2000 08 01 CCT4&t °F4QuAtw
CALL TO ORDER
ROLL CALL
Council Members:
PUBLIC COMMENT
City Council Agendas are now
Available on the City's Web Page
@ www.la-quinta.org
City Council
Agenda
CITY COUNCIL CHAMBER
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
Tuesday. August 1. 2000 - 2:00 P.M.
Beginning Res. No. 2000-94
Ord. No. 348
Adolph, Henderson, Perkins, Sniff, Mayor Pena
At this time, members of the public may address the City Council on any matter not
listed on the agenda. Please complete a "request to speak" form and limit your
comments to three minutes.
Please watch the timing device on the podium.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS SKI HARRISON, MARK WEISS AND JOHN RUIZ
REGARDING NEGOTIATIONS WITH THE LA O.UINTA CITY EMPLOYEES ASSOCIATION
PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - MEET AND CONFER PROCESS.
NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS
DURING THE DINNER RECESS. ADDITIONALLY, IF THE CITY IS CONSIDERING ACQUISITION OF
PROPERTY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES ARE NOT INVITED INTO THE CLOSED
SESSION MEETING.
RECONVENE AT 3:00 P.M.
II. PLEDGE OF ALLEGIANCE
001
PUBLIC COMMENT
At this time members of the public may address the City Council on items that appear
within the Consent Calendar or matters that are not listed on the agenda. Please
complete a "request to speak" form and limit your comments to three minutes.
When you are called to speak, please come forward and state your name for the
record. Please watch the timing device on the podium.
For all Business Session matters or Public Hearings on the agenda, a completed
"request to speak" form must be filed with the City Clerk prior to the start of City
Council consideration of that item. The Mayor will invite individuals who have
requested the opportunity to speak, to come forward at the appropriate time.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1. MINUTES OF THE MEETING OF July 18, 2000
ANNOUNCEMENTS
PRESENTATIONS - None
WRITTEN CORRESPONDENCE
1. LETTER FROM CITY OF TEMECULA REQUESTING SUPPORT FOR A MEDICAL PROCEDURE TO
BE PERFORMED IN RIVERSIDE COUNTY THROUGH THE EMERGENCY MEDICAL SERVICE
(EMS).
2. LETTER FROM THE AMERICAN CANCER SOCIETY REGARDING PARTICIPATION IN THE
"RELAY FOR LIFE."
CONSENT CALENDAR
Note: Consent Calendar Items are considered to be routine in nature and will be approved by
one motion.
1. APPROVAL OF DEMAND REGISTER DATED AUGUST 1, 2000.
2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR AN ANIMAL CONTROL/CODE COMPLIANCE
OFFER TO ATTEND AND ANIMAL LAW ENFORCEMENT TRAINING ACADEMY GIVEN BY THE
SAN DIEGO HUMANE SOCIETY AND SPCA IN SAN DIEGO, CA, AUGUST 9 THROUGH 11 AND
AUGUST 14 THROUGH 18, 2000.
3. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 25363-1, CENTURY HOMES
4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28409, THE ADOBES.
5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23935, CENTURY HOMES.
6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23935-6, CENTURY HOMES.
Page 2 n' 1,
7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND
SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL 29288, FIRST SCHOOL, INC.
8. AUTHORIZATION TO EXECUTE A PURCHASE AGREEMENT WITH CALTRANS TO ACQUIRE
A PORTION OF CALTRANS RIGHT -OF WAY AT HIGHWAY 111 ASSOCIATED WITH THE
WESTERN CITY ENTRANCE MONUMENT LOCATION.
9. ACCEPTANCE OF CITY-WIDE TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 98-15.
10. APPROVAL OF AWARD OF CONTACT FOR THE CALLE RONDO CHANNEL LANDSCAPE
IMPROVEMENTS, PROJECT NO. 98-11 A.
1 1. CONFIRM COMPLIANCE WITH CONDITION NO. 69 OF SPECIFIC PLAN 2000-042 LOCATED
ON 28.33±ACRES ON THE WEST SIDE OF WASHINGTON STREET BETWEEN 47TH AVENUE
AND 48TH AVENUE. APPLICANT: LA QUINTA ARTS FOUNDATION.
12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING MANAGER TO ATTEND THE
NATIONAL PRESERVATION CONFERENCE 200 TO BE HELD IN LOS ANGELES, CA, OCTOBER
31-NOVEMBER 5, 2000.
13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY DEVELOPMENT DIRECTOR
AND PLANNING MANAGER TO ATTEND THE APA 2000 REGION VI CONFERENCE TO BE HELD
IN LONG BEACH, CA, SEPTEMBER 16-19, 2000.
14. APPROVAL OF A PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 3 FOR GENERAL
PLAN UPDATE CONSULTING SERVICES.
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT
COMMISSION.
A. MINUTE ORDER ACTION
2. CONSIDERATION OF SELECTION OF A VOTING DELEGATE AND AN ALTERNATE TO THE
LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING - SEPTEMBER 7-9, 2000.
A. MINUTE ORDER ACTION
3. CONSIDERATION OF AWARD OF CONTRACT TO INSTALL IMPROVEMENTS FOR FRITZ BURNS
PARK FENCE REHABILITATION IMPROVEMENT, PROJECT NO. 98-16.
A. MINUTE ORDER ACTION
4. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT COVE OASIStLAKE CAHUILLA
TRAIL, PROJECT NO. 98-18.
A. MINUTE ORDER ACTION
5. CONSIDERATION OF A RESPONSE TO CVAG'S REQUEST FOR A LETTER OF INTEREST FOR
THE COACHELLA VALLEY ANIMAL CAMPUS.
A. MINUTE ORDER ACTION
003
Page 3
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS
1. CVAG COMMITTEE REPORTS
2. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON)
3 C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (PERKINS)
4. C.V. MOUNTAINS CONSERVANCY (SNIFF)
5. DESERT RESORTS REGIONAL AIRPORT AUTHORITY (HENDERSON)
6. LEAGUE OF CALIFORNIA CITIES COMMITTEES
7. MUSEUM EXPANSION COMMITTEE (ADOLPH/SNIFF)
8. PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY (HENDERSON)
9. PALM SPRINGS DESERT RESORTS AIRLINE SERVICES COMMITTEE (HENDERSON)
10. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
11. RIVERSIDE COUNTY FREE LIBRARY SYSTEM ADVISORY COMMITTEE
12. RIVERSIDE COUNTY DESERT LIBRARY ZONE ADVISORY BOARD (HENDERSON)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (PENA)
14. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (PENA)
DEPARTMENT REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
A. REPORT ON UPCOMING EVENTS.
4. BUILDING AND SAFETY DIRECTOR
5. COMMUNITY DEVELOPMENT DIRECTOR
6. COMMUNITY SERVICES DIRECTOR
7. FINANCE DIRECTOR
8. PUBLIC WORKS DIRECTOR/CITY ENGINEER
9. POLICE CHIEF
10. FIRE CHIEF QUARTERLY REPORT
MAYOR AND COUNCIL MEMBERS' ITEMS - None
RECESS TO REDEVELOPMENT AGENCY MEETING
RECONVENE AT 7:00 P.M.
PRESENTATIONS - None
PUBLIC COMMENT
This is the time set aside for public comment on any matter not listed on the agenda.
Please complete a "request to speak" form and limit your comments to three minutes.
Please watch the timing device on the podium.
004
Page 4
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed "request to speak" form must be
filed with the City Clerk prior to the start of City Council consideration of that item.
The Mayor will invite individuals who have requested the opportunity to speak, to come
forward at the appropriate time.
PUBLIC HEARING ON CONFIRMING ASSESSMENTS IN PROPOSED ASSESSMENT DISTRICT
2000-2 (UTILITY UNDER -GROUNDING), ORDERING THE PROPOSED IMPROVEMENTS TO BE
MADE AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY.
A. RESOLUTION ACTION.
2. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT (EA 2000-392) AND APPROVE TENTATIVE TRACT MAP 29623, A REQUEST BY
WORLD DEVELOPMENT TO SUBDIVIDE 10.09 ACRES INTO 35 SINGLE FAMILY AND OTHER
COMMON LOTS LOCATED AT THE NORTHEAST CORNER OF MILES AVENUE AND DUNE
PALMS ROAD. APPLICANT: WORLD DEVELOPMENT
A. RESOLUTION ACTION
3. CONTINUED JOINT PUBLIC HEARING BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY,
THE CITY COUNCIL AND RECREACTION GROUP OF COMPANIES TO CONSIDER TWO
AFFORDABLE HOUSING AGREEMENTS BETWEEN THE AGENCY AND RECREACTION GROUP
OF COMPANIES.
A. MINUTE ORDER ACTION
ADJOURNMENT - Adjourn to the next regular meeting to be held Tuesday, August 15, 2000 in the
City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92553.
DECLARATION OF POSTING
I, June S. Greek, City Clerk of the City of La Quinta, California, do hereby declare that the foregoing
agenda for the City Council meeting of August 1, 2000 was posted on the outside entry to the Council
Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and
at Stater Bros., 78-630 Highway 111, on Friday, July 28, 2000.
DATED: July 28, 2000,
J GREEK, CMC/AAE
City Clerk, City of La Quinta, California
PUBLIC NOTICE
The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for
the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the
meeting and accommodations will be made. 005
Page 5
Harry S Truman Elementary School
78-870 Avenue 50
La Quinta, CA 92253
Telephone 760-777-4240
Fax 760-777-4237
August 1, 2000
Regarding: Installing a sidewalk at the entrance to Truman & La Quinta Middle Schools
Park & 501h Avenue.
Dear Honorable Council:
We are concerned about the safety of our students walking to and from school. There have been
several incidences where children have slipped and fallen into the road.
Since we know you share our concerns about public safety, we would like to request your
consideration in this matter.
I have attached several photographs of La Quinta Developments. PGA, Traditions, La Quinta
Fairways, Painted Cove, and many others include sidewalks not only for the convenience of their
homeowners, but for safety and appearance.
We feel that a sidewalk and landscaping would be keeping with the standard of other
developments in the area, could prevent possible lawsuits, enhance public appearance, and give a
safe walking environment for more than 1,000 children who attend Truman Elementary, as well
as the La Quinta Middle school children who also travel that route.
We appreciate your attention in this matter. With most of our students away for the summer, it
would be a perfect time to construct a walkway without the threat of young children being hurt.
Thank you for giving us your time. We look forward to a favorable resolution.
Best Regards,
Patricia Duarte
PTO President
W: 564-6493
July 31, 2000
The Honorable Gray Davis
Governor
State Capitol Building
Sacramento, CA 95814
RE: LETTER OF SUPPORT FOR AMERICANS WITH DISABILITIES ACT
Dear Governor Davis:
We are writing to memorialize our continuing support for the Americans with Disabilities Act
(ADA).
We understand that the State of California tiled an action with the Supreme Court of the United
States challenging the constitutionality of the ADA
We are informed that you have since instructed the State's lawyers to pursue settlement
discussions with the intention of terminating California's appeal.
The City of Indio supports the effort to seek an end of the State's appeal and respectfully requests
that the State withdraws its action and instead file an amicus curiae brief with the Supreme Court
in support of the ADA-
As memorialized in the enclosed resolution ,the City of Indio supports the Americans with
Disabilities Act as written with local ADA advocates, such as our Indio resident Mr. Jim Collins,
to ensure compliance with the Act in order to safeguard the health and well being of our disabled
community.
Again, we ask you to withdraw your local action and affirm your support of the ADA
Respectfully,
Marcos Lopez
Mayor
Ben Godfrey
Councilmember
Melanie Fesmire Michael Wilson
Mayor Pro Tem Councilmember
Jacqueline Bethel
Councilmember
007
j_r'�i M
02-52P CoachellaVallrayAssocOfGov 760 340 5949 P.03
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
S:ytIne • Cathedral City * Coachebi • Desert Hot Springs . Indian Wells • Indio • La Ouinta • Palm Desert • Paim Springs • Ranchn Mirage
County of Riverside . Aqua Caliente Band of Cahu,lla Indians • Cabazon Band of Mission Indians
July 31, 2000
Governor Gray Davis
State Capitol Building
California 95814
R-E,: LETTER OF SUPPORT FOR ANTERICANS WITH DISABILITIES ACT
Dear Governor Davis:
1. 5 letter is to indicate the support of the Coachella Valley Association of Goverrimc:nts (CVAG)
r`or the Americans with Disabilities Act (ADA).
It is our understanding that the State filed a petition with the Supreme Court of the United States
challenging the constitutionality of the ADA. This petition stems from the case, Dare v- State of
California Department of Motor Vehicles and the Depat•tnient's policy of charging persons with
disabilities an additional $6 The for disability parking placards.
Further, we understand you have since instructed the State's lawyers to enter into settlement
:-lions with the plaintiffs with the intention to end Cakfornia's appeal.,
%i'ir� is in support of your discussions to end the State's appeal and respectfully requests that you
-; thdraw your petition and instead file an amicus curiae brief'with the Supreme Court itt support of
�e ADA.
-�TA.G stands in support of the Americans with Disabilities Act as written and its mcntbcr
jurisdictions have worked with local involved ADA advocates, such as Mr. Jim Collins, to ensttre
€hat local governments and agencies are aware and in compliance with this Act in order to safeguard
the health and well being of our disabled community.
Again, we ask you to withdraw your petition and stand in support of the ADA.
�i:lccrcly,
Gary Grinim,
-hair
- ' D =^ed Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760)346-1127 • FAX (760)340-5949
WRITTEN CORRESPONDENCE ITEM:
City of Temecula
43200 Business Park Drive -Temecula, CA 92590■Mailing Address: P.O. Box 9033■Temecula, CA 92589-9033
(909) 694-6444 • Fax (909) 694-1999
l
July 10, 2000
Dear Mayor Pena and members of the City Council,.
The City of Temecula implemented a Paramedic Progmr in 1999 and we are eery
pleased with the results of this program.
Recently, an issue was brought to our attention and we are writing to inform and request
your support.
In a tragic accident, a local child recently died because of an obstructed airway. in
reviewing this incident, it was brought to our attention that the field paramedics who
responded to this call, were helpless to save this child because of Riverside County
Emergency Medical Agency protocol. This protocol prohibited a potentially life-saving
procedure from being performed.
The name of this procedure is needle cricothyroidotomy with jet insufllation. All
paramedics in the State of California are trained and tested on this procedure. However,
Riverside County Paramedics are not allowed to use this procedure in the field per EMS
protocol
I am writing to you to request your support as we go forward to the EMS agency in
September, to request that this procedure be allowed to be performed in Riverside
County. Attached is the resolution which was recently adopted by the Temecula City
Council that may serve as a sample resolution: It is my goal to have every city within
Riverside County adopt this resolution titled, "tie 6corke KOes Memorial Re soii:ition.
For more information please feel free to contact myself or Grant Yates, Assistant to the
City Manager at (909) 506-5100.
Sincerely,
491550111
Jeffrey E. Stone
Mayor
CC: City Council
Attachment: City Council Resolution
LI
® Printed on Recycled Paper
1
1
RESOLUTION NO. 2000-54
THE BROOKE HOFFEE CRICOTHYROIDOTOMY RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING FIELD PARAMEDICS USE OF NEEDLE
CRICOTHYROIDOTOMY WITH JET INSUFFLATION PROCEDURE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
WHEREAS, this skill is recognized by the State of California as a paramedic basic scope of
practice skill; and
WHEREAS, this skill is taught in paramedic training institutions as part of standard airway
treatment; and
WHEREAS, this skill is currently being used in 75% of local Emergency Medical Services
Agencies; and
WHEREAS, the City of Temecula appeals to the Emergency Medical Services (EMS) for the
County of Riverside to authorize this procedure; and
WHEREAS, this procedure is considered to be in the best interest of the health, safety, and
welfare of our citizens, as a plausible alternative where mechanical or physical means of clearing
an obstructed airway are unsuccessful.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a
regular meeting held on the 27th day of June 2000.
ATTEST:
► a-%,"
Susan 1. Jones,
City Clqtk
[SEAL]
effrey E. Stone
Mayor
010
Resas/2000-54
002
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 2000-54 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof held on the 27th day of June, 2000, by the following vote:
AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Susa W.-Jo s, CMC
itv Clerk
' 011
Resos/2000-54 2 003
WRITTEN CORRESPONDENCE ITEM:
� oz
U S
CF`y OF
TO: Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Managmil'er � �
DATE: August 1, 2000
RE: Letter from the American Cancer Society Regarding
Participation in the "Relay for Life"
The attached letter from the American Cancer Society requests sponsorship
consideration and a presentation to the City Council in relation to the "Relay
for Life" event scheduled at La Quinta High School on October 14 and 15,
2000.
The Council may wish to advise staff to schedule the presentation for the
August 15, 2000 City Council meeting and place the matter on the agenda
for further consideration (during the same meeting). The Council may also
consider directing staff to include sponsorship of the event in the Community
Services Grant Program item coming before the Council on August 15,
2000, as part of the Council's quarterly consideration of Community
Services grant requests.
0112
A TEAM EVENT TO
FICAU CANCER
Relay For Life
October 14-15, 2000
La Quinta High School
Co -Chairs
Alan & Carla Abell
Committee Chairs
Bob Berk
John Gambill
Nancy Harris
Leann Hoffman
Paula LaBellarti
Marvin Schurgin
Robyn Shaffer
Elaine Simmons
July 6, 2000
John Pena, Mayor
City of La Quinta
P.O. Box 1504
La Quinta CA 92253
Dear Mayor Pena:
Thank you for your interest in the American Cancer Society's Relay for
Life to be held at La Quinta High School, October 14th & 15th.
During a meeting with Jerry Herman, I learned that the City of La Quinta
lost an employee to cancer last May. Relay for Life is not only a time to
celebrate survivorship, but it is a time to remember those who have lost
the battle. In doing so, the Council may want to consider a Relay for Life
sponsorship, either a city team or another level. I have enclosed
Sponsorship Information for your review.
Corporate Supporters
It would also be an honor for me to make a 5-10 minute Relay for Life
City of La Quinta
Comprehensive Cancer Centers
ion before the City Council on either August 1 st or August 15th.
presentation �'
Desert Regional Medical Center
Last year we raised $89,000. This year we would like to raise $150,000
Dyson & Dyson Real Estate
to provide patient services, education and early detection for cancer
Eisenhower Medical Center
John F. Kennedy Memorial Hospital
patients and their families in the Coachella Valley. With your support and
The Office Furniture Place
help we can accomplish this goal.
I look forward to hearing from you or your staff representative regarding
a Relay for Life presentation before the council.
Thank you for your support.
Sincerely,
aza'ark�
Alan Abell, Co -Chair
Relay for Life
American Cancer Society
Desert Palms Area
74-140 El Paseo, Suite One
Palm Desert CA 92260
760-568-2691 "There is No Finish Line... Until We Find a Cure"
Fax 760-341-8783
013
002
SPONSORSHIP INFORMATION
�-_l - ----- 4—w. N AM tL
•
IN
.A TEAM EVEY+Ii 7'[y
FICWHr cara►NcER
Relay for Life 2000
La Quinta High School
October 14-15, 2000
014
003
RELAV 91
.11 V
V, X AMERICAN CANCER SOCIETY'S
101. RELAY FOR LIFE 2000
A
COMMUNITY SPONSORSHIPS
A TEAM EVENT TO Relay is a celebration of life where people come together for a 24-hour
FIGHT CANCER
block party. Teams walk around the track to raise money while spectators
® enjoy entertainment, food and community spirit. You and/or your company can take pride
in sponsoring the life-saving work of the American Cancer Society as a Relay sponsor.
Sponsorship Menu of Opportunities
$15,000 Title Sponsor - you are recognized as the premier event sponsor
($25,000 for a two-year commitment)
$10,000 Honorary Chair - you are awarded a national Excalibur award
by the American Cancer Society
$ 7,500 Platinum Sponsor - you receive recognition before, during & after event
$ 5,000 Gold Sponsor - you receive recognition before and during event
$ 2,500 Silver Sponsor - you receive recognition during event
$ 1,000 Bronze Sponsor - you receive recognition at one event activity
Relay Club Sponsors
$ 500 Awards Sponsor
$ 500
Goodie Bag Sponsor
$ 500
Program Sponsor
$ 500
Security Sponsor
$ 500
Relay Store Sponsor
$ 250
Transport Sponsor
$ 250
Comfort Sponsor
$ 250
Team Photo Sponsor
$ 250
Barometer Sign
-recognition on volunteer awards
-you enjoy targeted sampling rights
-recognition on front of event program Sk�
-recognition at main check -in & info booth
-recognition at the Relay Store Sm\,C\
-recognition on golf carts/volunteer vehicles
-recognition at rest areas
-recognition on commemorative team photos
-recognition on the fund-raising barometer
$ 100 Business Expo -fee to set up an info booth during expo hours
Your charitable contribution to Relay For Life is tax deductible inmost cases. Please consult your tax advisor for
additional information.
American Cancer Society 74-140 El Paseo Suite #1 Palm Desert, CA 92260 7601568-2691 015
004
a
A TEAM EVENT -TO
FIGHT CANCER
AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
TITLE SPONSOR - $151,000
(Or $25,000 for a two-year commitment)
Above -The -Title Name Recognition. The event is named "YOUR COMPANY Relay
For Life" to benefit the American Cancer Society. Your representative co -hosts the
opening, luminary and closing ceremonies. You receive special recognition throughout
the 24-hour event. You participate in all publicity opportunities.
Fligh-Quality Visibility with face-to-face access to a prime consumer target audience
including youth ages 12 - 22 and adults ages 22 - 64. Your company logo is prominently
displayed on newsletters, posters, t-shirts, program, goody bags and in all media.
Automatic Team Status. Your group/company receives team status including 24
sponsor shirts, a VIP hospitality tent for 24 including a catered dinner and breakfast
during the event and a commemorative sponsor team photo.
Life -Saving Information for Your Employees. The American Cancer Society will
come to your workplace/meeting place at your discretion to provide important cancer
education and prevention information to your group. The program could include a
trained nutritionist, a smoking -cessation facilitator or a physician, as appropriate.
Association with the American Cancer Society. Your company will be associated with
the largest source of private cancer research funds in the United States, awarding over
$25 million to California researchers this year alone. You can be proud of your efforts to
fight cancer in your own community. 016
005
RELAYO
a AM
A TEAM EVENT TO
FIG&ff CANCER
AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
HONORARY CHAIR - $10,000
(Limited to Two Donors)
• Local Recognition. Your name appears on printed materials, signage and participant
t-shirts. You are recognized at the opening and luminary ceremonies. At the closing
ceremony, you will give out achievement awards and receive a commemorative photo.
• National Recognition. You receive EXCALIBUR standing in a nationally -recognized
donor membership group which entitles you to special briefings on cancer research and
attendance at an exclusive roundtable meeting at a world-renowned scientific research
institution somewhere in the United States. You also receive a handsome EXCALIBUR
award.
• Team Benefits. You receive automatic team status along with 24 sponsor shirts and VIP
seating including a catered dinner for 24 during the event.
• Association with the American Cancer Society. You will be associated with the largest
source of private cancer research funds in the United States, awarding over $25 million to
California researchers this year alone. The American Cancer Society has funded 30 Nobel
Laureates and is one of the Top 10 best managed nonprofits in the country, according to
U.S. News and World Report. You can be proud of your personal efforts to fight cancer
in your own community.
017
w
0
a
A TEAM EVENT TO
FIGHT CANCER
AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
PLATINUM SPONSOR - $79500
(Limited to Four Sponsors)
Local Recognition. You will be recognized before, during and after the event. Your
name appears on printed materials, signage and participant t-shirts. You participate in
local publicity opportunities.
Team Benefits. You receive automatic team status including 12 sponsor shirts and
reserved seating (including refreshments) for 12 during the event along with a
commemorative photo.
Naming Opportunity. You may choose one of the following event components to be
named after your company/group/self.
1) Food Sponsor - Your name is prominently displayed at the concession area, on cups
napkins, tablecloths and recyle bins throughout the stadium. The afternoon ice cream
social, midnight pizza party and pancake breakfast are also named after you.
2) Luminary Sponsor - Your name is printed on all keepsake luminary bags sold before
and during the event (estimate: 2500). Your name is displayed at the luminary sales and
staging areas. You will co -host the luminary ceremony and announce the turning on and
off of the stadium lights.
3) Main Stage Sponsor - Your name is featured over the main stage area during the
entire 24 hours. Your name is mentioned on the air during live radio and TV broadcasts.
Your name is featured on signage listing the entertainment schedule. Your name is
featured as sponsor of entertainment activities like a dance contest, karaoke contest or
aerobics class.
4) Celebration of Life Sponsor - Your name is featured on t-shirts and medals for cancer
survivors. Your name is displayed on the cancer survivor's hospitality tent. Your name
is featured on commemorative photos for cancer survivors.
Association with the American Cancer Society. You will be associated with the largest
source of private cancer research funds in the United States, awarding over $25 million to
California researchers this year alone. You can be proud of your personal efforts to fight
cancer in your own community.
007
w
0
a
1
A
M-4
A TEAM EVENT TO
FIGNT CANCER
AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
GOLD SPONSOR - $59000
(Limited to Three Donors)
Local Recognition. Your name appears on printed materials, signage and participant
t-shirts. You are recognized before and during the event and receive a commemorative
photo. You participate in local publicity opportunities.
Team Benefits. You receive automatic team status including 12 sponsor shirts and
special seating (including refreshments) during the event.
Naming Opportunity. You may choose one of the following event components to be
named after your company/group/self.
1) Opening Ceremony - Your name is displayed at the starting line and on the banner
carried during the first lap. You will announce the start of the relay. Your name is
featured on the cancer survivors' t-shirt. Your name is displayed at the cancer survivors
hospitality tent.
2) Closing Ceremony - Your name is displayed on the main stage, at the coffee stations,
on the fund-raising barometer and on the morning entertainment schedule. You will
announce the total income raised and give out the award for the highest earning
team/individual.
3) Fun Zone - Your name is displayed over all the main entrances to the adult and
children's activity areas. Your name is displayed at each booth/activity station. You are
recognized as the sponsor of game prizes and giveaways.
Association with the American Cancer Society. You will be associated with the largest
source of private cancer research funds in the United States, awarding over $25 million to
California researchers this year alone. You can be proud of your personal efforts to fight
cancer in your own community.
019
11:
FZRELAYO
AD
�' r
A TEAM EVENT TO
FIGHT CANCER
AMERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
SILVER SPONSOR - $2,500
Local Recognition. Your name appears on printed materials, signage and participant
t-shirts. You are recognized during the event and receive a commemorative photo.
Naming Recognition. You may choose one of the following opportunities.
1) Team Sponsor - Sponsor a team of walkers (up to 24 people) by paying their
registration fee and minimum $100 per person fund-raising goal. Encourage team
members to continue raising money on their own. This is a great way to reward
employees and help people come together for a common cause.
2) Wall of Champions - Your name is featured over a lighted billboard where
participants can post pictures and remembrances in honor of cancer survivors or in
memory of loved ones lost. The wall is a special place of reflection and dedication.
3) Activity Sponsor - Your name is featured over one of the following:
a) Kid's Camp - Children's activities area to include a bounce house, car painting
by Children's Discovery Museum and assorted games and crafts.
b) Movie Tent - An outdoor movie theatre featuring a big screen TV, all-night
movies and popcorn.
Q2Z\C c) Entertainment - Your sponsorship includes a six -hour block of time during
which singers, dancers, magicians, gymnasts, comedians and other performers
will keep the crowd busy.
Association with the American Cancer Society. You will be associated with the largest
source of private cancer research funds in the United States, awarding over $25 million to
California researchers this year alone. You can be proud of your personal efforts to fight
cancer in your own community.
020
009
LAY OAv
H-4
A TEAM EVENT TO
FIG&W CANCER
AN ERICAN CANCER SOCIETY'S
RELAY FOR LIFE 2000
SPONSORSHIP BENEFITS
BRONZE SPONSOR - $15000
Local Recognition. Your name appears on printed materials, signage and participant t-
shirts. You are recognized during the event and receive a commemorative photo.
Naming Recognition. You may choose one of the following opportunities:
1) Ice Cream Social Sponsor - Your name is announced before and during the Saturday
afternoon ice cream party and your sign is placed on stage and at the ice cream serving
stations. Servers will wear and give away hats with your name/logo.
2) Saturday Night Fever Sponsor - Your name is announced before and during the
Saturday night dance party and your sign is placed on stage and at the dance floor. Party
favors will be handed out with your name/logo.
3) Midnight Madness Sponsor - Your name is announced before and during the Midnight
Madness games and gathering. Your sign is placed on stage and at the "Pick Me Up"
station. Giveaways and game prizes will feature your name/logo.
4) Rise & Shine Sponsor - Your name is announced before and during the morning wake
up and workout activities. Your sign is placed on stage and at the fitness area. Sport
giveaways and exercise incentives feature your name/logo.
5) Home Stretch Sponsor - Your name is announced before and during the mid -morning
home stretch and friendship break. Your sign is placed on stage and at the starVfmish
line. Giveaways and game prizes will feature your name/logo.
Association with the American Cancer Society. You will be associated with the largest
source of private cancer research funds in the United States, awarding over $25 million to
California researchers this year alone. You can be proud of your personal efforts to fight
cancer in your own community.
021
A:
0
a
A TEAM EVENT TO
FICPW CANCER
"Relay for Life"
to benefit the
American Cancer Society
Desert Palms Area
October 14-15, 2000
La Quinta High School Stadium
Yes, please include my company as a sponsor for
Relay for Life.
(Please print name as you would like it listed in program.)
Level Of Sponsorship:
Check enclosed (payable to American Cancer Society)
SPONSOR INFORMATION:
COMPANY NAME:
MANAGER/OWNER NAME:
ADDRESS:
PHONE:
E-MAIL:
COMMENTS:
Signature
FAX:
Date
Sponsors will be listed in Relay for Life Update newsletter and brochures with each revised
printing. Final deadline for program printing is October 1, 2000.
�z-
��
American Cancer Society — 74-140 El Paseo, Suite One — Palm Desert CA 92260--760-568-2691— Fax 760-341-8783
Oil
RELAY91
Q
• ,.
ON
A TEAM EVENT TO
FIGIi7' CANCER
Relay For Life
October 14-15, 2000
La Quinta High School
Co -Chairs
Alan & Carla Abell
Committee Chairs
Bob Berk
John Gambill
Nancy Harris
Leann Hoffinan
Paula LaBellarti
Marvin Schurgin
Robin Shaffer
Elaine Simmons
Corporate Supporters
Dyson & Dyson
Eisenhower Medical Center
Tenet Health System
The Office Furniture Place
American Cancer Society
Desert Palms Area
74-140 El Paseo, Suite One
Palm Desert CA 92260
760-568-2691
Fax 760-341-8783
American Cancer Society
Relay for Life 2000
What: Relay for Life 2000 is an exciting celebration of cancer
survivorship and is sponsored by the American Cancer
Society, the nation's largest cancer -fighting non-profit
organization. Teams of ten or more people formed by
friends and families, corporations, schools, clubs or other
organizations to run, walk or roll (wheelchairs) in relay
fashion around the track at La Quinta High School. This
community event is filled with music, a touching luminary
ceremony, games for all ages and is open to anyone who
has formed a team.
Relay for Life is organized and produced by our local
Coachella Valley volunteers of the Desert Palms Area
Office of the American Cancer Society. The fund-raising
goal for this year is $100,000, which helps your American
Cancer Society to continue the vital patient services and
public education programs needed in this community.
Why: By supporting Relay for Life, people help fund programs
right in their own community and give hope to cancer
patients. Proceeds raised from this event will be used for
cancer research, education and patient services.
When: The event begins at 12:00 PM on Saturday, October 14'
and the fun progresses non-stop, concluding on Sunday,
October 15' at 12:00 PM. A participant from each team is
required to be on the track at all times.
How: Each participant is asked to raise at least $100 in advance
donations and pay a $10 registration fee to be used in the
fight against this devastating disease which will strike one
in three people!
023
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1
RELAYa
A,
4
A TEAM EVENT To
FIGHT CANCER
It Takes A Community...
What is Relay for
Life, You Ask?
Rn
lay for Life is the
ationwide
ignature event
for the American Cancer
Society. This year 3,000 relay
sites will raise a combined $180
million.
Relay for Life is a 24-
hour team event which raises
funds for cancer research,
education and prevention
programs.
A team is formed with
10-24 friends, co-workers,
family members, etc. who each
take turns walking around a
track. Each person is asked to
raise at least $100 in
contributions prior to the event.
On Relay Day, team
members set up tents, unfold
beach chairs and get ready to
celebrate for 24 hours. There
are activities for all ages, music
playing and fun for all.
The serious side of
Relay begins with the Opening
Ceremony when cancer
survivors are invited to walk the
first lap. Then after dusk a
Luminary Ceremony is held to
honor and memorialize those
touched by cancer.
Relay Theme
Selected
your team
be the "High
Tech 90's, the
"Roaring 20's" or the "Flower
Children of the 60"s? The
decorating possibilities are
endless with 'Decades of the
Last Millennium. " What will be
your team's choice in order to
capture the prize for "Best
Theme" at Relay for Life,
October 14th & 15th?
U you are at a loss for
ideas, you'll want to attend the
Team Captain meeting on July
18th in order to gather ideas
from other team members.
Now, you don't have to
decorate, but the "theme
patrol" will make sure
everyone knows your tent site
is 'undecorated.'
Two awards will be
given: for Best Cancer -related
Theme, and for the Best
Decade Theme overall. So
start planning! You could find
yourself "In the Mood" on the
"Chatanooga Choo Choo"
dancin' to the music of In Sync.
www.cancer.org
MM
Campsite Selection
Underway
eams which have
the Team
Commitment form
and a minimum of $100
registration fees paid (10
walkers @ $10 each) may
select campsites at the monthly
Team Captain meetings.
Several sites were chosen at
the May Team
Captain meeting,
but good sites
still exist. lj��
La Quinta High School offers
many amenities including a
newly surfaced track. Due to
school regulations, only tents
will be allowed in the stadium
at any time during Relay.
We have planned RV space
on the adjacent field and the
basketball courts where limited
views of the stadium are
available.
Remember the fee is $10
per team member. A
suggested team size is 10-24.
Over 24, you may want to form
a second team - plus you have
a chance to select another site!
Don't delay! Mail your form
and check TODAY!
027
016
June 2000
Did -044
You
Know?
1. Approximately one in
two Californians will be
diagnosed with cancer in
his/her lifetime.
2. Tobacco causes 30% of
all cancers.
3. The leafing cancer
diagnosed in women is
breast cancer.
4. Costs for cancer in
California are
approximately $12.4
billion annually.
5. American Cancer
Society has raised over $2
billion for cancer research
since 1946.
1-800-AC S-2345
www.cancer.org
Relay Bucks
Team Captains and
participants can earn Relay
Bucks by coming to
meetings, answering the
puzzles correctly, getting
team registration money in
by the early -bird deadline of
July 31Sr, and more. These
Relay Bucks can be
redeemed at
the Relay
Store. So
come to the '-
.� . *iV
meetings, be
on time and
WIN some Bucks!!
Shop the Relay Store
Wt until you see ewhat we have
for you in the
Relay Store this year! Lastyear's
hot seller was the purple denim
long -sleeve Relay for Life shirt.
You won't want to
miss out, so bring a
few extra W with you
to get some g r e a t
Relay stuff!
Check out the following:
• Purple and Chambray
long -sleeve shirts with
Relay logo
• Relay coolers, Koozies,
Relay flashlights and
mini footballs
• Relay tote
bags and
visors
• HOPE Beanie
Bears
HOW CAN YOU HELP?
You may not even realize
how beneficial you could be to
other aspects of Relay. Read
through these team efforts to see
how you may be able to help.
TEAM RECRUITI E=
Last year we had 34
teams. This year our goal is 50.
We're well on our way to
meeting this already
with 24 teams
committed in
writing!
What about
you? Are you
already a team captain? Do you
have 10 friends you want to
spend the night with? Is
someone on your team a
candidate to recruit 12 of his/her
friends for a new team?
Call Marvin Schurgin at
345-6526 to sign up.
OPPORTUNITY PRIZES
Certificates for a massage
at your local spa... Certificates
for dinner or lunch for two at a
restaurant other than your
favorite ... a round of miniature
golf...
These are examples of
prizes that we would be happy
to accept! No matter how odd
the gift or how exclusive its
target audience, we'll find a
way to use it!
Call the Desert Palms
office at 568-2691 if you can
solicit prizes.
The Food Committee is
Cooldn' according to Paula.
"We're a happy group so we
decided to have "Happy
Hours" to plan culinary delights
for Relay 2000. We'll have fun
planning and won't the rewards
be great!"
This "Culinary
Committee" is ten strong and
ready to take on the hungry
participants of Relay 2000! We
have been joined by:Einstein
Bagels, J & J Deli Provisions
(remember those
greatBoar'sHead
hot dogs last
year!), Oasis Date
Gardens and the
Almond Board of
California, and
are talking to
many more
delicious and
delectable potential donors.
"It Takes a Community to
Take Up the Fight"
017
June 2000
Give Our
Steering -
Committee A
The following people are chairs
or co-chairs for various committees
responsible for planning Relay for
Life. Let's hear it for our fearless
leaders!
If you are interested in helping
on any committee, please contact the
chairperson. Volunteers are always
needed and appreciated to help before
and during the event.
Relay for Life Co-chairs
Alan & Carla Abell
760.408.8800
Administration
Nancy Harris 760.341.2078
Registration
John Gambill 760.321.5200
Food & Beverages
Paula LaBellarti 760.322.2286
Luminaries
Elaine Simmons 760.568.5967
Entertainment
Leanna Hofmann 760.775.5566
Team Recruitment
Marvin Schurgin 760.345.6526
Activities
Cancer Control
Mickey Goldman 760.416.4870
Cancer Survivors
Relay Store
Robyn Shaffer 760.837.2611
Sponsorship
Russ Russell 760-862-4766
Set -Up & Wrap -Up
Have time to chair a
committee? Please call us at
568-2691.
Take Our
Quiz
Answer the following questions
correctly and you may receive
Relay Bucks!
1. Tobacco causes % of all
cancers.
a. 10
b. 50
c. 30
2. The theme of the 2000 Relay for
Life is:
a. Movies
b. Decades
c. Vacation Memories
3. The Relay for Life host city is:
a. Palm Springs
b. La Quinta
c. Palm Desert
4. The Desert Palms Area serves
the entire:
a. Coachella Valley
b. Riverside County
c. Southern California
5. The leading cancer diagnosed
in women is:
a. lung
b. uterine
c. breast
6. Early -bird Registration
Deadline is:
a. June 30'°
b. July 31n
c. August 30'
Fax your answers along with
your name, address and phone
number to 7 60-341-8783 by July
15"' to qualify for a drawing at
the Team Captain Meeting on
July 18'. Good Luck!
"There is No Finish
Line Until We Find a
Cure"
Relay for Life Supporters
KJJZ KPSI KDES KPLM
KWXY KEZN KESQ KMIR
KMRJ KUNA KVER KDFX
KLOB Desert Radio Group
Almond Board of California
American Red Cross
Banana Boat
California Highway Patrol
Children's Discovery Museum
City of Desert Hot Springs
City of La Quinta
City of Rancho Mirage
Comprehensive Cancer Centers
Community Blood Bank
Congresswoman Mary Bono
Convention Support Services
Del Webb's Sun City Palm Desert
Desert Hospital Regional Medical Center
Desert Sands Unified School District
Desert Woman
Dyson & Dyson Real Estate
Eisenhower Medical Center
Einstein Bagels
Exquisite Professional Window Cleaners
Fashion Group International
First Community Bank
General Mills
Health Concepts
J & J Deli Provisions
John F. Kennedy Memorial Hospital
La Quinta High School
Metropolitan Community Church
Originamics
Palm Springs Unified School District
Professional Realty Associates
Riverside County Sheriffs Dept.
RVs of Merritt
Southland Title
Spotlight 29
Stamping Grounds
The Desert Sun
The Discovery Shop
The Office Furniture Place
Time Warner Cable
Union Bank of California 029
U.S. Filter
Waste Management of the Desert
Thank you all!!!
O18
June 2000
REua'!p RELAY FOR LIFE
01 American Cancer Society
74-140 El Paseo, Suite I
Fes. Palm Desert CA 92260
Important Dates
July 18`h
Team Captain Meeting at Portola
Community Center, 5:30pm (Earn Relay
Bucks for being on time)
July 31 m
Early Bird Registration Deadline (only
those teams with complete paid registration
will be entered for surprise drawing)
August 24`h
Team Captain Meeting at Portola
Community Center, 5:30pm (Earn Relay
Bucks for being on time)
October 4'
Bank Night at Union Bank of California on
II Paseo, 4:30pm to 7:30pm. Relay T-shirts
will be distributed to Team Captains at this
time.)
October 14`h & 15"'
RELAY FOR LIFE
Watch our Sponsor List Grow!
Silver Team Sponsor
THE OFFICE FURNITURE PLACE
Silver Sponsors
DYSON & DYSON REAL ESTATE
FASHION GROUP INTERNATIONAL
SPOTLIGHT 29
"It Takes A Community to Take Up the
Fight"
Thank You!!!
For additional information on the
American Cancer Society and
Relay for Life
www.cancer.org 030
Have a cancer -related question?
Call 1-800-ACS-2345
A TEAM EVENT TO
FIGHT CANCER
110404
AMERICAN
C A N C E R
SOCIETY
Relay For Life
1998-99 Annual Re if
0
"It's About A Community
PHILOSOPHY
In May 1985, Dr. Gordon Matt took the first step of his 24-
hour marathon around a Tacoma, Washington track and raised
$27,000 for the American Cancer Society. The following year
220 supporters joined Dr. Klatt in this overnight event and the
American Cancer Society Relay For Life was horn.
Relay For Life is the nationwide signature activity for the
American Cancer Society (ACS). It is not a benefit for ACS,
or an event to support ACS, it IS the American Cancer Society.
Relay For Life is a community -developed event; it is volunteer
driven and coached by ACS staff. Relay For Life is not just a
fund-raiser — it is a relationship building tool, an opportunity
to showcase the Society and the staging ground to form a
network of organizations to battle cancer.
Relay For Life is a personal experience. Each participant has
his or her own story of a special person battling cancer that
drives their being involved in Relay.
Relay For Life offers individuals, families, businesses, schools,
service organizations and conuuunities an opportunity to
participate in the fight against cancer. We are committed to
expanding their involvement in tlhc war against cancer through
ACS programs and services.
Relay For life is an event anyone and everyone can participate
III - regardless of physical or mental abilities. VVe will find a
way to help individuals participate if they have special needs.
Relay For life is our way to honor cancer survivors and to
remeanber those we have lust in the fight to cancer.
For ()ur participants, Relay Fur l .ife is the sword that will cut
clown cancer. Never in mankind 5 history has an event so quickly;
galvanized a people to tight hack against this dreaded disease.
021
CROSS -FUNCTIONALITY
Relay For Life provides our best opportunity for expanding
fund-raising, cancer control, advocacy, and volunteerism in
communities throughout our nation.
Relay For Life is an avenue to reach major donors in our
communities, and provide a path for donors and participants
to grow with the event and with the organization.
Relay For Life is a forum to present ACS cancer control
information to the public and to take cancer control program-
ining directly into businesses, schools and service organizations.
Relay For Life is a platform to build a network of businesses
and health organizations to address community cancer issues.
Relay For Life is an opportunity to recruit grassroots support
for ACS Advocacy Networks and involve our volunteers in
legislative efforts around the country.
Relay For Life provides a venue for researchers to meet survivors
and to explain the scientific advances being made against cancer.
Relay For Life provides the forum to recruit new volunteers to
deliver ACS programs and services.
(QUICK FACTS
✓ Over 2,400 communities held a Relay For Life in 1998-99.
✓ 1.5 million Americans participated in these events.
✓ 250,000 cancer survivors walked the opening laps.
✓ 100,000 new ACS volunteers were recruited.
✓ $127 million dollars were raised to battle cancer.
✓ Two-thirds of all Relays are less than 5 years old.
✓ Mature Relays, 8 — 15 years old, are having their strongest
fund-raising efforts yet.
✓ Relay For Life now accounts for 30% of ACS annual income.
✓ By 2002-2003, Relay For Life will have raised one billion
dollars to battle cancer. 033
Growth of Relay Communities
3000
2500
w 2000
in
0 1500
0
Z 1000
500
q9S 1gq1gqS ��� 19Ab 10,�
Relay For Life Participation
2,000,000
1,750,000
1,500,000
4d
C
Q 1,250,000
V
t 1,000,000
a
0 7501000
0
Z 500,000
1<
250,000
0
1cgS IN 1qC) t)o tOcl ;tppp
199�. 10, 1q�S
034
023 -
Growth of Relay Income
$175
$150
4A
$125
0
C $100
O
C $75
O
$50
$25
$0
1gg5 ,qqb 10 1e lggq LpOp
1qq�' 1Cos lggb 1qq� "Co"" lggq
RELAY FOR LIFE INCOME 1998-99
Results by Division (Hawaii and Texas broken out)
Division Population Income Per Can
MID WEST
13,500,000
$13,150,000
$ 0.97
SOUTHEAST
18,900,000
$17,800,000
$ 0.94
MID SOUTH
23,300,000
$19,200,000
$ 0.82
MID ATLANTIC
15,000,000
$10,483,293
$ 0.70
HEARTLAND
13,000,000
$7,200,000
$ 0.55
PENNSYLVANIA
12,000,000
$6,600,000
$ 0.55
ILLINOIS
12,000,000
$6,500,000
$ 0.54
GREAT LAKES
15,700,000
$8,500,000
$ 0.54
NORTHWEST
10,500,000
$5,500,000
$ 0.52
Hawaii
1,300,000
$675,000
$ 0.52
NEW ENGLAND
13,400,000
$6,384,275
$ 0.48
OHIO
11,200,000
$4,400,000
$ 0.39
FLORIDA
15,000,000
$4,400,000
$ 0.29
ROCKY MIENS.
8,400,000
$2,100,000
$0.25
TEXAS
19,600,000
$4,147,000
$ 0.21
CALIFORNIA
32,500,000
$4,600,000
$ 0.14
EASTERN
26,200,000
$3,700,000
$ 0.14
Puerto Rico
3,600,000
$400,000
$ 0.11
SOUTHWEST
8,100,000
$786,364
$ 0.10
035
, urvvor5
Dona-I-i
.A--
E Y�f
.r
FIGNf CNICER
�MIHAI�M.M
RELAYO
. r.
' 91
FIGNf UMQR
er
i
036
025
AMERICAN
CANCER
SOCIETY
"Never doubt that a small
A
group of thoughtful,
committed people can
change the world.
Indeed, it is the
only thing that
ever has."
M Margaret Mead
Cap
kow
A-,
AD
4PK
kk
�, .,A
Mission Statement
The American Cancer Society
is the nationwide Community -based
voluntary health organization dedicated
to eliminating cancer as a major health
problem by preventing cancer, saving lives
and diminishing suffering from cancer,
through research, education,
advocacy, and service.
1.
AMERICAN
vpSOG ETEY"'
National Home Office: 1599 Clifton Road, NE • Atlanta, GA 30329
For more information about the Relay For Life, call the
American Cancer Society at: 1-800-ACS-2345
or visit our web site: www.cancer.org
Tjhf 4 4 Qum &
COUNCIL/RDA MEETING DATE: AUGUST 1, 2000
ITEM TITLE:
Demand Register Dated August 1, 2000
AGENDA CATEGORY:
BUSINESS SESSION /
CONSENT CALENDAR
STUDY SESSION
PUBLIC HEARING
RECOMMENDATION: Approve Demand Register Dated August 1, 2000
BACKGROUND:
Prepaid Warrants:
41843 - 418491
60,685.40
41850 - 418541
71,962.04
41855 - 418591
43,478.89
41860 - 41861 }
47,894.33
41862 - 418691
2,827.56
41870 - 418761
34,596.85
Auto Mall Cks}
3,450.00
Wire Transfers)
778,870.37
P/R 5356 - 5427;
86,832.89
P/R Tax Transfers;
24,993.09 CITY DEMANDS
Payable Warrants:
41877 - 41996}
901,091.70 RDA DEMANDS
$2,056,683.12
FISCAL IMPLICATIONS:
Demand of Cash -City $1,163,518.89
$1,163,518.89
893,164.23
$2,056,683.12
CITY OF LA QUINTA
BANK TRANSACTIONS 7/12/00 - 7/26/00
7/2100 WIRE TRANSFER -DEFERRED COMP
7/21/00 WIRE TRANSFER - PERS
7/21/00 WIRE TRANSFER - CREDIT UNION
7/14/00 WIRE TRANSFER - RDA - CATELLUS
$5,731.65
$10,941.72
$6,006.00
$756,191.00
TOTAL WIRE TRANSFERS OUT $778,870.37
2
CITY OF LA QUINTA
AUTO MALL BANK ACCOUNT TRANSACTIONS 4/5/00 - 7/26/00
CHECK #
1028 CITY OF LA QUINTA FOR NICKERSON & ASSOC $3,450.00
TOTAL TRANSACTIONS
$3,450.00
K
ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 3:02PM 07/26/00
CITY OF LA QUINTA BANK ID: DEF PAGE 1
CHECK
NUMBER
CHECK
DATE
VENDOR
NO. NAME
***NO CHECKS WERE USED FOR PRINT ALIGNMENT.***
PAYMENT
AMOUNT
41877
07/26/00
&01135
HAROLD FRAZIER
35.00
41878
07/26/00
&01136
PAMELA HENRY
35.00
41879
07/26/00
&01137
WILLIAM OVERFIELD
50.00
41880
07/26/00
&01138
MARY PETERSON
46.00
41881
07/26/00
&01139
VERNON WINTE
55.00
41882
07/26/00
&01140
PINE MOUNTAIN REAL ESTATE
100.00
41883
07/26/00
ALT050
ALTEC
576.89
41884
07/26/00
AME050
AMERICAN PUBLIC WORKS ASC
137.50
41885
07/26/00
AME200
AMERIPRIDE UNIFORM SVCS
157.99
41886
07/26/00
AND010
ANDERSON TRAVEL SVC INC
259.00
41887
07/26/00
ARC100
ARCH
46.46
41888
07/26/00
ATC010
ATCO MANUFACTURING CO
716.05
41889
07/26/00
AUT040
AUTOMATIC STOREFRONT
103.00
41890
07/26/00
BAL150
ART BALLOY
1008.00
41891
07/26/00
BAN065
BANK OF AMERICA ESCROW
3960.22
41892
07/26/00
BOY075
BOYS & GIRLS CLUB OF
7500.00
41893
07/26/00
BUR090
BURNS INT'L SECURITY SVCS
56.00
41894
07/26/00
CAD010
CADET UNIFORM SUPPLY
206.86
41895
07/26/00
CAL013
CAL ASSOC PARK & RECREATN
165.00
41896
07/26/00
CAL065
CALIF JOINT POWERS INS
16118.00
41897
07/26/00
CAR100
CARDINAL PROMOTIONS
204.46
41898
07/26/00
CAR300
CARQUEST
144.41
41899
07/26/00
CEN010
CENTURY FORMS INC
69.07
41900
07/26/00
COA030
COACHELLA VALLEY INSURANC
14144.66
41901
07/26/00
COM040
COMMERCIAL LIGHTING IND
647.55
41902
07/26/00
C00050
J P COOKE CO, THE
47.58
41903
07/26/00
C00300
VALI COOPER & ASSOC INC
32631.10
41904
07/26/00
COS050
COSTCO BUSINESS DELIVERY
755.15
41905
07/26/00
CRM100
CRM TECH
14580.00
41906
07/26/00
CVA010
C V A G
20474.00
41907
07/26/00
DEN010
DENBOER ENGINEERING AND
3418.00
41908
07/26/00
DEP030
DEPT OF THE INTERIOR
15.00
41909
07/26/00
DES018
DESERT ELECTRIC SUPPLY
63.14
41910
07/26/00
DESO40
DESERT JANITOR SERVICE
4378.50
41911
07/26/00
DES060
DESERT SUN PUBLISHING CO
4384.64
41912
07/26/00
DES065
DESERT TEMPS INC
3468.20
41913
07/26/00
DLO100
DLO ENTERPRISES INC DBA
2387.20
41914
07/26/00
EC0010
E C SEWER SVC INC
20520.00
41915
07/26/00
EDA100
EDA JOB TRAINING
900.00
41916
07/26/00
EVA050
DAVID EVANS & ASSOC INC
8290.07
41917
07/26/00
FED010
FEDERAL EXPRESS CORP
497.44
41918
07/26/00
FIS050
FISHER BUSINESS SYSTEMS
100.21
41919
07/26/00
FRA030
FRANKLIN COVEY
30.34
41920
07/26/00
GAS010
GASCARD INC
266.19
41921
07/26/00
GE0010
GEORGE'S GOODYEAR
372.70
41922
07/26/00
GUM050
BRAD GUMMER `'
1442.00
41923
07/26/00
HAR100
JOHN HARDCASTLE
281.08
042
0
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
3:02PM 07/26/00
CITY OF
LA QUINTA
BANK
ID: DEF
PAGE 2
CHECK
CHECK
VENDOR
PAYMENT
NUMBER
DATE
NO.
NAME
AMOUNT
41924
07/26/00
HIG010
HIGH TECH IRRIGATION INC
8501.76
41925
07/26/00
HIL150
HILTON FARNKOPF &
9057.50
41926
07/26/00
HOM030
HOME DEPOT
1920.12
41927
07/26/00
ICB200
ICBM, INC
20.60
41928
07/26/00
IMP100
IMPACT SCIENCES INC
916.15
41929
07/26/00
INF020
INFORMATION PUBLICATIONS
90.51
41930
07/26/00
INF030
INFORMATION RESOURCES
125.00
41931
07/26/00
INLO50
INLAND EMPIRE BUSINESS
24.00
41932
07/26/00
INT014
INTERNATIONAL COUNCIL OF
1120.00
41933
07/26/00
INT017
INTERNATL ASSC PLUMBING
33.05
41934
07/26/00
INT018
INTERNATIONAL PERSONNEL
226.00
41935
07/26/00
JAS100
JAS PACIFIC
10900.00
41936
07/26/00
JUD010
JUDICIAL DATA SYSTEMS COR.
100.00
41937
07/26/00
KEL010
KELLY SERVICES INC
1950.12
41938
07/26/00
KIN050
KINKO'S
157.79
41939
07/26/00
KIN10.0
KINER/GOODSELL ADVERTISNG
3900.00
41940
07/26/00
KRI100
BRUCE KRIBBS CONSTRUCTION
6236.00
41941
07/26/00
LAQ030
LA QUINTA CAR WASH
39.80
41942
07/26/00
LIV050
LIVING DESERT RESERVE
54.41
41943
07/26/00
L00010
LOCK SHOP INC
20.58
41944
07/26/00
LOG020
MARK LOGAN LANDSCAPE INC
816.67
41945
07/26/00
LUB050
LUBE SHOP
53.34
41946
07/26/00
LUC050
LUCENT TECHNOLOGIES
69.95
41947
07/26/00
MCK010
McKESSON WATER PRODUCTS
121.25
41948
07/26/00
MIR010
MIRASOFT INC
14818.16
41949
07/26/00
MOM100
MOM'S GAS STATION
762.93
41950
07/26/00
MUN010
MUNI FINANCIAL SERV INC
8856.66
41951
07/26/00
NAT004
NATIONAL ARBOR DAY FOUND
50.00
41952
07/26/00
NAT031
NATIONAL RECREATION/PARK
370.00
41953
07/26/00
NAW010
RON NAWROCKI
2000.00
41954
07/26/00
NES010
WALLACE NESBIT
46.40
41955
07/26/00
NEX010
NEXTEL COMMUNICATIONS
2858.33
41956
07/26/00
NIC101
NICKERSON & ASSOCIATES
6685.00
41957
07/26/00
OFF005
OFFICE DEPOT INC
204.70
41958
07/26/00
POW100
POWERS AWARDS
59.80
41959
07/26/00
PRE005
PREMIERE PROPERTY SERVICE
1000.00
41960
07/26/00
PRI020
THE PRINTING PLACE
193.95
41961
07/26/00
RAP050
RAPID DATA INC
178.47
41962
07/26/00
RAS020
RASA - ERIC NELSON
1700.00
41963
07/26/00
RIV020
RIV CNTY AUDITOR-CONTROLR
30.00
41964
07/26/00
RIV089
RIVERSIDE COUNTY RECORDER
10.00
41965
07/26/00
RIV100
RIVERSIDE COUNTY SHERIFFS
531629.89
41966
07/26/00
RIV101
RIV COUNTY SHERIFF/INDIO
722.71
41967
07/26/00
RUT050
RUTAN & TUCKER
1*7724.84
41968
07/26/00
SAX100
SAXON ENGINEERING SERVICE
4200.00
41969
07/26/00
SKY200
SKYTEL
15.21
41970
07/26/00
SOCO10
THE SOCO GROUP INC
124.09
41971
07/26/00
SOU007
SOUTHWEST NETWORKS, INC
4-853.82
41972
07/26/00
SPL100
RON SPLUDE
380.80
043
5
ACCOUNTS PAYABLE - AP5005 CHECK REGISTER
CITY OF LA QUINTA BANK ID: DEF
02PM 07/26/00
PAGE 3
CHECK CHECK VENDOR
NUMBER DATE NO. NAME
PAYMENT
AMOUNT
41973
07/26/00
STA050
STAPLES
433.50
41974
07/26/00
STA065
STATE HUMANE ASSN
119.83
41975
07/26/00
STA150
STATER BROS
78.16
41976
07/26/00
ST0100
STORIGHT SYSTEMS LTD
1344.30
41977
07/26/00
TER100
TERRA NOVA PLANNING &
1851.87
41978
07/26/00
TOP010
TOPS'N BARRICADES INC
289.74
41979
07/26/00
TRI010
TRI LAKE CONSULTANTS INC
23760.00
41980
07/26/00
TRU010
TRULY NOLEN INC
231.00
41981
07/26/00
USB100
US BANK
5414.90
41982
07/26/00
USB200
US BANCORP
5000.00
41983
07/26/00
USO100
US OFFICE PRODUCTS
817.55
41984
07/26/00
UUN100
UUNET
4901.80
41985
07/26/00
VAN075
VANDORPE CHOU ASSOC INC
2362.50
41986
07/26/00
VID050
VIDEO DEPOT
33.75
41987
07/26/00
VONO10
VON'S C/O SAFEWAY INC
52.10
41988
07/26/00
WALO10
WAL MART STORES INC
173.28
41989
07/26/00
WES020
WEST GROUP
75.16
41990
07/26/00
WHE050
WHEELER'S
1245.00
41991
07/26/00
WIL035
WILLIAMS TILE INC
64.65
41992
07/26/00
WINO10
WINSTON TIRES
14.40
41993
07/26/00
WOO100
DEBBIE WOODRUFF
46.02
41994
07/26/00
XERO10
XEROX CORPORATION
1985.19
41995
07/26/00
YEA100
E.L. YEAGER CONST CO INC
35641.98
41996
07/26/00
YOU100
YOUNG ENGINEERING SERVICE
3380.00
CHECK TOTAL 901,091.70
RE
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22
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER 10:13AM
07/21/00
CITY OF
LA QUINTA
BANK
ID: DEF
PAGE 1
CHECK
CHECK
VENDOR
PAYMENT
NUMBER
DATE
NO.
NAME
AMOUNT
***NO CHECKS
WERE USED
FOR PRINT ALIGNMENT.***
41870
07/21/00
COA080
COACHELLA VALLEY WATER
14784.78
41871
07/21/00
GTE010
GTE CALIFORNIA
127.69
41872
07/21/00
HEN050
TERRY HENDERSON
1200.00
41873
07/21/00
IMPO10
IMPERIAL IRRIGATION DIST
15969.33
41874
07/21/00
LUS100
WARNER C LUSARDI, TRUSTEE
1105.61
41875
07/21/00
SOU002
SOUL OF CHINA
238.44
41876
07/21/00
USD200
US DEPT OF THE INTERIOR
1171.00
CHECK TOTAL 34,596.85
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25
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
CITY OF
LA QUINTA
BANK
ID: DEF
CHECK
CHECK
VENDOR
NUMBER
DATE
NO.
NAME
***NO CHECKS
WERE USED
FOR PRINT ALIGNMENT.***
41862
07/20/00
CES100
CESA-IR
41863
07/20/00
ICB010
ICBO
41864
07/20/00
INT005
INTERNAL REVENUE SVC-ACS
41865
07/20/00
LAQ050
LA QUINTA CITY EMPLOYEES
41866
07/20/00
LAQ051
LA QUINTA CLIFFHOUSE
41867
07/20/00
RIV040
RIV CNTY DISTRICT ATTORNY
41868
07/20/00
SUP100
SUPPORT PAYMENT CLEARING-
41869
07/20/00
UNI005
UNITED WAY OF THE DESERT
CHECK TOTAL
2:24PM 07/20/00
PAGE 1
PAYMENT
AMOUNT
275.00
350.00
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364.00
995.56
493.00
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ACCOUNTS PAYABLE - AP5005 CHECK REGISTER
CITY OF LA QUINTA BANK ID: DEF
CHECK CHECK VENDOR
NUMBER DATE NO. NAME
***NO CHECKS WERE USED FOR PRINT ALIGNMENT.***
41860 07/19/00 HOM031 HOME DEPOT
41861 07/19/00 PET005 CASH/PETTY CASH
CHECK TOTAL
09:18AM 07/19/00
PAGE 1
PAYMENT
AMOUNT
47522.40
371.93
47,894.33
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29
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER
CITY OF
LA QUINTA
BANK
ID: DEF
CHECK
CHECK
VENDOR
NUMBER
DATE
NO.
NAME
***NO CHECKS
WERE USED
FOR PRINT ALIGNMENT.***
41855
07/18/00
AME075
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41856
07/18/00
HON050
DAWN C HONEYWELL
41857
07/18/00
IMPO10
IMPERIAL IRRIGATION DIST
41858
07/18/00
PAG100
PAGING NETWORK SAN DIEGO
41859
07/18/00
SAW030
SAWDUST FESTIVAL
CHECK TOTAL
11:03AM 07/18/00
PAGE 1
PAYMENT
AMOUNT
35.00
40000.00
3104.46
209.43
130.00
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ACCOUNTS PAYABLE - AP5005
CITY OF LA QUINTA
CHECK REGISTER
BANK ID: DEF
09:56AM 07/14/00
PAGE 1
CHECK
CHECK
VENDOR
NUMBER
DATE
NO.
NAME
***NO CHECKS
WERE USED
FOR PRINT ALIGNMENT.***
41850
07/14/00
COA081
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41851
07/14/00
DEN010
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41852
07/14/00
GTE010
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41853
07/14/00
MCM060
MCMILLAN INSTITUTE
41854
07/14/00
SAN025
SAN DIEGO HUMANE SOCIETY
CHECK TOTAL
PAYMENT
AMOUNT
40425.00
30762.00
303.04
417.00
55.00
71,962.04
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33
ACCOUNTS
PAYABLE - AP5005
CHECK
REGISTER 11:50AM
07/12/00
CITY OF
LA QUINTA
BANK
ID: DEF
PAGE 1
CHECK
CHECK
VENDOR
PAYMENT
NUMBER
DATE
NO.
NAME
AMOUNT
***NO CHECKS
WERE USED
FOR PRINT ALIGNMENT.***
41843
07/12/00
CAL040
CALIFORNIA VISION SERVICE
1130.55
41844
07/12/00
CAN050
CANADA LIFE ASSURANCE CO
516.93
41845
07/12/00
DEP008
DEPT OF CONSERVATION
8704.18
41846
07/12/00
GTE010
GTE CALIFORNIA
435.95
41847
07/12/00
IMP010
IMPERIAL IRRIGATION DIST
276.76
41848
07/12/00
PRI050
PRINCIPAL MUTUAL
49567.55
41849
07/12/00
TRA030
TRANSAMERICA INSURANCE
53.48
CHECK TOTAL 60,685.40
34
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0713
35
Tiiy,, "F4Q"
COUNCIL/RDA MEETING DATE: August 1, 2000
Authorization for Overnight Travel for an Animal Control/
Code Compliance Officer to Attend an Animal Law
Enforcement Training Academy Given by The San Diego
Humane Society and S.P.C.A., in San Diego, CA,
August 9 through 11 and August 14 through 18, 2000
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Approve authorization for overnight travel for an Animal Control/Code Compliance
Officer to attend an Animal Law Enforcement Training Academy Given by The San
Diego Humane Society and S.P.C.A., in San Diego, CA, August 9 through 11 and
August 14 through 18, 2000.
FISCAL IMPLICATIONS:
The training will be funded from Travel, Training and Meetings Account #101-353-637-
000. The breakdown of estimated expenditures for this class is as follows:
♦ Registration
$ 55
♦ Meals
210
♦ *Travel
♦ Hotel
700
♦ Parking
14
♦ Class Manual
6
Tota 1
$ 985
*(Will use a city vehicle)
CHARTER CITY IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
This 64 hour course covers topics such as animal care, laws of evidence, courtroom
testimony, laws of arrest, animal fighting, report writing, etc. This course meets the
requirements for Humane Officer appointment under California Corporate Code 14502.
Please refer to the attached program outline (Attachment 1).
074
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve authorization for overnight travel for an Animal Control/Code
Compliance Officer to Attend an Animal Law Enforcement Training Academy
Given by The San Diego Humane Society and S.P.C.A., in San Diego, CA, August
9 through 11 and August 14 through 18, 2000; or
2. Do not approve the request for overnight travel; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung, Building aKd Safety Director
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Academy overview showing training subjects
075
002
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ATTACHMENT 1
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T4',t 4 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
mm TITLE: Acceptance of Improvements Associated
with Tract 25363-1, Century Homes STUDY SESSION:
PUBLIC HEARING:
Accept improvements to Tract 25363-1 and authorize staff to release security upon
receiving warranty security.
Acceptance of the improvements will impact the General Fund as follows:
Maintenance and street sweeping is estimated to be $300 annually.
None.
This Century Homes subdivision is located south of Miles Avenue and east of Adams
Street (Attachment 1). All improvements are now complete and other obligations of
the Subdivision Improvement Agreement have been satisfied. Included as Attachment
2 is a spreadsheet indicating security to be released after the City receives the
warranty security.
The alternatives available to the City Council include:
1. Accept improvements to Tract 25363-1 and authorize staff to release security
upon receiving warranty security; or
2. Provide staff with alternative direction.
0iP
TAPW DEMCOUNCI L\2000\000801 f. wpd
Respectfully submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Security Outline
079
T:\PWDEPT\COU NCIL\2000\000801 f. wpd
002
ATTACHMENT 1
MILES AVENUE
INACT z
:Z, Lj�
0 z
.Q Z)
ESMT ymr vu rO LIM
WCLVITY MAP
NO SCALE
i
f:r
001.
ATTACHMENT 2
TRACT 25363-1
Performance
Payment
Warranty
Improvement
Security
Security
Security
Grading
$227,221
$227,221
$22,722
Storm Drain & Basin
$97 ,903
$97 ,903
$9,790
Sewer
$53,969
$53,969
$5,397
Water
$101,114
$101,114
$10,111
Streets
$288,732
$288,732
$28,873
Electrical
$62,483
$62,483
$6,248
Miles & Adams Signal
$7,500
$0
$0
Monuments
$6,820
$0
$0
$845,742
$831,422
$83,141
Adams & Westward Ho Traffic Signal (deferred) $7,500
Retain full amount of deferred improvement security until improvements are
constructed. Release performance security when warranty security is received.
Release payment security in 90 days (November 1,2000). Release warranty security
in one year (August 1, 2001).
T:\PWDEPT\COUNCIL\2000\000801f.wpd
T44 "F4Q"
COUNCIL/RDA MEETING DATE: August 1, 2000
ITEM TITLE: Adoption of a Resolution Granting
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Tract 28409, The
Adobes
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council granting conditional approval of a Final Map and
Subdivision Improvement Agreement for Tract 28409, The Adobes.
None.
None.
Tract 28409 is located at the north end of the cove, north of Avenida Montezuma
(Attachment 1), and consists of 19 residential lots (Attachment 2).
The developer has requested the City Council's conditional approval of the Final Map
which will allow 30 days for completion of its processing. As of July 25, 2000, City
staff has not received approval of the Final Map from the City's Acting Surveyor;
however, it is expected that a technically correct map will be submitted within the
time allowed with its conditional approval. A Subdivision Improvement Agreement has
been executed by the developer (Attachment 3); however, the associated securities
have not been received.
As a result, City staff has prepared the attached Resolution which provides for
conditional approval of the Final Map and Subdivision Improvement Agreement. The
approval is contingent upon receipt, within 30 days (August 31, 2000), of a
technically correct Final Map suitable for recording by the County Recorder with all
required signatures except for the City Clerk.
TAPW DEPT\COUNCI L\2000\000801 j. wpd
Once these items are received, the City Clerk will affix the City Seal to the Final Map
and offer the final map for recording by the County Recorder. If any of the required
items are not received by City staff within the specified time frame, the Final Map will
be considered disapproved and will be rescheduled for City Council consideration only
after all required items have been received.
The developer has demonstrated to City staff that sufficient progress has been made
with the documents required for conditional final map approval.
The alternatives available to the City Council include:
Adopt a Resolution of the City Council granting conditional approval of a Final
Map and Subdivision Improvement Agreement for Tract 28409, The Adobes;
or
2. Do not adopt a Resolution of the City Council granting conditional approval of
a Final Map and Subdivision Improvement Agreement for Tract 28409, The
Adobes; or
3. Provide staff with alternative direction.
Respectfully submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
l
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Tract Map
3. Subdivision Improvement Agreement
00,12"
TAMDEMCOUNCIL\2000\000801 j. wpd
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING
CONDITIONAL FINAL MAP APPROVAL OF TRACT 28409, AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION
OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL
WHEREAS, the City Council conducts only two regular meetings per month and
the time interval between these meetings occasionally creates an undue hardship for
business enterprises and individuals seeking approval of subdivision maps, and
WHEREAS, the City Council as a matter of policy allows a subdivider to have
city staff present the map for approval consideration when the requisite items
necessary for final map approval are nearly, but not completely, finished thus yielding
to the subdivider additional production time for preparation of those items, and
WHEREAS, the subdivider has demonstrated to city staff and the City Council
that it has made sufficient progress with items required for final map approval, and it
is reasonable to expect the subdivider to satisfactorily complete the items, including
city staff review time, within thirty (30) days without adversely impacting other
ongoing work commitments of city staff, and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City
Council broad authority to authorize time extensions regarding final map approval, or
disapproval, upon receiving it for consideration, and
WHEREAS, the City Council relies on professional city staff to review all
required items for conformance with relevant requirements, and it is therefore
appropriate for the City Council to approve the final map subject to review and
confirmation of the required items by professional city staff, within a reasonable period
of time as specified by the City Council.
