to the CVS Pharmacy. He said there was a representative from CVS Pharmacy present to discuss this Condition. Commissioner Quill said the idea of approving a structure without knowing what the structure is for is problematic. He said he could not approve the specific square footage. Mr. Stokes said they were requesting approval of the pad based on the whole Site Development Permit. Commissioner Quill said he was concerned about approving the square footage because he did not know what the future usage would be. Planning Director Johnson suggested it be identified as retail not to exceed that amount so the parking ratio will still work. He added, a footprint and the square footage have to be identified for the Specific Plan purposes. Obviously the design character and everything else in the specific plan would hold true for any amendments to the site development permit that would come before you for future adjustments to either the footprint or the architecture of the building not to exceed 42,500 square feet. 5 "5 5 Planning Commission Minutes April 8, 2008 Commissioner Wilkinson asked if the hours of delivery beginning with 7:00 a.m. were included in the conditions of the previous applicant and asked if that had anything to do with the neighborhood meetings. Mr. Stokes said the neighbors were concerned about that condition and he assured them it was covered in the Conditions of Approval. Commissioner Wilkinson had concerns about congestion at the entrance to the parking lot and asked how the site would be impacted if Building A was flipped with the parking area to the immediate north. Chairman Alderson said it would only solve half the problem. Commissioner Wilkinson gave some scenarios of parking problems. Mr. Stokes gave an explanation of how the circulation would work using the example of a bank tenant which is a very low intensity use. He said the plan would then be do -able if they were to flip the building and the parking area. Commissioner Wilkinson asked if emergency services had appfoved the turning radii. Staff said they had received no negative comments on this. Mr. Stokes said they submitted the plans to Riverside County and they had several comments, with their main concern being the ability to make a left-hand turn on to Jefferson. Commissioner Wilkinson commented on the direction the traffic would have to take. He asked Staff if they looked at the lighting and how it influenced the neighbors in the southwest corner of the parking area. He said if the use is changed it could affect the lighting. He asked if there was a way to get more lighting below the wall. Staff said there should be a way of adding lighting there with proper shielding. Commissioner Wilkinson said the photometrics study showed zero fight in that area. Staff said they would make sure there was adequate lighting. There was a preliminary photometric study, but the final would provide adequate lighting. Planning Director Johnson suggested if the Planning Commission wants to add a Council recommendation staff could work with the applicant to assure there is adequate lighting and less impact on the nearby residences. Commissioner Wilkinson asked if they would be looking at signage later. Staff replied yes. 0 M Planning Commission Minutes April 8, 2008 Planning Director Johnson clarified there is an allowance for architectural features up to fifteen feet in excess of the regular height requirements in the non-residential district. Chairman Alderson said when the large building is taken out the tower feature will be removed and no longer a concern. The other heights are within the logical allowable amount the Commission has approved. His point was there just seemed to be so many applicants exceeding the height regulations lately. Chairman Alderson asked if the lighting stands alone or was it attached to the OSH building. Planning Director Johnson replied the photometric plan took into account parking lot lighting only. An updated photometric plan would have to be worked out with the applicant. Commissioner Quill said one of the things discussed the first time this application was approved, was discussion about the fact there was a park and residential community behind it and, yet no walking or bike access had been provided into the shopping center. He asked when the City would begin requiring the addition of pedestrian -friendly uses to shopping centers. He was also concerned about the potential for driving problems just to access the shopping center and said the Commission should be promoting pedestrian -friendly access. Chairman Alderson asked if the project was approved, would the applicant begin construction immediately. Mr. Stokes said they were hoping to. They currently had their plans in for Shops 1, 3, and Pad A had already been through first plan check. Chairman Alderson confirmed they were just waiting for approval to submit plans. Mr. Stokes replied they were. Chairman Alderson asked if the grading plan was ready to go with the elimination of the OSH building. Mr. Stokes said they were waiting to submit their grading plan with changes. Chairman Alderson asked staff, regarding the grading plan, if the client would have any problems if they omitted the OSH pad, from the application, and did not have any changes in grading topography or anything. Principal Engineer Ed Wimmer said it did not appear to be any problem at all. Ms. Holly Gryzywacz, (representing CVS Pharmacy), 5850 Canoga Avenue, Suite 650, Woodland Hills, California said this design concept was based on the 2004 approval. It was the original concept with a 5 7 Planning Commission Minutes April 8, 2008 slight modification. (Mr. Stokes held up two sets of drawings; one with the original plan and one with the latest drawings.) Ms. Gryzywacz said the arch itect-d rafted architecture would blend well with the center's architecture. They tried to maintain the original concept including arches. I Chairman Alderson asked if they were looking at the first submittal or a recently amended one. Mr. Stokes clarified what they were looking at. Ms. Grzywacz said they took the recommendations of the Architecture and Landscaping Review Committee and were working to remove the columns to bring the building into cohesion with the rest of the center. They tried to preserve the windows, but she had no problem with adding back the columns. Chairman Alderson asked her if staff was recommending the original design. Ms. Grzywacz said yes. Chairman Alderson said if there were no more applicant representatives, he would call up Mr. Greg Cairns, whose wife had sent an e-mail to the Commissioners with concerns about the project. Mr. Greg Cairns, 79-966 Memorial Place, La Quinta said they were relieved to hear the concerns brought up by the Planning Commission. His concern was the type of trees that would be planted near his home, because all the tumbleweeds ended up in their yard. They would like to have "clean" trees rather than Tipu trees near their yard to help with the dust and debris. Other than that inclusion, they were happy with the plan. After attending the meeting tonight he was confident the Planning Commission was on top of the situation. Chairman Alderson complimented Mrs. Cairn's well -written e-mail. Chairman Alderson asked if there was any public comment. Mr. Mike Flynn, Project Architect, 17-992 Mitchell South, Irvine, California 92614, had a couple of items regarding changing the trees in the southwest corner, which was no problem. He said they would be going back through the Architecture and Landscape Committee with those changes. Chairman Alderson asked about he preliminary landscape plans. Staff clarified the conceptual plans were taken to the Planning Commission and the final plans were conditioned to be approved by staff, then taken to the Architecture and Landscape Committee for final approval. Mr. Flynn said he thought they could work something out that would give them conceptual grades. ADA access there wouldn't be any problem with including an opening so you could walk through the park and get access to the shopping center. 9 Planning Commission Minutes April 8, 2008 Commissioner Quill said while Mr. Flynn was at the podium he wanted to ask a question of Mr. Cairns. Commissioner Quill said this site plan lays out as Neighborhood Commercial without access and it's hard to make changes when they weren't intended from the beginning, but that being said, he asked Mr. Cairns if he thought the residents of the neighborhood would like to have access to the center. Mr. Cairns said yes they would and gave an example of trying to get to a business across Jefferson. Commissioner Quill said he wanted to have a resident's point of view because sometimes the residents don't want access because they think it would be problematic. He just wanted Mr. Cairns' point of view. Mr. Cairns was in favor of accessibility to the project. Chairman Alderson called on Mr. Sklepko, Project Engineer, D.R.C., 800 S. Rochester Avenue, Suite C, Ontario, CA 91761. He has been the civil engineer on the project and could answer any questions on the site. Commissioner Quill said the building pad elevation for OSH is at 49-feet. The houses near it looked like they're roughly four feet lower. Could conceivably the building pad heights come down some in relation to the adjacent property in order to reduce the overall elevation of the height. Mr. Sklepko said, on the south and west, they are really matching grade. They have some slope differential on the south side. They are actually slightly lower than the face of the wall. He was not sure if it was 4-feet throughout the plan. Commissioner Quill commented on how he arrived at the four -foot difference. Mr. Sklepko looked at the conceptual grading plan and confirmed the four foot difference. He went over the various grades in the project and said drainage was going into the southeast corner of the site therefore he does not have the ability to lower the grade and still provide drainage. Commissioner Quill said, in general, commercial sites on corners are lower. Chairman Alderson asked if it was safe to say they designed the site to balance. Mr. Sklepko said there would be an export of 9200 cubic feet. They would be increasing the export. Chairman Alderson asked about the export in the driveways. Commissioner Quill asked if the grade could be lowered and still maintain the drainage patterns needed to get back towards the retention basins. It would be helpful to lower the grades so the building pads were in better relationship to the adjacent residential development. Mr. Sklepko said possibly they could make some minor adjustments, but no dramatic changes. W Planning Commission Minutes April 8, 2008 Chairman Alderson commented on the storm drain, as well as the overflow into the retention basin on the west and south sides. Mr. Sklepko explained where the basins were and their usage. Chairman Alderson asked if there are three retention basins including an underground collection site. Mr. Sklepko aid the underground facility was closer to Jefferson. Chairman Alderson asked Mr. Sklepko to re -address the grading issue and see what could be done about providing some better grading to satisfy Commissioner Quill. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson asked if the applicant was going to close off one of the driveways to correct the cross -traffic problems. Chairman Alderson said the applicant needed to re -address the driveway and the entry so the two drives could be placed further west. Commissioner Wilkinson said he was not as concerned with the side accesses on the north, but with the one on the south. Chairman Alderson asked if the Commission could rely on that being worked out with staff. Planning Director Johnson suggested they make a recommended condition to eliminate the driveway access on the south side. He did not think it would be a circulation problem. Commissioner Quill commented that not too much attention had been paid to the drug store and enhancing their elevations. He said he personally liked the original elevation and would leave it up to the staff to maintain the current elevation. He would not be open to making any changes on the elevations. Commissioner Quill did say he would like to add a condition to require pedestrian access and highly recommended that a study be done to look at adding access to this site from the residential community. Planning Director Johnson said staff would be happy to work with the applicant to do that. Commissioner Quill added that about two years there was a recommendation made to the Planning Commission and there were some concerns made about safety issues. He would welcome checking with 530 10 Planning Commission Minutes April 8, 2008 the police chief and involve the Community Services Department in providing linkage from the park. Commissioner Quill suggested a third condition, if anything could be done to the southwest corner elevation area, that it be dropped down somewhat in relationship to the residential development. Commissioner Quill said another condition would be to study the lighting issues. Also the addition or modification on trees in accordance with Mr. Cairns' concerns on the type of trees should be imposed. Commissioner Quill added the Commission requested modifying the application not to approve the OSH building, but just the pad. Chairman Alderson re -stated the conditions as Commissioner Quill presented them and added the OSH site would now be approved just as a commercial/retail pad not to exceed the square footage noted. He also added he had a concern with the color palette. He felt there should be an accent color to "jump out" at you. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-011 approving Specific Plan 2002-062, Amendment No. 2, as recommended. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2008-012 approving Site Development Permit 2007-898 as recommended with the following amendments: a. The last line of Condition 15 B. 1) a) be changed to read: The applicant shall pay to the City of La Quinta their fair share prior to the issuance of the building permit. b. Condition 61 to read: Trees adjacent to the south property line shall be "clean" trees (free of excessive leaf debris). An additional two trees shall be planted adjacent to the south property line next to the retention basin. 531 11 Planning Commission Minutes April 8, 2008 C. Condition 73 to read: Approved accessible on -site super fire hydrant(s) (6x4 2-1/2 x 2-1/2) Minimum number of 3 hydrants with 450 feet spacing between. The maximum distance from any point on street or road frontage to a hydrant shall be 225 feet. Fire hydrants shall provide the required fire flow. d. Condition 105 added to read: This approval does not constitute approval to subdivide the property. e. Condition 106 added to read: Finish grades near the southwest corner of the project site shall be lowered, if deemed feasible by the City. f. Condition 107 added to read: Adequate parking lot and security lighting shall be provided throughout the project site. 9. Condition 108 added to read: If deemed feasible by the City, direct pedestrian access shall be provided between the park/retention basin to the west and the project. h. Condition 109 added to read: The drive aisle adjacent to the north side of Pad A leading to the driveway entry on Jefferson Street closest to Fred Waring Drive shall be closed. Resulting parking spaces in that closed access area shall be designed to provide acceptable back-up provisions. i. Condition 110 added to read: The pads with drive -through lanes shall not be used for restaurants. Condition 111 added to read: The "OSH" space is hereby not approved for development. It is an unspecified vacant retail pad of a maximum 42,500 square feet. Development of this pad area requires approval of a Site Development Permit application. ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioners Barrows and Engle. ABSTAIN: None. VII. BUSINESS ITEMS: Discussion of the April 1 " City Council meeting: Chairman Alderson gave an overview of what happened at the meeting. The meeting was about the Eden Rock project and it was continued to the April 15" meeting. Chairman Alderson talked about the Development Agreement and asked Planning Director Les Johnson to explain what the problem was with the Development Agreement. 532 12 Planning Commission Minutes April 8, 2008 Staff added the need to establish a traffic signal at Avenue 54 and Jefferson Street and the fact that staff will be presenting detailed information (traffic study) on the signal at the next meeting. There followed discussion on the timing and funding of the signal. Vill. CORRESPONDENCE AND WRITTEN MATERIAL: UCR Desert Lyceum 2008 Summit: Planning Director Les Johnson encouraged the Commissioners to attend the April 25" Desert Lyceum Summit. The theme of the Summit is "Energy, Environment, and Economic Change." IX. COMMISSIONER ITEMS: 2008 Planners' Institute — Sacramento ; Chairman Alderson said he had written two thank you letters; one to Senator Jim Battin, and one to Robert Simon (Chairman, Indian Wells Planning Commission) to thank them for a tour of the State Capitol. 2009 Planners' Institute: Planning Director Les Johnson reminded the Commissioners that next year's Planners' Institute will be held in Anaheim and encouraged everyone to attend. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on April 22, 2008. This regular meeting was adjourned at 8:48 p.m. on April 8, 2008. Respectfully submitted, C olyn W er, Executive Secretary City of La Quinta, California 533 13 Department Report: I- t4 0 OF TO: The Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager, Management Services 40 DATE: May 20, 2008 SUBJECT: Department Report — Response to Public Comment The following public comments were made at the May 6, 2008 City Council meeting: 1 . James Vaughn, 2815 Townsgate Road, Suite 330, Westlake Village, reported on status of finalizing the development agreement for Eden Rock. Staff had revised the agreement to incorporate the initial payment and the resale fee as directed by Council at April 15, 2008 meeting and to remove the requirement for annual payment. However, Crown Pointe cannot sign the development agreement because it contains language requiring a rental tracking system by the HOA; their understanding from direction of the Council at the April 15" meeting was that no such additional burden was to be imposed. They asked for this item could be put back on the Agenda for the May 2 oth meeting. Council members Henderson, Kirk and Sniff asked staff to agenclize this item for the May 20, 2008 Council meeting for discussion. 2. Larry Allen, 73848 Cottontail Court, Thousand Palms, wished the City of La Quinta a Happy Birthday on its twenty-sixth anniversary. Council Member Sniff stated Mr. Allen served on the first City Council for four years and is major part of the city's history. 534 MEMORANDUM TO: Honorable Don Adolph and Members of the City Council FROM: M. Katherine Jenson, City Attorney, Joel D. Kuperberg, Rutan & Tucker, LLP DATE: May 20, 2008 RE: Coachella Valley Water District v. City of Indio and Related Cross -Complaint — Riverside Superior Case No. INCO73838 - Potential Impact on City of La Quinta Pursuant to the Council's request made during the May 6, 2008 City Council meeting, the City Attorney's office has coordinated with Councilman Kirk and has obtained information regarding the above referenced litigation. To date, our review of the matter has involved discussions with the attorneys for Indio and CVWD, and reviewing the pleadings. We have been informed diat,the dispute originated when CVWD filed suit against Indio challenging an Indio land use approval on the ground that insufficient water supplies were available to support the development. However, the litigation as it relates to water rights and water management started in January 2008 as a garden-variety complaint by CVWD against Indio for failure to pay groundwater Replenishment Assessments C'RA") imposed by CVVvM upon all persons or entities that extract certain threshold amounts of groundwater water ("groundwater producers") within CVWD's boundaries. In April 2008, Indio filed a Cross - Complaint, challenging CVArD's legal authority to impose the RA upon Indio, and asserting water rights against CVWD (and, at least by implication, against all other groundwater producers in the basin). By way of background, CVWD adopted an RA based on a per -acre -feet -pumped formula, and imposed the same on all groundwater producers that pump more than 25 acre-feet per year. The RA is authorized by the Water Code, for the purpose of generating funds to replenish or protect groundwater supplies. According to the CVWD Complaint against Indio, Indio failed to pay the RA on production from twenty groundwater wells in 2007. Indio filed a Cross - Complaint against CVWD alleging that CVWD illegally adopted and increased the RA over the years. Indio stopped paying the RA because it determined it did not benefit from the replenishment activities. Indio's Cross -Complaint attacks the RA on its face based upon an alleged failure to comply with either the substantive or procedural requirements of Proposition 218, and on the basis, that the engineer's report supporting the RA was invalid and does not provide sufficient evidence to support the findings required for imposing the RA. Indio also has challenged the RA as applied to Indio, claiming Indio is outside CVWD boundaries and thus not subject to the RA, and that it obtains no benefit from the replenishment efforts. According to CVWD, it has engineering studies that show that the replenishment project (which is carried out by Dike #4 in La Quints, an area with good percolation) does benefit Indio. CVWD believes that the studies show that the replenishment either reverses or arrests the depletion of the basin. Indio apparently wishes to manage its own replenishment. According to CVWD, Indio has no plans for a "9/015610,DO06 925069.02 ZORN= 51e:P401d X 6-Y A#Y 919_7� ZL�1_ Honorable Don Adolph and Members of the City Council May 20,2008 Page 2 recharge project, has no way to acquire the water needed for recharge, and because of its clay soil conditions, has no appropriate site with adequate percolation to conduct replenishment. In addition to the RA challenge, Indio's Cross -Complaint seeks to adjudicate water rights. While Indio's counsel has indicated that the Cross -Complaint does not seek a general adjudication of the basin as between all water producers (which would include La Quinta and all other well owners), the specific allegations of the Cross -Complaint appear in fact to seek an adjudication of the water rights of all persons and entities that produce groundwater from the basin. A "water rights adjudication" is a lawsuit to divide up water rights among producers, and usually results in a court allocation to each producer of a physical quantity (or proportion) of annually available water based upon historical usage, rights in time and the safe yield of the basin. Under an adjudication, the court also usually appoints a "watermastee' (a court -assigned referee who reports to the court) to administer and monitor the allocation of water to each of the groundwater producers. An adjudication would, by necessity, result in the City of La Quinta being brought into the matter since the City's entitlement to use the SilverRock well would be determined. The Cross -Complaint alleges that CVWD routinely challenges Indio land use approvals due to insufficient water, but does not do so for any development in any other jurisdiction within its service area. The Fourth through the Ninth causes of action each relate to water rights. While some of the claims are plead only against CVWD, others are plead again CVWD and 1000 other unnamed parties who are sued fictitiously as Cross -Defendants, "ROES I through 1000." In Paragraph 66 Indio alleges that "the right of any Cross -Defendant is subordinate to the right of Indio..." This cause of action seems to broaden the fight from one between just Indio and CVV*rD to include all water producers. Similarly, the Ninth Cause of Action seeks a "physical solution" which is a term of art for a judicial remedy in an adjudication case where the court treats the estimated long-term annual quantity of available water as a pie, and assigns each producer a slice, so everyone has a locked in quantity (either as absolute number or proportion) of the estimated annual water supply). Indio has requested the appointment of a watermaster for thispurpose. A "physical solution" involving just two of many producers is inconsistent with the concept of water rights adjudication. The other water produces must be allocated part of that same pie. In its role as a customer of CVWD (as opposed to a water producer), the City has at least, some reason to be concerned, due primarily to the uncertainty the litigation has created. While we understand from CVWD that there are no pending requests for Water Supply Assessments or Water Supply Verifications, CVWD has indicated that it may be difficult to obtain such assessments or verifications while this litigation pending. Thus, this litigation could seriously impact large development projects. The thresholds for having to complete the studies is: (1) 500+ dwelling units or hotel rooms, or (2) 500,000 sq. ft. of commercial (or employing 1000 persons), or (3) 250,000 sq. ft. of commercial office space (or employing 1000 persons); or (4) "9/015610-0006 925069.02 a05120/08 Honorable Don Adolph and Members of the City Council May 20,2008 Page 3 650,000 sq. ft. of industrial/manufacturing (or employing 1000); or (5) a project that would create a demand for water equivalent to 500 dwelling units. In terms of triggering development moritoriums for smaller scale projects, that does not seem to be as immediate an issue. Indio is also alleging that the use of Colorado River water for replenishment was degrading the water in the basin below Indio. This appears to be somewhat inconsistent with Indio's argument that that the replenishment was not benefiting the basin under Indio (presumably on the basis that it does not get there). However, if CVWD were enjoined from using Colorado River water for replenishment, it is possible that local water supplies could be impacted. CVWD will be filing a response to the Cross -Complaint this week or next. CVWD may raise as a defense that because Indio is seeking an adjudication of the basin, Indio must sue and join in the lawsuit every person or entity with pumping rights (e.g., failure to name indispensable parties to the litigation). A further update will be provided as this litigation proceeds. cc: Thomas P. Genovese, City Manager 119/015610-0006 925069.02 105120108 DEPARTMENT REPORT: o-A MAY 20 MAY 21 JUNE 2 CITY COUNCIUS UPCOMING EVENTS ICJ SPECIAL RDA MEETING (5:30 P.M.) CITY COUNCIL MEETING (moved from June 3) JUNE 4-7 LEAGUE OF CALIFORNIA CITIES- MAYORICOUNCIL MEMBERS EXECUTIVE FORUM — SQUAW CREEK JUNE 17 CITY COUNCIL MEETING JUNE 19 SPECIAL C17Y COUNCIL MEETING - BUDGET JULY 1 CITY COUNCIL MEETING JULY is CITY COUNCIL MEETING 5 3 5 LA QUINTA CITY COUNCIL MONTHLY CALENDAR May 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 April Jun S M T W T F S S M T W T F S 12:00 PM Mayors Lunch 9:00 AM -4:00 PM SJSR Aid. Mmm-Handerson 1 2 3 4 5 1 2 3 4 5 6 7 46 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 Happy Birthday 20 21 22 23 24 25 26 22 23 24 25 26 27 28 La Ouinta (26th) 27 28 29 30 29 30 4 5 6 7 8 9 10 3:00 PM City Council 10:00 AM ALRC 9:30 AM Animal Campus. Meeting Henderson 11:00 AM CVCC-Sniff 12:00 PM Energy/ Environ.