Loading...
2011 03 15 CCCity Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, MARCH 15, 2011 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. 2011-014 Ordinance No. 487 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF HIGHWAY 111 AND LA QUINTA CENTRE DRIVE. PROPERTY OWNER / NEGOTIATOR: TORRE NISSAN, GEORGEVELARDE 0 City Council Agenda 1 MARCH 15, 2011 RECESS TO CLOSED SESSION AND TO REDEVELOPMENT AGENCY RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION BY THE COUNTY OF RIVERSIDE REGARDING THE PROPOSED COUNTY DETENTION FACILITY IN THE WHITEWATER VICINITY WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF MARCH 1, 2011 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 MARCH 15, 2011 2. RECEIVE AND FILE TREASURER'S REPORT FOR JANUARY 31, 2011 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT FOR JANUARY 31, 2011 4. APPROVAL OF FISCAL YEAR 2011-2012 CITY COUNCIL GOALS 5. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON APRIL 20, MAY 25, AND JULY 6, 2011 FROM 9:30 A.M. TO 5:00 P.M. 0*in2 City Council Agenda 2 MARCH 15, 2011 6. APPROVAL TO EXCUSE PLANNING COMMISSIONER MARK WEBER'S ABSENCE FROM THE FEBRUARY 8, 2011 PLANNING COMMISSION MEETING 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR FOUR MEMBERS OF THE HISTORIC PRESERVATION COMMISSION AND PLANNING MANAGER TO ATTEND THE 36T" ANNUAL CALIFORNIA PRESERVATION CONFERENCE IN SANTA MONICA, CA ON MAY 15-18, 2011 8. APPROVAL OF A GRANT APPLICATION TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR A CURBSIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM 9. ADOPTION OF A RESOLUTION SETTING FORTH THE RECORDS RETENTION SCHEDULE FOR DEPARTMENTS AND OFFICES OF THE CITY AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH 10. ADOPTION OF A RESOLUTION IN SUPPORT OF THE COACHELLA VALLEY ENTERPRISE ZONE 11. APPROVAL OF THE RATIFICATION OF ACTIONS TAKEN TO REPAY THE REDEVELOPMENT AGENCY LOANS 12. TRANSMITTAL OF SINGLE AUDIT REPORT ON FEDERAL ASSISTANCE PROGRAM AS OF JUNE 30, 2010 13. ADOPTION OF A RESOLUTION AMENDING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2010-2011 14. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE AVENUE 50 WIDENING IMPROVEMENTS, PROJECT NO. 2010-14 15. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH TY LIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE ADAMS STREET BRIDGE, PROJECT NO. 2006-06 16. APPROVAL OF PURCHASE AND SALE AGREEMENTS AND ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 APPROVING THE EXPENDITURE OF AGENCY FUNDS FOR THE ACQUISITION OF LAND IDENTIFIED AS APNs: 770-123- 002, 003 AND 004, VIRGINIA EVANS GARBUTT; 770-123-006 AND 010, NIS YIELD PARTNERS, LP, TED NEWELL; 770-124-002 AND 003, JAMES F. KELLY; 770-124-009, NISPERO PROP, BOB HILL; AND 770-124-007, MICHAEL A. FISCHER City Council Agenda g MARCH 15, 2011 O 't^ 3 17. APPROVAL OF A CONTRACT WITH THE ROSENOW SPEVACEK GROUP FOR DEVELOPMENT AND IMPLEMENTATION SERVICES FOR THE WASHINGTON STREET APARTMENTS REHABILITATION PROJECT 18. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445 REGARDING FUNDING OF WELLSITES PURSUANT TO AN AMENDMENT TO DOMESTIC WATER AND SANITATION SYSTEM INSTALLATION AND IRRIGATION SERVICE AGREEMENT FOR SILVERROCK 19. APPROVAL OF A RESOLUTION APPROVING A COST SHARING AGREEMENT AMONG THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA, AND THE COACHELLA VALLEY WATER DISTRICT FOR THE RECONSTRUCTION OF THE COACHELLA CANAL, A REGIONAL WATER CONVEYANCE SYSTEM, WITHIN THE SILVERROCK PROPERTY AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN LOCAL STREETS A. RESOLUTION ACTION STUDY SESSION DISCUSSION OF THE DRAFT FISCAL YEAR 2011-2012 THROUGH 2O15- 2016 CAPITAL IMPROVEMENT PROGRAM (CIP) 2. DISCUSSION OF THE DRAFT 2011-2012 ECONOMIC DEVELOPMENT PLAN REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CLASSIC FUND DISTRIBUTION COMMITTEE (FRANKLIN) 3. CITY COUNCIL AD HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (HENDERSON) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) City Council Agenda 4 MARCH 15, 2011 0 '1 0 4 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) 18. HISTORIC PRESERVATION COMMISSION MINUTES OF JANUARY 20, 2011 19. PLANNING COMMISSION MINUTES DATED DECEMBER 14, 2010 AND JANUARY 11, 2011 DEPARTMENT REPORTS 1 . CITY MANAGER A. RESPONSE(S) TO PUBLIC COMMENTS - NONE