NOW, THEREFORE, the City Council of La Quinta does hereby find, determine,
order and resolve as follows:
Section 1. The final map for Tract 28409 is conditionally approved provided the
subdivider submits all required items on or before August 31, 2000.
Section 2. The City Council's approval of the final map shall not be considered
valid until the City Engineer has signed the map indicating that it conforms with the
tentative map, the Subdivision Map Act and all ordinances of the City.
Section 3. The City Engineer shall withhold his signature from the map until the 084
subdivider has completed the following requirements to the City Engineer's
satisfaction. 00 `
A. Produced a technically correct drawing of the map area that is suitable
for recording by the County Recorder
B. Has obtained all requisite signatures on the map title page, except for the
City Clerk's signature.
Section 4. The City Clerk shall withhold affixing the City Seal to the map title
page, along with her attesting signature, until the City Engineer has signed the map.
Section 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on
August 31, 2000. If the subdivider has not satisfied the requirements in Section 3,
herein, by the expiration deadline, the final map shall be considered disapproved.
Disapproval does not deny any rights the subdivider may have under the Map Act to
resubmit the final map for approval, or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this 1st day of August, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PEIVA, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
085
M. Katherine Jenson
City Attorney
004
IN THE CITY OF LA OUINTA. COUNTY OF RIVERSIOE, STATE OF CAUFORNIA
TENTATIVE TRACT MAP NO. 28409 OWNER/APPLICANT
PORTION OF THE SOUTHWEST 1/4 OF SECTION 1, TA S., RA E.. S.B.M. `u'rm a`wao..wna
os. r.t n w,a
ENGINEER/PLANNER
M .�
Yp17EZWA AYQAIE LOT LOT
TYPICAL SEVnM TYPICAL SECIm ` TWWAL SEC"
ZONINGAAND USE
i .waao wo..e ,�a.a
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I �; / " / Gov ' X'►
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O
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
want,s s,.�
U LUDEV M HAT IE ARE TE OLDEN OF TAM LAND
WE HEREBY
WTIIIIN TE SUBDIVISION SHDRR HIER®H; TINT .E � : �
GDASENT IS NECESSARY TO PASS-., �/`'
.
'
TRACT MAP N 0. 28409.
ARE TE UM.Y msm ensc
A CLERK T'IIIE ID SAID tAlO; TINT WE CO BRINE TO ME MAKIN(,'
AHD RRIRDING OF TNIS -SUBTVISIUI MAP AS SNOW &N '
THE DtsrnNLTTYE BOnDER WE. WE HERFaY REr4m TDIS "� �'
'BEING A SUBDIVISIMOF A PORTION OF THE SOUTHWEST ONE —QUARTER OF SECTION i,
ARID "1" IIDICATM AS "PRIVATE STRFEW AND-IDM"'C" AM A
1 -BENEFTI
(u5P�WIDE PASEBRSE
TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND A
PON � so� OF
OUR BNDassols, A$SIaw LOT OWNERS WITHIN THEE TRACT.
PORTION OF -LOT A OF UNIT NO.2 OF SANTA CARMELITA AT VALE LA OUINTA AS SHOWN
ME = OF LOPS 11 makAND 18 INCWSIVL. SFWL HAVE ID
ACCESS RE m AVEfIDA MCNTE2NRMNA ELt><7!T THE CEDAAL -
ON MAP IN BOOK 18 PAGES 55 AND 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE
FASEiNT OP TRAVEL. WE HAY OFFER FOR DFDICATTm m
TDE IMMRla IRIG ION DLSERICf AM PAsaefll am LOTS "e
OF CALIFORNIA
AND 'Ys- BLOW ON THIN NAP AND AN ADDITIQNL. TEN (10) Fffi'
• IN WIImI OR NOUN SIDES AND ADJACENT'. TO IUIS "A" AND "S
CITY CLERK'S STATEMENT .
SLOW ON THIN MAP, FOR THE EXCAVATION, LAYING, CONSTRUCTION,
I, SAUDRA L. JLEM, CITY CLERK OF THE Cr1Y OE IA QMM
INSTALLATION, Wmer NIECE, OPERATION, 175RCITUP, REPAIR,
REPLACEMENT, AND REMOVAL OF ELECTRICAL AIRS. WINES, CABLES.
DO AIRM STRTE TINT THIS MAP WAS PN[5OTID TO THE CORRICT. OF
SAID CITY OF IA 9MMk AT ITS REGULAR M@TE HMD ON THE '
DUCTS &WORTS FIE =, FACILITIES AND APPRTIIAN=
WITH 'hi RIGHT SF INGRESS AND FM OVER AID I1I11@i SAME
DAY OF 1" AND THEREUPON SAID CITY COIAIC�
BY AN ummK UELY AIRRDVE SAID NAP AND WERE DOES ACCEPT
FOR MAD49fANCE OPERATIVE AND D'FPGFNCI YELTSILS, s HEREBY
OFm FOR DEDIOmol TO THE CITY OF IA CUINTA AN FASE?e7N:l'
THE OFFERS OF DEDICATION OF IUIS "A", -B" NO'S," AS DIDIGLTED
� HOIIDR, AID AL9D 1lO1ERY A�15 THE L\SBaIT PM PUBLIC UI'f11m
POE PUBLIC UTILITIES AND TRAIMAGE OWNS ICUS "A 'R" AID "C"
MAP AND AN ADDITIONAL TER (10) ERL'Y IN WIDTH
OVER AIL'UQ PRIVATE ST119 AND AN ADDYTMOAL TER (10 FEET' ON
W THE
SH1W ON ILLS
- ON FAUN SIDE AND' ABUTTING SAID SEEMS FOR THE EXCAVATION,
EACH SIDE SAID PRIVATE SIBEITS AS DEDICATED ON MAP iORmI.
AID ALSO HEM AOMP1S THE RPSIRECIED ACCESS OF. LOPS U THROW
LAYING, CORSTRIXTION, INSTALLATION, MAIRDRUNCE, OPERATION,
18 INODSTVE AS DEDICATED TERM. THE TE:lAIM PAP PUM SAID
INSPECTLUM, REPAIR. REPLACEMENT AND RDWAL OF PUBLIC UTILITY
FACILITIESND ApPAR1IIANvLS, WITH THE RIGHTOF INGRESS AND
TRACE. PAP WASAPPROVED BY THE PLANNING CO MSSIDL AT ITS REGULAR
mmm HELD UN TE /e �- MY or ~zMOE.. . 1"-L.
DRESS OVER Am WLTImI SAME PUR M mmwAmm, —Tim Am
EHEROBRCR VBDU15. WE ALSO HEREBY DIVICKM TO THIS
COACHE LA VALLEY WATER DLSIMCT, EASEMENTS OVER LmS "A"
DATED:
SMMM L. •
AND '7i' FOR DOfSTTC HIYfII AID SANTTAITON PURPOSES. 7m
.
EK-OFYICDD CLERK
A;aewo a. eRmtr�YRe DNQIDE TE RIGHT TO INTER UPON SAID
.
TAIN, OPERATE, Off•, USE AND REM PIrEL.DFS, rI1C11A:rd
AND APPNIDMNUS, AND TD REO9E OBJECTS INTERFERING WITH
THE CGlIS1E1L7TGN. OPE/RATION AtDI1 IMIIPIE"lt ''E m lA1
/ /OM 0. C44.4ew6 e. namsl'•
WLlllri D. c&Udso'md Lym R. QaswevatatR OE tly EseifIP 13857
of Chin A Brio, -phy. —idf " ty, A—.-"�
MUTANT AOOW[IDCBRNT lr
STATE OF CALIFORNIA S.S.
mIRIIY.or RIVBLSIDE
cm.3A B �sBEORE HE, .
TO BE'DE PERSON (S) YQSE NNE(S) WAKE SUBS4lIBED TO THE WTIImN MRSTR"off AM
ACRDIdAX:M TN MB TNT IE/SB'./IHEY EOT7TFD LIE SAKE ]N HIS/16A/D6Q SIUATEE(S)
UN 'IIE INSTRPQf[ TFE PERSONS) CA TIE ELNTITY UPON BEWF OF IdTCH TE PERSON(S) xm,
LOEOTID THE IRSTRIRES.
W1TE45 MIY 1111111111111
SICPAtIRE: MY.NT•lISSIUI EPDMSs
c STATE oeAPE.;,. o
tRLNFD NREP
MY PRINCIPAL PUSS OF BSItNSS Is INs VdISLaG oORN1Y
a aissr�
NOTARY ICON] GEMNT ,4•
STATE OP A
COUNTY OF Dao•r ; S.S.
a IUA.RA BEREIE,��. .. k fIU Li4M( •. POL ALLY APPEARED
77 BACKA ORLIECED R TA HEREON (S) f1E6'6 MOWS) WAYS SUBSCRIBED TO THE WITHIN 1NSTIlMfI AND
US =-EN'lERfEIlID HE ;PERsdf(� S)Q THE SMITTY N NMEnCUTED INE SAME INF OAF SAM THE PERSON(S)S)
A®, Emwm 7M LR6TIBQR.
WTT IsS MY NMI
SISRIIILRL : --� `7! IMum s.� MY OOPESSDOP. E TIRES$ .
RINLID LANES
MY MUMIAL PLACE OF MZUEZb lb y—Fi=r G INI E ri
r.
CD 00
Q
TAR BOND CERTIFICATE
I HEREBY CERTIFY THAT A BUD IN TIE SW a HAS am
E 001YED AND FILED WITH 7}E EDAM Q W
RIVESME, STATE OF CALIFORNIA, WOMCM IRON THE PAYAW OF ALL
TAXES, STATE, COUNTY, MUNICIPAL OR LOM, AND ALL SPECIAL ASSESSMENTSmu=m AS TANKS WHICH AT TE TIME or FE.IDG OF 'IIIIS WITH TE COUNTY
REOOIDER ARE A LIEN WAD6T SAID PR@ L. BUr4KT YET PAYABLE, AND SAID
BOND HAS am DULY APPROVED BY SAID SRAM Q S PENISOIS.
DATED: . I" CASH TAR am
RED GEAA. MNONEY PAL. PC DONEL
CLERK OF THE BEAM OF SUPERVISORS CONY TAR COLLJClpI .
M
BY
TAR COLLECTOR'S CERTTIFICATE
I HUM CERTIFY THAT AO== TO THE RBI M Or THIS OFFECE AS OF
IMIS DATE, THE ARE NO LZIS ALUM THE PEIPBTY SIDW TN TFIE WITHIN
MAP AS UNPAID STATE, COUTY, MUNICIPAL OR LOCAL UUM OR SPECIAL
ASSESSMENTS COLIJITED AS 'dNDAS, EX�I TARES Q SPBCDIL
COTLECIID AS TAXES NOW ALIEN BET UDR YET' PAYABLE, 4EU1 ARE ESYDA'IED
m BE 1
DATED: PAUL !C DURMIL,. COLRUY TRK axis=
CERTIFICATE OF ACCEPTANCE
7IE DPERIAL IRRICATIUM DISTRICT, AI IRRICATTCH DISTRICT, mff=
AmRP15 THE
OEDIUSTWN OF FASBQN6 NT ONES OF THE BOARD OF
DIAELIURS OF SAID DISLMQ AS PER RESOLUTION NO. 15-90, DATED
MARCO 22, 1990, AND ME GRRNIS CONSISTS 70 REXURDATTOH.
UlAUH1A lOf Sons .
CERTIFICATE OF ACCEPTANCE
I Hmw CERTIFY TAT OLDER ARTIERrTY GRANTED TO ME BY RPSUURIOB
00. 78-248, DATED SEPTBRER 12,1971, I ACCCEPT. ON BEHALF OF THE
COWI2LA VALLEY WATER DISTRICT THE OIDICATUI OF OLgN 6
FOR DOMESTIC WATER AND SMDTATION PRPOSE9 AS OFFERED HEREON.
DATED:0/s/pl °" 6!llifAi;;iIl;
OOAGMELA VALLEY WATER DISRRICY
SMEETLOF4 SHEETS
RECORDER'S STATEMENT
FILED THIS DAY OF 199 , AT
IN B F MAPS' -'I
0 T AQ THTEAREVUEST-07-THE CITY CLERK
IN
NO.
FEE
G,d,Pk"L. ORSO, COUNTY RECORDER
BYS DEPUTY
SUBDIVISION GUARANTEE
FIRST A GMICiIN TIDE COMPANY
CITY ENGINEER'S STATEMENT'
I HEREBY STRTE THAT I HAVE EXAMINED THE WITHIN PAP OF TRACT
HD. MM CONSISTING OF 6 SHEETS . THAT ?ME SUBDIVISION SHDAI
HEREON IS SUESGTHENITALYY TSAM AS IT APPEARED ON THE TEl1'ATTVE
MAP OR APMDVFD ALT7RAMONS ]HEREOF. TNT ALL PROVISIONS OF
STATE SUBDIVISION ACT AND LOCAL ORDINANCES HAVE SEEN 034PLM
WITH.
CITY SURVEYOR'S STATEMENT
I HERFDY• STATE THAT I HAVE Ewim TE WYDmI PAP W TRACT NO.
28409 CU/SImm OP 4 SETS AND I NM SATISFIED TNT SAID NAP
IS TECIomwa Cw=, .
DATE: BY
PIS 5363 EKE. '9/30/0/
ENCINEER'S STATEMENT
I HEREBY STATE THAT -I AM A REGISTERED CIVIL ENGINEER
OF THE STATE OF CALIFORNIA AND THAT THIS MAP CONSIST-
ING OF 4 SHEETS CORRECTLY REPRESENTS A SURVEY MADE
CY VEF UNDER MY SUPERVISION DURING OCT'OBER OF 1997E THAT ALL
MONUMENTS SHOWN HEREON ACTUALLY EXIST AND THEIR
m ;•U' Af• '¢ POSITIONS ARE CORRECTLY SHOW, OR VIU-31 IN ACCORDANCE
1;< Rs IIS7l ie" WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE .MAP. _
THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY
TO BE RETRACED. THE SURVEY IS TRUE AIM. COMPLETE AS
KfAGnA, Ad SHOWN.
+� of DATED:,ZLz/-Vj ZN/..�i•..»•>�..�
EEP. 3/31/01
SIGNATURE OMISSIONS
PURSUANT TO SECTION 66436. OF THE SUBDIVISION- D
NAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS
01, EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN
OMITTEDI
A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY�
THE AUTHORITY OF THE UNITED STATES. AS. RESERVED IN D
UNITED STATES PATENT It" MARCfI 19, 1930 IN
BOOK 9 PACE 440 OF PATENTS, RECORDS 0! IIVERSIDL
COUNTY, CALIFORNIA.
2
SHEET 2 OF 4 SHEETS
IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 28409
Fa 1rr IP ' F RG RET. eEMGm
. - AMD SET ]/. TAGGED RCE 176i1
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST ONE —QUARTER OF SECTION 1 aA as'f i 7
TOWNSHIP 6 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND A
PORTION OF LOT A OF UNIT N0..2 OF SANTA CARMEUTA AT VALE LA QUINTA AS SHOWN.
ON MAPS IN BOOK 18 PAGES 55 AND 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
STATE OF CALIF0RNIA
FITCH ENGINEERS, INC. ` SCALE: 1 "=80' ` �M1b•+9,, o"��
p 40 60 I80 t.0 JtG jCUR'A D IU AN 9''O,li�`Q �. �• r ?
OB'32 31 500.00 37.09 2&58 \ T•` �y,��,. I i 5 W? wA
16'S126 77.00 t69.78 83.30 `` .n s
SCALE I OVO4 80 FEET oD 47.49 23.75tOW Oa 1850.00 325.1o9ro3 ss Ia50.00 29271 146.58NOTES• 071412 teso.00
• INDICATES FO. i' IP NO TAG. IN LIEU OF CONCRETE MONUMENTS
PER UNIT NO. 2 SANTA CARMEUTA AT VALE LA QUINTA M.B. Sgfi. OAS G+` 1N5t j 5`gT'1• alb by Q
18/55-56 UNLESS OTHERINSE NOTED. 261 L1EOf1N tl 9• H
p INDICATES SET 1' IP FLUSH TAGGED R.C.E. 12571 �gTfL+1V' gt�h��vOPt. 6 ,/Gj o�
DENES OTRECORD PER Y.B. 18/55-56 UNLESS OTHERVASE NOTED. gAOg� CN,NLE 16' 1q9 1 N4916'"�j
M Ory\��� �4
P.U.E. PUBLIC UTILITY EASEMENT DEDICATED HEREON. 'l ";i NO 5%415SNtf• \\ HAT' / 10
BASIS OF BEARINGS FOR THIS MAP IS N74'26'09'E ON THE CENTERLINE \ Z VASt.C�at •CM \I +6 �� ¢ I ? �•
AT VALE LA g11N A, M.B. 16/33-58.� UNIT N0. 2 SANTA CARMEUTA \\ 'S
di Pn
THIS TRACT CONTAINS 7.74 AC. GROSS 19 LOTS AND 3 LETTERED LOTS 114 `{T'19. +, CI
lAyALef4LelYelf DENOTES ACCESS RIGHTS REUNOUISHED. \ '� ai+'L�• e ! / " / 7? '
SET OUJ1D k TAG STAMPED RCE 12571 AT FRONT LOT CORNERS. I '
,tsn B.C.'S AND E.C.'S d i I + ++ 73
17 gf. /
e LD) +
NORTHERLY LINE OF AVENIDA MONTEZUMA ESTABLISHED PER �� �. 8 S / / / _ I Igi I Iei +� +\ �• �•
DOCUMENT RECORDED JAN. 13. 1997. INST. NO. 010837. O.R. /
o A
w
o sTau1 GRAM ��—�
LOT .4. PER me
LOT •p•
10 / / IS / ;
1 4 z�
N32'OY23R%
L-551.4
p.t6'33'31� R�1908.0O { i
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/ �2 .7' T-458.54'
E'9089_ mil!`— - -
192.19' s-a.1a50.00•
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IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
TRACT MAP NO. 28409
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST ONE —QUARTER OF SECTION 1
TOWNSHIP 6 SOUTH,. RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND A
PORTION OF LOT A OF UNIT NO. 2 OF SANTA CARMELITA AT VALE LA QUINTA AS SHOWN
ON MAPS IN BOOK 18 PAGES 55 AND 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
STATE OF CAUFORNIA
FITCH ENGINEERS, INC. SCALE: 1 "=50'
0 7! 10 100 '50 200 \ 60•a
1s
SCALE' I /Kw . 10 iiET
\ N17'7of t,p,+d
� 1
� �.t�� st• ` ys,ss�� � 6
ad
NOTE:
SEE SHEET NO. 2 FOR BASS OF 3\ �t �•`� \ \ ,, `j- `\I �, Ny I
BEARING AND LEGEND.
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IN THE CITY OFLA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 °` ` sNEeTs
TRACT MAP NO. 28409
BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST ONE —QUARTER OF SECTION 1
TOWNSHIP 6 SOUTH, .RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND A �2
d PORTION OF LOT A OF . UNIT NO. 2 OF SANTA CARMELITA AT VALE LA QUINTA AS SHOWN
ON MAPS IN BOOK 18 PAGES 55 AND 56 OF MAPS, RECORDS OF RIVERSIDE COUNTY, \
STATE OF CALIFORNIA
NOTE: FITCH ENGINEERS, INC. SCALE: 1 "=50' LOT •C' ,
SEE SHEET NO. 2 FOR BASIS OF
BEARINGS AND LEGEND .. _ �[5'J�• ' 0.12
4 ..
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CITY OF LAQUINTA ATTACHMENT 3
SUBDIVISION IMPROVEMENT AGREEMENT
TRACT 28409
rhF-
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this ZS day
of TicLL, 2000, by and between Jim Dan D, LLC, a California Corporation, hereinafter referred to as
"Subdi� and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to
as "City."
RECITALS:
A. Subdivider has prepared and filed a final map (the "Map") of a unit of land in the City of La Quinta, County
of Riverside, which unit of land is known as Tract No. 28409 (the "Tract") pursuant to the provisions of Section
66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1: Improvement Plans. Subdivider shall furnish original improvement plans meeting the requirements of the
City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and
other improvements required to be constructed or agreed to be constructed under this Agreement as listed in
Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling
of construction shall be as approved by the City Engineer.
3. Improvement Securitv.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the Improvements, payment of
Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory
Improvements"), and payment of plan check and permit fees. A second class of security to be provided by
Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment
and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider,
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a
period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish
performance and payment security per the security schedule identified on Exhibit A attached hereto and made a
part hereof. Subdivider shall provide warranty security after Improvements are complete and accepted by the City
Council and prior to or concurrently with the final release of performance security. Warranty security shall not be
required for Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security
for performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and warranty
security, and in addition to the face amount of each such security, each such security shall include and assure the
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligations thereby secured, including engineering design if the improvement plans were
not complete at the time this agreement was made.
B. Improvement security shall conform with Section 66499 of the California Government Code and one
or more of the following:
91
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. O
Murphy & Kunkle — Tract 28409 Page 1 of 6 01,11
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation
by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability
rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements
of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of
the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available
pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not
present documentation of any type as a condition of payment, including proof of loss. The duration of any such
letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is
provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City
authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to
allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an
appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the
amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate
security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except. as
otherwise set forth in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the
form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of
parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form
and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall
not be required for submittal of warranty security if the warranty security is of the same form and from the same
source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4)
of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution,
the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.13., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real property and administer
the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall
pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improveme" 2
secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
Murphy & Kunkle — Tract 28409 Page 2 of 6 0 2
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements
shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid
by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall
guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements.
Payment security and warranty security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the
written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and
Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated
in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall security
be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten
Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any
improvement agreement.
3) Participatory Improvement security shall be released upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be released
in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives
notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to
acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf
of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable
to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty
Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance
shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by
Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of
Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligatioron
construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6i7
0I 13
Murphy & Kunkle — Tract 28409 Page 3 of 6
6. Completion of Improvements. Subdivider shall construct the Improvements prior to the City receiving a
request for a building permit for any lot within the tract unless an improvement phasing plan is approved by the City
Engineer. If a phasing plan is approved by the City Engineer, Subdivider shall, prior to final approval of any building
for residential occupancy, all off -site improvements, perimeter wall and landscaping, and those on -site
improvements necessary to serve the lot on which the building is located. Any delays in issuance of building permits
or final approvals for final occupancy resulting from failure of Subdivider to complete construction of the
Improvements as outlined in this paragraph shall constitute cause for City, in its sole discretion and when it deems
necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as
necessary to ensure completion of the improvements, and/or to require modifications in the standards or
sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the
Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdivider's obligations
hereunder.
7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the
request or conditionally approve the extension with additions or revisions to the terms and conditions of this
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those
required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient
to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension,
and to provide warranty security on completed Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La
Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been
set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection
monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required
documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with
applicable City standards and specifications, and as provided herein, obligations required by the Conditions of
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual
Improvements constructed. When necessary revisions have been made, each separate sheet of the plansshall
be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped
by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California,
and the plans shall be resubmitted to the City Engineer.
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1)
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work
or labor done, or defective materials furnished; and shall repair or replace such defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section 094
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment
security released.
Murphy & Kunkle — Tract 28409 Page 4 of 6 �' 14
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the obligation,
and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable
attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest,
as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60)
days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors,
administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers,
employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions,
or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance
herein under, including costs of suit and reasonable attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with
or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated
herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.
17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent
postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party
may change its address for notices hereunder by notice to the other given in the manner provided in this
subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs,
executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party
shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall
not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
095
Murphy & Kunkle — Tract 28409 Page 5 of 6 U 1 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
Thomas P. Genovese, City Manager
ATTEST:
City Clerk
SUBDIVIDER:
f
By:
Scott Stokes, Executive Vice President
Reviewed and Approved:
City Engineer
Approved as to Form:
City Attorney
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7075
Date
Jim Dan D, LLC
By: World Development Inc. ; its manager
74-333 Hwy 111 #103
Palm Desert, CA 92260
(760) 568-2955
Date
Date
Date
e
Murphy & Kunkle — Tract 28409
Page 6 of 6 016
6
Exhibit A
SECURITY - TRACT 28409
Improvements designated as "Participatory" have been orwill be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract
and shall not reduce total performance security below the amount necessary to complete the Improvements plus
ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be
granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount
of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Improvement Description
Grading
On -Site Street Improvements
Domestic Water
Sanitary Sewer
Electrical
Monumentation
Performance
$132,500
$280,750
$43,620
$55,218
$57,860
4 000
Totals: $573,948
Labor & Materials
$132,500
$280,750
$43,620
$55,218
$57,860
0
$569,948
091
State of California
County of Riverside
On July 25, 2000 before me, Regenia Hensley Notary Public, personally appeared _
Scott Stokes , proven to me on the basis of satisfactory evidence or to be the person
whose name is subscribed to the within instrument and acknowledged to me thit 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.
WITNESS my hand and official seal.
(Seal)
Document Description: Subdivision Improvement Agreement - Tract 28409
Number of Pages: Six (6) not including Exhibit "A" or the acknowledgment page
WN
018
ceit,,, 4 4 Qum&
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Acceptance of Improvements
Associated with Tract 23935, Century Homes STUDY SESSION:
PUBLIC HEARING:
Accept improvements to Tract 23935 and authorize staff to release security upon
receiving warranty security.
Acceptance of the improvements will impact the General Fund as follows:
Maintenance and street sweeping is estimated to be $225 annually.
Maintenance on the perimeter landscape is estimated to be $1,313 annually.
None.
This Century Homes subdivision is located south of Miles Avenue and east of Adams
Street (Attachment 1). All improvements are now complete and other obligations of
the Subdivision Improvement Agreement have been satisfied. Included as Attachment
2 is a spreadsheet indicating security to be released after the City receives the
warranty security.
The alternatives available to the City Council include:
1 . Accept improvements to Tract 23935 and authorize staff to release security.
upon receiving warranty security; or
2. Provide staff with alternative direction.
MY
TAMDEMCOUNCI02000\000801 h.wpd
Respectfully submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
(� 9�1 � �' - 4 - �.'/
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Security Outline
100
TAMDEMCOUNCIL\2000\000801 h.wpd
002
ATTACHMENT
MILES AVENUE
Ll SITE �\
4
� 46TH AVENUE
VICINITY MAP
NO SCr4L.E
I
101
004
ATTACHMENT 2
TRACT 23935
Performance
Payment
Warranty
Improvement
Security
Security
Security
Grading
$88,800
$44,400
$8,880
Retention Basin (off -site)
$39 ,000
$19,500
$3,900
Sewer
$35,200
$17,600
$3,520
Water
$41,800
$20,900
$4,180
Streets
$1 14,800
$57,400
$1 1,480
Electrical
$37,000
$18,500
$3,700
Wall, Landscape,
$1 14,000
$ 57,000
$1 1,400
Sidewalk at 23935-6, 23935
Site Restoration @
$10,600
$5,300
$1,060
Model Complex
Monuments
$35,200
$0
$0
$516,400
$240,600
$48,120
Release performance security when warranty security is received. Release payment
security in 90 days (November 1,2000). Release warranty security in one year
(August 1, 2001).
102
TAMDEMCOUNCIL\2000\000801 h.wpd
Tit�t 4 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Acceptance of Improvements Associated STUDY SESSION:
with Tract 23935-6, Century Homes
PUBLIC HEARING:
Accept improvements to Tract 23935-6 and authorize staff to release security upon
receiving warranty security.
Acceptance of the improvements will impact the General Fund as follows:
Maintenance and street sweeping is estimated to be $250 annually.
None.
This Century Homes subdivision is located south of Miles Avenue and east of Adams
Street (Attachment 1). All improvements are now complete and other obligations of
the Subdivision Improvement Agreement have been satisfied. Included as Attachment
2 is a spreadsheet indicating security to be released after the City receives the
warranty security.
The alternatives available to the City Council include:
1. Accept improvements to Tract 23935-6 and authorize staff to release security
upon receiving warranty security; or
2. Provide staff with alternative direction.
103
TAPW DEPT\COU NCIL\2000\000801 g.wpd
Respectfully submitted,
Chris A. Vog
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, t1ty Manager
Attachments: 1. Vicinity Map
2. Security Outline
104
TAMDEMCOUNCIL\2000\000801 g.wpd
002
ATTACHMENT 1
W
VICLWY MAP
NO SCr4LE
0
Lai
0
I. Cl�5
004
TRACT 23935-6
Performance
Grading
$65,400
Storm Drain & Basin (off -site)
$35 ,400
Sewer
$47,800
Water
$80,400
Streets
Electrical
Monuments
$155,800
$35,000
$3,200
L�
ATTACHMENT 2
Payment
Security
Warranty
Securit_j-
$32,700
$6,540
$17,700
$3,540
$23,900
$4,780
$40,200 $8,040
$77,900 $15,580
$17,500 $3,500
$0 $0
$209,900 $41,980
Release performance security when warranty security is received. Release payment
security in 90 days (November 1,2000). Release warranty security in one year
(August 1, 2001).
106
005
T:\PWDEPT\COUNCIL\2000\000801 g.wpd
T4ty,, 4 4 Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Adoption of a Resolution Granting STUDY SESSION:
Conditional Approval of a Final Map and Subdivision
Improvement Agreement for Parcel 29288, First PUBLIC HEARING:
School, Inc.
Adopt a Resolution of the City Council granting conditional approval of a Final Map and
Subdivision Improvement Agreement for Parcel Map 29288, First School, Inc.
None.
Parcel 29288 is located on the north side of Miles Avenue, east of Adams Street
(Attachment 1). This Final Map creates 2 parcels (Attachment 2).
The developer has requested City Council's conditional approval of the Final Map,
which will allow 30 days for completion of its processing. As of July 25, 2000, City
staff has not received approval of the Final Map from the City's Acting Surveyor;
however, it is expected that a technically correct map will be submitted within the
time allowed with its conditional approval. A Subdivision Improvement Agreement has
been executed by the developer (Attachment 3); however, associated securities have
not been received.
As a result, City staff has prepared the attached Resolution which provides for
conditional approval of the Final Map and Subdivision Improvement Agreement. The
approval is contingent upon receipt, within 30 days (August 31, 2000), . of a
technically correct Final Map suitable for recording by the County Recorder with all
required signatures except for the City Clerk.
107
T:\PWDEPT\C0UNCIL\2000\000801 k.wpd
Once these items are received, the City Clerk will affix the City Seal to the Final Map,
provide the Subdivision Improvement Agreement for execution by the City Manager,
and offer the Final Map for recording by the County Recorder. If any of the required
items are not received by City staff within the specified time frame, the Final Map will
be considered disapproved, and will be rescheduled for City Council consideration only
after all required items have been received.
The developer has demonstrated to City staff that sufficient progress has been made
with the documents required for conditional final map approval.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council granting conditional approval of a Final
Map and Subdivision Improvement Agreement for Parcel Map 29288, First
School, Inc.; or
2. Do not adopt a Resolution of the City Council granting conditional approval of
a Final Map and Subdivision Improvement Agreement for Parcel Map 29288,
First School, Inc.; or
3. Provide staff with alternative direction.
Respectfully submitted,
Chris A. Vogt 141,
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachment: 1. Vicinity Map
2. Tract Map
3. Subdivision Improvement Agreement
Ong
TAMDEMCOUNCIL\2000\000801 k.wpd
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF LA QUINTA GRANTING
CONDITIONAL FINAL MAP APPROVAL OF PARCEL MAP 29288, AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE
CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL
WHEREAS, the City Council conducts only two regular meetings per month and the
time interval between these meetings occasionally creates an undue hardship for business
enterprises and individuals seeking approval of subdivision maps; and
WHEREAS, the City Council as a matter of policy allows a subdivider to have city staff
present the map for approval consideration when the requisite items necessary for final map
approval are nearly, but not completely, finished thus yielding to the subdivider additional
production time for preparation of those items; and
WHEREAS, the subdivider has demonstrated to city staff and the City Council that it
has made sufficient progress with items required for final map approval, and it is reasonable
to expect the subdivider to satisfactorily complete the items, including city staff review time,
within thirty (30) days without adversely impacting other ongoing work commitments of city
staff; and
WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad
authority to authorize time extensions regarding final map approval, or disapproval, upon
receiving it for consideration; and
WHEREAS, the City Council relies on professional city staff to review all required items
for conformance with relevant requirements, and it is therefore appropriate for the City Council
to approve the final map subject to review and confirmation of the required items by
professional city staff, within a reasonable period of time as specified by the City Council.
NOW, THEREFORE, the City Council of La Quinta does hereby find, determine, order
and resolve as follows:
Section 1. The final map for Parcel 29288 is conditionally approved provided the
subdivider submits all required items on or before August 31, 2000.
Section 2. The City Council's approval of the final map shall not be considered valid
until the City Engineer has signed the map indicating that it conforms with the tentative map,
the Subdivision Map Act and all ordinances of the City.
Section 3. The City Engineer shall withhold his signature from the map until, the
subdivider has completed the following requirements to the City Engineer's satisfaction.
A. Produced a technically correct drawing of the map area that is suitable for
recording by the County Recorder
B. Has obtained all requisite signatures on the map title page, except for the City 109
Clerk's signature.
C. Has submitted to the City security in the amounts and types required by the
Subdivision Improvement Agreement. r)
"'I
Section 4. The City Clerk shall withhold affixing the City Seal to the map title page,
along with her attesting signature, until the City Engineer has signed the map.
Section 5. The time extension for satisfying the requirements of the conditional
approval for this final map shall expire when City offices close for regular business on August
31, 2000. If the subdivider has not satisfied the requirements in Section 3, herein, by the
expiration deadline, the final map shall be considered disapproved. Disapproval does not deny
any rights the subdivider may have under the Map Act to resubmit the final map for approval,
or disapproval.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council,
held on this 1 s` day of August, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. Katherine Jenson
City Attorney
110
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CITY oF LA QUINTA ATTACHMENT 3
SUBDIVISION IMPROVEMENT AGREEMENT
Parcel Map 29288
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this
day of , 20 ,
by and between Dorothy M. Hastings and Mark J. Hastings, hereinafter referred to as "Subdivider," and the City
of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City."
RECITALS:
A. Subdivider has prepared and filed a final map or parcel map (the "Map") of a unit of land in the City of La,
Quinta, County of Riverside, which unit of land is known as Parcel Map 29288 (the "Parcel Map") pursuant to the
provisions of Section 66410, et sec. of the California Government Code (the "Subdivision Map Act").
B. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private
improvements (the "Improvements").
C. The Improvements have not been installed and accepted at this time.
D. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the
Improvements as provided in Section 66462 of the Subdivision Map Act.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish
original improvement plans meeting the requirements of the City Engineer.
2. Improvements. Subdivider shall construct the public and private street, drainage, utility, landscaping, and
other improvements required to be constructed or agreed to be constructed under this Agreement as listed in
Exhibit "A", and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling
of construction shall be as approved by the City Engineer.
3. Improvement Security.
A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security,"
shall assure the faithful performance of this Agreement including construction of the Improvements, payment of
Subdivider's fair share of Improvements which have been or will be constructed by others ("Participatory
Improvements"), and payment of plan check and permit fees. A second class of security to be provided by
Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment
and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider,
hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the Improvements for a
period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish
performance and payment security prior to and as a condition of City Council approval of the Map. Subdivider shall
provide warranty security after Improvements are complete and accepted by the City Council and prior to or
concurrently with the final release of performance security. Warranty security shall not be required for
Monumentation or Participatory Improvements. However, the City may utilize Monumentation Security for
performance of or payment for the work in accordance with the Subdivision Map Act.
As part of the obligation secured by each of the performance security, payment security and warranty
security, and in addition to the face amount of each such security, each such security shall include and assure the
payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in
successfully enforcing the obligations thereby secured.
B. Improvement security shall conform with Section 66499 of the California Government Code and onq 1 ,q
or more of the following: 1 `t
1) A cash deposit with City or a responsible escrow agent or trust company, at City's option.
000
T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29288.wpd Page 1 of 6
2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code,
issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version).
3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation
by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability
rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office).
4) Irrevocable letters of credit, issued by one or more financial institutions meeting the requirements
of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit,
guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of
the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available
pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not
present documentation of any type as a condition of payment, including proof of loss. The duration of any such
letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is
provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City
authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to
allow expiration of the letter of credit.
5) A lien upon the subdivided property, if City finds that it would not be in the public interest to
require the installation of the Improvements sooner than two (2) years after recordation of the final map or parcel
map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the
estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and
improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and
appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues,
and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an
appraisal approved by City.
6) An instrument of credit from an agency of the state, federal or local government, when any
agency of the state, federal, or local government provides at least Twenty Percent (20%) of the financing for the
Improvements.
7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind
approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the
California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company.
C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the
performance security shall equal One Hundred Percent (100%) of the estimated cost of constructing the
Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly
authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the
amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate
security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as
otherwise set forth in Exhibit A.
D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the
form of security provided. Administrative fees shall apply to the subdivision (final map, parcel map or waiver of
parcel map) rather than to individual security instruments. The fees shall be paid separately for each different form
and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall
not be required for submittal of warranty security if the warranty security is of the same form and from the same
source as the performance security it replaces. Administrative fees for security shall be as follows:
1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3.) and 4)
of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution,
the administrative fee shall be One Hundred Fifty Dollars ($150.00).
2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will
prepare lien agreements and subordination agreements, administer valuation of the real property and administer
the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall 1
pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements
secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00).
r; ()
T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29288.wpd Page 2 6
3) For other forms of security listed in Section 3 B, above, there will be no administrative fee.
E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements
shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid
by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall
guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements.
Payment security and warranty security shall not be required for Participatory Improvements.
Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security
guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the
written demand from City, City may present a written demand to Subdivider's Surety for payment of said cash and
Subdivider's Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security.
F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including
non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated
in this Agreement, without express authorization from City unless the surety provides City with sixty (60) days
written notice by registered or certified mail, return receipt requested.
G. Security shall be released in the following manner:
1) Performance security shall be released upon the final completion and acceptance or approval,
by the City Council of the Improvements subject to the provisions of paragraph B.
2) The City Engineer may authorize partial reduction of performance security as work progresses,
upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%)
of the total performance security provided for the faithful performance of the act or work. In no event shall security
be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten
Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any
improvement agreement.
3) Participatory Improvement security shall be released ' upon payment by Subdivider of
Subdivider's share of the cost or estimated cost of the Participatory Improvements.
4) If City receives no notice of recorded claims of lien, labor and materials security shall be released
in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives
notice of any recorded lien, the provisions of the Subdivision Map Act shall apply.
5) Warranty security not utilized during the warranty period shall be released one year after final
acceptance or approval by the City Council of all Tract Improvements. However, if at the end of the one-year
warranty period, there are one or more outstanding requests by City for performance of work or provision of
materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are
satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer.
4. Permits Required. Prior to commencing any phase of work, Subdivider shall obtain all permits required
for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all
provisions of the required permits.
5. Off -site Improvements. When the construction of one or more of the Improvements requires or
necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts
purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best
efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to
acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf
of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable
to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty
Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance
shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by
Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of
Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation tol 1 6+
construct the applicable improvement pursuant to this Agreement or the Conditions of Approval.
U
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T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29288.wpd
6. Completion of Improvements. Subdivider shall begin construction of the Improvements within ninety (90)
days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of
the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit
A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods
shall constitute cause for City, in its sole discretion and when it deems necessary, to declare Subdivider in default
of this agreement, to revise improvement security requirements as necessary to ensure completion of the
improvements, and/or to require modifications in the standards or sequencing of the Improvements in response
to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise
affect the validity of this agreement or Subdivider's obligations hereunder.
7. Force Majeure. In the event that Subdivider is unable to perform within the time limits herein due to
strikes, act of God, or other events beyond Subdivider's control, the time limits for obligations affected by such
events will be extended by the period of such events.
8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time
for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the
request or conditionally approve the extension with additions or revisions to the terms and conditions of this
Agreement.
As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those
required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient
to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension,
and to provide warranty security on completed Improvements.
9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey
monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La
Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been
set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection
monument tie -outs for monuments set in public streets.
10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the
Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be
accompanied by any required certifications from Subdivider's engineers or surveyors, approval letters from other
agencies having jurisdiction over and approval authority for improvements required by this Agreement or the
Conditions of Approval, and any required construction quality documentation not previously submitted.
Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required
documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with
applicable City standards and specifications, and as provided herein, obligations required by the Conditions of
Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in
Paragraph 11, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council.
11. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer,
Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual
Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall
be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped
by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California,
and the plans shall be resubmitted to the City Engineer.
12. Improvement Warranty. Subdivider hereby guarantees the Improvements to City for a period of one (1)
year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work
or labor done, or defective materials furnished, and shall repair or replace such defective work or materials.
13. Release of Security. City shall retain and release securities in accordance with the provisions of Section
3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide
a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment
security released. 11
14. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not
been performed within sixty (60) days after written notice of default from City, then City may perform the obligation, rr-�
k;
Page 4 of 6
FA
and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable
attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest,
as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60)
days shall be deemed waived and all other provisions of this Article shall remain in effect.
15. Indemnification. Subdivider hereby binds itself, its officers, employees, agents, representatives, executors,
administrators, guarantors, heirs, and assigns, and agrees to indemnify, defend and hold City and its officers,
employees, agents, representatives, and assigns harmless from and against any losses, claims, demands, actions,
or causes of action of any nature whatsoever, arising out of or in any way connected with Subdivider's performance
herein under, including costs of suit and reasonable attorneys' fees.
16. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision
of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with
or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated
herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control.
17. Severability. In the event that any provision or provisions of this Agreement are held unenforceable, all
provisions not so held shall remain in full force and effect.
18. General Provisions
A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent
by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated
hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent
postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party
may change its address for notices hereunder by notice to the other given in the manner provided in this
subparagraph.
B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs,
executors, administrators, assigns, and successors of the parties hereto.
C. Neither party to this Agreement relies upon any warranty or representation not contained in this
Agreement.
D. This Agreement shall be governed by and interpreted with respect to the laws of the State of
California.
E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party
shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party.
F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall
not operate as a waiver of any default or of any such rights or remedies provided for hereunder.
T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29288.wpd
:i
13
Page 5 of 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written
above.
CITY:
Thomas P. Genovese, City Manager
ATTEST:
City Clerk
SUBDIVIDER:
By:
Title
By
Title: Trustee for the Hastings Family Trust, Dated 6-19-95
Reviewed and Approved:
City Engineer
Approved as to Form:
City Attorney
Date
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
760/777-7075
Mark and Dorothy Hastings
69-440 McCallum Way
Cathedral City, CA 92234
(760)321-0090
7 2aoa
Date
7-a6-caw o
Date
Date
Date
119
T:\PWDEPT\STAFF\GUZMAN\TRACTS\AGREEMEN.TS\PM29288.wpd
11 (11
Page 6 of 6
Exhibit A
SECURITY - PARCEL MAP 29288
Except as otherwise provided herein, Subdivider shall furnish performance security and labor & materials security
prior to agendization of the Map for approval by the City Council.
Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory
Improvements shall remain in place indefinitely until called upon or released by City.
Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released
as specified in Chapter 4, Article 9 of the Subdivision Map Act.
As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance
security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the tract
and shall not reduce total performance security below the amount necessary to complete the Improvements plus
ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be
granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount
of work completed and the value thereof, shall be made in writing to the City Engineer.
Labor & materials security shall remain in place until 90 days after all required tract improvements are complete
and accepted by the City Council.
Improvement Description . Performance Labor & Materials
Landscaping & Sidewalk 48,674 48,674
Monumentation 1500 0
Total: $50,174 $48,674
120
(1 15
State of California
County of Riverside
On July 20, 2000 before me, Re,genia HensleX Notary Public, personally appeared
Mark J. and Dorothy M. Hastings., proven to me on the basis of satisfactory evidence to be the
person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Document Description: Subdivision Improvement Agreement - Parcel Map 29288
Number of Pages Six (6) - not including acknowledgment
121
0 -. 6
T4t!t 4:W Q"
COUNCIL/RDA MEETING DATE: August 1, 2000
ITEM TITLE: Authorization to Execute a Purchase
Agreement with Caltrans to Acquire a Portion of
Caltrans Right -of -Way at Highway 111 Associated
with the Western City Entrance Monument Location
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: K
STUDY SESSION:
PUBLIC HEARING:
Authorize an appropriation of $3,000.00 from the Art in Public Places Fund (Account
#701-000-255-210) to provide sufficient funding to acquire the parcel of land on
Highway 111 for the western City entrance monument from the California Department
of Transportation (Caltrans);
Authorize the City Manager to execute the Preliminary Change of Ownership Record
and the Option to Purchase Agreement with Caltrans to acquire a portion of Caltrans
owned right-of-way at Highway 111 associated with the western City entrance
monument location; and
Authorize staff to forward the purchase price amount of $3,000.00 to Caltrans to
purchase this parcel.
The following represents the approved project budget and expenditures:
Total Available
Amount
Available
Budget
Expended and/or
Revenue
Committed
$356,713.00
$356,702.77
$10.23
Caltrans is offering to sell the parcel in question to the City for an amount of
$3,000.00. This amount is not available within the project's current budget; however,
sufficient funds are available within the City's Art in Public Places Fund.
122
The project was originally bid with prevailing wage requirements. Therefore, there are
no Charter City implications.
TAMDEMCOUNCIL\2000\000801 b.wpd
On May 16, 1999, the City Council authorized an appropriation in the amount of
$293,1 13 and awarded a contract to construct improvements for Project No. 98-05,
City Entrance Monuments to Jacobsson Engineering Construction, Inc. in the amount
of $257,100 to complete the City Entrance Monuments including Add Alternates for
installation of the water feature and installation of landscape lighting.
On July 6, 1999, Caltrans denied the City an encroachment permit for the City
Entrance Monument just east of Plaza La Quinta. The primary reason for the denial
was due to the potential liability associated with the proposed water feature. To solve
this dilemma the City began exploring the possibility of acquiring the right-of-way
necessary to construct the entrance monument.
On September 7, 1999, the City Council authorized staff to begin the negotiation
process with Caltrans to acquire certain property necessary to construct the proposed
City entrance monument near the vicinity of Plaza La Quinta; authorized an
appropriation of $15,000.00 from the Art in Public Places Account 701-000-255-210
to begin the property acquisition process; authorized staff to deposit an amount of
$15,000.00 with Caltrans to initiate the State right-of-way decertification process;
authorized staff to prepare and forward a letter of assurance to Caltrans stating the
City will not connect a water source to the proposed water feature of the Entrance
Monument until after the City has acquired the property; authorized staff to prepare
and forward a letter of commitment to Caltrans stating the City will be responsible for
any and all future maintenance of the entrance monument; and authorized staff to add
Caltrans as additionally insured under the City's JPIA Liability Insurance coverage for
the City Entrance Monument at the City's west entrance on the south side of Highway
111.
On July 10, 2000, the City received a response from Caltrans regarding the City's
request to purchase a portion of Caltrans right-of-way along Highway 111 for the
City's entrance monument located near Lumpy's. A copy of the Caltrans response
letter with attachments is provided as Attachment 1.
As of this date, all pertinent Caltrans divisions have approved the sale of the requested
property. Caltrans is offering to sell the parcel to the City for $3,000.00. The City
may choose to deposit 10% of the purchase price to secure a purchase option for 30-
60 days, or the City can submit the entire purchase amount and expedite the land
acquisition process. The sale of the property is subject to final approval of the
California Transportation Commission.
Acquiring the property from Caltrans will enable the City to turn on the water feature.
While it is unknown how long it will take, the City will be refunded any leftover funds
from its $15,000.00 "de -certification" deposit. 123
002
TAMDEMCOUNCIL\2000\000801 b.wpd
The alternatives available to the City Council include:
1. Authorize an appropriation of $3,000.00 from the Art in Public Places Fund
(Account #701-000-255-210) to provide sufficient funding to acquire the parcel
of land on Highway 111 for the western City entrance monument from
California Department of Transportation (Caltrans); authorize the City Manager
to execute the Preliminary Change of Ownership Record and the Option to
Purchase Agreement with Caltrans to acquire a portion of Caltrans owned right-
of-way at Highway 1 1 1 associated with the western City entrance monument
location; and authorize staff to forward the purchase price amount of
$3,000.00 to Caltrans to begin the purchasing process; or
2. Do not authorize an appropriation of $3,000.00 from the Art in Public Places
Fund (Account #701-000-255-210) to provide sufficient funding to acquire the
parcel of land on Highway 1 1 1 for the western City entrance monument from
California Department of Transportation (Caltrans); do not authorize the City
Manager to execute the Preliminary Change of Ownership Record and the
Option to Purchase Agreement with Caltrans to acquire a portion of Caltrans
owned right-of-way at Highway 1 1 1 associated with the western City entrance
monument location; and do not authorize staff to forward the purchase price
amount of $3,000.00 to Caltrans to begin the purchasing process; or
3. Provide staff with alternative direction.
Respectfully submitted,
C ris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
• ,�iri�-titer-mac
Thomas P. Genovese
City Manager
Attachments: 1. Caltrans Response Letter
124
0 C.
T:\PWDEPT\COUNCIL\2000\000801 b.wpd
STATE OF CALIFORNIA • BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor
DEPARTMENT OF TRANSPORTATION ATTACHM 1
SOUTHERN RIGHT OF WAY REGION
• w
District 08 R/W FIELD OFFICE
464 W. 4th Street, 8th floor -MS 854 I
SAN BERNARDINO, CA 92401-1400 i§,_� ,
TDD (909) 383-6300
City of La Quinta
Attn: Nick Nickerson or John Freeland
P.O Box 1504
78-495 Calle Tampico
La Quinta, CA 92253
Messrs Nickerson & Freeland:
July 6, 2000
08-Riv-111-34.1
PUBLIC WORKS La Quinta, CA
Regarding the request by the City of La Quinta to purchase a portion of Caltrans right of way along Hwy 111
in La Quinta for an entrance monument; I have the following information:
All pertinent Caltrans functional units have approved of the sale of the property. The property is identified as
Caltrans Excess Land disposal unit DDB115319-01-01. A copy of the "Director's Deed," which will be used
to convey the property, is included; as well as a Preliminary Change of Ownership Record (PCOR), please fill
out the PCOR and return it along with the other items.
Caltrans is offering to sell the parcel to the City; the price for this property $3,000.00; and the minimum
required option deposit is 10% of the purchase price, with the option period generally about 30-60 days,
commencing with the submittal of the 10% option deposit. [You may submit the entire amount of the purchase
price at this time, that would save both parties the hassle and expense of processing another check for the
balance due.]
Regardless of the approvals obtained here in our office, this sale is subject to the approval of the California
Transportation Commission. In addition, the State reserves the right to reject any and all offers to purchase at
any time prior to recordation of the deed. Any funds leftover from the "de -certification" deposit will be
refunded to you. [It is unknown how long it will take to close the de -certification and issue a check for any
unused funds.]
If you wish to proceed with the purchase of this parcel; please execute the enclosed "Option to Purchase" form
and submit a deposit check for at least 10% of the purchase price (or a check for the entire amount), and return
these items.as soon as possible.
Sincerely,
7u� �-�
J Hotchkiss, Right of Way Agent
Ca trans Right of Way Excess Land Sales
San Bernardino, CA (909) 383-4332
125
District 07 R/W Field Office Southern Right of Way Region District 12 R/W Field Office
120 South Spring Street 21073 Pathfinder, Suite 100 3347 Michelson Drive #100
Los Angeles, CA 90012-3606 Diamond Bar, CA 91167 Irvine, CA 92612
Phone: (213) 897-1861 Phone: (909) 468-1500 Phone: (949) 724-2308
Fax: (213)897-8902 Fax: (909)468-1501 Fax: (949)724-7699
W
DIRECTOR'S DEED
Space above this line for Recorder's
District
I County
Route
Post
Number
08
Riv
111
34.1
DDB15319-01-01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to
all that real property in the City of La euinta County of Riverside ,
State of California, described as:
SEE EXHIBIT "A"
08-Riv-111-34.1-B15319 (DDB15319-01-01)
MAIL TAX -
STATEMENTS TO: 14.6
Form RW 6-1(S) (Revised 10/99)
006
EXHIBIT "A"
That portion of the Southwest Quarter of Section 19, Township 5 South, Range 7
East, SAN BERNARDINO MERIDIAN, according to United States Government
Survey approved July 15, 1856 as conveyed to the State of California by Deed
recorded October 3, 1968 as Instrument No. 95404 of Official Records of Riverside
County, described as follows:
BEGINNING at the Easterly terminus of that course described as "thence (2)
S.82057'25"W., 240.64 feet" in said State of California Deed; thence, along said
course, South 82°57'25" West, 165.21 feet; thence North 07°02'35" East, 41.15 feet to
a point 55.00 feet Southerly of the centerline of State Highway 111; thence
South 82°36'17" East, 160.00 feet to the POINT OF BEGINNING.
RESERVING, however, unto the Grantor, a right to pass over, under, across or
through the above described land to that parcel of land described in Instrument No.
208781 recorded May 13, 1999. Said right being for purposes of construction,
reconstruction, operation, inspection, repair or maintenance of Grantor's facilities.
ALSO RESERVING, unto the Grantor, the right to replace, repair, remove and
maintain the State Highway sign at or near its existing location.
08-Riv-111-34.1-B15319 (DDB15319-01-01)
This real property description has been prepared by me, or under my direction, in conformance with the Professional
Land S yor Act.
Si,nat 1
Pnrjessumu! Lund Si •esu
i
Date
/ONpL LAND
O �1
ir MICHAEL W. LOFY *O
d Name M
5471 *,
Nuutitrr
S� 9-30-2000 `Q-
.9 M:rp. Date
TFOF: CAO\- 2 i
007
DIRECTOR'S DEED NO. DDB 15319-0 1 -01
OPTION TO PURCHASE —CASH TERMS
For the purchase of the following real property in Riverside County as described under the above -referenced deed number.
the undersigned agrees to the terms of this option, and further agrees to pay a purchase price of:
S3,000.00, or Three Thousand Dollars to the California Department of Transportation, for the above -referenced property.
The amount of $ is paid herewith as the required option deposit (minimum deposit is 10% of purchase price).
NOTE: This form must be completed and returned to Caltrans with at least the minimum option deposit by July 17, 2000.
The remaining balance of the purchase price shall be paid by Cash, Cashier's or Certified Check, or money order payable to the
"California Department of Transportation" not less than five (5) days prior to the expiration of the option period. The option
period shall expire on August 18, 2000.
The property shall be conveyed by Director's Deed to:
It is also agreed that all notices and matters arising in connection with this transaction will be given to purchaser or by mail
addressed to purchaser at:
The purchaser shall pay all recording and documentary stamp tax fees, and any other applicable fees. Upon payment of the balance
of the purchase price to the Department of Transportation, this Department will either record the Director's Deed, or deliver it to
the buyer for the purposes of recording. The purchaser may take possession of said property when the Director's Deed is recorded.
All Provisions of the "TERMS OF OPTION TO PURCHASE" (on the reverse side) are hereby specifically incorporated by
reference into the terms of this option, and purchaser agrees to perform each of the said TERMS.
Date: Signed Phone No.
Date: Signed
Phone No.
(See Terms of Option to Purchase - on the reverse side)
The terms and conditions of this agreement are hereby accepted, subject to the approval of the California Transportation
Commission and Caltrans.
Brenda Morrison, Chief
R/W Excess Land Sales, Irvine & San Bernardino Office
Southern Right of Way Region, California Department of Transportation
128
NOTE: The seller may be referred to in this transaction by several names including the "State of California, Department of
Transportation," "Caltrans," "State, "California Department of Transportation," and "Department of Transportation."
008
TERMS OF OPTION TO PURCHASE
CASII-CREDIT TERMS: I'his parcel is to be sold for Cash. .A11
011,, rs .tr scaled hills shall he presented under cover and shall he
plainly identified as a scaled bid, with the appropriate sale number on
the mu_�idc .:occr.
REOIJIRED OPTION DEPOSIT; :\ll oflersibids must be
acc:mipanied by CASI1, CASHIER'S CIIEC:'K or MONEY ORDE1Z
made payable to the C;\Lll'()RNIA DEPARTMENT OF
MONsi,ow x riON in the amount of the required option deposit.
OPTION PERIOD: The option deposit will be the consideration
fix the option period, the length ofwhich is specified on the "Option
to Purchase.- The option period shall commence uq the day stated
on the offer letter or upon receipt of the option deposit, whichever is
first. "the balance of the purchase price shall be paid on or betorc
expiration of the option period.
EXTENSION OF THE OPTION PERIOD: There may be
situations wherein the option holder is unable to complete the Terms
of Option within the time allowed for reasons beyond his control.
Under these circumstances, the State, at its discretion, may elect to
extend the option period. A charge of 1 % of the sales price per
month will normally be made fur such extensions. This charge
SHALL NOT be applied toward the purchase price.
FORFEITURE OF DEPOSIT: The option deposit and any
additional option deposit shall be NON-REFUNDABLE in the event
that the potential purchaser fails to exercise the option within the
option period or fails to comply with any and all of the terms of the
option as herein provided.
SEALED BID/OFFER FORM: Sealed Bid/Offer must be
submitted on a form issued by the Department of Transportation. A
copy of the sealed bid/offer form accompanies this notice. If the bid
form does not contain an original signature of the bidder, the bid will
be rejected. Bid form may be photocopied in case of multiple bids.
[The "Option to Purchase" will be used in lieu of the sealed bid
form.]
OPTION AGREEMENT:
Sealed Bids/Offers: The Department of Transportation will notify
the high bidder/offerer, in writing, that the sealed bid/offer received
was the highest and will be submitted to the California
Transportation Commission (CTC) for approval. Upon award, the
bid form shall become an option agreement and the successful
bidder/offerer shall be bound to the terms specified in the Sealed Bid
Form/Option To Purchase.
Vocal Bids: High bidder in vocal bidding will be required to sign an
Option to Purchase Agreement upon the award of the sale to the
highest bidder, subject to approval of the CTC.
TIE BIDS: In the event that two or more high bids (Sealed Bids) are
submitted which are equal in amount, the option shall be awarded to
a high bidder chosen by lot at the time the bids are opened.
SECOND HIGH BID: In the event that the high bidder (Sealed
Bids) fails to exercise the option within the option period the State
may, at its discretion, offer the option to the second highest bidder.
If the second highest bidder accepts the option, the deposit
requirement and terms of option to purchase shall be the same as
stated in the Bid Form/Option To Purchase, except that the option
period shall commence on the day the option is awarded by the State.
LIMITING CONDITIONS:
(1) The sale under this option is subject to the approval of Caltrans
and the CTC. The option deposit money will be refunded without
interest if the sale is not approved by Caltrans or the CTC. The
purchaser may take possession when the Director's Deed is tiled for
recording (unless otherwise specified on the "Option to Purchase"
form).
12) When the sale is approved by the CTC and the purchaser elects
to exercise the option, the option deposit will be credited toward the
bid purchase price.
(3) The State reserves the right to reject any and all bids/offer and to
cancel the sale in part or in its entirety, any time prior to the
recordation of the Director's Deed. In the event of cancellation of
sale andror rejection of any bids, the respcctivc deposit, of Humev
shall be refunded without interest.
f4) fhc right. title and interest in the property to he >old hail not
exceed that vested in doe State of Calitixnia, and this kale is ;ubjcct to
all title exceptions and reservations whether or not of record.
( ) fhe successful bidder/purchaser :>hall pap all recording Ices.
documentary transfer tax. and other real estate transaction taxes or
lives by whatever name known, including escrow fees and hroker's
commission. it any, and personal property taxes where applicable.
(6) Should the successful bidder/purchaser desire a survey of the
property, this may be accomplished by an independent surveyor at
the bidder's/purchaser'; expense. No warranty is made by the
Department of Transportation relative to the ground locations of the
property lines other than monumented highway riglit-ot=way lines.
(7) The successful bidder/purchaser shall be responsible for
complying with local building codes and ordinances. All properties
are sold in an "as is" condition.
(8) All Caltrans employees may bid to acquire excess State owned
properties except employees who have direct access to information
not generally available to the public or who influence the purchase or
sale of Right -Of -Way or other real properties.
(9) Property is sold subject to existing tenancies, if applicable.
(10) The sale of this property does not provide approval from any
other office of the Department of Transportation, the State of
California, or any agency or department exercising jurisdiction over
the ownership, use, development, or enjoyment of the property.
ESCROW and PAPERWORK PROCESSING: The State will
handle the transfer of the property at NO CHARGE to the successful
bidder except for regular transfer and recording fees. This is not
considered to be a formal escrow as there is no disinterested third
party. Bidder/purchaser may elect to open an escrow within 3
working days of notice of bid/offer acceptance with a mutually
acceptable California licensed escrow company at
biddees/purchaser's expense.
TITLE INSURANCE: If desired, successful bidder/purchaser may
obtain a policy of Title Insurance at his own expense.
PAYMENTS: All payments must be made at the California
Department of Transportation, 464 W. Fourth St. 8th Floor, San
Bernardino, CA 92401, in CASH, CASHIER'S CHECK or MONEY
ORDER, payable to the order of the CALIFORNIA
DEPARTMENT OF TRANSPORTATION. The successful
bidder's/purchaser's option deposit will be retained by the State and
not placed in an escrow or trust account and does not earn any
interest.
129
009
SSE-ASD AH 502-A FRONT 5-26-94 (Revised 3-13-96)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
FOR RECORDER'S USE ONLY
[To be completed by transferee (buyer) prior .to transfer of subject property in accordance with Section 480.3
of the Revenue and Taxation Code.] A Preliminary Change of Ownership Report must be filed with each
conveyance in the County Recorder's office for the county where the property is located; this particular form
may be used in all 58 counties of California
THIS REPORT IS NOT A PUBLIC DOCUMENT
SELLER/TRANSFEROR:
BUYER/TRANSFEREE:
ASSESSOR'S PARCEL NUMBER(S)
PROPERTY ADDRESS OR LOCATION:
MAIL TAX INFORMATION TO: Name
Address
PHONE NUMBER (8 a.m.-5 p.m.)
NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing in the following fiscal year, July 1 through
June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10,
and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER
OCCURS AFTER JANUARY 1 AND ON OR BEFORE DECEMBER 31, YOU MAY BE RESPONSIBLE FOR THE SECOND INSTALLMENT OF
TAXES DUE FEBRUARY 1.
The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the
County Assessor. For further information on your supplemental roll obligation, please call the County Assessor
at
PART 1: TRANSFER INFORMATION Please answer all questions.
YES NO
❑ ❑ A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)?
❑ ❑ B. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a
name change upon marriage)?
❑ ❑ C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property?
❑ ❑ D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a
security interest (e.g. cosigner)?
❑ ❑ E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document?
❑ ❑ F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint
tenants?
❑ ❑ G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
H. Is this transfer of property:
❑ ❑ 1. to a trust for the benefit of the grantor, or grantor's spouse?
❑ ❑ 2. to a trust revocable by the transferor?
❑ ❑ 3. to a trust from which the property reverts to the grantor within 12 years?
❑ ❑ I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
❑ ❑ `J. Is this a transfer from parents to children or from children to parents?
❑ ❑ `K. Is this transaction to replace a principal residence by a person 55 years of age or older?
Within the same county? ❑ Yes 13 No
❑ ❑ *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and
Taxation Code Section 69.5? Withir the same county? ❑ Yes ❑ No
'If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on
your property. Failure to file a claim results in the reassessment of the property.
Please provide any other information that would help the Assessor to understand the nature of the transfer.
IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT J, K OR L, PLEASE SIGN AND DATE,
OTHERWIS COMPLETE BALANCE OF THE FORM.
PART II: OTHER TRANSFER INFORMATION
A. Date of transfer if other than recording date -
B. Type of transfer. Please check appropriate b
❑ Purchase ❑ Foreclosure ❑ Gift
❑ Contract of Sale — Date of Contract
❑ Inheritance — Date of Death
❑ Creation of Lease ❑ Assignment
❑ Date lease began
❑ Original term in years (including written c
❑ Remaining term in years (including writte
C. Was only a partial interest in the property tra
If ves, indicate the percentage transferred
❑ Trade or Exchange ❑ Merger, Stock, or Partnership Acquisition
a Lease
options)
— ❑ Other: Please explain:
❑ Termination of a Lease
❑ Yes ❑ No
❑ Sale/Leaseback
130
10 10
SBE-ASD AH 502-A BACK 5-26-94 (Revised 3-13-96)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with "N/A."
PART III: PURCHASE PRICE AND TERMS OF SALE
A. CASH DOWN PAYMENT OR Value of Trade or Exchange (excluding closing costs)
B. FIRST DEED OF TRUST 0 % interest for years. Pymts./Mo. = $
❑ FHA( Discount Points) ❑ Fixed Rate
❑ Conventional ❑ Variable Rate
❑ VA ( Discount Points) ❑ All inclusive D.T. ($ Wrapped)
❑ Cal -Vet ❑ Loan Carried by Seller
Balloon Payment ❑ Yes ❑ No Due Date
C. SECOND DEED OF TRUST % interest for years. Pymts./Mo. = $
❑ Bank or Savings & Loan ❑ Fixed Rate
❑ Loan Carried by Seller ❑ Variable Rate
Balloon Payment ❑ Yes ❑ No Due Date
D. OTHER FINANCING: Is other financing involved not covered in (b) or (c) above?
Type @ % interest for years. Pymts./Mo. = 9
❑ Bank or Savings & Loan ❑ Fixed Rate
❑ Loan Carried by Seller ❑ Variable Rate
Balloon Payment ❑ Yes ❑ No Due Date
Amount $
(Prin. & Int. only) Amount $
❑ New Loan
❑ Assumed Existing Loan Balance
❑ Bank or Savings & Loan
❑ Finance Company
Amount $
(Prin. & Int. only) Amount $
❑ New Loan
❑ Assumed Existing Loan Balance
Amount $
❑ Yes ❑ No Amount $
(Prin. & Int. only)
❑ New Loan
❑ Assumed Existing Loan Balance
Amount $
E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes ❑ No Outstanding Balance: Amount $
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid.)
Total Items A through E $
G. PROPERTY PURCHASED ❑ Through a broker ❑ Direct from seller ❑ From a family member ❑ Other (explain)
If purchased through a broker, provide broker's name and phone number:
Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the
purchase price and terms of sale.
PART IV: PROPERTY INFORMATION
A. TYPE OF PROPERTY TRANSFERRED:
❑ Single-family residence ❑ Agricultural ❑ Timeshare
❑ Multiple -family residence (no. of units: ) ❑ Co-op/Own-your-own ❑ Manufactured Home
❑ Commercial/Industrial ❑ Condominium
❑ Other (Description: ❑Unimproved lot
B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑ Yes ❑ No
If yes, enter date of occupancy / , 19 or intended occupancy / , 19
MONTH DAY MONTH DAY
C. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i.e., furniture, farm equipment, machinery, etc.)
(other than a manufactured home subject to local property tax)? ❑ Yes ❑ No
If yes, enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property)
D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑ Yes ❑ No
If yes, how much of the purchase price is allocated to the manufactured home? $_____�__
Is the manufactured home subject to local property tax? ❑ Yes ❑ No What is the Decal Number?
E. DOES THE PROPERTY PRODUCE INCOME? ❑ Yes ❑ No If yes, is the income from:
❑ Lease/Rent ❑ Contract ❑ Mineral Rights ❑ Other — Explain:
F. WHAT WAS THE CONDITION OF THE PROPERTY AT THE TIME OF SALE?
❑ Good ❑ Average ❑ Fair ❑ Poor
Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor
in determining the value of the property.
I certify that the foregoing is true, correct and complete to the best of my knowledge and belief.
Signed Date
NEW OWNER/CORPORATE OFFICER
Please Print Name of New Owner/Corporate Officer 1 3 J
(NOTE: The Assessor may contact you for further information)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20).
0011
T4t,t 4 4v Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Acceptance of Citywide Traffic Signal STUDY SESSION:
Improvements, Project No. 98-15
PUBLIC HEARING:
Accept Project No. 98-15, Citywide Traffic Signal Improvements as 100% complete;
and
Authorize the City Clerk to file a Notice of Completion with the Office of the County
Recorder; and
Authorize staff to release retention in the amount of $23,948.44, 35 days after
recordation of the Notice of Completion.
Adequate funds are available (Account No. 401-664-609-553) in the project budget
to pay the contractor retention.
None.
On July 7, 1998, the City Council approved the Fiscal Year 1998/1999 Capital
Improvement Program (CIP). The adopted program includes the installation of two
new traffic signals and the retrofit of six additional traffic signals to allow for
emergency vehicle preemption.
On July 20, 1999, the City Council awarded a contract to Sierra Pacific Electrical .
Contracting, Inc. in the amount of $236,793.00 to construct Project No. 98-15,
Various Fiscal Year 1998/1999 Citywide Traffic Signal Improvements.
The project's construction effort is now deemed to be 100% complete and is in
compliance with the plans and specifications. Prior to filing the Notice of Completion,
staff must receive authorization from the City Council to approve this project as 100%
complete and authorize the City Clerk to file a Notice of Completion. 132
TAPWDEPT\COUNCIL\2000\000801 i.wpd
A final accounting of this Contract is as follows:
Original Bid
Change Order #1
Quantity Variation/C.O. #2
TOTAL:
Amount Paid to Date
TOTAL REMAINING FISCAL COMMITMENT
Retention to be Released
The alternatives available to the City Council include:
$236,793.00
$2,364.00
$330.55
$239,487.55
($215,539.1 1)
$ 23,948.44
$23,948.44
1. Accept Project No. 98-15, Citywide Traffic Signal Improvements as 100%
complete; authorize the City Clerk to file a Notice of Completion with the Office
of the County Recorder; and authorize staff to release retention in the amount
of $23,948.44, 35 days after recordation of the Notice of Completion; or
2. Provide staff with alternative direction.
Respectfully submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
homas P. Genovese
City Manager
Attachments: 1 . . Project Close Out Report
133
TAMDEMCOUNCIL\2000\000801 i.wpd
Od0
CITY OF LA QUINTA
PROJECT NO 98-15 ATTACHMENT
CITYWIDE TRAFFIC SIGNAL IMPROVEMENT
PROJECT CLOSE-OUT REPORT
SIERRA PACIFIC ELECTRIC
UNIT PRICE
ITEM TOTAL
$5,435.00
$5,435.00
$4, 320.00
$4, 320.00
$2,634.00
$2,634.00
$1,764.00
$1,764.00
$790.00
$790.00
$306.00
$306.00
$738.00
$8,118.00
$648.00
$1,296.00
$114.00
$228.00
$936.00
$2,808.00
$264.00
$792.00.