-Sruff 11 12 13 14 15 16 17 IO:OOAMPub.Sfty-Kok 7:OOPMPlanning 9:00 AM RCTC. 3:DO PM Historic Preser- 9:00 AM CVA-Hemdorson 12:00 PM Transp-Kirk Commission Henderson vation Commission Mother's Day 3:00 PM Mms. 4:30 PM Investment Consversancy-Kirk Advaory Board 5:30 PM Community Services Commissum 6:00 PM League. Henderson 18 19 20 21 22 23 24 3:00 PM City Council 10:30 AM Homelessness 9:00 AM LAFCO- Meeting Code Henderson 12:00 PM HCRC-Osborne 5:30 PM Spatial RDA Meeting 25 26 27 28 29 30 31 7:00 PM Planning 12:00 PM Sunlino-Adolph IL Commission 4:00 PM J.Cochran Reg. Airp Osborne Day L— (CITY HALL CLOSED) I I L— I Printed by Calendar Creator Plus on 5/13/2008 Djb LA QUINTA CITY COUNCIL MONTHLY CALENDAR June 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 7 3:00 PM City Council 10:00 AM ALRC Meeting 6:00 PM CVAG Exec. Cana - Adolph League of Cah rnia Cities Mayor & Coun I Member; Executive Foru - Squak Crook 8 9 10 11 12 13 14 10:OOAMPub.Sfty-Kirk TOOPMPlanning 9:00 AM RCTC- 11:00 AM CVCC-Sruff t� 12:00 PM Transp.Kirk cominission Henderson 12:00 PM Enwgyl me 5:30 PM Constainuty Services Constussion 4:30 PM Investusent Advisory Board Enviran.-Sniff Flog Day 6:00 PM Leagm Henderson 15 16 17 18 19 20 21 3:00 PM City Council 10:30 AM Homelessness 2:00 PM ?? Special CC 9:00 AM CVA-Hendffson Meeting Cone. Meeting - Budget Father's Day 12:00 PM HCRC Osborne 3:00 PM Historic Preser. vation Coffwnission 22 23 24 25 26 27 28 10:30 AM RCTC Budget - 7:00 PM Planning 12:00 PM SunliwAdolph 9:00 AM LAFCO- Henderson Convoission Henderson 29 30 6:00 PM Exec Corte, Adolph May July S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 4 5 6 7 8 910 6 7 8 9 10 1112 11 12 13 14 15 16 17 13 14 15 16 17 18 19 18 19 20 21 22 23 24 20 21 - 22 23 24 25 26 25 26 27 28 29 30 31 27 28 29 30 31 Printed by Calendar Creator Plus on 5/13/2008 5 3 7 LA QUINTA CITY COUNCIL MONTHLY CALENDAR July 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday I 3 4 5 June S M T N T F S 3:010 PM City Council Meeting 1� :00 AM ALRC 12:00 PM Mayors Lunch T 9:00 AM - 4:010 PM SJSR MI. Mmt-Handerson 1 2 3 4-5 6 7 8 9 10 11 12 13 14 Independence Day (City 15 18 17 18 19 20 21 Hall Closed) 22 23 24 25 26 27 28 29 30 6 7 8 9 10 11 12 7:00 PM Planning 9:00 AM RCTC 9:30 AM Anirnal Campm Comission Henderson Henderson 4:30 PM Investreent 11:00 AM CVCC-Smff Advisory Board 12:00 PM Energyl Environ.-Sniff 13 14 15 16 17 18 19 I0:00AMPub.Sfty-Kirk 3:110PM City Council 10:30 AM Homlessness 3:00 PM Historic Preser. 9:00 AM CVA-Hendersan 12:00 PM Transp-Kirk Meeting Corte. vation Commission 3:00 PM Mtns. 12:00 PM HCRC Osborne Consversancy-Kirk 5:30 PM Conninnunity Services Conwrission 6:00 PM League - Henderson 20 21 22 23 24 25 26 7:00 PM Planning 12:00 PM Suntine-Adoliph 9:00 AM LAFCO- Comission 4:00 PM J.Cochran Reg. Henderson Airp-Osborne 27 28 29 30 31 10:30 AM RCTC Budget - Henderson August 6:00 PM Exec Code, S M T W T F S Adolph 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 5/13/2008 533 DEPARTMENT REPORT: 041 TO: The Honorable Mayor and Members of the City Council FROW Tom Hartung, Director of Building & Safety—,�� - DATE: May 20, 2008 RE: Department Report - April, 2008 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of April. Also included are Monthly Executive Status Reports for Vista Dunes Courtyard Homes and the Museum Expansion. The statistical summaries depict the following highlights: Year-to-date building permit valuation is $62,297,126 which represents an issuance of 167 building permits in April; Animal Control handled 328 cases through April; Code Compliance initiated 1061 cases through April; Garage sale permits generated $1460 in revenue in April. 539 C M U) E IL co c V. N v 0 0 m 0 0 w m m 0 0 M %D 0 N 0 w w 0 m V 00 %D rl 0 0 M 0 0 0 0 to fo C6 e 6 r,� 6 r,� V'� 6 r'� C4 Lr� LK > r, -e co Ln 00 ro 0 00 0 00 r, 00 m -11 fn N N 00 N v N N m N N m fn 0 to N 0 W 0 V 0 �D W Nl� [U) ul Ln t 00 o 't v r, v 00 LO L M LL m m I It m 0 m N m 94 P% c N im oo Ln -t N N M r4 V 0 Gi -1, Ln 0 N %D 0 ON qt 0 M 4 Ln c4 r, M 04 0 ON W 00 M 0 M P4 m %6 C6 06 Lr� f,� e -Z 6 C6 -Z r, V rn o, Ln t cO -e " %D fo V r, 00 'T 0) 'e OD M 00 Cq 0 > C; Ln, 6 -q:� 6 r� crz N, 0- %0- 00- �q rlj Ln P% %o c4 rr) -v rn ai as 0) m r, 0 (A N %D v m v m 'q- N m N 0 N M M rl N M N r-I c 0 0 0 a% fn -W OD 0% N 1-1 V4 m C; co, kD N m N > Ll� C; -i rN4 ta da to 4 0% 4; U) Ln N L m Ln N oi QEE" 0 > r flo 75 W u 0 e 0 w U- --- U) 0 --- z c Z a 540 loll 0 m" H H H NO I N womo M�Woov w"am AM H omo�v m W�wm NH H m N 0 OMN ov I ��Vw 0� ONOW om NNV MH I vmm mm N v O�m "W�ow""Nv000" lww� mw� M�m N 0 WN"Omwomoom M "mm m ONO w m �O�W�MNWOW WH M�w m�NowmmWNm mm N m w NO I v 1 w mm HN�O�m N V E4 11 H u E. 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C4 m rl C4 m co 0 C4 C4 0 co w 0 c m to N N cq w CO co m FF 7F UF U; -0 C LO W) Cq N cm .4 CD C4 z U w c 0 — uj IL (a IL 03 rj) z 0 U) z lu z 0 z z c w LU w LU iu 1 > z > 0) w IL c .00 2 LU w dr LU iL P.- 4 0 LU 1'- 0 'a LU 'D 'D a 0 'D f CL E 0 'a 2 'o w Lu IL 0, M Lu z w 'C'm 2 'a 2 A2 0 -0 2 a U) 0 a U. -1 0) 2 To 0. Lu 41 a L-uj ) cx 0 .5? a — a 0 a w -i -A z E E Ec' E v E Lu E to 0 1 11, U) 0 0 rn 0 ol 1w a 0 0 o a 93 6W) 0 i 0 0 z g 0 LU LU -1 ra z 2 (a o 5 z m MO 543 J�(ONSTRUCTIONI INC C�ASTR!IYT,,Il,t.'.4��Y,F,','Ii, I - RIF i I I ) , �� `�!! �,%:PkT,1- Glendora Bevertyl-1111s SanClemente LaQuinta Lasvegas Monthly Executive Status Report City of La Quinta Vista Dunes Courtyard Homes Presented to the City of Lo Qulnta: May 5, 2008 For the Month of April, 2008 No negative community related problems/issues reported Installed basketball court striping & basketball hoop Installed temporary Directory Display Board alongside Common Building inside entrance Installed building addressing, unit numbers & main entry "Vista Dunes" sign Installed entrance gate and motor • Installed gate at rear of project adjacent to public park • Installed traffic signage, striping and red curb throughout site • Placed rubberized surface for playground equipment • Filled pool with water & installed handicap lift for pool • Completed planting, DG and irrigation installation and installed sod • Completed installation of cabinetry in Common Building • Completed Maintenance Building, including rollup door installation • Owner punchlisted all units except temporary construction offices (units 79, 80) • Obtained fire department final approval, Health Dept. signoff on pool and Certificate of Occupancy from the City of La Quinta Schedule Performance to Date • Original Completion Date: 9-5-07 • Current Completion Date: 3-6-08 • Substantial Completion: 4-28-08 • Target Occupancy Date: Mid -May, 2008 Budget Pedormance to Date Total Awarded Contract Amount 21,400,000 Contingency 2,500,000 Total Available Budget (Contract Award plus Contingency) 23,900,000 Change Orders To Date (12): 1,024,833 Contingency Used To Date: 1,024,833 Current Cost Commitments (original bid + change orders) 22,42 , Uncommitted Available Budget Remaining 1,475,167 Current Commitments as % of Total Available Budget 93.8% Performance To Date a One lost time accident and worker's compensation claim due to injury occurred 9107 Upcoming Month's Priorities/Key Activities (May, 2008) • Continue with measures to achieve LEED certification and Fair Housing Act approval 0 Install permanent Directory Display Board inside entrance • Install backup generator for entrance gate • Install Common Building rooftop "Vista Dunes" sign • Install carpet in Common Building; install walk -off mats in units • Complete punchlisting corrective work in units, Maintenance Building, Common Building and extedor/site • Begin tenant move -in • Obtain closeout documents and parts for turnover to City/Operator • Finalize costs, release of claims and final payment with contractor 544 6 J�V(ONSTRUCTION' INC Glendora Beverly11111s SanClemente LaQu,nta LasVegas Monthly Executive Status Report City of La Quinta Museum Expansion Presented to the City of La Quinta: May 5, 2008 For the Month of: April, 2008 • State inspection of elevator —passed • RCFD fire marshal signed -off for occupancy • Water fountain feature completed • Exterior/Landscape/MEP punch list walked and generated for G.C. • Interior punch list items are 90% complete • Existing building painted (interior and exterior) I Schedule Performance Project to Date I • Notice to proceed: 6/25/07 (Based on approvals from • Original Construction Completion Date: 4/25/08 • Projected construction completion: 4/15/08 • Closeout: 5/15/08 Budget Performance Project to Date Contract Amount $2,500,000 Contingency $200,000 Total Available Budget (Contract plus Contingency) $2,700,000 Approved Chanqe Orders To Date (30) $168,732 Contingency Used To Date $168,732 �urrent ost Commitments (original bid + change orders) � $2,668,732 !Uncom mitted Available Budget Remaining $31,268 Current Commitments as % of Total Available Budget 98817. safety Performance Project To Date • No lost time or claims due to injuries or safety violations. • No on -site accidents to date. upcoming month's Priorities/Key Activities (May, 2008) 1 0 Landscape features (pots) to be installed (added after contract, in lieu of ADA issue) Commence work on all MEP/landscape/exterior punch list items Commence project closeout procedures New roof to be installed above existing museum building 545 VA DEPARTMENT REPORT! ,57 0 F TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director ip DATE: May 20, 2008 SUBJECT: Community Services Department Report for April 2008 Upcoming events of the Community Services Department for June 2008: June 2 *Ageless Action Amex (Morning Exercise) June 2 Jazzercise Evening, Senior Center June 2 Morning Fitness, Fitness Center June 2 Tae Kwon Do, Senior Center June 2 Zumba, Senior Center June 2 Food Art Profession Knife Handling, Senior Center June 2 Beginning Computers, Senior Center June 3 *Core Circuit for Everyone June 3 *Beginning Tennis June 3 *Watercolor June 3 *Basic Computer June 3 *Microsoft Word (4 classes) June 3 Beginning Guitar, Senior Center June 3 Food Art Vegetable Apeeling, Senior Center June 3 Adobe Elements Basic Course, Senior Center June 3 Beginning Tennis Evening, Fritz Burns Tennis Courts June 4 *Intermediate Tennis June 4 *Mat Pilates June 4 *Sketch & Draw June 4 Intermediate Tennis Evening, Fritz Burns Tennis Courts June 4 Adobe Photoshop Professional Version, Senior Center June 4 Food Art Fruit Art, Senior Center June 4 Microsoft Word, Senior Center June 4 The Nature Depot Walk with the Ancients, Museum June 5 *Social Ballroom Dancing June 5 *Basic Internet June 5 Adobe Elements Basic Course, Senior Center 546 June 5 Dance/Play/Pretend, La Quinta High School June 5 Beginning Ballet, La Quinta High School June 6 *Beginrier On the Ball Training June 6 *Sizzlin' Summer Serenade Evening Dance June 6 *Intermediate On the Ball Training June 6 Temecula Valley Balloon & Wine Festival Excursion June 6 Movies in the Park, Civic Center Campus June 7 Summer Golf Tour Tahquitz Creek Golf Course June 10 *Tai Chi Introduction June 10 *Word Processing June 12 *E-Mail June 14 Summer Golf Tour Classic Club Golf Course June 16 Ballet/Jazz Combo, La Quinta High School June 16 Teen Beginning Ballet, La Quinta High School June 16 Baby Signs Parent Workshop, Museum June 17 Personal Touch Body Sculpting, Senior Center June 17 *Word Processing Level 2 June 17 *Digital Photo June 18 The Nature Depot Hide 'n Seek, Museum June 19 *Salad Days Luncheon June 19 *Files & Folders June 19 *Photo Editing 1 June 21 Summer Golf Tour Indian Springs Golf Course June 23 Sign, Say & Play, Museum June 24 *Photo Editing 2 June 24 Belly Dancing Intermediate, La Quinta High School June 24 *Printshop Publishing 1 June 26 *Printshop Publishing 2 June 26 Belly Dancing Beginners, La Quinta High School June 26 *Photo Editing 3 June 26 Mature Driver Training June 28 Summer Golf Tour Mountain Vista Sun City, San Gorgonio June 30 Food Art Professionals Part 1 , Senior Center *Daytime Senior Center class or activity 547 Community Services Program Report for April 2008 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Leisure Classes Adobe Photo Basic 6 0 6 5 0 Computers Intermediate 9 9 0 4 4 Adobe Photoshop Pro 6 0 6 5 0 Ballet 11 4 7 4 3 Dance, Ray, & Pretend 18 221 -4 4 8 Voiceovers 17 0 17 1 01 Zumba 15 0 15 9 0 Belly Dancing - Beg 10 14 -4 2 4 Belly Dancing - Inter 1 5 -4 4 2 Microsoft Excel 10 15 -5 5 4 Tee Kwon Do 4 4 0 13 12 ITotals 1071 73 341 56 37 2008 2007 2008 2007 Participants Participants Variance I Meetings Meetings Special Events Balboa Park Excursion 0 i 1 0 Community Picnic 1500 1005 5120 1 1 Totals 1,5451 1,0001 5451 2 1 2008 2007 2008 2007 Participants Participants Variance Meetings Meetings Adult Sports & Fitness Open Gym Basketball ill 215 -104 18 12 Fitness Center 605 123 482 26 12 Adult Soccer League 70 160 -90 1 5 Totals 786 498 288 46 29 Recreation Totals 2,4381 1,5711 8671 103 1 67] * Soccer Championship Games only in 2006. 548 Community Services Department Attendance Report for the Month of April 2008 Summary Sheet Program 2008 2007 Variance Sessions Per Month 2008 2007 Leisure Classes 107 82 25 56 46 Special Events 1545 4076 -2531 2 6 Adult Sports/ Fitness 786 498 288 45 29 Senior Center 1535 1338 197 114 104 Total 3,973 5,994 -2,021 217 185 Senior Services Senior Center 361 271 90 11 19 Total 361 271 90 11 19 Sports User Groups La Quinta Park Use AYSO 120 120 0 21 19 LQ Sports & Youth 75 100 -25 181 17 So Cal Xtreme 15 0 15 5 0 Lightning Fastpitch 20 0 20 4 0 Sports Complex LQ Sports & Youth 1200 1100 100 26 25 Facility/Park Rentals Senior Center (Private Party) 800 800 01 5 5 (Church) 300 7r 3,5 -75 4 5 Library Classroom 900 1100 -200 18 22 Civic Center (Private Party) 0 300 -300 0 3 Park Rentals La Quinta Park 200 400 -200 4 8 Fritz Burns Park 01 01 - 01 01 0 ITotal 3,630 4,2951 -6651 1051 104 ITotal Programs 7,9641 10,6601 -2,5961 3331 308 Volunteer Hours REn�ior Center 1 �335� 3081 27 1 Total Volunteer Hours 1 3351 308 27 * 2007 Special Events included all 25th Anniversary Events. 549 Monthly Revenue Report for April 2008 Monthiv Revenue - Facility Rentals 2008 2007 Variance Library 1 $ 380.00 1 $ 8,055.00 1 $ (7,675.00) Senior Center $ 5,147.50 4,175.00 972.50 Parks $ 170.00 $ 780.00 $ (610.00) Sports Fields $ 849.50 $ 240.00 $ 609.50 Monthly Facility Revenue $ 6,647.00 $ 13,250.00 $ (6,f03.00) Monthiv Revenue Senior Center $ 5,882.00 $ 7,507.00 $ (1,625.00) Community Services $ 5,230.00 $ 2,039..00 $ 3,191.00 La Quinta Resident Cards $ 2,�g15!0202 3,�I� . $ 930.00) Fitness Cards $ � g 20.00 $ 135.00 Total Revenue $ 14,182.00 $ 13,411.00 $ 771.00, Revenue Year to Date Facility Revenue $ 53,856.00 $ 80,717.00 $ (26,861 M) Senior Center $ 79,907.50 $ 78,674.00 $ 1,233.50 Community Services $ 56,349.50 $ 43,310.00 $ 13,039.50 La Quinta Resident Cards $ 21,990.00 $ 32,970.60 $ (10,980,00) Fitness Cards $ 5,735.00 $ 2,645.00 $ 3,090.00 Total Revenue to Date $ 217,838.00 $ 238,316.00 $ (20,478.00) *Revenue is lower due to fewer Bridge Lesson classes offered for the WinterlSjonrig, 2007 season, there were only 5 Bridge Lesson classes this season that ended in mid April. Last year, 10 Bridge Lesson classes began in January and ended in May 5 5 0 Senior Center Attendance Senior Center Program Report for April 2008 Participation Particig Variance Meetings Meetings 2008 ZUU1 2008 Senior Activities ACBIL Bridge 477 336 141 5 4 Bridge, Duplicate/Social/Party 361 412 -51 15 16 Welcome Spring Evening Dance 23 0 23 1 0 Monthly Birthday Party 40 35 5 1 1 Monthly Luncheon 89 69 201 1 11 Movie Time 26 40 -14 4 41 Multi-Generationai Talent Show 101 70 31 1 1 Tennis Club 61 0 61 6 0 Senior Activity Total 1178 962 216 34 27 Senior Leisure Classes Arts & Crafts (T-Shirts & Sharing Our Sto 5 0 5. 2 0 Ballroom Dance 17 31 -14 3 4 Bridge Lessons 38 0 38 8 0, Computer Classes 19 22 -3 7 8 Dog Training 5 0 5 3 0 Exercise 44 39 5 13 13 Golden Tones 46 51 -5 5 4 Hatha Yoga 21 2 19 5 1 Hooked on Loops 13 18 -51 4 5 Nutrition Class 4 0 41 1 0 Quilting 36 42 -61 4 4 Sketch & Draw 4 31 -271 4 4 Tai Chi 3 14 -11 5 4 Tap Technique 8 15 -7 4 4 Ukulele Players 43 23 20 4 4 Watercolor 16 27 -11 4 4 Woodcarvers 35 24 11 4 4 Senior Leisure Classes Total 357 339 18 80 63 TOTAL SENIOR PROGRAMS 1535 1301 234 114 90 Senior Services AARP Tax Assistance 36 38 -2 4 4 FIND Food Distribution 174 152 22 4 41 Health Screenings (Skin Cancer, Memory A�essr 29 0 29 3 1 HICAP 4 6 -21 2 2 Legal Consultation 5 6 -11 1 1 Financial Advisement 1 0 1 1 0 Seminars - April (5) 36 0 36 4 0 FREE Class (on the Bell Core Training) 28 0 28 3 0 Volunteers 48 19 29 n1a n/a TOTAL SENIOR SERVICES 361 221 91 11 '�2 SENIOR CENTER TOTAL 18961 1522, 325, 1251 102 2008 2007 Variance Volunteer Hours Senior Center 335 Volunteer Total: 335 Revenue Senior Center Revenue $5,881.80 Revenue Total: $5,881.80 Apr-081 is down due to fewer Bridge Lesson classes offered 308 27 308 27 $7,507.00 -$1,625.20 $7,507.00 -$1,625.20 for the WinterlSpnng 2007 season. -*Revenue *There were only 5 Bridge Lesson Classes this season that ended in mid April. Last year we had 10 Bridge Lesson classes beginning in January and ending in May. 5 5 2 Parks Activities Updates For April 2008 The "Arches" art piece was repainted. The colors that were used are more accurate to the colors used in the City Logo. Last year, an artist was commissioned to add the quail and palm tree elements to the art piece to improve the overall appearance and make it more representative of the City of La Quinta. Several art pieces were professionally cleaned around City Hall. The two pieces at the back entrance to City hall were cleaned and the bases were repainted. The Bronze art pieces in the courtyard were cleaned and waxed. And finally, the "Spirit of La Quinta" fountain was cleaned and waxed once again. Because of the water element, the "Spirit" art piece requires more annual maintenance to protect the bronze. The replacement plaques commemorating the "Spirit of La Quinta" art piece in front of City Hall have been installed. Staff met with two contractors to inspect the tennis courts at Fritz Burns Park. Staff is recommending the resurfacing two tennis courts which will be presented as a component of the next fiscal year operating budget. Staff received an assessment of the Sports Fields at the Sports Complex from PRZ Sports Turf Consulting. This assessment is a component of the La Quinta Sports Complex Needs Analysis and Rehabilitation Plan being conducted by Community Works. PRZ is recognized as an industry leader in sports field evaluations. Their analysis compares the field usage with maintenance levels and provides recommendations based on these factors as well as the climate, turf type, soil conditions, and sports and school usage periods. This analysis will be presented along with the proposed Rehabilitation Plan to the Community Services Commission once Community Works has completed their designs as per their Agreement. One of the slides at Fritz Burns Park was broken due to vandalism. The slide has been removed and the open area on the play feature was secured for safety purposes. A replacement slide has been ordered. The Riverside County Health Department approved the rubber safety surfacing to be used at the interactive water feature. The contractor is now working with the manufacturer to get the material installed in a timely manner to have the water feature open again as soon as possible. Staff will provide a completion date as soon as the information becomes available. 50-3 Recently, Vintage Landscapes (Park Contractor) received their provisional Water Certification through the California Landscape Contractors Association. This Certification is designed to recognize landscape contractors who demonstrate their abilities in water conservation. To receive their full Certification, Vintage must manage an efficient water budget at three parks for one year, followed by a full audit by the California Landscape Contractors Association. Vintage will also be coordinating their efforts with CVWD. Staff will report on the three parks being used for the certification as that information becomes available. 554 Department Report: 444 OF TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Direct 4A DATE: May 20, 2008 Y/ SUBJECT: Department Report for the Month of April 2008 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of April. 555 P:\Monthly Report Folder\2008\APRIL 2008.doc 1 z LLI 20 f- EL ir UJ 00 < cc 0 R �- 0 uj z C14 Lu -j 2 �C- F- CL ir z < z CL LU a_ z 0 F- (D D CL U) E U) LU U) 0 0 LU Cl) U, LU c 0 0 E E E E E E E E E E E E E E E E E Lu z a 3 m 3 3 m 3 3 _j C CL 0 0 w 0 0 w w 0 0 0 0 w w w 0 0 0) r, CY) 0 0 cq cq 0 It 0 0 M (N 0 N (M 0 C14 0 z 0 -i U) u -Z Q uj 4) 0 a. z LU (a 0 a. 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C.) 0.- 0 0 0 (D a) 0 0 0 5 55- 7 m DEPARTMENT REPORT: 9 MEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City Engineer DATE: May 20, 2008 SUBJECT: Public Works Department Report for April 2008 Attached please find the following: 1 . Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks. 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Code Activity 5 Men 4 Men 2 Men 1 Man Total 1000 Policing/inspection 49 149 0 9 207 1001 Pot Hole -Repair/Patching 15 7 0 0 22 1002 Crack/Joint-Repair 0 2 0 0 2 1003 Pavement Marking/Legends 0 1 0 0 1 1004 Pavernent Marking/Striping 0. 0 0 0 0 1005 Curb Painting 0 0 0 7- 0 1006 Other Traffic Controls 2 61 0, 0 63 1007 Curb & Gutter Repair/Const. 0 5 0 0 5 1008 Other Concrete Repairs/Const. 18 7 0 0 25 1009 Street Sign Install (New) 0 7 0 0 7 1010 Street Sign Repair/Maint 48 341 0 0 821 1011 Debris Removal 23 50 0 5 78 1012 Right of Way Maint. 7 51 33 0 91' 1021 CLEAN Catch Basin Inlet/Outlet 55 7 0 0 62 1022 Rondo Channel Outlet/Vault 2 0 0 0 2 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 31 0 3 34 1024 Gutter/Median Sand Removal 0 1 0 0 1 1025 Street Sweeping (Machine) 153 0 0 0 153 1026 Street Sweeping (Hand) 4 0 0 0. 7 1027 Sidewalk/Bike Path Cleaning 2 0 11 1 14 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 15 9 76 1 101 1041 mg/ Weeding, Shrubs & Tree Trimming 92 29, 115 7 243, 1051 lLandscape/Irrigation Contract Managerner 0 1 58 16 75 1052 Lighting/Electrical Contract Management 0 0 0 15, 13 1061 Small Tools Repair/Maint. 0 0 0 01 0 1062 Equipment Repair/Maint. 9 0 0 0 9 1063 Vehicle Repair Maint. 6 15 0 0 21 1081 Trash/Litter/Recycable Removal 0 13 10 0 23 1082 Vandalism Repairs 0 2, 0 0 2. 1083 Graffiti Removal 206 130 8 11 3551 1084 Maint. Yard Building Maint. 7 3 0 0 10 1085 Seminars/Training 4 42 12 37 95 1086 Special Events 0 0 20 0 20 1087 Citizen Complaints/Requests 118 38 0 0 156 1088 Meeting 19 39 12 26 96 1089 Office (Phone, paper work, reports, Misc.) �0 5 49 too .SUBTOTAL 8771 46021 360 180 2174, 1 1091 Over Time 20 30 2 0 52 1094 Jury Duty( 32 32 0 0 64 1095 Sick Leave 42 8 16 12 78 1096 Vacation 36 0 24 8 68 1097 Holiday 0 0 0 0 0 1098 Floating Holiday 16 0 0 0 16 1099 Worker Comp/ Bereavement 0, 0, 0, 0, 0, SUBTOTAL 1461 701 421 201 1 TOTAL HOURS :d--, 0201 8301 4021 2001 1 24521 ITOTAL MILES 1 51031 49981 16811 1681 1 119501 5 G 1 C; 0 0 L: c L) c 0 c cc 0) a) -0 .- 3: .- =; c 0 c 0 c 0 0 (n 0) .0- E :3 :3 m Q) > 0 - 0 - 'a , -00 Q) 0 E m 0 E c 0 m 0 (n CD 0 U m CL m 0 c cm E C CD 6 o) 0 a) u 0 0 'ZI a) U a) F- Fn 0" Q5 0, 'E u cc 0) C C 0) 0 -0 .- Q) .- -0 - M 00 F- 0) C 0 Z = a) U) LF C; LO m c 0 C 00 C: CL = 0 CC u 69) L: (D 00 0 00 LU 0 0 C Q) 0 cc N .- M 70 m (1) 0 0 0 0 0 C14 z 0 'o Q CL L: 0 0 o m C: a) a) 0 m 04 C14 0 w a) - 0- Lj en 0 c 0 m L: 0 (N co 0 C) Z 0 M > Z 3: u -0 c E 0 > > 0 C;, Q) 0 U) co U c C: -ja -0 co CU C CO Q > (o co 0 0 m 0) > 0 CL -0 C: 0) 0 C 0 u �t 2 0 M 0 C 0) 0 L: L) > m 0 C < m C) 0 0 U (D C - u 0 0 U 0 ) c _0 c m (1) C 0 0) x ?: 3: -0 Cl .- U) 00 0 CO C -C M M Q) co CO 75 -0 '0 0 0 0 0 C 0 C 0 0 CN < a 0 , - c m c - .C: CO c c m Q) CO 0 'a u 0) Q) 0) > -0 a) 0 06 LU L) 0 Q) co c t�, -r- C: a) (/) 0) >1 U Co Q) m . -a co > . 