B. IMPLEMENTATION PLAN FOR THE 2011 COACHELLA/STAGECOACH MUSIC FESTIVALS C. QUARTERLY MARKETING REPORT 2. CITY ATTORNEY - NONE 3. CITY CLERK A. UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. BUILDING & SAFETY A. DEPARTMENT REPORT FOR FEBRUARY 2011 B. UPDATE ON LA QUINTA PREP "PEOPLE RESPONDING WITH EMERGENCY PREPAREDNESS" PROGRAM 5. COMMUNITY SERVICES DEPARTMENT REPORT FOR FEBRUARY 2011 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT FOR FEBRUARY 2011 8. PUBLIC WORKS DEPARTMENT REPORT FOR FEBRUARY 2011 9. POLICE DEPARTMENT REPORT FOR FEBRUARY 2011 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE MAYOR'S AND COUNCIL MEMBERS' ITEMS - NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECONVENE AT 7:00 P.M. 7:00 P.M. PUBLIC COMMENT 0"5 City Council Agenda 5 MARCH 15, 2011 At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS - NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. JOINT PUBLIC HEARING AMONG THE CITY COUNCIL OF THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY, AND THE LA QUINTA FINANCING AUTHORITY TO CONSIDER RESOLUTIONS REGARDING THE ISSUANCE OF REDEVELOPMENT PROJECT AREAS 1 AND 2 TAXABLE BONDS AND RELATED DOCUMENTS A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the City Council will be held on April 5, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of March 15, 2011, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 1 1 1, on VM44e% I f . 201 I DATED: 63• ll'-2A01 5m,�� VERONICA J. MONTQCINO, Cit Clerk City of La Quinta, California City Council Agenda 6 0-f: 6 MARCH 15, 2011 Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 MARCH 15, 2011' r V S GFM OF COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Demand Register Dated March 15, 2011 RECOMMENDATION: Approve Demand Register Dated March 15, 2011 BACKGROUND: Prepaid Warrants: 90913 - 90939) 90940 - 909671 Voids} Wire Transfers} P/R 36293 - 36305) P/R Tax Transfers} Payable Warrants: 90968 - 91063) FISCAL IMPLICATIONS: Demand of Cash -City Demand of Cash -RDA Demand of Cash - HA Nn�_ Demand of Cash - HA Comm John M. Falconer, Finance Director 203,609.87 470,998.17 0.00 6,094,067.49 234,655.09 64,542.03 466,132.38 $7,534,005.03 $1,178,855.06 $6,354,610.77 $250.00 $289.20 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 2/23/11 - 3/08/11 2/23/11 WIRE TRANSFER -TASC $1,493.59 3/1/11 WIRE TRANSFER -PERS $2,318.44 3/1/11 WIRE TRANSFER - US BANK $5,663,240.64 3/1/11 WIRE TRANSFER - HEALTH PREMIUM $112,907.84 3/4/11 WIRE TRANSFER - ICMA $24,498.25 3/4/11 WIRE TRANSFER - PERS $54,436.19 314/11 WIRE TRANSFER - LQCEA $162.50 3/4/11 WIRE TRANSFER - OLD REPUBLIC TITLE $5,000.00 314/11 WIRE TRANSFER - LANDMARK $160,395.35 3/7/11 WIRE TRANSFER - OLD REPUBLIC TITLE $69,614.69 TOTAL WIRE TRANSFER OUT $6,094,067.49 Y M M O O O O M iC Ur I 1[. Lf. . . . " . . M . . . 1I. W Z I O O O O O O N 2 . P N N �Mmc N20 �p �p M M 1II 1II I P O O M-I H NMw �t INU0 = I aMc M M M M M N N NHNP III H H ooM �t rl M I IN N m N \ N O W r a u J J J J QQQ J J J J W F O Q O ¢ Q Q NNN Q ¢ Q Q 2 UI r U' r r r r r ZZZQ r r r r rU f O r O r O J O W O O O p O O O r r Y r Z r Y W r J r r W W KW O r 1'R' r r r r INi H C'NU J r 1'1'p'Z U J z z QOH ¢ 2 QQQO Z M 0 2 0 E 0 aar 0 > 0 ! 0 Z 0 UUUN 0 O O I J U ❑ O ❑ O ❑ ZZ ❑ In ❑ tl ❑ O ❑ III N If1O O z ❑ ❑ r ❑ .Hr ¢O w z U z U z ou0 Z M Z Z H Z rnf�M z w Z z Z w Z r 1 >N N W W W JUS W W C' W r W W Z W H W W W ELL I > UI > U > N > N > > > LL NNN > N^,N^N�^I� > > Z > UUJ > I I I N S H I.I YI YIr 0 o H HHW HN 2 Z Z WMIX W r a\ I I Z Z WWW Q N U N MMMM QQQQ A E 1' rr0 QO I rrr 2 N p0==XX W r UUN ❑I Q J J ¢¢¢ W ¢ ❑ WWWW z WW4 W Y a a 333 K d N U JJr 1' Kp: d'K � U WWN � LL r0 0 0 o NNH H H qN M H I H Hoo I I I o I r I o 0000 0 o ul lno ZQ H O O 000 m N I M IIIIIIIIIIII r H M OH a V c X .r M M H.rH H M HHH.i V v lIl O N N -Im III III H N 1f1 lfl N V vvv W v v m Wm v v �?vv r T^ v H H P P P H �t �1 1l11I1 Ifl Mal O O O O 000 O O v�? O O 001(1 O Z I O O b O O O w M O O W M M wM w M O O O O O U I 1 M M M H P N U 1I1 M M O ¢ o H.1 H I N H Z .... 