$10,275.00
$30,825.00
$2,175.00
$6,525.00
$37.80
$9,072.00
$55.45
$8,872.00
$23.80
$3,570.00
$186.00
$1,116.00
$628.00
$1,256.00
$215.00
1$430.00
$3,850.00
$3,850.00
$1,951.00
$1,951.00
$29,525.00
$29,525.00
$1,340.00
$2,680.00
$3,424.00
$3,424.00
$5,830.00
$5,830.00
$5,300.00
$5,300.00
$10,600.00
$10,600.00
$1.85
$1,258.00
$58.30
$16,907.00
$21.20
$6,784.00
$3,424.00
$3,424.00
$12,329.00
$12,329.00
$11,640.00
$11,640.00
$11,225.00
$11,225.00
$12,235.00
$12,235.00
$2,680.00
$2,680.00
$1,150.00
$1,150.00
$366.00
$1,464.00
$1,805.00
$1,805.00
$575.00
$575.00
$236,793.00 134 $330.55
04
T4t!t °F:wQ"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR: /1D
ITEM TITLE: Approval of Award of a Contract for
the Calle Rondo Channel Landscape Improvements, STUDY SESSION:
Project No. 98-1 1-A PUBLIC.HEARING:
Award a contract in the amount of $49,488.00 to Pink, Inc. to construct Project No.
98-11-A, Calle Rondo Channel Landscape Improvements, defined within the Base Bid
Area and Add Alternative Bid Schedule 1 (Turf Hybrid Bermuda Sod #328).
The following table represents the project budget identified,within the approved Capital
Improvement Program (CIP) for Project No. 98-1 1-A, Calle Rondo Channel Landscape
Improvements:
FundinaSource Account Number Amount
Developer Contribution 401-000-480-000 $135,000.00
Less Prior Expenditures: $19,000.00
Amount Available: $1 16,000.00
Based upon the low bid amount of $49,488.00, the following represents the proposed
project construction budget for the landscape portion of Project No. 98-11-A:
Landscape Construction Costs
Inspection/Testing:
Administration:
Subtotal:
Contingency:
Total Anticipated Costs:
$49,488.00
$3,835.32
$2,474.40
$55,797.72
$5,579.77
$61,377.49
135
TAMDEMCOUNCIL\2000\000801 c.wpd
The total anticipated construction related costs for this project amount to $61,377.49.
The amount currently available is $1 16,000.00. Sufficient funding exists within the
project's landscape budget to complete the project.
This project is fully funded with private developer contributions. Subsequently, the
project was bid without the prevailing wage requirement. The low bid received for this
project is approximately 50% below the Engineer's estimated cost. Part of the cost
savings may be a result of not requiring prevailing wages.
Project No. 98-11 involves the installation of storm drainage and landscaping
improvements within the Calle Rondo Channel. The City Council initiated this project
after hearing public concern at its November 18, 1997 and January 6, 1998 meetings
regarding the drainage channel.
On August 3, 1999, the City Council appropriated an additional $56,000.00 from RDA
Project Area No. 1; approved the plans, specifications, and Engineer's estimate; and
authorized staff to advertise for bids for Project No. 98-1 1, Calle Rondo Channel
Improvements.
On September 10, 1999, the City received two bids for Project 98-1 1. The Engineer's
estimate was $152,575.00 and the low bid was $249,967.50.
On October 5, 1999, the City Council rejected the two bids received for Project No.
98-1 1 and authorized staff to re -advertise the project for bid as part of Project No. 99-
07, Fiscal Year 1999-2000 Citywide Median Island Landscape Improvements.
The City Council also authorized staff to complete a redesign of the proposed civil
improvements to the Calle Rondo Channel. The redesign provided for lower retaining
walls within the channel and the utilization of mortarless interlocking masonry retaining
walls as opposed to a "cast in place" concrete wall.
On November 5, 1999, one bid was received on the redesign of the Calle Rondo
Channel Improvements. The bid was excessively high ($276,782.50).
During the November 16, 1999 City Council Meeting, City Council chose not to award
the Calle Rondo Channel Improvements and authorized staff to attempt negotiating
smaller specialized portions of the project with contractors in order to obtain a more
reasonable cost.
136
TAMDEMCOUNCIU2000\000801c.wpd 0 0 2
City staff attempted negotiations with several contractors in different construction
disciplines in order to complete the drainage improvements to the Calle Rondo
Channel; however, staff was unsuccessful in negotiating projects in an amount less
than $25,000 for each component. According to the City's purchasing procedures
and the City Attorney, the City must publicly bid projects in excess of $25,000.
On January 4, 2000, the City Council approved the revised plans and specifications
for the drainage portion of Calle Rondo Channel and authorized staff to readvertise the
project for bid. The primary changes to the project consisted of two parts. The first
was to narrow the channel near the retaining wall area of the job in order to reduce
costs. The second was to divide the project into two separate projects and contracts.
The project became Project No. 98-1 1 Calle Rondo Channel Drainage Improvements,
and Project No. 98-1 1-A Calle Rondo Channel Landscape Improvements. The
separation of the projects into two specialties was to attempt to receive lower bids.
On March 7, 2000, the City appropriated an additional $ 29,000.00 from RDA Area
No. 1 funds toward the Calle Rondo Channel Drainage Improvements, and awarded a
contract in the amount of $165,105.70 to Nottson Construction, Inc. to construct
Project 98-1 1, Calle Rondo Channel Drainage Improvements, defined within the base
bid area and add alternative bid schedule 1 (Masonry Retaining Wall).
On July 14, 2000, the City received six bids to construct Project No. 98-1 1-A , Calle
Rondo Channel Landscape Improvements. A detailed bid comparison summary is
provided as Attachment 1. The following is a summary of the bids received:
Base Bid Area
Base Bid Area
Bidder
Plus Add Alt 1
Plus Add Alt 2
Engineer's Estimate
$102,630.00
$79,530.00
Pink, Inc.
$49,488.00
$42,838.00
Desert Isles Landscaping, Inc.
$55,300.00
$44,800.00
V.I.P. Landscape, Inc.
$64,409.00
$49,009.00
Steven Burt & Associates, Inc.
$62,476.96
$54,146.96
Zondiros Corporation
$94,775.00
$77,275.00
E & M Constructors, Co.
$93,915.00
$85,865.00
As can be seen from the previous table, a majority of the bids for the landscaping
portion of the Calle Rondo Channel are substantially lower than the Engineer's
estimate. This may be attributed to the separation of the civil work from the
landscaping work. Contractors that specialize in landscaping projects were able to
provide a more accurate bid. 137
003
TAMDEMCOUNCIU2000\000801 c.wpd
Staff is recommending the award of the base bid with Alternative No. 1, which
consists of Turf Hybrid Bermuda Sod # 328. Staff recommends Alternative No. 1 over
Alternative No.2 which consists of Turf Hydroseed due to the fact that the Base Bid
combined with Alternate No. 1 falls well within the project budget. The use of sod
allows for immediate beautification of the area, provides better erosion control, and
provides for consistent coverage and growth as opposed to dry, patchy areas often
associated with Hydroseed applications.
The Calle Rondo Channel Drainage Improvements (Civil Improvements, Project No. 98-
1 1) are substantially complete as of June 16, 2000 and anticipated to be submitted
for City Council acceptance on August 15, 2000.
With the Civil Improvements completed, the next phase of the work is to complete the
landscaping improvements identified as Project No. 98-11 A, Calle Rondo Channel
Landscape Improvements. Considering City Council award on August 1, 2000, the
following project schedule is anticipated:
Contract Award:
Sign Contract/Mobilize
Construction Period (30 days):
Project Acceptance/Close out:
August 1, 2000
August 15, 2000
August 15 - September 14, 2000
October 2000
The alternatives available to the City Council include:
1. Award a contract in the amount of $49,488.00 to Pink, Inc. to construct
Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements, defined
within the Base Bid Area and Add Alternative Bid Schedule 1 (Turf Hybrid
Bermuda Sod #328); or
2. Do not award a contract in the amount of $49,488.00 to Pink, Inc. to construct
Project No. 98-1 1-A, Calle Rondo Channel Landscape Improvements, defined
within the Base Bid Area and Add Alternative Bid Schedule 1 (Turf Hybrid
Bermuda Sod #328); or
3. Provide staff with alternative direction.
Respectfully submitted,
138
Chris A. Vogt
Public Works Director/City Engineer
004
TAMDEMCOUNCIL\2000\000801 c.wpd
Approved for submission by:
Thomas P. Genovese
City Manager
Attachments: 1. Bid Comparison Summary
139
TAPWDEPT\COUNCIU2000\000801 c.wpd
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T4ht 4 4& Qum&
COUNCIL/RDA MEETING DATE: August 1, 2000
Confirm Compliance With Condition No. 69 of
Specific Plan 2000-042 on 28.33 ± Acres Located
on the West Side of Washington Street, Between
47th Avenue and 48' Avenue. Applicant: La Quinta
Arts Foundation
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Confirm that the applicant has complied with Condition No. 69 of Specific Plan 2000-
042.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Council, at its June 20, 2000 meeting (Attachment 1), adopted the Specific
Plan, Environmental Assessment, Conditional Use Permit for the La Quinta Arts
Foundation facility to be located on the west side of Washington Street between 471h
Avenue and 48th Avenue. Condition #69 of the Specific Plan requires that the
applicant provide five copies of the Specific Plan, with all the amendments integrated
into the document, and with these conditions of approval appended to the document,
and submit the copies to the Community Development Department within thirty days
of approval of the Specific Plan.
Staff has reviewed the Final Specific Plan and finds that all conditions of approval have
been integrated into the document.
C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd 143
FINDINGS AND ALTERNATIVES•
The alternatives available to the City Council include:
1. Confirm that the applicant has complied with Condition No. 69 of Specific Plan
2000-042; or
2. Do not confirm that the applicant has complied with Condition No. 69 of
Specific Plan 2000-042; or
3. Provide staff with direction.
Respectfully submitted,
el�-
Christine di lorio, tanning Manager
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments:
1 . City Council Minutes of June 20, 2000
144
C:\My Documents\WPDOCS\cccdiContArts Foundation.wpd
ATTACHMENT 1
City Council Minutes 11 June 20, 2000
1. CITY MANAGER'S REPORT.
City Manager Genovese expressed appreciation to sp4eral staff members for
their efforts during the emergency c/item
II on June 16, 2000.
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Sniff asked to havzed for the next Council
meeting regarding the current status paign contribution limits.
Council recessed to the Redevelopment Q(gency meeting.
Council reconvened and recessed to yhe Financing Authority meeting.
Council reconvened and recessed
until 7:00 p.m. ,
Closed Session (as delineated on Page 1) to and
Antoinette Fergusonked why the fountain in the City's entrance monument at the
west end of the Cit is not working.
Mayor Pena respghded that the water has not been turned on pending resolution of a
problem with C Trans at that location.
1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVAL OF A SPECIFIC
PLAN AND CONDITIONAL USE PERMIT ALLOWING FESTIVAL GROUNDS,
PARKING LOTS, ADMINISTRATIVE AND CLASSROOM BUILDING, AND
ANCILLARY FACILITIES ON 28.33 t ACRES LOCATED ON THE WEST SIDE OF
WASHINGTON STREET BETWEEN AVENUE 47 AND AVENUE 48. APPLICANT:
LA QUINTA ARTS FOUNDATION.
145
004
City Council Minutes 12 June 20, 2000
Council Member Adolph and Mayor Pena abstained due to potential conflict of
interest and left the dais.
Planning Manager di lorio presented the staff report and advised of three
additional exhibits. The additional exhibits consisted of an Addendum to the
Environmental Checklist to be substituted for the Checklist in the staff report,
a set of revised resolutions, and a list of four proposed changes to Condition
Nos. 60, 62A, 65, and 69.
The Mayor Pro Tern declared the PUBLIC HEARING OPEN at 7:06 p.m.
Frank Delany, 3801 University Avenue, Riverside, attorney for the La Quinta
Arts Foundation made a brief statement indicating the Arts Foundation is in
agreement with the proposed changes to the Conditions of Approval, with the
exception of proposed condition 62A. He also requested the opportunity to
make rebuttal comments at the conclusion of the opponents' presentations.
Susan Francis, Executive Director of the La Quinta Arts Foundation, outlined the
activities planned for the site and distributed a handout to Council entitled
"Planned On -site Museum and Gallery Uses" (received and marked for
identification as Exhibit No. 4). She noted the Arts Foundation currently has no
space for museums and galleries.
Kay Wolff, 77-227 Calle Ensenada, President of the La Quinta Arts Foundation,
reviewed the school and classroom activities that qualify the Arts Foundation
for the permitted use and distributed the following handouts: Children's On -site
School/Classroom Uses, Artist On -site School/Classroom Activities, and Adult
On -site School/Classroom Activities, (all received and marked for identification
as Exhibit Nos. 5 through 7 respectively). She urged Council to approve the
project.
Gerald Perschetz, 52-015 Avenida Martinez, spoke in support of the project.
Fred Wolff, 77-227 Calle Ensenada, commented on the materials that were
submitted by the opponents to the project. He stated he felt they were
unnecessarily inflammatory and he urged Council to approve the project.
Michelle Kline, 49-100 Tango Court, spoke in favor of allowing the property to
be developed for the Arts Foundation use.
Don Grousell, 48-217 Calle Floristas, supported both the Arts Foundation staff
and the project.
146
005
City Council Minutes 13 June 20, 2000
Robert Ready, 48-241 Calle Floristas, stated he felt use of the church parking
lot for anything other than religious purposes is grounds for revocation of its
public use permit. He also noted various areas of the proposed project have
increased considerably since the opponents' initial petition. He did not believe
the applicant has proved the requested use comes within Table 9-1 (Permitted
Uses in Residential Districts) and felt the CEQA requirements have not been
met. He believed the mitigation measures are inadequate and have not been
incorporated into the Specific Plan. He stated all regulations must be uniform
for each class or use of land throughout each zone in the City. He did not feel
the necessary findings can be made and stated the opponents will contest the
project in court if it's approved. He further asked that the City not permit any
applicant activity on the parcel until the opponents' legal rights have been
exhausted. -
Helen Ready, 48-241 Calle Floristas, questioned the results of the noise study
and stated she felt the characteristics of sound at the park do not compare to
the sounds anticipated at the "fairground." She voiced concern about potential
contamination of the Laguna de la Paz lake by oil and gas leaking from vehicles
in the parking lots. She believed the facility's expected attendance levels are
overly -intensive activity on residential land and felt denial of the project would
protect the City's General Plan and Zoning Code.
Joseph Ferguson, 48-239 Calle Floristas, stated he agreed with the comments
of Mr. Robert Ready.
Charles Terry, 321 N. Willow Spring, Encinitas, of Douglas Eilar & Associates,
stated the noise analysis, prepared by his firm, includes monitoring of last year's
Arts Festival as well as consideration of the anticipated activities at the new
facility. He then reviewed the City's noise ordinance limitations for noise -
sensitive areas and advised that with mitigation measures incorporated into the
project there's no evidence from which they can conclude that the off -site noise
levels will exceed the applicable City noise standards.
There being no further requests to speak, the Mayor Pro Tern declared the
PUBLIC HEARING CLOSED at 7:47 p.m.
Ms. di lorio advised staff concurs with the conclusions of the noise study an-d'
other studies presented.
Council Member Henderson stated the additions to the Specific Plan and
additional conditions provided in the Conditions of Approval have addressed her
concerns.
147
006
City Council Minutes 14 June 20, 2000
Council Member Perkins stated he was prepared to move forward with the
project.
Mayor Pro Tern Sniff stated he felt the concerns of the project have been
mitigated and he supported moving forward.
Council Member Perkins stated he felt the Council must do what is best for the
majority of City residents and added he is not swayed by threats.
RESOLUTION NO. 2000-70
A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE -DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-394
PREPARED FOR SPECIFIC PLAN 2000-042 AND CONDITIONAL USE PERMIT
2000-048 (LA QUINTA ARTS FOUNDATION).
It was moved by Council Members Perkins/Henderson to adopt Resolution No.
2000-70 as amended (adding to noise section of the environmental assessment
and to the Mitigation Monitoring Report that "the southerly two rows of the
artist parking shall be vacated no later than 10 p.m.", and "that no amplified
sound shall occur after 10 p.m." The motion carried with Council Member
Adolph and Mayor Pena ABSTAINING.
RESOLUTION NO. 2000-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2000-048 TO ALLOW
A VISUAL AND PERFORMING ARTS FACILITY AND ASSOCIATED
DEVELOPMENT (LA QUINTA ARTS FOUNDATION).
It was moved by Council Members Henderson/Perkins to adopt Resolution No.
2000-71 as amended. Motion carried with Council Member Adolph and Mayor
Pena ABSTAINING.
RESOLUTION NO. 2000-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING SPECIFIC PLAN 2000-042 TO ALLOW THE
DEVELOPMENT OF THE LA QUINTA ARTS FOUNDATION PROJECT,
INCLUDING FESTIVAL GROUNDS, FOUNDATION BUILDING, PARKING LOTS,
AND ASSOCIATED FACILITIES ON THE WEST SIDE OF WASHINGTON STREET
BETWEEN AVENUE 47 AND AVENUE 48 (LA QUINTA ARTS FOUNDATION).
148
007
City Council Minutes
15
June 20, 2000
It was moved by Council Members Perkins/Henderson to adopt Resolution No.
2000-72 as amended (adding to Condition No. 60, "Also under this table right-
hand column, Time for Removal, 2nd row shall be amended to comply with the
Zoning Code and require removal within seven days adding to Condition No.
62 subsection "A" as follows: "The applicant agrees to be bound by any
amendment to the City's Sign Ordinance"; modifying Condition No. 65 to
remove "either by temporary mobile light poles", "wherever possible", and the
last two sentences; and adding to Condition No. 69 following ...shall be
submitted "within thirty days of approval of the Specific Plan for review and
approval by the City Council". Motion carried with Council Member Adolph and
Mayor Pena ABSENT.
2. CONTINUED BLIC HEARING ON GENERAL PLAN LAND USE ALTERNATIVES.
Community Develo ent Director Jerry Herman presented a brief staff report
and recommended th this matter be continued to the meeting of August 15,
2000.
The Mayor declared the PUB C HEARING OPEN at 8:12 p.m. There being no
members of the public within to speak, Mayor Pena declared the PUBLIC
HEARING CLOSED at 8:13 p.m.
MOTION - It was moved by Council mbers Sniff/Henderson to continue the
public hearing on General Plan Land a Alternatives to August 15, 2000.
Motion carried unanimously. MINUTE OftPER NO. 2000-119.
3. PUBLIC HEARING ON LANDSCAPE AND LIG ING ASSESSMENT DISTRICT.
89-1, FISCAL YEAR 2000/2001. `,
Public Works Director/City Engineer Chris Vogt intro' aced the staff report and
advised that the number of dwelling units have increa ed over FY 1999/2000
by 265 units. In response to a question from Mayor Pr )\Tem Sniff, he advised
the actual assessment per equivalent dwelling unit (EDU) s not changed from
the previous year's rate of $35.60/EDU.
The Mayor declared the PUBLIC HEARING OPEN at 8:13 p.m. `There being no
members of the public wishing to speak the PUBLIC HEARING IVS CLOSED
by the Mayor at 8:16 p.m.
149
10,013
TW�v 4 4Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000 CONSENT CALENDAR: a•
ITEM TITLE: STUDY SESSION:
Authorization for Overnight Travel for the Community
Planning Manager to Attend the National Preservation PUBLIC HEARING:
Conference 2000 to be Held in Los Angeles,
California, October 31 - November 5, 2000
RECOMMENDATION:
Approve the authorization for overnight travel for the Planning Manager to attend the
National Preservation Conference 2000 to be held in Los Angeles, California, October 31
- November 5, 2000
FISCAL IMPLICATIONS:
The approved Preliminary Fiscal Year 2000/2001 Budget allocates $2,700 for the
Community Development Department staff to attend conferences. Attendance at this
conference is estimated to be $835 per person based on the following costs:
Registration $ 260
Workshops $ 90
Travel $ 110
Meals 375
TOTAL $ 835
These funds are budgeted in the Travel and Meetings Account for the Community
Development Department (101-402-637-000).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Funds have been budgeted for staff to attend conferences in years past. Information
regarding the conference is contained in Attachment 1.
150,
C:\My Documents\WPDOCS\ccjh-travel.wpd
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the authorization for overnight travel for the Planning Manager to attend
the National Preservation Conference 2000 to be held in Los Angeles, California,
October 31 - November 5, 2000; or
2. Do not approve the request for overnight travel for the Planning Manager to attend
the National Preservation Conference 2000 to be held in Los Angeles, California,
October 31 - November 5, 2000; or
3. Provide staff with alternative direction.
Respectfully submitted,
Je y Her an
Cj6mmunify Development Director
Approved for submission by:
�' Zr�'4
Thomas P. Genovese, City Manager
Attachment:
1. National Preservation Conference 2000 Information
151
002
C:\My Documents\WPDOCS\ccjh-travel.wpd
ATTACHMENT
Schedule -At -A -Glance
Sunday,
October 29, 2000
Monday,
October 30, 2000
3:00 p.m. - 6:00 p.m.
Registration
Tuesday,
October 31, 2000
9:00 a.m. - 5:00 p.m.
• MS Coord Meeting
9:00 a.m. - 5:00 P.M.
• MS Coord Meeting
9:00 a.m. -10:00 a.m.
• Stwd/Local Opening
9:00 a.m.; 5:00 p.m.
• MS Coord Mtg
• Presv Short Course
12:15 p.m. -1:30 p.m.
• Stwd/Local Lunch
1:30 P.M. - 5:00 P.M.
• National Register Workshop
2:30 p.m.- 5:30 p.m.
• Emrg Leaders Welcome
3:30 p.m.-4:45 P.M.
• Stwd/Locals Roundtable
5:00 P.M. - 6:00 P.M.
• Stwd/Locals Reception
6:00 p.m. - 7:00 p.m.
• Robert Winter Lecture
7:30 p.m. -10:00 p.m.
• Legal Defense Fund Reception
7:30 p.m. -10:30 p.m.
• Neon Cruise
Wednesday,
7:15 a.m. - 8:15 a.m.
November 1, 2000
• Stwd Board Bkfst w/Hart
• Stwd Staff Bkfst w/Moe
8:30 a.m. -10:00 a.m.
8:00 a.m. - 6:00 p.m.
Stwd initiatives Workshop
Registration
9:00 a.m. -1:00 p.m.
8:00 a.m. - 2:30 p.m.
• NAPC Board Meeting
Resource Center
10:15 a.m. -12:15 p.m.
Bookstore
• Stwd Partners Meeting
PA Silent Auction
12:00 p.m. - 1:30 p.m.
12:00 p.m. - 1:30 p.m.
• Forum Adv Bd Lunch
Booksignings
• Real Estate Luncheon
5:15 p.m. - 6:30 p.m.
• First Time Attendees Reception
5:30 P.M. - 6:30 P.M.
• Gays/Lesbians Reception
• NCOPE Annual Meeting
H
z
7:00 a.m. Departure from
D
Blltmore Hotel
• Hearst CastleTm Tour
Tuesday, October 31
M
5:00 p.m. Return to
Biltmore Hotel
• Hearst CastleTM Tour
r--1
D
9:30 a.m. - 5:00 p.m.
• Getty On Your Own
V)
11:30 a.m. - 5:00 p.m.
• Movie Studio Tour
1:30 P.M. - 5:00 P.M.
M
• Overview Tour
D
1:30 p.m. - 5:30 p.m.
• 710 Freeway
C
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8:30 a.m. -12-00 p.m.
M
• Downtown Walking Tour
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• Hollywood Movie Palaces
• Lincoln Heights
• Overview Tour
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• Pasadena Downtown
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Schedule -At -A -Glance
Thursday,
November 2, 2000
8:00 a.m. - 6:00 p.m.
Registration
Resource Center
Bookstore
PA Silent Auction
12:00 p.m. - 1:30 p.m
Booksignings
Angels Flight, "Last Flight" 1969
7:00 a.m. • 8:15 a.m.
8:30 a.m. -12:00 p.m.
• Heritage Tourism Breakfast
Cemeteries
• Preservation Law Breakfast
El Pueblo
12:00 p.m. -1:30 p.m.
• Lincoln Heights
• Advocacy Luncheon
• Overview Tour
West Adams
3:00 P.M. - 5:00 P.M.
• Presv Action Bd Meeting
8:30 a.m. - 5:00 P.M.
Citrus Legacy
5:30 p 0 p
8:45 a.m. - 5:00 p.m.
National , •
Arroyo Seco
6:45 p.m. - 7:45 pm.
.�
,�.
�'�
California Dream
• Regional Receptions
Paul Williams
• Partners for Sacred Places
B
USC's Landmarks
7:00 P.M. - 9:00 P.M.
¢
9:00 a.m. - 5:00 p.m.
• Columbia Reception
' 4 ,mot
. Little Tokyo
• Cornell Reception
a
kpR
k� i
9:30 a.m. - 5:00 p.m.
8:00 p.m.-10:30p m.
• Getty on Your Own
• Last Remaining Seats
3_
12:00 p.m. - 5:00 p.m.
• Gay & Lesbian Tour
df
,,
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1:30 p.m. - 5:00 p.m.
• Downtown Walking Tour
r
r k
• Griffith Observatory
�� *
• Renewing a Park
ask
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• Sacred Places
Sunset Strip
• Union Station
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West Adams
i
Angels Flight— Railway
FREE PASSAGE ON THE ANGELS FLIGHTT`'I RAILWAY. This little
funicular railway, built on downtown Los Angeles' Bunker Hill in
1901, is just a couple of blocks from the Biltmore and Bonaventure
Hotels. Angels Flight operates from 6:30 a.m. until 10.00 p.m.,
seven days a week. Throughout the conference, attendees wearing
their conference name badges are invited to ride for free.
The lower end of Angels Flight, the shortest railway in the world,
touches the city's historic core, at Fourth and Hill Streets, across
from the Grand Central Market ( 19 17) and north of the Subway
Terminal Building (1925), and the former Broadway Department
Store (original buildings, 1897), now a state office building. The
upper end is on the eastern edge of the modern (Arthur Erickson
and Alan Robinson, 1992) "Watercourt" feature of the expansive
California Plaza development. California Plaza, which includes
Irata Isozaki's Museum of Contemporary Art (1986), the Hardy
Holzman Pfeiffer -designed Colburn School of Performing Arts
(1998), the Omni (formerly Inter*Continental) Hotel, and more,
is just up Grand Avenue from the Biltmore Hotel. The top of
Bunker Hill also is accessible by various sky bridges from the
Bonaventure Hotel.
c
Friday,
November 3, 2000
8:00 a.m. - 6:00 p.m.
Registration
Resource Center
Bookstore
12:00 p.m. - 1:30 p.m.
Booksignings
SATURDAY,
NOVEMBER 4, 2000
8:00 a.m. - 4:00 p.m.
Registration
Resource Center
Bookstore
12:00 p.m. - 1:30 p.m.
Booksignings
7:00 a.m. - 8:15 a.m.
• AIA Breakfast
• `Barn Again! Breakfast
• Historic Roads Breakfast
• US/ICOMOS Breakfast
9:00 a.m. - 3:00 P.M.
• CA SHRC Qtrly Meeting
12:00 p.m. -1:30 p.m.
• NAPC Mtg & Lunch
12:15 p.m. - 1:15 p.m.
• Stewardship Luncheon
1:30 p.m. - 5:00 p.m.
• Teaching w/Hist Places
3:30 p.m. - 6:30 p.m.
• SHPO/Review Bd Tour
5:00 p.m. - 6:30 p.m.
• NCPE Reception
5:15 p.m. - 6:45 p.m.
• Conservation Issues
5:30 P.M. - 7:00 P.M.
• Afr Amer Places Reception
6:00 p.m. - 7:00 p.m. ,
• Sandra Tsing Loh Lecture
T00 P.M. - 9:00 P.M.
• UVM Reception
7:30 p.m. - 9:00 p.m.
• Second Baptist Church
8:00 P.M. -10:00 P.M.
• Chamber Music
8:00 P.M. -11:00 P.M.
• Preservation Action Auction
7:00 a.m. - 8:00 a.m.
• 5K Preservation Run/Walk
11:30 a.m. - 3:00 p.m.
• Amer Home Trust Meeting
1:30 p.m. - 3:00 p.m.
• Richard Longstreth Lecture
Schedule -At -A -Glance
7:30 a.m. - 5:30 p.m.
• Catalina island
8:15 a.m. - 5:00 p.m.
• Coffee Shops
• Long Beach
8:30 a.m. -12:00 p.m.
• Broadway Theater District
• Hollywood Movie Palaces
• Overview Tour
• Watts Towers
• WindsorSq/Hancock Pk
8:45 a.m. - 5:00 p.m.
• Getty Center Tour
• Santa Monica
• Whole Lotta Shakin'
9:00 a.m. - 5:00 p.m.
• Pasadena Highlights
• Stained Glass
11:30 a.m. - 5:00 p.m.
• Movie Studio Tour
1:30 p.m. - 5:00 p.m.
• Downtown Walking Tour
• San Gabriel Mission
• Windsor Sq/Hancock Pk
1:45 p.m. - 5:00 p.m.
• Arthur Benton Designs
8:15 a.m. - 5:00 p.m.
• Greene & Greene
• San Juan Capistrano
8:30 a.m. -12:00 p.m.
• Industrial Los Angeles
8:45 a.m. - 5:00 p.m.
• San Fernando Valley
1:30 p.m. - 5:00 p.m.
• Art Deco
• Broadway Theater District
• Case Study Houses
• Cemeteries
• Downtown Walking.Tour
• Union Station
• Watts: Hidden Jewel
154
5
we •
Focus Areas
Conference attendees represent a wide range of roles and interests in community preservation. To
help plan your conference activities, the
chart below is
organized into various professional and
vocational interest areas and includes educational sessions, field
sessions, and affinity activities. If,
for example,
you are on the staff of a house museum, be sure to
see the "Historic Sites" listings. If
you are new to preservation, or are attending
your first National
Preservation Conference, the "New
to Preservation" listings will be helpful.
KEY Educational Session
Field session
Affinity ACtiVity
• •COMMERCIAL
. -.
Tue
Advocacy 101
p. 14
Fri
Coffee Shops, Bowling Alleys, Cocktail p. 27
Wed
Communicating the Preservation
p. 17
Lounges: Postwar Landscape of Los Angeles
Message to Congress
Fr/Sa
Broadway Theater District Revitalization p. 27,36
}
Wed
y-Jr
Advocacy Success Stories from
p. 17
Fri
Highlights of Historic Pasadena p. 29
ry
the Statehouses and City Councils
Sat
Multicultural Main Streets p. 37
Thu
Advocating for Cultural Resources in
p. 24
S17
at
The Automobile and the p. 36
National Parks
Transformation of Los Angeles
Z
Thu
Losing the Battle but Winning the War
p. 26
w
Thu
Saving the Unsaveable: The Fight
p. 23
CULTURAL DIVERSITY
U
to Preserve St. Vibiana's Cathedral
Thu
Advocacy Luncheon
p. 23
Tue
Emerging Preservation P. 15
+J
N
Sat
Getting the Story Out: Preservation
p. 37
Leaders Welcome Session
r-'l
and the News Media
Wed
Gays, Lesbians & Friends P. 19
CV
Sat
Picture This! Advocacy Training
p. 36
in Preservation Reception
w
for Responsible Citizens
We/Th
Lincoln Heights: p. 18,21
Los Angeles' First Suburb
COMMERCIALDISTRICT
REVITALIZATION
Thu
Preserving our Cultural Mosaic p. 22
Thu
1-:3,
Relating Parks to Diverse Communities p. 20
Z
The
E-tailing on Main Street
P. 15
Thu
El Pueblo de Los Angeles: p. 21
Tue
Neon Cruise
p. 16
Birthplace of the City
(/)
Tu/We/
Overview Tour: p. 15,18,21,29
Thu
Preserving Little Tokyo's Cultural Heritage p. 22
w
Th/Fr
A Preservation Perspective
Thu
Lure & Legacy of the Arroyo Seco p. 22
ry
Wed
Ballparks & Stadiums: Coming
p. 17
Thu
Paul Williams: Architect of His Time p. 22
to a Town Near You
Thu
Interpreting Gay and Lesbian History p. 23
Wed
Big City Revitalization Projects
p. 18
Fri
Watts Towers Restoration p. 29
Wed
Real Estate Luncheon
P. 19
Fri
Heritage Tourism Stories p. 30
Lli
We/Th/
Downtown Overview p. 18,24,31,37
Fri
Las Californias: Binational Preservation p.31
Fr/Sa
Walking Tour
of Regional Heritage
�—
Wed
Pasadena Downtown Revitalization
p. 18
Fri
Preservation's Role in a p. 28
C/)
Wed
Hollywood Boulevard Movie Palaces
p. 18
Multicultural Society
QWed
Corporate Franchise Design
p. 17
Fri
An Evening with Sandra Tsing Loh p. 32
U
Thu
Foundation's Role in Smart Growth
p. 24
Fri
African American Places: p. 32
r--i
Thu
Visual Simulation Technology
p. 23
A Legacy to Maintain Reception
ry
Thu
Saving the Unsaveable: The Fight
p. 23
Fri
Conservation Issues at Endangered p. 32
w
to Preserve St. Vibiana's Cathedral
American Folk Art Sites
Thu
Last Remaining Seats
p. 26
Fri
Second Baptist Church Retrospective: p. 33
Q
Thu
El Pueblo de Los Angeles:
p, 21
The Hope, the Church, the City
Birthplace of the City
Sat
Multicultural Main Streets p. 37
Fri
Public -Private Partnerships for
p. 30
Sat
Oral History and the p. 34
?`
Publicly -Owned Properties
Architectural Survey
Fri
Recreating an Urban
Sat
Preservation in Diverse Neighborhoods p. 36
QEntertainment
District
p. 30
Sat
San Juan Capistrano by the Sea 1 �jp. 34
i vp.
Fri
Rosie the Riveter
p. 28
Sat
Watts: Los Angeles' Hidden Jewel 36
8
007
reams,
i�A $
Tue
Los Angeles the Magnificent
p. 16
Wed
Corporate Franchise Design
p. 17
Thu
ADA and Historic Preservation
p. 22
Thu
Design Review: Do's and Dont's
p. 20
Thu
Historic Building Additions:
p. 24
A Matter of Design
Thu
Griffith Observatory:
p. 24
Restoration and Expansion
Fri
Restoring Frank Lloyd Wright -Designed
p. 28
Homes for Institutional Use in California
Fri
AIA Historic Resources
p. 27
Committee Breakfast
Fri
ATour of the Getty Center
p. 29
Fri
Architect Arthur Benton: Better than
p. 31
Greene and Greene? Or Better?
Fri
Stained Glass: Preserving for
p. 29
Future Generations
Sat
'Cr:
Conducting a Historic Structures Report
p. 3S
Sat
Case Study Houses
p. 37
by Pierre Koenig:Framed in Steel
Sat
Legacy of Greene and Greene
p. 34
Thu
ADA and Historic Preservation
p. 22
Thu
Relating Parks to Diverse Communities
p. 20
Thu
California's Citrus Legacy
p. 21
and Open Spaces
Thu
Living the California Dream:
p. 21
Three Visions of Utopia
Fri
jjv
Army Historic Properties: An
p. 29
Opportunity for Renewal
Fri
I
Easements and Partnerships That
p.32
Protect Cultural Resources
Fri
Public -Private Partnerships for
p. 30
Publicly -Owned Properties
Fri
t__1
Rosie the Riveter
p. 28
Fri
Highlights of Historic Pasadena
p. 29
Fri
Watts Towers Restoration
P. 29
Fri
Whole Lotta Shakin' Going On
p. 29
Sat
Cold War Preservation at
p. 34
Three Department of Energy Sites
Sat
Oral History and the
p. 34
Architectural Survey
Sat
V-1
Section 106 Review Process
p. 36
Sat
Closing Plenary
p.37
Tue
710 Freeway Extension: Pathway to
P. IS
Paradise or Environmental Travesty?
Wed
Thinking Beyond the Pavement:
P. 18
The 710 Freeway
Thu
Enhancements Funding for
p. 20
Historic Preservation
Thu
Foundation's Role in Smart Growth
p. 25
Thu
4
Historic Neighborhood
p. 26
Schools vs. School Sprawl
Thu
Advocacy Luncheon
p. 23
Thu
Justice William J. Brennan Jr.
p. 20
Preservation Law Breakfast
Fri
Teaching with Historic Places Workshop
p. 31
Sat
Heritage Education Learning Centers
p. 34
Sat
Heritage Education Marketplace
p. 3S
Sat
Picture This! Advocacy Training for
p. 36
Responsible Citizens
a`
Thu
1
Heritage Development:
p. 26
Integrating Programs
Thu
Heritage Tourism Research Breakfast:
p. 20
Learn the Facts About Your Investment
Fri
Heritage Tourism Stories
p. 30
Fri
1
Heritage Tourism: The Good,
p. 28
the Bad and the Ugly
Fri
Recreating an Urban
p. 30
Entertainment District
Fri
Rosie the Riveter
p. 28
Fr/Sa
wo
Broadway Theater District
p. 27,36
Revitalization
Sat
Heritage Tourism:
p. 34
Strategic Marketing at Its Best
Sat
Closing Plenary
p.37
Mo/Tu
Upstairs and Downstairs:
p. 13
The Hearst CastleTm Tour
Tu/Th
Getty Center — On Your Own
p. 14,22
Tu/Fr
Movie Studio Tours
p. 14,30
Tue
National Register of
P. 1S
Historic Places Workshop
Thu
t;l
Preserving Our Cultural Mosaic
p. 22
Thu
Adobe Preservation History:
p. 23
Blessings and Curses
Thu
1 r-
Interpreting Gay and Lesbian History
p. 23
Thu
Disaster Preparedness Planning:
p. 25
Answering the Wake Up Call
Th/Sa
Cemetery Tour
p.21,37
15
= Field Session = Affinity Activity
KEY =Educational Session 001
01
Focus Areas
HISTORIC.,
-,
Thu
Preserving Little Tokyo's Cultural Heritage
p. 22
Thu
Higher Education:
p. 22
Thu
Living the California Dream:
p. 21
From Conflict to Cooperation
Three Visions of Utopia
Thu
Historic Buildings Dot Com
p. 24
Thu
Paul Williams: Architect of His Time
p. 22
Thu
Historic Neighborhood
p. 26
Thu
USC's 21 st Century Strategies
p. 21
Schools vs. School Sprawl
to Save Landmarks
Thu
How to Save Your Historic
p. 24
Fri
.�
Las Californias: Binational Preservation
p. 31
Neighborhood School
of Regional Heritage
Thu
Preserving the Recent Past
p. 24
Fri
Restoring Frank Lloyd Wright -Designed
p. 28
Fri
America's Changing Population and
p. 30
Homes for Institutional Use in California
Implications for Historic Preservation
Fri
AIA Historic Resources
p. 27
Fri
What Do Brownfields Have to
p. 32
Committee Breakfast
Do with Historic Preservation?
Fri
Conservation Issues at Endangered
p. 32
Sat
tl
Cold War Preservation at
p. 34
American Folk Art Sites
Three Department of Energy Sites
Fri
Stewardship Luncheon
p. 30
Sat
Filming at Historic Sites
p. 37
ry
Fri
Teaching with Historic Places Workshop
p. 31
Sat
Getting the Story Out:
p. 37
Fri
ATour of the Getty Center
p. 29
Preservation and the News Media
Fri
Architect Arthur Benton: Better than
p. 31
SatJ,
Monster Houses: When Your
p. 36
Z
Greene and Greene? Or Better?
Neighbor's Dream House Is a Nightmare
w
Fri
Catalina Island's Maritime History
p. 27
U
Fri
Elegant Windsor Square and Hancock Park
p. 28
LOCAL+
•N COMMISSIONS
N
Fri
Rancho to Deco: The Diversity
p. 27
Tue
Preservation Commission Short Course
p. 14
t-. {
of Long Beach Master Planning
Wed
Pasadena Downtown Revitalization
p. 18
N
Fri
San Gabriel Mission and
p. 31
Thu
ADA and Historic Preservation
p. 22
w
Seismic Rehabilitation
Fri
Santa Monica's Seaside Treasures
p, 29
Thu
Commission in Action
p. 25
Fri
Stained Glass: Preserving for
p, 29
Thu
Design Review: Do's and Dont's
p. 20
Future Generations
Thu
Historic Building Additions:
p. 24
Z
�--a
Fri
Watts Towers Restoration
p, 29
Thu
A Matter of Design
Griffith Observatory:
24
Fri
'�
Whole Lotta Shakin' Going On
p. 29
p.
Sat
Conducting a Historic Structures Report
p. 35
Fri
Restoration and Expansion
National Alliance of Preservation
30
w
p.
ry
Sat
Filming at Historic Sites
p. 37
Commissions Annual Meeting and Luncheon
Sat
Art Deco: The Style That Made a City
p. 36
Sat
Make 'em Clear, Make 'em Strong,
p. 37
Sat
Case Study Houses
p. 37
Make 'em Local: The Power of
Pierre Koenig: Framed in Steel
Preservation Ordinances
Qby
Sat
Legacy of Greene and Greene
p. 34
Sat
Monster Houses: When Your
p. 36
w
Sat
San Juan Capistrano by the Sea
p. 34
Neighbor's Dream House Is a Nightmare
lY
Sat
Watts: Los Angeles' Hidden Jewel
p. 36
Sat
Neighborhood Conservation Districts
p. 34
Cn
HOTISSUES
NEIGHBORHOOD
CONSERVATIW
UWed
�
Ballparks & Stadiums:
p. 17
Tue
Los Angeles the Magnificent
p. 16
H
Coming to aTown Near You
Tue
Volunteers and the Architectural Survey
P. 15
Wed
Big City Revitalization Projects
P. 18
We/Th
Lincoln Heights:
p: 18,21
w
Wed
Cellular Towers and Satellite Dishes
P. 18
Los Angeles' First Suburb
Wed
Current Headlines
P. 19
Thu
Historic Neighborhood
0.26
Q
Thu
`131 `J�
A Guerrilla Style Guide:
p. 20
Schools vs School Sprawl
Vocabulary for the Recent Past
Thu
How to Save Your Historic
p. 24
Thu
Disaster Preparedness Planning:
p. 25
Neighborhood School
Answering the Wake Up Call
Thu
Homes of Historic West Adams
�- -
>
Thu
Bits and Bricks: The Digital Revolution
p. 20
Thu
Renewing a Park/Renewingp
1p�4 f
<
and Historic Preservation
a Neighborhood
Thu
Heritage Development:
p. 26
Thu
USC's 21st Century Strategies
p. 21
Integrating Programs
to Save Landmarks
10
009
NEIGHBORHOOD
CONSERVATION — continued
Thu
West Hollywood's Sunset Strip
p. 25
Fri
y---v
Rehabilitating Affordable Housing
p. 30
Fri
An Evening with Sandra Tsing Loh
p. 32
Fri
Elegant Windsor Square and Hancock Park
p. 28
Sat
�
Monster Houses: When Your
p. 36
Neighbor's Dream House Is a Nightmare
Sat
Neighborhood Conservation Districts
p. 34
Sat
Preservation in Diverse Neighborhoods
p. 36
Sat
How Modern Was My Valley —
p. 35
Touring Postwar San Fernando Valley
Sat
Watts: Los Angeles' Hidden Jewel
p. 36
NEW TO PRESERVATION
Tue
Advocacy 101
p. 14
Tue
National Register of Historic
P. 15
Places Workshop
Tu/We/
Overview Tour: p.15,18,21,29
Th/Fr
A Preservation Perspective
Wed
Real Estate is the Name of the Game
P. 19
We/Th/
Downtown Overview p. 18,24,31,37
Fr/Sa
Walking Tour
Thu
Commission in Action
p. 25
Thu
Everything You Always Wanted to
p. 22
Know About Surveying the Recent Past
Thu
Losing the Battle but Winning the War
p. 26
Fri
Careers in Historic Preservation
p. 31
Fri
Heritage Tourism: The Good,
p. 28
the Bad and the Ugly
Fr/Sa
Broadway Theater District Revitalization p.
27,36
Sat
Make 'em Clear, Make 'em Strong,
p. 37
Make 'em Local: The Power of
Preservation Ordinances
Sat
Oral History and the Architectural Survey
p. 34
• .DEVELOPMENT
Tue
0
Acquisitions, Mergers, and Transitions
p. 14
Tue
Advocacy 101
p. 14
Tue
Membership Fundraising 101
p. 14
Tue
Taking the Next Step —
p. 14
Big Fundraising Campaigns
Tue
0
Volunteers and the Architectural Survey
P. IS
Tue
Statewide and Local
p. 14
Organizations Luncheon
Tue
Statewide and Locals Workshop
p. 14
Opening Session
Wed
Statewide Board Members Breakfast
p. 17
with William Hart
Wed
Statewide Staff Members Breakfast
p. 17
with Richard Moe
Fri Rancho to Deco: The Diversity p. 27
of Long Beach Master Planning
Sat From the Funders Point of View p. 35
Tue
Acquisitions, Mergers, and Transitions
p. 14
Wed
Cellular Towers and Satellite Dishes
P. 18
Wed
Communicating the Preservation
p. 17
Message to Congress
Wed
Advocacy Success Stories from
p. 17
the Statehouses and City Councils
Wed
Real Estate Luncheon
P. 19
Thu
Advocating for Cultural Resources
p. 24
in National Parks
Thu
Historic Neighborhood
p. 26
Schools vs. School Sprawl
Thu
Preservation Easements: Drafting,
p. 23
Enforcing, and Administering
Thu
Saving the Unsaveable: The Fight
p. 23
to Preserve St. Vibiana's Cathedral
Thu
Justice William J. Brennan Jr.
p. 20
Preservation Law Breakfast
Fri
Easements and Partnerships
p. 32
That Protect Cultural Resources
Sat
Section 106 Review Process
p. 36
Wed
Real Estate and Financing
p. 17
Wed
Real Estate is the Name of the Game
P. 19
Wed
Real Estate Luncheon
P. 19
Thu
Historic Buildings Dot Corn
p. 24
Thu
Preservation Easements: Drafting,
p. 23
Enforcing, and Administering
Thu
New Uses for Sacred Places
p. 23
Thu
Renewing a Park/Renewing
p.25
a Neighborhood
Fri
Easements and Partnerships
p. 32
That Protect Cultural Resources
Fri
Public -Private Partnerships for
p. 30.
Publicly -Owned Properties
Fri
Recreating an Urban
p. 30
Entertainment District
Fri
Rehabilitating Affordable Housing
p. 31
Fri
What Do Brownfields Have to
p. 32
Do with Historic Preservation?
Fri
Santa Monica's Seaside Treasures
p. 29
Fr/Sa
Broadway Theater District
p. 27,36
Revitalization
15
"i
M
11
KEY = Educational Session
= Field Session = Affinity Activity
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Focus Areas
Thu
A Guerilla Style Guide:
p. 20
Vocabulary for the Recent Past
Thu
Everything You Always Wanted to
p. 22
Know about Surveying the Recent Past
Thu
Preserving the Recent Past
p. 24
Thu
Roadside Architecture of the Southland
p. 25
Thu
West Hollywood's Sunset Strip
p. 25
Fri
Modern Landscape Architecture:
p. 28
Is Nothing Permanent but Change Itself?
Fri
Catalina Island's Maritime History
p. 27
Fri
Coffee Shops, Bowling Alleys, Cocktail
p. 27
Lounges: Postwar Landscape of Los Angeles
Sat
The Automobile and the
p. 36
Transformation of Los Angeles
Sat
How Modern Was My Valley —
p. 35
Touring Postwar San Fernando Valley
Sat
T?l
Cruising Industrial Los Angeles
p. 35
RELIGIOUS••
Thu
t-1
Saving the Unsaveable: The Fight
p. 23
to Preserve St. Vibiana's Cathedral
Thu
Partners for Sacred Places Meeting
p. 26
Thu
New Uses for Sacred Places
p. 23
Fri
Second Baptist Church Retrospective:
p. 33
The Hope, the Church, the City
Fri
San Gabriel Mission and
p. 31
Seismic Rehabilitation
RURAL•
Thu
Heritage Tourism Research Breakfast:
p. 20
Learn the Facts About Your Investment
Thu
California's Citrus Legacy and Open Spaces p. 21
Thu
Lure & Legacy of the Arroyo Seco
p. 22
Fri
Easements and Partnerships
p. 32
That Protect Cultural Resources
Fri
1
Modern Landscape Architecture:
p. 12
Is Nothing Permanent but Change Itself?
Fri
Y-1
Old Barns: Meeting the Challenge
p. 30
of Agricultural Change
Fri
Preserving Southwestern Prehistory
p. 30
Fri
Barn Again! Breakfast
p. 27
Fri
Saving Historic Roads Breakfast
p. 27
"Los Angleles gives preservation a new
dimension with the discovery of the city's
exciting and wildly creative past"
HUGH HARDY, FAIA, PRINCIPAL, HARDY HOLZMAN PFEIFFER
ASSOCIATES LLP, NEW YORK CITY
Tue
E-tailing on Main Street
P. 15
Wed
Opening Plenary
P. 19
Thu
Bits and Bricks: The Digital Revolution
p. 20
and Historic Preservation
Thu
Historic Buildings Dot Com
p. 24
Thu
Visual Simulation Technology
p. 23
Fri
Careers in Historic Preservation
p. 31
Fri
America's Changing Population and
p. 30
Implications for Historic Preservation
Fr/Sa
y-:1
Internet Resources for
p.30,34
the Preservationist
TRANSPORTATION
Tue
710 Freeway Extension: Pathway to
P. I5
Paradise or Environmental Travesty?
Wed
Thinking Beyond the Pavement:
P. 18
The 710 Freeway
Thu
Enhancements Funding for
p. 20
Historic Preservation
Thu
Roadside Architecture of the Southland
p. 25
Thu
Visual Simulation Technology
p. 23
Th/Sa
Union Station Walking Tour
p. 25,37
Fri
Saving Historic Roads Breakfast
p. 27
INTERACTIVE•
Enjoy debating with your peers on hot topics during six interactive
sessions. Scheduled throughout the conference, these sessions offer
an opportunity for you to discuss issues of national significance
with experts in the field.
Wed Y� Current Headlines P. 19
Wed Real Estate and Financing p. 17
Thu -4 A Guerrilla Style Guide: p. 20
Vocabulary for the Recent Past
Fri Heritage Tourism Stories p. 30
Fri y-9 Preservation's Role in a p. 28
Multicultural Society
Sat l Heritage Education Marketplace p. 35
THE 21st CENTURY
These sessions will focus on trends in this new century and how
they will affect the work of preservation.
Thu Bits and Bricks: The Digital Revolution p. 20
and Historic Preservation
Fri America's Changing Population and p. 30
Implications for Historic Preservation
12I
oil
T,dy 4 XP Q"
COUNCIL/RDA MEETING DATE: August 1, 2000
Authorization for Overnight Travel for the Community
Development Director and Planning Manager to
Attend the APA 2000 Region VI Conference to be
Held in Long Beach, California, September 16-19,
2000
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: 2
CONSENT CALENDAR: lJ
STUDY SESSION:
PUBLIC HEARING:
Approve the authorization for overnight travel for the Community Development Director
and Planning Manager to attend the American Planning Association (APA) 2000 Region
VI Conference to be held in Long Beach, California, September 16-19, 2000.
FISCAL IMPLICATIONS:
The approved Preliminary Fiscal Year 2000/2001 Budget allocates $7,600 for the
Community Development Department staff to attend conferences. Attendance at this
conference is estimated to be $1082 per person based on the following costs:
Registration $ 335
Hotel registration $ 387
Workshops $ 50
Travel $ 85
Meals 225
TOTAL $1,082
These funds are budgeted in the Travel and Meetings Account for the Community
Development Department (101-401-637-000 & 101-402-637-000).
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Funds have been budgeted for staff to attend conferences in years past. Information
regarding the conference is contained in Attachment 1.
1.6
CCJH.001
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the authorization for overnight travel for the Community Development
Director and Planning Manager to attend the American Planning Association (APA)
2000 Region VI Conference to be held in Long Beach, California, September 16-
19, 2000; or
2. Do not approve the request for the Community Development Director and Planning
Manager to attend the American Planning Association (APA) 2000 Region VI
Conference to be held in Long Beach, California, September 16-19, 2000; or
3. Provide staff with alternative direction.
Respectfully submitted,
5rry HerrpAn
ommuni{y Development Director
Attachment:
APA 2000 Region VI Conference Information
Approved for submission by:
Thomas P. Genovese, City Manager
161
002
COH.001
11 am -
r)se- M
5:30 - i
on en
7 - 10:'
min
Backt
unday
7 - 8:3(
oi�ne
8:30 - 1
1 nam -
Committee CCAPA/NAPA Board/National Leadership Reception
I V. I V- :I I .JVGII I
ea er�cshop with Keynote Speaker Ron Heifetz
New Directions in Sustainable Development
Signs of the Times
The Sierra is in Danger: A Call to Action
Make No Little Plans: Planning, Financing, and Building Queensway Bay
Planner's Internet Toolkit
Planning for Design: the Role of Guidelines in City Building
11:45arh - 1:15pm
TSivarcifv Fnr ann _.lamas 11Aancaall_Ganraria
`AR!
II I
agnet c ewtation Train: Orange County to Las Vegas in 90 Minutes
Planning for Cultural Diversity with James Sauceda
Census2000: Getting Ready for Data
Sustainable Development: Learning from Village Homes
Planner. as Manager: The Reality of Supervising People
Real Estate Developers: A View into the Way They Think
Elements of Good Design (Design 101 for Planners)
3-4:15 m
n grog t e Communication Gap
Commubities of Color: Planning in Kodachrome
A New Planning Tool: Interest Based Negotiation
Blown to Bytes: Did the Cyber-balloon Collapse?
Getting the Job Done: Moving Into Management
California Continuing Resources Investment Strategy Project (CCRISP)
Redeveloping the Suburbs: Design Review in a Suburban Context
Y.JV - YJ 111
t ics aJ;n redibility
Bits and Pieces: The Importance of Remnant Landscapes in Historic Preservation and Community Design
Technology for the New Millenium: Visual Interactive Code
Working as a Planner in a Multi -Disciplinary Firm
Regional Solutions without Regional Government
History of Planning in California: Learning from Past Successes and Failures
Mastering the Art of Small Town Planning
6-8 mm'.
CA/NV Auction/Student Awards
io � In.
to en Alumni Reception
Consultant Reception
Mon
U,1901
- :C�--lam■1
Saturday
Sunday
Monday
Tuesday
k here to view a graphic
confe—rence schedule in
.pdf format.
his requires you to have
Adobe Acrobat Reader
:ailed on your computer.
Click here to download
obe�cro�at Reader 4.0
1162
004
Breakfast
O.-#U - I val l l
Effective La d Uselfransportation Development: Getting Outside the Big Box
AICP Certification Workshop
How to Hire the Right Consultant
Building Safe, Energy Efficient Skinny Streets
Crisis of Unmet Housing Needs
Los Angeles River: Lost and Found
When Gamina Comes to Town
10:15 - 11:30am 10:15 - 11:45am
Traffic Calming 13itizen Involvement MW#6 PTay�ista
AICP College Bowl
Environmental Justice: This Disparity of Open Space
Working Together to Build Healthy Neighborhoods
Housing Element Success Stories
Public to Private: Making the Professional Planning
Transition
Re -Tooling Regionalism in Southern California
11:45a - 1.15 m
annina wards Luncheon
1:30 - Z45- Z45pm� 1:30j- 6 m
eguR Iating unains: The Local Experience MW #5 Watts Towers
The Ethical Side of Planning
Public Art, Murals, and Cultural Centers
Public Health and Pedestrian -Oriented Design
Housing Low -Income Seniors & Families: How to Build
Affordable Housing in Your City
Legislative Update: 2000 and Beyond
Regional Planning in California in the 21st Century
33-4:15 mm 3-6 m
rope erty Rights, Takings, and Exactions APA Policy Forum
The Value of Computer Modeling in Planning: Case Studies
SafeScape: Partnerships for Livable Communities
Utility Restructuring & Community Planning
Long Beach: Planning & Development Perspectives...
The Growth in Trucking & Implications for Local Planning
Dealingwith Stormwater Runoff: How Will New Rules...
4:30 - 545 m
e r. an Design Audit' for "Neweden"
Creating Livable Communities: Bricks & Mortar & Bits
The Wetlands Park: A Federal, State and Local Environmental Partnership
Coastal: Communities and Tourism
Practical Applications of Smart Growth
Wireless Infrastructure for the Year 2000: The Art of Stealthing and Camouflage
The State of Water
6-8:30 m
Anniversary Celebration - Long Beach Museum of Art Z on he Town
ont�htal Breakfast
8:45 - 10:00am
e Riverside ounty Integrated Project: A New Process, A New Vision...
Law & Planning Update 1999-2000
Holistic ;Approaches to Neighborhood Revitalization
Using Standard & Visual Surveys for City planning and Design
Habitat Conservation Plans: Does Size Matter?
Building Bridges —and Airports and Aqueducts
IV. IJ - it I.J VPIII
Smart rowt : vercoming Legal & Planning Obstacles
Humor in Planning
Win-Wim-Win: New Models for Resolving Regional Disputes
Planning at the Edge of the Millennium: Improving Land Use Decisions in California
Strategies for Open Space Acquisition
Uncovering the Facts about Brownfields: What is a Planner's Role?
11:45am - 1
005
T,44t 4 4 Q"
COUNCIL/RDA MEETING DATE: August 1, 2000
Approval of a Professional Services Contract
Amendment No. 3 for General Plan Update
Consulting Services
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
Authorize the City Manager to sign a Professional Services Contract Amendment for
consulting services to update the General Plan with Terra Nova Planning and
Research, Inc.
A total of $171,000 has been continued as an appropriation in the Community
Development Department's Fiscal Year 2000-2001 Contract Services Account W 01-
402-605-000) of which $31,000 is designated for the General Plan Planning Area
expansion and the Golf Cart Transportation Plan. The amendment to the contract is
for this additional work.
None.
At the conclusion of the May 16, 2000 General Plan Update Public Hearing, the City
Council directed staff to prepare a Golf Cart Transportation Plan. In addition, at the
June 6, 2000 City Council meeting , the Council directed staff to expand the General
Plan Update Planning Area north from Airport Boulevard to Avenue 50 and east to
Van Buren. Contract Amendment No. 3 and Terra Nova's (the project consultant)
proposed detailed budget for this work are provided as Attachment 1.
CC.GPUcontract.Amd#3 164
The alternatives available to the City Council include:
1. Authorize the City Manager to sign a Professional Services Contract
Amendment for consulting services to update the General Plan with Terra Nova
Planning and Research, Inc.;or
2. Do not authorize the City Manager to sign a Professional Services Contract
Amendment for consulting services to update the General Plan with Terra Nova
Planning and Research, Inc.;or
3. Provide staff with alternative direction.
Respectfully sybmitted,
J rry Harman, Community
evelopment Director
Approved for submission by:
Thomas-P. Genovese, City Manager
Attachments:
1. Contract Services Amendment No. 3
CC.GPUcontract.Amd#3 165
002
ATTACHMENT 1
AMENDMENT 3
TO
CONTRACT SERVICES AGREEMENT
This is Amendment 3 to the Contract Services Agreement related to General Plan Update
consultant services for the City of La Quinta, California executed on August 1, 2000, is made and
entered into by and between the City of La Quinta (the "City") and Terra Nova Planning &
Research Inc. (the "Contractor") The parties hereto agree as follows:
i • -TAXI 7:I�i7
Contractor shall conduct the scope of services related to Job I) Expanded Planning Area
boundary north from Airport Boulevard to Avenue 50 and east to Van Buren for the General Plan,
and Job II) Golf Cart Plan and integration into the General Plan as set forth below and stated in
the attached proposals:
JOB I. EXPANDED PLANNING AREA
Task #TaskD-c&crj0*on
Task 1
Master Environmental Assessment
$1, 000.00
Task 2
General Plan Documentation and Drafting
Notice of Preparation, NOA,NOD
$750.00
Task 3
CEQA Public Notices/Documentation
$250.00
Task 4
Program EIR Documentation and Drafting
$1,200.00
Task 5
Land Use Planning/Analysis
$1,100.00
Task 6
Geotechnical Assessment, Analysis &
Report
$1,080.00
Task 7
Cultural Resources Assessment& Element
$1,200.00
Task 8
Traffic Impact Analysis
$ 5,750.00
Task 9
CAD Drafting and Mapping
$ 3,500.00
Task 10
Misc. Exhibit Preparation
$ 440.00
Task 11
Misc. Office
$ 250.00
SUB -TOTAL
$15,320.00
Q
166
004
Q
JOB H. GOLF CART PLAN AND INTEGRATE INTO GENERAL PLAN
Task #
Task 1
Master Environmental Assessment
$1,400.00
Task 2
General Plan Documentation and Drafting
$450.00
Task 3
Program EIR Documentation and Drafting
$800.00
Task 4
Golf Cart Plan Stand Alone Research &
Document Drafting
$5,200.00
Task 5
Traffic Impact Analysis including cost
estimates for a mile/class type, and for total
proposed system
$4,500.00
Task 6
Miscellaneous Exhibit Preparation
$1,600.00
Task 7
Printing
$350.00
Task 8
Misc. Office
$300•00
SUB -TOTAL
$14 600.00
JOB
I AND
II
GRAND TOTAL FOR I. EXPANDED
PLANNING AREA, AND H. GOLF CART
PLAN AND INTEGRATE INTO GENERAL
$29,920.00
For the services rendered pursuant to this Amendment, the Contractor shall be
compensated by the City the Amendment amount not to exceed Twenty Nine Thousand and Nine
Hundred and Twenty Dollars ($29,920.00). The method of payment shall be in accordance with
the April 21, 1999 Contract Services Agreement. .
I ' _A 11)C u EV .I D1 1)
Contractor shall complete the scope of services in accordance with the April 21, 1999
Contract Services Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates
stated below:
167
005
CITY OF LA QUINTA, a California municipal corporation ("CITY")
Dated: By:
Thomas P. Genovese, City Manager
City Contract Administrator
TERRA NOVA PLANNING & RESEARCH INC., a Califo 'a corporation
("CONTRACTOW)
r
Dated: a By•
Name (print):
Title: Vice President
d
168
006
r.
I TERRANOVA PLANNING &RESEARCH INCH
June..11, 2000
T
Mr. Fred Baker ���c
Principal Planner
City of.La Quinta QNIT c o
78-495 Calle Tampico
La Quinta, CA 92253
RE: Changes in General Plan Planning Area, extension north of Airport Blvd, to. Van Buren
Dear Fred:
This letter is being written in response to your request that we expand the Planning Area for
the General Plan north from Airport Boulevard to 50th, and east to Van Buren.
All the special studies, with the exception of traffic and noise, were complete prior to the
expansion of the boundary. These now need to be amended, particularly as regards exhibits
and records searches.
The General Plan text and the MEA were complete, with the exception of the traffic and
noise components. These will be reviewed and amended. wherenecessary to reflect the new
boundary area. All associated exphibits will be amended and supplemented as necessary.
The land use. maps for all four alternatives will be amended as necessary: This includes the
existing general plan map (with the addition of County designations in the new boundary
area), the low and high intensity alternative, and the recommended alternative.
The EIR was approximately 60% complete. All sections will need -to be reviewed and
amended as necessary to reflect the -new boundary. EIR exhibits will be amended as well.
The following details amendments to our budget being requested by Terra Nova and sub -
consultants resulting from the change in the Planning Area boundary (the items below are.
listed under the same categories as our original budget).
Task/Budget Category
Master Environmental Assessment
General Plan Documentation and Drafting
Notice of Preparation, NOA, NOD,
Amount
$ 1,000.00
$ 750.00
[Fill
CEQA Public Notices/Documentation $ 250.00
Program EIR Documentation and Drafting $ 1,200:00 007
400 SOUTH FARRELL, SUITE B-205 0 PALM SPRINGS, CA 92262 0 (760) 320-9040
Mr. Fred Baker.
June 11,2000
Page 2
Land Use Planning/Analysis $ 1,100.00
Geotechnical Assessment, Analysis & Report $ 1,080.00
Cultural Resources Assessment & Element $ 1,200.00
Traffic Impact Analysis $ 5,750.00
CAD Drafting and Mapping $ 3,500:00
Misc. Exhibit Preparation $ 440.00
Misc.Office $ 250.00
Total Budget Amendment Request $159320.00
As you know, we have stopped the traffic engineer, pending authorization from you to --
proceed.. The noise study and land use mapping will also need to be completed as quickly as
possible, to minimize process delays. Your prompt review of this letter and attachments is
therefore: requested.
Please feel free to contact me if you have any questions or need additional information:
Sincerely,
Nicole Sauviat Criste
Principal
170
008
TERRA NOVA PLANNING &.RESEARCH INCH
June 11, 2000
Mr. Fred Baker
Principal Planner�� c
A)
City of. La. Quinta °
78-495 Calle TampicoM�n
La Quinta, CA 92253
RE: Golf -Cart Plan and associated integration into the General Plan process.
Dear Fred:
In response to your request regarding the addition of a golf cart plan which will be both a
stand-alone document and :a part of the General. Plan and MEA. We have used the Rancho
Mirage document you provided as a guide to develop the program for this project. Our
scope of work and budget are provided in greater detail below.
Scope of Work
• Terra Nova and RKJK Associates will review state standards for on -street golf cart
usage, and interpret these standards to City General Plan roads.
• RKJK will incorporate golf cart route recommendations into the technical study for the
General Plan Circulation Element. Terra Nova will then integrate this analysis into the
Master Environmental Assessment and General'Plan document. Further analysis will
also be conducted for integration of the proposed plan into the Environmental Impact
Report.
• Terra Nova will draft a stand-alone Golf Cart Plan, expanding on the General Plan and
MEA. documentation, and providing practical details of the standards and regulations for
golf cart paths in State law. The plan will include a land use analysis, basis for route
selection, important connection points within the community, and areas of potential
conflict, if any are identified. The plan will also include enabling legislation; proposed
amendments to the Municipal Code, as required; and details of the requirements for each
of three types of golf cart paths (Class I through III).
• All golf cart routes will be mapped on circulation element, MEA, EIR and Golf Cart
Plan exhibits, and categorized Class I through R.I.
• Terra Nova will provide a screen check draft of the stand-alone document to City staff
for review. Comments will be integrated into a hearing draft, to be processed through the
171
400 SOUTH FARRELL, SUITE B-205 0 PALM SPRINGS, CA 92262 0 (760) 320-90 9
Mr. Fred Baker
June 11, 2000
Page 2
Planning Commission and City Council.. Screen check drafts of the
General Plan, MEA
and EIR are included in the previous budget for. these items.
• Terra Nova will provide 10 copies of the golf cart plan stand-alone document, a print
master and a digital copy to the City for its use.
Budget
Master Environmental Assessment
$
1,400.00
General Plan Documentation and Drafting
$
450.00
Program EIR Documentation and Drafting
$
800.00
Golf Cart Plan Stand -Alone Research & Document Drafting
$
5,200.00
Traffic Impact Analysis
$
4;500.00
Misc. Exhibit Preparation
$
1.600.00
Printing
$
350.00
Misc. Office.,
$
300.00
Total Budget
$14,600.00
I hope this provides you with the information you require. Please feel free to. contact me
if you have any questions or need additional information.
Sincerely,
0
..Nicole Sauviat Criste ► �_�
Principal
17?
010
Tit,, 4 4Q"
AGENDA CATEGORY:
BUSINESS SESSION: /
COUNCIL/RDA MEETING DATE: August 1, 2000 CONSENT CALENDAR:
ITEM TITLE:
STUDY SESSION:
Consideration of Appointment to PUBLIC HEARING:
the Palm Springs International Airport
Commission
RECOMMENDATION:
Approve the selection of a representative to serve on the Palm Springs International
Airport Commission; and
Determine the term of office for this appointment.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Clerk's Office received notification via telephone from the Palm Springs
International Airport Commission that the term of the City of La Quinta representative,
Mr. Robert Tyler expired on June 30, 2000. The length of the term of office for this
commission has been determined by the City Council in the past. The representatives
appointed by the City of Palm Springs are appointed for four (4) year terms.
The Commission has requested the City Council reconfirm its current appointment or
notify the Commission if a new appointment is made.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of a representative to serve on the Palm Springs
International Airport Commission; and
173
Determine the term of office for this appointment; or
2. Do not approve the selection of a representative to serve on the Palm Springs
International Airport Commission; and
Do not determine the term of office for this appointment; or
3. Provide staff with alternative direction.
Respectfully submitted,
J Greek, CMC/AAE
City Clerk
Approved for submission by:
Thomas P. Genovese,
City Manager
74
00�
1
Tit(f 4 4& Q"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000 CONSENT CALENDAR:
ITEM TITLE:
Consideration of Selection of a
Voting Delegate and an Alternate to
the League of California Cities Annual
Business Meeting - September 7-9, 2000
RECOMMENDATION:
STUDY SESSION:
PUBLIC HEARING:
Approve the selection of a voting delegate and an alternate for the League of California
Cities Annual Conference business meeting.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Each year, prior to the League of California Cities Annual Conference, the member
cities are asked to designate a voting representative and an alternate who will attend
the business meeting, which is conducted as part of the annual conference.
This year, Council Members Terry Henderson and Don Adolph are planning to attend
the annual conference in Anaheim, CA - September 7 through September 9, 2000.