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LA 1U1 TA P Oo LICE Served by the Nverside County Sherff s Deparinient Police Department Monthly Report April -- 2008 Preparedfor La Quinta Police Department SIGNIFICANT ACTIVITY REPORT Captain Rodney Vigue Chief of Police (Number in parenthesis denotes number of calls for service that day.) 04/01 Tuesdav (93 1314 hours- Deputy White responded to the 80100 block of Avenue 52 in reference to a theft of a golf cart Witnesses directed Deputy White to the location of the suspect where he was apprehended by Deputy White. Cirilo Vega was positively identified as the subject who stole the golf cart and was arrested for grand theft and parole violation. He was transported and booked into the Indio Jail. 1514 hours — Deputy Knight responded to the 54600 block of Avenida Madero regarding a domestic violence call. Andrea Roach was found to have slapped the victim in the face and stuck him several times in the chest with her fists. Roach was arrested for burglary, domestic assault and child endangerment. Roach was transported to the Indio Jail and booked for the listed charges. 2008 hours — Deputy Russell responded to a traffic collision at Sagebrush and Washington. Agustin Paz was found to have been driving under the influence. Paz was transported to JFK and later to Desert Hospital with unknown, non -life threatening injuries. Deputy Russell will file charges with the District Attorney's Office for DUL 04/02 Wednesday (77) 0816 Hrs- Deputy McAnallen responded to the Village gas station on Avenida Montezuma reference a disturbance. The subject causing the disturbance, Kori Osterhout, was located at the intersection of Ave. Navarro and Avenida Montezuma. A CLETS check of the subject revealed a wan -ant for a domestic violence restraining order violation. After detaining the suspect, a search incident to arrest revealed 27 grains of Marijuana. Osterhout was cited for the possession of marijuana and booked for the warrant at Indio Jail. 04/03 Thursdav (74 0100 hours- La Quinta SET contacted three subjects hiding behind bushes on Calle Madrid and Avenida Cortez. Further investigation revealed the three had just tagged "RUL" on the drainage cannel at the top of the cove. The three were photographed and released pending further follow up with the water district for estimate of damage. The three were identified as Camilo Moreno, Antonio Dumbrique and Nicolas Zarnbriano. 04/04 Fridav (71 0050 hours — Deputies Nakabyashi and Taylor responded to the 77800 block of Calle Tampico in reference to a domestic disturbance. Maria Garton, told them her boyfriend, Edgar Serrano Ramirez, had physically attached her. Ramirez fled before deputies arrived. Based on additional information developed by CpI Ruben Perez, the suspect was located and taken into custody without incident. He was booked into Indio Jail. 04/05 Saturday (69) 0311 hours — Deputy Stillings responded to Eisenhower Medical Center regarding a report of a domestic disturbance that had possibly occurred in the 79600 block of Amalfi. An adult female 35 told him that she had been drinking with her friends and came home at about 12:00 a.m. The next thing she remembers is waking up in the hospital. She thinks that from the time she arrived home until the time she woke up at the hospital she had been sexually assaulted. She later changed her story and insisted that she was not sexually assaulted. She became more uncooperative and refused to submit to a sexual assault kit. She also refused to give consent to search and recover possible evidence at her residence. 0700 hours- Deputy Illera conducted a vehicle check on a vehicle parked in the N/B bicycle lane on Avenida Bermudas and Calle Sonora. Cole Slankard was found sleeping and intoxicated inside his vehicle. Slankard was arrested for public intoxication and booked into the Indio Jail. 1030 hours- Deputy Illera responded to the 78900 block of Highway I I I in reference to theft of seven, reduced pressure backflow preventer valves. Each valve is dedicated to a business within the mail. All loss water service for several hours. Office Depot and the Target store were also victims of backflow preventer valve thefts. A total eleven valves were stolen sometime during the evening or early morning hours. 1946 hours — Deputy Barandas responded to a suspicious circumstance call in the 55200 block of Medalist Dr. Deputy Barandas and SET Deputy Alexander contacted Lauren Brown in the driveway of a residence. Brown was highly intoxicated and vomiting. Brown was transported to the Indio jail and booked for public intoxication. 1953 hours — Deputy Telles responded to the 47800 block of Via Nice in reference to a suicide threat. Deputy Telles contacted a female adult who said she wanted to cut her wrists and never wakeup. She was transported to Riverside Mental Health for evaluation. 04/06 Sunday (61) 0030 hours — La Quinta SET Deputy Hughes contacted Kevin Duval on Calle Ensenada and Eisenhower Dr. and arrested him for public intoxication. Duval was booked into Indio jail. 0336 hours — Deputy Stillings was dispatched to a reckless driver in the area of Washington St. and Ave. 48. Deputy Stillings contacted Matthew Torres and found him in possession of approximately .5 grams of cocaine and approximately 3 grams of marijuana. Torres was arrested for possession of cocaine and marijuana and booked into the Indiojail. 0912 hours- Deputies Donowho and Adams investigated a burglary in the 79400 block of Corporate Center Drive. Based on investigation, it appears that unknown suspect(s) broke the glass pane and entered through the bottom portion. Shoe impressions were located and were photographed. Numerous items of evidence were collected for processing. 04/07 Monday (71) 1945 hours- Deputy Berry responded to the area of Miles and Dune Palms in reference to an adult female lying in the bushes. Deputy Berry contacted Mary Jane Anne Plante and arrested Plante for being under the influence of a controlled substance and possession of marijuana. Plante was transported to Indio Jail and booked. 04/08 Tuesdav (109 1943 hours- Deputy Russell responded to a report of lewd acts with a child in the 54000 block of Avenida Carranza. The reporting party stated that her minor daughter was having sexual relations with a 20-year- old male. The allegations are under investigation. 2330 hours- Deputy Russell responded to traffic collision at the Roundabout located at Avenue 52 and Jefferson. The female driver left on foot W/B on Avenue 52. Marlenne Gastelurn was located and was found to be intoxicated and was arrested for driving under the influence. She was taken to and booked at the Indio jail. 04/09 Wednesdav (79 1131 Hrs- Deputy 1. White was checking the area of Avenue 48 and Jefferson St. in reference to a report of a suspicious vehicle. White saw the vehicle and conducted a vehicle stop. As Deputy White approached the vehicle, he saw a large yellow box in the back seat containing a new Dewalt miter table saw and a Dewalt circular saw on the floorboard of the front passenger seat. None of the three occupants had receipts for the power tools. Believing the tools to be stolen, Sgt Padilla sent deputies to both Home Depot and Lowe's for further follow-up. Lowe's stated they had been the victim of a burglary but had not yet reported it to the police department. Video provided by Lowe's clearly documented the crime. Joseph Melchor, San Martin Lopez and Louie Gutierrez, all of Indio, were arrested for commercial burglary, possession of stolen property and conspiracy. Gutierrez was also on parole for burglary and had a parole violation added to his charges. All three were booked into Indio Jail. 2030 hours: La Quinta SET, following up on the above mentioned case by Deputy 1. White, conducted a parole compliance check in the 46200 block of Arabia St. Indio, at the residence of Louie Gutierrez. During the compliance check, Sgt. Hoyt contacted Fernando Olvera inside the residence. Olvera was arrested for possession of methamphetamine and drug paraphernalia and booked into the Indio jail. No further contraband associated to Gutierrez was located. 04/10 Thursdav (80) 1930 hours — Cpl. Sesser responded to the Citrus Country Club reference a traffic collision. During his investigation, he determined that William Berike was driving his golf cart while under the influence of an alcoholic beverage. Bertke drove his golf cart into the gate near the entrance of the Country Club and was transported to JFK where he was treated for a cut to his forehead. Cpl. Sasser obtained an okay to book and Bertke was taken to the Indio Jail. 2347 hours- Corporal Sasser was dispatched to a 911 call in the 54800 block of Winged Foot Lane in PGA West. Upon arrival Corporal Sasser located three unsecured vehicles in the driveway and the garage door was open. Two golf carts, with five occupants, arrived at the residence and began yelling at Corporal Sasser telling him to leave. Ryan Reeder was arrested for public intoxication. Reeder was transported and booked into Indio Jail. 04/11 Fridav (67 2015 hours- Deputies assigned to La Quinta Police Departments Special Enforcement Team served a property related search warrant in the 52800 block of Avenida Navarro. The search warrant stemmed from an ongoing investigation of forgery and commercial burglaries occurring in the city of La Quinta. Deputies recovered stolen checks, forged checks, methamphetamine, marijuana, and items purchased with money from the forged checks. Jose Rojas, Alfonso Rojas and Alfred Keith were arrested and charged with forgery, possession of stolen property, commercial burglary, and possession of illegal drugs. All three suspects were booked into the Indio jail with bail set at over $ 100,000.00. Cassandra Loutsenhizer was released pending out of custody filing. 0148 hours- Deputy Feldman conducted a vehicle stop at Eisenhower and Washington St. DeputyFeldman arrested the driver, Adolfo Rodriguez Estrada, for driving under the influence of an alcoholic beverage. Estrada was transported and booked at Indio Jail. 04/12 Saturdav (58 1547 hours — La Quinta SET, with the assistance of Coachella CAT, served a property related search wan -ant in the 41700 block of Brownstown, Bermuda Dunes. The search warrant was related to an ongoing investigation into forgery and commercial burglary. No physical evidence was located at the residence. 1735 hours- La Quinta SET, with the assistance of Deputy Willow, Palm Desert Station, and Deputies Anderson and Trublood served a property related search wan -ant in the 22900 block of North Indian Canyon, Palm Springs. The search warrant is related to an investigation of commercial burglary in La Quinta. During the service of the search warrant William Kochersperger, fled out the back window and attempted to flee. Deputy Willow caught up to Kochersperger who was arrested without further incident. Deputies contacted two male juveniles, ages 16 and 17, inside the residence. A search of the residence revealed no physical evidence to the commercial burglaries, however drug paraphernalia was seized. Kochersperger was transported to the Indio jail and booked for commercial burglary, possession of stolen property, possession of suspected methamphetamine. Kochersperger was also booked for a felony warrant for attempt robbery. Criminal filings on the juveniles will be forwarded to the courts for review. 1907 hours- La Quints SET served a property related search warrant in the 60 100 block of Overture Dr., Palm Springs. No related physical evidence to the La Quinta commercial burglaries was seized. 1930 hours- Deputy Fiebig responded to the 44300 block of Villeta Drive and arrested Phillip Sena, for a felony warrant for insurance fraud. Sena was booked at the Indio jail. 04/13 Sunday (66) 0330 Hours — La Quinta deputies responded to the Silverhawk Apartments in reference to a report of multiple subjects fighting within the complex. One assault victim was located. The victim, Alejandro Carrasco, was highly intoxicated and uncooperative. Carrasco had a small cut above his left eye. Carrasco. was taken into custody for public intoxication and transported to JFK for an okay to book. He was later booked into the Indio Jail for this violation. 18 10 hrs. Cpl. Morton responded to the 51700 block of Eisenhower Dr. regarding a stolen vehicle. Veronica Ruan said that a friend, Guillermo Valencia, had stolen her truck. The only information Roan could provide for Valencia was that he worked at the Desert Sage restaurant in Old Town La Quinta. 1900 hours — Deputy Berry responded to a report of domestic violence at Ave. Bermudas and La Fonda. Emma Cardenas reported that Carlos Meza had punched her several times in the nose. No medical aid needed. At2100 hours, Deputy Berry located Meza in the 56800 block of Desert Cactus, Thermal. Meza was arrested and booked at the Indio jail for domestic battery. 2127 Hours — Deputy Taylor contacted Fabian Aguilar in the 52400 block of Avenida Villa. During a pat - down search of Aguilar, Deputy Taylor located.3 grams of marijuana in his pants pocket. He was issued a citation and released. 04/14 Mondav (95 0805 hours — Deputy Bloomquist responded to an injury traffic collision on Ave. 52 east of Washington St Preliminary investigation revealed Kelly Mason and her two daughters were traveling E/B Ave. 52 when Mason had a seizure, lost control of the vehicle and drove across the center median striking a block wall and a palm tree. Mason was transported to Desert Hospital. The children were transported by their father to JFK Hospital for minor injury to the head and knee. 04/15 Tuesdav (104 0705 hours -- Investigations served a search warrant at an apartment in the 11500 block of Cholla Drive, Desert Hot Springs. The search warrant was for the specific purpose of searching for John Faile. Faile was wanted for an arrest wan -ant for a home invasion robbery that occurred on March 12 in La Quinta. Faile was located, arrested and was booked at the Indio jail. 04/16 Wednesday (77) 1100 hours — Deputy Heffley arrested Scott Jackson for an active misdemeanor DUI warrant inside the Mountain View Country Club. Jackson was transported and booked into the Indio Jail. 04/17 Thursday (68) 1800 hours- La Quinta SET served a property related search warrant in the 46200 block of Arabia St., Indio. The search warrant was related to a commercial burglary in La Quinta. Deputies did not locate any additional evidence, however learned of where property had been pawned. 2305 hours — La Quinta SET contacted Olwaldo Diaz in the 51900 lock of Eisenhower Dr. Diaz was arrested for commercial burglary, passing fictitious checks and possession of stolen property related to an ongoing investigation. Diaz was booked into the Indio jail. 04/18 Friday (64) 1540 hours — Deputy Bawdon responded to Best Buy regarding a theft. Gonzalio Roberto Hernandez Rodriguez was arrested and booked for commercial burglary. 1818 hours - Deputy Celaya arrested Jamie Garcia Camacho for being a felon in possession of a firearm and a parole violation in the 529400 block of Avenida Navarro. 1935 hours — Deputy Alexander arrested Oscar Loustaunim for possession of methamphetamine following a bicycle check at Avenue 52 and Bermudas. 04/19 Saturday (64) 02 10 hours — Deputy Lopez contacted Peter Rodriguez and Enrique Valencia as they were siphoning gas from a vehicle and placing it into their vehicle. Valencia had 1.5 grains of marijuana, 39 ecstasy pills and 1.4 grams of meth on his person. Rodriguez had.4 grams of cocaine he had concealed under the driver's seat. Each party was transported to the Indio Jail and booked. 0800 hours- Dep. Bautista investigated a report of vandalism to a vehicle in the 78200 block of Winter Cove Ct. in La Quinta. Slurs were spray painted on a vehicle and wall in front of the location. 2135 hours- Arrested for Public Intoxication was Francisco Rodriguez Jr. in the 78400 block of Hwy I 11. Rodriguez was booked at Indio Jail by Deputy Barandes. 2230 hours- Deputy Telles responded to a domestic dispute call in the 53200 block of Avenida Velasco. Arrested was Erika Villalobos for assaulting her husband. 2319 hours- Deputy Barandes responded to a report of unknown trouble in the 53800 block of Avenue Rubio. David Barrera was arrested for assaulting his wife. 04/20 Sunday (53) 0005 hours- Deputy Reinbolz responded to a report of a drunk driver in the area of Eisenhower and Nogales. The suspect vehicle was stopped at Eisenhower and Nogales. Arrested for driving while intoxicated was DeLaluz Gilbert. 1330 hours- Deputy J.C. Garcia responded to the 51300 block of Avenida Ramirez in reference a report of the violation of a restraining order. Agustin Paz was determined to be in violation after he telephoned his ex girlfriend's residence and later was seen in his girlfriend's driveway. Paz was found at his friend's home on Saguaro St. where he was arrested and was transported and booked into the Indio Jail. 04/21 Monday (68) 1805 hours- Deputy Knight responded to a disturbance in the 50700 block of Washington St. While at the location, Lt. Navarro observed a possible DUI driver proceeding westbound on Hwy I 11. Lt Navarro followed the vehicle to Eisenhower Urgent Care. A Hispanic male adult exited the vehicle with a stab wound to the chest and arm. Investigation revealed that the victim had been assaulted at Deputy Knight's location. Deputy Knight subsequently detained the suspect and witness at the scene. A perimeter was established and the scene was secured. The victim was later transported to Desert Hospital for medical treatment. The suspect was identified as Yanira Garcia. 04/22 Tuesday (77) 2053 hours — Deputy Myers contacted William Zamora at Avenida Martinez and Calle Ensenada regarding a disturbance in the area. Zamora was highly intoxicated and transported to the Indio Jail. 04/23 Wednesday (101) 0045 Hrs- Deputy Berry responded to a disturbance in the 48600 block of Washington. She arrested Lincoln Huynh for making criminal threats against a Bower Security Officer. He was taken tojail. 1230 hours — Sgt. Hoyt was flagged down in the area of Hwy I I I and Adams St. reference a subject writing graffiti on an electrical box. Sgt. Hoyt contacted a 17 year old who admitted to writing on the electrical box. Deputy David Alexander responded and the juvenile was transported to La Quinta High School and released to his mother. Charges were filed out of custody. 1435 hours — La Quinta SET Deputy Glasper conducted a traffic stop for expired registration on Dune Palms and Hwy I 11. He contacted Ruben Dominguez and Susan Rios and found them to be in possession of stolen property from a victim out of Palm Desert. Dominguez was booked into the Indio jail for possession of stolen property, violation of formal probation and use of an unauthorized credit card. Rios was booked for violation of formal probation, possession of drug paraphernalia and possession of false identification. 2000 hours — Deputy Samuel Russell contacted and arrested Brian Thomas Hutchinson for DUI at Saguaro and Date Palm. 04/24 Thursday (77) 0321 hours — Deputy Feldman arrested Jesus Mendoza Ayala for a narcotics warrant following a pedestrian check at SR I I I x Simon Dr. 1803 hours — La Quinta SET, with the assistance of Palm Desert Deputies Santos and Mezzie, served property related search warrants in the 81300 block of Palm Wood St. and the 43800 block of Main St., Indio. The warrants were a result of an ongoing investigation by Deputy Adonis Glasper into mail theft and suspected commercial burglaries in both La Quinta and Palm Desert. Deputies arrested Pablo Dominguez for a narcotic warrant. Dominguez was cited and released. 2130 hours- Possession of methamphetarnine. Arrest at Avenida La Fonda and Avenida Bermudas. Arrested was Antonio Bustamante who was booked into Indio Jail. Arrest by Deputy Taylor. 04/25 Friday (90) 1322 hrs- Deputy McAnallen conducted a traffic stop at Washington and Hwy I 11. The driver, Steven Arce, was found to be in possession of Ecstasy and burglary tools. He was arrested for possession of the Ecstasy and the burglary tools and booked into Indio Jail. 1944 hours — Domestic disturbance and assault with a deadly weapon in the 52700 block of Avenida Mendoza. Deputy Feldman contacted and arrested Jose Angel Torres. Torres and his juvenile girl friend had gotten into an argument and he had assaulted her. 2155 hours — La Quinta SET served a property related search warrant in the 78500 block of Villeta Dr. Deputies recovered two rifles, a handgun, and drug paraphernalia. 04/26 Saturday (68) 2025 hours- Driving while intoxicated arrest at Fred Waring and Dune Palms. Suspect was taken into custody after he was involved in a collision at the above location. Arrested was Brian Allen Mock by Deputy Feldman. 04/27 Sunday (81) 1327 hours — Deputy Knight responded to a non -injury traffic collision at Highway I I I and Washington Street. Chad Martin was southbound on Washington Street when a northbound vehicle turning onto westbound Highway 111 and collided with his car. There were no witnesses and both drivers claim to have had the green light. 1539 hours — Cpl. Morton and Deputy Nakabayashi responded to a report of an attempt rape in the area of Monroe and Airport Blvd. A female got into a vehicle with a male. She told him she needed to charge her cell phone but she did not desire a ride. The male began driving away, southbound on Monroe. The female opened her door and jumped from the moving vehicle. The victim was transported to JFK with road rash injuries. 2035 hours- Warrant Service for possession of stolen property was served in the 54800 block of Avenida Juarez. Arrested was Adriana Beltran. She was booked at Indio Jail by Deputy Stockham. 04/28 Monday (74) 1335 hours- Deputies responded to La Quinta Target Store where Loss Prevention Officers had detained two adults for commercial burglary. Deputy Adams arrested Dawn Miller 1746 hours — Deputy Berry responded to the 52700 block of Avenida Vallejo regarding an incorrigible juvenile. A computer check revealed the female juvenile had a felony warrant for vehicle theft. 1935 hours — Deputy Abrego responded to Target regarding a shoplifter in custody. Deputy Abrego arrested Danya Dorset for burglary and a felony warrant from San Bernardino. 04/29 Tuesday (70) No significant Activity 04/30 Wednesday (9-) No Significant Activity TOTAL CALLS FOR SERVICE: 2,297 Deputy Prezel CITY OF LA QUINTA Business District Deputy Report Aptil, 2008 Summary of Activitv Type of Activity Number Business Management Contacts is Investigations 15 Suspects Arrested / Charged 10 SIGNIFICANTACTIVITY I investigated a robbery that occurred at a business in La Quinta. The suspects modus operandi was the same from a commercial burglary that occurred at a different business. The suspect was identified and I authored a search warrant and arrest warrant. I teamed up with La Quinta SET deputies and the search warrant was served at the suspects residence. As a result evidence was collected as well as drug paraphernalia. At this time, the suspect is in custody. I conducted a follow up investigation reference a series of commerical burglaries that occurred on Hwy 111 corridor. The suspect was identified from surveillance video obtained from a business. I authored a search warrant and arrest warrant for the suspect. Working cooperatively with La Quinta SET deputies, the warrants were served and the suspect was arrested at his residence after he attempted to flee. I investigated a vandalism that occurred at a business on Hwy 111. Two suspects entered the business and spray painted the walls in the restroom. Video surveillance was obtained and the suspects identified. I contacted them and they admitted to the vandalism. I submitted my findings to the District Attorney's office for prosecution against the suspects. During the month of April, I patrolled the business district area on a Segway for five hours. I also aftended training at the Ben Clark Training Center and completed a 16 hour course on search warrant preparation and search warrant execution. Deputy Adonis Glasper Deputy Tim White Deputy Ismael Celaya CITY OF LA QUINTA Special Enforcement Team April 2008 SET TEAM Supervising Sgt. Mark Hoyt Summary of Activitv Sgt. Mark Hoyt Deputy David Alexander Deputy Shaun Hughes Type of A Type of Activity Programs 1 Weapo s Recovered 5 Vehicle Checks/Stops 54 Arrest Warrants Served 6 Pedestrian Checks 12 Search Warrants 8 Follow-ups 28 Parole Searches 8 Citations Issued 7 Arrests/Filings 14 SET Team deputies served two search warrants in the City of La Quinta related to an ongoing investigation of commercial burglary and forgery. As a result, deputies recovered stolen checks, forged checks, property purchased with forged checks as well as illegal narcotics. Four La Quinta residents were identified and arrested for possession of stolen property, commercial burglary, identity theft and narcotics violations. SET Team deputies served search warrants in the City of Palm Springs as a result of information developed in the course of a burglary investigation from the City of La Quinta. Deputies were able to identify, locate and arrest three suspects who were charged with commercial burglary and booked into the Indio Jail. Aggressively following -up on information relative to a burglary occurring in the City of La Quinta, SET Team deputies served a search warrant in the City of Indio. Additional information gained through the search warrant led to the identification of a suspect and charges were filed out of custody for commercial burglary. Deputy Kevin Moore La Quinta MS Franklin E.S.. Truman ES Adams ES CITY OF LA QUINTA School Resource Officer Report April 2008 Summary of Activity Type of Activity INumber of Incidents Reports 12 Arrests 1 Bike Patrol Miles 20.8 Business Checks 2 Truant 1 Vehicle Checks 16 Follow-up 2 Pedestrian Checks 11 Y.A.T. Referral 5 District Attorney Filings 1 Home Visits 13 Citations 13 I responded to the Truman E.S. parking lot regarding a report of a suspicious male with a video camera. I located two males who I ordered to leave the property. I attended the city's 26th birthday celebration at Fritz Burns Park and promoted the 2008 student boot camp. I distributed applications to interested parents. I assisted school administration on two occasions in dealing with irate parents. I accompanied Youth Accountability Team (Y.A.T.) officers as they conducted probation home visits. My intent in doing so is to provide safety for the officers, reinforce the Y.A.T. concept and to familiarize myself with the home situation of students. On two separate occasions I transported La Quinta M.S. students to Indio Mental Health for evaluation. I responded to a report of a worker urinating on a wall at the La Quinta Sports Complex as Truman E.S. students were preparing to release for the day. I was unable to locate a suspect, however, I submitted a report to document the incident. Deputy Thomas Hendry Q.