1 I H HHH 0 0 Meo 0 0 Z000 o 0 o e00 r1 rl H H H H 2 zv M -1 W v V v v H H ,r . ..I H r Z O KH UH j'H.Hr wH H H \r I N N N =a=. N N N O O H O O O O O O ❑ " MO Y Q I \ \ \ \ \ \ r N p• N N W N N N N N N N N N N U❑ I III III WIIIIf w U \ r \ \ LL \ \ \ \ r \ Z \ H \ \ \ W W N WN N N r N N N N C N IxN NN H N N N QIIIIIIII N NNN N WZIPIN WIN i-iN H N ❑III1I N N N N 2 U \ \ \ Q \ \ \ r \ O \ \ O N \ \ \ \ Z \ r \ Z \ \ \ U IH N N N 3 N N N z N N N ❑ NNN N LL N MN O N N N > O O O O O O am Z O O Z O O O O O O J O H O O D Y U O Q J O r Z W O o O W W O O o O H O O J O O O o W O 0. Q O O O o QI m No o Mo J000 (90 ro 0 0000 >o O U000 J Z Q W W N H 2 ti ❑ Z I W r W Q > w M ❑ W N r Y O U z O r z N OIQOZI y ^ J LL I Z O z - K N K W N J z P H I d U O N J LL W J I C W N 3 W r r Y M Q I OKO I NP KO 00 SPPP NH =a KID ^H HHH 00 U I❑ w 2 I O W H C H U O O o --I W H W o N.-I.. J H U H W H H H Q H I z2 I rm Qm MIA Qlilll M JIII NIII NIII ¢1I11I11I M alii Mm t MmW z H ..Wu ❑ M J M Q M O M M M W" WIC' W M H M M M M M M N M i M M M O O Q I>] Q O Q O Mc U O O O ❑ O ❑ o ❑ O ❑ O O O O W o S O H O O O n N r I O \ J Z I > O O O 000 O O O 0000 O O 000 I NM" I p o 0 0 0 0 0 0 0 0 0 0 0 \MO I W O O O OO O O 0 O O o O O N L I N PAIMNN o c961 M0I J I M P P O O •• W vvv LL M M III o WELL I OU 1IIm H MMMM O rJ v0 I� HIII 1� Mmo� f� KQO I ZH Hw I�H OH C �p M IMP �t IIIQ am I� �iM N V"=7 1� MH N,aNP N MS vm wgIW m �?O v0 NVOM O d (9> I O00I OM .Wyti N. MMmm MVI a M.+ MM 00P e I Mkt OrHH o wOr I Zz I W IW" I WH I am a.OW am Opt OW O�DIDI� a'.. am or 00 ONNNN oN OH O.Whi.. O 0 "1 O LL [LU I > I O�1 OLL OLL OMMM am OM ON OH ON O❑ Ova? c O•-I .n .n .i OM oP OM OM 00¢o OIII>m O O 1 N IOq W �r❑r� I Qwzr I avid I a •oa ��z a I LLQ I W S I b b v v o O o o O O O O O P .I o N N o O 111111 O O O P P Y b b N N o 0 0 0 00 0 0 0 .im o b b O o bN P o o N N WZ I O m N N O O O O � 111 P; O O Mai m n n O O mP n O SO I M M e O m m o O bn M O O vn rl n n O O NN 1f1 O O b O n b n U O I N N 121 1I1 Ifl 1l1 N m .+ .+ . Q I •+ .I N .+ �t P m m M M Ill b N N N Ill m rl M I I O N N N O W f Q ❑ � W. W, s W. Mt i M[ Mr MI M[ Mr Y I J J J J Q J J J J J J J J U r z 2 Q Q Q Q Q Q N Q Q Q Q Q Q Q Q W H N H N 0 ZQ Ur Q 2 Z z O J p O 0 O O O Qo a O 0 O O 0 0 O d' O 0 0 O 0 O O 0 u ~ ~ Z ~ Z ~ M t- L F H H O H H M f F N Q IQi w Z W w W d' Q O d' 2 d' ❑ Q w > w O w ❑ M I~ -I w J 2 1 d O w O 2 O 2 O UN O Z O YY O O 0 O N O Y O \ O J O O F- 0 . ❑ . ❑ Ill O ❑ O O ❑ H ❑ O q z❑ q O In 0 0 Z Q Z m Z m Z nM Z U Z dd Z Z z M Z •lH Z W Z .11 Z QO I f 1 W E w b w b W VM W w ww W H W M W J W Y W W >N I Sd I 3 > > N > N > Nn > 0 > 00 > Q > n > W\ > Q > .I > I d Z N M Inn Z UU S n LLO 0 \ KIN Hd' I dN I-IU I N I -I \ \ I d\ N I J `, p m Q m mm Z NN C m JN 2 Q Q6 Z MM W Q I F J 0 01 W Y W W WW J Ff Q W QQ Q � W d' 2 U d' K d'd' d NN 3 d' SE W LL OLL H O .•I O .r .i .I .r o .n .i N o o v ON o I N I O I o I eo 1 1 .1 I oe o 0 0o M M Z Q .r .1 121 tl1 Ifl N e 1 1 Ill 1f1 I b Ill n IIl b M W a Il1 Ill �T V' �1' �T .i v � 1l1 v v Ifl 1f1 v X W .1 M IN N V V Ill N Ill Ill Ill Ill Ill N b �t Ill Ill M I!1 M �t Ill M�t N N O o N Il1 M f Z .a �f M M P .I .I b .I .•� .I o o b O � O Ifl Ill Ill �1' Ill O b P O Ifl O o O ❑O o o m m aom o nr o m o0 a 0 0 u Q .•r .y .1 .y .y .4 .r .y .4 .-I .X o 0 0 0 00 0 00 0 0 a a a 0 0 a u N owl o 0 0 + ..I \ H r N N N o N U=a Z N N o N ZoM M o O N N 0 0 N a o N MNN N N N N N XQ I \ \ \ \ .MM \ r \ \ z\\ \ \ U❑ I Ill O JIll Ill Ill Ill Ill Mm Ill Ill ONIll Ill Ill W N N Q N N N Z N N N UIll U N N N N U N N N N S \ \ \ Ur\\ \ W\\ \ \\ \ \ U N N ZN N N N N N K N N N ZN N W N N N d N a O Wo Wo O 0 oo w o HOO o •-10 Uoo 0 00 X N 2 W N I- Z O Z Z O MO ZO O Mom o Zoo e QO QOO O d'O m o Z o O o o J o 0 o O o 0 Cl W o K o 0 0 UO 0 O Q I 2 W K J U 2 p W LL q Z I W F > W 3 J N 0 Z O CI J 2 N 01 QOZ I O W Z Z Q > f U w u LL I Z Z 0 Q O d Q f Q ❑ J Z P H r d o Q 0 O ti ❑ w d' Q W z J I w 0 Z K NI J > Q I Od'O r 0.+ Ora W.-I .,r .�I ,r Jo �NM Ym q.+ Ooo I -I .r KO N U I pw= l Q.y ❑M .a I ZS zM -IM 0M rM Wll M rrM Wll M Qlll Wlll <MM dill 3M K I W u O M Q M Q M CM m M M O M W M M d M d M H M M M" am W o Q I> O no S o z O S o d o o a o moo N o N o W o o N o H O > N F I O 1 o 0 0 0 am, o oe o 0 00 0 o \ J Z I > r # M NM ❑ r O O O O O O O O O O O O O O \MO r W Cl O O O O O O O O O o O O N .0 O (� Q 0 J I a.. r W o o Z WELL I OU n n b I!1 0 O O N d'QO I Z0 n n o n n a, 0 II� o Omm b Nm P Qd' 00 r Om Om �} n O O.a m .+.•I Ill .4 Pbb O.�I bP N dUY I O>Z I OZ vi 1(l boP O- N O.-I w.4 000 b.a � w N W O H I Z Z a. a" a. O .4 O O M N O m O O v O n O M M o P o M O ddUl> ow ow on o0 omo ow av� oo O.a oct o.. or o 0 1'1 I am O.�I w O WV a..oLL O.