(Attachment 1)
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of a voting delegate and an alternate for the League of
California Cities Annual Conference business meeting; or
175
2. Do not approve the selection of a -voting delegate and an alternate for the
League of California Cities Annual Conference business meeting; or
3. Provide staff with alternative direction.
Respectfully submitted,
Juno P reek, CMC/AAE
City
Approved for submission by:
Thomas P. Genovese,
City Manager
Attachments: 1. League of California Cities
Memorandum dated June, 2000
002
176
ATTACHMENT 1
Better Cities —A Better Life
June 2000
To:
From:
Re:
LedqUe of California Cities
RECEIVED
[ran JUF 1 Pin 3: 18
CITY 0= LA OUINTA
CITY CLERK'S OFFICE
The Honorable Mayor and City Council
John Ferraro, League President, Council President, Los Angeles
Designation of Voting Delegate for League Annual Conference
This year's League Annual Conference is scheduled for Thursday, September 7
through Saturday, September 9, 2000 in Anaheim, CA. One very important aspect of
the annual conference is the annual business meeting when the membership takes
action on conference resolutions. Annual conference resolutions guide cities and the
League in our efforts to improve the quality, responsiveness and vitality of local
government in California. It is important that all cities be represented at the annual
business meeting on Saturday, September 9, 2000, at 9 a.m. at the Anaheim
Convention Center.
To expedite the conduct of business at this important policy -making meeting,
each city council should designate a voting representative and an alternate who
will be present at the annual business meeting. League bylaws provide that each
city is entitled to one vote in matters affecting municipal or League policy. A voting card
will be given to the city official designated by the city council on the enclosed "Voting
Delegate Form." If the mayor or a member of the city council is in attendance at the
conference, it is expected that one of these officials will be designated as the voting
delegate. However, if the city council will not have a registered delegate at the
conference but will be represented by other city officials, one of these officials should
be designated the voting delegate or alternate.
Please complete and return the enclosed "Voting Delegate Form" to the Sacramento
office of the League at the earliest possible time (not later than Friday, August 18,
2000), so that proper records may be established for the conference. The voting
delegate may pick up the city's voting card at the designated Voting Card desk located
in the League registration area.
The voting procedures to be followed at this conference are printed on the reverse side
of this memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is
appreciated. If you have any questions, please call Lorraine Okabe at (916) 658-8236.
177
004
League of California Cities
Annual Conference Voting Procedures
Each member city has a right to cast one vote on matters pertaining to League policy.
2. To cast the city's vote a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee.
3. Prior to the annual conference, each city should designate a voting delegate and an
alternate and return the Voting Delegate Form to the League for use by the
Credentials Committee.
4. The voting delegate or alternate may pick up the city's voting card at the annual
conference registration area.
5. Free exchange of the voting card between the voting delegate and alternate is
permitted.
6. If neither the voting delegate nor alternate is able to attend the annual business
meeting, the voting delegate or alternate may pass the voting card to another official
from the same city by appearing in person before a representative of the Credentials
Committee to make the exchange. Prior to the annual business meeting, exchanges
may be made at the annual conference registration area. At the annual business
meeting, exchanges may be made at the voting card table located in the front of the
meeting room. Exchanges may not be made while a roll call vote is in progress
because the Credentials Committee will be conducting the roll call.
7. Qualification of an initiative resolution is judged in part by the validity of signatures.
Only the signatures of city officials, who, according to the records of the Credentials
Committee, are authorized to use the city's voting card and who have left a sample of
their signature on the Credentials Committee register will be approved.
8. In case of dispute, the Credentials Committee will determine the right of a city official
to vote at the annual business meeting.
G:\policy\acres\voteprox.doc
178 005
Tit!t 4 4 "
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Consideration of Award of Contract to
Install Improvements for Fritz Burns Park Fence
Rehabilitation Improvement, Project No. 98-16
STUDY SESSION:
PUBLIC HEARING:
Appropriate an additional $ 51,585.38 from RDA Project Area No. 1 funds toward the
Fritz Burns Park Fence Rehabilitation Improvements; and
Approve the revised project budget; and
Award a contract in the amount of $93,316.40 to Quality Fence Company, Inc. to
construct Project No. 98-16, Fritz Burns Park Fence Rehabilitation Improvements.
The following funding sources are available:
Funding Source
RDA Project Area #1 CIP Fund
General Fund
Account Number
401-000-493-000
401-000-493-000
TOTAL:
Less Prior Expenditures:
Remaining Funds Available:
Amount
$150,000.00
$26,640.00
$176,640.00
$1 12,489.72
$64,150.28
Based upon the low bid in the amount of $93,316.40, the following represents the
proposed project construction budget:
Construction Costs: $93,316.40
Inspection/Testing: $7,232.02
Administration: $4,665,82
Subtotal: $105,214.24
Contingency (10%): $10,521.42
Total Anticipated Costs: $1 15,735.66
179
TAMDEMCOUNCIL\2000\000801 e.wpd
The total estimated construction related costs for this project total $1 15,735.66. The
amount currently available is $64,150.28. A shortfall exists in the amount of
$51,585.38. Sufficient funding is available within the RDA Project Area No.1 Fund
to cover the shortfall amount.
Since RDA funding is being utilized for this project, the City bid the project with
prevailing wage requirements. Therefore, there are no Charter City implications.
On January 19, 1999, the City Council approved the plans, specifications, and
Engineer's estimate (PS&E),for the Fritz Burns Park/Bear Creek Bike Path Rest Stop
Improvements and authorized staff to advertise the project for bid.
The Fritz Burns Park improvements included the restoration (removal and replacement)
of rubber matting at the water feature; recreational level lighting for four unlit courts
(2 - tennis, 2 - roller hockey); replacement of damaged court fencing, and removal and
replacement of wind screen fabric for the tennis courts. The project also included the
installation of shade structures, bike racks, benches, drinking fountains, and trash
receptacles at four separate locations (approximately 1 mile apart) along the Bear
Creek Bike Path.
The project was originally bid with the following two add alternates:
Add Alternate 1: Installation of roller hockey dasher boards for the two
southern courts; and
Add Alternate 2: Installation of additional playground equipment, (2) sets of
swings and a tot age group slide.
On April 15, 1999, a single bid was submitted by Ground Zero Demolition Company
of Cathedral City, California, in the amount of $228,209. This bid was substantially
more than estimated.
On April 20, 1999, the City Council rejected the Ground Zero Demolition Company bid
and authorized staff to restructure the project into smaller scopes of work. The work
was divided by discipline. Staff sought proposals for electrical work exclusively from
electrical contractors, and proposals for fencing and wind screen from fencing
contractors.
:M
T:\PWDEPT\COUNCIL\2000\000801e.wpd 002
Staff attempted to negotiate a contract to remove and replace the court fencing and
wind screen fabric surrounding the Fritz Burns Park tennis courts. Unfortunately,
independent bids for this work activity have exceeded the City's $25,000.00
maximum negotiation limits for sole source construction work. Subsequently, staff
prepared the PS&E which specifically addressed the removal and replacement of
fencing and wind screen fabric.
On April 18, 2000, the City Council approved the project plans and specifications, and
Engineer's Estimate for the Fritz Burns Park Fence Rehabilitation Improvement, Project
No. 98-16; and authorized staff to advertise the Fritz Burns Park Fence Rehabilitation
Improvement Project for bids. During this meeting, staff informed the City Council
that additional revenue would be required to complete the project.
On July 10, 2000, the City received one bid from Quality Fence Company, Inc. to
construct the Fritz Burns Park Fence Rehabilitation Improvement, Project No. 98-16.
The following is a comparison of the bid received and the Engineer's Estimate:
Bidder Base Bid Area
Engineer's Estimate $96,700.00
Quality Fence Company, Inc. $93,316.40
Based upon an August 1, 2000 award, the following represents a tentative project
schedule:
Project Award: August 1, 2000
Construction Period (30 days): August 15, 2000 - September 14, 2000
Project Acceptance: October 2000
The alternatives available to the City Council include:
1. Appropriate an additional $ 51,585.38 from RDA Project Area No. 1 funds
toward the Fritz Burns Park Fence Rehabilitation Improvements; approve the
revised project budget; and award a contract in the amount of $93,316.40 to
Quality Fence Company, Inc. to construct Project No. 98-16, Fritz Burns Park
Fence Rehabilitation Improvements; or
2. Do not appropriate an additional $ 51,585.38 from RDA Project Area No. 1
funds toward the Fritz Burns Park Fence Rehabilitation Improvements; do not
approve the revised project budget; and do not award a contract in the amount
of $93,316.40 to Quality Fence Company, Inc. to construct Project No. 98-16,
Fritz Burns Park Fence Rehabilitation Improvements; or
3. Provide staff with alternative direction. 181
TAMDEMCOUNCIL\2000\000801e.wpd 003
Respectfully submitted,
Chris A. Vogt 1001
Public Works Director/City Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
182
TAPW DEPT\COUNCIL\2000\000801 e. wpd
004
Ti4
"
AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000 CONSENT CALENDAR:
ITEM TITLE: Consideration of Award of Contract to STUDY SESSION:
Construct Cove Oasis/Lake Cahuilla Trailhead,
Project No. 98-18 PUBLIC HEARING:
Appropriate an additional $50,217.55 from RDA Project Area No. 1 Funds toward the
Cove Oasis/Lake Cahuilla Trail improvements, approve the revised project budget, and
award a contract in the amount of $146,157.00 to Seto Construction, Inc. to
construct Project No. 98-18, Cove Oasis/Lake Cahuilla Trailhead Improvements as
defined within the base bid area.
The following funding sources are available:
Funding Source Account Number Amount
RDA Project Area No. 1 CIP Fund 401-000-493-000 $200,000.00
TOTAL: $200,000.00
Based upon the low bid in the amount of $146,157.00, the following represents the
proposed project construction budget for Project No. 98-18, Cove Oasis/Lake Cahuilla
Trailhead Improvements:
Apparent Low Bidder:
Design (Previously Awarded):
Inspection/Testing:
IID utility costs:
Administration:
Contingency (10%):
$146, 200.00
$ 60,130.00
$11,330.50
$ 2, 500.00
$7,310.00
Subtotal: $227,470.50
$ 22, 747.05
Total Anticipated Phase I Project Costs:
$250,217.55 18 3
TAPWDEPT\COUNCIL\2000\000801 d.wpd
As indicated, a shortfall in the amount of.$50,217.55 exists between the amount
available and amount necessary to construct the improvements. The request for
additional funding accounts for the difference between the Engineer's Estimated base
bid and the actual apparent low base bid ($27,957), plus utility extension costs,
corresponding construction support, administration, and contingency costs.
Sufficient funding is available within RDA Project Area No. 1 to cover the shortfall
amount.
Since Redevelopment Agency (RDA) Funding is being utilized for this project, the City
bid the project with prevailing wage requirements. Therefore, there are no Charter
City implications.
On May 19, 1998, the City Council adopted the Fiscal Year 1998/1999 through Fiscal
Year 2002/2003 Capital Improvement Program (CIP). Improvements to the Cove
Oasis/Lake Cahuilla Trail were identified to receive funding during Fiscal Year
1998/1999. According to the CIP, this project includes the development of the Cove
Oasis Area (south of Tecate) as a future park, and the installation of trail head
improvements.
On May 4, 1999, the City Council authorized staff to prepare and distribute an
Request For Proposals (RFP) for the design of the Cove Oasis/Lake Cahuilla Trail Head
Improvements and appointed a Consultant Selection Committee which included Mayor
Pro Tern Sniff and City Council Member Henderson.
On October 5, 1999, the City Council authorized the City Manager to execute a
Professional Services Agreement with the firm of David Evans and Associates, for a
fixed amount not to exceed $60,130, to provide design services for the Cove
Oasis/Lake Cahuilla Trail Head Project.
On December 15, 1999, the City Council selected Concept "A" to be the Cove Oasis
Master Plan and directed staff to further refine the proposed site amenities for further
Council consideration.
On March 7, 2000, the City Council approved the site amenities for the Cove
Oasis/Lake Cahuilla Trail Improvements. In addition, the City Council directed staff
to recommend phasing of the improvements in accordance with available funding
which include, but are not necessarily limited to, the underground infrastructure. The
Phase I improvements recommended shall be constructed utilizing the existing budget
and proposed additional appropriation as stated in the recommendation. Future
phases will be constructed as additional funding is identified.
The apparent low base bid amount exceeds the Engineer's Estimate by $27,957. The
bid documents specify the basis of award shall be "the lowest responsive, responsible
bid whose base bid and City selected add alternates yields the lowest total Contract 184
price". Should the City Council desire to make an award without any additional
TAMDEMCOUNCIL\2000\000801 d.wpd 002
appropriation of funds there are several options to consider. One scenario would be
to award the full base bid and subsequently execute a deductive contract change
order to delete base bid item no. 2, Custom Drinking Fountain, bid item no. 3, Primary
Trail Head Sign and bid item no. 5, Blade/Scrape Trail Route. A potential accounting
is as follows:
Award Less Base Bid Items 2,3&5: $105,372.00
Design (Previously Awarded): $60,130.00
Inspection/Testing: $8,166.33
IID utility costs: $2,500.00
Administration: $5,268.60
Subtotal: $181,436.93
Contingency (10%): $18,143.69
Total Revised Phase I Project Costs: $199,580.62
On July 20, 2000, the City received two bids to construct Project 98-18, Cove
Oasis/Lake Cahuilla Trailhead Improvements. The following is a summary of the bids
received:
Bid Item Description
Engineer's
Seto
Den Boer
Estimate
Construction
Construction
Base Bid Area (Items 1-10):
$1 18,200.00
$146,157.00
$198,200.00
Add Alternate 1 - Large Shade Shelter
$28,000.00
$39,624.00
$43,000.00
Add Alternate 2 - Med Shade Shelter
$20,000.00
$45,352.00
$22,000.00
Add Alternate 3 - Small Shade Shelter
$15,000.00
$21,529.00
$18,000.00
Add Alternate 4 - "Unisex" Rstrm
$25,000.00
$43,031.00
$43,000.00
Add Alternate 5 - Water Feature
$12,000.00
$19,094.00
$1 1,000.00
Add Alternate 6 - Picnic Tables
$16,200.00
$8,100.00
$26,100.00
Add Alternate 7 - Trash Receptacle
$4,000.00
$1,875.00
$7,500.00
Add Alternate 8 - "Secondary" Trail
$17,600.00
$15,188.00
$11,000.00
Signs
Add Alternate 9 - Boulder Benches
$5,200.00
$4,143.75
$3,900.00
Add Alternate 10 - Septic System
$10,000.00
$1 1,985.00
$8,200.00
Subtotal:
$271,200.00
$356,078.75
$391,900.00
185
Due to budget constraints, the recommended award
is for the
base bid items.
T:\PWDEPT\COUNCIL\2000\000801d.wpd 003
Attachment 1 provides a detailed summary of base bid item descriptions and costs.
Add alternates 1-10 are not recommended for award at this time.
Considering City Council award on August 1, 2000, the following project schedule
is projected:
Contract Award:
Sign Contract/Mobilize
Construction Period (90
consecutive calendar days):
Project Acceptance/Close out:
August 1, 2000
August 15, 2000
August 15, 2000 to November 13, 2000
December 2000
The alternatives available to the City Council include:
1. Appropriate an additional $50,2177.55 from RDA Project Area No. 1 Funds
toward the Cove Oasis/Lake Cahuilla Trail improvements, approve the revised
project budget, and award a contract in the amount of $146,157.00 to Seto
Construction, Inc. to construct Project No. 98-18, Cove Oasis/ lake Cahuilla
Trailhead Improvements as defined within the base bid area; or
2. Do not appropriate an additional $50,217.55 from RDA Project Area No. 1
Funds toward the Cove Oasis/Lake Cahuilla Trail improvements, do not approve
the revised project budget, and do not award a contract in the amount of
$146,157.00 to Seto Construction, Inc. to construct Project No. 98-18, Cove
Oasis/ lake Cahuilla Trailhead Improvements as defined within the base bid
area; or
3. Provide staff with alternative direction.
Respectfully submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by:
g � � � � Z., r " �
Thomas P. Genovese, City Manager
Attachment: 1.Bid Summary
TAMDEMCOUNCIL\2000\000801 d.wpd
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AGENDA CATEGORY:
BUSINESS SESSION: Jr
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
4o
STUDY SESSION:
Consideration of a Response to CVAG's Request PUBLIC HEARING:
for a Letter of Interest for the Coachella Valley
Animal Campus
� 16 6M
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None at this time. Ultimately, if the City decides to participate in the project, it may
be expected to pay its share of the capital and operational costs associated with the
animal campus.
CHARTER CITY IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
CVAG has requested that its member jurisdictions provide a letter of interest with
regards to a Valley -wide animal campus. The request was sent to the Valley's
Mayors and Councilmembers and is included as Attachment 1. A response was
requested by August 11, 2000.
Included as Attachment 2 is a draft letter that addresses some of the issues that are
associated with a Valley -wide animal campus. The issues that would impact the
City's decision to participate in the construction and operation of a Valley -wide animal
campus include but are not limited to the following:
• location of the facility
• transportation costs to the facility
• privatization of the facility
• multiple facilities based on population growth
• construction costs of the facility
• operational costs of the facility
:•
The City Council may have additional issues of concern which would be included in
the response to CVAG.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1 . Authorize staff to draft a letter for the Mayor's signature expressing interest
in the concept of a Valley -wide animal campus and defining issues that must
be addressed prior to making a final decision to participate in the project; or
2. Authorize staff to draft a letter for the Mayor's signature indicating that the
City is not interested in the concept of a Valley -wide animal campus ; or
3. Provide staff with alternative direction.
Respectfully submitted,
Tom Hartung, Direct r of Building & Safety
Approved for submissi n y:
Thomas P. Genovese, City Manager
Attachments:
1. Letter from CVAG requesting a letter of interest for a Valley -wide animal
campus
2. Draft letter expressing interest in a Valley -wide animal campus
•N
CVAG ATTACHMENT
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
Blythe - Cathedral City • Coachella • Desert Hot Springs • Indian Wells • Indio • La Quints • Palm Desert - Palm Springs Rancho Mirage
County of Riverside - Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians
July 21, 2000
JUL 2 4
Mayor John Pena and Councilmembers
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Re: Request for Letter of Interest for Coachella Valley Animal Campus
Dear John,
In February, the Coachella Valley Association of Government (CVAG) was asked by the
City of Palm Desert to look into the viability of a valley -wide animal shelter. CVAG staff,
member jurisdictions, and local participating animal organizations have formed an alliance
and diligently undertaken the process of researching the idea of a regional Coachella
Valley animal shelter. As we have explored the concept we have begun referring to the
project as an "animal campus" since we envision much more than simply warehousing lost
or unwanted animals.
Those members of our Human and Community Resources Committee who visited our local
shelters will attest to the fact that our present facilities are over -crowded, difficult to
maintain and keep clean and not conducive to animal adoption. In short, our shelter
facilities are woefully inadequate.
The proposed Coachella Valley Animal Campus is envisioned to be centrally located in the
Coachella Valley and close to an 1-10 exit. We anticipate that the present Desert Hot
Springs and Indio facilities would remain as satellite facilities but with reduced animal
populations.
Members of CVAG's Human Community Resource Development Committee have toured
several animal shelters in the Southern California area. Out of all the shelters toured, the
new Moreno Valley Animal Shelter stands out as an excellently designed and operated
shelter. Along with all the latest materials and equipment for the care and humane
boarding of animals, the Moreno Valley facility also incorporates a full service veterinary
clinic available to the residents 24 hours a day. The City of Moreno Valley has a
population of 140,000 and an area of 48 square miles. The new shelter can house over
200 animals and cost, reportedly, 2.8 million dollars to build.
604 191
73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 - (760j 346-1127 - FAX (760J 340-5949
Letter of Interest
July 21, 2000
Page 2 of 2 Pages
All of the newest innovative designs and building features would be incorporated into the
construction of the Coachella Valley Animal Campus. We believe the preliminary
estimates for the building of this facility is 3 to 3.5 million dollars.
The purpose of this letter is to request from your jurisdiction information that will assist in
the proposed design and construction of such an animal campus. Specifically, would your
jurisdiction use such a facility and if so, to what extent?
There are several avenues of construction financing available to jurisdictions that wish to
participate in the construction funding of this project. For example, even if the shelter were
built outside of your jurisdiction, if the Council found that it were a benefit to redevelopment
project areas, that is a source of money. The facility might be governed through a joint
powers authority similar to that of the City of Riverside and the County of Riverside.
At this time, we are requesting the following information:
(1) Does your jurisdiction have an interest in using a new, state-of-the-art valley -wide
animal campus?
(2) If details can be worked out to your satisfaction, would your jurisdiction participate in
the construction funding of this facility?
(3) How much does your jurisdiction currently spend on animal care?
We would very much appreciate the return of this information by August 11, 2000.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Corky Larson,
Executive Director
akerr\animal. campus\interest.rev
192
ATTACHMENT 2
August 1, 2000
Ms. Corky Larson
CVAG
73-710 Fred Waring Drive
Palm Desert CA 92260
Re: Letter of Interest for Coachella Valley Anim l�ampu
Dear Corky:
The City of La Quinta is constantly looking for tOM
`.:.ways to provide
enhanced services to our citizens. In that lighVWe are`` d in exploring the
possibility of utilizing a valley wide animal ,Q,s. Issue<<tiust be addressed
include the location of the facility, tranq.:p i sts, possaa* privatization of
the facility, as well as the appropriats of`i_facil es for the Valley based
0n growth.
o t population r h.
Obvi # ly, this is a V > ffipIicated issue with many questions left to answer,
h0W".0 r we look for ... 'U"to working with CVAG and its member jurisdictions in
fi h g a viable solut'ii n to the Valley's animal shelter problems.
John Pena, Mayor
193
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DEPARTMENT REPORT: 5-A
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000
CONSENT CALENDAR:
ITEM TITLE: Public Hearing on Confirming
Assessments in Proposed Assessment District 2000-
2 (Utility Undergrounding), Ordering the Proposed
Improvements to be Made, and Designating the City
Treasurer to Collect and Receive Money
STUDY SESSION:
PUBLIC HEARING:
Conduct a Public Hearing for the purpose of receiving and counting assessment ballots
for Assessment District 2000-2 (Utility Undergrounding); and
Close Public Hearing and continue this item to allow staff the opportunity to explore
funding options.
All costs associated with the construction, bond issuance, debt service, trust
agreement, and administrative expense will be borne by the property owners within
Assessment District 2000-2 boundaries. Assessment District 2000-2 (Utility
Undergrounding) is being formed to pay for all costs associated with placing overhead
utilities underground within the Phase VI A (modified) and Phase VI C boundaries as
detailed in the Engineer's Report and the plans and specifications. The Engineer's
estimate for the total assessment cost is approximately $1.836 million.
All of the costs for the street improvements including curb and gutter, new street
surfacing, and storm drains will be funded through the Redevelopment Agency (RDA)
Project Area No. 1 and 2. The Engineer's estimate for these improvements is
approximately $6.6 million.
All of the costs for the proposed sound wall along Washington Street fronting Saguaro,
Sagebrush, and Bottlebrush will be funded through the Development Impact Fee. The
Engineer's estimate for these improvements is approximately $130,000.
197
TAPMEPT\COUNCIL\2000\000801 a.wpd
All of the costs associated with the construction, bond issuance, debt service, trust
agreement, and administrative expense for the public sewers will be borne by the
property owners within Assessment District 2000-1 boundaries. Assessment District
2000-1 (Phase VI Improvements) has been formed to pay for all costs associated with
providing public sewers within the Phase VI boundaries for Phase VI A - Village
Commercial Area, Phase VI B - Village Residential, Phase VI C - Westward Ho, and
Phase VI D - Saguaro, Sagebrush, Bottlebrush. The Engineer's estimate with the total
assessment cost within Assessment District 2000-1 is approximately $2.8 million.
Improvements are proposed to the existing water system within the Village
Commercial Area, the Village Residential Area, and Westward Ho. These
improvements will be funded entirely by the Coachella Valley Water District (CVWD).
These improvements are being partially funded by RDA funds and therefore must be
bid specifying prevailing wage requirements. Therefore, there are no Charter City
impacts.
On July 7, 1998, the City Council approved the Fiscal Year 1998/1999 through
2002/2003 5-year Capital Improvement Program (CIP). As part of this program, the
Phase VI improvements were identified as follows:
Phase VI A - Village Commercial Area
Phase VI B - Cove Area
Phase VI C - Westward Ho
Phase VI D - Saguaro, Sagebrush, Bottlebrush
At the June 6, 2000 City Council Meeting, the City Council adopted Resolution No.
2000-53 declaring the City's intent to order the construction of certain improvements
and to form Assessment District 2000-2 (Utility Undergrounding), Resolution No.
2000-54 preliminarily adopting, confirming, and approving the Engineer's Report and
appointing a time and place for hearing protests in regard to improvements in the
proposed Assessment District 2000-2 (Utility Undergrounding) and approved the plans
and specifications and authorized staff to bid the improvements for the utility
undergrounding.
On June 9, 2000, the Engineer of Record mailed ballots to all of the property owners
affected by proposed Assessment District 2000-2. The Engineer's Report that was
previously completed and preliminarily approved by the City Council was based on
Engineer's estimates for the construction costs and soft costs for placing overhead
utilities underground in Phase VI A (modified) and Phase VI C.
TAMDEMCOUNCIL\2000\000801a.wpd 1) 0 is
August 1, 2000 at 7:00 p.m., has been fixed in the Chambers of the City Council, City
Hall, 78-495 Calle Tampico, La Quinta, CA 92253 as the time and place for a Public
Hearing to receive comments relative to the Resolution, the Engineer's Report, and the
proposed Assessment District 2000-2. At the Public Hearing, any interested person
may comment on the improvements, the extent of the Assessment District and the
proposed assessments. The public improvements and incidental costs and expense
of improvements, project design and implementation, legal proceedings and bond
financing, which are the subject of the proposed assessment district, are described in
the Engineer's Report for the proposed Assessment District 2000-2 on file with the
City Clerk.
The estimated costs and expense to be assessed to the specially benefitted parcels
also include related engineering expenses, fees for various professional services related
to formation and implementation of the assessment district and cost of issuance
respecting the proposed tax-exempt improvement bonds. Proposed Assessment
District 2000-2 is for the placement of overhead utilities underground in Phase VI A -
Village Commercial (modified) and Phase VI C - Westward Ho. Interested persons are
referred to the City Clerk's Office to examine the Engineer's Report for further
information.
The estimated total cost and expense of the proposed project related to the
assessment proceedings and bond financing is approximately $1,836,000. The
amount of the assessment proposed for parcels is identified in the Engineer's Report.
The term of the assessment is a maximum of fifteen (15) years. The reason that an
assessment is proposed for parcels is that the City Council has preliminarily determined
that such property is specially benefitted by the proposed public improvements.
The property owners have thirty (30) days to prepay the assessment to the City
Treasurer and forgo interest and administrative charges that will be assessed when the
bonds are issued. The cost discount for early payoff ranges from 10% to 15%. The
actual percentage will be established by the Bond Underwriter and will be based on
total amount of the bond issuance. The discount is a savings of Bond Issuance costs
including the Bond Underwriters discount, the Bond Reserve, and the Bond printing and
services cost.
Additional savings on early payoffs will be realized from interest payments over fifteen
(15) years. For example, an assessment of approximately $5,000 over fifteen (15)
years may result in an annual payment of approximately $500 per year for a period of
fifteen (15) years. This would total $7,500. Early payoffs would be less than $5,000
with the cost discounts. The numbers previously discussed are estimates used for
comparison and will differ from the actual assessments and payoff amounts that will
be calculated in the final Engineer's Report.
Included as Attachment 1 is a status of the votes cast as of July 17, 2000. The City
Clerk will update the City Council on the final vote after the close of the Public
Hearing. 199
TAMDEMCOUNCIL\2000\000801a.wpd 003
If the assessment is not prepaid, the City Council intends, pursuant to subparagraph
(f) of Section 1024 of the 1913 Act, to provide for an annual assessment upon each
parcel of land in the proposed assessment district.
In accordance with State Law the following ballot procedures have been and will be
followed:
The Property Owner Assessment Ballot Procedure
• As required by Section 4 of Article MID of the California Constitution, an
Assessment Ballot was sent to the record owner (s). This Assessment Ballot
may be used by the record owner(s) of any parcel or the duly authorized agent
of such record owner(s) to express either support for or opposition to the
proposed assessment. Submission of the Assessment Ballot either by mail or
by personal delivery, either before or at the time of public hearing protests is
acceptable.
• Immediately following the close of the Public Hearing to be conducted on
August 1, 2000, and prior to the City Council's action on the proposed District,
the returned Assessment Ballots will be tabulated, both in support of and
opposition to the proposed assessment, with Assessment Ballots being
weighted by the amount of the proposed assessment for the parcel for which
such ballot is cast.
• The results announced after the Public Hearing; provided, however, that in the
event the City Clerk requires further time to determine whether any Assessment
Ballot has been properly signed by the record owner of the parcel or duly
authorized agent of the record owner of the parcel, the City Council reserves the
discretion to continue the matter of announcing results to provide the City Clerk
with such further time.
In the event that Assessment Ballots opposing the proposed assessment, weighted
according to proportional financial obligation, exceed ballots in support, the City
Council will be precluded from proceeding with the proposed assessment.
If the Assessment Ballots in support of the proposed assessment, weighted according
to proportional financial obligation exceed ballots in opposition, the City Council at its
sole discretion may approve or disapprove the proposed assessment.
The proposed Assessment District 2000-2 is a singular areawide district comprised of
two zones identified as follows:
Phase VIA - Village Commercial Area (modified)
Phase VIC - Westward Ho Area
200
TAMDEMCOUNCIL\2000\000801a.wpd v V 4
If more than 50% of the ballots received within the areawide assessment district are
in favor of the assessment district, then the City may form the assessment district for
the improvements. Some zones may be overwhelmingly supportive of the proposed
assessment district and some may be overwhelmingly opposed, but if the overall
ballots received indicate over 50% support, then the assessment district may be
formed for all zones.
On July 24, 2000, advertised bids were opened for the undergrounding of overhead
utilities within proposed Assessment District 2000-2. Granite Construction Company
was the only bidder on the project. The total amount of work bid by Granite
Construction Company for the utility undergrounding in Phase VIA - Village Commercial
(modified) and Phase VIC - Westward Ho was $1,924,045. The Engineer's estimate
for the construction work that was utilized in estimating the Preliminary Engineer's
Report dated June 2, 2000 was $822,598. Therefore, the proposed assessments
have a shortfall in construction funding of over $.1,100,000. With the extension of
the soft costs including construction engineering, construction administration,
contingencies, permit fees, bonds, and general incidentals including all costs required
for the establishment of an assessment district and the sale of bonds, a shortfall exists
in excess of $1.3 million.
The design engineer, Korve Engineering, has assured staff that the cost estimate was
completed in coordination with the Imperial Irrigation District cost estimate and cost
estimates provided by electrical contractors during the design process of this project.
After analysis of the bid, it appears that the single bid that was received is excessive
when compared to what was reasonably being considered a valid bid. There is
insufficient funding available in the RDA Project Area No. 1 and 2 to compensate for
the shortfall.
City Council may wish to reconsider progressing with the project due to lack of
funding or authorize staff to rebid the project and continue their decision regarding the
establishment of proposed Assessment District 2000-2 until more reasonable bids are
received or other funding options become available.
This report has been reviewed by Mr. Bill Marticorena of Rutan & Tucker, Bond
Counsel for proposed Assessment District 2000-2, and Richard Kopecky, P.E. of
MuniFinancial, the Assessment Engineer of Record.
The alternatives available to the City Council include:
1. Conduct a Public Hearing for the purpose of receiving and counting assessment
ballots for Assessment District 2000-2 (Utility Undergrounding); and close
Public Hearing and continue this item to allow staff the opportunity to explore
funding options; or
201
T:\PW0EPT\C0UNCIL\2000\000801 a.wpd
005
2. Provide staff with alternative direction.
Respectfully
//submitted,
Chris A. Vogt
Public Works Director/City Engineer
Approved for submission by-
'I
P. Genovese
City Manager
Attachments: 1. Status of Votes
202
TAMDEMCOUNCIU2000\000801 a.wpd
006
ATTACHMENT
Proposed Assessment District 2000-2
Under round Utility District
Status of Ballot Votes - July 17 2000
Area
Yes
No
No Response
Phase VIA Modified - Village Commercial
$235,356.83
$181,996.20
$554,352.25
Phase VI C - Westward Ho
$171,915.97
$151,892.83
$540,485.84
Total Assessment District 2000 - 2
$407,272.80
$333,889.03
$1,094,838.09
Percentage of Received Ballots
54.95%
45.05%
40.37% of Ballots returned
243
M•
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COUNCIL/RDA MEETING DATE: August 1, 2000
Public Hearing to Certify a Mitigated Negative
Declaration of Environmental Impact (EA 2000-392)
and Approve Tentative Tract Map 29623, a Request
by World Development to Subdivide 10.09 Acres into
35 Single Family and Other Common Lots Located at
the Northeast Corner of Miles Avenue and Dune
Palms Road. Applicant: World Development
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING: v�--
Adopt a Resolution of the City Council certifying a Mitigated Negative Declaration of
Environmental Impact (EA 2000-392); and
Adopt a Resolution of the City Council approving Tentative Tract Map 29623, subject
to the Findings and Conditions of Approval.
I0rem
None.
The 10.09 acre site is located at the northeast corner of Dune Palms Road and Miles
Avenue immediately south of the existing Cactus Flower development and west of the
under construction Wildflower development.
A STCC Tr29623World - 42
The site consists of sand dunes and native vegetation and has topographic relief
changes along Dune Palms Road. No trees exist on the property. Overhead utility
lines exist along Miles Avenue and Dune Palms Road.
The Planning Commission considered this request at its meeting of July 11, 2000, and
recommended approval by adoption of Resolutions 2000-043 (EA) and 2000-044
(TTM), subject to findings and conditions. A copy of the minutes is attached
(Attachment 1).
Project Request
The applicant is requesting approval of a 35-lot single family subdivision with lots
ranging in size from 7,438 square feet to over 10,000 square feet on public cul-de-sac
streets (Attachment 2). Typical lot dimensions are approximately 61 feet wide by
121.9 feet deep. Lot sizes average 7,942 square feet, and pad grading is compatible
with adjacent developments.
Access to the project is proposed on Verbena Drive from Miles Avenue (restricted to
right-in/right-out traffic movements). This Tract is an expansion of the Wildflower
project to the east by the applicant.
Landscape parkways of 10' wide (average) and 20' wide (average) are proposed on
Dune Palms Road and Miles Avenue, respectively (Attachment 3). A conceptual
landscape plan has been prepared for these parkway areas showing trees, shrubs and
groundcover. Turf is used as an accent on Miles Avenue but is not used on Dune Palm
Road. Lot #1, located at the southeast corner of the development, measures 68.79
feet wide by 121.96 feet long and is the primary retention basin for the project with
smaller satellite basins at the end of each cul-de-sac street. All retention basins will
be covered in turf. Additionally, to mitigate roadway noise and provide privacy, a
minimum six-foot high wall with four foot offsets is proposed along the Tract's street
perimeter.
The prototype design of the houses for this project (Plans 1 through 4) were approved
by the Planning Commission in 1999 under Site Development Permit 99-656
(Resolution 99-067) for use in Wildflower to the east of this project. The single story,
Mediterranean style houses range in size from 1,704 square feet (2 bedroom/3 bath)
to 2,520 square feet (4 bedroom/3 bath). A copy of this document is on file with the
Community Development Department.
A STCC Tr29623World - 42
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The typical front yard landscaping will match Wildflower development, including grass
and a minimum of two shade trees and numerous shrubs for interior lots. Corner lots
require a minimum of five trees. A varied plant palette is proposed.
Historic Preservation Commission (HPC)
On June 15, 2000, the HPC adopted Minute Motion 2000-015, accepting the Phase
1 Cultural Resources Report for the project as prepared by Archaeological Associates,
stating that no archaeological or historical finds of any kind were made. The HPC
recommended that site monitoring be required during trenching activities. A copy of
the HPC Minutes is attached (Attachment 4).
Public Notice: This request was advertised in the Desert Sun newspaper on July 9,
2000, and mailed to all property owners within 500 feet of the Tract boundaries. To
date, no written correspondence has been received. If any comments are received,
they will be distributed at the meeting.
Public Agency Review: All written comments received are on file with the Community
Development Department. All applicable agency comments are part of the Conditions
of Approval.
i_� ► ►illil ilF:►
Findings necessary to approve this request can be made per Section 13.12.130 of the
Subdivision Ordinance as noted in the attached Resolutions.
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council certifying a Mitigated Negative
Declaration of Environmental Impact (EA 2000-392), and
Adopt a Resolution of the City Council approving Tentative Tract Map 29623,
subject to the Findings and Conditions of Approval; or
2. Do not adopt Resolutions of the City Council certifying a Mitigated Negative
Declaration of Environmental Impact (EA 2000-392) and approving Tentative
Tract Map 29623; or
3. Provide staff with alternative direction.
A STCC Tr29623World - 42
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003
Respectfully submitted,
ermarf, Community Development Director
Approved for Submission by:
Thomas P. Genovese, City Manager
Attachments:
1. Draft Planning Commission Minutes (Excerpt)
2. Tract Map Exhibit
3. Concept Landscape Plan
4. HPC Minutes
5. Large Exhibits and Maps (Council only)
A STCC Tr29623World - 42
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RESOLUTION 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR TENTATIVE TRACT MAP 29623 TO ALLOW THE
SUBDIVISION OF 10.09 ACRES INTO 35 SINGLE FAMILY
RESIDENTIAL LOTS, TWO PUBLIC STREET LOTS, AND
THREE LANDSCAPING LOTS, LOCATED AT THE
NORTHEAST CORNER OF MILES AVENUE AND DUNE
PALMS ROAD
ENVIRONMENTAL ASSESSMENT 2000-392
WHEREAS, the City Council of the City of La Quinta, California, did, on
the 1" day of August, 2000, hold a duly -noticed Public Hearing as requested by World
Development on the Environmental Analysis for Tentative Tract Map 29623, located
at the northeast corner of. Dune Palms Road and Miles Avenue; and
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 11th day of July, 2000, hold a duly -noticed Public Hearing on the
Environmental Analysis for Tentative Tract Map 29623, and adopted Planning
Commission Resolution No. 2000-043, recommending to the City Council certification
of a Mitigated Negative Declaration of Environmental Impact; and
WHEREAS, said Environmental Assessment complies with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" as amended, Resolution 83-63, in that the Community Development Director
has conducted an Initial Study and has determined that although the proposed
subdivision and residential units could have a significant adverse impact on the
environment, there would not be a significant effect in this case because appropriate
mitigation measures were made conditions of approval and a Mitigated Negative
Declaration of Environmental Impact should be filed; and
WHEREAS, the La Quinta City Council did find the following facts to
justify certification of said Environmental Assessment:
1. The Project will not be detrimental to the health, safety, or general welfare of
the community, either indirectly or directly, in that appropriate mitigation
measures have been imposed which will minimize project impacts.
2. The proposed Project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to
drop below self sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered 208
005
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Resolution 2000-
Environmental Assessment 2000-392 for TTM 29623
August 1, 2000
plant or animal or eliminate important examples of the major periods of
California history or prehistory.
3. Considering the record as a whole, there is no evidence before the City that the
proposed project will have potential for adverse effect on wildlife resources or
the habitat on which the wildlife depends.
4. The proposed Project does not have the potential to achieve short-term
environmental goals, to the disadvantage of long-term environmental goals as
no significant effects on environmental factors by the Environmental
Assessment.
5. The proposed Project will not have environmental effects directly or indirectly,
as no significant impacts have been identified which would affect human health,
risk potential or public services.
6. The City has on the basis of substantial evidence, rebutted the presumption of
adverse effect set forth in 14 CAL Code Regulations §753.5(d).
7. There is no substantial evidence in light of the whole record,. including EA 2000-
392 and the comments received thereon, that the project will have a significant
impact upon the environment.
8. EA 2000-392 and the Mitigated Negative Declaration reflects the City's
independent judgment and analysis.
9. The location and custodian of the record of proceedings relating to this project
is the Community Development Department of the City of La Quinta, located at
78-495 Calle Tampico, La Quinta, California 92253.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
1 . That the above recitations are true and correct and constitutes the findings of
the City Council in this case;
2. That it does hereby certify the environmental determination and mitigation
measures of Environmental Assessment 2000-392 for proposed Tentative Tract
Map 29623.
PAccResoEA2000-392Wor1d8-1-OO.wpd 00(; 209
Resolution 2000-
Environmental Assessment 2000-392 for TTM 29623
August 1, 2000
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1st day of August, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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EA 2000-392
Appendix G
Environmental Checklist Form
1. Project Title: TTM 29623 - Sunflower
2. Lead Agency Name and Address: City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
3. Contact Person and Phone Number: Leslie Mouriquand (760) 777-7125
4. Project Location: Northeast corner of Miles Avenue and Dune Palms Road
(APN: 604-453-001)
5. Project Sponsor's Name and Address: World Development
74-333 Hwy. 111, Ste. #103
Palm Desert, CA 92260
6. General Plan Designation: LDR (Low Density Residential)
7. Zoning: RL (Low Density Residential)
8. Description of Project: (Describe the whole action involved, including but not limited to later phases
of the project, and any secondary, support, or off -site features necessary for its implementation. Attach
additional sheets if necessary.)
Subdivide 10.09 gross acres into 35 single family residential lots, retention basin lots,
two public street lots, and landscaping lots, for the purpose of constructing
previously approved (SDP 99-656) housing units ranging in size from 2,078 (Plan 2)
to 2,511 (Plan 4) liveable square feet, with garages ranging from 640 to 718 square
feet, that are being built in the Wildflower development to the east of the project
site.
9. Surrounding Lane Uses and Setting: Briefly describe the project's surroundings.
North - single family residential
South -public school site in the City of Indio
East - single family residential
West - single family residential
10. Other agencies whose approval is required (e.g., permits, financing approval, or participation
agreement.)
Coachella Valley Water District, UD, SCG, DSUSD, GTE, Time Warner, SunLine
Transit, Waste Management of the Desert
PAcegaCKhstEA392 W orld.wpd -1-
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Environmental Factors Potentially Affected:
The environmental factors checked below would be potentially affected by this project, involving
at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics
Agriculture Resources
Air Quality
Biological Resources
Cultural Resources
Geology and Soils
Hazards and Hazardous
Materials
Hydrology and Water Quality
Land Use Planning
Mineral Resources
Noise
Population and Housing
Determination
(To be completed by the Lead Agency.)
On the basis of this initial evaluation:
Public Services
Recreation
Transportation/Traffic
Utilities and Service Systems
Mandatory Findings
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared. 11
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been made
by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will
be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required. 11
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" on the environment, but at least one effect 1) has been adequately
analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets.
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects a
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier
EIR, including revisions or mitigation measures that are imposed upon the proposed project,
nothing further is required. 11
S' nature /
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c9
Date
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Evaluation of Environmental Impacts:
1) A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the reference
information sources show that the impact simply does not apply to projects like the one
involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project -specific factors as well as general standards (e.g. the
project will not expose sensitive receptors to pollutants, based on a project -specific screening
analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -
site, cumulative as well as project -level, indirect as well as direct, and construction as well as
operational impacts.
3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect
is significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4) "Neiative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVIII, "Earlier Analysis," may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVIII at the end of the
checklist.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) The analysis of each issue should identify:
a) the significance criteria or threshold used to evaluate each question, and
b) the mitigation measure identified, if any, to reduce the impact to less than significance
PAcegaCK1istEA392 World.wpd -3 -
213
Sample question:
Issues (and Supporting Information Sources):
Would the proposal result in potential impacts involving:
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? (Master
Environmental Assessment 5-13; General Plan EIR 4-89)
b) Damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
(Master Environmental Assessment 5-13)
c) Substantially degrade the existing visual character or quality of the
site and its surroundings? (Application materials)
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area? (Application
materials)
H. AGRICULTURAL RESOURCES:. In determining whether
impacts to agricultural resources are significant environmental
effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model prepared by the California
Dept. Of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland) to on -agricultural use? (Master
Environmental Assessment 5-29, 5-32, 2-11; General Plan EIR 4-15)
b) Conflict with existing zoning for agricultural use, or a Williamson
Act contract? (Zoning Map; General Plan EIR 4-15)
c) Involve other changes in the existing environment which, due to
their location or nature, could individually or cumulatively result in
loss of Farmland, to non-agricultural use? (Site visit, aerial
photographs, MEA 2-11)
III. AIR QUALITY. Where available, the significance criteria
established by the applicable air quality management or air pollution
control district may be relied upon to make the following
determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable Air
Quality Attainment Plan or Congestion Management Plan? (MEA
5.8; General Plan Air Quality Element; Draft SCAQMD CEQA
Handbook Table 6-2; General Plan EIR 4-174)
PAcegaCKhstEA392 World.wpd
Potentially
Potentially Significant Less Than
Significant Unless Significant No
Impact Mitigated Impact Impact
V1/
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X
r
X
b) Violate any stationary source air quality standard or contribute to
an existing or projected air quality violation? (MEA 5.8.2; General
Plan Air Quality Element; Draft SCAQMD CEQA Handbook Table
6-2; General Plan EIR 4.10)
c) Result in a net increase of any criteria pollutant for which the
project region is non -attainment under an applicable federal or state
ambient air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)? (MEA 5.8;
General Plan Air Quality Element; Draft SCAQMD CEQA
Handbook)
d) Expose sensitive receptors to substantial pollutant concentrations?
(Master Environmental Assessment 5-44, 5.8; General Plan Air
Quality Element; Draft SCAQMD CEQA Handbook)
e) Create objectionable odors affecting a substantial number of
people? (Application Materials)
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse impact, either directly or through
habitat modifications, on any species identified as a candidate,
sensitive, or special status species in local or regional plans, policies,
or regulations, or by the California Department of Fish and Game or
U.S. Fish and Wildlife Service? (Master Environmental Assessment
5-5; Cornett, 3-23-00)
b) Have a substantial adverse impact on any riparian habitat or other
sensitive natural community identified in local or regional plans,
policies, regulations or by the California Department of Fish and
Game or US Fish and Wildlife Service? (Master Environmental
Assessment 5-5; Cornett, 3-23-00; US Fish & Wildlife letter, 2-10-
00)
c) Adversely impact federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) Either individually or in
combination with the known or probable impacts of other activities
through direct removal, filling, hydrological interruption, or other
means? (Master Environmental Assessment 5-5; Cornett, 3-23-00)
d) Interfere substantially with the movement of any resident or
migratory fish or wildlife species or with established resident or
migratory wildlife corridors, or impede the use of wildlife nursery
sites? (Master Environmental Assessment 5-5, Cornett, 3-23-00)
e) Conflict with any local policies or ordinances protecting biological
resources such as a tree preservation policy or ordinance? (La Quinta
Municipal Code; General Plan)
f) Conflict with the provisions of an adopted Habitat Conservation
Plan, Natural Conservation Community Plan, or other approved local,
regional, or state habitat conservation plan? (Master Environmental
Assessment 5-5)
►a
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KI
X
X
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V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a
historical resource which is either listed or eligible for listing on the
National Register of Historic Places, the California Register of
Historic Resources, or a local register of historic resources? (Master
Environmental Assessment 5-21; Archaeological Associates, 6-9-00;
City of La Quinta Historic Survey, 1996; General Plan EIR 4-81)
b) Cause a substantial adverse change in the significance of a unique
archaeological resources (i.e., an artifact, object, or site about which it
can be clearly demonstrated that, without merely adding to the current
body of knowledge, there is a high probability that it contains
information needed to answer important scientific research questions,
has a special and particular quality such as being the oldest or best
available example of its type, or is directly associated with a
scientifically recognized important prehistoric or historic event or
person)? (Archaeological Associates, 6-9-00)
c) Disturb or destroy a unique paleontological resource or site?
(Paleontology Lakebed Map)
d) Disturb any human remains, including those interred outside of
formal cemeteries? (Archaeological Associates, 6-9-00)
VL GEOLOGY AND SOILS: Would the project:
a) Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most
recent Alquist-Priolo Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other substantial evidence of a
known fault? (Master Environmental Assessment 6-7; Southland
Geotechnical, Inc., Feb., 2000; General Plan EIR 4-39)
ii) Strong seismic ground shaking? (Master Environmental
Assessment 6-7; Southland Geotechnical, Inc., Feb., 2000; General
Plan EIR 4-39)
iii) Seismic -related ground failure, including liquefaction'? (Master
Environmental Assessment 6-7; General Plan EIR 4-39)
iv) Landslides? (Master Environmental Assessment 6-7; General Plan
EIR 4-33)
b) Result in substantial soil erosion or the loss of topsoil? (Application
Materials; General Plan 4-35)
c) Be located on a geological unit or soil that is unstable, or that
would become unstable as a result of the project, and potentially result
in on- or off -site landslides, lateral spreading, subsidence, liquefaction
or collapse? (Master Environmental Assessment 6-7; General Plan
EIR 4-35)
V`/
X
X
lit
X
X
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X
2H
d) Be located on expansive soil, as defined in Table 18-1-B of the
Uniform Building Code (1994), creating substantial risks to life or
property? (Southland Geotechnical, Inc., Feb., 2000)
e)Have soils incapable of adequately supporting the use of septic tanks
or alternative waste water disposal system where sewers are not
available for the disposal of waste water? (Master Environmental
Assessment 5-32; Southland Geotechnical, Inc., Feb., 2000)
VII. HAZARDS AND HAZARDOUS MATERIALS: Would the
project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous materials?
(Application Materials)
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident conditions
involving the likely release of hazardous materials into the
environment? (Application Materials)
c) Reasonably be anticipated to emit hazardous materials, substances,
or waste within one -quarter mile of an existing or proposed school?
(Application Materials)
d) Is the project located on a site which is included on a list of
hazardous materials sites complied pursuant to Government Code
Section 65962.5 and, as a result, would it create a significant hazard
to the public or the environment? (Riverside County Hazardous Waste
Division)
e) For a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or
public use airport, would the project result in a safety hazard for
people residing or working in the project area? (General Plan land use
map)
f) For a project within the vicinity of a private airstrip; would the
project result in a safety hazard for people residing or working in the
project area? (General Plan land use map)
g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? (Master
Environmental Assessment 6-11)
h) Expose people or structures to the risk of loss, injury or death
involving wildlands fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
(General Plan land use map)
/.1
X
VUL HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate Regional Water Quality Control Board water quality X
standards or waste discharge requirements? (Master Environmental
Assessment 6-26, 6-27; McGee Surveying, Inc., 4-19-00)
X
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b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there would be a
net deficit in aquifer volume or a lowering of the local groundwater
table level (i.e., the production rate of pre-existing nearby wells would
drop to a level which would not support existing land uses or planned
uses for which permits have been granted? (CVWD, 2-1-00; General
Plan EIR 4-55)
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of stream or river, in a
manner which would result in substantial erosion or siltation on- or
off -site? (McGee Surveying, Inc., 4-19-00; General Plan EIR 4-53)
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
substantially increase the rate or amount of surface runoff in a
manner which would result in flooding on- or off -site? (McGee
Surveying, Inc., 4-19-00; General Plan EIR 4-53)
e) Create or contribute runoff water which would exceed the capacity
of existing or planned stormwater drainage systems to control ?
(McGee Surveying, Inc., 4-19-00)
f) Place housing within a 100-year floodplain, as mapped on a federal
Flood Hazard Boundary or Flood Insurance Rate Map or other flood
hazard delineation map? (Master Environmental Assessment 6-13;
General Plan EIR 4-53)
X
X
X
X
X
g) Place within a 100-year floodplain structures which would impede or
redirect flood flows? (Master Environmental Assessment 6-13; CVWD, X
2-1-00 General Plan EIR 4-53)
1X. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community? (Master
Environmental Assessment 2-11; Application materials; General Plan
EIR 4-7)
b) Conflict with any applicable land use plan, policy, or regulation of
an agency with jurisdiction over the project (including, but not
limited to the general plan, specific plan, local coastal program, or
zoning ordinance) adopted for the purposes of avoiding or mitigating
an environmental effect? (Master Environmental Assessment 2-I1, 5-
5; General Plan EIR 4-7)
c) Conflict with any applicable habitat conservation plan or natural
communities conservation plan? (Master Environmental Assessment
5-5; General Plan 4-69)
X. . MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource
classified MRZ-2 by the State Geologist that would be of value to the
region and the residents of the state? (Master Environmental
Assessment 5-29; General Plan EIR 4-35)
b) Result in the loss of availability of a locally -important mineral
resource recovery site delineated on a local general plan, specific plan
or other land use plan? (Master Environmental Assessment 5-29;
General Plan EIR 4-35)
l.t
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X
XL NOISE: Would the project result in:
a) Exposure of persons to, or generation of, noise levels in excess of
standards established in the local general plan or noise ordinance, or
applicable standards of other agencies? (Master Environmental
Assessment 6-17, 6-19; Mestre Greve Associates, June 5, 2000;
General Plan EIR 4-159, Table 4.9-2)
b) Exposure of persons to, or generation of, excessive groundborne
vibration or groundborne noise levels? (Mestre Greve Associates,
June 5, 2000)
c) A substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the project?
(Mestre Greve Associates, June 5, 2000)
d) For a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or
public use airport, would the project expose people residing or
working in the project area to excessive noise levels? (Master
Environmental Assessment)
e) For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area to
excessive levels? (General Plan map)
XII. POPULATION AND HOUSING: Would the project:
a) Induce substantial population growth in an area, either directly (for
example, by proposing new homes and businesses) or indirectly (for
example, through extension of roads or other infrastructure) ?
(Application Materials)
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere? (Application
Materials; site visit)
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? (Application
Materials; site visit)
XHI. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts
associated with the provision of new or physically altered
governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for any
of the public services:
Fire protection? (Fire Marshal letter, 1-28-00; General Plan EIR 4-
111)
Police protection? (Sheriff's Dept letter, 2-1-00; General Plan EIR 4-
111)
Schools? (DSUSD letter, 1-24-00; General Plan EIR 4-111)
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XIV.
M
XVI.
Parks? (General Plan; Recreation and Parks Master Plan; General
Plan EIR 4-111)
Other public facilities? (General Plan EIR 4-111)
RECREATION:
a) Would the project increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be accelerated?
(Application Materials; City of La Quinta Parks & Recreation Master
Plan)
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which might have
an adverse physical effect on the environment? (Application
Materials; City of La Quinta Parks & Recreation Master Plan)
TRANSPORTATION/TRAFFIC: Would the project:
a) Cause an increase in traffic which is substantial in relation to the
existing traffic load and capacity of the street system (i.e., result in a
substantial increase in either the number of vehicle trips, the volume
to capacity ratio on roads, or congestion at intersections)?
(Application Materials; Master Environmental Assessment 3-7;
General Plan EIR 4-145)
b) Exceed, either individually or cumulatively, a level of service
standard established by the county congestion management agency for
designated roads or highways? (Master Environmental Assessment 3-
7; General Plan 3-13, General Plan EIR 4-135)
c) Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results in
substantial safety risks? (City of Indio General Plan - Fig. 5.8-1)
d) Substantially increase hazards to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm
equipment) ? (Application Materials)
e) Result in inadequate emergency access? (TTM 29623 Application
Materials; Fire Marshal letter, 1-28-00)
f) Result in inadequate parking capacity? (TTM 29623 Application
Materials; Zoning Code -Parking)
g) Conflict with adopted policies supporting alternative transportation
(e.g., bus turnouts, bicycle racks) ? (General Plan EIR 4-141)
UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Exceed wastewater treatment requirements of the applicable
Regional Water Quality Control Board? (CVWD letter 2-1-00,
General Plan EIR 4-99)
P:\cegaCK1istEA392Wor1d.wpd
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b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction
of which could cause significant environmental effects? (CVWD
letter, 2-1-00; General Plan EIR 4-99)
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which
could cause significant environmental effects? (CVWD letter, 2-1-00)
d) Are sufficient water supplies available to serve the project from
existing entitlements and resources, or are new or expanded
entitlements needed? (CVWD letter, 2-1-00)
e) Has the wastewater treatment provider which serves or may serve
the project determined that it has adequate capacity to serve the
project's projected demand in addition to the provider's existing
commitments? (CVWD letter, 2-1-00)
f) Is the project served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal needs? (PCR, May
19, 2000; General Plan EIR 4-106)
g) Comply with federal, state, and local statues and regulations
related to solid waste? (PCR, May 19, 2000; General Plan EIR 4-106)
XVH. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop below self-
sustaining levels, threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the major periods of
California history or prehistory? ( )
b) Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals? (General Plan EIR
8-1)
c) Does the project have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively considerable" means that
the incremental effects of a project are considerable when viewed in
connection with the effects of past projects, the effects of other current
project, and the effects of probable future projects)? ( )
d) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly? ( )
XVHI. EARLIER ANALYSES.
X
X
X
X
X
X
917
X
M
X
2 2 -1
PAcegaCK1istEA392Wor1d.wpd
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Earlier analyses may be used where, pursuant to the tiering, program
EIR, or other CEQA process, one or more effects have been
adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a) Earlier analyses used. Identify earlier analyses and state where
they are available for review.
No earlier analyses specific to this project site have been used.
b) Impacts adequately addressed. Identify which effects from the
above checklist were within the scope of and adequately analyzed in
an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on
the earlier analysis.
Not applicable.
c) Mitigation measures. For effects that are "Less than Significant
with Mitigation Incorporated," describe the mitigation measures
which Were incorporated or refined from the earlier document and the
extent to which they address site -specific conditions for the project.
See attached Addendum.
SOURCES
Master Environmental Assessment, City of La Quinta General Plan 1992.
Draft SCAQMD CEQA Handbook, May 1992.
General Plan, City of La Quinta, 1992.
General Plan EIR, City of La Quinta, 1992
Paleontological Lakebed Delineation Map, City of La Quinta.
Riverside County Hazardous Materials Division.
Fire Marshal letter, dated 1-28-00
CVWD letter, dated 2-1-00
DSUSD letter, dated 1-24-00
Riverside County Sheriff's Dept letter, dated 2-1-00
City of La Quinta Municipal Code
PCR
Draft EIR - Villa La Quinta,
IV. I. 4 Solid Waste, May 19, 2000, Pgs. 233-241.
McGee Surveying, Inc., Kurt M. Saxon
Alternate Drainage Study for Tentative Tract 29623, 6-13-00.
P:\cegaCKlistEA392World.wpd
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()1 -12-
Cornett, James W., Ecological Consultants
Giant Sand Treader Cricket Survey and Habitat Analysis for TTM 29623.
March 23, 2000
U.S. Dept. Of Interior, Fish and Wildlife Service, letter dated 2-10-00.
Southland Geotechnical, Inc.
Preliminary Soils Investigation TTM 29623, NEC Miles Avenue and Dune Palms Road, La Quinta, California.
Feb. 2000
City of Indio
General Plan 2020, Vol. II
October 1993
Archaeological Associates, Robert S. and Laurie White
A Cultural Resources Assessment of TT 29623 a 10+ Acre Parcel Located Immediately Northeast of the Intersection of Miles
Avenue and Dune Palms Road.
June 9, 2000
Mestre Greve Associates, Fred Greve and Keith Utsler
Noise Analysis for Tentative Tract 29623, City of La Quinta.
June 5, 2000.
Addendum to Environmental Checklist, EA 2000-392
I. a) Miles Avenue is designated as a Primary Arterial and a Secondary Image Corridor in the City's
General Plan, and Dune Palms Road is designated as a Secondary Arterial. Verbena Drive is
designated as a local street. These designations ensure that particular setback standards and
landscaping are included in project development. The proposed subdivision exhibit shows that the
City's standards for both landscaping and setbacks will be met, thereby reducing the potential
impacts to a level of insignificance.
b), c), d)
The project site is currently vacant desert land. The construction of the proposed subdivision will
have less than significant impacts, as this project is surrounded by existing residential
neighborhoods. The Site Development Permit allows for the construction of one story single family
homes on individual lots that will result in a cumulative impact upon scenic views in the immediate
vicinity. Exterior security and landscape lighting is customary for residential of development and
is to be expected in this case. All such lighting is required to conform to the outdoor lighting
requirements of the Zoning Code, which will mitigate any significant impact from light and glare.
II. a), b), c)
The proposed project site is not used for agricultural purposes, and has never been designated
for agricultural land uses. The archaeological study prepared for this project did not observe any
evidence of previous agricultural activities.
III. a), b), c), d), e)
The proposed project consists of 35 single family residential lots for development. The Draft
SCAQMD CEQA Handbook (May 1992) indicates, in Table 6-2, that projects with fewer than 170
single family housing units do not result in potentially significant air quality impacts. Although 35
additional units will results in a cumulative impact, there is no mitigation required for this project.
P:\cegaCK1istEA392Wor1d.wpd 4),20 -1322,
IV. a), b), c), d), e), f)
The City received a letter from the U. S. Fish and Wildlife Service (Feb. 10, 2000) requesting a
biology study for this project. City staff reviewed the Master Environmental Assessment prepared
for the City's General Plan and determined that the study need only determine the absence or
presence of the Coachella Giant Sand Treader Cricket within the boundaries of the project. A
biological resource study was prepared by James W. Cornett, of Ecological Consultants (March
23, 2000). A habitat evaluation and intensive survey of the rare Coachella Giant Sand Treader
Cricket was conducted with no evidence of the crickets found. The site is considered very poor
habitat for the cricket because of human -caused disturbances, severe aridity, and sand
stabilization. The report concluded that development of the site is not expected to have significant
adverse impacts upon populations of the cricket.
The proposed project lies within the boundaries of the Coachella Valley Fringe -toed Lizard Habitat
Conservation Plan. As such, the project proponent shall be required to contribute $100 per acre
of disturbed land to the appropriate agency for the purchase of off -site habitat.
V. a), b), c), d)
A Phase I cultural resource investigation was conducted for the project site on February 4, 2000,
by Archaeological Associates. The results of the records search indicted that no archaeological
prehistoric or historic sites have been recorded within the boundaries of the project. The results
of the field survey were negative as no archaeological finds of any kind were made. The results
of previous archaeological monitoring programs conducted on properties immediately to the east
and west of the project site were negative. Thus, it is highly unlikely that buried historic or
prehistoric resources exist on the subject property. The study concludes that archaeological
monitoring of the brushing/grubbing element of the rough grading phase of the project is not
warranted. However, the Historic Preservation Commission recommends monitoring of all
trenching activities.
The project site is outside of the boundaries of concern for paleontological resources as indicated
by the Paleontology Lakebed Map housed in the Community Development Department at the City
of La Quinta. Thus, there are no anticipated adverse impacts on paleontological resources.
VI. a) i)
The proposed project site does not lie in an Alquist-Priolo Special Studies hazard area. No known
active earthquake faults occur within several miles of the proposed project. The potential impact
for fault rupture is not expected to be significant. The closest inferred fault trace is over a half -mile
to the southwest. This fault trace has not exhibited any evidence of Holocene movement (within
the last 11,000 years) and is not considered active.
VI. a) ii)
The proposed project occurs in a Zone IV groundshaking zone. The City has adopted the
provisions of the Uniform Building Code for this hazard. Construction of any structure on the project
site will conform to these standards, which will reduce the potential hazard to a less than significant
level.
VI. a) iii)
The proposed project site does not occur in a liquefaction hazard area. The depth to groundwater
in the project area is estimated to be greater than 100 feet according to the Preliminary Soils
Investigation prepared for the project, by Southland Geotechnical, Inc.(Feb. 2000). The soils on
P:\cegaCKlistEA392World.wpd 02.
1 2414
the site consist of loose to medium dense, dry to slightly moist sand and silty sand, which has a
potential to shift in a seismic event. The soils report recommends over -excavation and
recompaction in any area where structures are proposed. The findings of the report are preliminary
and not based on construction plans. The City's standards for site preparation and geologic
analysis will reduce this potential impact to a less than significant level.
VI. a) iv)
The proposed project is over a mile northeast from the local foothills of the Santa Rosa Mountains
and not likely to experience impacts from landslides or rockfall.
VI. b), c), d), e)
As indicated above the soils on the project site are loose to medium dense sand. As such, unstable
soil conditions can occur from improper grading or excavation. The City's standards for site
preparation shall be adhered to in all site preparation activities. In order to reduce the impacts of
unstable soils on the proposed site, the following mitigation measure shall be implemented:
VII. e)
1. Prior to issuance of a grading permit for any structure on the proposed site, the applicant
shall submit, for review and approval by the City Engineer, a detailed site specific soil study,
which shall include recommendations designed for the proposed single family development.
The project is located within a two mile radius of the Bermuda Dune Airport, a public use airport.
This airport is relatively small and experiences light air traffic on a daily basis. There is no
anticipated increase in safety hazards for people residing or working in the project area from air
traffic.
VI11. a), c), d), e)
A drainage study was prepared in conjunction with the proposed project, by McGee Surveying, Inc.
The project includes onsite retention basins designed to contain the modeled project 100 year
stormwater runoff. Storm water from the project site is delivered to the retention basins through
proposed catch basins in Lot C and in Verbena Drive. The project is designed to contain 100 year
runoff onsite, thus reducing any potential impacts to a less than significant level.
VIII. b), f), g)
The Coachella Valley Water District (CVWD) responded to this project with a letter dated February
1, 2000, in which the district states that it will furnish domestic water and sanitation service to the
project provided the developer installs the water and sewer pipelines. The district also notes that
the project is within Zone X on Federal Flood Insurance rate maps and within the Bermuda Dunes
Drainage Study area, and that flood water issues for this project is limited to local drainage.
XI. a), b), c), d)
A noise impact analysis was performed for the proposed project by Mestre Greve Associates. The
City of La Quinta has adopted an exterior noise standard of 60 dB CNEL for a five foot observer
located five feet within the property line or at the worst case location within the property line. Indoor
noise is limited to 45 CNEL. The study determined that exterior living areas will be exposed to
worst case traffic noise levels of 70.4 CNEL at "Lot 9". Therefore, in order to meet the 60 CNEL
exterior noise standard, a noise barrier will be required for exterior living areas adjacent to Miles
Avenue and Dune Palms Road. The barrier (6' to 7.5') shall not have any gaps or openings, and
may consist of a wall, berm, or a combination of the two. All homes within the project will comply
P:\cegaCKlistEA39Morld.wpd 225
�2?
with indoor noise standards without building upgrades.
XII. a), b), c)
The proposed project may indirectly induce growth, insofar as any City's amenities influence a
home buyer's decision to purchase. The project site is a vacant desert parcel. Thus, no existing
homes will be lost or people displaced from the proposed project.
XIII. a)
All development has an impact on governmental facilities and services, many of which are paid for
by application fees, inspection fees, etc. The project will be required to participate in the City's
Impact Fee program which helps to offset regional roadway improvements. The proposed project
is not expected to have a significant impact on municipal services or facilities.
XIV. a), b)
The proposed project may indirectly induce growth by adding 35 new single family housing units
within the City. Recreation amenities and opportunities may influence a home buyer's decision to
purchase. No recreation amenities are proposed for this project, however, the developer is required
to pay per the Quimby Act an in -lieu mitigation fee for park land. Payment of this fee will reduce
any cumulative adverse impacts on existing recreation amenities and assist in the provision of
future amenities.
XV. a), b)
The project site is located on the northeast corner of the intersection of Miles Avenue and Dune
Palms Road. Access to the project is proposed on Verbena Drive from Miles Avenue and is
restricted to right-in/right-out traffic movements. Verbena Drive is located approximately 663.42 feet
east of Dune Palms Road. The access design was approved by the City Council for Tract 25691
in 1999. The tract is an expansion of the Wildflower project currently under construction to the east
by the applicant. Two internal streets accessed from Verbena Drive are proposed that will
terminate in cul de sac bulbs. The project will generate additional vehicular traffic for the area as
a cumulative impact to local traffic congestion. No significant traffic impacts are anticipated from
the proposed subdivision. Mitigation for identified impacts has been incorporated into the design
of the subdivision by controlling traffic by restricting turning movements into the project from Miles
Avenue.
XV. c)
The proposed project is within a two-mile radius of the Bermuda Dunes Airport. No changes to
established air traffic patterns or levels are anticipated to result from the proposed project.
XV. d), e), f), g)
The proposed project consists of the continuation of an established residential circulation pattern
from which there are no anticipated hazards. Access into the subdivision from Miles Avenue will
be restricted to a right-in/right-out turning movement to control for potential hazards along Miles
Avenue. No additional mitigation for traffic hazards is needed. The Fire Marshal has determined
that there is adequate emergency access as the proposed project complies with the access
requirements of the Fire Code. The proposed width of the two internal streets will accommodate
on -street parking to supplement off-street parking for each residential unit. Therefore, no additional
parking is necessary. No conflicts with adopted policies for alternative transportation have been
identified within the proposed project. 2 26
P:\cegaCKlistEA392World.wpd 023 -16-
XVI. b), c), d), e)
Potential impacts to water, waste water treatment, and storm drainage have been reviewed by the
Coachella Valley Water District. The District will furnish domestic water and sanitation service,
provided that the applicant installs additional pipelines to service all parcels, and provides for
annexation to Improvement District Nos. 58 and 81 of the District for sanitation service.
XVI. f)
The proposed 35 new single family residential units will result in cumulative adverse impacts to the
environment from solid waste disposal issues. Solid waste collected within the City of La Quinta
is currently taken to the Edom Hill Landfill, the nearest landfill to the project. The landfill has a
remaining capacity of 1,900,097 tons as of May, 2000. The estimated closure date for the Edom
Hill Landfill is 2004. According to the Riverside County Waste Management Department, the
Coachella Valley will not have local waste disposal capacity with the closure of Edom Hill Landfill.
Future landfills are being considered by the Department. The proposed project will be subject to
the requirements of the California Integrated Waste Management Plan mandated by Assembly Bill
939. The proposed project has the potential to result in a cumulative, long-term, adverse impact
by on -going generation of solid waste from the 35 proposed new homes as related to landfill
capacity (PCR, May 2000, Pgs. 235-241). Mitigation for this project consists of resident
participation in solid waste collection and recycling services and programs offered by Waste
Management of the Desert and the City of La Quinta. During site preparation and construction,
contractors shall facilitate construction waste recycling through separation of materials into
separate bins and the arrangement of the transportation of recyclable materials to appropriate
facilities.