�mif LJ 42 Paige M.S. Horizon O.S. CITY OF LA QUINTA School Resource Officer Report April 2008 Summary of Activitv Type of Activity INumber of Incidents Reports 6 Arrests 0 Traffic Stops 2 Business Checks 0 Truant 0 .Vehicle Checks 2 1 Pedestrian hecks 5 IYAT Referral 8 I responded to a report of a mentally disturbed juvenile. The juvenile spoke of feeling very depressed and had self-inflicted wounds on one arm. I transported the juvenile to mental health for a 72-hour evaluation. A student reported the theft of her cell phone and provided information regarding a possible suspect. Investigation led to charges being filed against the suspect. Out of custody charges have been filed against a student at Col. Mitchell Paige M.S. for detonating a "stink bomb" during class. One student was found to be in possession of a knife and a single bullet on school grounds. Charges against the student were filed out of custody. I investigated a report of La Quinta High School students sending improper photo images via cell phone cameras. A third student accessed the photos and further distributed them. Charges have been filed against all three participating students. A Col. Mitchell Paige student was contacted regarding what appeared to be scenario for him to bring a bomb and weapon to school. An interview with the student and a consent search of his home led me to conclude that he was no danger to himself or to others. Deputy Eric Speir La Quinta High School CITY OF LA QUINTA School Resource Officer Report April 2008 Summary of Activitv Type of Activity Number of lncide=nts Criminal Reports 7 Non -Criminal Incidents 5 Arrests 0 District Attorney Filings 7 Y.A.T. Referral 3 Vehicle Checks 1 Pedestdan Checks 3 Follow -Up 2 Truancy 3 One student was found to illegally possess prescription medications. A second student was identified as having sold the medications to the first student. Both students were referred to YAT and charges were filed with the District Attorney's office. A suspect was identified following a fight which resulted in a minor injury. The suspect was referred to YAT and charges were filed with the District Attorney's office. Charges were filed against two students for possession and use of blow guns made of drinking straws with straight pins used as ammunition. Both students were referred to YAT. Thefts of an I -Pod and a cell phone were reported. No suspects were identified. I transported one student to mental health for being a danger to himself. Two students were charged for selling or providing suspected cocaine. One incident took place on campus and the second was off campus. One student was found to be in possession of a diabetic syringe without a prescription. A second student was determined to have provided the syringe. Charges were filed against both students. Two reported runaways were located. CITY OF LA QUINTA Traffic Services Team Report April 2008 Dep. Gaunt Dep. Hefley Dep. Covington Dep. Lushia Cpl. Adams Sgt. Walton SIGNIFICANT ACTIVITY During April, the Traffic Services Team began issuing electronic citations for violations issued within the city of La Quinta. Different from previous years, the Traffic Services Team has provided the collision and citation reports for the month of April that have been generated with the recently developed Crossroads Collision Database program. The Monthly Citation Log provides a comparison over the previous month for citations issued. The report shows 184 citations during April 2008. This represents a 25.2% decrease over the month of March of 2008. However, there have been 992 citations issued year-to-date. This represents an 18.0% increase over the same period of time in 2007. The Monthly Traffic Collision Rego provides a comparison over the previous year for collisions occurring within the city of La Quinta. (Private property collisions are not tracked for analysis.) Officers responded to 21 collisions in April compared to 30 in the previous month of March. Currently, the residents of La Quinta are enjoying a 10.63% collision rate reduction year-to-date 2008 as compared to the same time period 2007. A hypothesis can be drawn from the current citation and collision trends with the city of La Quinta. Simply stated, citations dramatically increased in 2007, a trend that is continuing in 2008, and as a result the collision rate for the city had been steadily declining since January 2007. This decline is being tracked from the year 2000. City of La Quinta La Quinta Police Department Monthly Citation Activity Log April, 2008 Category This Month Last Month % Change This Year To Date Last Year To Date % Change Excessive Speed Citations 30 104 -71.2% 256 247 3.6% Excessive Speed Violations 30 104 -71.2% 256 247 3.6% Signs and Signals Citations 65 38 71.1% 259 259 0.0% Signs and Signals Violations 65 38 71.1% 260 259 0.4% Unsafe Turning Citations 6 4 50.0% 22 53 -58.5% Unsafe Turning Violations 6 4 50.0% 22 53 -58.5% Failure to Yield Citations 3 3 0.0% 9 5 80.0% Failure to Yield Violations 3 3 0.0% 9 5 80.0% Child Restraint Citations 4 2 100.0% 14 12 16.7% Child Restraint Violations 4 2 100.0% 15 12 25.0% Safety Belt Citations 18 41 -56.1% 85 63 34.9% Safety Belt Violations 18 41 -56.1% 85 63 34.9% DUI Cites 6 8 -25.0% 41 0 0.0% DUI Arrests 8 11 -27.3% 44 1 4300.0% Actual DUI 8 11 -27.3% 50 1 4900.0% Other Hazardous Citations 11 15 -26.7% 72 31 132.3% Other Hazardous Violations 76 84 -9.5% 348 189 84.1% Non -Hazardous Citations 21 24 -12.5% 163 118 38.1% Non -Hazardous Violations 79 91 -13.2% 516 336 53.6% Total Hazardous Citations 163 222 -26.6% 829 723 14.7% Total Hazardous Violations 180 233 -22.7% 895 753 18.9% Pedestrian Citations 0 0 0.0% 0 5 -100.0% Pedestrian Violations 0 0 0.0% 0 5 -100.0% Bicycle Citations 0 0 0.0% 0 5 -100.0% Bicycle Violations 0 0 0.0% 0 5 - 10 0. Financial Responsibility 30 34 -11.8% 198 121 63.6% Radar Cites 24 94 -74.5% 229 221 3.6% Parking Cites 0 0 0.0% - 2 2 0.0% Total Hazardous Double Stat 185 265_ -30.2% 928 798 16.3% Total Citation 184 246 -25.2% 992 841 Total Violations 259 324 -20.1% 1411 1089 City of La Quints La Quinta Police Departiment 6/13/08 Monthly Traffic Collisions Report April 2008 Current Month New YTD Last YTD % Change Total T/C - Public Highway 13 124 149 -16.78% Fatal Collisions 0 1 0 Number Killed 0 1 0 Injury Collisions 5 28 35 -20.00% Number Injured 6 36 56 -35.71% Property Damage 8 95 114 -16.67% Type of Collision Hit & Run 1 13 17 -23.53% Private Property 8 19 11 72.73% Bicycle Collisions 0 4 2 100.00% Number injured - Bicycle Collisions 0 3 1 200.00% Vehicle vs. Pedestrian 0 0 0 Aicohol Involved 2 11 12 -8.33% Reports Taken By 0 Patrol 15 119 89 33.71% Traffic 4 14 39 -64.10% 0 0 DUTY UNKNOWN 0 4 21 -80.95% SRO 0 0 2 100.00% Target Team 0 0 9 100.00% TOTALREPORTS 21 143 160 -10.63% Counter Reports % DUI Arrests Investigations Assigned Last YTD This YTD Closed Open Hit and Run Primary Collision Factors Number % Total Other improper Driving 6 28.57% Unsafe Speed 5 23.81% Auto R/W Violation 3 14.29% Unsafe Starting or Backing 2 9.52% Driving Under Influence 2 9.52% Unknown 1 4.76% Traffic Signals and Signs 1 4.76% ImproperTurning 1 4.76% CITY OF LA QUINTA mmimiN, Dr^ roma C—rdinator Re ort to April 2008 Thomas Fowler Community Service Officer 11 Summary of Activitv Type of Activity Number Crime Prevention Articles and Reports 5 Community Programs 4 Community Meetings Attended 2 C.P.T.E.D. Inspections 2 Neighborhood Watch Meetings 5 ,Patrol Duties 10 Hrs. Significant Activity 1. Hosted approximately one hundred students from Ben Franklin E.S. for a field trip at the La Quinta Community Policing Office. Students were able to sit in a police car, inspect the Citizens on Patrol Vehicle, "check out'a real police bicycle and have their photograph taken with Motorcycle Officer Wiggs. This was the second group of students from Ben Franklin to visit the Community Policing Office. 2. Joining with members of the Citizens on Patrol program, School Resource Officer Moore and Business District Deputy Burgie I coordinated the participation of the La Quinta Police Department at the City of La Quinta's 26th birthday celebration and community picnic. CITY OF LA QUINTA Community Service Officer Report April 2008 C.S.O. Monica Santillanes C.S.O. Tina Ayon Summa of Activity Type of Activity Number of Incidents Burglary Investigations 3 Grand Theft Reports 8 Petty Theft Reports 4 Vandalism/Malicious Mischief Reports 4 Traffic Collision Response 10 Vehicle Code or Parking Citations I Abandoned Vehicles Tagged/Warning 8 Towed Vehicles 4 Lost or Found Property Reports 7 Stolen Vehicle Report 0 Custodial / Non -Custodial Transport 21 Miscellaneous Calls 41 Danese Maldonado Volunteer Coordinator CITY OF LA QUINTA Citizens On Patrol Community Policing Office Monthly Volunteer Report April 2008 Meet Your Volunteers -- Mr. Paul Lemke Having his son serve as a deputy sheriff, in another state, has allowed Paul Lemke to have a sense of understanding and appreciation for the officers who serve the City of La Quinta. Paul is a member of the of the very first Citizens on Patrol training class and graduating in July of 2006. Paul has donated 230 hours of community service and has assisted with patrol duties, community events, safety fairs, crime scene perimeter and the La Quinta Art Festival. Paul is currently assisting in developing the first La Quinta Police Department Volunteers website. Summary of Activitv Comm�j�Policing Office IF—N—um—EW7 Citizens On Patrol umber Monthly Volunteer Hours 182 Community Events 1 Hours YTD 634 Business Checks 68 Hours 4/03 to Present 13,880 Traffic Control 0 CPO Monthly Visits 116 Courtesv Notifications 58 CPO YTD Visits 478 Miscellaneous Activity 1 CPO Visits 4/03 to Present 9,878 Neighborhood Patrol Vacation Checks 37 1patrol t ours L i 78 7T — D Patrol Hours 359 1 Hours 7/06 to Present 1 1,804 The established rate for value received for volunteers in the State of California is calculated at $16.24 per hour. The estimated YTD financial benefit to the La Quinta Police Department and the City of La Quinta totals: $4,222.00. Cumulative benefit since 2003: $250,708.00* *Corrected Figure Corporal Andy Gerrard CITY OF LA QUINTA Post 603 Explorer Report April Post 503 Explorer Alex Gonzales 503 member, Alex Gonzales, has earned the Boy Scouts of America coveted rank of "EAGLE U7. It is reported that only 4% of all Boy Scouts earn this recognition. Post 503 leaders, in r of his achievement, presented Alex with the "Eagle / Gold Scout' ribbon to wear on his Forensics training for Post 503 members proved to be a big hit. Explorer Jonathan Delgado said: "The forensics class showed me things I didn't know about like procedures, requirements, earnings and job stories. The main thing I learned is forensics is wrongly portrayed by the CS] program on T) Although some things on the show are true, others are exaggerated. One example is when CSI forensics personnel have to identify a bullet shot by a gun; it only takes abut fifteen minutes. In reality, it takes about a week or two." Post 503 Explorers volunteered to serve as role players for the College of the Desert Public Safety Academy. While acting as role players, Explorers receive actual law enforcement academy scenario training and experience. For information about the Explorer program, please contact Cpl. Andy Gerrard at 760-863-8990. Department Report: LA UNTA POoLICI Served by the Riverside County Sheriffs Department Crime Statistics Summary March -- 2008 Preparedfor PART 1: 4 8 9 10 11 12 13 TRAFFIC CITY OF LA QUINTA Crime Comparison -- March CRIME March March YTD 2008 YTD 2007 2008 2007 AGGRAVATED ASSAULTS 7 4 16 9 BURGLARY 47 59 148 133 BURGLARY - VEHICLE 19 15 76 44 DOMESTIC VIOLENCE 15 12 44 29 HOMICIDE 1 0 1 0 NARCOTICS VIOLATIONS 13 25 50 73 ROBBERY 7 7 11 8 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 4 3 7 6 SEX CRIME MISDEMEANOR 1 4 2 9 SIMPLE ASSAULTS 8 11 21 25 THEFT 77 62 215 186 VEHICLE THEFT 8 15 35 39 TRAFFIC CITATIONS 306 221 980 934 TIC NON -INJURY 25 43 90 115 DUI 13 13 44 39 TIC INJURY 7 9 21 30 TIC FATAL 1 0 1 0 CITY OF LA QUINTA DISPATCH INFORMATION - MARCH 2008** TYPE OF CALL RESPO E TIME (WNUTES) NUMBER OF INCIDENTS EMERGENCY 2.8 3 ROUTINE 10.08 1,508 ** Data from Riverside Co. Shenfrs Department Data Warehouse, Average Response Time Report. Crime Distribution Table Mar-08 % of Total Mar-07 % of Total 1 AGGRAVATED ASSAULTS 7 3.38% 4 1.87% 2 BURGLARY 47 22.71% 59 27.57% 3 BURGLARY - VEHICLE 19 9.18% 15 7.01% 4 DOMESTIC VIOLENCE 15 7.25% 12 5.61% 5 HOMICIDE 1 0.48% 0 0.00% 61 NARCOTICS VIOLATIONS 13 6.28% 25 11.68% 7 ROBBERY 7 3.38% 4 1.87% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 4 1.93% 3 1.40% 10 SEX CRIME MISDEMEANOR 1 0.48% 4 1.87% 11 SIMPLE ASSAULTS 8 3.86% 11 5.14% 12 THEFT 77 37.20% 62 28.97% 13 VEH THEFT 8 3.86% 15 7.01% �ota�CLE t 2�07 1 96.62% 214 98.13% CITY OF LA QUINTA March 2008 Crime Distribution 90 - 77 80 - 70 - 60 - 47 0 40 30 - 19 13 20 - 1 0 7 7 7 A 8 8 0 > < pa w > < > C) 0 0 > 0 0 0 ;a m C) w C) rn Pa ca M > r- > 0 rT, > > > > > r, m ,t > C) > trj rn t" tv > 0 Month to Month Crime Comparison - Much 90 80 70 59 62-- 0 March 2008 60 - 47 0 Much 2007 50 40 30 —Z-4— ri-I 1, 19 --- 15 - 15- 11 0 —15- 8 — - 20 10 �7 71 4-a -4- M 0 0 0 > > > .2 > �2 > > 250 200 150 100 50 0 Year to Date Crime Compradson - March C) n >= > Month to Month Traffic Actuty Comparison - March 350 306 300 250 200 E3 Mamh 200 7 150 — 'a o March 200 too — 50 43 25 -- 0 17% 13 -r 13 m 7 9 1 0 C� TRAFFIC TIC NON -INJURY out TIC INJURY T/C FATAL CITATIONS Yearto Date Traffic Activity Comparison - March 1200 1000 - 980 934 800 YTD 20,08 600 YTD 200�7 400 - 200 44 39 21 30 1 0 TRAFFIC T/C NON-INJlJRY DU T/C INJURY T/CFATAL CITATIONS Month to Month Calls for Service Comparison March 2008 13 08-War EE 07 = Wr Cr-. Year to Date Calls for Service Comparison 8000 7356 7000 6780 6000 5000 4 WS C, YTD 2008 4000 — 3240 a YTD 2007 3000 — 2905 2000 1000 0 - Total Non -Criminal Criminal Department Report /0 City of La Quinta Fire Department Quarterly Report Presented by: Dorian J. Cooley Battalion Chief �50�\ 444 John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of. Banning A Beaumont Ap Calinresa Canyon Lake Coachella 4. Desert Hot Springs Indian Wells e. Indio A �e Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage Rubdoux CSD San Jacinto Temecula Boud of Supervisors Bob Buster, District I John Tavaglione, District 2 JeffStone, District 3 Roy Wilson, District 4 Marion Ashley, District 5 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue - Perris, California 92570 - (951) 940-6900 - Fax (951) 940-6910 May 9, 2008 Honorable Mayor Adolph and Members of the City Council City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Ref-. Quarterly Report Attached please find the Fire Department Quarterly Report for the City of La Quinta for January I through March 31, 2008. The report depicts the following highlights: Riverside County Fire Department units responded to the following La Quinta Calls: • Medical Aids 547 • False Alarms 87 • Structure Fires 12 • Vegetation Fires I • Rescues (accidents, entrapments) 74 • Other Fires (vehicle, refuse, etc.) 19 • Public Service Assists 41 (Non -emergency assistance) • Fire Menace Standby 10 (Fuel spill, HazMat, gas leak etc.) In addition to the statistical review of first quarter noted above, I am attaching several photo pages — this time primarily covering some of the training activities of our La Quinta staff. Training is a crucial part of not only maintaining a high performance level on emergency incidents, but also ensuring that our activities are done safely. On a County -wide basis, our staff participates in mandatory weekly training assignments. At the local level each month there are specialized training classes sponsored by one of the desert battalions which concentrate on a specific activity or special function. Respectfully Submitted, John R. Hawkins County Fire Chief By: Dorian J. Cooley Battalion Chief el 56,3 La Quinta City Fire Responses Quarter Totals ,al Responses * False Alarms * Structure Fire OVegetation Fires 0 Rescues El Other Fires III Public Service Assists E3 Fire Menace Standby January-07 February-07 March-07 Totals Medical Responses 162 137 175 474 False Alarms 42 33 41 116 Structure Fire 5 2 3 10 Vegetation Fires 0 0 0 0 Rescues 29 30 34 93 Other Fires 10 3 1 9 22 Public Service Assists 17 18 17 52 Fire Menace Standby 1 8 7 5 20 TOTALSI 273 230 284 1 787 5 G 7 M 500 400 300 200 100 D] La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons 02008 M 2007 V V V 01 A% ilk % First Quarter 2008 2007 Medical Responses 547 474 False Alarms 87 116 Structure Fire 12 10 Vegetation Fires 1 0 Rescues 74 93 Other Fires 1 22 jEublic Service Assists 41 52 Fw� i��nace Standby 10 20 1 TOTACS— '791 787 n 0 5/9/2008 5L)i La Quinta Fire personnel look on while an elevator repair technician points out some of the operating features of this elevator cab. Our personnel train to use special tools to release the doors and free trapped parties in the event of system or power failures. Above and Right: Helitack personnel from our Ryan Air Attack Base provide refresher training to staff on helicopter operations. In addition to their water dropping capabilities, our helicopters are capable of inserting rescuers, removing victims and if necessary, transporting to a hospital. 5 6 Personnel inside a "Bum Chamber"observe as a "stoker" loads the fire at the start of class. Personnel are using Infrared Thermal Imaging Cameras (TIC's) as part of a program to teach firefighters to take advantage of their enhanced capabilities during interior fire operations. Above and Right: Various Battalion members have attended the "High -Rise Operations" class being taught this winter and spring. This class allows personnel ftorn firefighter all the way to battalion chief practice their skills in fighting fire within multi -story buildings. The class is being taught at the abandoned military hospital located on March Air Force Base. Because it is slated to be tom down next year, we are able to actually flow water, and use smoke machines to add realism to the exercises. r 411 Personnel responded to this traffic accident in La Quinta. Although rare, fire can occur after a crash. In this case, the occupants were removed to a safe location first. Then, while the paramedic began to assess their injuries, the firefighter initiated extinguishment on the fire. Upon knockdown, a dog was located hiding in the back of the SUV. He was removed from the vehicle and oxygen administration was begun. City Animal control responded quickly to assist — and transported the animal to the veterinarian. All occupants, including the dog recovered. 571 COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Public Hearing on Landscape and Lighting Assessment District 89-1, Fiscal Year 2008/2009 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2008/2009, pursuant to the Engineer's Report (Attachment 1). FISCAL IMPLICATIONS: Adoption of the Resolutions is required in order to levy the annual assessment for the District. The estimated total cost for Fiscal Year 2008/2009 is $2,137,970 for maintenance of public streets, traffic signals, medians, and parkways. Park maintenance costs have been separated from the District costs. The parks maintenance cost is estimated to be $1,480,134 for Fiscal Year 2008/2009 for a total of $3,618,104. The Lighting & Landscape estimated assessment levy is $937,855 and the collection charges by the County are estimated to be $10,000 for a net amount of $927,855. The City proposes the remaining $2,690,249 be funded through a General Fund contribution of $2,472,249 and $218,000 of revenue from CSA 152 in Fiscal Year 2008/2009. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On May 6, 2008, the City Council adopted the following Resolutions: Resolution No. 2008-31, approving the Preliminary Engineer's Report for Fiscal Year 2008/2009 in Connection with Landscape and Lighting Assessment District 89-1. 57 2 Resolution No. 2008-32, declaring intention to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the boundaries of the territory included in the Citywide Landscape and Lighting Assessment District 89-1, and giving notice thereof. The Engineer's Report is required by the Landscape and Lighting Act of 1972 and must include the following information: A description of the services to be provided throughout the District; 2. Total costs necessary to provide all services described in the Engineer's Report; 3. A diagram showing the boundaries of the District, including special benefit zones;and 4. An assessment schedule. The May 6, 2008 Engineer's Report and parcel reconciliation, prepared by MuniFinancial, provided the preliminary information for the Landscape and Lighting District 89-1 for Fiscal Year 2008/2009. The final Engineer's Report and parcel reconciliation is attached. The Engineer's Report projects the following for Fiscal Year 2008/2009 in comparison to the Fiscal Year 2007/2008 Engineer's Report: FY 2007/2008 FY 2008/2009 Citywide benefit zone Yes Yes Number of local benefit zones 6 6 Number of Equivalent Dwelling Units (EDU's) 25,746 26,345 EDU Rate $35.60/EDU $35.60/EDU District Revenue $916,528 $937,855 The actual assessment per equivalent dwelling unit (EDU) has not changed from the previous year. The Engineer's Report was completed in accordance with provisions set forth by Proposition 218, which was passed by the voting public during the November 1996 election. The estimated Fiscal Year 2008/2009 District exempt cost is $2,1137,970. Based on this estimate, the citywide benefit assessment for right-of-way maintenance would be $72.88/EDU. The current assessment is $35.60. Proposition 218 does not allow for assessment increases without a city-wide property owner protest ballot after an engineer's report is prepared which establishes that special benefit is provided by the public improvements. City staff will monitor the progress of existing and future legislation clarifications and/or litigation to determine if a different methodology or 5 -7 13 other finance methods may be utilized in the subsequent fiscal years. The purpose of this Public Meeting/Hearing is to allow affected property owners an opportunity to ask questions of the City Council and staff regarding the District and to provide public testimony regarding any proposed changes. No changes are proposed at this time. Only after the Public Meeting/Hearing has been conducted can the City Council adopt assessment fees for Fiscal Year 2008/2009. Should the City Council receive testimony from the public through the end of the Public Meeting/Hearing that warrants a change to the assessment level, the City Council can lower only the assessment levels without conducting a public vote. A reduction in the assessment level will impact the revenues necessary to fund the proposed Landscape and Lighting operational budget for Fiscal Year 2008/2009. If service levels are not adjusted accordingly, the General Fund would be required to make up the difference between the reduced revenue level and the proposed Landscape and Lighting operational budget. Pursuant to the City Council's direction, staff will continue to investigate possible revenue sources and/or expenditure reductions to reduce the Landscape and Lighting District's burden on the General Fund. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 Adopt a Resolution of the City Council confirming the diagram and assessment for Landscape and Lighting Assessment District 89-1, Fiscal Year 2008/2009, pursuant to the Engineer's Report; or 2. Direct staff to adjust the Engineer's Report to reflect any changes approved by the City Council upon the conclusion of the Public Meeting/Hearing. Should the City Council direct amendments to the Engineer's Report, an amended Engineer's Report and the impacts of the amendments will be submitted to the City Council for approval at the June 2, 2008 City Council meeting. Upon approval, the City Council will adopt a resolution confirming the assessment diagram and assessments for Fiscal Year 2008/2009, pursuant to the modified Engineer's Report. Any reduction in the assessment will result in a reduction of Landscape and Lighting District revenues available for Fiscal Year 2008/2009, requiring one or a combination of the following: Supplement Fiscal Year 2008/2009 revenues with other fund sources, such as the General Fund; and/or 0 Reduce services to reflect the reduced revenue levels; or 57.4 3. Provide staff with alternative direction. Respectfully submitted, 4 Ti ot hy R - j a P.E ic Wo I ctorICity Publ rks D 4re Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Annual Levy Report 5 7( 3 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2008/2009 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed the City Engineer to prepare and file an annual report for Fiscal Year 2008/2009. SECTION 2. The City Engineer filed an annual report on May 6, 2008, and the City Council adopted a Resolution of Intention to Levy and Collect Assessments within Landscape and Lighting Assessment District 89-1 for Fiscal Year 2008/2009 and set a Public Meeting/Hearing date of May 20, 2008 at the La Quinta City Council Chambers, 78-495 Calle Tampico, La Quinta, California. Notice of the Public Meeting/Hearing was given in the time and manner required by law. SECTION 3. On May 20, 2008, a Public Meeting/Hearing for which notice was given, was conducted at which every interested person was given an opportunity to object to the proposed assessment in writing or orally, and the City Council has considered each protest. SECTION 5. On May 20, 2008, the City Council found that written protests against the proposed assessment had not been made by owners representing more than one-half of the area of the land to be assessed. SECTION 6. The City Council hereby confirms the diagram and assessment as set forth in the annual report of the Engineer of Work and hereby levies the assessment set forth for Fiscal Year 2008/2009. 