�I .+ ON oN Obb oN OP o 1 M iK �O❑ n W m i LLNpr P W r Wit O i o f9 r Z i b a „-i¢ M iLLQ O M NbtO -z wZ I(1 O Ifl � N O M r o O P a l nr I� V M r ti V M P P U ti O 0 0 O r -IN Z � LD 0 N O N N N 0 F � N � Y J M M J W J JN U Q Q Nz M W Z F\\ F J F (9 OZ* = O O N N O W r+ LL O F O q a NU O b(l ~ VMV F MFLL H E F-l-+ J Z. Q M rr O \\ O LL W O Z O Z x > q .-iV.i O RK q O PWx W 0 Z \ Z H-0 Z U Za. QO H JW\Q W W Z\U W WX+ O\ W�LLii WNN3 > LL d > QZ > 0 >Wx \ q H00 Z mm NWN J � MN WSW Z Q LL\ 01 WQZ.y F-UZ Z F-+ QN r WI OF 0( m O ZZH Q O• 0 1 qr OQ.3 oU0 off+ J Hr w Zoo= =yz UJLL LL W' J LL f 0 N N V � mom N N N o 0 •+ NboO NNN ooO .y p Z -t Z aW vvvv avv �n �nw q w -I W U[ IIIN MM .i .r .y �WW b vvvv vvv vvv v (� f bVVV .yNN NNM .y 2 OIf1o0 000 Oo0 O 00� 0000 000 000 O OZ � MI[1 I�h .+V V MMM b U ¢ ooOo Ooo OOo e qWr ooeO o00 000 N W \fr NNNN NNN NNN up \\\\ \\\ NNN H\ W NNNN NNN NNN ¢N Z NNNN \\\ NNN 3N U QNNNN NNN>NNN N .+0000 Ooo f000 �-o X Z N y Z 00000 N000 ZOOO WO PA 0000 W000 0M. o Q i LL J Z O ^r H r H ZrW J K p K .+ 1' r Z • O Q ti U N OiQOZr U 3 Z LL i Z P �r i LL Z 2 w N J r p o o ¢ Q r OCO . ZPoO o U I qWZ i-r000 ..y� - Z 4l![fmmmm J Mmm JXtim U QMP,7,m H->M>300N 0000 oo0 0M 30 NPi a MOM NO o 0 0 0 NZOrN o 0 o O J r cwl QMf w •• W �[t �iMM �t o �t Vof M<O r OU oOMlfl .� 1[I P.�P 023Ur N KQO r Z0 N,:,Mm � mmmo 1�3W> Q0 00l N. . . . PMIl1M LLW) 1 O>Z l N r � � r 'N NON OV.+n M Wof . ZZ O. OOro o..00 ow a Mw.. oN1�=V1� olt V ooQP oW 11uj> I OhO MIS OPmP 0 1? r❑❑ W ; Q m z oI 0i W" W O r (9 r = r a . � z rLLa �wx Y O O O O P P ONMVmIfl .r IflO O.y N O O 1[1 1I1 O O Nl�frbb O o.yb WZ � O O b b P P MONI[IM I�Il1V.yrti .+ O O V V m m PPOMo V .amb 20 r O O O O m m Nf�VI(lOV br•+MPM m O O r .y NVNOP P VVV UO r o ID.y n f` r N.iV 111 M.i .ibm N o O INN M M MPm.yV b Y i 1f1 m m o M Ifl 1[1 V V N M M .y O N r v 0 0 w H q • s a s x � . M r U N a a Q J U J J J \ J W Z 0 F 0 0 Q 0 F 0 N 0 yU2 Q O O K O O 2 O O w O IN O ~ ~ N H 0 H I- W f N w F- ZZ O K \ W 00 0 ILL 0 0 0 M.iM w% 0 Ow wo J Z. U O M O H O w O w O O z O N N w O w z �+ 0. m q m ❑ q K ❑ W ❑ C9 z Z q llw�N<N W ❑ WZN J.i H ¢ Z LL Z z Z W Z NQN 3 Z ❑WZ 6 o H r V W N W Q W U U U U> U LL U U U W W E W 2 W i O i OW W Z S Q >N Ed N > > H > »»» »>o > N > > W > V VQ > W > O\ Wti i Ift J Z NNm41NN 1'mNm.r K J N NYNf.'Jw . .. CV fh' J W \d'\ Z a� �+0 r m O O wwwwlxwwwwwwwwwwwzwww O U 0 .�Q.tiM M. NNm Q R' W W W W W W Z W W W U Z 00 K M r J J J QM W l 2 > K V-1-Hf Hf-OffF-K Z 0 N NmNiFN ¢QQ e ol a o o .. ¢..ara www w K a S 333333�.333tn U U q (D J(q N(� ESE z• 0 LL O bbVM VIL1 f�bbP101 M t[1 MMMMV .y .r .+ e e O r-IO r1OOOOrl rrti rl M O O rl rlH tiM 000 ❑< r Z a UI P M .y e 0 0 0 0 o ti rr r-i N M ti W V V V VVVVVVVVVVM M Ifl m V V V V V 1[11I11f1 a X P P .i .y .y .y .r .i .yP N.yN M .y N mm.N.y MMM W I[I o o r[t Ift lfl N m rfl W .-i .y o 101 itl .+ N .y c c lfl N N VVVVVVVVVVf� V V r VVVVIfI VVV !- P o o Nlf1 Y11f1101111101 m111V.+ M N NCWM= N N N Z V o 0 OOOOOOO o1(loe o 0 o OOOMO oOm m o 0 ooOOOmoOOOO o 0 0 oOOOO OOo OZ r .y O O MMMMMMMI[1111 f.P W. MMlf mm U r i r i r r i i r r r Z r r Z. ¢ o 0 0 00000000000 ¢o 0 0 00000 000 ¢ W J � J J qwr O ao O gNNNNNNNNNNN O o Zo 00000 000 \ f r N N N N N N N N N N N N N N ON N H N N NNN N N N N Y Q l \ W \ \ 6' \ \ \ \ \ \ \ \ \ \ \ K \ \ 0 \ \ \ \ \ \ \ \ \ Jol V WV V W V V V V V V V V V V V 0 V V O V V V V V V V V V W 1 00 ¢ O O f e 0 0 0 0 0 e 0 0 0 0 O o 0 o O o 0 o m o 0 0 2 \ U\ \ ¢\\\\\\\\\\\ U\ \ a\ \\\\\ \\\ U Z O M 0 M M 3 M M M M M M M M M M M Z M M J M M MMM M a M M M 1 Y w W o 0 0 0 0 0 0 0 0 0 o O 00 o r 0 0 0 0 0 0 0 0 0 z HO WO >-U y W m Q O W O O O O O O O O O O O O o W O 2 0 0 0 o O a o o O v ¢� m '¢o Ho Uo J0000000m000 Uo o r.o H00000 LooO . > w Z .r Z. W Z F- > m O Y F N 01QOZm: " J LL r Z ¢ w J J i~i O U 2 K W P H x 1 m 2 J U a m JI1 f K W Q I QWZ I (DO W V Zo SmbI�NM VINO P.ym KID Q1� LLo UO=�O = >1f110. U- Z W Z I U O a O Z O U P P P O O O O O P O P W O 1' o LL P O O P P O O O O O .y r ZS I qb JM Cab QI111[l lflbbbb blfl b lfl mb b Kl[1 Nbbb Zbbb .y r W U O M Q O M O M M M M M M M M M M M W M -FM a M ¢ M M MIOM M W M M M o ar>0 I mo UK UO 1.1 O000OOOO qO WO 0CJ OOOO (�Ooo N l O O d O O o O O O O m=.O O O O 0 MOO.. OOOO 0 0 0 \ Jz> Om=. # O o 0 0 0 0 0 0 0 \MO r w w IO O O o O V O O o O o M E r m I P O ua I P o �c7I J mo, I V m V ❑ ••I W I b o 0 .NN WELL . OU I V MO V.