227
P:\cegaCKlistEA392World.wpd 024 -17-
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040
RESOLUTION 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING A
35 SINGLE FAMILY AND OTHER COMMON LOT
SUBDIVISION ON 10.09 GROSS ACRES LOCATED
AT THE NORTHEAST CORNER OF MILES AVENUE
AND DUNE PALMS ROAD
CASE NO.: TENTATIVE TRACT MAP 29623
APPLICANT: WORLD DEVELOPMENT
WHEREAS, the City Council of the City of La Quinta, California, did on the
11 th day of July, 2000, hold a duly noticed Public Hearing for World Development for
development of a single family residential and other common lot subdivision on 10.09 acres
located at the northeast corner of Miles Avenue and Dune Palms Road;
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 11th day of July, 2000, hold a duly noticed Public Hearing for World Development
for TTM 29623, and by a vote of 5-0 adopted Resolution 2000-044 recommending
approval of the single family residential subdivision, more particularly described as:
Assessor's Parcel No.: 604-072-004
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said City
Council did make the following mandatory findings for approval of said Tentative Tract Map
29623 pursuant to Section 13.12.130 of the Subdivision Ordinance:
Finding Numbers 1 and 2 - Consistency with General Plan/Zoning Code
A. The property is designated Low Density Residential (LDR). The Land Use Element
of the General Plan allows residential land uses. The project is consistent with the
goals, policies and intent of the La Quinta General Plan Land Use Element (Chapter
2) because single family low density residential lots are proposed.
B. The proposed single family lots exceed the Zoning Ordinance minimum size
requirement of 7,200 square feet. Detached single story houses will be built as
allowed under Site Development Permit 99-656.
Finding Number 3 - Compliance with the California Environmental Quality Act:
A. A Mitigated Negative Declaration of Environmental Impact has been prepared by
the Community Development Department as required by the California
Environmental Quality Act statutes. The assessment concludes that the project will
not significantly affect the environment, provided Mitigation Monitoring is completed 2 4
(EA 2000-392). In this case, project mitigation includes reduction of noise levels
through construction mitigation, and site supervision during excavation to prevent
historical subsurface features from being destroyed. All public services occur at or 041.
adjacent to the property, making it a logical extension of development in the City.
Resolution 2000-
Tentative Tract Map 29623, World Dev.
August 1, 2000
Finding Number 4 - Site Design:
A. The proposed design of the subdivision conforms with the development standards
found in the General Plan and Zoning Ordinance in that lot dimensions and size,
street widths, etc. are in compliance with the Zoning Code Development standards.
B. The site is physically suitable for the proposed land division, as the area is relatively
flat and without physical constraints, and the design of the tract ties into existing
improvements immediately north.
Finding Number 5 - Site Improvements:
A. Stormwater retention will be provided on -site in the form of a retention basin at the
southwestern corner of the tract and at the ends of the cul-de-sac.
B. All streets within the proposed tract will become public streets. All streets will
connect to existing City streets, and will be improved to City standards.
C. Infrastructure improvements such as gas, electric, sewer and water will be extended
to service the site in underground facilities as required. No adverse impacts have
been identified based on letters of response from affected public agencies.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
That the above recitations are true and constitute the findings of the City Council
in this case;
2. That it does hereby certify a Mitigated Negative Declaration (Environmental
Assessment 2000-392) for Tentative Tract Map 29623; and,
3. That it does approve Tentative Tract Map 29623 or the reasons set forth in this
Resolution and subject to the attached conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1 s` day of August, 2000, by the following vote, to wit:
AYES:
NOES:
245
A:\ResoCC Tr29623World.wpd - 42 4 `'
ABSENT:
ABSTAIN:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
,V
AAResoCC Tr29623World.wpd - 42 043
RESOLUTION 2000-_
CONDITIONS OF APPROVAL - RECOMMENDED
TENTATIVE TRACT MAP 29623
WORLD DEVELOPMENT
AUGUST 1, 2000
1 . Upon conditional approval by the City Council for this development application, the
City Clerk shall prepare and record, with the Riverside County Recorder, a
memorandum noting that Conditions of Approval for development of property exist and
are available for review at City Hall.
2. The subdivider 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 tentative map or any final map
thereunder. The City shall have sole discretion in selecting its defense counsel.
The City shall promptly notify the subdivider of any claim, action or proceeding and
shall cooperate fully in the defense.
3. This tentative map and any final maps thereunder shall comply with the requirements
and standards of § §66410 through 66499.58 of the California Government Code (the
Subdivision Map Act) and Chapter 13 of the La Quinta Municipal Code (LQMC).
4. This approval shall expire and become null and void on August 1, 2002, unless an
extension of time is granted according to the requirements of Section 13.12.150 of
the Subdivision Ordinance.
5. Prior to the issuance of a grading, construction or building permit, the applicant shall
obtain permits and/or clearances from the following public agencies:
• Fire Marshal
• Public Works Department (Grading Permit, Improvement Permit)
• Community Development Department
• Riverside Co. Environmental Health Department
• Desert Sands Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
The applicant is responsible for any requirements of the permits or clearances from
those jurisdictions. If the requirements include approval of improvement plans,
247
Cond CC Tr. 29623 World - 42Greg, Page 1 041
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
applicant shall furnish proof of said approvals prior to obtaining City approval of the
plans.
The applicant shall comply with applicable provisions of the City's NPDES stormwater
discharge permit. For projects requiring project -specific NPDES construction permits,
the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's
Notice of Intent prior to issuance of a grading or site construction permit. The
applicant shall ensure that the required Storm Water Pollution Protection Plan is
available for inspection at the project site.
6. Prior to approval of a final map, the applicant shall acquire or confer easements and
other property rights required of the tentative map or otherwise necessary for
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.
7. The applicant shall dedicate or grant public and private street right of way and utility
easements in conformance with the City's General Plan, Municipal Code, applicable
specific plans, and as required by the City Engineer.
8. Right of way dedications required of this development include:
A. PUBLIC STREETS
1) Miles Avenue - 55-foot (northerly) half of a 1 10-foot right of way.
2) Dune Palms Road - 44-foot half of an 88-foot right of way
3) Verbena Drive - 30-foot half of a 60-foot right of way.
4) Lots "B" and "C" - 50-foot full width right of way.
�•
Cond CC Tr. 29623 World - 42Greg, Page 2 64.9
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
B. CULS DE SAC
1) Public or Private: Use Riverside County Standard 800 (symmetric) or 800A
(offset); Public - 45-foot radius, Private - 38.5-foot radius.
9. Right of way geometry for knuckle turns and corner cut -backs shall conform with
Riverside County Standard Drawings #801 and #805 respectively unless otherwise
approved by the City Engineer.
10. Dedications shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved construction
plans.
1 1. If the City Engineer determines that access rights to proposed street rights of way
shown on the tentative map are necessary prior to approval of final maps dedicating
the rights of way, the applicant shall grant the necessary rights of way within 60 days
of written request by the City.
12. The applicant shall dedicate ten -foot public utility easements contiguous with and
along both sides of all streets. The easements may be reduced to five feet with the
express concurrence of IID.
13. The applicant shall create perimeter setbacks along public rights of way as follows
(listed setback depth is the average depth if meandering wall design is approved):
A. Miles Avenue - 20 feet
B. Adams Street - 10 feet
The setback requirement applies to all frontage 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 dedicate blanket easements for those purposes.
14. The applicant shall dedicate easements necessary for placement of and access to
utility lines and structures, drainage basins, mailbox clusters, park lands, and common
areas.
NM
Cond CC Tr. 29623 World - 42Greg, Page 3 046
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
15. The applicant shall vacate abutter's rights of access to Miles Avenue and to Dune
Palms Road from all frontage abutting the streets except access points shown on the
approved tentative map.
16. The applicant shall furnish proof of easements or written permission, as appropriate,
from owners of any abutting properties on which grading, retaining wall construction,
permanent slopes, or other encroachments are to occur.
17. If the applicant proposes vacation or abandonment of any existing rights of way or
access easements which will diminish access rights to any properties owned by others,
the applicant shall provide approved alternate rights of way or access easements to
those properties or notarized letters of consent from the property owners.
18. The applicant shall cause no easements to be granted or recorded over any portion of
this property between the date of approval of this tentative map by the City Council
and the date of recording of any final map(s) covering the same portion of the property
unless such easements are approved by the City Engineer.
19. Retention basin lots shall be lettered lots on the final map(s).
20. Prior to approval of a final map, the applicant shall furnish accurate AutoCad files of
the complete map, as approved by the City's map checker, on storage media
acceptable to the City Engineer. The files shall utilize standard AutoCad menu items
so they may be fully retrieved into a basic AutoCad program.
If the map was not produced in AutoCad or a file format which can be converted to
AutoCad, the City Engineer may accept raster -image files of the map.
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.
21. Improvement plans shall be prepared by or under the direct supervision of qualified
engineers and landscape architects, as appropriate. Plans shall be submitted on 24"
250
Cond CC Tr. 29623 World - 42Greg, Page 4 I` t 1
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
x 36" media in the categories of "Rough Grading," "Precise Grading," "Streets &
Drainage," and "Landscaping." Precise grading plans shall have signature blocks for
Community Development Director and the Building Official. All other plans shall have
signature blocks for the City Engineer. Plans are not approved for construction until
they are signed.
"Streets and Drainage" plans shall normally include signals, sidewalks, bike paths,
entry drives, gates, and parking lots. "Landscaping" plans shall normally include
irrigation improvements, landscape lighting and entry monuments. "Precise Grading"
plans shall normally include perimeter walls.
Plans for improvements not listed above shall be in formats approved by the City
Engineer.
22. The City may maintain standard plans, details and/or construction notes for elements
of construction. For a fee established by City resolution, the applicant may acquire
standard plan and/or detail sheets from the City.
23. When final plans are approved by the City, the applicant shall furnish accurate
AutoCad files of the complete, approved plans on storage media acceptable to the City
Engineer. The files shall utilize standard AutoCad menu items so they may be fully
retrieved into a basic AutoCad program. At the completion of construction and prior
to final acceptance of improvements, the applicant shall update the files to reflect as -
constructed conditions.
If the plans were not produced in AutoCad or a file format which can be converted to
AutoCad, the City Engineer may accept raster -image files of the plans.
24. Depending on the timing of development of the lots or parcels created by this map and
the status of off -site improvements at that time, the subdivider may be required to
construct improvements, to reimburse others who construct improvements that are
obligations of this map, to secure the cost of the improvements for future construction
by others, or a combination of these methods.
251
Cond CC Tr. 29623 World - 42Greg, Page 5 043
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
In the event that any of the improvements required herein are constructed by the City,
the Applicant shall, at the time of approval of the a map, reimburse the City for the
cost of those improvements.
25. The applicant shall construct improvements and/or satisfy obligations, or furnish an
executed, secured agreement to construct improvements and/or satisfy obligations
required by the City prior to approval of a final map or parcel map or issuance of a
certificate of compliance for a waived parcel map. For secured agreements, security
provided, and the release thereof, shall conform with Chapter 13, LQMC.
Improvements to be made or agreed to shall include removal of any existing structures
or obstructions which are not part of the proposed improvements.
26. If improvements are secured, the applicant shall provide estimates of improvement
costs for checking and approval by the City Engineer. Estimates shall comply with the
schedule of unit costs adopted by City resolution or ordinance. For items not listed in
the City's schedule, estimates shall meet the approval of the City Engineer.
Estimates for improvements under the jurisdiction of other agencies shall be approved
by those agencies. Security is not required for telephone, gas, or T.V. cable
improvements. However, development -wide improvements shall not be agendized for
final acceptance until the City receives confirmation from the telephone authority that
the applicant has met all requirements for telephone service to lots within the
development.
27. If improvements are phased with multiple final maps or other administrative approvals
(e.g., Site Development Permits), off -site improvements and common improvements
(e.g., retention basins, perimeter walls & landscaping, gates) shall be constructed or
secured prior to approval of the first phase unless otherwise approved by the City
Engineer. Improvements and obligations required of each phase shall be completed
and satisfied prior to completion of homes or occupancy of permanent buildings within
the phase and subsequent phases unless a construction phasing plan is approved by
the City Engineer.
28. If the applicant fails to construct improvements or satisfy obligations in a timely
manner or as specified in an approved phasing plan or in an improvement agreement,
the City shall have the right to halt issuance of building permits or final building
252
Cond CC Tr. 29623 World - 42Greg, Page 6 049
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
inspections, withhold other approvals related to the development of the project or call
upon the surety to complete the improvements.
29. This development shall comply with Chapter 8.11 of the LQMC (Flood Hazard
Regulations). If any portion of any proposed building lot in the development is or may
be located within a flood hazard area as identified on the City's Flood Insurance Rate
Maps, the development shall be graded to ensure that all floors and exterior fill (at the
foundation) are above the level of the project (100-year) flood and building pads are
compacted to 95% Proctor Density as required in Title 44 of the Code of Federal
Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which
are so located, the applicant shall furnish certifications as required by FEMA that the
above conditions have been met.
30. Prior to issuance of a grading permit, the applicant shall furnish a pre iminary
geotechnical ("soils") report ' and an approved grading plan prepared by a qualified
engineer. The grading plan shall conform with the recommendations of the soils report
and be certified as adequate by a soils engineer or engineering geologist.
A statement shall appear on final maps (if any are required of this developm nt) that
a soils report has been prepared pursuant to Section 17953 of the Health an Safety
Code.
31. Slopes shall not exceed 5:1 within public rights of way and 3:1 in lands
outside the right of way unless otherwise approved by the City Engineer.
32. The applicant shall endeavor to minimize differences in elevation at abutting pi
and between separate tracts and lots within this development. Building pad el
on contiguous lots shall not differ by more than three feet except for lots withi
or parcel map, but not sharing common street frontage, where the differential
exceed five feet.
The limits given in this condition are not an entitlement and more restrictive li
be imposed in the map approval or plan checking process. If compliance
limits is impractical, however, the City will consider alternatives which minimi
concerns, maintenance difficulties and neighboring -owner dissatisfaction
grade differential.
Cond CC Tr. 29623 World - 42Greg, Page 7
areas
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253
050
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
33. Prior to occupation of the project site for construction purposes, the applicant shall
submit and receive approval of a Fugitive Dust Control Plan prepared in accordance
with Chapter 6.16, LQMC. The applicant shall furnish security, in a form acceptable
to the city, in an amount sufficient to guarantee compliance with the provisions of the
permit.
34. The applicant shall maintain graded, undeveloped land to prevent wind and water
erosion of soils. The land shall be planted with interim landscaping or provided with
other erosion control measures approved by the Community Development and Public
Works Departments.
35. Prior to issuance of building permits, the applicant shall provide building pad
certifications stamped and signed by qualified engineers or surveyors. For each pad,
the certification shall list the approved elevation, the actual elevation, the difference
between the two, if any, and pad compaction. The data shall be organized by lot
number and listed cumulatively if submitted at different times.
The applicant shall comply with the provisions of Engineering Bulletin No. 97.03 and the
following:
36. Stormwater falling on site during the peak 24-hour period of a 100-year storm (the
design storm) shall be retained within the development unless otherwise approved by
the City Engineer. The tributary drainage area shall extend to the centerline of
adjacent public streets.
37. Stormwater shall normally be retained in common retention basins. Individual -lot
basins or other retention schemes may be approved by the City Engineer for lots 2'/2
acres in size or larger or where the use of common retention is impracticable. If
individual -lot retention is approved, the applicant shall meet the individual -lot retention
provisions of Chapter 13.24, LQMC.
38. Storm flow in excess of retention capacity shall be routed through a designated,
unimpeded overflow outlet to the historic drainage relief route.
39. Storm drainage historically received from adjoining property shall be retained on site
or passed through to the overflow outlet. 254
, '4
Cond CC Tr. 29623 World - 42Greg, Page 8 051.
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
40. Retention facility design shall be based on site -specific percolation data which shall be
submitted for checking with the retention facility plans. The design percolation rate
shall not exceed two inches per hour.
41. Retention basin slopes shall not exceed 3:1. Maximum retention depth shall be six
feet for common basins and two feet for individual -lot retention.
42. Nuisance water shall be retained on site. In residential developments, nuisance water
shall be disposed of in a trickling sand filter and leachfield approved by the City
Engineer. The sand filter and leachfield shall be designed to contain surges of 3
gph/1,000 sq. ft. (of landscape area) and infiltrate 5 gpd/1,000 sq. ft.
43. In developments for which security will be provided by public safety entities (e.g., the
La Quinta Safety Department or the Riverside County Sheriff's Department), retention
basins shall be visible from adjacent street(s). No permanent screen walls shall be
constructed around Retention Basin #1, unless it comprises open fencing and approval
has been obtained from the Community Development Director and the City Engineer.
44. The tract shall be designed to accommodate purging and blowoff water from any well
sites granted or dedicated to the local water utility authority as a requirement for
development of this property.
UTILITIES
45. The applicant shall obtain the approval of the City Engineer for the location of all utility
lines within the right of way and all above -ground utility structures including, but not
limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands,
to ensure optimum placement for practical and aesthetic purposes.
46. Existing aerial lines within or adjacent to the proposed development and all proposed
utilities shall be installed underground. Power lines exceeding 34.5 kv are exempt
from this requirement.
47. 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 trench compaction for approval of the City Engineer.
255
052
Cond CC Tr. 29623 World - 42Greg, Page 9
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
48. The applicant shall install the following street improvements to conform with the
General Plan street type noted in parentheses. (Public street improvements shall
conform with the City's General Plan in effect at the time of construction.)
A. OFF -SITE STREETS
1) Miles Avenue (Primary Arterial) -
A. Construct 43-foot half of 86-foot improvement (travel width, excluding
curbs).
B. Construct northerly half of 9-foot wide landscaped median, including
PCC curb on north side of median and AC curb/berm on southerly side
from Dune Palms Road to east tract boundary of Tract 25691.
Improvement cost to be reimbursed by City from Development Impact
Fee, or alternatively improvement will be constructed by City at its
discretion at a later date.
C. Construct 6-foot sidewalk. The sidewalk shall meander within the 32-
foot Right -of -Way and setback.
D. Construct modifications to the traffic signal as necessary to
accommodate the widened street section.
2) Dune Palms Road (Secondary Arterial) -
A. Construct 32-foot half of 64-foot improvement (travel width, excluding
curbs) plus 8-foot wide meandering sidewalk.
B. ON -SITE PUBLIC STREETS
1) Verbena Drive: Construct 20-foot half of 40-foot improvement (travel width,
excluding curbs) plus 6-foot sidewalk.
2) Lots. "B" and "C": Construct full width improvements (36-foot travel width,
excluding curbs) within 50-foot right of way plus 6-foot sidewalk.
256
Cond CC Tr. 29623 World - 42Greg, Page 10 053
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
3) Culs de sac per Riverside County Standard 800 (symmetric) or 800A
(offset), with 38-foot curb radius.
C. CULS DE SAC
1) Use Riverside County Standard 800 (symmetric) or 800A (offset), with 38-
foot curb radius.
Entry drives, main interior circulation routes, turn knuckles, corner cutbacks, bus
turnouts, dedicated turn lanes, and other features contained in the approved
construction plans may warrant additional street widths as determined by the City
Engineer.
49. Improvements shall include appurtenances such as traffic control signs, markings and
other devices, raised medians if required, street name signs, and sidewalks. Mid -block
street lighting is not required.
50. The applicant may be required to extend improvements beyond development
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).
51. Improvements shall be designed and constructed in accordance with the LQMC,
adopted standards, supplemental drawings and specifications, and as approved by the
City Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
52. Knuckle turns and corner cut -backs shall conform with Riverside County Standard
Drawings #801 and #805 respectively unless otherwise approved by the City
Engineer.
53. Streets shall have vertical curbs or other approved curb configurations which convey
water without ponding and provide lateral containment of dust and residue for street
sweeping. If a wedge curb design is approved, the lip at the flowline shall be vertical
(1 /8" batter) and a minimum of 0.1 ' in height. Unused curb cuts on any lot shall be
restored to normal curbing prior to final inspection of permanent building(s) on the lot.
257
Cond CC Tr. 29623 World - 42Greg, Page 11 054
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
54. The applicant shall design street pavement sections using Caltrans' design procedure
(20-year life) and site -specific data for soil strength and anticipated traffic loading
(including construction traffic). Minimum structural sections shall be as follows (or
approved equivalents for alternate materials):
Residential & Parking Areas 3.0" a.c./4.50" c.a.b.
Collector 4.0"/5.00"
Secondary Arterial 4.0"/6.00"
Primary Arterial 4.5"/6.00"
Major Arterial 5.5"/6.50"
55. 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.
56. The City will conduct final inspections of homes and other 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 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 tract or when directed by
the City, whichever comes first.
57. General access points and turning movements of traffic are limited to the following:
A. Access rights shall be prohibited from all lots abutting Dune Palms Road and from
all lots abutting.Miles Avenue.
B. Miles Avenue - Main project entrance located approximately 663' east of the
Dune Palms Road centerline - Right in and out of the project only.
258
Cond CC Tr. 29623 World - 42Greg, Page 12 059,
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
'' \
58. The applicant shall provide landscaping in required setbacks, retention basins, common
lots, median islands, and park areas. Earthen mounding measuring 24 inches to 36
inches shall be installed in Arterial Street frontages as required by Section
9.60.240(3F) of the Zoning Code.
59. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention
basins, and parks shall be signed and stamped by a licensed landscape architect and
comply with Chapter 8.13 of the Municipal Code.
The applicant shall submit plans for approval by the Community Development
Department prior to plan checking by the Public Works Department. When plan
checking is complete, the applicant shall obtain the signatures of CVWD and the
Riverside County Agricultural Commissioner prior to submitting for signature by the
City Engineer. Plans are not approved for construction until signed by the City
Engineer.
60. Landscape areas shall have permanent irrigation improvements meeting the
requirements of the City Engineer. Use of lawn shall be minimized with no lawn or
spray irrigation within 18 inches of curbs along public streets.
61. Perimeter walls and required parkway landscaping on Miles Avenue and Dune Palms
Road shall be constructed prior to final inspection of any homes within the tract unless
a phasing plan, or construction schedule, is approved by the City Engineer.
62. Front yard landscaping for future houses shall consist of a minimum of two shade
trees (1.0-inch and larger caliper size) and 10 five gallon shrubs. Three additional
shade trees (0.75-inch caliper) shall be required for corner lots houses. All trees shall
be double staked to prevent wind damage.
63. Specimen trees on Arterial Street parkways shall be a minimum caliper size of 1.75
inches and larger measured three feet up from the ground when planted.
64. Dune Palms Road landscaping shall be upgraded to include Palm tree clusters (Mexican
Fan Palms) and rock boulders (3' to 4' diameter) to match the proposed Sonrisa
development landscaping for Tract 25953.
259
Cond CC Tr. 29623 World - 42Greg, Page 13 056
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
65. Palm trees placed within Arterial Street parkways shall vary in height from 8 feet to
14 feet and include skinned trunks.
66. The applicant shall employ construction quality -assurance measures which meet the
approval of the City Engineer.
67. The applicant shall employ or retain qualified civil engineers, geotechnical engineers,
surveyors, or other appropriate professionals to provide sufficient construction
supervision to be able to furnish and sign accurate record drawings.
68. The applicant shall arrange and bear the cost of measurement, sampling and testing
procedures not included in the City's inspection program but required by the City as
evidence that construction materials and methods comply with plans, specifications
and applicable regulations.
69. Upon completion of construction, the applicant shall furnish the City reproducible
record drawings of all public improvement plans which were signed by the City. Each
sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and
shall be stamped and signed by the engineer or surveyor certifying to the accuracy of
the drawings. The applicant shall revise the CAD or raster -image files previously
submitted to the City to reflect as -constructed conditions.
70. The applicant shall make provisions for continuous, perpetual maintenance of all on -
site improvements, perimeter landscaping, access drives, and sidewalks. The applicant
shall maintain required public improvements until expressly released from this
responsibility by the appropriate public agency.
71. Final maps under this tentative map shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the time
of final map approval.
260
Cond CC Tr. 29623 World - 42Greg, Page 14 U t
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
72. The applicant shall pay the City's established fees for plan checking and construction
inspection. Fee amounts shall be those in effect when the applicant makes application
for plan checking and permits.
73. Plan check fees required by the Riverside County Fire Department shall be paid when
plans are submitted for review and approval.
74. Prior to final map approval, parkland mitigation fees shall be paid as required by the
City's Subdivision Ordinance.
75. Prior to issuance of a site disturbance permit, Fringe -toed lizard mitigation fees shall
be paid (i.e., $100/acre).
76. Fire hydrants in accordance with Coachella Valley Water District Standard W-33 shall
be located at each street intersection spaced not more than 330 feet apart in any
direction with no portion of any lot frontage more than 165 feet from a fire hydrant.
Minimum fire flow shall be 1,000 g.p.m. for a 2-hour duration at 20 psi. Blue dot
reflectors shall be mounted in the middle of streets directly in line with fire hydrants.
77. Prior to recordation of the final map, applicant/developer shall furnish one blueline copy
of the water system plans to the Fire Department for review/approval. Plans shall
conform to the fire hydrant types, location and spacing, and the system will meet the
fire flow requirements. Plans will be signed and approved by the registered Civil
Engineer and the local water company with the following certification: "/ certify that
the design of the water system is in accordance with the requirements prescribed by
the Riverside County Fire Department."
78. A temporary water supply for fire protection may be allowed for the construction of
the model units only. Plans for a temporary water system must be submitted to the
Fire Department for review prior to issuance of building permits.
79. The required water system including fire hydrants will be installed and accepted by the
appropriate water agency prior to any combustible building materials being placed on
an individual lot.
261
u58
Cond CC Tr. 29623 World - 42Greg, Page 15
Resolution 2000-
Conditions of Approval - Recommended
Tentative Tract Map 29623
World Dev.
August 1, 2000
80. All public agency letters received for this case are made part of the case file
documents for plan checking purposes.
81. Perimeter Tract improvements consisting of landscape and screen wall improvements
shall be consistent in style, design and material to Tract 25691 (Wildflower).
82. Street names for the tract shall be Verbena Drive, Morning Glory Court (Street "C"),
and Dandelion Drive (Street "B").
20
Cond CC Tr. 29623 World - 42Greg, Page 16 059
ATTACHMENT ' 1
Planning Commission Minutes
July 11, 2000
V. PUBLIC HEARINGS:
A. Environmental Assessment 2000-392. Tentative Tract Map 29623, a
request of World Development for certification of a Mitigated Negative
Declaration of Environmental Impact and approval of the subdivision of
10.09 acres into 35 single family and other common lots.
1. Chairman Kirk 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
Community Development Department.
2. Chairman Kirk .asked if there were any questions of staff.
Commissioner Tyler questioned the modification to Condition #61
and where it is referenced in Condition 81 as both should be
modified. On Condition #64, why are we conditioning the
landscaping to be consistent with the tract across the street and
he is not sure why staff is now requesting this. Also, it seems to
be in conflict with Condition #81. Community Development
Director Jerry Herman stated the purpose was to have the
landscaping consistent with the units across Miles Avenue as well
as Dune Palms Road. Commissioner Tyler stated this was the first
time it had been required and he was questioning why it was now
being imposed on this developer. Discussion followed regarding
the condition. Commissioner Butler abstained from the discussion
regarding the landscaping across Dune Palms Road, due to a
possible conflict of interest.
3. Chairman Kirk asked if the Architecture Landscaping and Review
Committee had reviewed the project. Staff stated no, because the
units were approved previously for Wildflower.
4. Commissioner Butler asked about the use of lawn as he thought
the idea was to reduce the amount of turf. Staff stated it was a
small percentage of lawn between the sidewalk and perimeter
wall. Staff could delete this if the Commission requested.
5. There being no further questions of staff, Chairman Kirk asked if
the applicant would like to address the Commission. Mr. Ken
Stitsworth, representing World Development, gave an overview of
the project and stated he had no objections to the conditions as 263
submitted.
061.
C:\My Documents\WPDOCS\pc7-11-OO.wpd ,
Planning Commission Minutes
July 11, 2000
6. There being no further questions of the applicant, and no further
public comment, Chairman Kirk closed the public participation
portion of the hearing and opened the project for Commission
discussion.
7. Commissioner Robbins stated the last time this developer was
before the Commission he objected to the plans submitted as they
had names scratched out from previous developments. If he sees
another project brought before him by this developer in the same
manner it will receive a no vote from him.
8. There being no further discussion, it was moved and seconded by
Commissioners Abels/Tyler to adopt Planning Commission
Resolution 2000-043 recommending to the City Council
certification of Environmental Assessment 2000-392, subject to
the findings and Mitigation Monitoring Program.
ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and
Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN:
None.
9. It was moved and seconded by Commissions Abels/Robbins to
adopt Planning Commission Resolution 2000-044 recommending
to the City Council approval of Tentative Tract Map 29623, as
amended.
a. Condition #83: Add street names.
ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and
Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN:
None.
VI. BUSINESS ITEMS: None.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
Vill. COMMISSIONER .ITEMS:
A. Discussion regarding the summer meeting schedule of the Planning
Commission.
264
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Historic Preservation Commission Minutes
June 15, 2000
3. Commissioner Irwin commented she was 100% in favor of continuing the
monitoring during treOr-ng but other than that the report was acceptable.
4. There bein Ruth ion, �:a s moved and seconded by
Commissi rs Mitche to adopt te Motion 2000-014 accepting
the Phas Cultural Assessment of 5.65 Acre Site.
Unanimously approved.
Phase I Cultural Assessment for Tract 29623: located at the northeast comer of Dune
Palms Road and Miles Avenue. Applicant: World Development - Archaeological
Consultant: Archaeological Associates (Robert & Laurie White).
1. Principal Planner Stan Sawa presented the staff report, a copy of which is on
file in the Community Development Department.
2. Commissioner Mitchell asked if they recommended ' monitoring of the
grading. Planning Manager di Iorio answered, the information was in the
third paragraph under the Management Summary. She commented on the
projects that had been worked on near the site and nothing had been
recovered, including the project to the east, which had been trenched and was
also negative. As a result, the Archaeologists concluded monitoring deep
trenching was not warranted.
3. Commissioner Irwin was concerned because one of the reasons cited for not
monitoring was the cost involved which she felt should not be a reason for
discontinuing the monitoring. She contended it was very important to
continue the monitoring during trenching, since artifacts had been found on
the property at Dune Palms Road and Highway I I I with deep trenching.
4. Planning Manager di Iorio stated a condition could be added requiring the
trenching to be monitored.
5. Commissioner Puente agreed with Commissioner Irwin and asked if it could
be a policy that deep trenching be required on all sites so no archaeological
remains would be lost.
6. Chairman Wright agreed that a condition to require monitored trenching be
added and stated it may not be prudent to make any exceptions after the
Commission has worked so hard to have monitoring of trenching done
previously.
7. There being no further discussion, it was moved and seconded by 267
Commissioners Irwin/Puente to adopt Minute Motion 2000-015 accepting the
Phase I Cultural Assessment for Tract 29623 with addition of a condition to
monitor during trenching. Unanimously approved.
065
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AGENDA CATEGORY:
BUSINESS SESSION:
COUNCIL/RDA MEETING DATE: August 1, 2000 CONSENT CALENDAR:
STUDY SESSION:
Continued Joint Public Hearing Between the La PUBLIC HEARING:
Quinta Redevelopment Agency, the City Council and
RecreAction Group of Companies (RGC) to Consider
an Affordable Housing Agreement Between the
Agency and RecreAction Group of Companies
RECOMMENDATION:
Adopt a Resolution of the City Council approving the Affordable Housing Agreement
with RGC.
FISCAL IMPLICATIONS:
Implementing this Agreement will result in the expenditure of $509,998 of Agency
Housing Fund monies. Of this amount $474,998 will be derived from the funds
previously appropriated for the Miraflores development through the agreement with
Catellus Residential Group. The remaining $35,000 may be used if Catellus
Residential Group sells additional Phase I dwellings to moderate income homebuyers.
This money would underwrite assistance to the homeowner's association if Catellus
sells additional Phase I units to covenant restricted moderate income homebuyers. The
source of these funds is the Low/Moderate Income Housing Bond Fund.
BACKGROUND AND OVERVIEW
In 1994, the La Quinta Redevelopment Agency embarked on a three-part strategy to
meet the affordable housing mandates of the California Community Redevelopment
Law. These mandates build upon the City's Housing Element requirements to increase
and improve the supply of housing affordable to very low, low and moderate income
households in La Quinta. The City's Housing Element provides that the City must
pursue a community -wide housing mix that accommodates both local and regional
demand for affordable housing. The Agency's housing requirements are more specific,
in that the Agency must ensure that at least 15% of all new, or substantially
rehabilitated, dwellings in the Agency's two redevelopment project areas are affordable
to very low, low and moderate income households. Further, these units must have
C:\My Documents\WPDOCS\CCJH-RGC CC.wpd
covenants that insure their affordability for a minimum of 30 years. The Agency's
1994 Housing Compliance Plan projects that this obligation will entail over 1,500
units, which must be in place by 2004. To date, the Agency has secured 342
covenant -restricted units.
The Agency's three-part strategy involves a combination of housing rehabilitation, the
provision of second trust deed mortgages, and underwriting new housing construction.
The Agency is actively implementing a rehabilitation program involving both single and
multifamily units.
As part of the new construction strategy, the Agency has purchased three properties
for future affordable housing development since 1989. In 1996, the Agency Board
directed staff to initiate a developer selection process for the design and development
of Agency property located northwest of the intersection of Avenue 48 and Jefferson
Street in Redevelopment Project Area No. 2 ("Site"). Four residential development
companies submitted proposals, and Catellus Residential Group was selected. The
selection initiated planning, environmental and economic analysis processes that
resulted in two Affordable Housing Agreements with Catellus. One of the Catellus
Affordable Housing Agreements was to facilitate the develop 86 single family detached
units for sale to moderate income households, and the other Agreement was for the
development of 118 apartments for rent to low and very low income senior
households.
Catellus commenced development of the single family detached portion of the project
and built 30 houses, including three models, in the first phase. Sales were slow and
Catellus requested additional Agency assistance to continue with the project.
Concurrently, Catellus' parent company, Catellus Development Corporation, announced
that it was going to withdraw from the merchant housing business, which included the
business of Catellus Residential Group, the project developer. The Agency chose to
terminate its agreements with Catellus and on June 20, 2000 approved a termination
agreement.
The termination agreement transferred the remaining 56 lots, plus the three model
homes back to the Agency. The termination agreement also transferred to the Agency
approximately 10.5 acres planned to be developed for 118 apartments for rent to
seniors, which will be the subject of a separate affordable housing agreement.
Of the 30 homes developed in the first phase, three models were acquired by the
Agency and will be transferred to RGC through this Agreement, 19 homes have been
sold by Catellus with restrictive covenants, four homes were to be sold by Catellus at
market prices without restrictive covenants, and the remaining four homes as of June
20, 2000, were either under contract of sale or reservation on terms which anticipated
additional restrictive covenants. The termination agreement provided that if, for
whatever reason, these four transactions under contract or reservation did not close,
then Catellus could sell these at market prices without covenants. 269
00
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Between Catellus and RGC, the Agency will receive affordability covenants on 44
units, 25 from RGC and 19 from Catellus. The Agency assistance, including
homeowner's association assistance, is allocated based upon this number of restricted
units. If Catellus is successful in closing any of the four units under contract or
reservation, this will provide additional restricted units beyond the 44. It will also
require additional homeowners association assistance from the Agency in an amount
of $8,719 per unit. This would be a total of $34,876 if all four units were sold by
Catellus.
Attached is the Affordable Housing Agreement and associated Summary Report
(Attachment 1). The Agreement provides a total of $4,845,147 of Agency financial
assistance to facilitate the development of 56 single family dwellings ("SFD
Development"). This is the balance remaining in the single family detached portion of
the Catellus assistance after a planned re -allocation of $275,000 to the apartment
portion of the project. Twenty-five of the single family detached dwellings would be
affordable to moderate income households and would feature 30-year affordability
covenants. The remaining 31 units plus the three models would be sold at market
rates without restrictive covenants.
The Summary Report that accompanies the Agreement details the financial and legal
parameters of the Agreement. In addition, the Report presents the rationale for the
level of subsidy the SFR Development needs in order to yield the affordable dwellings.
In facilitating the development of the Site, the Agency will achieve three objectives.
The first involves increasing the supply of affordable dwellings that feature long term
covenants. The RGC portion of the project will yield 25 moderate income units. The
Agency has a need to secure units affordable to moderate income households. To
date, moderate income homebuyers have not been interested in Agency assisted
homes, because they can find a comparable home in the La Quinta Agency housing
market that does not have the 30-year covenant. This project has been designed to
address the need for moderate income units by offering single family dwellings that
incorporate features found in residences costing in excess of $200,000 at sales prices
affordable to the moderate income buyer.
The second objective involves addressing conditions of blight within Project Area No.
2. Planning activities for this project have surfaced a variety of constraints that would
have resulted in a development of lesser quality and higher density if a market rate
development were constructed. In order to develop the Site, the project was required
to:
• Dedicate 5 acres to accommodate Jefferson Street and Avenue 48 setbacks
and street improvements;
• Raise the entire 34.4 net acre site by an average of 18 inches to accommodate
Coachella Valley Water District storm water retention requirements;
003
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• Construct a storm water retention basin to capture runoff from Jefferson Street;
• Upsize the existing water mains from 12 inches to 24 inches, and construct a
water main loop system that will serve both the Site and surrounding properties;
and
• Preserve a prehistoric Cahuilla settlement site through the development of an
archeological interpretive center.
The third objective is to ensure that Agency assisted housing developments reflect the
highest standards the community has established for development in La Quinta. Site
development has incorporated new town planning concepts that feature reduced
densities, open space areas, reduced street widths, and increased landscaping. The
SFR Development is at a density of 3.6 dwellings per acre. The development consists
of a single story structure that encompasses outdoor courtyards. The Site will have
3.6 acres of open space contained within a village green, the archeological site, and
a passive park. Further, an open space sand hummock has been retained at the
intersection of Avenue 48 and Jefferson Street. The street widths have been reduced
to 32 feet, which has increased the area planted with landscaping. The streets are
private, with homeowner association oversight of maintenance activities. This will
significantly reduce the City's service costs to this neighborhood. To ensure that there
will be sufficient funds to cover future maintenance expenses, the Agreement provides
up front assistance to the homeowners association to sufficiently fund future
maintenance needs.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council approving the Affordable Housing
Agreement with RGC; or
2. Do not adopt a Resolution of the City Council approving the Affordable Housing
Agreement with RGC; or
3. Continue the joint Public Hearing until August 15, 2000; or
4. Provide staff with alternative direction.
Respectfully submitted,
Je ry Hermaji 2 1
Co munity Development Director
UU�
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Approved for submission by:
homas P. Genovese, City Manager
Attachments:
Affordable Housing Agreement with associated Summary Report
272
v07)
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RESOLUTION 2000-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA APPROVING AN AFFORDABLE HOUSING
AGREEMENT BY AND BETWEEN THE LA QUINTA
REDEVELOPMENT AGENCY AND RGC COURTHOMES, INC.
FOR AN AFFORDABLE HOUSING DEVELOPMENT ON A
SITE WITHIN REDEVELOPMENT PROJECT AREA NO 2
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and
WHEREAS, pursuant to the CRL, the Agency and the City Council of the
City of La Quinta ("City" or "City Council," as applicable) previously approved and
adopted the Redevelopment Plan, as amended ("Redevelopment Plan") for Project Area
No. 2 ("Project Area"); and
WHEREAS, the Agency is required pursuant to Health and Safety Code
Section 33334.2 et seq, to expend monies in its Low and Moderate Income Housing
Fund to increase, improve, and preserve affordable housing in or serving the Project
Area; and
WHEREAS, the Agency now proposes to enter into an Affordable Housing
Agreement ("Agreement") with RGC CourtHomes, Inc., a California corporation
("Developer") for the conveyance by the Agency of a site owned by the Agency for
development of a fifty-nine (59) unit "for sale" single family detached housing project
on a site located within the Project Area, with not fewer than twenty-five (25) of the
units required to be developed as affordable units to be sold at an affordable housing
cost to persons and families with incomes not exceeding moderate income as defined
in California law (the "Project"); and
WHEREAS, the site proposed to be conveyed by the Agency to the
Developer is defined as numbered Lots 1-12, 19, 41-86, and lettered lots A, B, D, E,
and H-R, of Tract 28601-1 as shown on a map filed in Book 278, Pages 86 .through.
90 of maps recorded in the records of Riverside County (the "Site"); and
WHEREAS, the Site is a portion of the "Miraflores" housing development
project which in general consists of a three-phase development of single family
detached homes and a contemplated future development of an affordable senior citizen
rental apartment complex (the "Senior Apartments"); and
C:\My Documents\WPDOCS\CCResoRGC2.doc
006 273
Resolution 2000-
RGC Courthomes, Inc.
August 1, 2000
WHEREAS, before the Agency may dispose of real property, acquired
with tax increment funds, for development the Agency and City Council must hold a
duly noticed joint public hearing on the proposed disposition; and
WHEREAS, notice of a joint public hearing of the Agency and City Council
concerning the Agreement and the proposed conveyance described in the Agreement
was given in accordance with the requirements of Health & Safety Code Section
33433; and
WHEREAS, .the Agency also timely prepared and made available for public
review a Summary Report of the proposed transaction in accordance with Health &
Safety Code Section 33433; and
WHEREAS, all action required of the City to be taken precedent to review
and consideration of the Agreement by the City Council have been taken in accordance
with applicable law;
NOW, THEREFORE, the City Council of the City of La Quinta hereby
resolves as follows:
1. The City Council finds and determines:
A. That the sale of the Site as set forth in the Agreement, and the terms of
the Agreement, will provide housing for low or moderate income persons,
in that not fewer than 25 of the 59 units to be developed on the Site
shall be sold at an affordable housing cost to persons and families whose
incomes do not exceed moderate income as defined in California law.
B. That the sale of the Site as set forth in the Agreement, and the terms of
the Agreement, are consistent with the Agency's adopted "Second Five -
Year Implementation Plan Project Areas No. 1 and 2," adopted by the
Agency in accordance with Health and Safety Code Section 33490, in
that (i) the goals and objectives set forth in the Implementation Plan
include increasing and improving the community's supply of affordable
housing, and (ii) the project on the Site is specifically identified as one of
the Agency's housing programs to be undertaken in the time period
covered by the Implementation Plan.
C. That the highest and best use of the Site in accordance with the
Redevelopment Plan is the development of the Site for affordable housing
and that the consideration to be paid by the Developer for the Site is not
007
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Resolution 2000-
RGC Courthomes, Inc.
August 1, 2000
less than the fair reuse value at its highest and best use in accordance
with the Redevelopment Plan, for the reasons set forth in the Agency's
Summary Report for the Agreement and the transaction described in the
Agreement prepared in accordance with Health and Safety Code Section
33433, which Summary Report, a copy of which is on file with the
Agency Secretary, is incorporated herein by reference as though fully set
forth.
D. That the publicly owned improvements to be paid for by the Agency as
set forth in the Agreement, including but not limited to a well site and
certain street improvements adjacent to the Site, are of benefit to the
Project Area and to the immediate neighborhood in which the Project is
located, in that the improvements are necessary to effect development
of the Site and but for the Agency's expenditure the public infrastructure
improvements would not be completed thus detrimentally affecting the
Project and the residents living adjacent to the Site.
E. That there are no other reasonable means available to the community of
paying for the publicly owned improvements to be paid for by the Agency
as set forth in the Agreement, other than Agency funding in that City
general funds, as set forth in the adopted City budget, are earmarked for
critical public health and safety expenditures, such as police and fire
protection, and for other, previously identified capital improvement
projects, and for City service programs, all of which cannot be adjusted
to accommodate City expenditure for these public improvements, and
thus Agency payment is the sole available source for the publicly owned
improvements to be paid for by the Agency as set forth in the
Agreement.
F. That the payment by the Agency for the publicly owned improvements
as set forth in the Agreement will facilitate the provision of housing for
low or moderate income persons, in that the publicly owned
improvements designated in the Agreement for Agency payment are
necessary for the development of the Site as an affordable housing
development because the economics of the Project do not permit the
Developer to pay for these improvements and still maintain a reasonable
return on investment, as set forth in the Summary Report prepared for
the Project.
008
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Resolution 2000-
RGC Courthomes, Inc.
August 1, 2000
G. That the payment by the Agency for the publicly owned improvements
to be paid for by the Agency as set forth in the Agreement is consistent
with the Agency's adopted "Second Five -Year Implementation Plan
Project Areas No. 1 and 2," adopted by the Agency in accordance with
Health and Safety Code Section 33490, in that (i) the goals and
objectives set forth in the Implementation Plan include increasing and
improving the community's supply of affordable housing, and (ii) the
Project n the Site is specifically identified as one of the Agency's housing
programs to be undertaken in the time period covered by the
Implementation Plan, (iii) the Project on the Site is specifically identified
as addressing inadequate public infrastructure and facilities.
H. That the Agency's expenditures for the onsite and offsite improvements
identified in the Agreement will facilitate, and result in, the new
construction of affordable housing units for low or moderate income
persons that are directly benefited by the improvements, in accordance
with the authorization to the Agency to expend monies in its Low and
Moderate Income Housing Fund for such purposes pursuant to Health and
Safety Code Section 33334.2(e).
I. That the Agency's expenditures for the HOA Assistance to buyers of the
affordable housing units, as set forth in the Agreement, to the extent
such is a subsidy to or for the benefit of persons and families of low or
moderate income as defined in Health and Safety Code Sections 50093,
is necessary and proper to assist such households in obtaining housing
at an affordable housing cost in comparison to the cost of housing on the
open market, in accordance with the authorization to the Agency to
expend monies in its Low and Moderate Income Housing Fund for such
purposes pursuant to Health and Safety Code Section 33334.2(e).
J. That the Agency is further authorized under Health and Safety Code
Section 33449 which grants the Agency authority to improve sites in
order to provide housing for persons of low and moderate income, and
thus the Agency's expenditures for the Project, as set forth in the
Agreement, including but not limited to Acquisition Assistance, Additional
Assistance, and HOA Assistance (as defined in the Agreement) is
necessary and proper for the development of the Site as an affordable
housing project.
009
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Resolution 2000-
RGC Courthomes, Inc.
August 1, 2000
2. The City Council, pursuant to Health and Safety Code Section 33433, hereby
approved the Affordable Housing Agreement between the La Quinta
Redevelopment Agency and RGC CourtHomes, Inc.
3. In giving its approval as set forth in Paragraph 2 above, the City Council also
consents to the authority given by the Agency (i) to its Executive Director and
to the Agency Counsel to make final modifications to the Agreement that are
consistent with the substantive business terms of the form of Agreement
approved herein by the City Council, (ii) to its Executive Director to thereafter
sign the Agreement on behalf of the Agency, (iii) to its Executive Director to
sign, on behalf of the Agency, such other and further documents, including but
not limited to attachments and exhibits to the Agreement that require the
Agency's signature, and to take such other and further actions, on behalf of the
Agency, as may be necessary and proper to carry out the terms of the
Agreement, and (iv) to its Executive Director, the Agency Counsel, and their
respective authorized designees, and each of them individually, to sign escrow
instructions on behalf of the Agency in order to effect the close of escrow
described in the Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La
Quinta City Council held on this 1" day of August, 2000, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JOHN J. PENA, Mayor
City of La Quinta, California
ATTEST:
JUNE S. GREEK, City Clerk
City of La Quinta, California
010
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Resolution 2000-
RGC Courthomes, Inc.
August 1, 2000
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
011. 277 8
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ATTACHMENT 1
AFFORDABLE HOUSING AGREEMENT
BY AND BETWEEN
LA QUINTA REDEVELOPMENT AGENCY
AND
RGC COURTHOMES, INC.
013 279
394/015610-0002
96055.03 a07/24/00
I
II.
[100]
A.
B.
C.
D.
E.
TABLE OF CONTENTS
Page
SUBJECT OF AGREEMENT................................................................
[ 101 ] Purpose of Agreement.................................................................
[102] The Redevelopment Plan............................................................
[103] The Project Area..........................................................................
[104] The SFR Site................................................................................
[105] Parties to the A reement
g..........................................................................
1. [ 106] The Agency..................................................................................
2. [107] The Developer...............................................................................
3. [108] Prohibition Against Change in Ownership, Management
and Control of Developer and Prohibition Against Transfer of
theSFR Site..............................................................................................3
F. [109] Representations by the Developer..............................................................4
G. [I 10] Representations by the Agency................................................................... 5
1
1
2
2
2
3
3
3
[200]
AGENCY ASSISTANCE......................................................................................6
A.
[201 ]
Components of Agency Assistance............................................................
6
B.
[202]
Agency HOA Assistance............................................................................6
C.
[203]
Buyer Second Trust Deed Assistance........................................................7
D.
[204]
Conditions Precedent to the Transfer of the SFR Site...............................7
E.
[205]
Acquisition of the SFR Site; Purchase Price..............................................8
F.
[206]
Escrow........................................................................................................8
G.
[207]
Conveyance of Restricted Units to Moderate Income Households............
9
H.
[208]
Conveyance of Title and Delivery of Possession.....................................10
I.
[209]
Condition of Title.....................................................................................10
J.
[210]
Payment of the Purchase Price and Recordation of Deed ........................10
K.
[211 ]
Title Insurance..........................................................................................
I I
L.
[212]
Taxes and Assessments............................................................................
I I
M.
[213]
Conveyance Free of Possession...............................................................
I I
N.
[214]
Inspections; Condition of SFR Site..........................................................11
5.
Definitions...............................................................................................13
O.
[215]
Preliminary Work by the Developer........................................................14
P.
[216]
Disbursement of Additional Assistance...................................................14
[300] DEVELOPMENT OF THE SITE........................................................................14
A. [301 ]
Development of the SFR Site...................................................................14
1.
[302] Scope of Development.................................................................14
2.
[303] Plans, Drawings, and Related Documents....................................15
3.
[304] Review and Approval of Plans, Drawings, and Related
Documents..............................................................................................15
4.
[305] Cost of Development...................................................................16
5.
[306] Construction Schedule..................................................................16
6.
[307] Indemnity, Bodily Injury and Property Damage Insurance .........16
7.
[308] City and Other Governmental Agency Permits ............................17
394/015610-0002
96055.03 a07/24/00
280
0111
Page
8.
[309] Rights of Access...........................................................................17
9.
[310] Local, State and Federal Laws.....................................................17
10.
[311 ] Anti-Discrimination.....................................................................
17
11.
[312] Taxes and Assessments................................................................18
B.
[313]
Prohibition Against Transfer of the SFR Site, the Buildings or
Structures Thereon and Assignment of Agreement............................................18
C.
[314]
Right of the Agency to Satisfy Other Liens on the SFR Site After
TitlePasses..........................................................................................................18
D.
[315]
Certificate of Completion.........................................................................18
E.
[316]
No Encumbrances Except Mortgages, Deeds of Trust, Sales and
Leases
-Back or Other Financing for Development............................................19
F.
[317]
Holder Not Obligated to Construct Improvements ..................................
20
G.
[318]
Notice of Default to Mortgage, Deed of Trust or Other Security
Interest
Holders; Right to Cure...........................................................................
20
H.
[319]
Failure of Holder to Complete Improvements.........................................21
I.
[320]
Right of Agency to Cure Mortgage, Deed of Trust or Other
Security Interest Default.....................................................................................21
IV. [400]
USE OF THE SITE..............................................................................................
21
A.
[401]
Affordable Housing..................................................................................21
1.
Number of Units.....................................................................................21
2.
Cost of Restricted Units..........................................................................22
3.
Definitions...............................................................................................22
5.
Restrictions on Transfer by Sale of the Restricted Property or
Any Restricted Unit................................................................................24
B.
[402]
Uses In Accordance with Redevelopment Plan;
Nondiscrimination...............................................................................................
28
C.
[403]
Effect of Violation of the Terms and Provisions of this
Agreement After Completion of Construction...................................................30
D.
[404]
Maintenance of the SFR Site....................................................................
30
V. [500]
DEFAULTS AND REMEDIES...........................................................................30
A.
[501 ]
Defaults -- General...................................................................................
30
B.
[502]
Legal Actions...........................................................................................
31
1.
[503] Institution of Legal Actions ......................................................
31
2.
[504] Applicable Law............................................................................31
3.
[505] Acceptance of Service of Process................................................31
C.
[506]
Rights and Remedies Are Cumulative.....................................................
31
D.
[507]
Inaction Not a Waiver of Default.............................................................31
E.
[508]
Remedies and Rights of Termination.......................................................31
1.
[509] Defaults........................................................................................31
2.
[510] Specific Performance...................................................................32
3.
[511 ] Termination by the Developer......................................................32
4.
[512] Termination by the Agency..........................................................32
F.
[513]
Option to Purchase, Reenter and Repossess.............................................33
G.
[514]
Right of Reverter......................................................................................34
281
015
394/015610-0002
96055.03 a07/24/00
—ii—
Page
VI. [600] GENERAL PROVISIONS...................................................................................35
A. [601 ] Notices, Demands and Communications Between Parties.......................35
B. [602] Conflicts of Interest..................................................................................35
C. [603] Enforced Delay; Extension of Times of Performance .............................36
D. [604] Non -Liability of Officials and Employees of the Agency and the
Developer............................................................................................................ 36
E. [605] Interpretation; Entire Agreement, Waivers; Counterparts;
Attachments........................................................................................................36
F. [605] No Brokers...............................................................................................37
G. [606] Amendments to this Agreement...............................................................37
ATTACHMENTS
1 Site Map
2 Legal Description
3 Scope of Development
4 Schedule of Performance
5 Grant Deed
6 SFR Promissory Note\
7 SFR Deed of Trust
8 Declaration of Covenants, Conditions, and Restrictions For Property
9 Certificate of Completion
10 Maximum Sales Price Illustration
11 Form of Certificate of Proposed Transferee
12 Form of Notice to Intent to Transfer
13 Form of Request for Approval of Proposed Transferee
14 Form of Assumption Agreement
15 Additional Assistance And Developer's Additional On -Site and Off -Site Improvement
Obligations
16 Agency Buyer Standard Forms
394/015610-0002
96055.03 a07/24/00 —111-
AFFORDABLE HOUSING AGREEMENT
This Affordable Housing Agreement ("Agreement") is entered into as of the day of
, 2000 ("Effective Date") by and between LA QUINTA REDEVELOPMENT
AGENCY, a public body corporate and politic (the "Agency") and RGC COURTHOMES, INC.,
a California corporation (the "Developer"). The Agency and the Developer (collectively referred
to as the "Parties") hereby agree as follows:
I. [1001 SUBJECT OF AGREEMENT
A. [ 101 1 Purpose of Agreement
The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter
defined) for the La Quinta Redevelopment Project (the "Project") by providing for the
improvement of certain property situated within the Project Area of the Project (the "Project
Area"), by assisting in the financing of the acquisition of the "SFR Site" (as hereinafter defined)
and the development thereon of fifty-nine (59) single-family detached homes and related
improvements, including the long-term maintenance of certain of the units at an affordable
housing cost for persons and households of whose household income does not exceed "moderate
income" as defined by applicable law, as more fully described in this Agreement.
The SFR Site and SFR Development (as defined herein) are part of, and shall complete,
the Miraflores Affordable Housing Project ("Miraflores"). Miraflores was conceived as a three-
phase project. Phase I has been developed by Catellus Residential Group, Inc. ("Catellus"),
which has or will sell up to twenty-seven (27) detached single family homes. Phase I also
includes three (3) model homes which Catellus will not be selling but which will be conveyed by
the Agency to Developer subject to the terms and conditions of this Agreement. The Parties
acknowledge and agree that the SFR Site (as defined herein) and the SFR Development (as
defined herein) that is the subject of this Agreement, refers to, collectively, (a) fifty-nine single
family lots which includes (i) the three lots which are improved with model homes that were
developed as part of Phase I, and (ii) fifty-six (56) new single family homes to be developed by
Developer in accordance with this Agreement on the remaining fifty-six (56) lots in Phases II
and III, and (c) certain on -site and off -site improvements pertaining to Phases I, H, and III as
described herein. As used herein, the term "Unit" refers to each of the 59 single family dwelling
units and the particular lot on which the unit is constructed, and the term "Units" refers to all of
the 59 single family dwelling units and the lots on which they are constructed. The term
"Unrestricted Units" refers to those of the Units that Developer may sell at a market rate (and
which upon such sale shall be released from the Declaration of Covenants, Conditions, and
Restrictions for Property (Attachment No. 8). The term "Restricted Units" refers to those of the
Units that are subject to the Declaration of Covenants, Conditions, and Restrictions and which
Developer is required to sell at an Affordable Housing Cost to Moderate Income Households (as
those terms are defined in this Agreement) and which upon such sale not be released from, but
shall be continued to be subject to, the Declaration of Covenants, Conditions, and Restrictions
for Property (Attachment No. 8).
394/015610-0002 - I 283
96055.03 a07/24/00 1
The Agency financial assistance in this Agreement shall be utilized to effectuate a portion
of the Agency's overall affordable housing program pursuant to the requirements of California
Health and Safety Code Section 33334.2 to expend twenty percent (20%) of its increment funds
to improve, increase and preserve the community's supply of low- and moderate housing. The
acquisition and development of the Site and the occupancy of the single-family housing as
developed for households of limited incomes all as provided in this Agreement are in the vital
and best interests of the City of La Quinta (the "City") and the health, safety and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and local
laws and requirements under which the Project has been undertaken.
B. (1021 The Redevelopment Plan
This Agreement is subject to the provisions of the Redevelopment Plan for Project Area
No. 2 (the "Redevelopment Plan") which was approved and adopted by Ordinance No. 43 of the
City Council of the City of La Quinta on the 29th day of November, 1983. Said ordinance and
Redevelopment Plan are fully incorporated herein by reference.
Any amendment hereafter to the Redevelopment Plan (as so approved and adopted)
which changes the uses or development permitted on the Site as proposed in this Agreement, or
otherwise changes the restrictions or controls that apply to the Site, or otherwise affects the
Developer's obligations or rights with respect to the Site, shall not apply to the Site without the
written consent of the Developer. Amendments to the Redevelopment Plan applying to other
property in Project Area No. 2 shall not require the consent of the Developer.
C. (1031 The Project Area
The La Quinta Redevelopment Project Area No. 2 ("Project Area") is located in the City
and is generally bounded by Washington Street, the northern corporate boundary, Jefferson
Street and Avenue 50. The exact boundaries are as set out in the Redevelopment Plan.
D. [104] The SFR Site
The "SFR Site" is currently owned by the Agency and consists of certain of real property
at the corner of 48th Avenue and Jefferson Street located within the Project Area in the City of
La Quinta, County of Riverside. The SFR Site is depicted in the Site Map on Attachment No. 1
attached hereto and incorporated herein by this reference. The legal description of the SFR Site
is provided on Attachment No. 2 attached hereto and incorporated hereby by this reference. In
accordance with the approved Specific Plan that covers the SFR Site, fifty-nine (59) single
family homes may be constructed on the SFR Site. This Agreement is consistent with and in
compliance with that Specific Plan. Any material change, as reasonably determined by the
Agency, in the Scope of Development (Attachment No. 3) or in the approved Specific Plan
which affects the size, quality, or type of development proposed for the SFR Site shall require
the written approval of the Agency, which approval may be contingent upon the review and
renegotiation of all the economic and financial terms of this Agreement and such other matters as
the Agency shall deem appropriate.
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E. [1051 Parties to the Agreement
[106] The Agency
The Agency is a public body, corporate and politic, exercising governmental
functions and powers and organized and existing under Chapter 2 of the Community
Redevelopment Law of the State of California (Health & Safety Code § 33000 et seq.). The
principal office of the Agency is located at 78-495 Calle Tampico, La Quinta, California 92253,
or such other address as Agency shall hereafter designate in writing to Developer.
"Agency", as used in this Agreement, includes the La Quinta Redevelopment
Agency and any and all assignees of or successors to its rights, powers and responsibilities.
2. [107] The Developer
The Developer is RGC CourtHomes, Inc., a California corporation. The principal
office and mailing addresses of the Developer for purposes of this Agreement is 101 Shipyard
Way, Suite G, Newport Beach, Ca 92663.
By executing this Agreement, each person signing on behalf of the Developer
warrants and represents to the Agency that the Developer has the full power and authority to
enter into this Agreement, that all authorizations required to make this Agreement binding upon
the Developer have been obtained, and that the person or persons executing this Agreement on
behalf of the Developer are fully authorized to do so.
Whenever the term "Developer" is used in this Agreement, such term shall
include any and all nominees, assignees, or successors in interests as herein provided.
3. [108] Prohibition Against Change in Ownership, Management and
Control of Developer and Prohibition Against Transfer of the SFR Site
The qualifications and identity of the Developer are of particular interest to the
Agency. It is because of these qualifications and identity that the Agency has entered into this
Agreement with the Developer. Consequently, no person, whether a voluntary or involuntary
successor of Developer shall acquire any rights or powers under this Agreement nor shall the
Developer assign all or any part of this Agreement or the SFR Site without the prior written
approval of the Agency. A voluntary or involuntary sale or transfer of any interest in the
Developer of the SFR Site prior to the issuance of a Certificate of Completion for the Developer
Improvements (as defined in this Agreement, including but not limited to the Scope of
Development) with respect to the SFR Site shall be deemed to constitute an assignment or
transfer for the purposes of this Section 108, and the written approval of the Agency shall be
required prior to effecting such an assignment or transfer. Any purported transfer, voluntarily or
by operation of law, except with the prior written consent of the Agency, shall render this
Agreement absolutely null and void and shall confer no rights whatsoever upon any purported
assignee or transferee. Prior to the issuance of a Certificate of Completion for the SFR
Improvements on the SFR Site, the Developer shall not, except as permitted by this Agreement,
assign or attempt to assign this Agreement or any rights or duties herein, nor make any total or
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partial sale, transfer, conveyance, or assignment of the whole or any part of the SFR Site or the
Developer Improvements thereon, without the prior written approval of the Agency.
Notwithstanding any other provision of this Agreement to the contrary, Agency
approval of an assignment of this Agreement or transfer of the SFR Site, or any interest therein
shall not be required in connection with: (a) the conveyance or dedication of any portion of the
Site to the City of La Quinta, or other appropriate governmental agency, including public
utilities, where the granting of such easements permits or facilitates the development of the Site;
or (b) any assignment of this Agreement or transfer of the SFR Site, or the SFR Improvements
located thereon to a limited liability company in which Developer is a member, or has a greater
than fifty percent (50%) ownership and management interest; and (c) any assignment of this
Agreement, or transfer of the SFR Site and Developer Improvements located thereon to a limited
partnership in which Developer is a general partner with a greater than fifty percent (50%)
ownership and management interest. Notwithstanding anything in this Section 108 to the
contrary, no transfer or assignment by Developer or any successor shall be effective unless and
until the transferor and transferee execute and deliver to Agency an assignment and assumption
agreement in a form and with content reasonably acceptable to Agency's legal counsel.
This Section 108 shall not be applicable to the sales of Units to home buyers in
accordance with this Agreement and no assignment and assumption agreement shall be required
for the conveyance of a home to a buyer.
This Section 108 shall become inapplicable for each lot in the SFR Site as to
which the Agency has issued a Certificate of Completion pursuant to Section 315 of this
Agreement.
F. j 1091 Representations by the Developer
The Developer represents and warrants to the Agency as follows:
1. The Developer is duly established and in good standing under the laws of
the State of California and has duly authorized, executed and delivered this Agreement and any
and all other agreements and documents required to be executed and delivered by the Developer
in order to carry out, give effect to, and consummate the transactions contemplated by this
Agreement. This Agreement is enforceable against the Developer in accordance with its terms.
2. The Developer does not have any contingent obligations or contractual
agreements which will materially adversely affect the ability of the Developer to carry out its
obligations hereunder.
3. There are no pending or, so far as is known to the Developer, threatened,
legal proceedings to which the Developer is or may be made a party to or to which it or any of its
property is or may become subject, which have not been fully disclosed in the material submitted
to the Agency, which will materially adversely affect the ability of the Developer to carry out its
obligations hereunder.
4. There is no action or proceeding pending or, to the Developer's best
knowledge, threatened, looking toward the dissolution or liquidation of the Developer and there
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is no action or proceeding pending or, to the Developer's best knowledge, threatened by or
against the Developer which could affect the validity and enforceability of the terms of this
Agreement, or adversely affect the ability of the Developer to carry out its obligations hereunder.
5. The Developer has, and will as required by its obligations hereunder,
dedicate, allocate and otherwise make available, sufficient financial and other resources to
perform its obligations under this Agreement.
Each of the foregoing items 1 to 5, inclusive, shall be deemed to be an ongoing
representation and warranty and shall survive the close of escrow for the SFR Site and shall
continue until the sale of the last Restricted Unit (as defined in Section 101) in the SFR
Development. The Developer shall advise the Agency in writing if there is any change material
pertaining to any matters set forth or referenced in the foregoing items 1 to 5, inclusive.
G. r 1101 Representations by the Agency
The Agency represents and warrants to Developer as follows:
1. Agency is a public body, corporate and politic, existing pursuant to the
California Community Redevelopment Law (California Health and Safety Code Section 33000),
which has been authorized to transact business pursuant to action of the City of La Quinta.
Agency has full right, power and lawful authority to transfer the SFR Site as provided herein and
the execution, performance, and delivery of this Agreement by Agency has been fully authorized
by all requisite actions on the part of Agency. The parties who have executed this Agreement on
behalf of Agency are authorized to bind Agency by their signatures hereto.
2. Agency does not have any contingent obligations or contractual
agreements which will materially adversely affect the ability of Agency to carry out its
obligations hereunder.
3. There are no pending or, so far as is known to Agency, threatened, legal
proceedings to which Agency is or may be made a party or to which it or any of its property is or
may become subject, which will materially adversely affect the ability of Agency to carry out its
obligations hereunder.
4. There is no action or proceeding pending or, to Agency's best knowledge,
threatened, looking toward the dissolution or liquidation of Agency and there is no action or
proceeding pending or, to Agency's best knowledge, threatened by or against Agency which
could affect the validity and enforceability of the terms of this Agreement, or adversely affect the
ability of Agency to carry out its obligations hereunder.
5. To the best of Agency's knowledge, the SFR Site is not currently in
violation of any law, ordinance, rule, regulation or requirement applicable to its use and
operation.
6. Agency is not the subject of a bankruptcy proceeding.
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II. [2001 AGENCY ASSISTANCE
The Agency agrees to provide to Developer pursuant to the Agreement certain financial
assistance and incentives in an amount not to exceed FOUR MILLION EIGHT HUNDRED
FORTY-FIVE THOUSAND ONE HUNDRED FORTY-SEVEN DOLLARS ($4,845,147),
which shall be composed of the Acquisition Assistance, the Additional Assistance, and the HOA
Assistance, as defined below, which shall include a write down of the purchase price for the Site,
funding for certain offsite public infrastructure for the SFR Development, and provision of
affordability assistance towards the cost of homeowner's association dues through an Agency
2nd trust deed grant program to purchasers of the single family residences in the SFR
Development, all as more particularly set forth in Sections 201 and 203 below (collectively,
"Agency Assistance"). The Agency Assistance has been funded from the Agency's Low and
Moderate Income Housing Fund. Accordingly, Developer acknowledges and agrees that the use
of the SFR Site shall be subject to all of the income and affordability restrictions set forth in this
Agreement, and the Declaration of Covenants, Conditions and Restrictions (Attachment No. 8).
As a condition to provision of the Agency Assistance, Developer shall execute the SFR Note in
the form of Attachment No. 6 in the amount of the total Agency Assistance of Four Million Eight
Hundred Forty -Five Thousand One Hundred Forty -Seven Dollars ($,845,147), and a deed if trust
in the form of Attachment No. 7 ("SFR Deed of Trust") which shall secure repayment of the SFR
Note. The SFR Note shall bear no interest and shall be due and payable in accordance with the
terms of the SFR Note. The SFR Note shall automatically be reduced by one -fifty-ninth (1/59)
of the original principal of the SFR Note amount for each Unit (as that term is defined in Section
101) sold on the date of close of each Developer Conveyance Escrow and the Agency shall
partially reconvey the SFR Deed of Trust upon the Close of each Developer Conveyance Escrow
for each Unit in the SFR Development.
A. [201 1 Components of Agency Assistance
1. Acquisition Assistance: Agency shall provide a portion of the Agency
Assistance in a maximum amount not to exceed Four Million Three Hundred Seventy Thousand
One Hundred Forty -Nine Dollars ($4,370,149) in financial assistance for the SFR Development
as a land write -down ("Acquisition Assistance").
2. Additional Assistance. Agency shall disburse, as a grant, the Additional
Assistance, as set forth in Attachment No. 15.
3. HOA Assistance. Agency shall disburse, as a loan to buyers of the
Restricted Units, the HOA Assistance as set forth in Section 202
B. [2021 Agency HOA Assistance
Agency shall provide as part of the Agency Assistance a maximum amount not to
exceed $8719 for each of the twenty-five (25) Restricted Units Developer is required to sell, to
be placed in a trust account in the name of the, homeowners association ("Association") for
assistance on payment of a portion of the homeowner's association dues to assist in assuring
affordability during the covenanted period for the SFR Development ("HOA Assistance"). The
HOA Assistance shall be deposited into the Association trust account concurrently with the
.w
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Close of the Developer Conveyance Escrow for the first Restricted Unit. The HOA Assistance
shall be used for the costs of maintenance of streets, landscaping and other facilities and a
"subsidy fund" will be maintained on the books and records of the Association to document the
use of the HOA Assistance. Nothing herein shall prohibit or prevent Developer from providing,
from Developer's own funds, additional contributions to the HOA Assistance.
C. [203] Buyer Second Trust Deed Assistance
Each buyer of a Restricted Unit shall be required to execute a promissory note
("Buyer Promissory Note") which shall be secured by a second deed of trust ("Buyer Second
Trust Deed") to assure the affordability of the Restricted Unit to Moderate Income Households
as defined in Section 401 hereof.
The form of the Buyer Promissory Note and the Buyer Second Trust Deed shall
be that form currently approved for use by the Agency for its affordable housing program at the
time of the sale of the residences to the buyer(s). Each initial Buyer Promissory Note shall be in
the amount of $8719 [Agency's HOA Assistance for that Restricted Unit], or such higher amount
if Developer provides, from Developer's own funds, an additional contribution for an increased
amount of HOA Assistance. The forms of the Buyer Promissory Note and Buyer Deed of Trust
shall be subject to change to conform with this Agreement and all applicable Fannie Mae, HUD
or other government or lender requirements. The basic terms of the Buyer Promissory Note shall
include: (i) principal in the amount of the HOA Assistance; (ii) zero percent interest; (iii) 30-
year term; (iv) no payments shall be due unless a sale to a nonqualified buyer triggers payment
under the equity share provisions; (v) assumability to a qualified buyer, and (vi) full credit of all
payments at end of term if all conditions, covenants and restrictions have been satisfied. A
current sample forms of Buyer Promissory Note, Buyer Second Deed of Trust and Resale
Restriction and Maintenance Agreement are attached hereto as Attachment No. 16.