5 7 6 Resolution No. 2007- Landscape and Lighting Assessment District 89-1 Adopted May 1, 2007 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 20" day of May 2008, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINC, CMC, 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 City of La Quinta ENGINEER'S ANNUAL LEVY REPORT Street Lighting and Landscape District No. 89-1 Fiscal Year 2008/2009 Ll Y �() INTENT MEETING: May 6, 2008 PUBLIC HEARING: May 20, 2008 Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 MuniFinancial Office Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix. AZ www.muni.com Orlando, FL Memphis, TN Seattle, WA 573 ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Assessments for the: City of La Quinta Street Lighting and Landscape District No. 89-1 Riverside County, State of California This Report and the enclosed diagrams show the exterior boundaries of the District as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council. Dated this net _ _ day of MuniFinancial Assessment Engineer On Behalf of the City of La Quinta By Adina Vazquez, Senior Pr,)-J(,/c District Administration Services By: Richard Kopecky R. C. E. # 16742 �lj , ),-j_L_ _, 2008. 1, , Y % 1 3 4 2 EXP 5�1 ENGINEER'S REPORT CITY OF LA QUINTA STREET LIGHTING AND LANDSCAPE DISTRICT NO. 89-1 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the _ day of 1 2008 BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the _ day of 2008. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the —day of 2008. BY: Veronica J. Montecino, CMC, City Clerk City of La Quinta Riverside County, California TABLE OF CONTENTS I 1. OVERVIEW ........................................................................................... 1 A. INTRODUCTION ............... . ................................... ........................ .... ....... B. HISTORICAL BACKGROUND AND LEGISLATION ........................................................... 2 DISTRICT 2 11. DESCRIPTION OF THE ...................................................... A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT ................................ 2 B IMPROVEMENTS WITHIN THE DISTRICT ..................................................................... 2 3 Ill. METHOD OF APPORTIONMENT ..................................................... 3 A. GENERAL .................................... ...... .............. .......................... ..................... .. 13. BENEFIT ANALYSIS ......... ... .............................. ....... ................ ........................... 4 5 C. METHODOLOGY ............... . .......................... ................................... ... ................ IV. DISTRICT BUDGETS ........................................................................ 8 A. DESCRIPTION OF BUDGET ITEMS ............. ............................ ......... .................... ... 8 B. 2008/2009 DISTRICT BUDGET ................ ....................... .............. ........ ............... 9 APPENDIX A - DISTRICT ASSESSMENT DIAGRAMS .......................... 12 APPENDIX B - 200812009 ASSESSMENT ROLL ................................... 13 City of La Quitna Fiscal Year 2008/2009 EDgineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Overview A. Introduction The City of La Quinta (the "City") annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the "District"). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the 1972 Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto. This Engineer's Annual Levy Report (the "Report") describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2008/2009. The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number ("AIDN") by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments. Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit. Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the Council may order the levy and collection of assessments for Fiscal Year 2008/2009 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2008/2009. Page I City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape Distnct No. 89-1 B. Historical Background and Legislation The assessments for the District provide a special benefit to the parcels assessed. and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit. This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels. The City Council reviews the current and projected years'costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30. 11. Description of the District A. District Boundaries and Specific Areas of Improvement The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference. B. Improvements Within the District The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows: Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights -of -way, parkways, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights -of -way and easements within the boundaries of the District. AfuniFinancial Pag, , City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and LaDdscape District No. 89-1 Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities. The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this report. Ill. Method of Apportionment General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among a// assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel. Pacc City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 B. Benefit Analysis Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties. Special Benefits The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of well -maintained parks, landscaping and lighting improvements in close proximity to those properties. The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement. The special benefits associated with the parks and landscaping improvements are specifically: • Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties within the District providing a positive representation of the area. • Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping. • Environmental enhancement through improved erosion resistance, and dust and debris control. • Increased sense of pride in ownership of property within the District resulting from well -maintained improvements associated with the properties. • Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District through well -maintained surroundings and amenities. • Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise. Pa�, 4 5 0 "a City of La Quinta Fiscal Year 200S/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 99-1 The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically: 0 Enhanced deterrence of crime — an aid to police protection. • Increased nighttime safety on roads and highways. • Improved visibility of pedestrians and motorists. • Improved ingress and egress to and from property. • Reduced vandalism, damage to improvements or property, and other criminal acts. • Improved traffic circulation and reduced nighttime accidents and personal property loss. • Increased promotion of business during nighttime hours in the case of commercial properties. The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. C. Methodology Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel. The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel. Equivalent Dwelling Units To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties, Each parcel within the District is assigned an Equivalent Dwelling Unit ("EDU") factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed forthe costof those improvements based on theircalculated EDU. The EDU method assessment forthis District uses the Single Family Residential parcel as the basic unit of assessment. A Single Family Residential ("SFR') parcel equals one EDU. Every other land -use is assigned an EDU factor based on an assessment formula that equates the property's specific land -use and relatJive special benefits compared to the Single Family Residential parcel. mm-, V, 11.n. -,I - - 1', ) c, D 5UO City of La Quinta Fiscal Year 2009/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 The EDU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EDU factors applied to that land use and the multiplying factor used to calculate each parcel's individual EDU for each improvement provided in the District. During the formation of the District, a methodology was developed to calculate the EDUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EDUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EDU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EDU as reflected in the Assessment Methodology. FLand Use Exempt Parcels Single Family Residential Parcels Non -Residential Parcels EDU Factor 0.0 1.0 per unit 5.0 per acre; 1,0 minimum Vacant Residential Parcels 0.33-per unit — Vacant Non -Residential Parcels 1 1.65 per acre for first 20 acres only Golf Course Parcels _-0. 50 per acre; 1.0 minimum [,��gricultural Parc - els — 0.25 per acre; 1.0 minimum Hillside Conservative Zone Parcels- 0.10 per acre Vacant & Remote Parcels 0.825 per acre for first 2.0 acres only_ [Rural/Cstate ResidentU 1.0+0.33 per acre in excess I acre Single -Family Residential The City's General Plan allows up to one acre of area for subdivided residential lots. The subdivided single family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EDU. Non -Residential The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre, Therefore, non-residential parcels will be assessed five (5) EDUs per acre with a minimum number per parcel of one (1) EDU. 11_1111 1 1-11, 1� 1-1 — __ ___ Page 6 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 99-1 Vacant Residential Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EDU per parcel. Vacant Non -Residential Parcels not considered single family residential parcels less than one acre, and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EDU per acre or any portion of an acre. The minimum number of EDUs per parcel is one (1) EDU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs. Golf Courses Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Agricultural Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EDU per acre or any portion of an acre. The minimum number per parcel is one (1) EDU. Hillside Conservation Parcels located in areas zoned Hillside Conservation per the City's Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0. 10 EDU per acre or any portion of an acre. Vacant and Remote Non -Residential Parcels (Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non -Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant Non -Residential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non -Residential parcels are assessed a rate of 0.825 EDUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EDU per parcel. 5 J� 3 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 Rural/Estate Residential Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EDU for the first acre and 0.33 EDUs for each additional acre or portion of an acre. Exempt Property Publicly owned property and utility rights -of -way are exempt from assessment. as well as parcels of land shown on the County Assessors records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land. This Report does not propose an increase in the District assessment rates for Fiscal Year 2008/2009 over or above the maximum rate established. The proposed rate per EDU for Fiscal Year 2008/2009 is the same rate assessed for Fiscal Year 2007/2008. The base assessment rate to be approved for Fiscal Year 2008/2009 is $35,60. The maximum assessment rate per EDU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EDU. This equates to total projected assessment revenue of $937,855. The City proposes the remaining $2,680,249 be funded through a General Fund contribution of $2,462,249 and $218,000 of revenue from CSA 152. IV. District Budgets A. Description of Budget Items The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. The following describes the services and costs that are funded through the District, shown in the District Budgets. District Costs Personnel — Reflects relevant City Staff salaries, wages and benefits, and also includes Worker's Comp insurance, Stand -By, and Overtime labor. Contract Services — Includes contracted labor, such as the Riverside County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service. , b � 1 , , I.In, � . � 1.,. Po�c � 5 03 9 City of La Quirda Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 Uniform Rental Services — Reflects funds used for the purpose of uniform rental. Vehicle Operations — Includes the maintenance of fleet vehicles. Utilities — Includes the electric, telephone, and water services. Travel Training & Meetings — Reflects the funds used for the purposes of training and meetings. information Technology — Includes computers, printers, and other related items and services. Operating Supplies — This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti. Operating Supplies and Software — This item reflects the costs of software programs. Small ToolslEguipment— Includes non -capital small tools and equipment. District Administration — The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings. B. 2008/2009 District Budget For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2008/2009 is summarized on the next page in Table 1. Al", 'Ful .... ... 5'j 0 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 Table I Fi�,nal YLar 20ag/2009 Budiciet Fiscal Year 2008109 1 Funmrig_ L & L Assessments I _$8 General Fund -Parks Persomel Salaries -Permanent Full Time Other Benefits & Deductions Goo $ 1 9�_ 80,400 1,100 34,150 $112,900 46,250 Stand By Stand By Overtime Overtime ToWl Personnel 1 S274,400 $1115,2510 $159,150 Contract Services A . nnual Lighting & Landsc - a , pe - Report Civic Center Campus Lake Maintenan ce Landscape Lighting Maintenance Riverside County Tax Roll Admin Fee Citywide Maintenance Contract Maintenance/Repair/Traffic Signals Tree Trimming Janitorial Services SecurinvService-Corporata n ard 1_2 Total Contract Services $15,000 4,000 184,470 6,000 1,307,440 114,000 81500 26,500 350 S1.743,260 $15,000 150,47 () 6,000 860,640 102,50 71,50 - 1.100 $1.207,210 4,000 34,000 446,800 11,500 12.000 26,500 1 250 _$536,050 1 $1,200 Rental Services Uniforms Total Rental Services S1.200 $1,200 $0 $1100 10 Vehicle Facilities Charges Operations Fleet Maintenance Total Vehicle Op ,emt�ions. Ei�ci utilities ric Phone Water Total Utilities -fravet Training $410.560 4962 $415,522 $522,800 500 277.400 $866 00 $1.950 4,962 1 4,962 $391,300 1 1 167,200 0 $410,560 $131,500 500 110.200 1 $558,500 $242,200 1 $950 $1.000 & meetings Information Technology Total Travel Training & Meetings Computers_�r_inter_sand Services - Total Information Technology $1.950 $11,117 $11,117 $950 $5,17 $5,177 $1,000 $5.940 $5,940 Operating Rant Replacement $51,000 $55,000 $6,000 Supplies Graffiti Removal Safety Gear Field Materials 30,000 600 150,000 10,000 400 .100.000 20,000 200 50,000 Total Operating Supplies 1 $241,600 1 $76.200 Small Tools I Non-Caoinal E �pm e int Total SmallTools/Eqj!RMent_l Total _�aridscapp2j� lighting Bi _L ___ District Public Works Admini�trauon Administration Cityw cle Administrabon Total District Administri atin Total Landscape & Ligt1ting Expenditures Less CSA 152 Revenue $250 $250 $3,489,99 9 $43,486 84.619 __1165,400 $2501 $250 $2,058,899 1___ - So- $0 $1.431.1001 49,0$304 $49.034 $1,480,134 $43,486 35.585 $128.105 $3,618J04 $218,000 $79,071 F Less General Fund Canitribution Balance to Levy _____2.462 249 $937,855 1 Total EDU 26,345 Levy Per EDU $35.60 Page 10 591 City of La Courts Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use categories were developed to classify the different land use types in the City. I FY F: FY 2008/2009 County Prior Year Prior Year �Appliecl 2008/2009 FY 2008/2009 Land Use Parcel Count Acres Applied 428.1 i' EDLI Levj 247. .819 _75L_8_ i19 70: EDLI 107 951 Levy 3,842.7 ultural Parcels Exempffamels 2105.00 � 9761.16: _t O.00! O.OQ 000 — 0.0 _ — Golf Course Parcels 297.00 3,552.13: 2 1,881.1 66,967 5�_ ��I 1,8333=.�, 652647 Hillside Conservation Parcels 1 12.00 319 121 31,911 1.135.94 31.911 1.1359 Multi -Family Residential Parcels i- ___ 1 �3800 01 92 871 493.411 OJ 1.878.2C) 0.00 644.06 22,926.4 66,863.9,? 2.489.75' 88,635.1 iNon-Residential Parcels — _L_218 Rurall Estate Parcels 6200 12756 60 45 2,151.60 95.99�___3.417.2 698.899.20 sii Family Residential Parcels 19,206.00 1.841.821 19,632�00 19.20600 683,7336 Vacant/ Remote Parcels 27.001 459.077 370.48� — 13,188.98 27 9,880.4 Vacant Non -Residential Parcels 269.00 706.78! 1068.0(i� 38.021.64 8 ____�7467.1 1,290.511 575.6411 20.479.12 802 561 28.551.E Vacant Residential Parcels Tortal 19.072.6(j) �.6 $916.527.6, 26,344.92 $937,855.1 (1) The difference in the "Balance to Levy" figure in the previous table and the land use classification proposed levy in this table is due to the Riverside County ever penny requirement for each charged parcel For Fiscal Year 2008/2009, there was a 599.27 increase in the total EDU assessed. The difference is due to changes in County Land Use Classifications and development. Page I I 5J2 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No. 89-1 Appendix A — District Assessment Diagrams The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference. The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report. Po,sy 12 City of La Quinta Fiscal Year 2008/2009 Engineer's Annual Levy Report Street Lighting and Landscape District No 89-1 Appendix B — 2008/2009 Assessment Roll Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared. Non -assessable lots or parcels may include government owned land; public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed. A listing of parcels within the District, along with the proposed assessment amounts. has been submitted to the City Clerk and, by reference, is made part of this Report. Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller, and included on the property tax roll in Fiscal Year 2008/2009, If the parcels or APNs within the District and referenced in this Report, are re -numbered, re -apportioned or changed by the County Assessor's Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. lf the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. Page 13 M.,,Fman,ml 5A COUNCIL/RDA MEETING DATE: May 20, 2008 ITEM TITLE: Public Hearing to Consider the Planning Commission's Approval of Tentative Parcel Map 35900 and Village Use Permit 07-039 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: 1� PUBLIC HEARING: C — Adopt a Resolution of the City Council to uphold the Planning Commission's action approving conditions and findings for Tentative Parcel Map 35900 and Village Use Permit 07-039. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: In accordance with La Quinta Municipal Code Section 9.200.120 (Appeals), Mayor Adolph requested of City Council during the May 6, 2008 meeting to call up Tentative Parcel Map 35900 and Village Use Permit 2007-039. Off -site parking along Desert Club Drive and the project's impact on the adjacent residential neighborhood were referenced as items of concern. City Council moved to have the matter considered at the May 20, 2008 meeting. Proposed Project On April 22, 2008, the Planning Commission granted approval of Tentative Parcel Map 35900 (Attachment 1) and Village Use Permit 2007-039 (Attachment 2), to construct 5x Le 2- two, 20 foot 6 inch high, single story, 7,045 square foot commercial office buildings and create three new parcels within the existing 4.97 ± acre Arnold Palmer's Restaurant site. The two proposed desert -contemporary buildings, referred to as "A" and "B," are identical in architectural details and materials, are consistent with the existing restaurant, and are mirrored floor plans to one another. The major difference between the two buildings is the reversed location of the shared restrooms and the location of the individual tenant entrances. Mechanical equipment is located on the rooftop, screened from view within a five foot sunken well. Building "B" overlooks the existing putting green at the rear of the restaurant. Building "A" is situated at the location of the existing golf feature at the northeast corner of Avenue 52 and Desert Club Drive. The applicants intend to utilize the proposed buildings for general business offices, but with the shared parking agreement they may include medical office tenants. A portion of one of the two office buildings will be utilized by the applicant, David Chapman Investments. No other office tenants have been identified. The existing restaurant and two office buildings will utilize an enlarged and reconfigured parking area with a total of 176 parking spaces, four spaces short of the 180 parking spaces required for combined restaurant and general office uses. The project has been conditioned to provide a shared day/night parking program involving a reciprocal parking and access easement on the parcel map and a recorded covenant on the title. As 30% of all general office parking spaces are required to be provided under a trellis or carport structure, the applicants have proposed a minimalist carport structure to be placed at the center of the main parking area. Council Considerations Parking Arnold Palmer's restaurant opens for dinner in the late afternoon with the majority of customers arriving after 6:00 pm. The restaurant provides complimentary valet parking. Due to the current site design of the restaurant, available on -street parking along Desert Club Drive is closer to the restaurant's west facing main entrance than the majority of the available off-street parking area. As the Village Parking Study (2006) identified, those customers who self -park will always choose to park as close to the business entrance as possible. The new site design will improve this situation by providing 29 new parking spaces in front of the restaurant's entrance. As the restaurant also provides valet parking, those vehicles can be parked in the rear parking area to maximize availability near the restaurant entry and reduce the incentive for patrons to park on -street. 5 96 Planning Commission Hearing and Action Following the presentation of the staff report (Attachment 3) and questions of the applicant, Mr. Skip Lench, a resident living adjacent to the project site at 78-215 Calle Cadiz, spoke in favor of the revised project design and discussed the history of the development of the existing restaurant in relation to the adjacent neighborhood (Attachment 4). Mr. Lench referenced an agreement made between the adjacent homeowners and the project applicant to place a deed restriction on the property which would further limit development after the completion of the two office buildings. Mr. Lench requested that the City condition this deed restriction on the subject property in association with the entitlement applications. The Planning Commission discussed the request and consulted the City Attorney, who referenced the potential legal (such as contracting away the City's zoning power through deed restriction) and practical (enforcement and effect on senior or junior financing) difficulties of such a restriction being required of the City and encouraged it to be between Mr. Chapman and the neighbors. The Planning Commission ultimately decided not to impose the condition requested by Mr. Lench. Mr. Lench expressed concerns regarding the outdoor lighting for the project and recommended that all parking lot lighting conditions recommended by staff be included in the approval. Mr. Lench concluded by stating that he was concerned about lighting proposed for the carports but was satisfied with the location of the carports being at the center of the parking lot, away from the adjacent residences. Following discussion of the proposed landscaping, Commissioner Barrows made a motion to approve the project with the condition to replace the turf landscaping on the street corner at Avenue 52 and Desert Club Drive with either desert landscaping or artificial turf to be approved by the Planning Director. The Planning Commission ultimately moved to approve Resolution 2008-13 and Resolution 2008-14, approving Tentative Parcel Map 35900 and Village Use Permit 07-039 by a 4-0 vote. Public Notice This appeal was advertised in The Desert Sun newspaper on May 10, 2008. All property owners within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. As of this writing, no comments have been received. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Uphold the Planning Commission decision of April 22, 2008; or 597 2. Direct staff to prepare a Resolution overturning the decision of the Planning Commission; or 3. Provide staff with alternative direction. Respectfully 4mitted, Planning Director Approved for submission by: 9�-- Attachments: 1 . Tentative Parcel Map 35900 2. Village Use Permit 07-039 3. Planning Commission Staff Report, Resolution, and Conditions of Approval 4. April 22, 2008 Planning Commission Minutes (excerpt) 598 ATTACHMENT 3 STAFF REPORT PLANNING COMMISSION DATE: APRIL 22, 2008 CASE NO: TENTATIVE PARCEL MAP 35900 & VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS PROPERTY OWNER: DAVID CHAPMAN INVESTMENTS, LLC REQUESTS: 1 CONSIDERATION OF THE SUBDIVISION OF ONE PARCEL INTO THREE PARCELS 2) CONSIDERATION OF ARCHITECTURE AND LANDSCAPING PLANS FOR TWO, 7,045 SQUARE FOOT, SINGLE STORY OFFICE BUILDINGS ENGINEER: ESSI ENGINEERING LANDSCAPE ARCHITECT: RGA LANDSCAPE ARCHITECTS LOCATION: NORTHEAST CORNER OF AVENUE 52 & DESERT CLUB DRIVE ENVIRONMENTAL CONSIDERATION: THE LA QUINTA PLANNING DIRECTOR HAS DETERMINED THAT THESE PROJECTS ARE EXEMPT FROM CEQA REVIEW UNDER GUIDELINES SECTION 15332 (INFILL DEVELOPMENT) GENERAL PLAN DESIGNATION: VC (VILLAGE COMMERCIAL) ZONING: VC (VILLAGE COMMERCIAL) SURROUNDING LAND USES: NORTH - VC/ VACANT AND RL/ EXISTING RESIDENTIAL SOUTH - AVENUE 52/ RL/ EXISTING RESIDENTIAL EAST - RL/ RM/ EXISTING RESIDENTIAL WEST - DESERT CLUB DRIVE/ VC/ EXISTING OFFICE BUILDINGS PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf BACKGROUND: The Village Use Permit for the existing Arnold Palmer's Restaurant (VUP 00-004) was originally approved by Planning Commission on January 23, 2001. Palmer's Restaurant has been in operation since 2003 and is located on a 4.97± acre parcel at the northeast corner of Avenue 52 and Desert Club Drive. Palmer's Restaurant is closed for lunch and provides valet parking during operational hours in the evening. On April 11, 2006, the Planning Commission conducted a public hearing and considered a proposal to construct a 13,171 square foot, two-story office building at this site, located on the corner of Avenue 52 and Desert Club Drive. At the hearing, there were a number of concerns presented by residents living in the neighborhood to the north of the project site. The item was continued until May 9, 2006 to allow the applicants to perform a sight -line and view study. Due to neighbors' concerns over building height, scale, and massing, the Planning Commission voted to take the project off -calendar during their May 9, 2006 meeting so that the applicants could revise the two-story building. The application was later withdrawn by the applicant. In preparation of a new application submittal, a neighborhood meeting was held on November 20", 2007 in the La Quinta Library's multi -purpose room, hosted by the project architect to discuss the proposed new office building design. Only one resident attended the two-hour event. Two other residents who were unable to attend later reviewed the plans at the Planning Department. PROPOSAL: Tentative Parcel Map 35900 Request The first portion of this proposal involves the division of the Palmer's Restaurant property into a three -parcel layout (Attachment 1). Parcel 1, the location of the existing restaurant and majority of the parking area, is proposed at 3.37 acres in size. Parcels 2 and 3, the locations of the two proposed office buildings, are 1 acre and .61 acre in size respectively. While the Village Commercial (VC) zoning district has no specific frontage or lot standards, the proposed Tentative Parcel Map accommodates the required Municipal Code standards regarding building setbacks from adjacent zoning and rights -of -way. Parcel 1 follows the existing site plan of Palmer's Restaurant and accommodates the existing porte-cochere, building, and parking. This property line configuration does not conflict with the proposed office buildings, proposed parking, and driveways for the office buildings. Reciprocal access and parking easements for shared parking and access between all parcels have been identified on the plans and are included in the recommended Conditions of Approval which will require the 0 0 0 P:\Reports - M2008\4-22-OSTalmers VUP 07-039 TPM 35900\Staft Report VUP 07-039 TPM 35900.rtf applicant to record a reciprocal access and parking agreement to run with the land in a form and content satisfactory to the City Attorney. This reciprocal access and parking agreement is in the same form as the previous Village Use Permit condition proposed in April of 2006. Office Buildings Proposal The applicant is proposing to construct two, 20 foot 6 inch high, single story, 7,045 square foot commercial office buildings within the existing 4.97± acre Palmer's Restaurant site (Attachment 2). The desert -contemporary buildings, referred to as "A" and "B," have been designed to be consistent with the existing Palmer's Restaurant. The buildings themselves are identical in architectural details and materials and are mirrored floor plans to one another. The major difference between the two buildings is the reversed location of the shared restrooms and individual tenant entrances. Mechanical equipment will be located on the rooftop, screened from view within a 5 foot sunken well. Both buildings will overlook existing golf-themed landscaping features associated with the Arnold Palmer's Restaurant, though the existing golf feature at the corner of Avenue 52 and Desert Club Drive will be revised with a reduction in size. Exterior building finish will consist of cement plaster with a smooth finish complimented by a stack stone fagade which, although not identical, is consistent with the existing restaurant. Portions of the roof overhang will feature stained timbers, designed to match the existing timbers of Palmer's Restaurant. Roofing material will consist of mission -style boosted clay tile. Outdoor lighting fixtures placed on the building will consist of lantern -type fixtures outfitted with a bulb refractor and consistent with the existing restaurant. The applicant has proposed constructing underground stormwater retention chambers placed underneath the parking area. Public Works has reviewed but not approved the final hydrology design, but does not foresee a conflict between the proposed underground retention and the proposed site plan. Setback, Height, and Bulk Regulations The proposed building will meet the Village Commercial District's development standards. The general roofline of both buildings will be 19 feet in height, with the placement of a 6 foot deep center well for HVAC equipment. The roof peaks at the ends of each building will measure 20 feet 6 inches in height. Building A faces the southwestern corner of the project site, generally 105 feet away from the corner of Desert Club Drive and Avenue 52. A 6 inch setback is identified at Building A's closest point to the Desert Club Drive right-of-way, though this west face of the building is not parallel to the street and the setback varies to 6 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf feet due to the building's undulation. Along Avenue 52 the building is 20 feet at its closest point from the right of way, complying with the 20 foot landscaping setback required along this street frontage. The tenant entrances to Building A will be from the interior parking area generally facing northeast. The edge of Palmer's porte-cochere is approximately 75 feet from the closest point of proposed office Building A. The exterior face of Palmer's Restaurant is located approximately 112 feet away from Building A. The existing Palmer's Restaurant is 22 feet in height and has a small second story at the southwest corner used for offices and storage. On the eastern portion of the site, Building B is located 23 feet from Avenue 52 at its closest point. Building B is about 75 feet at its closest point to the existing restaurant and will share a view of the existing golf putting green landscaping feature behind the restaurant. There is an existing landscaped berm along Avenue 52 which screens the rear of the restaurant and will screen a portion of the proposed Building B. The tenant entrances to Building B are on the north face of the building, adjacent to the existing parking lot. In regards to the relationship to the surrounding properties, the two existing Vista De Montaha buildings across the street along Calle Amigo and Desert Club Drive are 34 feet 6 inches at their highest point with setbacks of 5 to 10 feet from the right of way. Plaza De Barcelona, also across from Palmer's Restaurant on Desert Club Drive, has a 2 foot setback from the right-of-way and a roofline 29 feet in height with an architectural cupola at the corner measuring 32 feet in height. The proposed Palmer's offices are architecturally similar to the nearby Vista De Montaha buildings in that they have a similar facade and comparable use of stone veneer. Landscaping Proposal A water -efficient but compatible landscaping theme will be applied around the perimeter of the proposed office buildings. The noted putting green and sand trap features at the corner of Desert Club and Avenue 52 will be retained but redesigned and reduced in size. Building B will share the existing golf landscaping feature opposite from the restaurant's existing patio area. The landscaping plans have identified flagstone pedestrian paths and bench seating outside both buildings. The applicants have identified California Pepper Trees, California Fan Palms, Date Palms, Palo Verdes, Acacia Palo Blancos, and Heritage Live Oaks for the proposed tree species. Shrubs include Bougainvilleas, Desert Spoons, Agaves, Red Yuccas, Pineapple Guavas, and Dwarf Oleanders, among others. Decomposed granite has been proposed for ground cover along the buildings' exterior. All existing landscaped areas which will remain "as is" have not been identified on the landscaping plans. With the addition of the two office buildings, the amount of turf will be reduced and overall water consumption will decrease. 602 PAReports - PCN2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf Parking Management Program The existing Arnold Palmer's Restaurant currently has 152 parking spaces, exceeding their required parking count by 28 parking spaces. With the two office buildings the applicants have proposed a reconfiguration of the parking area, providing a total of 176 parking spaces. With Buildings A and B calculated for general office use, 180 parking spaces are required under the Parking Ordinance to accommodate both the proposed office buildings and the restaurant. Additional parking would be required if any of the proposed office building space were to be used for medical offices. As per LQMC section 9.150.060, thirty percent of the required spaces are to be covered by a trellis or carport structure. The applicants have proposed placing two of the required carports at the center of the existing parking lot, due to current ADA regulations requiring access, rather than at the rear of the site. The applicants are proposing a minimalist styled carport structure painted consistent with the buildings. ANALYSIS: Previous concerns with the original application for the office building focused on mass, scale, and height. Area residents had concerns that the original two-story office building was out of scale with the adjacent neighborhood and was placed too close to Desert Club Drive. With this dual -building, single story proposal, these aspects of the project are not anticipated to be an issue. While the proposed office buildings' architecture has been well designed and readily meets the Village Design Guidelines, it should be noted that the submitted proposal approximates, rather than replicates, the architecture and design of the existing Palmer's Restaurant. The existing stone veneer on the restaurant is more of a random pattern with larger pieces rather than the horizontal flat -stone pattern identified on the proposed buildings. The proposed tile roofing and building materials' aesthetic compatibility was considered by the ALRC and recommended for approval. The proposed site plan will provide 176 parking spaces, 4 spaces short of the required amount for combined restaurant and general office uses. As the Village Commercial Ordinance allows some variation to the parking requirement, and the fact that Palmer's Restaurant is closed during the day when the offices would be in use, the applicants have identified a reciprocal parking and access easement on the parcel map and agreed to enter into a shared day/night parking program. The recommended parking program, as conditioned for both Tentative Parcel Map 35900 and the Village Use Permit, would require a covenant to be put into a 6 J1 3 P:\Reports - PC\2008k4-22-08\Pa1nners VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf recordable instrument and recorded on the title to the property prior to approval of the final tentative map or final occupancy of the buildings if no map is ever recorded. Parcels 2 and 3 would be limited to general office and medical uses during weekday daytime operations when the restaurant is closed. Parcel 1, the existing restaurant, would be limited to standard evening and weekend operations. Should the restaurant wish to open for lunch in the future, a revised parking management program has been recommended in the conditions of approval. Updated traffic and parking studies would be required for submittal with the option of forwarding the request to the Planning Commission. Additional parking and a deceleration lane to accommodate the additional trip counts entering the site from Avenue 52 may be deemed necessary by the required traffic and parking studies. With the Director's approval, the recorded covenants could then be modified to permit lunchtime operations. As the restaurant does not experience substantial business activity until after 5pm, a conflict between vehicles entering and exiting the site is not anticipated. Should future parking issues arise, the valet parking system can be re-evaluated in order to better accommodate the proposed office buildings and to better manage the exchange of vehicles at the end of the business day. With its trademark golf feature at the corner of Avenue 52 and Desert Club Drive, Palmer's has become something of a landmark in La Quinta. The applicant proposes to reduce the size of this golf feature but attempt to retain the same design and character. The conceptual landscaping plans identify an area about the size of a putting green but do not identify sand traps. Although the total landscaped area of the site will be reduced and replaced with more water -efficient groundcover, staff finds the proposed conceptual landscaping to be compatible with the existing golf course -style landscaping. Staff and the ALFIC will review the final design of this golf feature and all landscaping replaced around the proposed buildings with the final landscaping plans. Architecture and Landscape Review Committee (ALRC) Action: On February 6, 2008, the ALFIC reviewed the project landscaping and building architecture (Attachment 3). The Committee discussed the project's relationship to the Village Design Guidelines, pedestrian walkability, and questioned the applicant about integrating features like park benches into the site plan. Following a staff report and discussion, the ALFIC recommended the following provisions: Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, shall be reviewed by the ALFIC and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be 6 3 4 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping and be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. 2. All air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 3. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be fitted with a visor if deemed necessary by staff. 4. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the existing restaurant and proposed office buildings. On a 3-0 vote, the ALRC adopted Minute Motion 2008-009, recommending approval of the proposed project subject to the above provisions. PUBLIC NOTICE AND COMMENT: This case was advertised in the Desert Sun newspaper on April 11, 2008. All property owners within 500-feet of the site were mailed a copy of the public hearing notice as required. Staff transmitted the applicant's request to all responsible public agencies. Three residents who requested special notification were emailed hearing notices and staff reports. No comments from the adjacent residents or other members of the public have been received as of this report's preparation. Any comments from public agencies have been included in the recommended conditions of approval. STATEMENT OF MANDATORY FINDINGS: Based on the provisions of the General Plan, Zoning Code, and the Village at La Quinta Design Guidelines, findings necessary to approve this proposal can be made as noted in the attached Resolutions to be adopted for the project. 5 U-i P:\Reports - PC%2008\4-22-08\PaImers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900.rtf RECOMMENDATION: 1 Adopt Planning Commission Resolution 2008-_, granting approval of Tentative Parcel Map 35900; and, 2. Adopt Planning Commission Resolution 2008-_, granting approval of Village Use Permit 2007-039, subject to conditions as recommended by staf f . Transmitted by: Andrew J. Mogensen Principal Planner Attachments: 1 . Tentative Parcel Map 35900 2. Architectural Packet* 3. Minutes of the February 6, 2008 ALFIC meeting A materials board will be available for viewing at the Planning Commission meeting. 1306 PAReports - PC\2008\4-22-08\Paimers VUP 07-039 TPM 35900\Staff Report VUP 07-039 TPM 35900-rtf PLANNING COMMISSION RESOLUTION 2007-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF ±4.97 ACRES INTO THREE COMMERCIAL PARCELS CASE NO.-. TENTATIVE PARCEL MAP 35900 APPLICANT: DAVID CHAPMAN INVESTMENTS LLC WHEREAS, The Planning Commission of the City of La Quinta, California, did on the 22 Id day of April, 2008, hold a duly noticed Public Hearing to consider the request of David Chapman Investments LLC., for the subdivision of ±4.97 acres into three commercial parcels, located in the Village Commercial District at the northeast corner of Desert Club Drive and Avenue 52 more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.1, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M WHEREAS, said Tentative Parcel Map has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Tentative Parcel Map is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 11 th day of April, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, at said public hearing, the Project materials, staff report, staff presentation, the applicant's presentation, and the testimony and materials submitted by interested persons during the public hearing, did establish the following facts which support a recommendation for approval of Tentative Parcel Map 35900: Finding A — The proposed map is consistent with the City of La Quinta General Plan and Zoning Code. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the City. This 607 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Reso TPM 35900.DOC Planning Commission Resolution 2008-013 Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 project is consistent with the goals, policies and intent of the La Quinta General Plan. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Findjng__q - The design or improvement of the proposed subdivision is consistent with the City of La Quinta General Plan and any applicable specific plans. Infrastructure improvements to serve this project are located in the immediate area and will be extended based on the recommended Conditions of Approval. The private driveways will provide access to all proposed buildings on the site in compliance with City requirements, as prepared. Accommodations for on -site stormwater retention shall be provided both above and below ground. The proposed map is not located within the area of any approved specific plan. Finding C - The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat. The La Quinta Planning Department has determined that this subdivision is exempt from an Environmental Assessment pursuant to the criteria as listed in Section 15315 of the Guidelines to the California Environmental Quality Act, as the project is located within an existing urban in -fill parcel of less than five acres. Finding D - The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Public easements will be retained and required in order to construct any buildings on the proposed lots, ensuring adequate facilities for future development in compliance with Section 13.24.100 of the Subdivision Ordinance. As conditioned, the design of the proposed subdivision and future improvements will not conflict with easements acquired by the public at large, for access through, or use of, property within the proposed parcel map since legal access is provided from Desert Club Drive and Avenue 52. Utility and access easements have been provided for, or are required in the subdivision design. Finding E - The design of the subdivision is consistent with the Village Design Guidelines. J') 8 P:\Reports - PCN2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\Reso TPM 35900,DOC Planning Commission Resolution 2008-013 Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 As conditioned, the design of the subdivision is in accord with the development standards of the Village Commercial District. The project has provided adequate pedestrian and vehicular access and the layout of the site has been designed so as to provide a safe, organized, and accessible path of travel. Finding F — The site is suitable for the development of the project. As conditioned, the proposed design of the subdivision is physically compatible with the site with regard to level topography for the type of land use designation and development of the subject property, and in consideration of existing commercial and residential development in the surrounding area. All three parcels have shared parking and access to each other and a public right-of-way. Finq!n9__g - The design of the subdivision or type of improvements are not likely to cause serious public health problems. As conditioned, the proposed subdivision will not result in any increased hazard or create conditions materially detrimental to public health, safety, or welfare, as the design has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Fin�j� — The project has adequate parking and shared access with the parking management plan. The applicant has identified a reciprocal access and parking easement agreement which commits in perpetuity that Parcels 1, 2, and 3 have reciprocal access and parking easements and a restrictive covenant recorded on the title of each property to ensure that City Parking requirements are complied with during the life of the projects. Based upon these conditions, the Planning Commission finds that the project complies with all required City parking requirements. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case; 1. That the Planning Commission does hereby approve Tentative Parcel Map 35900 for the reasons set forth in this Resolution, subject to the attached Conditions of Approval. Gig P:\Reports - PCX2008\4-22-08\Palmers VUP 07-039 TPM 35900\Reso TPIVI 35900.DOC Planning Commission Resolution 2008-013 Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this 22 nd day of April, 2008, by the following vote, to wit: AYES: Commissioners Quill, Wilkinson, Barrows, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California 13 IL 0 P:�Reports - PC\2008\4-22-08\Palrners VUP 07-039 TPM 35900\Reso TPM 35900.DOC PLANNING COMMISSION RESOLUTION 2008-013 CONDITIONS OF APPROVAL - FINAL TENTATIVE PARCEL MAP 35900 DAVID CHAPMAN INVESTMENTS APRIL 22, 2008 GFNFRAL The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with Village Use Permits 00-004 and 07-039, the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapterl 3 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Tentative Parcel Map shall expire on April 23, 2010, two years after Planning Commission approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: 0 Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) 0 Planning Department 0 Riverside Co. Environmental Health Department 0 Desert Sands Unified School District 0 Coachella Valley Water District (CVWD) 6 - I I 1 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 0 Imperial Irrigation District (11D) California Water Quality Control Board (CWQCB) SunLine Transit Agency 0 South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent CNO]"), prior to the issuance of a grading or site construction permit by the City. 5. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1 ) acre or more of land, or that disturbs less than one (1 ) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including P:\Reports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 2 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 11 Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. 6. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 7. Approval of this Tentative Parcel Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 8. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for 6 -1 P:\Reports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 3 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 9. The applicant shall offer for dedication on the Final Map all public street fights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 10. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS 1 Avenue 52 (Primary Arterial, 110' ROW) — No additional right of way is required from standard 55 feet from the centerline of Avenue 52 for a total 11 0-foot ultimate developed right of way. Additional right of way may be required for deceleration lane/s in the future should there be an expansion of use, determined by a traffic study prepared for the applicant by a licensed traffic engineer as per Engineering Bulletin # 06-13. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 11. Dedications shall include additional widths as necessary for dedicated right (deceleration), bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The 614 P:\Reports - M2008\4-22-08Taimers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 4 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 12. When the City Engineer determines that access rights to the proposed street rights -of -way shown on the approved Tentative Parcel Map are necessary prior to approval of the Final Map dedicating such rights -of -way, the applicant shall grant the necessary rights -of -way within 60 days of a written request by the City. 13. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Avenue 52 (Primary Arterial Type A) - 20-foot from the R/W-P/L. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. Direct vehicular access to Avenue 52 and Desert Club Drive from lots on this Parcel Map is restricted, except for those access points identified on the tentative parcel map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final Parcel map. 16. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 6_15 P:\Reports - M2008\4-22-OSTalmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 5 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 PARKING AND ACCESS EASEMENTS 17. The applicant shall provide for reciprocal access with all parcel owners within this parcel map across all access drives and parking aisles and stalls. 18. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenants, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of the final tentative map. These limitations shall be designated on the approved Final Parcel Map 35900 and shall run with the land and bind successive owners and assigns: A. Parcels 2 and 3 are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 19. Any future modification to the operational covenants or shared parking and access easements shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 20. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Parcel Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. FINAL MAPS 21. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker and acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. P ^ 0 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 6 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 IMPROVEMENT PLANS 22. As used throughout these Conditions of Approval, professional titles such as .engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 23. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 24. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 30' Horizontal (at the discretion of the City Engineer, a Scale of 1 20' shall be provided) B. On -Site Sewer and Water Plan 1 30' Horizontal C. PM 10 Plan 1 40' Horizontal D. SWPPP 1 40' Horizontal E. Off -Site Signing & Striping Plan 1 40' Horizontal NOTE: A through E to be submitted concurrently. F. Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal and 1 " = 4' Vertical Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 7 6 17 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Precise Grading Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 25. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 26. The applicant shall furnish a complete set of the mylars of all improvement plans acceptable to the City Engineer. 27. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 6 18 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 28. Prior to approval of any Final Map, the applicant shall construct all on and off - site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement ("SIA") guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 29. Any Subdivision Improvement Agreement ("SIA") entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Parcel Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 30. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a "Phasing Plan," or an administrative approval (e.g., Site Development Permits), all off -site improvements and common on -site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 9 619 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 31. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off -site improvements at the time, the applicant may be required to: A. Construct certain off -site improvements. B. Construct additional off -site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Parcel map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off -Site Improvements should be completed on a first priority basis. The applicant shall complete all Off -Site Improvements prior to the City providing the Certificate of Occupancy for any building completion. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 32. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on -site and off -site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule adopted by City resolution, or P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 10 6 2) Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 ordinance. For items not listed in the City's unit cost schedule, the proposed unit costs shall be approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11 " reduction of each page of the Final Map, along with a copy of an 8- 1 /2" x 11 " Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant's detailed cost estimates. PRECISE GRADING 33. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 34. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 35. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls). All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 11 621 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 36. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 37. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LOMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet W) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 38. Building pad elevations on the precise grading plan submitted for City Engineer's approval shall conform to pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 39. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. I Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade d I ifferential. 40. Prior to any site grading or regrading that will raise or lower any portion of the 6 t2 2 12 P:\Reports - PC\2008\4-22-08\Paimers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the approved Tentative Parcel Map, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 41. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 42. Stormwater handling shall conform to the approved hydrology and drainage report for Tract No. 28470-1 Lot 90. Nuisance water shall be retained on site disposed of in an approved manner. Nuisance water shall be retained onsite and disposed of via an underground percolation improvement approved by the City Engineer. 43. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, storm water failing on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. It should be noted that the current preliminary hydrology report did not comply with the Engineering Bulletin No. 06-16 stated above. The retention basin is currently under redesign. 44. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and 1 -3 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 13 6L Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 45. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 46. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 47. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 48. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 — Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 49, Storm water may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 50. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. 51. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 52. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 1 13 2A 14 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 UTILITIES 53. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 54. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 55. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. STREET AND TRAFFIC IMPROVEMENTS 56. The applicant shall comply with the provisions of LQMC Sections 13.24-060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 57. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS Avenue 52 (Primary Arterial; 110' R/W): No additional widening is necessary of the existing 43 feet from the centerline of Avenue 52 to the face of curb. The 8" curb face shall be located forty three feet (43') north of the centerline. a) A deceleration/right turn only lane at Avenue 52 Primary PAReports - M2008\4-22-08\0almers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 15 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 Entries may be required for any future expansion of use if determined by a traf f ic study, prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, restriping Class 11 Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 58. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. or the approved equivalents of alternate materials approved by the City Engineer. 59. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 60. General access points and turning movements of traffic are limited to the following: PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc 16G46 Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 A. Avenue 52 Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. 2) Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out is permitted; however, left turn in and out is prohibited. B. Desert Club Drive Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 61. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 62. The design of parking facilities shall conform to LQMC Chapter 9.150 and in particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. 17 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TFM 35900\COA TPM 35900 Final.doc Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 63. The applicant shall design street pavement sections using CalTrans, design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. or the approved equivalents of alternate materials. 64. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 65. improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and 18 6 2 8 PAReports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc Planning Commission Resolution 2008-013 Conditions of Approval - Final Tentative Parcel Map 35900 David Chapman Investments April 22, 2008 sidewalks. 66. improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. CONSTRUCTION 67. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on -site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. MAINTENANCE 68. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 69. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 70. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 71. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 629 19 PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA TPM 35900 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TWO 7,045 SQUARE FOOT OFFICE BUILDINGS WITHIN THE VILLAGE COMMERCIAL DISTRICT CASE NO.: VILLAGE USE PERMIT 2007-039 APPLICANT: PREST VUKSIC ARCHITECTS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 22 od day of April, 2008, hold a duly noticed Public Hearing to consider the request of Prest Vuksic Architects for a Village Use Permit to allow the construction of landscaping and architecture for two 7,045 square foot office buildings on the northeast corner of Avenue 52 and Desert Club Drive more particularly described as: LOT 90 OF TR. 28470-1 AND LOTS 2, 3, AND 4, BLOCK 2, OF DESERT CLUB DRIVE TRACT UNIT NO.11, SOUTH HALF OF SECTION 6, T6S R7E, S.B.M WHEREAS, said Village Use Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Viliage Use Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 11" day of April, 2008, as prescribed by the Munici�al -Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Village Use Permit: Finding A - Consistency with the General Plan: The proposed Village Use Permit is consistent with the General Plan, in that the proposed general office uses are permitted in the General Plan for within the Village Commercial land use designation. The property is designated Village Commercial which allows a variety of uses including office commercial and general business. The Land Use Element of the General Plan encourages commercial developments throughout the 6 35 0 Planning Commission Resolution 2007-014 Village Use Permit 2007-039 Arnold Painters OffiCG Buildings Adopted: April 22, 2008 City, This project is consistent with the goals, policies and intent of the La Quinta General Plan. Finding B - Consistency with the Zoning Code: The proposed Village Use Permit is consistent with the requirements of the Zoning Code, in that it will provide uses consistent with those permitted in the Village Commercial district, and meets the development standards of this district. All plans for buildings will be consistent with the provisions of the Zoning Code in effect at the time building permits are acquired. The development of the project, as conditioned, will be compatible with the surrounding area. Finding C - Compliance with the California Environmental Quality Act: The proposed Village Use Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Infill Development, and a Notice of Exemption will be filed. Finding D - Public Health, Safety, and Welfare: Approval of the proposed Village Use Permit will not create conditions materially neither detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity, insofar as adjacent properties are in the Village Commercial, Low Density Residential, and Medium Density Residential districts. The project will not contribute to a decline of the existing health and safety conditions and has been designed and conditioned to provide safe and adequate paths of travel, appropriate safety and security lighting, and protect and retain on -site stormwater. The project has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, with none identified. Finding E - Architectural Design: The architectural design aspects of the proposed Village Use Permit, including, but not limited to architectural style, scale, building mass, building height, materials, colors, architectural detailing, roof style and other elements are compatible with surrounding development, and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall design quality found in the City in that it incorporates a desert modern theme with architectural features such as clay tile, decorative pavers, 631 Planning Commission Resolution 2007-014 Village Use Permit 2007-039 Arnold Palmers Office Buildings Adopted: April 22, 2008 stone fa(;ades, and stucco painted with a desert compatible palate. Finding F - Site Design: The site design aspects of the proposed Village Use Permit, including, but not limited to project entries, parking provisions, interior circulation, vehicular access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor lighting, and other elements, are compatible with surrounding development and quality of design illustrated in the Village at La Quinta Design Guidelines, and with the overall quality of design found in the City. The proposed project is suitable for the proposed site as designed in that adequate provisions have been made such as rooftop utility wells to screen mechanical equipment, pedestrian connectivity between buildings, landscaping to screen undesirable views, and sufficient vehicular circulation to access and accommodate the intended uses. Finding G - Landscapin Design (Water -Efficient Landscaping), The project landscaping for the proposed Village Use Permit including, but not limited to location, size, type and coverage of plant materials, has been designed to provide visual relief, unify and enhance visual continuity of the site with the surrounding developments, compliment the project and existing restaurant, improve water efficiency, and be consistent with the concepts in the Village at La Quinta Design Guidelines. Finding H - Suitability of the Parking Management Program: With the conditions of approval for the shared parking and access easement agreement and recorded covenant for the shared day -night use of the facility between the office buildings and restaurant, the proposed Village Use Permit will not result in a significant impact on parking and traffic within the project site or the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That it does hereby approve Village Use Permit 2007-039 for the reasons set forth in this Resolution and subject to the attached conditions of approval. 632 Planning Commission Resolution 2007-014 Village Use Permit 2007-039 Arnold Palmers office Buildings Adopted: April 22, 2008 PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 22 nd day of April, 2008 by the following vote, to wit: AYES: Commissioners Quill, Wilkinson, Barrows, and Chairman Alderson NOES: None ABSENT: None ABSTAIN: None ED ALDERSON, Chairman City of La Quinta California ATTEST: LES JOHNSON Planning Director City of La Quinta, California 633 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 GENERAL 1 The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Village Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the developer of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Village Use Permit shall comply with the requirements of the La Quinta Municipal Code, Village Use Permit VUP 00-004, and Tentative Parcel Map 35900. The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This Village Use Permit is valid for two years from the April 22, 2008 date of approval, expiring on April 23, 2010 unless an extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the La Quinta Municipal Code. 4. Prior to the issuance of any permit by the City, the applicant shall obtain the applicable permits and/or clearances from the following agencies: 0 Fire Marshal Public Works Department (Grading Permit, Green Sheet (Public Works Clearance for Building Permit), Improvement Permit) 0 Planning Department 0 Riverside Co. Environmental Health Department 0 Desert Sands Unified School District 0 Coachella Valley Water District (CVWD) a Imperial Irrigation District (11D) 0 California Water Quality Control Board (CWQCB) I 6 3 4 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 SunLine Transit Agency South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, applicant shall furnish proof of such approvals when submitting the improvement plans for City approval. 5. The applicant shall comply with applicable provisions of the City's NPIDES stormwater discharge permit, Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water), LQMC; Riverside County Ordinance No. 457; and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. C. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (8.70.020 (Definitions), LQMC): 1 ) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 6 r 2 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. 7. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, and common areas. 8. The applicant shall offer for dedication all public street right-of-ways in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. A. PUBLIC STREETS Avenue 5 2 (Primary Arterial, 110' ROW) — No additional right of way is required from standard 55 feet from the centerline of 3 636 PAReports - PC\2008\4-22-08\Paimers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Avenue 52 for a total 1 10-foot ultimate developed right of way. Future additional right of way may be required for deceleration lane/s if necessary due to a future expansion of use, to be determined by a traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13.The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. 2) Desert Club Drive (Local Street, 60' ROW) - No additional right of way is required from standard 30 feet from the centerline of Desert Club Drive for a total 60-foot ultimate developed right of way. 9. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 10. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of this Village Use Permit and the date of final acceptance of the on -site and off -site improvements for this Village Use Permit, and as applicable under Tentative Parcel Map No. 35900, unless such easements are approved by the City Engineer. 11. The applicant shall create perimeter landscaped setbacks along all public rights - of -way as follows: a. Avenue 52 (Primary Arterial) — 20 feet from the rig ht-of -way/property line. The setback requirement shall apply to all frontages including, but not limited to, reminder parcels, right-of-way reversions, and sites dedicated for utility purposes. Where public facilities (e.g. sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes. 12. The applicant shall provide for reciprocal access with all parcel owners within this Village Use Permit across all access drives and parking aisles and stalls. 6 3 7 4 PAReports - FC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 13. The applicant and property owner shall submit for review and approval by the City Attorney and Planning Director, the following covenant, which the applicant shall put into a recordable instrument and record on title to the property prior to approval of final occupancy for any building in the event that Parcel Map 35900 is not recorded. These limitations shall run with the land and bind successive owners and assigns: A. Buildings A and B are limited to general professional and medical office uses that are open during normal daytime business hours. No primary uses that are open during nighttime hours on a routine and regular basis shall be permitted. B. Parcel 1 is limited to weekends, weekday evenings, or on special occasions with prior written consent of the City. 14. Any future modification to the operational covenants shall require the applicant to submit a parking and traffic study identifying and demonstrating that sufficient parking and access is available for such increased use. The Planning Director shall approve the modifications prior to recording and have the discretion to defer approval to the Planning Commission. 15. Uses other than general offices and medical offices are not permitted within the proposed office buildings. Any proposed tenant uses which require interpretation shall be reviewed and approved by the Planning Director. 16. The applicant shall comply with all Parking Lots and Access Driveway Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. IMPROVEMENT PLANS 17. As used throughout these Conditions of Approval, professional titles such as " engineer," "surveyor," and "architect" refer to persons currently certified or licensed to practice their respective professions in the State of California. 18. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of Section 13.24.040 (improvement Plans), LQMC- 5 PAReports - PC\2008\4-22-08\Paimers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PRIEST VUKSIC ARCHITECTS APRIL 22, 2008 19. The following improvement plans shall be prepared and submitted for review and approval by the City. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Precise Grading/Storm Drain Plan 1 " 30' Horizontal (at the discretion of the City Engineer, a Scale of 1" 20' shall be provided) B. On -Site Sewer and Water Plan 30' Horizontal C. FM 10 Plan 1 40' Horizontal D. SWPPP 1 40' Horizontal E. off -Site Signing & Striping Plan 1 40' Horizontal NOTE: A through E to be submitted concurrently. F. off -Site Street Improvement/Storm Drain Plan 40' Horizontal and 1" 4' Vertical Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Precise grading plans shall include perimeter walls with Top of Wall, Top of footing, and finish grade (both sides of wall) elevations shown. All footing shall have a minimum of 1 foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility. The assessment must comply with P:\Reports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc 6 6 13 9 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted t the Engineering Department in conjunction with the On -Site Precise Grading Plan when it is submitted for plan checking. On -Site Precise Grading plans shall include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements, and ADA accessible design. 20. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the Online Engineering Library at the City website (www.la-guinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 21. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. At the completion of construction, and prior to the final acceptance of the improvements by the City, the applicant shall update the mylars in order to reflect the as -built conditions. GRADING 22. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements, LQMC. 23. The applicant shall comply with all grading improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 24. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a precise grading permit approved by the City Engineer. 25. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A precise grading plan prepared by a qualified engineer or architect, 640 7 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 B. A preliminary geotechnical ("Soils") report prepared by a qualified engineer, and C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC. D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions submitted with its application for a grading permit. 26. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 27. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor. DRAINAGE 28. The applicant shall comply with all drainage improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 29. Nuisance water shall be retained on site and disposed of in a manner acceptable to the City Engineer. 1 8 641 P:\Reports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 UTILITIES 30. The applicant shall comply with the provisions of Section 13.24.110 (Utilities), LQMC- 31. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 32. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. 33. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 34. The applicant shall comply with all Street and Traffic Improvement conditions as specified in the approval for Tentative Parcel Map No. 35900. In the event that said Tentative Parcel Map is invalidated, those conditions shall continue to be valid and applicable for this Village Use Permit. 35. The applicant shall comply with the provisions of LQMC Sections 13-24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24-100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 36. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS a) A deceleration/right turn only lane at Avenue 52 Primary Entries may be necessary in the event of any future expansion of use, if determined by a traffic study prepared PAReports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc 9 6412 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. The traffic study shall include all buildings (preexisting restaurant and proposed office buildings) as shown on the Tentative Parcel Map 35900. Other improvements in the Avenue 52 right-of-way and/or adjacent landscape setback area may include: b) All appurtenant components such as, but not limited to: strip traffic control striping, re -striping Class 11 Bike Lane, legends, and signs. c) Class I Golf Cart Path as needed. 