+ mloc f MN C` 1'QDrZ0 O MM ITV NOOOOOONOOOM V OV 1� MMVbPN b Q0 00r b 0. bN NOOOOOONOOOV I-Im ON P .y1�VU11[M Mmmm wog . q>Z r W Onr I11 .y OI-IMMHHHmr•+`+Nm 0 ON 1[1 ONPNmM OSL. WOF I ZZ 00 00 OO OR'R'KK R'1'OK d'Kb O elm O ONNPOO OMMN IL tiU.> r =W OO ON OQQQQQ¢.>>>" O OP O OVmbNb OWWWr LLRU � > I Ob ON O.y O»»».i»>M ON 010 OM OP.y N.'IP OKK 1' - 0113I N � K � O ❑ W YOE aOm I o" w W I U' £I a Fzal �LLa Iwx I I Il, OIll.abMmV mI�VbPb.i V.-rN mO.r .�P1I11I10 P.+m N N N o O N N o 0 Y m PbI�PmMM . . . . . . . . . . .b.n .yNNM m.y ml[, O m m O O M M O O .z w1I1 PbVVblll m f�V blllm MlllOVbMmVV1I1N Mb1�VN .1 n r V V .i 1Il N x❑ M b m.i .1 Om mlflMmP.ab IllmV f�VMMVPb P V V f� t` M M r f` U0. Q� N NC � M rl O N v N M O W U Hu > Q > U N M ❑ a N ❑❑ NU U Q lUi UYY ow Q M Q Q N Q F a 2 O f NZZ Ud'U O OW O N O O N w f U U U H J f f W H W F- f H f £ H N W > U Q a Q U U J U J N Ip M £ 1' J M W££ Z W W W W W K 0 ❑ 0 N a O a J Zr O UWUUUUUU K UCpUUJJ J uuuu M 2 0 0 0\ O U O .� OI ❑ > »»»U fUU>WWOWWJWJ »» p 6. ❑ . ❑ .� ❑ ❑ Z NYNNNNVINWo woo Q Q NNNN 2 Z I Z Z J Z W p. 1 woo N W W Z N Z N W W W Z W x W Q W >N £LL r > U UUUUUUf 1'J NMMM Uc.lU c.la LLc��co l-c...I > f > O > 1 > U > ON Wr NOI-I..... W UQ�WUUI-INI-IMQQN$1-1$N N N WV HU. KUZKCKKI'W❑U r-rNKK1'2'UUNUI N(91'4'1�1' J N W K LLO IrFNF-FHffl-J� M1-Fffy-FNN �r it H�-HH J y J O 1\ 0, U Q U U U U U U W£ P U U U U U U p p LL J W J U U U U W H f Q M W I W J W W W W W W R'w 1' # W W W W W W Z Z LL W W W W f U m N X O H W W> W W W W W W U m U M W W W W W W J J- W F N W W W W M W £ 2 C ❑LL HO •+MN.+NbN.a .y .l .r .r .y ,y .1 V V VNN,CVVV.P. Ill N Il1 0 O b U1 b b b b O O O O O O O O O O O O O O O O O O O O O N O N rl 00 i i r i i i r r i i. r r i i r r r i r r i i r.. r i W VVVVVVVVVVVVVVVVVVVVVVVVVVV. V III V .y d X W 1IlW WIf11I11111f1N rINNNMMMMMMMMMMMMMMMM V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V r 1 1 � f VI111/11I111, U, IIIbmV VI11MMMVVVVVVVVVVVVV b M N .r Z 0000000001111114flo000000000000000 {(l O O O ❑ O I O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OZ I MMMMMMM M1ll 1t11111111�I�I�1�f�I�I�IrlIf1 M V b U r l l l l l l l l l l l l l l r l l . ... . r . .. U 'r rl '1 rl r1 rl .-� '1 rl rl rl rl r.l rl r1 rl 'r 'I r1 rl rl ry �1 rl rl rl rr '1 rl rl rl r1 Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O rl r-1 M rl rl r4 M M rl rl rl M rl rl rl rY M rl rl .-1 nl rl rl M rl ti M M rY rl r-1 rl .y rl rl rl .-r .-I ^I rl rl rl .4 ^I rl rl rl ry 'i 'I rl 'Y ti ^I rl rl rl �4 .4 ^I n rl ❑ Wl H O O O O O O O O O O O O O O O O O O O O O O O O o O O O Cl O O O \ H I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U p r O V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V N V V W W O O O O O O O O O O O O O O O O O O O O O O O O O e O O o O Z O O f U p. OMMMMMMMMMMMMMMMMMMMMMMMMMMMM M 1'M I-IM M W Z Y N F U Q Z Z ¢ ¢ 0 0 0 o O o 0 0 0 0 0 0 0 o O o o O o 0 0 0 0 0 0 o O o a o ❑ o c.l o O Q 0 .. .. I x tti ❑ Z w Lo Zlw r s N OIaOZI a J O £ LL LL I Z • W J w U P H l LL 6 O U J r p wH V Z J W Z Q r OKO I > > KOOOOOOOOOOOOOOrI00000e000NMV10 Elm all, Wm Z. O U I❑ W Z I O W P P P P P P P P P P P P P P P P P P P P P P P P P P P o 2 0 O X 0 Z O £ rl IZx Z LLIIIWIlllllllllllllllllW WNNIII IIIWmIll ll1 NI11 IllW MMMMM U'M oM Xb Wb ❑ .y - I W U W £ M M M M M M M M M M M M M M M M M M M M M M M M M M M M H M O M W M W O Q I>] 0 M O O O O O O O O O O O O O O O O O O O O O O ... O O O J O J O Z O fl. O K N I O o 0 0 0 0 0 0 o e o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \JZ1 > MPt+ I # OM'J I O O O o O O O \ M O IWME O o O O O M O O O fJQ 10 I O P r M.- W bV'+ VOPOPMIIINbb N.yPbVMm MIS m PNNNV N N WELL r OU f� Pm OI�NMVNVMOf�VNVN.-101�1f1NPbM1I1m1I1 .IP 00 M II, 1'QO ZI-I b bmo.l❑P OI�II1 IlIM bPmV❑Omf�VMPMMV❑❑❑M Pm ITV VIII V.y 1I1 Q1' OOI M NIIIMOOPmVNVVPIfI m IIIOVVVNbIII .-r .+111000V ISO Om wo�lzz I❑>.Mr0 RW.lw" olorowm O 14 dLLUr> I o OIfl1II1I1>lll ll11111f1121I111I11I1lllW>Il1 NIfl N 111111111111111»>1I1 O.y ON oP oLL o � O p W I Y r I ¢ w N Z I O I W.O. . W � HO I a �rz � LLQ � W 2 Y U r I W Z I 2 0 U O � EI a1 0 N v 0 M 0 i W r Y U W 2 r U N H J Z � O � J H H > N E d zv HurI ao 1 o p � W z• OLL r O 00 Z Q W a x W r 2 O O I pZ1 U U a W I qW1 \r1 Y ¢ I W r 2 r W M Z O Y Z Z ¢ O m O H H 1 0 2 I W UI III 0 I E. O I W N O I¢ O Z I d LL I Z Owo P H I p• J I K 2 Q Iowz. Om Mo U I p W Z 1 L o .