D. [2041 Conditions Precedent to the Transfer of the SFR Site
Prior to and as conditions to conveyance of the SFR Site by Agency to Developer,
and to funding any portion of the Agency Assistance, the Developer shall complete each of the
following by the respective times established therefor in the Schedules of Performance
(Attachment No. 4):
1. the Developer shall not be in default of this Agreement;
2. the Developer provides to the Executive Director insurance certificates
conforming to Section 307 of this Agreement;
3. the Developer shall provide improvement security to the City to assure
completion of the required subdivision improvement work referred to in Attachment No. 15;
4. the Developer shall have executed and deposited with escrow for delivery
to the Agency the SFR Promissory Note (Attachment No. 6) and the SFR Deed of Trust
(Attachment No. 7);
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5. the Developer shall have executed and deposited with escrow for
recordation and delivery to the Agency the Declaration of Conditions, Covenants and
Restrictions (Attachment No. 8);
6. the Developer shall have provided a conditional loan approval or other
evidence of financing reasonably satisfactory to the Agency Executive Director sufficient to
perform Developer's responsibilities for construction of the SFR Development pursuant to this
Agreement; and
7. the Developer has approved the environmental condition of the SFR Site
and agrees to acquire the SFR Site in its present condition.
The foregoing items numbered 1 to 7, inclusive, together constitute the
"Conditions Precedent" to the Agency's close of escrow on the conveyance of the SFR Site to the
Developer and the funding of the acquisition portion of the Agency Assistance.
E. r2051 Acquisition of the SFR Site; Purchase Price
The Developer shall acquire a fee simple marketable title to the SFR Site pursuant
to a Grant Deed in the form of Attachment No. 5 attached hereto and incorporated hereby by this
reference. Developer's purchase price for the Site is Four Million Three Hundred Seventy
Thousand One Hundred Fifty Dollars ($4,370,150), which consists of One Dollar ($1.00) to be
paid at closing in cash plus the Acquisition Assistance.
F. [2061 Escrow
Agency and Developer agree to open an escrow (the "Acquisition Escrow") with -
First American Title Insurance Company, or with another mutually agreeable escrow company
(the "Escrow Agent"), by the time established therefor in the Schedule of Performance
(Attachment No. 4). This Agreement constitutes Agency's and Developer's escrow instructions
for the Agency's sale and Developer's purchase of the SFR Site and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the Acquisition Escrow.
The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent,
upon indicating within five (5) days after the opening of the Acquisition Escrow its acceptance
of the provisions of this Section 206, in writing, delivered to the Agency and the Developer, shall
carry out its duties as Escrow Agent hereunder.
Agency and Developer shall pay into the Acquisition Escrow the following fees,
charges and costs promptly after the Escrow Agent has notified the Agency of the total amount
of such fees, charges and costs, but not earlier than five (5) days prior to the scheduled date for
closing the Acquisition Escrow:
Agency and Developer shall each pay one-half of the Escrow fee;
2. Agency shall pay the costs, if any, of drawing the grant deed;
Agency shall pay recording fees, if any;
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4. Agency and Developer shall pay their respective Notary fees;
5. Agency pay the premium for the title insurance policy up to the amount
set forth in Section 211 and Developer shall pay for its portion, if any, as set forth in Section 211.
6. Agency shall pay for any transfer tax and any state, county or city
documentary stamps.
The Developer shall deposit with the Escrow Agent the executed SFR Note
(Attachment No. 6) and the SFR Deed of Trust (Attachment No. 7).
The Escrow Officer shall notify the Agency when all outstanding documents
including the Grant Deed (Attachment No. 5) to the Developer, the SFR Deed of Trust
(Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment
No. 8) have been executed and submitted to Escrow by the applicable party.
The Escrow Agent shall record the following documents in the following order of
recordation: (1) Grant Deed, (2) SFR Deed of Trust (Attachment No. 7) and (3) Declaration of
Conditions, Covenants and Restrictions (Attachment No. 8).
All funds received in the Acquisition Escrow shall be deposited by the Escrow
Agent, with other escrow funds of the Escrow Agent in an interest -earning general escrow
account or accounts with any state or national bank doing business in the State of California.
Such funds may be transferred to any other general escrow account or accounts. All
disbursements shall be made by check of the Escrow Agent.
Any amendment to these escrow instructions shall be in writing and signed by the.
Agency. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as
Escrow Agent under such amendment.
The liability of the Escrow Agent in the capacity of escrow holder with respect to
the Agency is limited to performance of the obligations imposed under it under Sections 206,
210, 211, and 212, of this Agreement.
G. (2071 Conveyance of Restricted Units to Moderate Income Households
At such time as the Developer conveys each Restricted Unit in the SFR
Development to a Moderate Income Household, Agency agrees to subordinate the Declaration of
Conditions, Covenants and Restrictions (Attachment No. 8) to the first priority lien of any
purchase money deed of trust. Concurrently therewith, the Buyer Second Deed of Trust shall be
recorded as a second priority deed of trust, behind the deed of trust securing the buyer's purchase
money financing the Resale Restriction and Maintenance Agreement and the Declaration of
Conditions, Covenants and Restrictions (Attachment No. 8). Each Restricted Unit in the SFR
Development shall be conveyed to the buyer pursuant to a grant deed which sets forth the
affordability and nondiscrimination provisions in the Agency's most current form.
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H. [2081 Conveyance of Title and Delivery of Possession
Provided that the Developer is not in default under this Agreement and all
conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon
extensions of time, conveyance to the Developer of title to the SFR Site shall be completed on or
prior to the date specified in the Schedule of Performance (Attachment No. 4). The Agency and
the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title
to be conveyed in accordance with the foregoing provisions.
Possession shall be delivered to the Developer concurrently with the conveyance
of title, except that limited access may be permitted before conveyance of title as permitted in
Section 213 of this Agreement. The Developer shall accept title and possession on the said date.
I. [2091 Condition of Title
The Agency shall convey to the Developer fee simple title to the SFR Site free
and clear of all recorded liens, encumbrances, encroachments, assessments, leases and taxes
except as approved by Developer pursuant to this Section 209. Within five (5) days of execution
of this Agreement, Agency shall cause First American Title Insurance Company, or another title
company reasonably acceptable to Agency and Developer (the "Title Company"), to deliver to
Developer a standard preliminary title report (the "Title Report") with respect to the SFR Site,
together with legible copies of the documents underlying the exceptions ("Exceptions") set forth
in the Title Report. Developer shall have the right to reasonably approve or disapprove the
Exceptions; provided, however, that the Developer hereby approves the Redevelopment Plan and
the lien of current non -delinquent real property taxes and assessments, if any, as Exceptions.
Developer shall have ten (10) days from the date of receipt of the Title Report and
the Exceptions pursuant to this Section 209 to give written notice to Agency of its approval or
disapproval of any of such Exceptions. Developer's failure to give written approval of the Title
Report within such time limit shall be deemed approval of the Title Report by Developer. If
Developer notifies Agency of its disapproval of any Exceptions in the Title Report, Agency shall
have the right, but not the obligation, to remove any disapproved Exceptions within ten (10) days
after receiving written notice of Developer's disapproval or provide assurances satisfactory to
Developer that such Exception(s) will be removed on or before conveyance of the SFR Site. If
Agency cannot or in its sole discretion does not elect to remove any of the disapproved
Exceptions within that period, Developer shall have ten (10) business days after the expiration of
such ten (10) days to either give Agency written notice that it elects to proceed with the
conveyance of the SFR Site subject to the disapproved Exceptions or to give Agency written
notice that it elects to terminate this Agreement. Developer shall have the right to approve or
disapprove any Exceptions reported by the Title Company after Developer has approved the
condition of title for the SFR Site (which are not created by Developer). Agency shall not
voluntarily create any new exceptions to title following the date of this Agreement.
J. j2101 Payment of the Purchase Price and Recordation of Deed
The Developer shall deposit the SFR Purchase Price including the executed SFR
Note and the SFR Deed of Trust for the SFR Site and other sums required hereunder, if any, with
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the Escrow Agent prior to the date for conveyance of the SFR Site, provided that the Escrow
Agent shall have notified the Developer in writing the Grant Deed, properly executed and
acknowledged by the Agency, has been delivered to the Escrow Agent and that title is in
condition to be conveyed in conformity with the provisions of Section 206 of this Agreement.
Upon the close of escrow, the Escrow Agent shall record the Grant Deed for recordation among
the land records in the Office of the County Recorder of Riverside County and shall deliver the
purchase price and any other required sums to the Agency. Immediately following the
recordation of the Grant Deed, the Escrow Agent shall record the SFR Deed of Trust
(Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment
No. 8), as provided in Section 206.
K. [211 1 Title Insurance
Concurrently with recordation of the grant deed, Escrow Agent shall instruct First
American Title Insurance Company or some other title insurance company satisfactory to the
Agency and the Developer having equal or greater financial responsibility ("Title Company"), to
provide and deliver to the Developer an ALTA standard form policy of title insurance that does
not require a survey issued by the Title Company insuring that the title is vested in the
Developer, or its assignee, as applicable, in the condition required by Section 209 of this
Agreement. The Title Company shall provide the Agency with a copy of the title insurance
policy and the title insurance policy shall be in the amount of Four Million Three Hundred
Seventy Thousand One Hundred Fifty Dollars ($4,370,150).
The. Agency shall pay the title insurance premium attributable to the ALTA
standard form policy of title insurance. The Title Company shall, if requested by the Developer,
increase the amount of the title insurance policy or provide the Developer with an extended
policy, coverages, or endorsements. The Developer shall pay the portion of the premium
associated with such extended or additional coverages or endorsements.
L. r2121 Taxes and Assessments
Ad valorem taxes and assessments, if any, on the SFR Site, and taxes upon this
Agreement or any rights hereunder, levied, assessed or imposed for any period commencing
prior to conveyance of title shall be borne by the Agency. All ad valorem taxes and assessments
levied or imposed for any period commencing after closing of escrow for the SFR Site shall be
paid by the Developer.
M. [2131 Conveyance Free of Possession
The SFR Site shall be conveyed free of any possession or right of possession by
any person except that of the Developer and the easements and other encumbrances of record
(subject to Developer's right to review the condition of title pursuant to Section 209).
N. [2141 Inspections; Condition of SFR Site
1. Inspections. The Developer shall conduct the Developer's own
investigation of the SFR Site, including but not limited to the existing improvements, if any, its
physical condition, the soils and toxic conditions of the SFR Site and all other matters which in
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the Developer's judgment affect or influence the Developer's proposed use of the SFR Site and
the Developer's willingness to develop the SFR Site pursuant to this Agreement. The
Developer's investigation may include, without limitation, the preparation by a duly licensed
soils engineer of a soils report for the SFR Site. Prior to the acquisition of the SFR Site, the
Developer shall provide written notice to the Agency of the Developer's determinations
concerning the suitability of the physical condition of the SFR Site. If, in the Developer's
reasonable judgment, the physical condition of the SFR Site is unsuitable for the use or uses to
which the SFR Site will be put to the extent that it is not economically feasible for the Developer
to develop the SFR Site pursuant to this Agreement, then the Developer shall have the option
either to (a) take any action necessary to place the applicable Site in a condition suitable for
development, at no cost to the Agency; or (b) terminate this Agreement pursuant to the
provisions of Section 511 hereof. If the Developer has not notified the Agency of its
determinations concerning the suitability of the physical condition of the SFR Site by close of
escrow, the Developer shall be deemed to have waived its right to terminate this Agreement
pursuant to this Section.
2. "As Is". The Agency has provided the Developer with all information of
which it has actual knowledge concerning the physical condition of the SFR Site, including,
without limitation, information about any Hazardous Materials, as defined below. The
Developer acknowledges and agrees that any portion of the SFR Site, including but not limited to
the existing improvements that it acquires from the Agency pursuant to this Agreement shall be
purchased "AS IS" "WHERE IS" "WITH ALL FAULTS," in its current physical condition, with
no warranties of any kind or nature, express or implied, as to the physical condition thereof, the
presence or absence of any latent or patent condition thereon or therein, including, without
limitation, any Hazardous Materials thereon or therein, and any other matters affecting the SFR
Site.
3. Indemnity. The Developer agrees, from and after the date of recording of
the deed conveying title to the SFR Site from the Agency to the Developer or its assignee under
this Agreement, to defend, indemnify, protect and hold harmless the Agency and its officers,
beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns
("Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees,
judgments, liens, demands, actions, Environmental Response Actions (as defined in subsection 5
below), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as
defined in subsection 5 below) or costs of any kind or nature whatsoever, together with fees
(including, without limitation, reasonable attorneys' fees and experts' and consultants' fees),
occurring during and caused by Developer's use and occupancy of the SFR Site, and resulting
from or in connection with the actual or claimed generation, storage, handling, transportation,
use, presence, placement, migration and/or release of Hazardous Materials (as defined in
subsection 5 below), at, on, in, beneath or from the SFR Site, unless caused by the negligence or
willful misconduct of Indemnities. The Developer's defense, indemnification, protection and
hold .harmless obligations herein shall include, without limitation, the duty to respond to any
governmental inquiry, investigation, claim or demand regarding the Hazardous Materials, at the
Developer's sole cost.
4. Release and Waiver. Subject to the exceptions set forth in Section 214.3
above, the Developer hereby releases and waives all rights, causes of action and claims the
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Developer has or may have in the future against the Indemnities arising out of or in connection
with any Hazardous Materials (as defined in subsection 5 below), at, on, in, beneath or from the
SFR Site. In furtherance of the intentions set forth herein, the Developer acknowledges that it is
familiar with Section 1542 of the Civil Code of the State of California which provides as
follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by him must
have materially affected this settlement with the debtor."
The Developer hereby waives and relinquishes any right or benefit which it has or may have
under Section 1542 of the Civil Code of the State of California or any similar provision of the
statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may
lawfully waive all such rights and benefits pertaining to the subject matter of this Section 214.
5. Definitions.
a. As used in this Agreement, the term `Environmental Response
Actions" means any and all activities, data compilations, preparation of studies or reports,
interaction with environmental regulatory agencies, obligations and undertakings associated with
environmental investigations, removal activities, remediation activities or responses to inquiries
and notice letters, as may be sought, initiated or required in connection with any local, state or
federal governmental or private party claims, including any claims by the Developer.
b. As used in this Agreement, the term `Environmental Response
Costs" means any and all costs associated with Environmental Response Actions including,
without limitation, any and all fines, penalties and damages.
C. As used in this Agreement, the term "Hazardous Materials" means
any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous
material," "hazardous substance," "extremely hazardous waste," or "restricted hazardous waste"
under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls;
(5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of
the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321)or listed pursuant
to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous
substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et
seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9)
determined by California, federal or local governmental authority to be capable of posing a risk
of injury to health, safety or property.
6. Materiality. The Developer acknowledges and agrees that the defense,
indemnification, protection and hold harmless obligations of the Developer for the benefit of the
Agency set forth in this Agreement are a material element of the consideration to the Agency for
the performance of its obligations under this Agreement, and that the Agency would not have
entered this Agreement unless the Developer's obligations were as provided for herein.
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7. Right to Contest. Developer may contest in good faith any claim, demand,
levy or assessment under Hazardous Materials Laws if. (a) the contest is based on a material
question of law or fact raised by Developer in good faith, (b) Developer promptly commences
and thereafter diligently pursues the contest, (c) the contest will not materially impair the taking
of any remedial action with respect to such claim, demand, levy or assessment, and (d) if
requested by Agency, Developer deposits with Agency any funds or other forms of assurance
Agency in good faith from time to time determines appropriate to protect Agency in good faith
from the consequences of the contest being unsuccessful and any remedial action then
reasonably necessary. No default shall be deemed to exist with respect to any claim, demand,
levy or attachment being contested by Developer under the conditions of this section.
O. [2151 Preliminary Work by the Developer
Prior to the conveyance of title from the Agency, representatives of the Developer
shall have the right of access to the SFR Site at all reasonable times for the purpose of obtaining
data and making surveys and tests necessary to carry out this Agreement. The Developer shall
indemnify, defend, and hold harmless the Agency and its officers, officials, employees, agents,
and representatives, for any injury or damages arising out of any activity pursuant to this section.
The Developer shall have access to all data and information on the SFR Site available to the
Agency, but without warranty or representation by the Agency as to the completeness,
correctness or validity of such data and information.
Any preliminary work undertaken on the SFR Site by the Developer prior to
conveyance of title thereto shall be done only after written consent of the Agency and at the sole
expense of the Developer. The Developer shall save and protect the Agency against any claims
resulting from such preliminary work, access or use of the SFR Site by Developer, its agents or
contractors. Copies of data, surveys and tests obtained or made by the Developer on the SFR
Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken
only after securing any necessary permits from the appropriate governmental agencies.
P. [2161 Disbursement of Additional Assistance
Agency shall disburse the Additional Assistance in accordance with Attachment
No. 15.
III. [300] DEVELOPMENT OF THE SITE
A. [3011 Development of the SFR Site
[302] Scope of Development
Each of the fifty-nine (59) lots comprising the SFR Site shall be developed with a
single family detached housing unit. Of the 59 housing units, twenty-five (25) units shall be
"Restricted Units," i.e., sold to a Restricted Unit Transferee as defined in Section 401.
The development of the SFR Site shall include all of the onsite private
improvements necessary for the development in accordance with approved plans and permits,
and the additional private improvements and the public improvements identified on Attachment
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No. 15. The improvements to be constructed on the SFR Site pursuant to this Agreement,
whether private improvements or public improvements, are referred to as the "SFR
Improvements".
Upon close of the Escrow, the Developer shall commence and complete
construction of the SFR Improvements for the SFR Site by the respective times established
therefor in the Schedule of Performance (Attachment No. 4).
2. [303] Plans, Drawings, and Related Documents
By the time set forth therefor in the applicable Schedule of Performance
(Attachment No. 4), the Developer shall prepare and submit to the City for its approval all plans,
drawings, and documents for the SFR Development in conformance with the approved Specific
Plan for Village on the Green and all other requirements of the City and which contain the
overall plan for development of the SFR Site in sufficient detail to enable the City to evaluate the
proposal for conformity to the requirements of the La Quinta Municipal Code and this
Agreement. The SFR Site shall be developed as established in this Agreement and such
documents, except as changes may be mutually agreed upon between the Developer and the
Agency; provided that any changes shall be consistent with the material terms of this Agreement.
The landscaping and finish grading plans, if any finish grading plans are required
by the City, shall be prepared by a professional landscape architect or registered civil engineer
who may be the same firm as the Developer's architect or civil engineer.
During the preparation of all drawings and plans, staff of the City and the Agency
and the Developer shall hold regular progress meetings to coordinate the preparation of,
submission to, and review of drawings, plans and related documents by the City. The staff of
City and the Agency and the Developer shall communicate and consult informally as frequently
as is necessary to insure that the formal submittal of any documents to the Agency can receive
prompt consideration.
3. [304] Review and Approval of Plans, Drawings, and Related Documents
The Agency and the City shall have the right to review and approve all plans and
drawings which may be required by the City with respect to any permits and entitlements which
are required to be obtained to develop the SFR Improvements, including any changes therein.
During each stage of the processing of plans for the SFR Improvements, the
Agency and the City shall have the right to require additional information and shall advise the
Developer if any submittal of plans or drawings is not complete or not in accordance with
City/Agency procedures. If the Agency or the City determines that such a submittal is not
complete or not in accordance with procedures, such tender shall not be deemed to constitute a
submittal for purposes of satisfying the Schedule of Performance (Attachment No. 4); provided,
however, Agency or City, as applicable, shall provide Developer with a detailed written report of
any such deficiency or noncompliance with procedures and Developer shall revise and resubmit
such plans in accordance with the Schedule of Performance and such written report.
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If the Developer desires to make any substantial changes in the construction plans
for the SFR Improvements after their approval by the Agency and the City, the Developer shall
submit the proposed changes to the Agency and the City for their approval. If the construction
plans, as modified by the proposed change, conform to the requirements of this Section 304 and
the Scope of Development (Attachment No. 3), the Agency and the City will approve the
proposed change and notify the Developer in writing within thirty (30) days after submission to
the Agency and the City.
4. [305] Cost of Development
With the exception of the Agency Assistance, all costs for planning, designing,
and constructing the SFR Improvements shall be borne exclusively by the Developer. The
Developer shall also bear all costs related to discharging the duties of the Developer set forth in
this Agreement. The Developer assumes the responsibility to construct, and shall let contracts
for or cause to be constructed, all public improvements required to be constructed by Developer
pursuant to this Agreement. The Developer shall be responsible for all fees associated with the
development of the SFR Site.
5. [306] Construction Schedule
The Developer shall commence and complete the SFR Improvements by the
respective times established therefor in the Schedule of Performance (Attachment No. 4).
6. [307] Indemnity, Bodily Injury and Property Damage Insurance
The Developer shall indemnify, defend, hold harmless the Agency and the City,
and their respective officers, officials, employees, agents, and representatives, from all claims or
suits for, and damages to, property and injuries to persons, including accidental death (including
expert witness fees, attorneys fees, and costs), which may be caused by any of the Developer's
activities under this Agreement.
The Developer shall maintain during the life of this Agreement a
comprehensive liability policy in the amount of Three Million Dollars ($3,000,000) combined
single limit policy, including contractual liability, as shall protect the Developer, the City, and
the Agency from claims for such damages; provided, however, this obligation shall cease upon
the sale of the last Restricted Unit. The policies or appropriate endorsements shall name the
Agency and City and their respective officer, officials, employees, agents, and representatives as
additional insureds.
Coverage shall be "date of occurrence" insurance rather than "claims -made"
insurance, and shall be primary and not contributing with any policy or coverage maintained by
or obtained by the Agency, and appropriate endorsements shall so state. The policy shall contain
a waiver of subrogation. Insurance coverage furnished by the Developer pursuant to this Section
307 shall conform to this Section 307 and shall pertain to all activities on the Site and adjacent
public rights -of -way surrounding the SFR Site and all work on off -site public improvements.
Developer shall furnish or cause to be furnished to the Agency a certificate of
insurance from the insurer evidencing compliance with this Section 307 and providing that the
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insurer shall not change or modify the policy without thirty (30) days' prior written notice to
Agency. In the alternative, Developer may show proof of a certificate of consent to self -insure
issued by the Director of Industrial Relations according to California Labor Code Section 3800.
Developer additionally agrees to and shall indemnify, defend, and hold harmless
the Agency and the City and. their respective officers, officials, employees, agents, and
representatives, harmless from and assume all responsibility for any and all liability or
responsibility for damage, costs, losses, or suit arising in any manner from the approval of this
Agreement or the development and activities conducted by Developer or its agents pursuant to
this Agreement. This obligation and indemnification shall constitute a covenant running with the
land throughout the life of the Redevelopment Plan.
7. [308] City and Other Governmental Agency Permits
Before commencement of construction or development of any buildings,
structures or other works of improvement upon the Site or in connection with any off -site
improvement, the Developer shall, at its own expense, secure or cause to be secured any and all
permits which may be required by the City or any other governmental agent affected by such
construction, development or work. It is understood that the Developer's obligation is to pay all
necessary fees and to timely submit to the City final drawings with final corrections to obtain
building permit; the Agency will, without obligation to incur liability or expense therefor, use its
best efforts to expedite issuance of building permits and certificates of occupancy for
construction that meet the requirements of the City Code.
8. [309] Rights of Access
For purpose of assuring compliance with this Agreement, representatives of the
Agency and the City shall have the right of access to the SFR Site without charges or fees, at
normal business hours during the period of this Agreement for the purposes of this Agreement,
including, but not limited to, the inspection of the work being performed in constructing the
Improvements, so long as they comply with all safety rules. Such representatives of the Agency
or of the City shall be those who are so identified in writing by the Executive Director of the
Agency. The Agency shall hold the Developer harmless from any bodily injury or related
damages arising out of the activities of the Agency and the City as referred to in this Section 309.
9. [310] Local, State and Federal Laws
The Developer shall perform under this Agreement and carry out its performance
under this Agreement, including without limitation the construction of the Improvements, in
conformity with all applicable federal and state laws and local ordinances, including all
applicable federal and state labor standards, as to the SFR Site, provided, however, Developer
and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to
contest any such laws, rules or standards.
10. [311 ] Anti -Discrimination
Pursuant to Section 33435 and 33050 of the California Community
Redevelopment Law, the Developer for itself and its successors and assigns, agrees, that in the
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construction of SFR Improvements on the SFR Site or other performance under this Agreement,
the Developer shall not discriminate against any employee or applicant for employment because
of sex, marital status, race, color, religion, ancestry, or national origin.
11. [312] Taxes and Assessments
After the conveyance of title by Agency to Developers or its assignee, the
Developer shall pay prior to delinquency all real estate taxes and assessments on the SFR Site for
any period subsequent to the conveyance of title and possession, so long as the Developer retains
any ownership interest therein. The Developer shall remove or have removed any levy or
attachment made on the SFR Site or any part thereof, or assure the satisfaction thereof within a
reasonable time but in any event prior to any sale or transfer of all or any portions thereof.
Notwithstanding the above, the Developer shall have the right to contest the validity or amounts
of any tax, assessment, or encumbrance available to the Developer in respect thereto, and
nothing herein shall limit the remedies available to the Developer in respect thereto.
B. [3131 Prohibition Against Transfer of the SFR Site, the Buildings or Structures
Thereon and Assignment of Agreement
Except as to the sale of any single family home to an owner -occupant in
accordance with this Agreement and for financing to construct the SFR Improvements that meets
the requirements of this Agreement, the Developer shall not, except as may be expressly
permitted by this Agreement, without prior approval of the Agency, make any total or partial
sale, transfer, conveyance of, or enter into any assignment or ground lease of or refinance the
whole or any part of the SFR Site or of the buildings or structures on the SFR Site. This
prohibition shall not be deemed to prevent the granting of temporary or permanent easements or
permits to facilitate the development of the SFR Site or to prohibit or restrict the sale of
"Restricted Units" to "Moderate Income Households" (as defined in Section 401) in conformity
with Section 401 of this Agreement.
C. [3141 Right of the Agency to Satisfy Other Liens on the SFR Site After Title
Paccec
After the conveyance of title by Agency and prior to the completion of
construction, and after the Developer has had written notice and has failed after a reasonable
time, but in any event not less than forty-five (45) days, to challenge, cure, adequately bond
against, or satisfy any liens or encumbrances on the SFR Site which are not otherwise permitted
under this Agreement, the Agency shall have the right but no obligation to satisfy any such liens
or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the
validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect
thereto.
D. [3151 Certificate of Completion
Promptly after the completion of the SFR Improvements in conformity with this
Agreement (as determined by the Executive Director of the Agency), upon the written request of
the Developer, the Agency shall furnish the Developer with the Certificate of Completion (in the
form attached hereto as Attachment No. 9) which evidences and determines the satisfactory
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completion of the construction and development pursuant to the provisions and covenants
specified in this Agreement, the Redevelopment Plan and the California Community
Redevelopment Law.
The issuance and recordation of a Certificate of Completion (Attachment No. 9)
with respect to the SFR Improvements shall not supersede, cancel, amend or limit the continued
effectiveness of any obligations relating to the maintenance, or uses, or payment of monies, or
any other obligations, except for the obligation to complete construction of the SFR
Improvements as of the time of the issuance of such applicable certificate in accordance with the
requirements of this Agreement.
The Agency shall not unreasonably withhold the Certificate of Completion. If the
Agency refuses or fails to furnish a Certificate of Completion after written request from the
Developer, the Agency shall, within ten (10) days of the written request, provide the Developer
with a written statement of the reasons the Agency refused or failed to furnish such Certificate of
Completion. The statement shall also contain the Agency's opinion of the action the Developer
must take to obtain the Certificate of Completion.
Upon issuance of a Certificate of Completion (Attachment No. 9) for the SFR
Improvements, construction of such SFR Improvements shall be deemed to have been completed
in conformity with this Agreement.
The issuance of a Certificate of Completion shall not affect the continued
effectiveness of the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8)
recorded pursuant to this Agreement.
The Certificate of Completion (Attachment No. 9) is not a notice of completion as
referred to in Section 3093 of the California Civil Code.
The Certificate of Completion, at Agency's discretion, may be re -titled and
recorded as a "Release of Construction Covenants."
E. (3161 No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases -
Back or Other Financing for Development
Notwithstanding any prohibition in this Agreement, mortgages, deeds of trust,
sales and leases -back or any other form of conveyance required for any reasonable method of
financing are permitted before issuance of a Certificate of Completion but only for the purpose
of securing loans of funds to be used for financing the acquisition of the SFR Site, the
construction of improvements of the SFR Site and any other expenditures necessary and
appropriate to develop the SFR Site under this Agreement. The Developer shall notify the
Agency in advance of any mortgage, deed of trust, sale and lease -back or other form of
conveyance for financing if the Developer proposes to enter into the same before issuance of a
Certificate of Completion. The Developer shall not enter into any such conveyance for financing
without the prior written approval of the Agency, which approval the Agency agrees to give if
any such conveyance is given to a responsible financial or lending institution or other acceptable
person or entity. Such lender shall be deemed approved unless rejected in writing by the Agency
within ten (10) days after notice thereof to the Agency by the Developer. In any event, the
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Developer shall promptly notify the Agency of any mortgage, deed of trust, sale and lease -back
or other financing conveyance, encumbrance or lien that has been created or attached thereto
prior to completion of the construction of the improvements on the SFR Site whether by
voluntary act of the Developer or otherwise. The words "mortgage" and "deed of trust," as used
herein, include all other appropriate modes of financing real estate acquisition, construction and
land development. The Agency agrees to subordinate this Agreement, the SFR Deed of Trust
and the Declaration of Conditions, Covenants and Restrictions to the lien of such mortgage or
deed of trust pursuant to a subordination agreement in form and substance reasonably acceptable
to the holder of the mortgage or deed of trust and the Agency.
F. (3171 Holder Not Obligated to Construct Improvements
. The holder of any mortgage, deed of trust or other security interest authorized by
this Agreement shall in no way be obligated by the provisions of this Agreement to construct or
complete the Improvements or to guarantee such construction or completion, nor shall any
covenant or any other provision in the grant deed for the SFR Site be construed so to obligate
such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any
such holder to devote the SFR Site to any uses or to construct any improvements thereon other
than those uses or improvements provided for or authorized by this Agreement.
G. [3181 Notice of Default to Mortgage, Deed of Trust or Other Security Interest
Holders; Right to Cure
Whenever the Agency shall deliver any notice or demand to the Developer with
respect to any breach or default by the Developer in completion of construction of the SFR
Improvements, the Agency shall at the same time deliver a copy of such notice or demand to
each holder or record of any mortgage, deed of trust or other security interest authorized by this
Agreement who has previously made a written request to the Agency therefor. Each such holder
shall (insofar as the rights of the Agency are concerned) have the right, at its option, within sixty
(60) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any
such default and to add the cost thereof to the security interest debt and the lien on its security
interest. In the event there is more than one such holder, the right to cure or remedy a breach or
default of the Developer under this Section 318 shall be exercised by the holder first in priority
or as the holders may otherwise agree among themselves, but there shall be only one exercise of
such right to cure and remedy a breach or default of the Developer under this Section 318.
Nothing contained in this Agreement shall be deemed to permit or authorize such holder to
undertake or continue the construction or completion of the SFR Improvements (beyond the
extent necessary to conserve or protect the improvements or construction already made) without
first having expressly assumed the Developer's obligations to the Agency by written agreement
satisfactory to the Agency. The holder in that event must agree to complete, in the manner
provided in this Agreement, the SFR Improvements to which the lien or title of such holder
relates and submit evidence satisfactory to the Agency that it has the qualifications and financial
responsibility necessary to perform such obligations. Any such holder properly completing the
SFR Improvements shall be entitled, upon written -request made to the Agency, to a Certificate of
Completion from the Agency.
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H. [319] Failure of Holder to Complete Improvements
In any case where, three (3) months after default by the Developer in completion
of construction of the SFR Improvements under this Agreement, the holder of any mortgage,
deed of trust or other security interest creating a lien or encumbrance upon the SFR Site has not
exercised the option to construct, or if it has exercised the option and has not proceeded
diligently with construction, the Agency may purchase the mortgage, deed of trust or other
security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and
unpaid interest. If the ownership of the SFR Site has vested in the holder, the Agency, if it so
desires, shall be entitled to a conveyance of the SFR Site from the holder to the Agency upon
payment to the holder of an amount equal to the sum of the following:
1. The unpaid mortgage, deed of trust or other security interest debt at the
time title became vested in the holder (less all appropriate credits, including those resulting from
collection and application of rentals and other income received during foreclosure proceedings);
2. All expenses with respect to foreclosure;
3. The net expenses, if any (exclusive of general overhead), incurred by the
holder as a direct result of the subsequent management of the SFR Site;
4. The costs of any authorized improvements made by such holder; and
5. An amount equivalent to the interest that would have accrued on the
aggregate of such amounts had all such amounts become part of the mortgage or deed of trust
debt and such debt had continued in existence to the date of payment by the Agency.
[3201 Right of Agency to Cure Mortgage, Deed of Trust or Other Security
Interest Default
In the event of a default or breach by the Developer of a mortgage, deed of trust
or other security interest with respect to the SFR Site prior to the completion of the SFR
Improvements, and the holder has not exercised its option to complete the SFR Improvements,
the Agency may cure the default prior to completion of any foreclosure. In such event, the
Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred
by the Agency in curing the default. The Agency.shall also be entitled to a lien upon the SFR
Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages,
deeds of trust or other security interests executed for the sole purpose of obtaining funds to
purchase and develop the SFR Site as authorized herein.
IV. [4001 USE OF THE SITE
A. [401 j Affordable Housing
Number of Units.
Developer shall develop the SFR Development consisting of fifty-nine (59)
detached, single-family homes. Of these fifty-nine (59) homes, three (3) are the Phase I model
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0 3' 03
homes and 56 remain to be constructed. Of the fifty-nine (59) homes, twenty-five (25) shall be
Restricted Units as described in, and subject to the terms of this Agreement, including but not
limited to Section 302. Developer shall also develop all on -site improvements in connection
with the construction of the homes and shall be responsible for the development of the other
onsite-site improvements and the off -site public improvements identified in the Scope of
Development (Attachment No. 3) and in the Additional Assistance list set forth in Attachment
No. 15. Developer shall restrict the sale of the Restricted Units pursuant to the applicable
income and affordability provisions contained in this Agreement. The Developer further
covenants and agrees that the above -referenced occupancy, ownership and affordability
requirements pertaining to the Restricted Units shall bind and be enforceable against those
Restricted Unit lots for the period of thirty (30) years commencing with the acquisition of the
SFR Site by the Developer with the simultaneous recording of the Declaration of Conditions,
Covenants and Restrictions (Attachment No. 8). Developer's sale of Unrestricted Units shall be
in accordance with Section VII of the Scope of the Development (Attachment No. 3).
2. Cost of Restricted Units.
The maximum sales prices of the Restricted Units in the SFR Development shall
not exceed the affordability requirements for Moderate Income Households as set forth on the
schedule of Maximum Sales Price Example (Attachment No. 10).
3. Definitions.
a. "Affordability Period" shall be thirty (30) years from the date of
transfer to an Eligible Person or Family.
b. "Eligible Person or Family" shall mean any person or family who
meets the income qualifications for Moderate Income Households.
C. "SFR Affordable Housing Cost" shall be that purchase price which
would result in maximum monthly housing payments including the cost for a thirty (30) year
mortgage for that portion of the purchase price which is to be paid in the form of loan proceeds
under currently prevailing mortgage loan rates or the interest rate of any below -market mortgage
program for which such purchaser has obtained a first trust deed loan, for the moderate income
group calculated pursuant to Health and Safety Code Section 50052.5, which sets forth the
following formula: "Moderate Income Households" shall be households where not less than
twenty-eight percent (28%) of the gross income of the household, nor more than thirty-five
percent (35%) of one hundred ten percent (110%) of area median income adjusted for family size
appropriate for the Restricted Unit, or if the gross income of the household for households
exceeds one hundred ten percent (110%), not more than one hundred twenty percent (120%) of
the area median income adjusted for family size. The SFR Affordable Housing Cost for the
Restricted Units is set forth on the schedule of Maximum Sales Price Example (Attachment No.
10).
d. "Owner" shall mean Developer and any successor in interest of
Developer to any lot in the SFR Site except where a provision of this Agreement expressly
excludes Developer from the definition of owner.
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e. "Proposed Transferee" shall mean a person or family determined to
be an Eligible Person or Family, of Moderate Income Household, to whom the Developer or any
successor Owner desires and proposes to Transfer a Restricted Unit.
f. "Purchase Housing Cost" for an Eligible Person or Family
purchasing a Restricted Unit shall include all of the following associated with that Restricted
Unit, estimated or known as of the date of their proposed sale of the Restricted Unit:
(1) Principal and interest on a fixed rate mortgage loan
including any rehabilitation loans, and any loan insurance fees associated therewith.
property improvements.
(2) Property taxes and assessments.
(3) Fire and casualty insurance covering replacement value of
(4) Any homeowner association fees.
(5) Estimate of utilities cost.
Monthly housing cost of a purchaser shall be an average of estimated costs for the next twelve
(12) months. The sum of (i) through (v), inclusive, shall not exceed the SFR Affordable Housing
Cost.
g. "Restricted Unit" shall have the meaning previously set forth in
this Agreement, which Restricted Unit shall be subject to the restrictions of this Agreement
(including, without limitation, the Declaration of Conditions, Covenants and Restrictions.
(Attachment No. 8).
h. "Sales Price" shall mean all sums paid by a purchaser to a seller
for, or in conjunction with, the acquisition of a Restricted Unit, including the purchase price
designated in any purchase agreement, consideration for personal property and all other costs and
fees paid by the purchaser to or for the benefit of the seller.
i. "Transfer" shall mean any sale, assignment, conveyance, lease or
transfer, voluntary or involuntary, of any interest in a Restricted Unit. Without limiting the
generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy
to a party who does not meet the definition of Eligible Person or Family; (ii) a life estate; (iii)
creation of a joint tenancy interest; (iv) a gift of all or any portion of a Restricted Unit; or (v) any
voluntary conveyance of a Restricted Unit. Transfer shall not include transfer to a spouse in a
dissolution proceeding; however any subsequent Transfer shall be subject to this restriction.
j. "Transferee" shall mean any natural person or entity who obtains
ownership or possessory rights in a Restricted Unit pursuant to a Transfer.
4. Sales of Restricted Units. Developer agrees that Developer shall sell each
Restricted Unit to a Moderate Income Household at an SFR Affordable Housing Cost (the
"Developer Conveyance") and that during the Affordability Period each subsequent resale of a
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Restricted Unit by the then -Owner thereof shall be to Moderate Income Households at an
Affordable Housing Cost. Developer agrees that the Declaration of Conditions, Covenants and
Restrictions (Attachment No. 8) giving effect to the foregoing restriction shall be recorded
against each lot of the Site concurrently with the Acquisition Escrow. Developer agrees to
commence to market each Restricted Unit not later than the completion of construction of each
Restricted Unit. Escrow for a Transfer of a Restricted Unit by Developer to a Transferee shall
not close until after issuance of a certificate of occupancy to be issued by the City building
department for such Restricted Unit.
For purposes of satisfying the requirement that all of the Restricted Units shall be
occupied by Moderate Income Households: (a) an individual or family who qualifies as a
Moderate Income Household at the time he or she first takes title to a Restricted Unit will be
deemed a Moderate Income Household as long as he or she continues to hold title to such
Restricted Unit even though the Moderate Income Household subsequently ceases to meet the
income or other requirements of a Moderate Income Household, and (b) when an Owner (other
than Developer) releases title to a Restricted Unit, such unit will be considered as occupied by a
Moderate Income Household if it is held vacant and available for such occupancy until title is
transferred to another Moderate Income Household, at which time the status of the new Owner
as a Moderate Income Household is to be determined.
5. Restrictions on Transfer by Sale of the Restricted Property or Any
Restricted Unit.
a. For the duration of the Affordability Period, Developer, for itself
and any subsequent Owner, hereby subjects the SFR Site to certain restrictions and limits the
price at which Developer or any other Owner may sell and/or resell a Restricted Unit and the
persons to whom Developer or. any other Owner may sell a Restricted Unit.
b. DEVELOPER AND ANY OTHER OWNER UNDERSTANDS
THAT THE DETERMINATION OF THE SALES PRICE CAN BE MADE ONLY AT THE
TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST
RATES, PROPERTY TAXES AND OTHER FACTORS THAT CANNOT BE ACCURATELY
PREDICTED AND THAT THE SALE PRICE PERMITTED HEREUNDER MAY NOT
INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL
PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. DEVELOPER
AND ANY OTHER OWNER FURTHER ACKNOWLEDGE THAT, AT ALL TIMES IN
SETTING THE SALES PRICE, THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS
AGREEMENT IS TO PROVIDE HOUSING TO MODERATE INCOME HOUSEHOLDS AT
AN AFFORDABLE HOUSING COST. THE SALES PRICE MAY BE LESS THAN OTHER
SIMILAR PROPERTIES WHICH HAVE NO RESTRICTIONS.
Developer's Initials
C. Transfer of a Restricted Unit. Developer and any successor Owner
may transfer a Restricted Unit only in strict accordance with the provisions of this Agreement.
Specifically, during the Affordability Period, Owner may transfer a Restricted Unit (i) only to a
Moderate Income Household and (ii) only if the Purchase Housing Cost does not exceed the SFR
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Affordable Housing Cost for the Moderate Income Households; and (ill) only if the Transfer [as
defined in Section 401.3(i)] has previously been approved in writing by the Agency.
In order to comply with this Subsection 5(c), Developer and any successor Owner
must calculate the SFR Affordable Housing Cost for the Proposed Transferee of the Restricted
Unit in accordance with the definition set forth in Subsection 3(c) of this Section 401. The
owner should contact the Agency housing staff to obtain assistance in determining this
calculation. After calculating the SFR Affordable Housing Cost for the Proposed Transferee, the
Owner must ensure that the sum of the Sales Price and all costs listed in the definition of
Purchase Housing Cost set forth in Subsection 3(0 of Section 401 does not exceed that SFR
Affordable Housing Cost. The Calculation of the Sales Price under this Subsection 5(c) is
illustrated by example in Attachment No. 10 attached hereto.
d. Notwithstanding anything to the contrary in this Section 401, at
close of the Developer Conveyance transferring the Restricted Unit from the Developer to the
Proposed Transferee (the "Initial Owner"), the Initial Owner shall execute a Buyer's Promissory
Note as approved by the Executive Director and Agency Counsel which Buyer Promissory Note
shall be secured by a Buyer Second Deed of Trust. The Buyer's Promissory Note shall be non -
interest bearing. The principal amount shall be equal to the amount of the assistance provided by
the Agency (and by the Developer, if any) to assist the initial owner in the payment of
homeowner's association dues. This principal balance shall not be less than Eight Thousand
Seven Hundred Nineteen Dollars ($8719) per Restricted Unit, the amount of HOA Assistance
referred to in Section 202 of this Agreement and is designed to ensure the affordability
requirements are met as approved by the Executive Director in accordance with the Agency's
affordable housing program policies. The Buyer Promissory Note shall be due and payable
according to its terms including any applicable equity sharing provision. However, should the
Initial Owner transfer the Restricted Unit to a Moderate Income Household at the SFR
Affordable Housing Cost, the Transferee shall assume the existing Buyer Promissory Note and
Buyer Deed of Trust, to run for the balance of the 30-year term, by execution of an assignment
and assumption agreement in the form set forth as Attachment No. 14 of this Agreement,
together with other written documentation satisfactory to the Agency, and the due date of the
Agency Equity pursuant to the Buyer Promissory Note shall be as set forth in the Buyer
Promissory Note so assigned and assumed.
e. The foregoing provisions will apply to every successive Transfer
during the Affordability Period.
6. Process to Complete Transfer by Sale of Restricted Units. Upon the
Transfer by sale of a Restricted Unit, the following procedures shall apply:
a. Notice to City: Owner shall send to the Agency in care of the La
Quinta Housing Department (or its successor), at P.O. Box 1504, La Quinta, California 92253,
the form attached hereto as Attachment No. 12 (Notice of Intent to Transfer") and Attachment
No. 13 ("Request for Approval of Proposed Transferee") fully completed and executed by the
Owner and the Proposed Transferee.
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b. Qualification of Proposed Transferee. No Transfer shall occur
unless and until determination is made based on the Certificate of Proposed Transferee in the
form of Attachment No. 11 attached hereto ("Certificate of Proposed Transferee") and
attachments thereto, that the Proposed Transferee (1) intends to occupy the Restricted Unit as the
Proposed Transferee's principal residence and (ii) is a Moderate Income Household. Each
Proposed Transferee shall submit the Certificate of Proposed Transferee to the Developer
certifying its intent with regard to the occupancy of the Restricted Unit and as to the truth and
accuracy of all information supplied as to the Gross Income (calculated as set forth in 25 Cal.
Code of Regs., Section 6914) of the Proposed Transferee. Developer or subsequent owner shall
certify pursuant to Attachment No. 11 hereof the information provided on the Certificate of
Proposed Transferee pursuant to direction on that Certificate. Developer or subsequent owner
shall be entitled to rely on the information on the Certificate of Proposed Transferee and
attachments thereto in making the determination required by this subsection 6(b) unless the
Developer or subsequent owner has knowledge of, or a reasonable basis for belief as to the
inaccuracy or falsehood of the Certificate of Proposed Transferee.
C. Restricted Unit Sales Price. The Sales Price for the Restricted Unit
shall not exceed the maximum price at which the Purchase Housing Cost to be paid by the
Proposed Transferee would not exceed the SFR Affordable Housing Cost. The calculation of the
Sales Price under this subsection is illustrated by example in Attachment No. 10 attached hereto.
However, in determining the SFR Affordable Housing Cost, the family size of the Proposed
Transferee shall be deemed to be 2 persons in the case of a 1 bedroom, 3 persons for a 2
bedroom, 4 persons for a 3 bedroom, or 5 persons for a 4 bedroom Restricted Unit. If the actual
family size of the Proposed Transferee is larger, then the actual family size shall be used.
d. Certificates from Owner and Proposed Transferee. With respect to
each sale of a Restricted Unit, Developer or subsequent owner shall submit to the Agency, not
later than four (4) weeks prior to close of escrow on the sale of a Restricted Unit, a certificate
that (i) the Developer or subsequent owner has made the affirmative determinations required by
Section 6(b) above and (ii) the Sales Price conforms with Section 6(c) above. The Developer or
subsequent owner shall concurrently submit to the Agency the Certificate of Proposed Transferee
and all attachments thereto and all other documents or material with regard to information
required by Sections 6(a) and/or (b) above, whether or not relied on by the Developer. Further,
the Developer or subsequent owner and Proposed Transferee each shall certify in writing, in a
form acceptable to the Agency, that the Transfer shall be closed in accordance with, and only
with, the terms of the sales contract and other documents submitted to and approved by the
Agency and that all consideration delivered by the Proposed Transferee to Developer or
subsequent owner has been fully disclosed to the Agency. The written certificate shall also
include a provision that, in the event a Transfer is made in violation of the terms of this
Agreement or false or misleading statements are made in any documents or certificate submitted
to the Agency for its approval of the Transfer, the Agency shall have the right to file an action at
law or in equity to seek termination and/or rescission of the sales contract and/or declare the sale
void, notwithstanding the fact that the Transfer may have closed and become final as between
Developer or subsequent owner and its Transferee."- In the event Developer for the initial transfer
or subsequent owner for each following transfer fails to comply with Sections 6(a) or 6(b) above,
any costs, liabilities or obligations incurred by the Developer or subsequent owner and its
Transferee for the return of any monies paid or received or for any costs and legal expenses, shall
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be borne jointly and severally by the Developer and its transferee and such parties shall hold the
City and Agency harmless and reimburse their expenses, legal fees and costs for any action and
City and/or Agency take in enforcing the terms of this Section 401.
C. Execution of Buyer Promissory Note and Buyer Second Deed of
Trust. Notwithstanding anything to the contrary in this Agreement, at close of escrow of the sale
of the Restricted Unit from the Developer to the Buyer, the Buyer shall execute a Buyer
Promissory Note which shall be secured by a Buyer Second Deed of Trust. Said Buyer Second
Deed of Trust shall be subordinate to any mortgage(s) obtained by the Owner for the purpose of
securing funds to be applied to the Sales Price of the Restricted Unit. The Buyer Promissory
Note shall be non -interest bearing. The principal amount of the Buyer Promissory Note shall be
an amount equal to the amount actually given as cash plus the Agency Equity (as defined in the
Buyer Promissory Note) which becomes applicable only in the event that the Buyer fails to sell
the Restricted Unit to find a Moderate Income Household at the then-SFR Affordable Housing
Cost. Agency may, in its sole and absolute discretion,+ approve the sale to a nonqualified buyer
and release the covenants by receiving in addition to the cash amount originally provided the
additional Agency Equity as provided under the terms of the Buyer Promissory Note.
So long as the Transferee is a Moderate Income Household and the Sale of the
Restricted Unit is made at a price which results in Purchase Housing Cost not in excess of the
SFR Affordable Housing Cost, the Transferee shall assume the obligations of the Owner to repay
the Agency Equity by execution of an assumption agreement in the form set forth as Attachment
No. 14 of this Agreement ("Assumption Agreement"), together with other written documentation
satisfactory to the Agency. In the event Agency permits assumption of the note and deed of
trust, and so long as each Transferee from the Owner and each subsequent Owner: (1) is a
Moderate Income Household, (2) acquires the Restricted Unit at an SFR Affordable Housing
Cost, and (3) assumes the obligations of the predecessor Owner as aforesaid; then the Agency
agrees to extend the due date of the Agency Equity pursuant to the Buyer Promissory Note and
the transferring Owner shall not be required to pay the Agency Equity of the Buyer Promissory
Note upon transfer of the Restricted Unit.
The Agency Equity payment requirement is intended as a penalty against the
Owner, to capture a portion of the equity in the Restricted Unit for the benefit of the
Agency/Holder, in the event that the Owner makes a sale of the Restricted Unit to a Buyer that is
not a Moderate Income Household. This equity recapture requirement is intended to be a
cumulative remedy, together with all other remedies available to the Agency/Holder to
compensate for the removal of the affordable housing covenants of the Grant Deed and/or
Declaration of Covenants, Conditions, and Restrictions, and this Agreement on the Restricted
Unit, to compensate the Agency for the administrative costs of operating the housing program of
the Agency and to provide funds to the Agency to further assist low and moderate income
persons in the provision of housing. In the event the equity recapture provisions of the Buyer
Promissory Note are found by a court or administrative agency of competent jurisdiction to be in
contravention of law or administrative regulation, the Applicable Percentage shall be reduced to
the maximum percentage allowable by applicable- law or administrative regulation, or may be
otherwise modified by judicial decree or order so as to comply with applicable law.
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f. Written Consent of Agency Required Before Transfer. Except as
provided herein, during the Affordability Period the Restricted Unit, and any interest therein,
shall not be conveyed by any Transfer except with the express written consent of the Agency,
which consent shall be given only if the Transfer is consistent with the Agency's goal of creating,
preserving, maintaining and protecting housing in the City of La Quinta for Moderate Income
Households and shall be in accordance with the provisions of this Subsection 6. This provision
shall not prohibit the encumbering of title for the sole purpose of securing financing of the
purchase price of the Restricted Unit.
g. Delivery of Documents. Upon the close of the proposed Transfer,
the Owner and Transferee, as applicable, shall provide the Agency with a certified copy of the
recorded documents, a copy of the final sales contract, settlement statement, escrow instructions,
all certificates required by this Subsection 6 and any other documents which the Agency may
request.
7. Covenants of Owner. The Owner of each Restricted Unit by acceptance
of a grant deed to the Restricted Unit covenants and agrees that, at. all times during the
Affordability Period, its Restricted Unit will be continuously occupied by Owner as its principal
residence, and shall not be rented, subleased (except for periods on no more than two (2)
months), or subject to any other business arrangement, whereby consideration shall be paid by
any occupant of a Restricted Unit to the Owner of the Restricted Unit; provided, if the Restricted
Unit is occupied by an Eligible Person or Family, the family members whose income was
considered in determining the eligibility of that family may make monetary contributions toward
the Purchase Housing Costs of the Restricted Unit. Owner agrees that it shall not record or cause
the recordation of any deed of trust (a "Further Encumbrance") securing a note having an original
principal sum which, when added to the sum of the principal amounts) of any notes secured by
any deeds of trust against the Restricted Unit real property and improvements thereon as of the
date of recordation of the Further Encumbrance, exceeds ninety-five percent (95%) of the fair
market value of the Restricted Unit real property and improvements thereon, subject to the
Agency's underwriting criteria.
B. r4021 Uses In Accordance with Redevelopment Plan; Nondiscrimination
The Developer covenants and agrees for itself, its successors, its assigns, and
every successor in interest to the SFR Site or any part thereof that the Developer and such
successors and assignees, shall devote the SFR Site to the uses specified in the Redevelopment
Plan, the Grant Deed (Attachment No. 5), the Declaration of Conditions, Covenants and
Restrictions (Attachment No. 8) and this Agreement for the periods of time specified therein.
The foregoing covenants shall run with the land.
The Developer covenants by and for itself and any successors in interest that there
shall be no discrimination against or segregation of any person or group of persons on account of
race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself
or any person claiming under or though it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
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of tenants, lessees, subtenants, sublessees or vendees of the SFR Site. The foregoing covenants
shall run with the land.
The Developer shall refrain from restricting the rental, sale or lease of the
property on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry
of any person. All such deeds, leases or contracts shall contain or be subject to substantially the
following nondiscrimination or nonsegregation clauses:
l . In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through his
or her heirs, executors, administrators and assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry
in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein
conveyed, nor shall the grantee himself or herself or any person claiming under or though him or
her, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the
land."
2. In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions:
"There shall be no discrimination against or segregation or any person or group of
persons o account of race, color, creed, religion, sex, marital status, ancestry or national origin in
the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or
vendees in the premises herein leased."
3. In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, creed, religion, sex, marital status,
ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the premises, nor shall the transferee himself or herself or any person claiming
under or through him or her, establish or permit any such practice or practices of discrimination
or segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees of the premises."
The covenants established in this Agreement and the deeds of conveyance for the
SFR Site shall, without regard to technical classification and designation, be binding for the
benefit and in favor of the Agency, its successors and assigns, the City and any successor in
interest to the SFR Site, together with any property acquired by the Developer pursuant to this
Agreement, or any part thereof. The covenants against racial discrimination shall remain in
effect in perpetuity.
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C. [4031 Effect of Violation of the Terms and Provisions of this Agreement After
Completion of Construction
The Agency is deemed the beneficiary of the terms and provisions of this
Agreement and of the covenants running with the Jand, for and in its own rights and for the
purposes of protecting the interests of the community and other parties, public or private, in
whose favor and for whose benefit this Agreement and the covenants running with the land have
been provided. The Agreement and the covenants shall run in favor of the Agency, without
regard to whether the Agency has been, remains or is an owner of any land or interest therein in
the SFR Site or in the Project Area. The Agency shall have the right, if this Agreement or
covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits
at law or in equity or other property proceedings to enforce the curing of such breaches to which
it or any other beneficiaries of this Agreement and covenants may be entitled.
D. [4041 Maintenance of the SFR Site
The Developer shall maintain the SFR Improvements on the SFR Site in
conformity with the La Quinta Municipal Code and the requirements of the Declaration of
Conditions, Covenants and Restrictions (Attachment No. 8), and shall keep the SFR Site free
from any graffiti and from any accumulation of debris or waste materials.
The Developer shall also maintain the landscaping required to be planted under
the Scope of Development (Attachment No. 3) in a healthy and attractive condition. If, at any
time, Developer fails to maintain the SFR Site or any portion thereof, and said condition is not
corrected as soon as reasonably possible after written notice from the Agency, either the Agency
or the City may enter the SFR Site or applicable portion thereof to perform the necessary
maintenance thereon and Developer shall pay such costs as are reasonably incurred for such
maintenance plus a 15% administrative fee.
Upon the close of each Developer Conveyance, the Developer's obligations under
this Section 404 with respect to such Restricted Unit or the SFR Site shall be assumed by the
Transferee of such Restricted Unit or SFR Site. This covenant shall run with the land and shall
remain in effect for the term of the Redevelopment Plan.
V. [5001 DEFAULTS AND REMEDIES
A. [501 1 Defaults --General
Subject to the extensions of time set forth in Section 603, failure or delay by
either party to perform any term or provision of this Agreement constitutes a default under this
Agreement. A party claiming a default shall give written notice of default to the other party,
specifying the default complained of and the actions required to correct such default.
Except as otherwise expressly ,provided in Sections 508 and 509 of this
Agreement, the claimant shall not institute proceedings against the other party if the other party
within thirty (30) days from receipt of such notice immediately, with due diligence, commences
to cure, correct or remedy such failure or delay and shall complete such cure, correction or
remedy as soon as reasonably practicable after receipt of such notice.
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B. [502] Legal Actions
[5031 Institution of Legal Actions
In addition to any other rights or remedies and subject to the restrictions in
Section 501, either party may institute legal action to seek specific performance of the terms of
this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or
to obtain any other legal or equitable remedy consistent with the purpose of this Agreement.
Such legal actions must be instituted in the Superior Court of the County of Riverside, State of
California, in an appropriate municipal court in that county, or in the Federal District Court in the
Central District of California.
2. [5041 Applicable Law
The laws of the State of California shall govern the interpretation and
enforcement of this Agreement.
3. [5051 Acceptance of Service of Process
In the event that any legal action is commenced by the Developer against the
Agency, service of process on the Agency shall be made by personal service upon the Executive
Director or in such other manner as may be provided by law.
In the event that any legal action is commenced by the Agency against the
Developer, service of process on the Developer shall be made by personal service upon any
officer or director of the Developer and shall be valid whether made within or without the State
of California or in such other manner as may be provided by law.
C. [5061 Rights and Remedies Are Cumulative
Except as otherwise expressly stated in this Agreement, the rights and remedies of
the parties are cumulative, and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other rights
or remedies for the same default or any other default by the other party.
D. [5071 Inaction Not a Waiver of Default
Any failures or delays by either party in asserting any of its rights and remedies as
to any default shall not operate as a waiver of any default or of any such rights or remedies, or
deprive either such party of its right to institute and maintain any actions or proceedings which it
may deem necessary to protect, assert or enforce any such rights or remedies.
E. [5081 Remedies and Rights of Termination
1. [5091 Defaults
If either party defaults with regard to any of the provisions of this Agreement, the
non -defaulting party shall serve written notice of such default upon the defaulting party. If the
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default is not cured or commenced to be cured by the defaulting party within thirty (30) days
after service of the notice of default (or within such other period as is set forth herein), the
defaulting party shall be entitled to pursue whatever remedies to which such party is entitled
under this Agreement.
2. [5101 Specific Performance
The non -defaulting party, upon expiration of applicable notice and cure periods,
shall be permitted to, but not obligated to, commence an action for specific performance of the
terms of this Agreement. In this regard, Developer specifically acknowledges that Agency is
entering into this Agreement for the purpose of assisting in the redevelopment of the SFR Site
and the provision of affordable housing and not for the purpose of enabling Developer to
speculate in land. Agency shall also have the right to pursue damages for Developer's defaults
but in no event shall Developer be entitled to damages of any kind from Agency, including
damages for economic loss, lost profits, or any other economic or consequential damages of any
kind.
3. (5111 Termination by the Developer
Prior to Agency's conveyance of the SFR Site to Developer, in the event that
Agency is in material default of this Agreement, and any such failure is not be cured within thirty
(30) days, or commenced to be cured within thirty (30) days and thereafter diligently prosecuted
to completion, after written demand by the Developer then, at the option of the Developer, upon
written notice thereof to the Agency, all provisions of this Agreement shall terminate and be of
no further force and effect; thereafter, neither the Agency nor the Developer shall have any
further rights against or liability to the other with respect to this Agreement.
4. (5121 Termination by the Agency
In the event that prior to the close of the Acquisition Escrow:
a. The Developer (or any successor in interest) assigns or attempts to
assign the Agreement or any rights therein or in the SFR Site in violation of this Agreement; or
b. There is a charge in the ownership of the Developer contrary to the
provisions of Section 108 hereof; or
C. The Developer does not submit certificates of insurance,
construction plans, drawings and related documents as required by this Agreement, in the
manner and by the dates respectively provided in this Agreement therefor, and such default or
failure is not be cured within thirty (30 days, or commenced to be cured within thirty (30) days
thereafter diligently prosecuted to completion, after the date of written demand therefor by the
Agency; or
d. The Developer fails' to satisfy the Conditions Precedent to the
Conveyance by the time established therefor in the Schedule of Performance (Attachment No. 4);
or
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C. The Developer is otherwise in material default under this
Agreement and such failure is not cured or commenced to be cured within thirty (30) days of
demand therefor by the Agency;
then, at the option of the Agency, upon such written notice thereof to the Developer as may be
set forth above, this Agreement shall be terminated, and thereafter neither party shall have any
further rights or liability against the other under this Agreement.
F. [5131 Option to Purchase, Reenter and Repossess
The Agency shall have the additional right at its option to purchase, reenter and
take possession of the SFR Site with all improvements thereon, if after conveyance of title to the
individual lots comprising the SFR Site and prior to the issuance of the Certificate of Completion
for the applicable lot, Developer shall:
I. Fail to proceed with the construction of the Improvements as required by
this Agreement (subject to any force majeure delays) for a period of one (1) month after written
notice thereof from the Agency; or
2. Abandon or substantially suspend construction of the improvements for a
period of one (1) month (subject to any force majeure delays under Section 603) after written
notice of such abandonment or suspension from the Agency; or
3. Transfer or suffer any involuntary transfer of the SFR Site or any part
thereof in violation of this Agreement.
Such right to repurchase, reenter and repossess, to the extent provided in this
Agreement, shall be subordinate and subject to and be limited by and shall not defeat, render
invalid or limit:
a. Any mortgage, deed of trust or other security instrument permitted by this
Agreement; or
b. Any rights or interests provided in this Agreement for the protection of the
holder of such mortgages, deeds of trust or other security instruments.
To exercise its right to repurchase, reenter and take possession with respect to a
particular lot, Agency shall pay to the Developer in cash an amount equal to:
(i) The costs and expenses incurred by the Developer for development of the
SFR Site (which have not already been reimbursed), for the construction of the SFR
Improvements existing on the Site at the time of the repurchase, reentry and repossession; less
(ii) Any payment for work that has not been completed by the Developer on
the SFR Site or the SFR Improvements thereon.
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G. 15141 Right of Reverter
The Agency shall have the additional right, at its option, to reenter and take
possession of the SFR Site with all improvements thereon and revert in the AcIency the estate
theretofore conveyed to the Developer, if after conveyance of title to the SFR Site and prior to
issuance of the Certificate of Completion for the lot or lots in question, the Developer shall:
1. Fail to proceed with the construction of the improvements as required by
this Agreement (subject to any force majeure delays) for a period of one (1) month after written
notice of such abandonment or suspension from the Agency subject to any force majeure delays
under Section 603; or
2. Abandon or substantially suspend construction of the improvements for a
period of one (1) month (subject to any force majeure delays) after written notice of such
abandonment or suspension from the Agency; or
3. Transfer or suffer any involuntary transfer of the SFR Site or any part
thereof in violation of this Agreement.
Such right to reenter, repossess and revest to the extent provided in this
Agreement shall be subordinate and subject to and be limited by and shall not defeat, render
invalid or limit:
a. Any mortgage, deed of trust or other security instrument permitted by this
Agreement; or
b. Any rights or interest provided in this Agreement for the protection of the.
holder of such mortgages, deeds of trust or other security instruments.
The grant deed shall contain appropriate reference and provision to give effect to
the Agency's right, as set forth in this Section 516 under specified circumstances prior to the
issuance of the Certificate of Completion, to reenter and take possession of the SFR Site or
individual lots thereof with all improvements thereon and to terminate and revest in the Agency
the estate conveyed to the Developer.
Upon the revesting in the Agency of title to the Site or any part thereof as
provided in this Section 514, the Agency shall, pursuant to its responsibilities under state law,
use its best efforts to resell the SFR Site or part thereof as soon and in such manner as the
Agency shall find feasible and consistent with the objectives of such law and of the
Redevelopment Plan to a, qualified and responsible party or parties (as determined by the
Agency) who will assume the obligation of making or completing the improvements, or such
other improvements in their stead, as shall be satisfactory to the Agency and in accordance with
the uses specified for the SFR Site or part thereof in the Redevelopment Plan. Upon such resale
of the SFR Site, the proceeds thereof shall be applied:
(i) First, to reimburse the Agency on its own behalf or on behalf of the City
for all costs and expenses incurred by the Agency, including, but not limited to, salaries to
personnel in connection with the recapture, management and resale of the SFR Site or part
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thereof (but less any income derived by the Agency from the SFR Site or part thereof in
connection with such management); all taxes, assessments and water and sewer charges with
respect to the SFR Site or part thereof (or, in the event the SFR Site is exempt from taxation or
assessment or such charges during the period of ownership, then such taxes, assessments or
charges as determined by the County assessing official as would have been payable if the SFR
Site were not so exempt); any payments made or necessary to be made to discharge or prevent
from attaching or being made any subsequent encumbrances or liens due to obligations, defaults
or acts of the Developer; any expenditures made or obligations incurred with respect to the
making or completion of the improvements or any part thereof on the SFR Site or part thereof,
and any amounts otherwise owing the Agency by the Developer; and
(ii) Second, to reimburse the Developer up to the amount equal to the sum of -
(a) the Purchase Price paid to the Agency by the Developer for the Site (or allocable to the part
thereof); plus (b) the costs and expenses incurred by the Developer for the development of the
SFR Site and for construction of the SFR Improvements existing on the SFR Site at the time of
the reentry and repossession; less (c) any payments for work that has not been completed by the
Developer on the SFR Site or the SFR Improvements.
Any balance remaining after such reimbursements shall be retained by the
Agency as its property.
To the extent that the rights established in this Section 516 involve a forfeiture, it
must be strictly interpreted against the Agency, the party for whose benefit it is created. The
rights established in this Section 516 are to be interpreted in light of the fact that the Agency will
convey the SFR Site to the Developer for development and not for speculation.
VI. [6001 GENERAL PROVISIONS
A. [6011 Notices, Demands and Communications Between Parties
Written notices, demands and communications between the Agency and the
Developer shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -
day or overnight messenger service that provides a receipt showing date and time of delivery, or
(iii) dispatched by registered or certified mail, postage prepaid, return receipt requested, to the
principal offices of the Agency and the Developer at the addresses specified in Section 105 and
106, respectively. Such written notices, demands and communications may be sent in the same
manner to such other addresses as either party may from time to time designate by mail as
provided in this Section 601.
Any written notice, demand, or communication shall be deemed received
immediately if delivered by hand or delivered by messenger in accordance with the preceding
paragraph, and shall be deemed received on the fifth (5th) day from the date it is postmarked if
delivered by registered or certified mail in accordance with the preceding paragraph.
B. [6021 Conflicts of Interest
No member, officer, official, or employee of the Agency shall have any personal
interest, direct or indirect, in this Agreement, nor shall any member, official or employee
394/015610-0002 051,
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participate in any decision relating to the Agreement which affects his personal interests or the
interests of any corporation, partnership or association in which he is directly or indirectly
interested.
C. [6031 Enforced Delay; Extension of Times of Performance
In addition to specific provisions of this Agreement, performance by either party
hereunder shall not be deemed to be in default, and all performance and other date specified in
this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes;
lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy;
epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor,
materials or tools; delays of any contractor; subcontractor or supplier; acts or omissions of the
other party; acts or failures to act of the City of La Quinta as the Agency or any other public or
governmental agency or entity (other than the acts or failures to act of the Agency which shall
not excuse performance by the Agency); or any other causes beyond the control or without the
default of the party claiming an extension of time to perform. Notwithstanding anything to the
contrary in this Agreement, an extension of time for any such cause shall be for the period of the
enforced delay and shall commence to run from the time of the commencement of the cause, if
notice by the party claiming such extension is sent to the other party within thirty (30) days of
the commencement of the cause. Times of performance under this Agreement may also be
extended in writing by the mutual agreement of Agency and Developer.
Notwithstanding the foregoing portion of this Section 603, the Developer is not
entitled pursuant to this Section 603 to an extension of time to perform because of past, present,
or future difficulty in obtaining suitable construction financing for the development of the SFR
Site, because of economic or market conditions; or because of the physical condition. or
suitability of the Site for the purposes of this Agreement.
D. [6041 Non -Liability of Officials and Employees of the Agency and the Developer
No member, official or employee of the Agency or the City shall be personally
liable to the Developer, or any successor in interest, in the event of any default or breach by the
Agency or the City or for any amount which may become due to the Developer or its successors,
or on any obligations under the terms of this Agreement.
E. r6051 Interpretation; Entire Agreement, Waivers; Counterparts; Attachments
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by reason of the
authorship of this Agreement or any other rule of construction that might otherwise apply.
This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations, or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof.
All waivers of the provisions of this Agreement must be in writing by the
appropriate authorities of the Agency and the Developer, and all amendments hereto must be in
394/015610-0002 -36- U�
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writing by the appropriate authorities of the Agency and the Developer. In any circumstance
where under this Agreement either party is required to approve or disapprove any matter,
approval shall not be unreasonably withheld.
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.
The exhibits and attachments to this Agreement are incorporated herein and made
a part hereof.
F. [6051 No Brokers
Agency and Developer each represent and warrant to the other that it has not
retained any real estate broker, agent, or finder in connection with this Agreement or the
disposition or conveyance of the SFR Site as set forth herein, and each shall indemnify, defend,
and hold harmless the other from and against any claim or lawsuit (including attorneys fees) for
the payment of any real estate commission or finder's or broker's fees arising out of this
Agreement to the extent caused by the acts or omissions of the Agency or Developer as the case
may be.
G. [6061 Amendments to this Agreement
The Developer and the Agency agree to mutually consider reasonable requests for
amendments to this Agreement which may be made by any of the parties hereto, lending
institutions, or bond counsel or financial consultants to the Agency, provided such requests are
consistent with this Agreement and would not substantially alter the basic business terms
included herein. The Agency's Executive Director shall have the authority to approve, on behalf
of the Agency, amendments to this Agreement that would not substantially alter the basic
business terms. All other amendments shall require the action of the Agency Board. All
amendments, including those authorized to be approved by the Agency's Executive Director,
shall be in writing and shall be signed by authorized representatives of Agency and Developer.