37. The applicant shall design street pavement sections using CalTrans' design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Local Streets 3.0" a.c./4.5" c.a.b. Primary Arterial 4.5" a.c./6.0" c.a.b. Or the City Engineer approved equivalents of alternate materials. 38. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 39. General access points and turning movements of traffic are limited to the following: A. Avenue 52 Existing drive entrance to Restaurant. Right turn in and out movements are permitted. Left in and out are not permitted. 643 P:\Reports - PC\2008\4-22-08\Paimers VUP 0M39 TPM 35900\COA VUP 2008-039 Final.doc lo 0 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 Existing easterly drive entrance (may be relocated +/- 70 feet east). Right turn in and out are permitted; however, left turns in and out are prohibited. B. Desert Club Drive Primary Entry: Full turn movements are permitted. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 40. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. LANDSCAPE AND IRRIGATION 41. The turf area located at the corner of Desert Club Drive and Avenue 52 shall either be replaced with desert appropriate landscaping or artificial turf, as approved by the Planning Director. 42. The applicant shall comply with Sections 13.24.130 (Landscaping Setbacks), 13.24.140 (Landscaping Plans), & Section 8.13 (Water -Efficient Landscaping), LQMC. 43. The applicant shall provide landscaping in the required setbacks and perimeter areas. 44. Landscape and irrigation plans for landscaped lots, perimeter areas and setbacks shall be signed and stamped by a licensed landscape architect. 45. Final landscaping and irrigation plans shall be prepared by a licensed landscape professional, shall be reviewed by the ALFIC and Public Works Director, and approved by the Planning Director prior to issuance of the first building permit. An application for Final Landscape Plan Check shall be submitted to the Planning Department for final landscape plan review. Said plans shall include all landscaping associated with this project, including perimeter landscaping, and PAReports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc 11 G 141 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 be in compliance with Chapter 8.13 (Water Efficient Landscaping) of the Municipal Code and the Coachella Valley Water District's Landscaping and Irrigation Design Ordinance. The landscape and irrigation plans shall be approved by the Coachella Valley Water District and Riverside County Agriculture Commissioner prior to submittal of the final plans to the Planning Department. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. Note: Final landscaping plans are not approved for construction until approved and signed by the Planning Director. 46. Landscape areas shall have permanent irrigation improvements meeting the requirements of Section 8.13 LQMC. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 47. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5" Edition or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 48. Mechanical equipment shall be screened by a wall, landscaping with significant foliage, or combination of the two, of a sufficient height and/or density to fully screen such equipment. Final design of all screening shall be reviewed and approved by the Planning Director. 49. Should any landscaping utilized for screening purposes be deemed insufficient by the Planning Director following an initial period of growth, the applicant shall replace or provide additional landscaping with significant foliage. OUTDOOR LIGHTING 50. Exterior lighting shall comply with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be re -fitted with a visor if deemed necessary by staff. 12645 P:\Reports - PC\2008\4-22-08\Palmers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 51. All outdoor lighting fixtures shall be fitted with a visor or shield to reflect lighting away from adjacent residences. Final outdoor lighting design shall be reviewed and approved b� the Planning Director. CONSTRUCTION 52. The City will conduct final inspections of buildings only when the buildings have improved street and (if required) sidewalk access to publicly -maintained streets. The improvements shall include but not limited too required traffic control devices, pavement markings and street name signs. If Onsite Street and/or parking construction in commercial development is initially constructed with partial pavement thickness, the applicant shall complete the final pavement prior to final inspections of the building/s within the development or when directed by the City, whichever comes first. 53. All rooftop air conditioning/mechanical equipment shall be completely screened from view within the rooftop well. 54. The design of the carports shall be submitted to, and approved by, the Planning Director and shall be consistent with the design elements of the restaurant and office buildings. MAINTENANCE The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC- 55. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance), LQMC. 56. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. FEES AND DEPOSITS 57. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City 13 4 '0 PAReports - PC\2008\4-22-08\Pa1mers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. FIRE PROTECTION 58. Provide or show there exists a water system capable of delivering a fire flow 4000 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 59. Approved accessible on -site fire hydrants shall be located not to exceed 500 feet apart in any direction and within any portion of the facility or of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access roads measured by an approved route around the complex, exterior of the facility or building, and no portion of a building further than 600 feet from a fire hydrant. Fire hydrants shall provide the required fire flow. 60, Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 61. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. 62. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerlineto the side that the fire hydrant is on, to identify fire hydrant locations. 63. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds PAReports - M2008\4-22-08Talmers VUP 07�039 TPM 35900\COA VUP 2008-039 Final.doc 14 641 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 64. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turn around capabilities of fire apparatus. 65. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 66. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 67. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 68. Install a complete commercial fire sprinkler system (per NFPA 13 1999 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have indicating exterior and/or interior door signs. A C-1 6 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department, 648 15 P:\Reports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA VLJP 2008-039 Final.doc PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 69. Install an alarm monitoring system for fire sprinkler system(s) with 100 or more heads (20 or more in Group 1, Division 1.1 and 1.2 occupancies). Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2001 CBC, Sec. 904.3. 1. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-1 0 licensed contractor must submit plans designed in accordance with NFPA 72, 1999 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 70. Install a portable fire extinguisher, with a minimum rating of 2A-1 OBC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 71. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shutdown gas and /or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 72. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class 1, 11 or IIIA of combustible/flammable liquid shall be used in any amount in the building. 73. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2001 California Building Code. 74. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. PAReports - M2008\4-22-08Talmers VUP 07-039 TPM 35900\COA VUP 2008-039 Finai.doc 16 649 PLANNING COMMISSION RESOLUTION 2008-014 CONDITIONS OF APPROVAL - FINAL VILLAGE USE PERMIT 2007-039 PREST VUKSIC ARCHITECTS APRIL 22, 2008 75. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 76. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Ref CMC 609.0 77. Gate(s) shall be automatic or manual operated. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. POLICE DEPARTMENT 78. The applicant shall provide a fence with locked gate to store all building materials during construction. This area shall be shown on the Fugitive Dust Control Plan. PAReports - PC\2008\4-22-08\Paimers VUP 07-039 TPM 35900\COA VUP 2008-039 Final.doc '17 650 ATTACHMENT 4 Planning Commission Minutes April 22, 2008 VI. PUBLIC HEARINGS: A. Tentative Parcel Map 35900 and Village Use Permit 2007-039; a request of Prest Vuksic Architects for consideration of 1) the Subdivision of one parcel into three parcels and, 2) Architecture and Landscaping Plans for two 7,045 square foot, single -story office buildings located on the northeast corner of Avenue 52 and Desert Club Drive. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andy Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if there were more parking spaces included in this application than the previous one. Principal Planner Mogensen said yes. He stated the applicant has agreed to a shared parking agreement with a Covenant. They were only four spaces short of the spaces required by the Municipal Code if the restaurant and offices were open at the same time. Because they are so close to the limit, Staff has agreed to both office and medical buildings if they have a shared use with a covenant. The restaurant would be permitted to be open during the evening and the office use would be limited to daytime hours only. If the applicants want to add lunchtime operations; at the restaurant, the Conditions of Approval states they would have to come back with a parking study stating those operations would not create a parking problem. The Planning Director would then have to approve the change in order to remove the Covenant. Chairman Alderson asked if the Planning Commission would have an opportunity to review it. Staff said if the Planning Director deemed it was necessary. Currently the applicant is only planning general office, not medical space. Commissioner Quill asked if this was reciprocal parking for the two uses - Staff replied Building A had its own small parking area, which accommodated the weekday operations for offices. Commissioner Barrows noted comments made by the Architecture and Landscaping Review Committee (ALRC) regarding the desert -friendly landscaping; specifically the bench areas. Staff replied the landscaping 551 N Planning Commission Minutes April 22, 2008 plans showed those benches as well as a flat stone walkway. Staff added if you were to walk in from Desert Club Drive there would be some seating outside of the restaurant. Commissioner Barrows said the ALRC asked about walkability and the use of the Village Design Guidelines. She wanted to know if this project met those guidelines. Staff said the features were consistent with the Guidelines. Chairman Alderson asked what was a "minimalist" parking structure. Principal Planner Mogensen said it consisted of a flat roof and no special design features. Chairman Alderson asked if the buildings matched the existing structures. Staff said there was currently no office usage, only the Arnold Palmer Restaurant which had some similar design features. Chairman Alderson asked if the office buildings were mirror images. Staff replied they were similar, but did have mirror image layouts. Chairman Alderson asked what the additional parking requirements would be if the applicant wanted to use these buildings as medical offices. Staff was unsure what the requirements would be if both buildings were designated as medical offices. Staff said the medical office usage was based on square footage and was less than 3,000 square feet, but it would not be substantial because the office buildings were not very large. There could be an additional ten or fifteen spaces required. Chairman Alderson asked about the traffic study and asked if the layout was going to be reconfigured to accommodate parking and the movement of traffic. Staff said it could be reconfigured. Chairman Alderson said a deceleration lane might be required if the restaurant opened for lunch. Staff said the threshold, for Public Works' deceleration lane requirement, would be 50 trips per hour. That was why the studies were being required in advance of the uses, in order to give the applicant a yes or no answer on the lane requirement. The calculations had not been done yet. Chairman Alderson asked if the new landscape was to be done in a desert landscape motif, was the applicant going to replace the current 652 3 Planning Commission Minutes April 22, 2008 landscape in kind. Staff replied most of the landscape was currently in turf, but would have to be put back in desert landscaping. Chairman Alderson suggested when the turf was being replaced the applicant might consider using artificial turf. Staff said it had not been discussed as the turf would not be replaced. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. David Prest of Prest-Vuksic Architects, 44-530 San Pablo Avenue, Suite 200, Palm Desert, introduced himself and said he was available to answer any questions. Commissioner Quill complimented Mr. Prest on addressing every issue of concern from the previous submittal and the building and facility were very good looking. Commissioner Barrows referenced comments from the ALRC about the use of deep eaves in dealing with the issue of heat retention on the west and south sides of the buildings. She went on to say she was concerned about the reduction of turf and didn't see any reason to retain the small patch of grass. She suggested it would be better to eliminate that portion of turf in favor of more trees to help shield the buildings. Even with the eaves it will get pretty hot in the afternoon. Mr. Prest replied the overhang was fairly deep and the south side was pretty well protected. There was not much they could do with the west, but the proper placement of trees would help. Commissioner Barrows suggested Palo Verde be added on the west side to create some additional screening. Chairman Alderson asked Mr. Prest if he was okay with the Conditions of Approval as recommended. Mr. Prest replied he was. Chairman Alderson asked Mr. Prest if the application was approved. Construction would begin as quickly as possible. Mr. Prest replied it would. Commissioner Quill said the turf identified behind Building B was currently a putting green. He wanted to know if that use would remain. Mr. Prest said yes it would remain, but be downsized. He added they 653 11. B 0 A r T Planning Commission Minutes April 22, 2008 have worked on a lot of office complexes and there usually was very little landscaping left. This complex has a lot of landscaping and you could easily maneuver around this project. Chairman Alderson asked if there would be a problem with shielding all the parking lot lights. Mr. Prest said they had already planned to do that. Chairman Alderson asked if there were any more applicant rep resentatives/co m ments. There being none, he asked if there was any public comment. Mr. A.P. "Skip" Lench, 78-285 Calle Cadiz, and 78-215 Calle Cadiz, said he was representing the neighborhood of single-family homes in the area. He, and another gentleman, met with David Chapman at his home and over the phone, trying to reach a consensus with the concerns of the neighbors as well as Mr. Chapman. He was happy to report they were pleased overall with the project. There were, however, still some outstanding issues: 1) When Mr. Chapman originally proposed the project he advised them a portion of the property along Desert Club Drive was zoned Village Commercial and the balance was zoned residential. At that time, the neighbors had qualms about a restaurant backing up to residential. Mr. Chapman convinced them the view could also have been blocked by large homes since single-family residences were also allowed. Several residents were upset because they agreed to a restaurant, and were now facing the addition of office buildings. 2) They met with Mr. Chapman, to come to an agreement about the addition of his buildings while the neighbors could maintain the residential feeling of their neighborhood. One of the items they agreed to was a deed restriction so there would be no further development on the property, i.e. buildings. They are requesting the Planning Commission place a deed restriction on the property preventing further development on the property. Another unresolved issue was the light shining in their back yards. Mr. Lench referenced the Architecture and Landscape Review Committee (ALRC) action, Item No. 3 of the report where it states "Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. A bulb refractor or dimmer shall be utilized with the proposed lantern fixtures if deemed necessary by staff. All relocated freestanding lighting within the parking lot shall not exceed the height of existing fixtures and shall be fitted with a visor if 654 5 N 0 A r T Planning Commission Minutes April 22, 2008 deemed necessary by staff." He had concerns about the statement "..fitted with a visor ...... He said the prior Village Use Permit very specifically requested all the parking lot lighting be shielded and he wanted that condition to continue. Chairman Alderson asked if the lighting recommendations from the previous meeting requested the shielding should be on the northerly property line only. Mr. Lench said no, it was for the whole property. Mr. Lench said he was pleased to see the carports were very minimal, and said the neighbors wanted to make sure the lighting on the carports would adhere to minimalism as well, He commented briefly on where the parking structures were proposed; in the center of the parking lot as opposed to the northern boundary with the parking structure next to residences. He was pleased with the final location. Commissioner Wilkinson asked Mr. Lench if there was an agreement restricting this property to the Arnold Palmer restaurant only. Mr. Lench replied Arnold Palmers and the new proposed buildings. He added they would like to request a deed restriction on any future development of this property. Commissioner Quill asked Council how a deed restriction would be done. Assistant City Attorney, Michael Houston said he had a couple of observations. There would be a policy issue on whether the Planning Commission would want to impose a restriction on future development. This is an issue that imposes a condition but there are some legal problems with that. The first of which would be, who would have the enforcement right should the restriction be breached. He did not know if it should be proposed that the adjacent residences have the right to remedy the situation. That could eventually cause problems should an application proceed with the City when the City would, in fact, possibly incur liability or a third party would have the right to enforce that against the City. The example being a future owner of the property. That owner could go to the Council waving a deed restriction and then the City would have a lawsuit. The other alternative would be the City would have the right to enforce the deed restriction. This may not be within the purview of the Planning Commission. Commission Quill asked if the deed restriction would be in favor of the 6 5 2 I n I F T Planning Commission Minutes April 22, 2008 property owners, or the City. The Assistant City Attorney replied typically a deed restriction, under California Law, has to have properties burdened and properties benefited. So the question would be who is the property that is benefited. It also would restrict the City in the future to some degree if they decide to change the use of that property either through General Plan or Zoning Changes. The final point being there was nothing preventing the developer and the adjacent property owners to do this on their own. In California Law there is a Nexus requirement that conditions imposed on a project have a rational relationship. As a practical matter if there were lienholders they would be in a senior position to foreclose on this property and that sort of provision (deed restriction) would require the consent of the senior lienholders; and they would probably not want that put on the property. Commissioner Quill asked if any future development plans required the developer to come back to the City and provide the adjacent property owners with an opportunity to voice their opinions. Staff replied yes. Chairman Alderson said for all practical purposes this property would be built out. Planning Director Les Johnson said it may be at the point of full development, but redevelopment could lead to a variety of opportunities. Chairman Alderson asked Mt. Lench if he had additional questions. Mr. Lench said since there seemed to be several legal issues regarding deed restrictions perhaps staff could come up with a way so that every two or three years the neighbors didn't have to come back to deal with further disruptions in the neighborhood. He added, Mr. Chapman is cognizant of the issue and expressed a willingness not to intrude further upon the adjacent residences. He asked if there was way to avoid suddenly finding out there was going to be another structure overlooking their back yards and wanted to be assured they would retain the single-family neighborhood. Chairman Alderson asked staff if any future development would be subject to Planning Commission review and public notification since it would give the neighbors an opportunity to come back and comment on the application(s). Staff replied yes, they would be afforded an 1 656 7 I N a � 7 Planning Commission Minutes April 22, 2008 opportunity to respond, through the public hearing process. There being no further public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said it was a good submittal and there was nothing he would change on this facility. He understood Commissioner Barrows' comments but he did like the retention of the putting green as it is a very active part of the Arnold Palmer restaurant. He was open for discussion on the turf in front of Building A. Otherwise he was pleased with what had been done to change the project. He proposed the Commission not involve themselves in any of the deed restrictions as that should be between Mr. Chapman and the neighbors. Commissioner Barrows said she concurred with Commissioner Quill's comments and appreciated Mr. Lench's comments but didn't see any way to address his concern on the deed restriction. She suggested the turf in front be eliminated and put in artifical turf to save water usage. There is still a lot of turf on the project overall, but there is a need to get serious about water conservation. She suggested the developer could put in more trees and benches. Chairman Alderson said he supported the artifical turf issue. It was a good idea and would cut down on water usage. The only other comment he had was the occupation of the buildings. He had a problem with approving additional office buildings with surrounding buildings half vacant. This would create another situation where we have half vacant office inventory He didn't know who was going to occupy the space, but he stated in the current marketplace it is distasteful to build additional speculative office space in an area with unoccupied office space. There being no further discussion, it was moved and seconded by Commissioners Quill/Wilkinson to approve Resolution 2008-013 approving Tentative Parcel Map 35900, as recommended. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. There being no further discussion, it was moved and seconded by 657 H 10 a F T Planning Commission Minutes April 22, 2008 Commissioners Quill/Barrows to adopt Resolution 2008-014 approving Village Use Permit 2007-039, as recommended and amended: a. Add a condition stating addition of turf in. front of building A, at the corner of Avenue 52 and Desert Club Drive either be replaced with another appropriate landscape or an artificial turf -type of application with some additional trees and shading for the west facing side of that being provided as deemed appropriate and approved by the Planning Director. ROLL CALL: AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: Planning Director Les Johnson explained why Commisioner Engle was not present due to the requirements of attendance of the Commission as stated in the City of La Quinta Municipal Code, Section 2.06.020B. According to that Code section, Mr. Engle, is entitled to and has made a request to Council for reinstatement to complete his term which ends June 30, 2008. This item will go before City Council at the May 6, 2008, meeting. Staff will provide all the Commissioners with the appropriate Municipal Code section as well as a Commissioner attendance list. He stressed their need to make sure they understood the Code provision for advance notification to the Council if unable to attend a meeting. We will have to see what transpires at the next council meeting regarding Mr. Engle. Chairman Alderson then stated he will be unable to attend the next meeting as he will be out of the country. Chairman Alderson then gave a review of the City Council of last week which included the Eden Rock project. He said it was a very interesting meeting and asked staff to go over some of the pertinent details of the Eden Rock presentation. Planning Director Les Johnson explained the land use/entitlement side of the G53 go