+ I ZS ❑b W U W M O ¢I>O d'O N r 1 O o \ J Z I > O M p I O O \ M p I W O M E I N o UI Q I J I w W WELL I OU K¢O I ZH IIIH ¢s >z rH wo1 z>Z I M- W O r I Z Z Om R• u I W. OW LLaU I > I oLL o O O o o O o O o o HH N I�rpt`PO1�N N�t`r p N N O o 1I1 O O O O o O O O O O NP rl mmMQI I�UIm Phm mtO M �? �} O O N 1l1 p M M O O 1l1 N O O NP N MMPMHI�M PIIIHMM P m m P P I� r r � P v v I� r O O 1I1P 1I1 �t'v HvHlllvvbMv�t P M M M H H N �t l� H N .•� M O O N N N v r Q N Q Q r Q ¢ Q 6 ¢ 6 ¢ In E r Z r r 2 r N r r r r r •+ O ¢ O O o O O O Y 3 Z o o O \ p r r S W O r P r Y r M E K W E Z 0 O K Q K LL K O K W K Q K N w >UI U O U O O U O E O q Y O E H W N Z O M O E O z III z E p p H z ZPD= z I z E q \ J Z 1� Z Q Z J Z m Z Wa Z ¢ Z Zp02 Z O Z O Z N ¢ W N W x W Q W b W W= W JUUQUWOOVI W N W N W �"� Ifl H 1I1 mN JHY NNLLN w N J r f a O m K O m ww M.' Wzzoz. f. W O U r Q ¢ r Q W W (L H a W Z Z O Z H P H J K 1 N S r N 2 rr NOOHOZWHN w o H w ¢¢ mmp�sxmxw>mb a ¢ o 2 1' Z S K 33 LLLLJSLLaf�LLNQI��t u a u O H M O H b N M v P N N N N N N N v V M O N H o o H O ,tip HOIl1NNNNNNNoo -o o N O 1I1 M O Ill Hb MOMHHHHH H.4v �i O H .� H v Ill H v v111 Mvv vet �i V'�f �?�1MM M m v M H .� M .-� .••I .� .� H H H 1II 1Il III t[l p H H H N P H b 1Il .'� b Ill N M Ill Ill Ill 111 H .-� H H H N M M H O N v 1I1 �t �t Ill vet �1'�tvvv�i �lv v�1'vv Ill N v MO HWIIIbOMOOOMO. O O m o v o o ul ulo OOOOOOOOOMMO o o In ooa0000000e0 0 o O III I� MMMM�?�?vvvlll l�l� O O Ill M M M H.4 .iM H.4 Hi -I rIM rIM.4 .4 O O O O O Z O O O O O O O O O O e O O O O O O V .4 .i .4 .4H......... Ill H .4 H U' Z.4 M.iHHH.4 O O O O m O e O O O O O O O O O O O O O O O r O O N UN N N EN N N H N N N N N N N N N N N N N 1' N N ZN 0 0 0 o a0 0o uo00000000000 o wo 0 r M W M M N M M M Z M M M M M M M M M M M M M M Q M J O r O O WO MO =_ O O O O O O O O O O O O W O WO H O J S Z H O r O O r Mo 00 E00000000000o mo ro zo U o N O o 0 00 O o 0 0 0 0 o O O o 0 0 0 W WLLO LL LL H O O H N O 2 N r K J U N N W Y K ¢ r LL Z ¢ U H Q ¢ etl W U ¢ 3 Z r r J Q 3 O O Ill Mo Mo Jb Yob wOOOOOMMMMnrr I Wv NW O o u O K o ¢ o K P o W o O o o O o e e e O O o W O r o m m O b U b ¢ b U b ¢¢ b J b b b b b b b b b b b b E b H M Om W M S M O M - M M W M M M M M MMM MMM M H M Z o " O W N O O r O O O O O ... o 0 o O r O O K > O 0 0 o e o0 00000eee0000 o a o O O o O O o O O O O O O O O O O O O n N O O O O O O O O O O O O O mmmt0 ma0 m a0 a00mm P �i b v O Ill M O N obbbbbbbbbbbb bP MO Of� M �1H H Ill I� Np NI(1 p 111 111 p 111 111 111 N111 1I1 I� bM PM O �1 O r O ~ � H H O O Ii1 IIl If1 111 111 111 1I1 1I1 1f1 1I1 Ill Ifl O !` O O N r III V' 0.4H M000000000000 N OOH N OH OW Om Off? OIIl IIl 1Il 1I11I11I11I1 Ill 111 lllpp OH Oh O b O H O W ON O.N N O b b b b b b b b b b b b O o 0.O 1� O N O Z O LL O M O N v O N N N N N N N N N N N N O P ON N O 1� 0 15 ,op W W +WFrOI P Iwx In P P o 0 0 0 0 or w z 1 n .. r r m m +o In eo x� i M P P O O r r 1I1 OP uo v 0 N \ v 0 M O W f � Q � N U H 1 W P F f v om+ x o \ 0 � o 0 0 0�. N N L N N 1 K O K N K O M* O O U 0 o Z O z W+ N Z Z z J z Z ¢ O F W W O W Q W Q w x* > N S LL I > > > U > S > W>k O\ W Fr w N Z Fr w d' W J LLo FrU > O J Qs. d \ N w m 0 >K F-LL i F-O 1 N o o u1 H N O N O ON ~ Z ¢ O w v v v q a z X ltl P M 1[1 Q W O b p F + N o N Z o 0 0 0 O Z+ u. v O b v ¢ o 0 0 0 OWI o Uo 0 0 N Zv v UQ v W Oo O p o M M U Q f Q M N M Q O J O O 0. Y Z U LL O Z K o o O om m O ZO WO a xo v Q I LL U Z U r N 1 M x F Q f lw w p Ifl Y• 0 1 Q m 3 N O. Q O Z I U u W Q LL I Z • 1 N N P LLI Z Z N J i K 1 O O Z 2 W Q 1 OmO l N NIA Om Om Jm U- O W Z I M M m Fr O m O WO .r 1 Z x w M M N b J b K b .r ^ i W U W W M Fr M Fr M Fr M o Qi>O > >o >0 30 30 N H i O o 0 0 0 M PFr � dF O M O 1 O O O O O O \ M O 1 W O O O O O MS 10 i O •• W M O W S LL I O U O m b N o v M d'QO ZFr P bP vv N.-1 I[1 QC 00 � N OIL f�Q f�P c w> I- 1 Z2 0 00 0.-1 Om om K KFr 1 WI -I O Orl 00 oW ON • LLdU � > � O O.r Oar OLL OP lop W > O r I Q m Z 1 W W"O C9 z Q p Q a rz LL Q Iw2 IOo01l1ll OM o O=MO in v v o 0 0 o bm v IIt LL1 0 Y NMbbbMb V OOMM O O O III 111 O O If10 0 o N o 0 Wr1 b �t �t M M O O O O WZI P P o o r1-r m 1l1 Ill P P b 2a - PbMNrPN o Po.ati ,ti V V 1l1 Ill I!1 111 OV N O m O m M b b M N �p U O I V O 1(1 .y Ill O 10 0 .•� N N N N M M M .� N Q 1 .a .