[end — signature page and attachments follow]
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IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement
on the respective dates set forth below.
Dated:
ATTEST:
Agency Secretary
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Attorneys for the La Quinta
Redevelopment Agency
Dated:
2000
LA QUINTA REDEVELOPMENT AGENCY,
a public body corporate and politic
By:
Its: Chairman
RGC COURTHOMES, INC., a California
corporation
2000 By:
Its:
By:
Dated , 2000 Its:
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ATTACHMENT NO. 1
SITE MAP
[SEE NEXT PAGE]
/'
055
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[REPLACE THIS PAGE WITH SITE MAP]
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ATTACHMENT NO. 2
LEGAL DESCRIPTION
LOTS 1 THROUGH 12, 19, 41 THROUGH 86, AND LETTERED LOTS A, B, D, E, AND H
THROUGH R, INCLUSIVE, OF TRACT NO. 28601-1, AS SHOWN BY MAP ON FILE IN
BOOK 278, PAGES 86 THROUGH 90 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
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ATTACHMENT NO. 3
SCOPE OF DEVELOPMENT
SINGLE FAMILY HOMES
I. GENERAL SUMMARY
This document outlines general requirements for improvements to the SFR Site, except for
certain additional improvements set forth in Attachment No. 15.
Detailed requirements shall be addressed in the development review process and approval of
specific construction plans and related documents.
II. DEVELOPMENT CONCEPT
The Miraflores project consists of three (3) phases known as Phase I, Phase II, and Phase III.
Phase I has been developed by Catellus and includes three (3) model homes. The development
required by this Agreement is on the SFR Site (see legal description in Attachment No. 2) which
consists of 59 lots comprised of lots in Phases II and III on which Developer shall construed the
single family homes, and the three (3) model homes constructed as part of Phase I. Of the 59
lots, 56 (59 less the 3 model homes) shall be constructed by Developer. Twenty five (25) of the
single family homes (which may include the 3 model homes) shall be sold as affordable units in
conformance with this Agreement.
The SFR Site shall developed and improved by the Developer in accordance with the provision
of this Agreement, subject to all applicable codes, ordinances, and statutes including,
requirements and procedures set forth in the La Quinta Municipal Code, and the Redevelopment
Plan regulations adopted in conjunction with or subsequent to execution of this Agreement.
III. ON -SITE DEVELOPMENT AND IMPROVEMENTS
Developer shall prepare such plans, reports, and studies, and obtain such permits and approvals
as required, including as applicable grading plans, for construction of the project. Plans shall be
prepared by a licensed civil engineer in good standing and subject to the approval of the Director
of Public Works.
Developer shall grant and permit all necessary and appropriate utility easements and rights for
the development of the Site, including but not limited to sanitary sewers, storm drains, water,
electrical power, telecommunications, natural gas, cable television, etc.
IV. LANDSCAPING
Developer shall be responsible for upgrading the Phase I landscaping and to fully landscape
Phases II and III in accordance with a landscape plan approved by the City.
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V. PUBLIC IMPROVEMENTS
Developer shall be responsible for the construction of those public improvements identified in
Attachment No. 15. With respect thereto, Developer shall be responsible for obtaining and
delivering to the City such bonds or other improvement security as City may require in
accordance with applicable law, including but not limited to payment and performance bonds.
VI. DEVELOPMENT STANDARDS
All development on the SFR Site shall conform with the development standards adopted as part
of the Village on the Green Specific Plan.
A. General Project Design
All structures on the Site shall be designed and constructed to be consistent with the
conceptual drawings prepared as part of the development proposal submitted by the Developer.
B. Dwelling Unit Design
The dwelling units shall range in size from a minimum of 1750 square feet to a maximum
of 2100 square feet and include at least three distinct floor plans. There shall be a mix of three
and four bedroom homes. Each of the units shall have an enclosed 2-car garage with direct
access between the garage and the unit in addition to the primary entrance to the unit. Developer
shall be permitted to adjust floor plans and square footages of individual units in accordance with
applicable City codes, regulations, and procedures.
C. Development Process
The developer and its representatives, including its architect and engineer, shall work
with the Agency and City Staff to develop and execute the architectural concept, architectural
drawings, Site plan, tentative tract map, precise plan, grading plan, off -Site improvement plans,
landscaping plans and related plans consistent with the conditions of approval adopted by the
City and Agency and the applicable regulations contained in the La Quinta Municipal Code.
VII. PHASING OF SALE OF UNITS
For every two escrows that close on Unrestricted Units, Developer shall be obligated to close
escrow on at least one Restricted Unit (selling the Restricted Unit in accordance with the
requirements of this Agreement until all of the Restricted Units are sold). For example,
Developer shall be permitted to close escrow on two Unrestricted Units before closing escrow on
a Restricted Unit, but may not close escrow on a third Unrestricted Unit until escrow has closed
on a Restricted Unit. The Parties acknowledge and agree that this covenant and restriction is
designed to insure that Restricted Units are sold in a comparable time frame with the
Unrestricted Units and that Developer does not concentrate marketing efforts solely on the
Unrestricted Units.
394/015610-0002 05
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ATTACHMENT NO. 4
SCHEDULE OF PERFORMANCE
ACTIVITY
TIME FRAME
1.
City and Agency approve this Agreement
August 1, 2000.
2.
Agency and Developer execute Agreement
Within five (5) business days of approval of
and open Escrow.
Agreement by Agency.
3.
Developer submits securities to City Public
Within 15 business days of approval of
Works Department to assume infrastructure
Agreement by Agency.
obligations under City Subdivision
Improvement Agreement Tract 28601-1
dated January 19, 1999
4.
Developer provides evidence of insurance
Within ten (10) days after approval of
to Agency.
Agreement by Agency.
5.
Developer to submit complete set of plans
Within fifteen (15) business days after
to City as necessary for the project.
approval of Agreement by Agency.
6.
Agency and Developer close Escrow on
Within 10 business days after Developer's
Agency's transfer of title to SFR Site to
performance of Item No. 4, but in no event
Developer
later than September 15, 2000, and provided
that Developer has satisfied all of the
Conditions Precedent to Agency's obligation to
close Escrow.
7.
Developer commences pre -sales of
Within three (3) business days after close of
Miraflores Phase II phase homes.
Escrow.
8.
Developer records construction loan for
Not later than one (1) months after close of
Miraflores Phase II construction financing
Escrow.
9.
Developer commences construction on
Within sixty (60) days after close of Escrow.
Miraflores Phase II.
10.
Developer completes construction of
By May 31, 2001.
common area recreation building and pool
11.
Developer commences construction of
On or before July 1, 2001
Miraflores Phase III homes.
12.
Developer receives certificate of occupancy
On or before December 31, 2002
upon final house
060
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13. Developer completes improvements
required under Subdivision Improvement
Agreement.
Not later than sixty (60) days after Developer
receives certificate of occupancy upon final
house
14. Upon completion of construction of all
Within ten (10) days after Agency receipt of
Subdivision Improvement Agreement work
written request from Developer for Certificate
and final housing unit, Agency shall issue a
of Completion pursuant to Section 315 of the
Certificate of Completion for the
Agreement
improvements or shall provide Developer
with a written explanation of reasons why
such a Certificate shall not be issued.
15. Developer receives complete bond
Within 60 days of Certificate of Completion.
exoneration from City and installs all final
monuments
It is understood that the foregoing Schedule is subject to all of the terms and conditions of
the text of the Agreement. The summary of items of performance in the Schedule is not intended
to supercede or modify any more complete description in the text; in the event of any conflict or
inconsistency between this Schedule and text of the Agreement, the text of the Agreement shall
govern.
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ATTACHMENT NO. 5
GRANT DEED
[SEE FOLLOWING PAGE]
n
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
RGC CourtHomes, Inc.
101 Shipyard, Suite G
Newport Beach, California 92663
Attn: Harold Lynch
MAIL TAX STATEMENTS TO:
Same as above
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
undersigned, LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic
("Grantor"), hereby grants to ., a California
("Grantee"), that certain real property in the City of La
Quinta, County of Riverside, State of California described in Exhibit A attached hereto and
incorporated herein, together with any and all buildings and improvements located thereon (the
"Property"), subject to easements and encumbrances, and reservations of record.
Dated: 52000 LA QUINTA REDEVELOPMENT AGENCY,
a public body corporate and politic
By:
Name:
Title:
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061)
329
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On , 2000 before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
LZA
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On , 2000 before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
LN
064
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ATTACHMENT 6
SINGLE FAMILY DEVELOPMENT
PROMISSORY NOTE
FORM OF DEVELOPER PROMISSORY NOTE SECURED BY DEED OF TRUST
[SEE FOLLOWING PAGES]
065
002
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96055.03 a07/24/00
PROMISSORY NOTE
Note Amount: $ 4,845,147.00
DATE:
La Quinta, California
On August , 2010 (the "Maturity Date"), for money advanced and value received,
the undersigned (the "Promisor"), promises to pay to the La Quinta Redevelopment Agency (the
"Holder"), or to order at 78-495 Calle Tampico, La Quinta, California 92253, or any other place
designated in a writing submitted by Holder to Promisor, the principal sum of Four Million Eight
Hundred Forty -Five • Thousand One Hundred Forty -Seven Dollars And No Cents
($4,845,147.00), with no interest on the principal amount; provided, however, that the payment
of the principal sum shall be waived and the obligation deemed for all purposes fully satisfied
upon performance by Promisor of considerations and covenants provided in the Affordable
Housing Agreement executed by and between the Promisor and the Holder, dated the same date
as this Developer Promissory Note and executed concurrently herewith (the "Affordable Housing
Agreement"), or upon termination of the Affordable Housing Agreement under its terms. In
addition, pursuant to Section 201(3) of the Affordable Housing Agreement, the principal amount
of this Developer Promissory Note shall be automatically reduced by one -fifty-ninth (1/59) of
the face amount of this Developer Promissory Note upon the close of each escrow for a Unit (as
defined in the Affordable Housing Agreement).
Principal and interest payable under this Developer Promissory Note, if any, shall be paid
in lawful money of the United States of America. There shall be no prepayment of this
Developer Promissory Note permitted.
This Developer Promissory Note is secured by, among other things, the Deed of Trust
and Security Agreement with Assignment of Rents and Agreements dated the same date as this
Developer Promissory Note, executed by Promisor, as trustor, in favor of Holder, as beneficiary
(the "Deed of Trust"), and encumbering the fee interest in the real property described in the Deed
of Trust (the "Land"). The Holder will be entitled to the benefits of the security provided by the
Deed of Trust and will have the right to enforce the covenants and agreements of Promisor
contained in the Deed of Trust and the Affordable Housing Agreement.
If:
(a) Promisor fails to pay when due any sums payable under this Developer
Promissory Note;
(a) an Event of Default (as defined in the Deed of Trust) occurs; or
(a) a default under the Affordable Housing Agreement occurs which is not
cured within the applicable cure period set forth therein;
then Holder, at its sole option, shall have the right to declare all sums owing under this
Developer Promissory Note immediately due and payable. However, if any document related to
this Developer Promissory Note (including, but not limited to, the Affordable Housing
Agreement) provides for the automatic acceleration of payment of sums owing under this
U�0
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33z
Developer Promissory Note, all sums owing shall be automatically due in accordance with the
terms of that document.
Promisor shall pay to Holder all sums owing under this Developer Promissory Note, if
not waived, without deduction, offset, or counterclaim of any kind. The advance of money
evidenced by this Developer Promissory Note and secured by the Deed of Trust shall in no
manner make Holder the partner or joint venturer of Promisor.
If any attorney is engaged by Holder to enforce or construe any provision of this
Developer Promissory Note, the Deed of Trust, the Affordable Housing Agreement or any other
Security Documents (as defined in the Deed of Trust) or as a consequence of any Event of
Default, with or without the filing of any legal action or proceeding, then Promisor shall
immediately pay to Holder on demand all reasonable attorney fees and other costs incurred by
Holder, together with interest.
No previous waiver or failure or delay by Holder in acting with respect to the terms of
this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement shall
constitute a waiver of any breach, default, or failure of condition under this Developer
Promissory Note, the Deed of Trust or the Affordable Housing Agreement. A waiver of any
term of this Developer Promissory Note, the Deed of Trust or the Affordable Housing
Agreement must be made in writing and shall be limited to the express written terms of the
waiver. If there are any inconsistencies between the terms of this Developer Promissory Note
and the terms of the Deed of Trust or the Affordable Housing Agreement, the terms of this
Developer Promissory Note shall prevail.
All notice required or permitted in connection with this Developer Promissory Note shall
be in writing and shall be given at the place and in the manner provided in the Deed of Trust for
the giving of notices.
If this Developer Promissory Note is executed by more than one person or entity as
Promisor, the obligations of each person or entity shall be joint and several. No person or entity
shall be a mere accommodation maker, but each shall be primarily and directly liable. Promisor
waives presentment; demand; notice of dishonor; notice of default or delinquency; notice of
acceleration; notice of protest and nonpayment; notice of costs, expenses, or losses and interest;
notice of interest on interest and late charges; and diligence in taking any action to collect any
sums owing under this Developer Promissory Note or in proceeding against any of the rights or
interests to properties securing payment of this Developer Promissory Note. Time is of the
essence with respect to every provision of this Developer Promissory Note. This Developer
Promissory Note shall be construed and enforced in accordance with the laws of the State of
California, except to the extent that Federal law preempts state law, and all persons and entities
in any manner obligated under this Developer Promissory Note consent to the jurisdiction of any
Federal or State Court within California having proper venue and also consent to service of
process by any means authorized by California or Federal law.
Promisor shall not be personally liable for the payment of the indebtedness or any
obligations evidenced by this Developer Promissory Note or the Affordable Housing Agreement,
and any judgment or decree in any action brought to enforce the obligation of Promisor to pay
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the indebtedness shall be enforceable against Promisor and the partners of the Promisor, if any,
only to the extent of Promisor's interest in the Land and any other collateral pledged,
encumbered, or otherwise covered by the Deed of Trust. Any judgment or decree shall not be
subject to execution, or be a lien, on the assets of Promisor and the partners of the Promisor, if
any, other than Promisor's interest in the Land and any other collateral pledged, encumbered, or
otherwise covered by the Deed of Trust.
Nothing in the preceding paragraph shall affect or limit the rights of Holder to enforce
any of Holder's rights or remedies with respect to any portion of the Land or any other collateral
pledged, encumbered, or otherwise covered by the Deed of Trust.
,a
California corporation
By:
Its:
By:
Its:
394/015610_0002 06 134
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ATTACHMENT NO. 7
FORM OF DEED OF TRUST
[See following pages]
066
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335
Recording Requested By
And When Recorded Mail To:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attention: Executive Director
Exempt from Recording Fee Per Gov. Code § 6103
DEED OF TRUST AND SECURITY AGREEMENT,
WITH ASSIGNMENT OF RENTS AND AGREEMENTS
NOTICE: THIS DEED OF TRUST AND SECURITY AGREEMENT, WITH
ASSIGNMENT OF RENTS AND AGREEMENTS CONTAINS A
SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY
INTEREST IN THE LAND BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT
DEED OF TRUST AND SECURITY AGREEMENT,
WITH ASSIGNMENT OF RENTS AND AGREEMENTS
This Deed of Trust, Security Agreement, and Fixture Filing with Assignment of Rents
and Agreements (the "Deed of Trust") is made as of , 2000 by
, a California (the "Trustor"), to First
American Title Insurance Company (the "Trustee"), for the benefit of the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Beneficiary").
WITNESSETH:
Trustor does irrevocably grant, transfer, and assign to Trustee, in trust, with power of
sale, all Trustor's right, title, and interest now owned or later acquired in the fee interest in the
real property (the "Land") located in the City of La Quinta, County of Riverside, California, and
more particularly described in attached Exhibit A, attached hereto and incorporated herein by
reference (Trustor agrees that any greater title to the Land later acquired during the term of this
Deed of Trust will be subject to this Deed of Trust),together with the rents, issues, and profits,
subject however, to the right, power, and authority granted and conferred on Trustor in this Deed
of Trust to collect and apply the rents, issues, and profits; and Trustor also irrevocably grants,
transfers, and assigns to Trustee, in trust, with power of sale, all of Trustor's right, title, and
interest now owned or later acquired to the following property (including the rights or interests
pertaining to the property) located on the Land:
(1) all appurtenances, easements, water and water rights, and pumps and pumping
plants, and all shares of stock evidencing these; all of these items, whether now or later acquired,
{, 394/015610-0002 1 ' io
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being declared to be for all purposes of this Deed of Trust a part of the Land, the specific
enumerations in this Deed of Trust not excluding the general;
(2) the rents, issues, profits, and proceeds thereof; and
(3) the Land to the extent any fee interest is not included in clauses (1) and (2) above.
For the purpose of securing, in the order of priority that Beneficiary determines
(1) repayment of moneys advanced by the Beneficiary to the Trustor (the "Loan") as
evidenced by a Developer Promissory Note of Trustor of the same date as this Deed of Trust in
the principal amount of FOUR MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND
ONE HUNDRED FORTY-SEVEN DOLLARS AND NO CENTS ($4,845,147.00) (the
"Developer Note"), payable to Beneficiary or to order, and all extensions, modifications, or
renewals of that Developer Note;
(2) payment of all sums, if any, due on the Loan according to the terms of the
Developer Note;
(3) payment of all other sums (with interest as provided in this Deed of Trust)
becoming due and payable to Beneficiary or Trustee pursuant to the terms of this Deed of Trust;
and
(4) performance of every obligation contained in this Deed of Trust, the Developer
Note, the Affordable Housing Agreement of the same date as this Deed of Trust entered into by
and between the Trustor and the Beneficiary (the "Affordable Housing Agreement"), and any
agreements, supplemental agreements, or other instruments of security executed by Trustor as of,
the same date of this Deed of Trust for the purpose of further securing any obligation secured by
this Deed of Trust, or any part of it, or for the purpose of supplementing or amending this Deed
of Trust or any instrument secured by this Deed of Trust.
VII.
DEFINITIONS
A. Certain Defined Terms.
Capitalized terms used herein shall have the following meanings unless the context in
which they are used clearly requires otherwise.
Collateral: The Collateral as defined in Section 9.1 of this Deed of Trust.
Default Rate: The maximum rate of interest authorized under the laws of the State of
California.
Event of Default: Any of the events of default listed under Section 8.1 herein.
Loan: The principal and all other amounts, payments, and premiums due, if not waived,
under the Developer Note and any extensions or renewals (including, without limitation,
394/015610-0002 071,
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337
extensions or renewals at a different rate of interest, regardless of whether evidenced by a new or
additional promissory note or notes as agreed to in writing by Trustor), and all other
indebtedness or obligations of Trustor to Beneficiary under or secured by this Deed of Trust.
Hazardous Materials: The meaning set forth in Section 214.5 of the Affordable Housing
Agreement.
Hazardous Materials Claim: Any enforcement, cleanup, removal, remedial, or other
governmental, regulatory, or private actions, agreements, or orders threatened, instituted, or
completed pursuant to any Hazardous Materials Law, together with all claims made by any third
party against Trustor or the Land relating to damage, contribution, cost -recovery compensation,
loss, or injury resulting from the presence, release, or discharge of any Hazardous Materials.
Hazardous Materials Law: Those federal, state, or local laws set forth in Section 214.5 of
the Affordable Housing Agreement.
Impositions: All real estate and personal property taxes and other taxes and assessments,
water and sewer rates and charges, and all other governmental charges and any interest or costs
or penalties with respect to those charges, assessments, or taxes, ground rent and charges for any
easement or agreement maintained for the benefit of the Land, general and special, that at any
time may be assessed, levied, imposed, or become a lien on the Land or the rent or income
received from the Land, or any use or occupancy of the Land; and any charges, expenses,
payments, or assessments of any nature, if any, that are or may become a lien on the Land or the
rent or income received from the Land.
Improvements: All buildings, improvements, and appurtenances on the Land, and all
improvements, additions, and replacements of those improvements and other buildings and
improvements, at any time later constructed or placed on the Land.
Land: The real property as located in the City of La Quinta, Riverside County, California
and more particularly described in attached Exhibit A and any fee interest now owned or later
acquired in such property, together with all rights, privileges, hereditaments, tenements, rights of
way, easements and appurtenances of the land.
Material Adverse Change: Any material and adverse change in:
Trustor; or
a. the business or properties or condition (financial or otherwise) of
b. the condition or maintenance of the Land.
Obligations: All of the covenants, promises, and other obligations (other than the Loan)
made or owing by Trustor to or due to Beneficiary under or as set forth in the Deed of Trust.
Person: Any natural person, corporation, firm, association, government, governmental
agency, or any other entity, whether acting in an individual, fiduciary, or other capacity.
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Personalty: Trustor's interest, if any, in all accounts, contract rights, and general
intangibles (specifically including any insurance proceeds and condemnation awards) arising out
of the ownership and maintenance of the Land.
Project: The land and the single family residential project described in the Affordable
Housing Agreement.
Receiver: Any trustee, receiver, custodian, fiscal agent, liquidator, or similar officer.
Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing into the environment, including continuing
migration, of Hazardous Substances that goes into the soil, surface water, or groundwater of the
Land, whether or not caused by, contributed to, permitted by, acquiesced to, or known to Trustor.
Security Documents: This Deed of Trust and all other documents now or later securing
any part of the payment of the Loan or the observance or performance of the Obligations.
Title Policy: The title insurance policy issued by First American Title Insurance
Company to Beneficiary.
Trustor: Collectively, Trustor or any obligor under the Developer Note and the
Affordable Housing Agreement, together with their respective affiliates and their respective
employees, representatives, and agents.
VIII.
WARRANTY OF TITLE
Trustor warrants that:
l . Trustor is the lawful owner of the Land;
2. Trustor shall maintain and preserve the lien of this Deed of Trust until the
Loan has been paid in full or has been waived by the Beneficiary under the provisions of the
Developer Note;
3. Trustor has good, right, and lawful authority to grant the Land as provided
in this Deed of Trust; and
4. Trustor will forever warrant and defend the grant made in this Deed of
Trust against all claims and demands, except as are specifically set forth in this Deed of Trust.
IX.
REPRESENTATIONS AND WARRANTIES
Trustor represents and warrants to Beneficiary that as of the date of this Deed of Trust:
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A. Organization of the Trustor.
1. Trustor is a duly organized , validly existing, and in
good standing under the laws of the State of California and is qualified to do business in
California.
2. Trustor has the requisite power and authority to own and maintain its
properties, to carry on its business as now being conducted, and to own, maintain and lease the
Land.
B. Validity of Security Documents.
1. The execution, delivery, and performance by the Trustor of the Security
Documents and the borrowings evidenced by the Developer Note:
a. are within the power of the Trustor;
b. have been duly authorized by all requisite corporate or partnership
actions, as appropriate;
C. have received all necessary governmental approval; and
d. will not violate any provision of law, any order of any court or
agency of government, the charter documents of the Trustor, or any indenture, agreement, or any
other instrument to which the Trustor is a party or by which the Trustor or any of its property is
bound, nor will they conflict with, result in a breach of, or constitute (with due notice and lapse
of time) a default under any indenture, agreement, or other instrument, or result in the creation or
imposition of any lien, charge, or encumbrance of any nature on any of the property or assets of
the Trustor, except as contemplated by the provisions of the Security Documents.
2. Each of the Security Documents, when executed and delivered to
Beneficiary, will constitute a valid obligation, enforceable in accordance with its terms.
3. All information and financial statements with respect to the Trustor
furnished to Beneficiary disclose all liabilities of the Trustor, fixed and contingent, as of their
respective dates.
C. Use of Proceeds of Loan.
Trustor will use the funds or the Land advanced pursuant to the Developer Note for the
purposes set forth in the Affordable Housing Agreement.
D. Other Arrangements.
Trustor is not a party to any agreement or instrument materially and adversely affecting
Trustor's present or proposed business, properties, assets, operation, or condition, financial or
otherwise; and Trustor is not in default in the performance, observance, or fulfillment of any of
the material obligations, covenants, or conditions in any agreement or instrument to which
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Trustor is a party that materially and adversely affect Trustor's present or proposed business,
properties, assets, operation, or condition, financial or otherwise.
E. Litigation.
There is not now pending against Trustor, nor to the knowledge of the Trustor is there
threatened, any action, suit, or proceeding at law or in equity or before any administrative agency
that, if adversely determined, would materially impair or affect:
1. the financial condition or the ability of the Trustor necessary to operate
and maintain and sell the Land and Restricted Units in accordance with the Affordable Housing
Agreement: or
2. the condition of the Land.
F. Other Warranties.
1. The Land is used principally or primarily for purposes designated in the
Affordable Housing Agreement;
2. Trustor is engaged in the development, operation and sale of the
Improvements; and
3. the principal purpose of the Loan is to induce, cause and assist the
development, construction and sale of housing on the Land at affordable costs for moderate
income households in a number of units and for a duration beyond that required by State of
California and federal law.
G. Compliance with Laws.
Except as otherwise provided in this Deed of Trust, the Land and the proposed and actual
use of the Land comply in all material respects with all laws, ordinances, rules, and regulations
of all local, regional, county, state, and federal governmental authorities having jurisdiction
(including, but not limited to, the Americans With Disabilities Act), and there is no action or
proceeding pending or, to the knowledge of Trustor after due inquiry, threatened before any
court, quasi-judicial body, or administrative agency at the time of any disbursement by
Beneficiary relating to the validity of the Loan or the proposed or actual use of the Land.
Kq
AFFIRMATIVE COVENANTS
Until the entire Loan has been paid in full or waived, Trustor covenants to and agrees
with Beneficiary as follows:
A. Obligations of Trustor.
Subject to the provisions set forth in the Developer Note, Trustor will pay the Loan and
Trustor will continue to be liable for the payment of the Loan until it has been paid in full or until
96055.03 a07/24/00 ll3
repayment has been waived or forgiven by the Beneficiary under the terms of the Developer
Note.
Trustor:
1. will timely perform all the covenants, agreements, terms, and conditions to
be performed by Trustor:
a. under this Deed of Trust and the Affordable Housing Agreement;
b. as seller under each contract of sale of, for which a contract of sale
has been approved in writing by Beneficiary;
C. as required of Trustor under each document and agreement
constituting one of the Security Documents; and
d. under all other agreements between Trustor and Beneficiary in
accordance with the respective terms of the agreement; and
2. will not cancel, surrender, modify, amend, or permit the cancellation,
surrender, modification, or amendment of any of the previously mentioned agreements or any of
the covenants, agreements, terms, or conditions contained in any of them, except in the ordinary
course of Trustor's business, without the prior written consent, in each case, of Beneficiary which
consent shall not be unreasonably withheld.
B. Insurance.
1. Trustor, at its sole cost and expense, will obtain and maintain or shall
cause to be obtained and maintained public liability insurance covering the Land and the
ownership, use, occupancy, and maintenance of the Land and the Project in accordance with the
Affordable Housing Agreement.
2. Trustor, at its sole cost and expense, but for the mutual benefit of Trustor
and Beneficiary, will maintain during the term of this Deed of Trust other insurance, and in any
amounts, as may from time to time be reasonably required by Beneficiary against other insurable
risks.
3. All policies of insurance required pursuant to this Deed of Trust will be
satisfactory in form and substance to Beneficiary and will be approved by Beneficiary as to
amounts, form, risk coverage, deductibles, insurer, loss payable, and cancellation provisions.
4. Effective on the occurrence of any Event of Default, all of Trustor's right,
title, and interest in all policies of property insurance and any unearned premiums paid are
assigned to Beneficiary, who may assign them to any purchaser of the Land at any foreclosure
sale.
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342
C. Maintenance, Waste, and Repair.
Trustor will maintain the Land now or later existing in good and tenantable repair, and
will not structurally alter any Improvements located thereon without the prior written consent of
Beneficiary, or remove or demolish them in whole or in part, nor will Trustor suffer any waste of
the Land or make any change in the use of the Land that will in any way impair the security of
this Deed of Trust. Trustor will not abandon the Land or leave the Land unprotected, vacant, or
deserted.
D. Impositions.
Trustor will pay prior to delinquency all Impositions that are or that may become a lien
on the Land or are assessed against the Land or its rents, royalties, profits, and income.
E. Compliance with Law.
Trustor will preserve and keep in full force its existence, rights, and powers. Trustor will
promptly and faithfully comply with all present and future laws, ordinances, rules, regulations,
and requirements of every governmental authority or agency and of every board of fire
underwriters (or similar body exercising similar functions) having jurisdiction that may be
applicable to it or to the Land or to the use or manner of occupancy, possession, operation,
maintenance, alteration, or repair of the Land or any part of it.
F. Books and Records.
Trustor will maintain complete books of account and other records reflecting the results
of Trustor's operations maintenance and lease of the Land, in a form satisfactory to Beneficiary,.
and furnish to Beneficiary any information about the financial condition of Trustor, and the sales
and maintenance of the Land as Beneficiary reasonably requests, including, but not limited to,
copies of any reports by independent public accountants submitted to Trustor concerning the
Land. Beneficiary will have the right, at all reasonable times and on reasonable notice, to audit,
at Trustor's sole cost and expense, Trustor's books of account and records relating to the Land, all
of which will be made available to Beneficiary and Beneficiary's representatives for that purpose,
from time to time, on Beneficiary's request.
G. Further Assurances.
Trustor, at Trustor's expense and at any time on the reasonable request of Beneficiary,
will execute, acknowledge, and deliver any additional papers and instruments and any further
assurances of title and will do or cause to be done all further acts and things that may be proper
or reasonably necessary to carry out the purpose of this Deed of Trust and to subject to the liens
any property intended by the terms to be covered and any renewals, additions, substitutions,
replacements, or betterments.
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H. Statement by Trustor.
Trustor, on ten (10) days' written request, will furnish a statement of the amount due or
outstanding on the Developer Note and a statement of any offsets, counterclaims, or defenses to
the payment.
I. Indemnity.
1. If any action or proceeding (whether judicial, regulatory, or
administrative) is threatened or commenced, except an action to foreclose this Deed of Trust or
to collect the Loan:
that affects the Land or any portion of it;
b. for which Beneficiary is a party; or
C. in which it becomes necessary to defend or uphold the lien of this
Deed of Trust;
then all reasonable costs, fees, and expenses incurred by Beneficiary with respect to the action or
proceeding (including, without limitation, reasonable attorney fees and expenses) will; within
thirty (30) days after the submission of bills for the costs to Trustor, be paid directly to the billing
party by Trustor.
2. In addition, Trustor agrees to pay all costs, including, without limitation,
reasonable attorney fees and expenses, incurred by Beneficiary in enforcing the terms of this
Deed of Trust or the Affordable Housing Agreement. Trustor agrees to indemnify and hold
Beneficiary harmless from all liability, loss, damage, or expense (including, without limitation,
reasonable attorney fees) that it may incur under this Deed of Trust, or in connection with the
Loan secured by this Deed of Trust, the enforcement of any of Beneficiary's rights or remedies,
any action taken by Beneficiary under this Deed of Trust, or by reason or in defense of any
claims and demands that may be asserted against Beneficiary arising out of the Collateral, unless
caused by the negligence or willful misconduct of Beneficiary.
J. Reimbursement.
Beneficiary will have the right to declare immediately due any amount paid by it for any
real property tax, stamp tax or assessment.
K. Litigation.
Trustor will promptly give written notice to Beneficiary of any litigation commenced or
threatened affecting Trustor or the Land other than unlawful detainer proceedings brought by
Trustor.
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L. Tax Receipts.
Subject to the provisions of Section 4.4 of this Deed of Trust, Trustor will present to
Beneficiary, within seven (7) days after written demand, bills (that will be receipted from and
after the date receipted bills are obtainable) showing the payment to the extent then due of all
taxes, assessments or any other Imposition that may have become a lien on the Land prior to the
lien of this Deed of Trust.
M. Additional Information.
Trustor will furnish to Beneficiary, within seven (7) days after written request, all
information that Beneficiary may request concerning the performance by Trustor of the
covenants of the Affordable Housing Agreement, and Trustor will permit Beneficiary or its
representatives at all reasonable times to make investigation or examination concerning that
performance.
N. Right of Entry.
Trustor grants to Beneficiary and its agents, employees, consultants, and contractors the
right to enter on the Land, subject to the rights of any tenants of the Project, for the purpose of
making any inspections, reports, tests (including, without limitation, soils borings, groundwater
testing, wells, or soils analysis), inquiries, and reviews that Beneficiary, in its sole and absolute
discretion, deems necessary to assess the then current condition of the Land and compliance with
the Affordable Housing Agreement. Beneficiary will provide Trustor with one (1) Business
Day's notice of the entry. However, Trustor's consent will not be required for entry or for the
performance of tests. All costs, fees, and expenses (including, without limitation, those of
Beneficiary's outside counsel and consultants) incurred by Beneficiary with respect to the
inspections, reports, tests, inquiries, and reviews, together with all related preparation,
consultation, analyses, and review, necessary for compliance with the Security Documents, will
be paid by Trustor to Beneficiary on demand, will accrue interest at the Default Rate until paid,
and will be secured by this Deed of Trust, prior to any right' title, or interest in or claim on the
Land attaching or accruing subsequent to the lien of this Deed of Trust or to which this Deed of
Trust is not subordinated.
XI.
NEGATIVE COVENANTS
Until the entire Loan has been paid in accordance with the terms of the Developer Note,
Trustor covenants to and agrees with Beneficiary as follows:
A. Restrictive Uses.
Trustor covenants not to initiate, join in, or consent to any change in any zoning
ordinance, private restrictive covenant, assessment proceedings, or other public or private
restriction inconsistent with the Affordable Housing Agreement.
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B. Subordination to Other Financing.
This Deed of Trust and all covenants, restrictions or regulatory agreements executed by
Trustor in favor of Beneficiary in connection with the Land are expressly and shall be
automatically subordinated to a deed of trust securing the repayment of construction financing
for the development and construction of the Improvements. Trustor will not create or permit to
continue in existence any mortgage, pledge, encumbrance, lien or charge of any kind on any of
the Land except for:
1. liens for taxes not yet delinquent; and
2. . any other liens or charges that are specifically approved in writing by
Beneficiary, including any deed of trust executed or to be executed by Trustor or Trustor's
successor in interest and recorded in Riverside County, California, to secure a loan obtained for
the purpose of the construction of any improvement on the Land contemplated by the Affordable
Housing Agreement.
C. Transferability.
One of the inducements to Beneficiary for making the Loan is the identity of Trustor. The
existence of any interest in the Land other than the interests of Trustor and Beneficiary and any
encumbrance permitted in this Deed of Trust, even though subordinate to the security interest of
Beneficiary, and the existence of any interest in Trustor other than those of the present owners,
would impair the Land and the security interest of Beneficiary, and, therefore, Trustor will not
sell, convey, assign, transfer, alienate, or otherwise dispose of its interest in the Land, either
voluntarily or by operation of law, or agree to do so, except in accordance with the terms of the
Affordable Housing Agreement.
KM
ENVIRONMENTAL PROVISIONS
A. Warranties and Covenants.
Except as disclosed in writing to, and acknowledged in writing by, the Beneficiary,
Trustor represents and warrants that, to the best of Trustor's knowledge, except in the ordinary
course of business, during the period of Trustor's ownership of the Land:
1. there has been no use, generation, manufacture, storage, treatment,
disposal, discharge, Release, or threatened Release of any Hazardous Materials by any person on
or around the Land; and
2. there have been no Hazardous Materials transported over or through the
Land.
Trustor agrees, except in the ordinary course of business and in strict compliance with all
applicable Hazardous Materials Laws, as follows:
080
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(a) not to cause or permit the Land to be used as a site for the use, generation,
manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any
Hazardous Materials;
3. not to cause, contribute to, permit, or acquiesce in any Release or
threatened Release;
4. not to change or modify the use of the Land without the prior written
consent of Beneficiary;
5. to comply with and to cause the Land and every User of the Land to
comply with all Hazardous Materials Laws;
6. to immediately notify Beneficiary in writing and to provide Beneficiary
with a reasonably detailed description of:
Laws;
a. any noncompliance of the Land with any Hazardous Materials
b. any Hazardous Materials Claim;
C. any Release or threatened Release; and
d. the discovery of any occurrence or condition on any real property
adjoining or in the vicinity of the Land that would cause the Land or any part of it to be
designated as hazardous waste property or border zone property under the provisions of Health
and Safety Code §§ 25220, et seq. and any regulation adopted in accordance with that section;
7. in the event that Trustor discovers a. Release or the presence of any
Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, to:
a. notify Beneficiary of that discovery together with a reasonably
detailed description;
b. promptly after a request by Beneficiary, engage a qualified
environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and
prepare and submit to Beneficiary a written report containing the findings and conclusions
resulting from that investigation, all at the sole expense of Trustor; and
C. take, at Trustor's sole expense, all necessary actions to remedy,
repair, clean up, or detoxify any Release or Hazardous Materials, including, but not limited to,
any remedial action required by any Hazardous Materials Laws or any judgment, consent,
decree, settlement, or compromise in respect of any Hazardous Materials Claims, these actions to
be performed:
(1) in accordance with Hazardous Materials Laws;
(2) in a good and proper manner,
081.
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96055.03 a07/24/00
(3) under the supervision of a qualified environmental engineer
approved in writing by Beneficiary;
(4) in accordance with plans and specifications for these actions
approved in writing by Beneficiary; and
(5) using licensed and insured qualified contractors approved in
writing by Beneficiary;
8. immediately furnish to Beneficiary copies of all written communications
received by Trustor from any governmental authority or other person or given by Trustor to any
person and any other information Beneficiary may reasonably request concerning any Release,
threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on
or about the Land in violation of any Hazardous Materials Law; and
9. keep Beneficiary generally informed regarding any Release, threatened
Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about
the Land in violation of any Hazardous Materials Law.
B. Inspection and Receivership Rights.
Upon Beneficiary's reasonable belief that Trustor has failed to comply with any
environmental provision of this Deed of Trust and upon reasonable prior notice (except in the
case of an emergency) to Trustor, Beneficiary or its representatives, employees, and agents, may
from time to time and at all reasonable times (or at any time in the case of an emergency) enter
and inspect the Land and every part of it (including all samples of building materials, soil, and
groundwater, and all books, records, and files of Trustor relating to the Land) and perform those
acts and things that Beneficiary deems necessary or desirable to inspect, investigate, assess, and
protect security of this Deed of Trust, for the purpose of determining:
1: the existence, location, nature, and magnitude of any Release or threatened
Release;
2. the presence of any Hazardous Materials on or about the Land in violation
of any Hazardous Materials Law; and
3. the compliance by Trustor of every environmental provision of this Deed
of Trust.
In furtherance of the purposes above, without limitation of any of its other rights, Beneficiary
may:
a. obtain a court order to enforce Beneficiary's right to enter and
inspect the Land under California Civil Code § 2929.5, to which the decision of Beneficiary as to
whether there exists a Release, a threatened Release, any Hazardous Materials on or about the
Land in violation of any Hazardous Materials Law, or a breach by Trustor of any environmental
provision of this Deed of Trust, will be deemed reasonable and conclusive as between the
parties; and
U8r'
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b. have a receiver appointed under California Code of Civil
Procedure § 564 to enforce Beneficiary's right to enter and inspect the Land for the purpose set
forth above.
All costs and expenses incurred by Beneficiary with respect to the audits, tests, inspections, and
examinations that Beneficiary or its agents, representatives, or employees may conduct,
including the fees of the engineers, laboratories, contractors, consultants, and attorneys, will be
paid by Trustor. All costs or expenses incurred by Trustee and Beneficiary pursuant to this
subsection (including without limitation court costs, consultant's fees, and attorney fees, whether
incurred in litigation and whether before or after judgment) will bear interest at the Default Rate
from the date they are incurred until those sums have been paid in full. Except as provided by
law, any inspections or tests' made by Beneficiary or its representatives, employees, and agents
will be for Beneficiary's purposes only and will not be construed to create any responsibility or
liability on the part of Beneficiary to Trustor or to any other person. Beneficiary will have the
right, but not the obligation, to communicate with any governmental authority regarding any fact
or reasonable belief of Beneficiary that constitutes or could constitute a breach of any of
Trustor's obligations under any environmental provision contained in this Deed of Trust.
C. Release and Indemnity.
Trustor:
1. releases and waives any future claims against Beneficiary for indemnity or
contribution in the event Trustor becomes liable for cleanup or other costs under any Hazardous
Materials Laws or under any Hazardous Materials Claim, except as otherwise provided in
Sections 214(3) and 214(4) of the Affordable Housing Agreement;
2. agrees to reimburse Beneficiary, on demand, for all costs and expenses
incurred by Beneficiary in connection with any review, approval, consent, or inspection relating
to the environmental provisions in this Deed of Trust together with interest, after demand, in
accordance with Section 214.3 of the Affordable Housing Agreement; and
3. agrees to indemnify, defend, and hold Beneficiary and Trustee harmless
from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court
costs, attorney fees and other legal expenses, costs of evidence of title, cost of evidence of value,
and other expenses as set forth in Section 214.3 of the Affordable Housing Agreement. ,
D. Request for Information.
Trustor and Beneficiary agree that:
1. this Section 6.4 is intended as Beneficiary's written request for information
and Trustor's written response concerning the environmental condition of the Land as provided
by California Code of Civil Procedure § 726.5; and
2. each representation, warranty, covenant, or indemnity made by Trustor in
this Article or in any other provision of this Deed of Trust that relates to the environmental
condition of the Land is intended by Trustor and Beneficiary to be an environmental provision
394/01082
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96055.03 03 a07/24/00 —— `j
for purposes of California Code of Civil Procedure § 736 and will survive the payment of the
Loan and the termination or expiration of this Deed of Trust will not be affected by Beneficiary's
acquisition of any interest in the. Land, whether by full credit bid at foreclosure, deed in lieu of
that, or otherwise. If there is any transfer of any portion of Trustor's interest in the Land, any
successor -in -interest to Trustor agrees by its succession to that interest that the written request
made pursuant to this Article will be deemed remade to the successor -in -interest without any
further or additional action on the part of Beneficiary and that by assuming the debt secured by
this Deed of Trust or by accepting the interest of Trustor subject to the lien of this Deed of Trust,
the successor remakes each of the representations and warranties in this Deed of Trust and agrees
to be bound by each covenant in this Deed of Trust, including, but not limited to, any indemnity
provision.
XIII.
CASUALTIES AND CONDEMNATION
A. Casualties.
1. Trustor will promptly notify Beneficiary in writing after any loss or
damage caused by defect in Trustor's title to the Land and Trustor will furnish to Beneficiary
within ninety (90) days after the loss or damage the following:
a. evidence satisfactory to Beneficiary that such defect is cured; and
b. evidence satisfactory to Beneficiary that sufficient funds are
available or committed for the benefit of Beneficiary, including insurance proceeds, to secure the
repayment of the full amount of the Loan if such repayment is not waived.
Subject to the rights of Trustor's construction and permanent lender(s), all insurance
proceeds shall be applied and used to restore, repair and rebuild the Improvements in accordance
with the provisions of the Affordable Housing Agreement. Any proceeds not used for the repair,
restoration, modification or improvement of the Land or the repayment of the construction or
permanent loan(s) shall be applied, in the sole and absolute discretion of the Beneficiary, against
the Loan.
B. Condemnation.
Trustor, immediately upon obtaining knowledge of the institution of any proceedings for
the condemnation of the Land or any portion of it, will notify Trustee and Beneficiary of the
pendency of the proceedings. Trustee and Beneficiary may participate in any proceedings and
Trustor from time to time will deliver to Beneficiary all instruments requested by Beneficiary to
permit participation. Beneficiary will be under no obligation to question the amount of any
award or compensation. In any condemnation proceedings, Beneficiary may be represented by
counsel selected by Beneficiary. The proceeds of any award or compensation received will be
applied pursuant to the provisions of the construction or permanent loan documents and
provisions of Section 7.1 of this Deed of Trust.
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081
350
XIV.
EVENTS OF DEFAULT AND REMEDIES
A. Events of Default.
The following events are each an Event of Default:
l . Default in the payment of any sum of principal when due and not waived
under the Developer Note which is not cured within the applicable cure period set forth therein;
2. A default under the Affordable Housing Agreement which is not cured
within the applicable cure period set forth therein;
3. The failure (without cure during the applicable period) of the Trustor to
observe, perform, or discharge any obligation, term, covenant, or condition of this Deed of Trust;
4. the sale, hypothecation, conveyance, or other disposition of the Land
except in accordance with Sections 5.2 or 5.3 of this Deed of Trust or the Affordable Housing
Agreement; and
5. Any representation or warranty made by Trustor or any other Person under
this Deed of Trust is false or misleading in any material respect as of the date on which the
representation or warranty was made.
If one or more Events of Default occurs and are continuing, then Beneficiary may declare
all the Loan to be due and the Loan will become due without any further presentment, demand,
protest, or notice of any kind, and Beneficiary may:.
a. in person, by agent, or by a receiver, and without regard to the
adequacy of security, the solvency of Trustor, or the existence of waste, enter on and take
possession of the Land or any part of it in its own name or in the name of Trustee, sue for or
otherwise collect the rents, issues, and profits, and apply them, less costs and expenses of
operation and collection, including reasonable attorney fees, upon the Loan, all in any order that
Beneficiary may determine. The entering on and taking possession of the Land, the collection of
rents, issues, and profits, and the application of them will not cure or waive any default or notice
of default or invalidate any act done pursuant to the notice;
b. commence an action to foreclose this Deed of Trust in the manner
provided by law for the foreclosure of mortgages of real property;
C. deliver to Trustee a written declaration of default and demand for
sale, and a written notice of default and election to cause the Land to be sold, which notice
Trustee or Beneficiary will cause to be filed for record;
d. with respect to any -,Personalty, proceed as to both the real and
personal property in accordance with Beneficiary's rights and remedies in respect of the Land, or
proceed to sell the Personalty separately and without regard to the Land in accordance with
Beneficiary's rights and remedies; or
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e. exercise any of these remedies in combination or any other remedy
at law or in equity.
B. Power of Sale.
1. If Beneficiary elects to foreclose by exercise of the power of sale in this
Deed of Trust, Beneficiary will also deposit with Trustee this Deed of Trust, the Developer Note,
and any receipts and evidence of expenditures made and secured as Trustee may require. If
notice of default has been given as then required by law, and after lapse of the time that may then
be required by law, after recordation of the notice of default, Trustee, without demand on
Trustor, will, after notice of sale having been given as required by law, sell the Land at the time
and place of sale fixed by it in the notice of sale, either as a whole or in separate parcels as
Trustee determines, and in any order that it may determine, at public auction to the highest
bidder. Trustee may postpone sale of all or any portion of the Land by public announcement at
the time and place of sale, and from time to time after that may postpone the sale by public
announcement at the time fixed by the preceding postponement, and without further notice make
the sale at the time fixed by the last postponement; or Trustee may, in its discretion, give a new
notice of sale. Beneficiary may rescind any notice of default at any time before Trustee's sale by
executing a notice of rescission and recording it. The recordation of the notice will constitute a
cancellation of any prior declaration of default and demand for sale and of any acceleration of
maturity of the Loan affected by any prior declaration or notice of default. The exercise by
Beneficiary of the right of rescission will not constitute a waiver of any default then existing or
subsequently occurring, or impair the right of Beneficiary to execute other declarations of default
and demand for sale, or notices of default and of election to cause the Land to be sold, nor
otherwise affect the Developer Note or this Deed of Trust, or any of the rights, obligations, or
remedies of Beneficiary or Trustee. After sale, Trustee will deliver to the purchaser its deed
conveying the property sold, but without any covenant or warranty, express or implied. The
recitals in the deed of any matters or facts will be conclusive proof of their truthfulness. Any
Person, including Trustor, Trustee, or Beneficiary, may purchase at that sale. If allowed by law,
Beneficiary, if it is the purchaser, may turn in the Developer Note at the amount owing on it
toward payment of the purchase price (or for endorsement of the purchase price as a payment on
the Developer Note if the amount owing exceeds the purchase price). Trustor expressly waives
any right of redemption after sale that Trustor may have at the time of sale or that may apply to
the sale.
2. Trustee, upon the sale, will make (without any covenant or warranty,
express or implied), execute and, after due payment made, deliver to a purchaser and its heirs or
assigns a deed or other record of interest, as the case may be, to the Land sold, which will convey
to the purchaser all the title and interest of Trustor in the Land and will apply the proceeds of the
sale in payment:
a. first, of the expenses of the sale together with the expenses of the
trust, including, without limitation, attorney fees, that will become due on any default made by
Trustor, and also any sums that Trustee or Beneficiary have paid for procuring a search of the
title to the Land subsequent to the execution of this Deed of Trust; and
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b. second, in payment of the Loan then remaining unpaid, and the
amount of all other monies with interest in this Deed of Trust agreed or provided to be paid by
Trustor.
Trustee will pay the balance or surplus of the proceeds of sale to Trustor and its
successors or assigns as its interests may appear.
C. Proof of Default.
If there is a sale of the Land, or any part of it, and the execution of a deed for it, the
recital of default and of recording notice of breach and election of sale, and of the elapsing of the
required time between the recording and the following notice, and of the giving of notice of sale,
and of a demand by Beneficiary that the sale should be made, will be conclusive proof of the
default, recording, election, elapsing of time, and the due giving of notice, and that the sale was
regularly and validly made on proper demand by Beneficiary. Any deed with these recitals will
be effectual and conclusive against Trustor, its successors, and assigns, and all other Persons.
The receipt for the purchase money recited or in any deed executed to the purchaser will be
sufficient discharge to the purchaser from all obligations to see to the proper application of the
purchase money.
D. Protection of Security.
If an Event of Default occurs and is continuing, Beneficiary or Trustee, without limitation
to do so, without notice to or demand upon Trustor, and without releasing Trustor from any
obligations or defaults may:
1. enter on the Land in any manner and to any extent that either deems
necessary to protect the security of this Deed of Trust;
2. appear in and defend any action or proceeding purporting to affect, in any
manner, the Obligations or the Loan, the security of this Deed of Trust, or the rights or powers of
Beneficiary or Trustee;
3. pay, purchase, or compromise any encumbrance, charge, or lien that in the
judgment of Beneficiary or Trustee is prior or superior to this Deed of Trust; and
4. pay necessary expenses, employ counsel, and pay reasonable attorney
fees.
Trustor agrees to repay on demand all sums expended by Trustee or Beneficiary pursuant
to this section with interest at the Default Rate, and those sums, with interest, will be secured by
this Deed of Trust.
E. Receiver.
If an Event of Default occurs and is continuing, Beneficiary, as a matter of strict right and
without notice to Trustor or anyone claiming under Trustor and without regard to the then value
of the Land, will have the right to apply ex parte to any court having jurisdiction to appoint a
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Receiver of the Land, and Trustor waives notice of any application for that, provided a hearing to
confirm the appointment with notice to Trustor is set within fourteen (14) days after the
appointment. Any Receiver will have all the powers and duties of receivers in similar cases and
all the powers and duties of Beneficiary in case of entry as provided in this Deed of Trust, and
will continue as such and exercise all those powers until the date of confirmation of sale, unless
the receivership is terminated sooner.
F. Curing the Defaults.
If Trustor at any time fails to perform or comply with any of the terms, covenants, and
conditions required on Trustor's part to be performed and complied with under this Deed of Trust
or the Developer Note, Trustor is required to perform, then Beneficiary, after seven (7) Business
Days' notice to Trustor (or without notice if Beneficiary determines that an emergency exists),
and without waiving or releasing Trustor from any of the Obligations, may, subject to the
provisions of any of the Security Documents:
1. make from its own funds any payments payable by Trustor and take out,
pay for, and maintain any of the insurance policies provided for; and
2. perform any other acts on the part of Trustor to be performed and enter on
the Land for that purpose.
The making by Beneficiary of payments out of Beneficiary's own funds will not,
however, be deemed to cure the default by Trustor, and they will not be cured unless and until
Trustor reimburses Beneficiary for the payments. All sums paid and all reasonable costs and
expenses incurred by Beneficiary in connection with the performance of any act, together with
interest on unpaid balances at the Default Rate from the respective dates of Beneficiary's making
of each payment, will be added to the principal of the Loan, will be secured by the Security
Documents and by the lien of this Deed of Trust, prior to any right, title, or interest in or claim
on the Land attaching or accruing subsequent to the lien of this Deed of Trust, and will be
payable by Trustor to Beneficiary on demand.
G. Inspection Rights.
On reasonable notice (except in the case of an emergency), and without releasing Trustor
from any obligation to cure any default of Trustor, Beneficiary or its agents, representatives, and
employees acting by themselves or through a court -appointed receiver, may, from time to time
and at all reasonable times (or at any time in the case of an emergency) enter and inspect the
Land and every part of it and perform any acts and things as Beneficiary deems necessary or
desirable to inspect, investigate, assess, and protect the security of this Deed of Trust, for the
purpose of determining compliance with covenants and restrictions contained this Deed of Trust.
H. Judgment on Environmental Provision.
Beneficiary or its agents, representatives; and employees may seek a judgment that
Trustor has breached its covenants, representations, or warranties in Article 6 of this Deed of
Trustor any other covenants, representations, or warranties that are deemed to be environmental
provisions pursuant to California Code of Civil Procedure § 736 (each an Environmental
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Provision), by commencing and maintaining an action or actions in any court of competent
jurisdiction pursuant to California Code of Civil Procedure § 736, whether commenced prior to
or after foreclosure of the lien of this Deed of Trust. Beneficiary or its agents, representatives,
and employees may also seek an injunction to cause Trustor to abate any action in violation of
any Environmental Provision and may seek the recovery of all costs, damages, expenses, fees,
penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket
costs or expenses actually incurred by Beneficiary (collectively, "Environmental Costs") incurred
or advanced by Beneficiary relating to the cleanup, remedy, or other response action required by
any Hazardous Materials Law, or any Hazardous Materials Claim, or which Beneficiary believes
necessary to protect the Land. It will be conclusively presumed between Beneficiary and Trustor
that all Environmental Costs incurred or advanced by Beneficiary relating to the cleanup,
remedy, or other response action of or to the Land were made by Beneficiary in good faith. All
Environmental Costs incurred by Beneficiary under this subsection (including, without
limitation, court costs, consultant fees, and reasonable attorney fees, whether incurred in
litigation and whether before or after judgment) will bear interest at the legal rate from the date
of expenditure until those sums have been paid in full. Beneficiary will be entitled to bid, at any
trustee's or foreclosure sale of the Land, the amount of the costs, expenses, and interest in
addition to the amount of the Loan.
I. Waive Lien.
Beneficiary or its agents, representatives, and employees may waive its lien against the
Land or any portion of it, including the Improvements and the Land, to the extent that the Land is
found to be environmentally impaired in accordance with California Code of Civil Procedure §
726.5, and to exercise all rights and remedies of an unsecured creditor against Trustor and all of
Trustor's assets and property for the recovery of any deficiency and Environmental Costs,
including, but not limited to, seeking an attachment order under California Code of Civil
Procedure § 483.010. As between Beneficiary and Trustor, for purposes of California Code of
Civil Procedure § 726.5, Trustor will have the burden of proving that Trustor or any related party
(or any affiliate or agent of Trustor or any related party) was not in any way negligent in
permitting the Release or threatened Release of the Hazardous Materials.
J. Remedies Cumulative.
All remedies of Beneficiary provided for in this Deed of Trust are cumulative and will be
in addition to all other rights and remedies provided in any other Security Documents or the
Affordable Housing Agreement or provided by law, including any banker's lien and right of
offset. The exercise of any right or remedy by Beneficiary will not in any way constitute a cure
or waiver of default, will not invalidate any act done pursuant to any notice of default, nor will it
prejudice Beneficiary in the exercise of any of its rights unless, in the exercise of those rights,
Beneficiary collects the total amount of the Loan.
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Xv.
SECURITY AGREEMENT
A. Securitv Interest.
The security interest includes all policies of insurance arising out of the ownership of the
Land, and all accounts, contract rights, chattel paper, instruments, general intangibles, and other
obligations of any kind now or later existing, arising out of, or in connection with the ownership
and maintenance of the Land (the "Collateral"). The security interest also includes all rights now
or later existing in all security agreements, leases, and other contracts securing or otherwise
relating to any accounts, contract rights, chattel paper, instruments, general intangibles, or
obligations; all causes of action and recoveries now or later existing for any loss or diminution in
value of the Land; all proceeds of any of the Land; and, to the extent not otherwise included, all
payments under insurance (whether Beneficiary is the loss payee), or any indemnity, warranty, or
guaranty payable by reason of loss or damage to or otherwise with respect to any of the
Collateral.
B. Remedies.
Trustor agrees to execute and deliver on demand, and irrevocably constitutes and
appoints Beneficiary the attorney -in -fact of Trustor to execute, deliver, and file, any security
agreements, financing statements, continuation statements, or other instruments that Beneficiary
may request to impose, perfect, or continue the perfection of the lien or security interest created
by this Deed of Trust. Beneficiary has all rights and remedies, whether at law, in equity, or by
statute that are available to secured creditors. Any disposition may be conducted by an employee
or agent of Beneficiary or Trustee. Any Person, including both Trustor and Beneficiary, will be
eligible to purchase any part or all of the Collateral at any disposition.
C. Expenses.
Expenses of retaking, holding, and preparing for sale, selling, or the like will be borne by
Trustor and will include Beneficiary's and Trustee's attorney fees and legal expenses. Trustor, on
demand of Beneficiary, will assemble the Collateral and make it available to Beneficiary at the
Land, a place deemed to be reasonably convenient to Beneficiary and Trustor. Beneficiary will
give Trustor at least ten (10) days' prior written notice of the time and place of any public sale or
other disposition of the Collateral or of the time of or after which any private sale or any other
intended disposition is to be made. If the notice is sent to Trustor in the manner provided for the
mailing of notices in this Deed of Trust, it is deemed reasonable notice to Trustor.
D. Assignment of Agreements.
1. As security for the Loan, Trustor sells, assigns, transfers, sets over, and
delivers to Beneficiary (subject to the prior rights of any construction or permanent lender(s)) all
of Trustor's right, title, and interest in all agreements, permits, and contracts pertaining to the
ownership and maintenance of the Land, including, but not limited to, environmental impact
reports; negative declarations; map approvals; grading permits; conditional use permits;
applications for all permits; management agreements; all development rights in the Land that
Trustor may now or later acquire (including, without limitation, development rights arising in
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connection with any action by a governmental entity, including, by way of illustration, but not of
limitation, inducement resolutions of county, municipal, or other governmental entities);
agreements with contractors, suppliers, and construction managers; and agreements pertaining to
the transfer of development rights or permitted floor area under applicable laws or ordinances
(collectively, "Agreements"), as they may be amended or otherwise modified from time to time,
including, without limitation, the right of Trustor to terminate any of the Agreements, to perform
under them, and to compel performance and otherwise exercise all remedies under them,
together with the immediate and continuing right to collect and receive all sums that may
become due to Trustor, or which Trustor may now or later become entitled to demand or claim,
arising or issuing out of the Agreements, including, without limitation, claims of Trustor for
damages arising out of breach of or default under any of the Agreements and all rights of Trustor
to receive proceeds of any insurance, indemnity, warranty, or guaranty with respect to any of the
Agreements. However, so long as no Event of Default has occurred and is continuing, Trustor
will have the right under a license granted to collect and retain all sums that may become payable
to Trustor under the Agreements.
2. Trustor covenants and agrees to punctually observe, perform, and
discharge the obligations, terms, covenants, conditions, and warranties to be observed,
performed, and discharged by it under the Agreements. Beneficiary, upon an Event of Default, at
its option and upon written notice to Trustor, will have the right to declare the assignment in this
Section 9.4 to be absolute, and, in addition, Beneficiary will have the complete right then or later
to exercise and enforce all of the rights and remedies provided by law.
3. The acceptance by Beneficiary of the assignment in this Article 9.5, with
all the rights, powers, privileges, and authority granted will not, prior to the exercise of
Beneficiary's right to declare the assignment in this Article 9.4 to be absolute, obligate
Beneficiary to assume any obligations under the Agreements or to take any action under them, or
to expend any money or incur, any expense or perform or discharge any obligation, duty, or
liability under the Agreements, or to assume any obligation or responsibility for the
nonperformance of the provisions by Trustor.
/ I,
ASSIGNMENT OF LEASES AND RENTS
A. Assignment.
Trustor irrevocably assigns to Beneficiary:
1. all of Trustor's right, title, and interest in all leases; licenses; agreements
relating to the management, leasing, or operation of the Land; and other agreements of any kind
relating to the use or occupancy of the Land, whether now existing or entered into after the date
of this Deed of Trust; and
2. the rents, issues, and profits of the Land, including, without limitation, all
amounts payable and all rights and benefits accruing to Trustor under any leases (the
"Payments"), for the purposes and on the terms and conditions below. This is a present and
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absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the
leases and payments is not contingent on, and may be exercised without, possession of the Land.
B. License.
Beneficiary confers on Trustor a license (the "License") to collect and retain the
Payments as they become due until the occurrence of an Event of Default. Upon an Event of
Default, the License will be automatically revoked and Beneficiary may collect and retain the
Payments without notice and without taking possession of the Land. The lessees will have no
right or duty to inquire as to whether any Default has actually occurred or is then existing.
Trustor relieves the lessees from any liability to Trustor by reason of relying on and complying
with any notice or demand by Beneficiary.
C. Effect of Assignment.
The assignment will not impose on Beneficiary any duty to produce rents, issues, or
profits from the Land, or cause Beneficiary to be:
1. a mortgagee -in -possession for any purpose;
2. responsible for performing any of the obligations of the lessor under any
leases; or
3. responsible for any waste committed by lessees or any other parties, any
dangerous or defective condition of the Land, or any negligence in the management, upkeep,
repair, or control of the Land.
Beneficiary will not be liable to Trustor or any other party as a consequence of the
exercise of the rights granted to Beneficiary under this assignment.
D. Section Leasing Covenants.
Trustor covenants and agrees as follows:
1. At Trustor's sole cost to:
a. perform all obligations of the lessor under the any leases and
enforce performance by the lessees of their obligations under such leases;
b. subject to the provisions of Section 10.4(b) below, enforce all
remedies available to Trustor in case of default by the lessees under the leases and prosecute and
defend any action, arbitration, or other controversy relating to the leases or to Trustor's interest in
the leases;
C. exercise diligent, good -faith efforts to keep all portions of the
Land, if applicable, leased at all times and at rental rates set forth in the Affordable Housing
Agreement; and
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d. promptly upon execution, deliver to Beneficiary fully executed
counterpart originals of the leases; and
2. except in compliance with the terms of the Affordable Housing
Agreement, not to enter into, assign, terminate, modify, or amend the terms of, any leases, or to
assign the Payments, or to subordinate the leases to any other deed of trust or encumbrances.
Any attempted action in violation of the provisions of this Section 10.4(b) will be
voidable at Beneficiary's election.
E. Application of Rents.
Beneficiary, in its sole discretion, may apply, or require the application of, all amounts
received pursuant to the assignment to the payment of any one or more of the obligations in any
order that Beneficiary may elect.
F. Remedies.
In addition to any other remedies in this Deed of Trust, Beneficiary will have the
following rights and remedies upon the occurrence of an Event of Default:
1. To receive the Payments and any other amounts arising or accruing under
the leases or from the Land;
2. To collect, sue for, settle, compromise, and give releases for the Payments
and pursue any remedies for the enforcement of the leases or Trustor's rights under the leases;
and
3. To take possession of the Land, and hold, manage, lease, and operate it on
any terms and for any period of time that Beneficiary may deem proper and, either with or
without taking possession of the Land, in its own name, make from time to time all alterations,
renovations, repairs, or replacements that Beneficiary may deem proper.
G. Definitions.
The terms lessor and lessors as used in this Deed of Trust will include all owners,
landlords, licensors, and other parties in a similar position with respect to the leases. The terms
lessee and lessees will include any tenants and licensees and any other parties in a similar
position and will also include any guarantor or other obligors under the leases.
XVII.
MISCELLANEOUS
A. Successor Trustee.
Beneficiary may remove Trustee or any successor trustee at any time and appoint a
successor trustee by recording a written substitution in the county where the Land is located, or
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in any other manner permitted by law. Upon that appointment, all of the powers, rights, and
authority of Trustee will immediately become vested in the successor.
B. No Waiver.
No waiver by Beneficiary of any default or breach by Trustor will be implied from any
omission by Beneficiary to take action on account of that default if the default persists or is
repeated. Also, no express waiver will affect any default other than the default in the waiver and
the waiver will be operative only for the time and to the extent stated. Waivers of any covenant,
term, or condition in this Deed of Trust will not be construed as a waiver of any subsequent
breach of the same covenant, term, or condition. The consent or approval by Beneficiary for any
act by Trustor requiring further consent or approval will not be deemed to waive or render
unnecessary the consent or approval for any subsequent similar act.
C. Abandonment.
Subject to any chattel mortgages, security agreements, or other liens on title that may
exist with the consent of Beneficiary, or any provided for in this Deed of Trust, all Personalty
that upon foreclosure of the Land is owned by Trustor and is used in connection with the
maintenance of the Land will be deemed at Beneficiary's option to have become on that date a
part of the Land and abandoned to Beneficiary in its then condition.
D. Notices .
All notices, advices, demands, requests, consents, statements, satisfactions, waivers,
designations, refusals, confirmations, or denials that may be required or contemplated under this
Deed of Trust for any party to serve on or give to any other will be in writing, and, if not in
writing, will not be deemed to have been given. Also, they must be either personally served or
sent with return receipt requested by registered or certified mail with postage (including
registration or certification charges) prepaid in a securely enclosed and sealed envelope as
follows:
If to Trustor, addressed to:
If to Beneficiary, addressed
to:
E. Survival.
c/o RGC CourtHomes, Inc.
101 Shipyard, Suite G
Newport Beach, C 92663
Attention: Harold Lynch
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attention: Executive Director
The covenants and agreements in this Deed of Trust will bind and inure to the benefit of
Beneficiary and Trustor and their successors and assigns. It is agreed that Beneficiary may assign
to or grant a participation in any one or more lenders, free from any right of counterclaim,
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60
recoupment, or setoff, by Trustor, Beneficiary's rights and obligations in whole or in part under
the Security Documents. Nothing in this Section 11.5 is intended to limit other provisions in any
other Security Documents or in the Affordable Housing Agreement or any recorded document
that by their terms survive the repayment of the Loan or the termination of any Security
Document.
F. Severability.
If any term, provision, covenant, or condition of this Deed of Trust or any application of
it is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in
part, all terms, provisions, covenants, and conditions of this Deed of Trust and all applications of
it not held invalid, void, or unenforceable will continue in full force and will not be affected,
impaired, or invalidated.
G. References to Foreclosure.
References in this Deed of Trust to foreclosure and related phrases are references to the
appropriate procedure in connection with Trustee's private power of sale, any judicial foreclosure
proceeding, and any deed given in lieu of foreclosure.
H. Joinder of Foreclosure.
If Beneficiary holds any other or additional security for the payment of any Loan or
performance of any Obligation, its sale or foreclosure, on any default in the payment or
performance, in Beneficiary's sole discretion, may be prior to, subsequent to, or joined or
otherwise contemporaneous with any sale or foreclosure. In addition to the rights in this Deed of
Trust specifically conferred, Beneficiary, at any time and from time to time, may exercise any
right or remedy now or later given by law to beneficiaries under deeds of trust generally, or to
the holders of any obligations of the kind secured.
I. Rights of Beneficiary and Trustee.
At any time and from time to time, without liability and without notice, and without
releasing or otherwise affecting the liability of any person for payment of any of the Loan:
1. Beneficiary, at its sole discretion and only in writing, may extend the time
for or release any Person now or later liable for payment of any of the Loan, or accept or release
additional security, or subordinate the lien or charge of this Deed of Trust; or
2. Trustee, on written request of Beneficiary and presentation of the
Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust for
endorsement, may reconvey any part of the Land, consent to the making of any map or plat of it,
join in granting any easement on it, or join in any agreement of extension or subordination.
On Beneficiary's written request and surrender of the Developer Note, any additional
notes secured by this.Deed of Trust, and this Deed of Trust to Trustee for cancellation, and on
payment to Trustee of its fees and expenses, Trustee will reconvey without warranty the then
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trust property. The recitals in any reconveyance will be conclusive proof of the truthfulness of
them, and the grantee in any reconveyance may be described as the person legally entitled.
Copies.
Trustor will promptly give to Beneficiary copies of:
1. all notices of violation that Trustor receives from any governmental
agency or authority; and
2. all notices of default that Trustor receives under the Bond Documents.
K. Subordination to Contracts of Sale and Leases.
At the option of Beneficiary, this Deed of Trust will become subject and subordinate, in
whole or in part (but not with respect to priority of entitlement to any insurance proceeds,
damages, awards, or compensation resulting from damage to the Land or condemnation or
exercise of power of eminent domain), to any contracts of sale or any leases of the Land on the
execution by Beneficiary and recording of a unilateral declaration to that effect in the official
records of the county and state where the Land is located. Beneficiary may require the issuance
of any title insurance endorsements to the Title Policy in connection with any subordination that
Beneficiary, in its judgment, determines are appropriate, and Trustor will be obligated to pay any
cost or expense incurred in connection with the issuance.
L. No Merger.
So long as any of the Loan remains unpaid or Beneficiary has any further obligation.
under the Security Documents, unless Beneficiary otherwise consents in writing, the fee estate of
Trustor in the Land or any part of it will not merge, by operation of law or otherwise, with any
leasehold or other estate in the Land or any part of it, but will always be kept separate and
distinct, regardless of the union of the fee estate and the leasehold or other estate in Trustor or
any other Person.
M. Performance by Trustor.
Trustor will faithfully perform every covenant to be performed by Trustor under any lien
or encumbrance, including, without limiting the generality of this Deed of Trust, mortgages,
deeds of trust, leases, declarations or covenants, conditions and restrictions, and other
agreements that affect the Land, in law or in equity, that Beneficiary reasonably believes may be
prior and superior to or on a parity with the lien or charge of this Deed of Trust. A breach of or a
default under any lien or encumbrance that exists after any applicable grace period in the
pertinent instrument has expired without that breach or default having been cured, will constitute
an Event of Default under this Deed of Trust. If Trustor fails to do so, Beneficiary, without
demand or notice and in its sole judgment, may do any things required by Trustor by any of the
provisions in this Deed of Trust and incur and pay expenses in connection with such provisions.
Nothing in this section affects Trustor's obligations pursuant to Sections 5.2 and 5.3 of this Deed
of Trust or limits Beneficiary's rights.
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N. Junior Liens.