•r .a .a V N 0 N O O M O W r a Y U J J J J J J J J J J W 2 r r r r r r r Z r r r r U O r O O O O O O z O O 0 V1 U U> U U U U r N r r r r r r O r r r r r J J J J Y L J Z I mNNNmNVI O rrrr O W O a O 0 00 O O O O LL O LL O D 1 Jr4 Q ZZZZ O S 0 O m 22 O q 1-i 0 O 0 �+� aN JJJJJJJ Z WWWW Z U Z K z Z 00 Z J Z O Z w Z K z r 1 >N aQaaaaa w ww: w w I w 0 w w UU w ¢ w a w a w o w �LL ON NMMI-iMNM > > N > r > > JJ > > w > r > r > W., ww 0:p.'wmxww SZE2 W U ¢¢ U U ro: 1 0000000 LL'www ti m 0 LL O H U 1 r r r r r r r O O O O J w Z ❑ q V K K a\ N Q M I-1'rr•1HH'rr•� LLLLLLLL a r m 00 H 0 r r W I z z Z z z z 2 .... m 0J J 0 0' W 6¢ Q Q a Q Q Z Z Z Z Z W Q W Z 2 K 7�0-1�7�f aaa> 0 H K OO '> > ti H �LL r O 1I1 111 1f1 I(1 Ifl Iil r r r r .a M 0 .y .y 1I1 O M M ti ^X rl rl H '•I rl O O O O M qm 2 a N N N N N N N 1111 V V V V M M o b b N M M M w a V V V V V V V V V V V Ill M M M M V V M M X .y .r .a .y P .a .•� .a .n .i .1 Ill .1 m .� .i ti .y W 101I1111�r1NM MMMM .a Ifl N NN I!1 .i 1l1 .y Ifl V V V V V V V V V V V V V N V V V 1l1 V V r N�11ObO�?M MM�t �t .-1 N o cc N O M M Z O o o o O M O O e 0 0 0 0 o m m o o O o ao1 OooOOoe o000 0 o O eo 0 0 0 0 Oz I U I MMMMmm� 1 1 1 1 1 1 11 I 1 1 I III Ill M O M M U I 1 Q IO O O O O O O O O O O O O O O O O O O O rY .1 rl rl rl rY .y n.1 r1 r1 rl rl rl rl 'I r1 ^•I � rl .-I U U W z W .•I Z J .y .� .y .y U .•a .y .1 Q O W I N N N N N N N M = M O N O O N 0 O O o O N O + O N o > \ r r N N N N N N N N N N N N N N W N N > N > N ON N N Y Q 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ Z \ \ \ J U p 1 O O m N O O N O O O O t0 J m m ww ww m Ow m m W W N 0 0 0 0 0 0 0 0 0 o O W o o MOM o 0. .+ o 0 o p 2 \\\\\\\ \\\\ \ w\ \ z\\ \ r\ \ \ U M M M M M M M M M M M M Q M M M M M Q M M M Q 0 0 0 0 0 0 0 0 0 0 o O N O Q O N O O WO U o o e Z Y 2 O O o o N O o 0 0 0 o o H O Q o N N O a LL 0 h Z o 0 0 a O O o o N o 0 0 o 000 o Q o W o Z o o r1 0 � O o O r r Q 1 H 2 W 2 2 m V Z 1 zIw U z K r o I S • I .. E 0 LL u o w v o1¢ozI 0 Z ¢ w p w c�i N 1 z p z z J w Z a N a w N ^ Q m o U W m , J a I Owz 1 Z.1MNVOPe KP Om O H e.f ti V I'm W�? W O U I OWZ I arrrrbbr Ur w Urrrm W. W. QN qm 0.mN K.r Wr pM 0" 2 .1 I ZS >bbbbbbb Nlq IO 1f1111 rb >b Qb Wb Ob UM Ub Hb Q I-1 +1 WU OMMMMMMM JMMMM JM JM EM z"M SMM 2M ZM d'M CM N o ¢ I> ¢ 0 0 0 O O O e a o o O o a a Q ¢ o o Q o Q o Q o a o ¢ N r I 0 o 0 0 0 o e o 0 0 0 o o o o o e o N o O \ J Z I > O P I-1 I OMa I p O O O O O O O O O e O \Ma1W O O O O O O O O O M z 10 O O O Q I M P M P N m .a O M b •• W PMPM r N O w QO.Ou P O P N P N r b N r b b O N V N Z 1 rll r P P .•�P m 1I1 �t r Q d' 00, P 0 0 0 0 0 0 0 cbl �" v v N N m 0 0 00 MP N N r 00 0 0 b 0 P O O 1 q>Z I VmOOOOmm MM M. bb 00 MN M woo W O r 1 Z Z O b b b b b b b O Opp p Om mm2 0 0 mm m O< 0 0 moc�mm O W W o o O b 0 0 0 0 O (YO U . WI -I 6. 0. U I> oMMMMMMM 0»» OP OG N.1 OPP Oft O� ON ON O I O 1-11-1 I-1 r-1 .-1 .y rl O J J J J O b O> O If1 O 1[11I1 O r4 O b ON ON 0 �Oq W Qozi Om I I W"O W 0. U i E i a h- z . Q .w S O O O O O O N N O o O O m m O O M M M lf1 m M M O 1f1 I(1 O Y o O b b O O IIl III O O O o I!1 1I1 O O m m M P N .y r �t �t N W 2 O O .y .� ..r .y b b O O III III 0P p N N O O b M O MM O e b b N N P P O O r r b b .y r r .4r P m 00 O U O P P m m b b III lIl .y .y .y .y .y .� .1 �1 III M M .•I .i L b b O N m O M O W 1 H Q ❑ MI t Mt Mc t .R t M( MI Ik M M( Y J J J J J J J J J J J J U Q Q 6 Q Q Q Q Q Q Q Q ww 0 0 0 0 0 Q W x H F U' F r 4 O O HH O m a O > O O 0 u Ow O J.. 0 ❑ m ❑ ❑ ❑ O O '+ ❑ O m O O U O Nm O Z 2 Z Z > Z Z 0 0 W W W W N W U' U' 2 W d > U > Z > Q > ~ z > > F > > JJ > > ZZa+i > do tiU � Z td 1' U J d' !L K W K1' H QQM a\ Vl z r LL' H w H 3 ww J wwt Q M W LL 0 0 S' 0. w W M 0 f F W W W# o O l W n+ Z a a Z 3 2 Z QQ ZE 0 000 d' ❑LL F-O O �1 M P r M b M r NN r NN. mm O Oeb ow ZQ O M M M N M M M bb mm �pbM mmN IIImv a W v III III .i O III .� 1I1 N M M N .� .y N OOM Z O O O O O O O O O 00 O .O= OZ , O O O O O O O O e 00 O Ommm OZ M M M �t p M O M 1I1 rr III Ommm m000 W Z W I• W J .y .y .i .i .i .� Z .y .y .r .� `r .y .•� .r oW- Q .y .y .y .-1 .1 .