Trustor agrees:
1. that as of the date of this Deed of Trust there are no encumbrances to
secure debts junior to this Deed of Trust; and
record.
2. that there are to be none as of the date when this Deed of Trust becomes of
O. Waiver of Statute of Limitations.
The pleading of any statute of limitations as a defense to any obligations secured by this
Deed of Trust is waived, to the fullest extent permissible by law.
P. Charges for Statements.
Trustor agrees to pay Beneficiary's reasonable charge, to the maximum amount permitted
by law, for any statement regarding the obligations secured by this Deed of Trust requested by
Trustor or on its behalf.
Q. Waiver of Marshaling Rights.
1. Trustor, for itself and for all parties claiming through or under Trustor, and
for all parties who may acquire a lien on or interest in the Land, waives all rights to have the
Land or any other property that is now or later may be security for any Obligation ("Other
Land") marshaled on any foreclosure of this Deed of Trust or on a foreclosure of any other
security for any of the Obligations. Beneficiary will have the right to sell, and any court in which
foreclosure proceedings may be brought will have the right to order a sale of, the Land and any
of the Other Land as a whole or in separate parcels, in any order that Beneficiary may designate.
R. Acceptance of Trust; Powers and Duties of Trustee.
Trustee accepts this trust when this Deed of Trust is recorded. From time to time on
written request of Beneficiary and presentation of this Deed of Trust for endorsement, and
without affecting the personal liability of any person for payment of any indebtedness or the
performance of any obligations, Trustee may, without liability and without notice:
1. reconvey all or any part of the Land;
2. consent to the making of any map or plat; and
3. join in any grant of easement, any declaration of covenants, conditions,
and restrictions, any extension agreement, or any agreement subordinating the lien or charge of
this Deed of Trust.
Except as may be required by applicable law, Trustee or Beneficiary may from time to
time apply to any court of competent jurisdiction for aid and direction in the execution of the
394/015610-0002 28f 9
__ Y
96055.03 a07/24/00 363
6A
trust and the enforcement of the rights and remedies available, and may obtain orders or decrees
directing, confirming, or approving acts in the execution of the trust and the enforcement of the
remedies. Trustee has no obligation to notify any party of any pending sale or any action or
proceeding, including, without limitation, actions in which Trustor, Beneficiary, or Trustee will
be a party, unless held or commenced and maintained by Trustee under this Deed of Trust.
Trustee will not be obligated to perform any act required of it under this Deed of Trust unless the
performance of the act is requested in writing and Trustee is reasonably indemnified and held
harmless against any loss, cost, liability, or expense.
S. Releases, Extensions, Modifications, and Additional Security.
Without notice to or the consent, approval, or agreement of any persons or entities having
any interest at any time in the Land or in any manner obligated under the Obligations (the
"Interested Parties"), Beneficiary may, from time to time, release any person or entity from
liability for the payment or performance of any Obligation; take any action or make any
agreement extending the maturity or otherwise altering the terms or increasing the amount of any
Obligation; or accept additional security or release the Land or other security for any Obligation.
None of these actions will release or reduce the personal liability of any of the Interested Parties,
or release or impair the lien of this Deed of Trust, or the priority of it on the Land. However, no
action taken or agreement made by Beneficiary to extend the maturity or otherwise alter the
terms or increase the amount of any Obligation will be binding on Trustor without Trustor's
consent.
T. Reconveyance.
Upon the payment of the Loan and performance of all Obligations, including, without
limitation, Beneficiary's receipt of all sums owing and outstanding under the Developer Note,
unless waived by the Beneficiary under the terms of the Developer Note, Beneficiary will deliver
to Trustee a written request for reconveyance, and will surrender to Trustee for cancellation this
Deed of Trust and any note or instrument evidencing the Loan and the Obligations. However,
Beneficiary will have no obligation to deliver the written request and documents until
Beneficiary has been paid by Trustor, in immediately available funds, all escrow, closing, and
recording costs, the costs of preparing and issuing the reconveyance, and any trustee's or
reconveyance fees. On Trustee's receipt of the written request by Beneficiary and the documents,
Trustee will reconvey, without warranty, the Land or that portion then held. To the extent
permitted by law, the reconveyance may describe the grantee as the person or persons legally
entitled and the recitals of any matters or facts in any reconveyance will be conclusive proof of
the truthfulness of them. Neither Beneficiary nor Trustee will have any duty to determine the
rights of persons claiming to be rightful grantees of any reconveyance. When the Land has been
fully reconveyed, the last reconveyance will operate as a reassignment of all future rents, issues,
and profits of the Land to the person legally entitled.
U. Subrogation.
Beneficiary's rights will be subrogated to the lien of all encumbrances, whether released
of record; paid in whose or in part by Beneficiary pursuant to this Deed of Trust, or by the
proceeds of the Loan secured by this Deed of Trust.
090
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V. Obligations of Trustor Joint and Several.
If more than one person has executed this Deed of Trust as Trustor, the obligations of all
those persons will be joint and several.
W. Rules of Construction.
When the identity of the parties or other circumstances make it appropriate, the singular
number includes the plural.
X. Successors in Interest.
The terms, covenants, and conditions in this Deed of Trust will be binding on and inure to
the benefit of the heirs, successors, and assigns of the parties.
Y. No Offset.
Trustor will pay to Beneficiary all amounts owing, if not waived, under the Developer
Note, this Deed of Trust, or any of the other Obligations without deduction, offset, or
counterclaim of any kind.
Z. Governing Law.
The parties expressly agree that this Deed of Trust (including, without limitation, all
questions regarding permissive rates of interest) will be governed by or construed in accordance
with the laws of the State of California.
AA. Partial Reconveyances .
Upon thirty (30) days' prior written request by Trustor to Beneficiary requesting that a
Unit (as defined in the Affordable Housing Agreement) or any portion of the Land be
reconveyed in connection with the sale of a Unit (as provided in the Affordable Housing
Agreement), Beneficiary shall cause such Unit to be released from the lien of this Deed of Trust
by depositing a request for the partial reconveyance into an escrow opened by or for Trustor in
connection with the sale of each Unit, and the principal amount of the Developer Note shall be
reduced as provided therein.
[end — signature page follows]
365 099
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In Witness Whereof, Trustor has executed this Deed of Trust as of the day and year first
above written.
TRUSTOR:
California
By:
Its:
By:
Its:
a
-00
394/015610-0002 3 I
96055.03 a07/24/00
ass
Exhibit "A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 12, 19, 41 THROUGH 86, AND LETTERED LOTS A, B, D, E, AND H
THROUGH R, INCLUSIVE, OF TRACT NO. 28601-1, AS SHOWN BY MAP ON FILE IN
BOOK 278, PAGES 86 THROUGH 90 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
394/015610-0002 32 367 101.
96055.03 a07/24/00
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 2000 before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
Name:
[SEAL]
394/010` 6 8 1 0
96055.03 03 a07/24/7/24/00 _33_ 3
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2000 before me, a notary public, personally appeared
personally known to me (or 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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
IM
Name:
[SEAL]
960505.03 a07/24/00 34 369 1 J
ATTACHMENT 8
DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR PROPERTY
[SEE FOLLOWING PAGES]
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:)
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attention: Executive Director
(Jpace Above Ior Kecoraer's Use)
(Exempt from Recordation Fee per Gov. Code § 6103)
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
PROPERTY
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR PROPERTY (the "Declaration") is made by and between
(the "Covenantor") and the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" or
"Covenantee") as of the day of , 2000.
RECITALS
A. Covenantor is fee owner of record of that certain real property (the "Property")
located in the City of La Quinta, County of Riverside, State of California legally described in the
attached Exhibit "A", which Property Covenantor acquired from Agency pursuant to a Grant
Deed recorded concurrently herewith. The Property is part of the Miraflores housing project in
the City.
B. This Declaration and the Grant Deed described in Recital A are part of a
redevelopment project described in that certain Affordable Housing Agreement, dated
, 2000, by and between Covenantor and Covenantee. As described in the
Affordable Housing Agreement, the Property includes fifty-nine (59) single family lots, three of
which are already improved with "model homes." Covenantor shall construct single family
homes on other fifty-six (56) lots that are within the Property. Of the fifty-nine (59) homes
developed on the lots, not fewer than twenty-five (25) of the homes developed by Covenantor are
to be sold to buyers that have an income not in excess of 120% of area wide medium income.
C. The Property is within the La Quinta Project Area (the "Project') in the City of La
Quinta and is subject to the provisions of the "Redevelopment Plan" for the Project.
D. The Community Redevelopment Law (California Health and Safety Code 33000
et seq.) provides that a redevelopment agency shall establish covenants running with the land in
furtherance of redevelopment plans.
394/015610-0002 1 1 10 5
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NOW, THEREFORE, THE AGENCY AND THE BUYER AGREE AS FOLLOWS:
Affordable Housing.
Twenty-five (25) of the homes developed on the numbered lots described in
Exhibit "A" are to be sold to moderate income households paying not more than "Affordable
Housing Cost" for the Property as set forth below ("Restricted Units"). The Property has been
made available, in part, with financial assistance provided by the Agency. In consideration of its
financial assistance, the Agency requires that the Restricted Units on the Property be maintained
as an affordable housing resource until thirty (30) years following the date that such Restricted
Unit is first sold to a qualified affordable homebuyer in accordance with the Affordable Housing
Agreement and this Declaration.
2. Affordability Covenants.
Covenantor agrees for itself, and its successors and assigns, and every successor
to Covenantor's interest in the Property, or any part thereof that, as to each numbered lot set
forth in Exhibit "A", the terms of this Declaration shall apply until the date that is thirty (30)
years from the date that such lot is first sold to an Eligible Person or Family (as defined below)
(the "Expiration Date"):
As used herein the following terms shall have the following meanings:
a. "Affordability Period" shall be thirty (30) years from the date of
transfer to an Eligible Person or Family.
b. "Eligible Person or Family" shall mean any person or family who
meets the income qualifications for Moderate Income Households.
C. "Affordable Housing Cost" shall be that purchase price which
would result in maximum monthly housing payments, including for a thirty (30) year mortgage
for that portion of the purchase price which is to be paid in the form of loan proceeds under
currently prevailing mortgage loan rates or the interest rate of any below -market mortgage
program for which such purchaser has obtained a first trust deed loan, for the moderate income
group calculated pursuant to Health and Safety Code Section 50052.5, which sets forth the
following formula: "Moderate Income Households" shall be households where not less than
twenty-eight percent (28%) of the gross income of the household, nor more than thirty-five
percent (35%) of one hundred ten percent (110%) of area median income adjusted for family size
appropriate for the Restricted Unit, or if the gross income of the household for households
exceeds one hundred ten percent (110%), not more than one hundred twenty percent (120%) of
the area median income adjusted for family size. The Affordable Housing Cost for the
Restricted Units is set forth on the schedule of Maximum Sales Price Example attached hereto as
F,xhihit "R"_
d. "Owner" shall mean -Covenantor and any successor in interest of
Covenantor to any numbered lot in Exhibit "A" except where a provision of this Agreement
expressly excludes Developer from the definition of Owner.
394/015610-0002 1 1.I' j 0
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e. "Proposed Transferee" shall mean a person or family determined to
be an Eligible Person or Family, of Moderate Income Household, to whom the Developer or any
successor Owner desires and proposes to Transfer a Restricted Unit.
f. "Purchase Housing Cost" for an Eligible Person or Family
purchasing a Restricted Unit shall include all of the following associated with that Restricted
Unit, estimated or known as of the date of their proposed sale of the Restricted Unit:
(1) Principal and interest on a fixed rate mortgage loan including
any rehabilitation loans, and any loan insurance fees associated therewith.
property improvements.
(2) Property taxes and assessments.
(3) Fire and casualty insurance covering replacement value of
(4) Any homeowner association fees.
(5) Estimate of utilities cost.
Monthly housing cost of a purchaser shall be an average of estimated costs for the next twelve
(12) months. The sum of (i) through (v), inclusive, shall not exceed the Affordable Housing
Cost.
g. "Restricted Unit" shall have the meaning previously set forth in
this Declaration.
h. "Sales Price" shall mean all sums paid by a purchaser to a seller
for, or in conjunction with, the acquisition of a Restricted Unit, including the purchase price
designated in any purchase agreement, consideration for personal property and all other costs and
fees paid by the purchaser to or for the benefit of the seller.
i. "Transfer" shall mean any sale, assignment, conveyance, lease or
transfer, voluntary or involuntary, of any interest in a Restricted Unit. Without limiting the
generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance or intestacy
to a party who does not meet the definition of Eligible Person or Family; (ii) a life estate; (iii)
creation of a joint tenancy interest; (iv) a gift of all or any portion of a Restricted Unit; or, (v) any
voluntary conveyance of a Restricted Unit. Transfer shall not include transfer to a spouse in a
dissolution proceeding; however any subsequent Transfer shall be subject to this restriction.
j. "Transferee" shall mean any natural person or entity who obtains
ownership or possessory rights in a Restricted Unit pursuant to a Transfer.
Notwithstanding the foregoing, this Declaration shall be subordinate to the lien of
a first deed of trust against the Property, and shall not impair the rights of any institution or
lender which is the maker of a loan secured by such first deed of trust, or such lender's assignee
or successor in interest, to exercise its remedies under the deed of trust in the event of default
under the first deed of trust by the Covenantor. Such remedies under the first deed of trust
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include the right of foreclosure or acceptance of a deed or assignment in lieu of foreclosure.
After such foreclosure or acceptance of a deed in lieu of foreclosure, the affordability covenants
and the transfer restrictions set forth in Sections 1, 2, 3 and 7 of this Declaration. as to each
lettered lot covered by this Declaration that is the subject to the foreclosure, shall be forever
terminated and shall have no further effect as to the Property or any transferee thereafter;
provided, however, if the holder of such deed of trust acquired title to the Property pursuant to a
deed or assignment in lieu of foreclosure, said Sections 1, 2 3 and 7 of this Declaration shall
automatically terminate upon such acquisition of title, provided that (i) the Agency has been
given written notice of a default under such first deed of trust; and (ii) the Agency shall not have
cured the default under such first deed of trust within the thirty (30) day period provided in such
notice sent to the Agency. Notwithstanding any other provision hereof, the nondiscrimination
covenants and the maintenance requirements set forth in this Declaration shall remain in full
force and effect as to the Property and any transferee.
3. Transfer of Property
No transfer of the Property shall occur until the Agency determines (a) Developer
is in compliance with the terms of the Affordable Housing Agreement; (b) that the proposed
purchaser of a Restricted Unit intends to occupy the Restricted Unit as the proposed purchaser's
principal residence; (b) that the proposed purchaser of a Restricted Unit is an Eligible Person or
Family; and (c) that the proposed transfer of a Restricted Unit occurs at an "Affordable Housing
Cost" as determined pursuant to the Affordability Restrictions. The Agency shall not be
obligated to approve a transfer of a Restricted Unit until and unless the proposed purchaser has
submitted to the Agency such information and completed such forms as the Agency shall request
to certify the proposed purchaser's intent with respect to its residency of the Restricted Unit and
its gross income, and the proposed purchaser has submitted an affidavit disclosing and certifying
the amount of the proposed purchase price. Prior to conveyance of the Property, each approved
purchaser of a Restricted Unit shall submit to the Agency an executed disclosure statement
which certifies that the purchaser is aware that the purchaser buying may only sell the unit at an
Affordable Housing Cost to an Eligible Person or Family, that the maximum permitted sales
price may be less than fair market value, and that the units must be owner -occupied at all times
and cannot be rented or leased. Covenantee shall cooperate with the Covenantor in providing
such forms to proposed purchasers and in assisting proposed purchaser to prepare such forms and
to provide any required information to the Covenantee in connection with the Covenantor's sale
of such Restricted Unit; provided that the Covenantor shall not be obligated to incur any out-of-
pocket costs in connection therewith, other than employee time dedicated to providing such
assistance.
COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE
AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE
PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE
TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE
PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY
PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE .
LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT
INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL
PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR
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�f4.
108
FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER
PRICE THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS DECLARATION IS TO
PROVIDE HOUSING TO MODERATE INCOME HOUSEHOLDS AT AN AFFORDABLE
HOUSING COST.
The covenant. contained in this Section 3 shall run with the land and shall
automatically terminate and be of no further force or effect upon the Expiration Date.
4. Nondiscrimination Covenants
Covenantor by and for itself, its successors and assigns, and all persons claiming
under or through them that there shall be no discrimination against or segregation of any person
or group of persons on account of race, color, religion, sex, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
Property, nor shall Covenantor itself, or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or
vendees in the Property.
Covenantor and its successors and assigns, shall refrain from restricting the rental
or lease (if permitted by Covenantee) or sale of the Property on the basis of race, color, religion,
sex, marital status, national origin or ancestry of any person. All such deeds, leases, or contracts
shall contain or be subject to substantially the following nondiscrimination or nonsegregation
clauses:
(a) In deeds: "The grantee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns; and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, religion, sex, marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed,
nor shall the grantee himself or herself or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or
vendees in the land herein conveyed. The foregoing covenants shall run with the land."
(b) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators and assigns, and all persons claiming under or through him
or her, and this lease is made and accepted upon and subject to the following conditions:
"There shall be no discrimination against or segregation of any person or group of
persons on account of race, color, religion, sex, marital status, ancestry or national origin in the
leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or
vendees in the premises herein leased."
109
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-5-
(c) In contracts: "There shall be no discrimination against or segregation of,
any person, or group of persons on account of race, color, religion, sex, marital status, ancestry
or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
premises, nor shall the transferee himself of herself, or any person claiming under or through him
or her, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees or
vendees of the premises."
Nothing in this Section 4 shall be construed to authorize the rental or lease of the
Property if such rental or lease is not otherwise permitted. The covenants in this paragraph 4
shall run with the land in perpetuity.
5. Maintenance of Property
Covenantor shall properly maintain the buildings, landscaping and yard areas on
the Property as follows:
(a) No improperly maintained landscaping shall be visible from public rights -
of -way, including:
(1) no lawns with grasses in excess of six (6) inches in height;
(2) no untrimmed hedges;
(3) no trees, shrubbery, lawns, and other plant life dying from lack of
water or other necessary maintenance;
and
(4) no trees and shrubbery grown uncontrolled without proper pruning;
(5) no vegetation so overgrown as to be likely to harbor rats or vermin;
(6) no dead, decayed, or diseased trees, weeds, and other vegetation.
(b) No yard areas shall be left unmaintained, including:
(1) no broken or discarded furniture, appliances, and other household
equipment stored in yard areas for periods exceeding one (1) week;
(2) no packing boxes, lumber, trash, dirt, and other debris stored in
yards for periods exceeding one (1) week in areas visible from public property or neighboring
properties;
(3) no unscreened trash cans, bins, or containers stored for
unreasonable periods in areas visible from public property or neighboring properties; and
(4) no vehicles parked or stored in areas other than approved parking
areas.
110
394/Ol03 a07/ 02
4/ _ ^ 7 A
96055.03 a07/24/00 —6 3 {C.�7,
(c) No buildings may be left in an unmaintained condition, including:
(1) no violations of state law, Uniform Codes, or City ordinances;
(2) no condition that constitutes an unsightly appearance that detracts
from the aesthetics or property value of the subject property or constitutes a private or public
nuisance;
(3) no broken windows or chipped, cracked, or peeling paint; and
(4) no conditions constituting hazards and/or inviting trespassers or
malicious mischief; and
(5) no graffiti.
6. Option to Repurchase and Right of Reverter Incorporated Herein
The Agency's option to repurchase the Property or individual lots thereof, and the
Agency's right of reverter, as set forth in Sections 513 and 514 of the Affordable Housing
Agreement is incorporated herein and made a part hereof.
7. Covenants Do Not Impair Liens
No violation or breach of covenants, conditions, restrictions, provisions, or limitations
contained in this Declaration shall defeat or render invalid or in any way impair the lien or
charge of any mortgage or deed of trust or security instrument.
8. Conflict with Other Laws; Severability.
In the event that any provision of this Declaration is found to be contrary to applicable
law or the Affordability Restrictions, then the contrary provisions of this Declaration shall be
deemed to mean those provisions which are enforceable and consistent with such laws and
policies. The remaining portions of this Declaration shall be deemed modified in a manner
which is consistent with the goals and intent of this Declaration to provide housing at an
affordable housing cost to very low, low, and moderate income households.
Every provision of this Declaration is intended to be severable. In the event any, term or
provision of this Declaration is declared by a court of competent jurisdiction to be unlawful,
invalid or unenforceable for any reason, such determination shall not affect the balance of the
terms and provisions of this Declaration, which terms and provisions shall remain binding and
enforceable.
9. Covenants for Benefit of City and Agency.
All covenants without regard to technical, classification or designation shall be binding
for the benefit of the Covenantee and the City of La Quinta (the "City") and such covenants shall
run in favor of the Covenantee and the City for the entire period during which such covenants
shall be in force and effect, without regard to whether the Covenantee or the City is or remains
394/015610-0002 11.
1� 7
96055.03 a07/24/00 -7- 7
an owner of any land or interest therein to which such covenants relate. The Covenantee and the
City, in the event of any breach of any such covenants, shall have the right to exercise all the
rights and remedies and to maintain any actions at law or suits in equity or other proper legal
proceedings to enforce and to cure such breach to which it or any other beneficiaries of these
covenants may be entitled during the term specified for such covenants, except the covenants
against discrimination which may be enforced at law or in equity at any time in perpetuity.
10. Notices, Demands and Communications
Written notices, demands and communications between the Covenantor and the
Covenantee shall be sufficiently given if (i) delivered by hand, (ii) delivered by reputable same -
day or overnight courier service that provides a receipt showing date and time delivery, or (iii)
dispatched by registered or certified mail, postage prepaid, return receipt requested, as follows:
Covenantor:
c/o RGC CourtHomes, Inc.
101 Shipyard, Suite G
Newport Beach, California 92663
Attn: Harold Lynch
Covenantee: La Quinta Redevelopment Agency
Attention: Executive Director
78-495 Calle Tampico
La Quinta, California 92253
Such addresses for notice may be changed from time to time upon notice to the other
party.
Any written notice, demand or communication shall be deemed received immediately if
delivered by hand and shall be deemed received on the fifth (5th) calendar day from the date it is
postmarked if delivered by registered or certified mail.
11. Expiration Date.
This Declaration shall automatically terminate and be of no further force or effect as of
thirty (30) years from the date this Declaration is recorded.
12. Counterparts
This Declaration may be executed in counterparts each of which, when both Covenantor
and Covenantee have signed this Declaration, shall be deemed an original and shall constitute
one and same instrument.
[end — signature page follows]
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379
IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf of their respective officers hereunto duly authorized as of the date
set forth above.
"COVENANTEE"
THE LA QUINTA REDEVELOPMENT
AGENCY, a public body, corporate and politic
Its: Executive Director
Attest:
Agency Secretary
(Agency's and Owner's Signature must be
acknowledged by a Notary Public)
"COVENANTOR"
California
By:
Its:
By:
Its:
394/015610-0002
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a
113
379
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
LOTS 1 THROUGH 12, 19, 41 THROUGH 86, AND LETTERED LOTS A, B, D, E, AND H
THROUGH R, INCLUSIVE, OF TRACT NO. 28601-1, AS SHOWN BY MAP ON FILE IN
BOOK 278, PAGES 86 THROUGH 90 OF MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
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3 S o
EXHIBIT "B"
MAXIMUM SALES PRICE EXAMPLE
Affordable Housing Example, City of La Quinta
[SEE FOLLOWING —PAGE]
115
394/015610-0002 1 96055.03 a07/24/00 381 1
Affordable Housing Example, City of La Quinta
Based upon Riverside County Income levels provided by the State of California,
March 2000, Department of Housing and Community Development derived from HUD
Actual Calculations to be based upon county income levels and mortgage rates in place
at the time of the proposed transaction, income and housing costs are annual
Unit'size
3 bedroom
3 bedroom
4 bedroom
Actual Household size, number of persons
3
4
5
Household size for qualifying purposes*
4
4
5
County Median Income
47,400
47,400
51,200
Maximum Household income, 120% of Median**
56,880
56,880
61,440
Maximum Affordable Housing Cost Allowance:
35% of 110% of Median
18,249
18,249
19,712
Annual property tax @ 1.25% of value
1,838
1,838
1,963
Annual utilities @$75/month
900
900
900
Annual insurance @lump sum
700
700
800
Annual Homeowner's Association @ $95/month
1,140
1,140
1,140
balance of housing cost for mortgage
13,671
13,671
14,909
Maximum annual mortgage payments
13,671
13,671
14,909
Monthly mortgage payment
1,13 9.25
1,139.25
1,242.42
1st Mortgage term in years
30
30
30
Market interest rate, annual
9.00%
9.00%
9.00%
1st Mortgage amount
141,588
141,588
154,410
10% down payment
Loan to value
Maximum sales price
5% down payment
Loan to value
Maximum sales price
3% down payment
Loan to value
Maximum sales price
90%
90%
90%
157,320
157,320
171,567
95%
95%
95%
149,040
149,040
162,537
97%
97%
97%
145,967
145,967
159,185
For qualifying purposes, the family/household size is the number of bedrooms plus 1, unless
the actual family/household size is larger in which case the actual family size shall be used.
* * For households with gross incomes over 110% of median, Affordable Housing Costs shall
not exceed 35% of 120% of the median income.
Affordable Housing Costs shall not be less than 28% of the gross income of the household.
The foregoing is an example only and shall not necessarily be the prices or terms for the sale
of a Restricted Unit. The foregoing is based upon 2000 figures and shall be updated
11E
SFRAgrAtt1O.x1s 3 k24LWOO
ATTACHMENT NO. 9
CERTIFICATE OF COMPLETION
[SEE ATTACHED PAGES]
394/015610-0002
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11"
383.
Recording Requested By
And When Recorded Mail To:
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, California 92253
Attn: Executive Director
(Space above for Recorder's use)
(Exempt from Recording Fee Per Gov. Code § 6103)
CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT
WHEREAS, by an Affordable Housing Agreement dated , 2000 ("Agreement"), by
and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and
politic (hereinafter referred to as the "Agency") and ("Developer"),
the Developer has constructed improvements upon the real property (the "Site"), legally
described on the attached Exhibit "A", by constructing or causing to be constructed the
improvements thereon according to the terms and conditions of the Agreement; and
WHEREAS, pursuant to Section 315 of the Agreement, promptly after completion of the
Improvements the Agency shall furnish the Developer with a Certificate of Completion upon
written request therefor by the Developer; and
WHEREAS, the issuance by the Agency of the Certificate of Completion shall be
conclusive evidence that the construction of the Improvements conforms to the Agreement; and
WHEREAS, the Developer has requested that the Agency furnish the Developer with the.
Certificate of Completion; and
WHEREAS, the Agency has conclusively determined that the construction of the
Improvements conforms to the Agreement;
NOW, THEREFORE:
1. As provided in the Agreement, the Agency does hereby certify that the
construction of the Improvements required to be constructed on the real property described in
Exhibit "A" hereto has been satisfactorily performed and completed and that such development
and construction work complies with the Agreement.
2. This Certificate of Completion does not constitute evidence of compliance with or
satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a
mortgage security money loaned to finance the work of construction if improvements and
development of the real property described in Exhibit "A", or any part hereof.
3. This Certificate of Completion does not denote completion of any work required
to be completed, other than on the real property described in Exhibit "A".
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384
4. The Deed of Trust recorded as Instrument No. in
the official records of the County of Riverside, and the Declaration of Covenants Conditions, and
Restrictions recorded as Instrument No. in the official records of the
County of Riverside, shall remain in full force and effect.
5. This Certificate of Completion is not a notice of completion as referred to in
Section 3093 of the California Civil Code.
IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day
of
ATTEST:
Agency Secretary
LA QUINTA REDEVELOPMENT AGENCY
By
Executive Director
CONSENT TO RECORDATION
, owner of fee title to the real property described in Exhibit.
"A" hereto, hereby consents to the recordation of this Certificate in the official records of
Riverside County.
Its:
119
394/015610-0002 96055.03 a07/24/00 38,5
► _2_ < 8 ,5
STATE OF CALIFORNIA
ss.
COUNTY OF
On , before me, a notary public, personally appeared
, personally known to me (or 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/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
MI MMM
[SEAL]
394/015610-0002 3
96055.03 a07/24/00 386
STATE OF CALIFORNIA
COUNTY OF
ss.
On , before me, a notary public, personally appeared
, personally known to me (or 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/she executed the same in his/her authorized capacity,
and that by his/her signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
NAME:
[SEAL]
121.
394/015610-0002 4
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ATTACHMENT NO. 10
MAXIMUM SALES PRICE ILLUSTRATION
Affordable Housing Example, City of La Quinta
[SEE FOLLO.WING PAGE]
122
394/015610-0002
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Affordable Housing Example, City of La Quinta
Based upon Riverside County Income levels provided by the State of California,
March 2000, Department of Housing and Community Development derived from HUD
Actual Calculations to be based upon county income levels and mortgage rates in place
at the time of the proposed transaction, income and housing costs are annual
Unit size 3 bedroom 3 bedroom 4 bedroom
Actual Household size, number of persons 3 4 5
Household size for qualifying purposes* 4 4 5
County Median Income 47,400 47,400 51,200
Maximum Household income, 120% of Median** 56,880 56,880 61,440
Maximum Affordable Housing Cost Allowance:
35% of 110% of Median
18,249
18,249
19,712
Annual property tax @ 1.25% of value
1,838
1,838
1,963
Annual utilities @$75/month
900
900
900
Annual insurance @lump sum
700
700
800
Annual Homeowner's Association @ $95/month
1,140
1,140
1,140
balance of housing cost for mortgage
13,671
13,671
14,909
Maximum annual mortgage payments
13,671
13,671
14,909
Monthly mortgage payment
1,139.25
1,139.25
1,242.42
1 st Mortgage term in years
30
30
30
Market interest rate, annual
9.00%
9.00%
9.00%
1st Mortgage amount
141,588
141,588
154,410
10% down payment
Loan to value
90%
90%
90%
Maximum sales price
157,320
157,320
171,567
5% down payment
Loan to value
95%
95%
95%
Maximum sales price
149,040
149,040
162,537
3% down payment
Loan to value
97%
97%
97%
Maximum sales price
145,967
145,967
159,185
For qualifying purposes, the family/household size is the number of bedrooms plus 1, unless
the actual family/household size is larger in which case the actual family size shall be used.
* * For households with gross incomes over 110% of median, Affordable Housing Costs shall
not exceed 35% of 120% of the median income.
Affordable Housing Costs shall not be less than 28% of the gross income of the household.
The foregoing is an example only and shall not necessarily be the prices or terms for the sale
of a Restricted Unit. The foregoing is based upon 2000 figures and shall be updated
SFRAgrAtt1O.As 7/24/2000
389
ATTACHMENT NO. 11
FORM OF CERTIFICATE OF PROPOSED TRANSFEREE
[SEE FOLLOWING PAGES]
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330
CERTIFICATE OF PROPOSED TRANSFEREE
THIS FORM MUST BE DELIVERED TO THE OWNER BEFORE PROCEEDING WITH
ANY TRANSFER OF THE PROPERTY.
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Project Officer
Re: Request for Approval of Proposed Transferee
To Whom It May Concern:
The undersigned is the owner of real property in La Quinta, located at
(the "Property"), which was
developed with assistance from the Agency.
The Owner now desires to transfer the Property and' by this letter is requesting the
Agency to approve the proposed transferee.
1. The Proposed Transferee is
Names:
Current
Address:
Telephone
Number:
2. The terms of the proposed transfer are
(a) Sales price of $
(i)
. This sales price is based on the lesser of
Fair market value; or
The maximum price at which the Purchase Housing Cost of the
Proposed Transferee would not exceed Affordable Housing
Cost. The calculation of the Sales Price under this subsection
(ii) is illustrated in Attachment No. _ to the Agreement.
394/015610-0002 1
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ti5
391
IN ORDER TO ANSWER QUESTION 2(b) YOU MUST CALCULATE THE
PROPOSED SALES PRICE BASED ON AFFORDABLE HOUSING COST, TAKING INTO
CONSIDERATION ALL ITEMS LISTED IN THE DEFINITION OF PURCHASE HOUSING
COST.
(b) Price of any personal property being sold by the Owner to the proposed
transferee: $ (If none, so state)
(c) The price of $ to be paid by the proposed transferee for any
services of Owner. (If none, so state).
(d) All other amounts of money or other consideration, if any, concerning the
Property or any other matter to be paid by the proposed transferee to the Owner: $ (if
none, so state).
(e) Sources of payment of sales price:
Sales price $_
Cash down payment $_
1 st loan $
2nd loan $
Other (describe) $
Total $
(0 The financing obtained by the proposed transferee to purchase the Property is as
follows:
1st Loan:
Loan amount $
Monthly payments: $
Interest rate
If variable interest, describe adjustment mechanism:
Due date:
Balloon payment amount:
Points and fees:
394/015610-0002 _
96055.03 a07/24/00 _2
Lender:
Lender's address:
Loan amount: $
Monthly payments: $
Interest rate
If variable interest, describe adjustment mechanism:
Due date:
Balloon payment amount:
Points and fees:
Lender:
Lender's address:
Other Loans: (describe, if none, so state) .
(g) The monthly Purchase Housing Cost to be paid by the proposed transferee:
1 st loan monthly payment:
$
2nd loan monthly payment:
$
Other loans monthly payment:
$
Taxes and assessments (1/12 of
$
yearly taxes and assessments):
Insurance (1/12 of yearly
$
premium):
Homeowner's dues:
$
Total:
$
3. The proposed transferee represents, warrants and covenants the following:
12'7
394/015610-0002 /�
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(a) The Property will be the principal residence of the proposed transferee.
(b) The combined maximum annual income for all household members of the
proposed transferee is $ . (This figure must include al sources of income).
(c) The proposed transferee will deliver to the Agency a signed financial statement on
a form acceptable to the Agency.
4. The proposed transferee's household consists of the following persons who will reside in
the Property:
Adults (18 or over) - [name of each]:
Minors (under 18) [name of each]:
5. The proposed transferee must submit to the Owner, on a form available from the Owner,
an income certification so the Owner may determine if the proposed transferee is an Eligible
Person or Family.
6. A true' and correct copy of the proposed transferee's most recent tax return to the U.S.
Internal Revenue Service is attached hereto.
7. A true and correct copy of the purchase and sale or other agreement between the owner
and the proposed transferee is attached hereto.
1?8
394/015610-0002
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
OWNER:
Date
signature
print name
street address
City
PROPOSED TRANSFEREE:
Date
signature
print name
signature
print name
telephone
state zip code
signature
print name
street address telephone
City state zip code
Developer's Certification
Based on the Proposed Transferee's Certificate, above, and all documents attached hereto,
Developer hereby certifies that:
(1) Proposed Transferee is an Eligible Person or Family; and
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12%9
395
(2) The monthly Purchase Housing Cost to be paid by the Proposed Transferee shall
not exceed the monthly Affordable Housing Cost.
[Capitalized terms used above are defined in the Agreement to which this certificate is attached.]
OWNER:
[Name]
Date:
30
394/015610-0002 _6_ { o ��
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ATTACHMENT NO. 12
FORM OF NOTICE OF INTENT TO TRANSFER
[SEE FOLLOWING PAGES]
131.
394/015610-0002 1 { 7
96055.03 a07/24/00 V
NOTICE OF INTENT TO TRANSFER
NOTICE OF INTENT TO TRANSFER MUST BE DELIVERED
TO THE LA QUINTA REDEVELOPMENT AGENCY PRIOR
TO PROCEEDING WITH ANY TRANSFER OF THE
PROPERTY.
From:
To: La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Project Officer
Re: (street address)
("Owner")
La Quinta, CA (the "Property")
Owner desires to [sell, convey, transfer by inheritance or devise, lease, gift, otherwise
transfer] (circle appropriate words) the Property.
If the Agency has a program to help locate an Eligible Family, does the Owner want the
Agency to help look for an Eligible Person or Family to buy the Property?
Yes
No
Date:
Signature of Owner
U
Day time telephone of Owner
Date:
Signature of Owner
C—)
Day time telephone of Owner
130
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ATTACHMENT NO. 13
FORM OF REQUEST FOR APPROVAL OF PROPOSED TRANSFEREE
[SEE FOLLOWING PAGES]
394/015610-0002 1 133
96055.03 a07/24/00 399
REQUEST FOR APPROVAL OF PROPOSED TRANSFEREE
THIS FORM MUST BE DELIVERED TO THE LA QUINTA REDEVELOPMENT AGENCY
BEFORE PROCEEDING WITH ANY TRANSFER OF THE PROPERTY
THIS FORM MUST BE DELIVERED TO THE OWNER BEFORE PROCEEDING WITH
ANY TRANSFER OF THE PROPERTY.
La Quinta Redevelopment Agency
78-495 Calle Tampico
La Quinta, CA 92253
Attn: Project Officer
Re: Request for Approval of Proposed Transferee
To Whom It May Concern:
The undersigned is the owner of real property in La Quinta, located at
(the "Property"), which was
developed with assistance of the Agency.
The Owner now desires to transfer the Property and by this letter is requesting the
Agency to approve the proposed transferee.
I. The Proposed Transferee is
Names:
Current
Address:
Telephone
Number:
2. The terms of the proposed transfer are
(a) Sales price of $ This sales price is based on the lesser of
(i) Fair market value; or
(ii) The maximum price at which the Purchase Housing Cost of the
Proposed Transferee would not exceed Affordable Housing
394/015610-0002 q 134
96055.03 a07/24/00 1 4 i J O
Proposed Transferee would not exceed Affordable Housing
Cost. The calculation of the Sales Price under this subsection
(ii) is illustrated in Attachment No. to the Agreement.
IN ORDER TO ANSWER QUESTION 2(b) YOU MUST CALCULATE THE
PROPOSED SALES PRICE BASED ON AFFORDABLE HOUSING COST, TAKING INTO
CONSIDERATION ALL ITEMS LISTED IN THE DEFINITION OF PURCHASE HOUSING
COST.
(b) Price of any personal property being sold by the Owner to the proposed
transferee: $ (If none, so state)
(c) The price of $ to be paid by the proposed transferee for any
services of Owner. (If none, so state).
(d) All other amounts of money or other consideration, if any, concerning the
Property or any other matter to be paid by the proposed transferee to the Owner: $ (if
none, so state).
(e) Sources of payment of sales price:
Sales price $
Cash down payment $
1 st loan $
2nd loan $
Other (describe) $
Total $
(f) The financing obtained by the proposed transferee to purchase the Property is as
follows:
1 st Loan:
Loan amount $
Monthly payments: $
Interest rate
If variable interest, describe adjustment mechanism:
Due date:
394/015610-0002 135
96055.03 a07/24/00 -2 401
Balloon payment amount:
Points and fees:
Lender:
Lender's address:
2nd Loan:
Loan amount: $
Monthly payments: $
Interest rate
If variable interest, describe adjustment mechanism:
Due date:
Balloon payment amount:
Points and fees:
Lender:
Lender's address:
Other Loans: (describe, if none, so state)
(g) The monthly Purchase Housing Cost to be paid by the proposed transferee:
1 st loan monthly payment:
$
2nd loan monthly payment:
$
Other loans monthly payment:
$
Taxes and assessments (1/12 of
$
yearly taxes and assessments):
Insurance (1 / 12 of yearly
$
premium):
Homeowner's dues:
$
13F
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404
Total: $
3. The proposed transferee represents, warrants and covenants the following:
(a) The Property will be the principal residence of the proposed transferee.
(b) The combined maximum annual income for all household members of the
proposed transferee is $ (This figure must include al sources of income).
(c) The proposed transferee will deliver to the Agency a signed financial statement on
a form acceptable to the Agency.
4. The proposed transferee's household consists of the following persons who will reside in
the Property:
Adults (18 or over) - [name of each]:
Minors (under 18) [name of each]:
5. The proposed transferee must submit to the Owner, on a form available from the Owner,
an income certification so the Owner may determine if the proposed transferee is an Eligible
Person or Family.
6. A true and correct copy of the proposed transferee's most recent tax return to the U.S.
Internal Revenue Service is attached hereto.
7. A true and correct copy of the purchase and sale or other agreement between the owner
and the proposed transferee is attached hereto.
394/015610-0002 403 13'('
96055.03 a07/24/00 -4-
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
OWNER:
Date
signature
print name
street address
City
PROPOSED TRANSFEREE:
Date
signature
signature
print name
signature
telephone
state zip code
print name print name
street address telephone
City state zip code
394/015610-0002
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ATTACHMENT NO. 14
FORM OF ASSUMPTION AGREEMENT
[SEE FOLLOWING PAGE]
394/015610-0002 1 405 13 9
96055.03 a07/24/00 1
Recording Requested By And
When Recorded Return To:
La Quinta Redevelopment Agency
Attn: Executive Director
78-495 Calle Tampico
La Quinta, California 92253
SPACE ABOVE FOR RECORDER'S USF
EXEMPT FROM RECORDING FEE PER GOV. CODE § 6103
ASSUMPTION AND ASSIGNMENT AGREEMENT
This Assumption and Assignment Agreement ("Agreement"), is made as of
by and among the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and
politic ("Agency"), ("Seller" or "Assignor") and , ('Buyer" or "Assignee").
WITNESSETH:
A. The Agency is the holder of that certain Promissory Note Secured by Deed of
Trust (the "Promissory Note") dated , with a Note Amount of Dollars
($ ), made by Seller and payable to the order of Agency. The Promissory Note is
secured by that certain Deed of Trust dated , from Seller as trustor to , as
trustee, in favor of Agency as beneficiary, and recorded on . as Instrument Number
in the Official Records of Riverside County, California. (The Promissory Note and
the Deed of Trust are sometimes hereinafter referred to collectively as the "Loan Documents".)
The Deed of Trust encumbers the real property (the "property") located in Riverside County,
California described in Exhibit A attached hereto and made a part hereof.
B. Buyer is acquiring the Property from Seller and has met all of the requirements of
the Program to qualify therefor. Seller and Buyer desire that in connection with the sale of the
Property from Seller to Buyer that Agency, as beneficiary under the Loan Documents, consent to
the transfer of the obligation of the Loan Documents from Seller to Buyer.
C. Agency will consent to such acquisition provided that (i) Buyer assumes the
obligations of Seller under the Loan Documents, as set forth in this Agreement, and that (ii)
Seller shall not be released from any liability or obligations under the Loan Documents as further
provided herein.
NOW THEREFORE, Agency, Seller and Buyer agree as follows:
1. Effective Date. As used in this Agreement, the "Effective Date" shall be
2. Consent by Agency. As of the Effective Date, Agency consents to the transfer of
the Property by Assignor/Seller to Assignee/Buyer. Such consent by Agency shall not constitute
a consent to any further or subsequent sale, conveyance or transfer by Assignee/Buyer .of the
Property, or any part thereof, or any interest therein.
140
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3. Assumption by Assignee/Buyer. As of the Effective Date, Assignee/Buyer
assumes and agrees to be bound by the Loan Documents. Assignee/Buyer shall fully and
faithfully pay, perform and discharge, as and when payment, performance and discharge are due,
all of the obligations of Assignor/Seller under the Loan Documents, and each of them.
4. No Release of Assignor/Seller. There shall be no release of Assignor/Seller from
any liability or obligations arising under the Loan Documents. In the event of any default under
the Loan Documents, whether prior to or after the Effective Date, Agency shall have the option,
in its sole discretion, to pursue its remedies against Assignor/Seller, Assignee/Buyer or both.
5. Legal Effect. Except as modified by this Agreement, the Loan Documents are
unchanged and, as so modified, the Loan Documents shall remain in full force and effect. The
Deed of Trust (as modified by this Agreement) shall secure the Promissory Note, all extensions,
renewals and modifications thereof, all substitutions therefor, and all other indebtedness and
obligations recited in the Deed of Trust.
6. Entire Agreement. This Agreement contains the entire agreement among Agency,
Assignor/Seller and Assignee/Buyer with respect to the subject matter hereof and supersedes all
prior agreements, understandings, offers and negotiations, oral or written, with respect thereto.
This Agreement shall bind and inure to the benefit of Agency, Assignor/Seller and
Assignee/Buyer and their respective personal representatives, heirs, successors and assigns. This
Agreement shall be governed and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, Agency, Assignee/Seller and Assignee/Buyer have executed
this Agreement as of the date first hereinabove written.
LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate and politic
By:
Executive Director
ASSIGNOR/SELLER ASSIGNEE/BUYER
394/015610-0002 96055.03 a07/24/00 -2-
407 141.
EXHIBIT A
LEGAL DESCRIPTION
[TO BE INSERTED AT TIME FORM COMPLETED]
140
394/015610-0002 _3_ 408
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ATTACHMENT NO. 15
ADDITIONAL ASSISTANCE AND DEVELOPER'S ADDITIONAL ON -SITE AND OFF -
SITE IMPROVEMENT OBLIGATIONS
A. ADDITIONAL DEVELOPER OBLIGATIONS AND AGENCY ADDITIONAL
ASSISTANCE
1. Phase I Landscaping Upgrade. Developer, within the time set forth in the Schedule of
Performance, and pursuant to a landscape plan approved by City, shall upgrade the
landscaping existing on Phase I of the Miraflores project. Agency shall reimburse
Developer for Developer's costs incurred for this upgrade in an amount not to exceed
Twenty -Five Thousand Dollars ($25,000) ("Phase I Landscape Upgrade Assistance").
The disbursement shall be made in accordance with the disbursement procedure outlined
below. In the event that Agency or City perform the upgrade work or cause the upgrade
work to be performed, Developer shall be relieved from the obligation to perform the
work and the Agency shall be relieved from providing the Phase I Landscape Upgrade
Assistance or any portion thereof, and the Agency Assistance amount set forth in the text
of the Agreement shall be reduced by Twenty -Five Thousand Dollars ($25,000)..
2. Coachella Valley Water District ("CVWD")Wellsite. Agency and Developer agree that
Agency shall undertake or cause the completion of the CVWD wellsite that CVWD is
requiring for the Miraflores project, at Agency's cost and Developer shall have no
obligation therefor. In exchange for Agency assuming this responsibility, the Additional
Assistance to Developer that is defined in the Agreement shall be reduced Seventy -Seven
Thousand And Twenty -Five Dollars ($77,025), which is the amount Agency would have
provided to Developer to assist in the cost of the wellsite completion ("Wellsite
Assistance"). The Agency Assistance amount set forth in the text of the Agreement,
therefore, shall be reduced by Seventy -Seven Thousand And Twenty -Five Dollars
($77,025).
3. Jefferson Street and 48th Street Median, Monument & Landscaping Improvements.
Developer, within the time set forth in the Schedule of Performance, shall undertake and
complete Jefferson Street and 48`h Street median, monument, and landscaping
improvements adjacent to the Miraflores project in accordance with plans and
specifications approved by the City. Agency shall reimburse Developer for the
Developer s cost incurred for this work in an amount not to exceed Thirty -Nine Thousand
Seven Hundred And Fifty Dollars ($39,750) ("Street Assistance"). The disbursement
shall be made in accordance with the disbursement procedure outlined below. In the
event that Agency or City perform the work or cause the work to be performed,
Developer shall be relieved from the obligation to perform the work and the Agency shall
be relieved from providing the Street Assistance, and the Agency Assistance amount set
forth in the text of the Agreement, therefore, shall be reduced by Thirty -Nine Thousand
Seven Hundred Fifty Dollars ($39,750).
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409 143
4. Additional Cost Reimbursement. Agency shall reimburse Developer for additional
Developer improvement costs incurred for the development of the Restricted Units in an
amount not to exceed One Hundred Fifteen Thousand Two Hundred Forty -Eight Dollars
(S 115,248) ("Additional Cost Reimbursement"). Agency shall disbursement the
Additional Cost Reimbursement in accordance with the disbursement procedure outlined
below; provided, however, that notwithstanding anything in this Agreement to the
contrary, the Additional Cost Reimbursement shall not be made by Agency unless and
until Developer has completed the Miraflores project recreation building and swimming
pool as part of Phase II of the development and in accordance with plans and
specifications approved by the City and Agency.
5. Completion of Site Work on Tract 28601-1. Developer, within in the time set forth in the
Schedule of Performance, shall fulfill all of the remaining obligations of the "developer"
under City of La Quinta Subdivision Improvement Agreement Tract 28601-1, dated
January 19, 1999, including City Engineer Steven D. Speer's Preliminary Punch List
Letter dated May 23, 2000.
6. Developer Provision of Improvement Security. Developer shall provide bonds or other
improvement security acceptable to the City Public Works Department and in accordance
with applicable law for completion of all improvements for which the City or Agency
regularly requires such security.
7. Developer Fulfillment of DRE Agreement Obligations. Developer, within the time set
forth in the Schedule of Performance, fulfill all of the remaining obligations of
"developer" under the California Department of Real Estate Subsidy Agreement.
B. DISBURSEMENT PROCEDURES
1. Conditions for Each Disbursement. Prior to each and every disbursement, the following
conditions shall be satisfied:
a. Application. Developer shall have delivered the Application attached hereto as
Exhibit "A" to the Agency Executive Director at least fifteen (15) business days prior to
the requested disbursement. The Application shall be completed and certified to be
accurate by Developer. The Application shall specifically identify the nature of each
expense, by reference to items in the Budget, and shall identify the status of completion
of such construction.
b. Approval of Application. The Executive Director shall review and approve the
Application and accompanying documents, and the Executive Director shall determine
that the work is within the scope of the applicable section of the Budget within ten (10)
business days. The Executive Director shall advise Developer of any issues within the
ten (10) day period and shall pay all uncontested amounts requested by the Application
within twenty (20) days of the receipt of the Application.
C. Lien Waivers. Agency shall have received appropriate waivers of mechanics'
and materialmen's lien rights and stop notice rights executed by all contractors and other
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persons rendering services or delivering materials covered by the requests made in the
Application.
d. Frequency. Agency shall not be obligated to make disbursements more frequently
than once per month.
e. Use of Disbursements. Developer shall use or apply all of the assistance set forth
in this Attachment No. 15 solely for reimbursement or payment of the items described in
the Application pursuant to which the disbursement was made.
394/015610-0002
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411 i45
EXHIBIT "A" TO ATTACHMENT NO. 15
FORM OF APPLICATION FOR DISBURSEMENT
[SEE FOLLOWING PAGES]
412 146
394/015610-0002 4
96055.03 a07/24/00
TO: La Quinta Redevelopment Agency ("Agency")
REQUEST NO.
"DEVELOPER":
PR () F.CT
MIRAFLORES
i.7_,1r1
Pursuant to Affordable Housing Agreement dated as of (the
"Agreement") between Developer and Agency, Developer hereby requests that Agency disburse
$ of the financial assistance identified in Attachment No. 15 to the
Agreement. . This advance is requested to pay for the expenses set forth below as described in
Attachment No. 15. Developer hereby certifies that the amounts shown on the attached schedule
and the accompanying invoices represent costs incurred for improvements identified which are
eligible for reimbursement at this time in accordance with the provisions of Attachment No. 15
and the Agreement.
SUBMITTED BY:
Date:
REVIEWED AND APPROVED BY:
Agency Inspector
Date:
DISBURSEMENT SCHEDULE
Maximum
Reimbursement
Amount Previously Amount Requested
Item of Cost Amount
Disbursed this Disbursement
14'.
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ATTACHMENT NO. 16
AGENCY BUYER STANDARD FORMS
AGENCY DEED OF TRUST SUBORDINATED DEED OF TRUST SINGLE FAMILY
RESIDENCE
2. BUYER/AGENCY NOTE
3. RESALE RESTRICTION AND MAINTENANCE AGREEMENT
4. BUYER DISCLOSURE
(Copies attached on following pages)
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[REPLACE THIS PAGE WITH COPIES OF AGENCY
AFFORDABLE HOUSING A GREEMENTS --
SEE PREVIOUS PAGE]
415 149
394/015610-0002
96055.03 a07/24/00
SUMMARY REPORT
FOR THE
AFFORDABLE HOUSING AGREEMENT
FOR A
SINGLE FAMILY RESIDENTIAL DEVELOPMENT
BETWEEN THE
LA QUINTA REDEVELOPMENT AGENCY
AND
RGC COURTHOMES INC. AND
DESERT CITIES DEVELOPMENT
JULY 18, 2000
INTRODUCTION
This document is the Summary Report ("Report") for the Affordable Housing
Agreement for Single Family Residential ("SFR Agreement) by and between the La
Quinta Redevelopment Agency ("Agency") and RGC CourtHomes Inc. ("RGC") and
Desert Cities Development ("Desert Cities") (together, the "Developer"). The SFR
Agreement facilitates the completion of an 86-unit single family residential
development, and associated public improvements and open space amenities initiated
by Catellus Residential Group ("Catellus"). Catellus constructed 30 (including 3 model
homes) of the 86 units. The, Developer proposes to construct the remaining 56 units
and acquire and sell the 3 model homes as well for a total of 59 units ("SFR
Development"). The SFR Development is part of a larger housing development
("Miraflores") located on a 34.4 net acre parcel of land northwest of the intersection
of Avenue 48 and Jefferson Street in La Quinta Redevelopment Project Area No. 2
("Site").
This Report has been prepared pursuant to Section 33433 of the California Health and
Safety Code (the California Community Redevelopment Law or "Community
Redevelopment Law") and presents the following:
A summary of the proposed SFR Development.
• The cost of the SFR Agreement to the Agency.
• The estimated value of the interest to be conveyed, determined at the highest
and best uses permitted by the Agency's Redevelopment Plan.
• The estimated value of the interest to be conveyed determined at the use with
the conditions, covenants, and development costs required by the SFR
Agreement.
• An explanation of why the sale of property pursuant to the SFR, Agreement will
assist in the elimination of blight.
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THE SFR DEVELOPMENT
City and Agency Housing Mandates
Both the City of La Quinta ("City") and the Agency are mandated by the State Planning
and the Community Redevelopment Laws to continually seek opportunities that
increase and improve the supply of housing affordable to very low, low, and moderate
income households. State Planning Laws mandate that the City pursue a housing mix
that accommodates both local and regional housing demand for affordable dwellings.
The Community Redevelopment Law provides that the Agency must pursue the
production of affordable units within the Agency's two Redevelopment Project areas.
Said Law further mandates that a minimum of 15% of all new and rehabilitated
dwelling units within these project areas be affordable to very low, low, and moderate
income households, and that these dwellings feature covenants that maintain their
affordability for a minimum of thirty years. If the Agency does not implement this
housing mandate, then the Agency's non -housing redevelopment revenue may be
withheld.
The Site
In 1989 the Agency purchased both the Site and an adjacent parcel. The rationale
was twofold: to reserve property for future affordable housing development, and to
facilitate quality development on property that would be difficult to develop.
Development constraints included greater infrastructure needs, topography, and
adjacent uses. Initially, the Site was slated for commercial and office uses; the
adjacent parcel, located west of the Site on Dune Palms Road, was designated for
residential development. However, in 1995, the Agency elected to sell the adjacent
parcel to Desert Sands Unified School District and designated this Site for housing.
A developer selection process was initiated in August 1996 that concluded with
selecting Catellus to design and build the SFR Development. An Affordable Housing
Agreement for Single Family Residential ("Catellus SFR Agreement") was approved by
the Agency board on October 6, 1998.
Catellus commenced development of the single family project but encountered
marketing resistance at the prices offered. In the first quarter of 2000 Catellus
requested additional assistance to continue with Miraflores. Catellus' parent company,
Catellus Development Corporation Inc. also announced its intent to withdraw from the
merchant housing development business, which it operated through Catellus. The
Agency chose to terminate its agreements with Catellus and on June 20, 2000
approved a termination agreement.
The termination agreement calls for Catellus to sell the remaining houses in the first
phase of the SFR Development and deed the remaining single family residential lots to
the Agency. The Agency also acquired the three model homes which were part of the
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417
first phase development. Thirty houses, including the three models, were developed
in the first phase by Catellus. At the time of approval of the termination agreement,
Catellus had sold 17 units with the affordability restrictions required under the Catellus
SFRAgreement ("Covenants"), and it had another 6 units either under contract or
reservation. The termination agreement provided that these additional 6 units, should
they go to a closing, would also have Covenants. If the prospective buyers were
unable to qualify or close the respective transactions, then Catellus could sell these
units at market prices without the Covenants.
As of July 12, 2000, an additional 2 units have closed with Covenants, the buyer of
1 unit is having difficulty qualifying which may convert this unit to market rate, and
the remaining 3 units are still under contract or reservation. The 4 remaining units in
the first phase which were not sold, not purchased by the Agency, and were not under
contract or reservation, may be sold by Catellus at market prices. The termination
agreement provided for the Agency to release $750,000 from the SFR Development
Assistance to Catellus in consideration of completed but un-reimbursed site
improvement work ($75,000), and for the models and additional Covenants beyond
17 ($675,000).
Project Description
The Site is surrounded by vacant industrial property and a .mobile home park to the
north and east, the La Quinta Evacuation Channel and the Desert Sands Unified School
District Administration Center to the west, and an Imperial Irrigation District ("IID")
power sub -station and vacant acreage that is part of the Rancho La Quinta residential
and resort development to the south.
SFR Development. Fifty six lots acquired by the Agency from Catellus will be granted
to Developer for construction of houses, along with the 3 model homes. The lots have
been improved with streets, curb, gutter, underground improvements, and off -site
improvements except for 9 lots which will need to have utility runs completed. These
lots were left in a partially developed state to provide design flexibility for an adjacent
senior apartments project that is the subject of a separate agreement. The lots range
in size from 5,000 to 10,000 square feet in size. The Developer will continue with
essentially the same three floor plans that Catellus built except for proposed
enhancements to units proposed to be sold at market rates. There are three single
story floor plans; two plans will be 3 bedroom 2 to 2.5 bath units ranging from
1,789 to 1,923 square feet in size, and the third will be a four bedroom, 2.5 bath unit
that will be 2,092 square feet in size.:'
The Developer proposes increasing the number of smaller units, which sold very well
in the first phase, and decreasing the number of the larger units, which were slower
sellers.
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Site Amenities and Other Improvements. In planning the overall project, the
Agency directed Catellus to incorporate reduced densities, open space amenities, view
corridors, and "new town" planning concepts. As such, the overall density of the SFR
Development is 3.8 dwelling units per acre and 3.6 acres, or 10.5% of the Site, is
reserved as open space. The open space area includes retaining the sand hummocks
and native landscape materials at the intersection of Avenue 48 and Jefferson Street;
a landscaped Village Green in the center of the SFR Development that is improved with
turf, trees, and walkways; a recreation area including a pool and community center
adjacent to the La Quinta Evacuation Channel, and security gates at both entrances
limiting access to residents and guests. Roadway widths have been reduced to 32
feet on secondary residential streets, with the reduced pavement area improved with
trees and native landscape materials. City development standards required roadway
and landscaped parkway improvements along both Avenue 48 and Jefferson Street.
The roadway improvements required the dedication of 3.7 acres of the adjacent future
senior apartments site to accommodate street and parkway improvements. These
parkways have been constructed and feature 15 to 30 foot wide landscaped areas.
The location of the Site also resulted in additional development requirements. The
entire Site was raised byt an average of 18 inches in order to accommodate Coachella
Valley Water District ("CVWD") requirements for development s adjacent to the La
Quinta Evacuation Channel. Over 79,000 cubic yards of fill were imported to fill the
Site. In order to retain storm water runoff, two retention basins were needed; the
first will capture Site storm water and the second will retain storm water run-off from
Jefferson Street. Both of these basins reduced the area that could accommodate
additional dwellings. Finally, the CVWD required this project to construct a 24-inch
water main in Jefferson Street, a water main loop system, and an off -site water well
site. The Site required only a 12-inch main to service on -site water needs. The larger
water main and the off -site well will service both surrounding properties and the Site.
All of these requirements added to the cost of developing the Site. A conventional
development would have both increased density and reduced amenities to
accommodate these requirements.
Affordable Housing Mix
In order to achieve some of the City and Agency affordable housing production
mandates, while managing costs, providing a mix of households of varying income
levels, and accelerating sales the overall development will provide housing to market
rate, unrestricted households as well as moderate, low, and very low income
households. The experience with Catellus indicated that the plans were very well
received by the market but there were not enough households qualified under the
moderate income restrictions utilized in the first phase. To accelerate sales and draw
additional revenue into the SFR Development, a higher percentage of sales by the
Developer will be sold at market rates without Covenants. Of the 59 units developer
will sell, including the models, 21 will be sold with Covenants, and 38 will be sold at
market rates.
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41953
Should Catellus fail to close any of the six units under contract or reservation at the
time of the approval of the Catellus termination agreement, the number of Covenants
required of Developer will be increased on a unit -by -unit basis. Between Catellus and
Developer, Agency will receive 44 units with Covenants and 42 units will be sold at
market rates without Covenants. The units with Covenants will be sold to moderate
income households (those with income between $26,551 and $66,000, depending
upon household size, as of the year 2000) and will have re -sale restrictions that
maintain their affordability to moderate -income households for 30 years. Sales prices
are projected to be $143,000 and $153,000 for the units with Covenants, which will
only be the 2 smaller plans. The prices are projected to be $163,000, $173,000, and
$183,000 for the units which will be sold at market rates.
THE COST OF THE SFR AGREEMENT TO THE AGENCY
The total cost of the SFR Agreement to the Agency is $4,770,147. This is the prorata
share of the $7,483,265 assistance originally allocated to Catellus; Developer is
proceeding to complete the SFR Development within the budget allocated to Catellus.
In addition, $350,000 is being re -allocated from the original SFR assistance to the
future senior apartments project to improve the feasibility of the senior apartments
development. To date, the Agency has expended $4,405,025 in land acquisition,
improvements, the acquisition of the models leaving $365,122 in Agency assistance
yet to be expended. Of these funds, $77,025 is the SFD Development allocated share
of the CVWD well site construction which the Agency has contracted for directly with
a separate well site contractor, J. H. Thompson. An additional amount of up to
$25,000 will be spent to upgrade the first phase landscaping which was originally
constructed by Catellus. $183,099 is allocated to Homeowner's Association
Assistance to the sales which are projected to have resale affordabillty restrictions (21
units at $8,719 per unit). This could rise to $217,975 if a maximum of 25 instead of
21 units require covenants to reach 44 total units with covenants, which would cause
the total cost to the Agency to increase from $4,770,147 to $4,805,023. An
additional $39,750 has been allocated to the SFD Development share of median island
improvements in Jefferson Street. The $40,248 which remains in the assistance after
these allocations will be paid to Developer for other Developer infrastructure costs
upon Developer's completion of the common area recreation building and pool.
Property Acquisition/Sale
In 1989 the Agency purchased the 39.4 acre property that encompasses the Site for
$1,900,000 or $1.1 1 per square foot of land area. The Agreement provides that the
Site will be sold to the Developer for $1.00; a promissory note will then be recorded
that secures both the SFR Development's prorate share of the land value
($848,571)and the remaining Agreement costs. The promissory note secures the
Agency's financial interest and provides that the Agency may regain control of the Site
if the Developer should default on the Agreement.
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420
Site Planning Site Preparation, Governmental Fees, and Infrastructure Assistance
Developer is taking title to land which has had most of the site improvement work and
government and other fees paid. Through the Catellus Agreement, the following
improvement have been made:
• Site planning, design, engineering, and environmental assessment costs.
• Improvements to Jefferson Street and the Jefferson Street/Avenue
intersection.
• Constructed 12 and 24-inch water mains that service both the
Development and surrounding properties.
• Flood control retention basins and other facilities.
• Avenue 48 streetscape improvements.
• Internal roadways.
• Imported soil to raise the entire site per CVWD requirements.
Paid a portion of CVWD water district, school, and City fees, and bonds.
• On- and off -site water, electrical, and sewer utility systems.
SFR
Developer anticipates completing the following infrastructure improvements items:
• City entrance monument at Avenue 48 and Jefferson, miscellaneous median
improvements at Avenue 48 and Jefferson.
• Miscellaneous re -grading on -site.
• Perimeter and possible retaining walls.
• Erosion control, dust control
• Final adjustment and maintenance of storm drain system
• Sanitary sewer main extension, 3 house laterals, final adjustments.
• Extend domestic water service to remaining lots, adjust meter boxes, pay for
water meters, temporary water, final adjustments.
• Complete final lift of asphalt on all on -site streets, remain miscellaneous
damage.
• Landscaping upgrades.
• Construct common area recreation building and pool.
• Make utility deposits, provide bonds, pay City and other government fees.
Cost Projections
The Developer's projected total costs are $14,000,421, including land and models, or
$237,295 per unit. This figure includes a general and administrative fee to the
Developer of $504,225 which is 5% of the projected gross revenue. Any cost
overruns will be borne by the Developer. Total projected revenue is $9,888,000 or an
average of $167,593 per unit. Developer's projected profit is $504,225 or 5% of
gross revenue. The additional revenue over costs, assistance, and profit is $350,000,
which is being transferred from this project to increase the assistance to the future
adjacent senior housing project
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The revenue is achieved by the projected sale of 38 units at market rates. These
market sales are projected to achieve a sales price on the average of $20,000 per unit
more than the projected prices of the Covenant units. However, if Catellus is
unsuccessful in completing the sale of 4 covenant units they have remaining under
contract or reservation, the Developer will be required to deliver 4 more houses with
covenants. At $20,000 per unit, this will reduce project revenue by $80,000.
Any improvement in the profit will accrue to the Developer, there is no mechanism for
sharing in cost savings.
Projected timing of the payment of Agency Assistance
Of the $365,122 of Agency Assistance which has not been expended yet, Agency has
separately hired J. H. Thompson to construct the CVWD wellsite, which is a CVWD
condition to provide water service to the SFR Development. It is projected that J. H.
Thompson will be complete with the well site by December 2000, and the $77,025
allocated toward the SFR Development share of this cost expended by then.
$183,099 of the Assistance is allocated to assist the Covenant units with HOA
Assistance, this will be expended as homes with Covenants are closed. The $25,000
allocated towards phase 1 landscaping improvements are projected to be expended
before October 2000. The $39,750 as the SFR Development share of the Jefferson
Street median improvements will be paid directly by the Agency to the City, projected
to occur before December 2000. The remaining $40,248 will be paid upon
Developer's completion of the common area recreation building and pool, which is
projected to occur before March 2001. Therefore, by March 2001 all of the Agency
Assistance for the SFR Development is projected to be expended except for those
Covenant sales which have not closed by that time.
In the event of a Developer default, Agency will have a promissory note secured by a
trust deed in place on the property. This trust deed will provide the Agency the ability
to re -take the property upon default. In that case the Agency will have improved,
entitled land with which it could secure a new developer to complete the project. The
note will be partially forgiven and the trust deed partially re -conveyed upon the sale of
each unit to a homebuyer.
Source and Cost of Agency Funds
The source of the revenue to underwrite the Agency's $4,770,147 (or $4,805,023
as previously described) of assistance will be a combination of Project Area No. 2 tax
increment revenue and proceeds from the Agency's 1995 Housing Bond, as follows:
Tax Increment Revenue - $1,269,831
1995 Housing Bond Proceeds - $3,500,316
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In 1995, the Agency issued approximately $22.5 million in tax allocation housing
bonds to fund affordable housing activities. The bonds are for a term of 30 years and
are at an average coupon interest rate of 6%. Based upon these terms, the
$3,500,316 in Housing Bond proceeds pledged to underwrite the SFR Development
will cost the Agency an additional $3,345,140 in bond interest expense. Thus, the
total cost of the Agreement is to the Agency will be $8,1 15,287, which amount could
increase to $8,150,163 if the number of covenanted units increases from 21 to 25 as
previously described.
ESTIMATED VALUE OF INTEREST TO BE CONVEYED
The Agency acquired the 39.4 acre property that encompasses the Site in 1989, at
a cost of $1,900,000 or $1.1 1 per square foot of land. Since acquisition, the Agency
has expended funds for infrastructure improvements, fees, bonds, and planning which
brings its prorata investment to $4,405,025. The Agency's redevelopment consultant
prepared a property reuse analysis to determine the value of the SFR Development Site
if it was developed today with a market rate project. The analysis used the following
assumptions:
Developed use - single family residential
Market value per unit
Less: developer profit @ 15%
All in cost to develop
Finished lot portion of all in development costs @
35% of all in cost to develop
Number of unfinished lots
Value of unfinished lots
Number of models
Estimated price per model upon sale to homeowner
Estimated market value of models
Value of property - 56 lots plus 3 models
$185,000
$27,750
$157,250
$55,037
56
$3,082,072
3
$200,000
$600,000
$3,682,072
ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE USE
AND WITH THE CONDITIONS, COVENANTS. AND DEVELOPMENT COSTS REQUIRED
BY THE AGREEMENT
The Agreement will facilitate the transfer of 3 model homes and 56 lots upon which
the SFR Development will be constructed. The Agreement imposes housing
affordability restrictions and additional development requirements on the SFR
Development. The affordability restrictions result in a projected income from the sale
of the SFR Development of $9,888,000. The total development costs including land
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cost, is $14,000,421. The Agency's assistance will fund the difference between the
unit sales income and the projected development costs. Given the sales price
restrictions combined with increased costs due to the Site's development
requirements, the value of the property to be conveyed is $1.00.
EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE
AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT
The conveyance of the property and construction of the SFR Development will address
the following reasons for establishing the La Quinta Redevelopment Project No. 2:
Infrastructure improvements. The SFR Development will result in the
construction of a storm water detention basin basin and other improvements
that will channel storm water runoff to local and regional flood control facilities.
Further, the SFR Development will result in improvements to the street system
that serves the Project Area, thus eliminating infrastructure deficiencies. Flood
control and infrastructure deficiencies were the primary blighting conditions that
led to the establishment of the Project No. 2.
Removal of Impediments to Development. The land and infrastructure
assistance provided through the Agreement will make it possible for the
affordable housing units to be developed within the Project Area. Further, the
Agency's acquisition and subsequent conveyance of the Site facilitates the
development of property that is otherwise difficult to develop. The flood control
requirements combined with the need to improve the adjoining arterials reduce
the land area for residential development and increase the cost of developing
this property. Further, the Site's location next to industrial and a major power
transmission facility impacts its visual desirability. Finally, the SFR
Development will generate jobs during the construction phase, and will provide
additional demand for products and services when the units are occupied.
• Increasing and Improving the Supply of Affordable Housing. The SFR
Development will provide housing units that are affordable to moderate -income
households.
A copy of the proposed SFR Agreement is attached to this Report or available for
review at City Hall. The proposed SFR Agreement will be the subject of a joint public
hearing and the Agency and City Council on August 1, 2000, at p.m. in the
City Council Chambers located at
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