-� .y Q .i .4 .y ❑ .y .y .y O>O O O mm O o O o 20 Oo 0 000 N N N W N YQ' J \ ON N N N UN N N > N J N N N \ \ U \ \ \ \ \ x \ \ \ U \ Q \ \ \ UO Wm m m Irm ow fm m m Wm mm Zm Ummm W � Oo 0 0 >o yo I-io 0 0 0 0o Wo I-i000 U W Q M M M M Q M S M M M Z M M M Q M M M M Ze o o Mo Zo 0 0 0 00 00 o U cl000 Y Q 2 W U Z I"10 O O JO QO (YO O O 00 f0 JOOO $ � m o O y 0 6 0 0 o W F z E Q J Q Z. W m Z Z Q m O F 2 W r O . E •O . U m W Q W O J 2 1- W 0 �T . QOZ . Z 6• 2 K K J W U > Q Y 00 u J. O J V Z Q I ❑WZ I mm �1 Wm Zvi fm MN �m W. um mb�? ❑fit wm O. ~ U ZWZ Sm F-V ON Om hlm ON wm NM UM wvv Em (N V� Q ZS 6b wm Ob ZIII LLb db <' Nb Wb Wbb Sb Zbbb F .y W U N M W M OM Q M Q M Q M Q M -Cm S M 2 M M Om O M M M Q m o m o U o U o U o U o um U o U o o U o U o 0 o p N l O O O O o o O O O O Oo O o00 \ Jz I > mP# OMMl O O o 0 o O o o e o 0 0 0 0 \MOB W M S I N O o U'6i O b N b N �MN J � ❑ •• W �1 b N b �i M m O III WSLL l OU N P �t bN MM O Ni r � UIN O M NMmm M KQO I ZO r P rP OI11 Pb Nttl NP MO .-rN . MN M. OMmm M Q0 00 l OM �Tp N.y .•�N 1I1N OM OM PO .y0 rOm If1 .i mmmm O 1U' T l q>2 bo Om M.r OP OM .0 OP Om �1N MOM �Tz MWII N M W O. j Z Z Ow O P o O O r O o O O M O O O O Orb O Z O N N N O dmu.WI-I 00 ON ON 00 Oti MN OM Oft O.r ONN oQ oMmm o LL tLU �> i olll or ON o.+ ow MN or eN o.. oNN o0 olll mlll oo �/� M r d• rOq W Ur r Y i a �rz � LLQ � W S y P P N N Mtn .1 O O .y III Ij. WZ �T �t 1I1 III �n N N N n n a0 O .� .1 IIIO M II MM M O O O O b x❑ M M .+ .1 V N n If1 111 O O P P b b n M O W m N IL1 O U1 O o U O Q � N M If1 N N N 0 N 0 M O W Q r z Q q • • J s r x y J J J J J J J N J J Q J J U ¢ ¢ Q ¢ Q 6 ¢ Q ¢ 6 N Q ¢ w r r J r r r r r r Jr r Z r r o 0 o z o o z z o o a o 0 NU N r r r� r o r z r r r r or. r r z r r z N rr w z z s J z z 0 ¢ o r o .. o a o \ a a o LLQ o o U o o ¢ 01 O ❑ K ❑ a ❑ r ❑ ❑ r ❑ ❑ \LL ❑ q III q ❑ Y z r Z YJ Z Z Z K z z z S' z ❑ z z n z z Qo r r w Z w o w w o w Qr w J v r O > UU > K > r > Q w w w > r > O z > Q > N > > x O\ ww i r U Hti a U Y U w C.1 I!1 do U r U r Ff W C o K N I i z UU ow ((DUE e z z d\ 0r n r x ..x QM W. 2 H N mu NNU 2 LL W O O WW Z 0 # Q Q J J N z r Z J S W W W W W > w £ Ww LL w N ti um q❑r K pLL r0 P N NN N M .1 M IIIb nnv..� p N N 11 l(1 O V b �1 •-� P O O O O O M YQ bb b M M M NM MMM I11 O W M �t 1l11/I 1/1 M �t M MM MMM a X N III M M m M N m m W N .1 M M 1l1 1l1 N I/f O III M III Ill III N V V V V V V V V n v V Ill 1I1 N M V r V N V V M N N N .r 0 .•� O P o N z o 0 00 0 o uI o 00 onv v o 0 00 o e 00 0 0 o O oo On[O O O O Ox r U Q O O oo O O O o 00 OOo O o O W U ❑ .r .r ,ti .r .� .r ,y ❑ W N O .r .a .y ❑ .i .i .y K .+ Z . ti O O O O O £ O o eC o o O o O W o O O \ r N W N N N N N ON N N N > N N N ON N N y Qj \ Z \ Y \ \ \ \ "N \ N \ \ Q \ \ \ \ O \ \ Uq r m Hm J(Om m m rm m rmao gmmm Km Ue ao w o S o LL o 0 0 o Q O o U 0 0 0 0 o O O o 0 x \ u\ MMM \ \ z\ \- ❑\\ ^\\\ r\ w\ \ U M Q M M M M M O M M ❑ M M N M M M UM Z M M • o Y o 0.0 0 o d o o O O O W O O D Q o 00 0 y U z K z z0 NO UO0 Qo 0 DO wo doe QOOO �o Iriio 0 0 MO NO rr OO UO o UO ¢O 00 na OOo ZO o 0 v - z r W r u w f q Q z U w Z o r Y •O r W 0 N W > Q K ❑ 2 N ) > 0 V .QO2i y O J rr y LL i Z U RI J 3 IZy Y 6 � Q W (a a J r O r r r r £ W J p a r QWZ r n ww wmb W' Qb n ^n d'lllb zmwO NP WCO Xe UrZWZr 6M WO wmf Wn SN ZO ow Hmn ZIImm Zn JCO WW .r r ZS rb Nb WM" W" Zb Zb ❑b ZMM QI(IIf M Qb 1'b WM W U Q M W M W M M W M ❑ M O M Q M Z M M > M M M > M Q M W M o Q i>> p o MO q o o MO q o 0. W o Woo W O 0 o W o LL o LL o N r r O o 0 00 o O o 0 00 000 0 0 0 \ J x r > mm. r # OMM l 0 O O O O O O O O O O O O \MO 1 W o 0 0 0 0 0 oN o 0 0 0 0 M£ 10 w O A Q M 0 o 0 O \ J r O O 1 O w •• W NP n W N N M WYLL.OU M NP N. N b PN wM P M N P nb V10 PM KQO Z0 M nN NPN O Mo m. nlfl .n 1I1 r PV.•�N ON QS' OO . mM.m Ob ONE? P MO 1f1 .-I Ob .1Nw VMnn M. OP tib wog lq>Zr Ow Ow OPP Inn Ow NP OM.m O=. Vlllbb m+ bM oV W O r r Z Z O N Ow On n Om o K o n o o q e. M O = .1 O P o f b n R' U - w1-I ov o< MOO ON 0¢ oo ON o.i .1 O000 OP OJ Om LLLLU �> � OM OQ ONN ON O> oN ON o.in OMMM OP ORI OIII 0 i9 v rz 10❑ w I <wz I I I W W •. 0 1 a oa a I�z r LLQ I W 2 I W NP ^I OOoOOOOO o V V O O O O V V o O O O o O Y M 1I. P lfl O O O O O O O O O P P O O l(1 1(1 V V O O P P O O 111 l(1 U I WZ 1 b WP W opNOOOOO N o o .. .. W W P P o o V V Ill Ill W W 2❑ r O bN P OWnOOOOO N M M b b .. .. o O o O n n N N P P UO � .-1 M M 10V NIll Ill lllb0 M N N .. .. M M N N N N Ill Ill M M O N W O M 1 O I I W Q q xi � w � x � � � s • � J Y J J N QJ J J J J J J S. J J J H U O O Z f O Z Q JO O 0! O O O O Q O N O O O N f M f W U' J q w W W o Q LL W w q S S Y rU-1 U 0: Z W o m❑ Z w 0: 0: Y 0: Y 0! U 0! 0: W a > 0 0 J Z. O JJ O I Q1 w QM O X O LL O LL O O O N O O N O O OI ❑ LLLL ❑ Q❑JWW J O J O ❑ ❑ 0: ❑ ❑ Z ❑ Z z Z M= Z W I ."Moo Z x Z 0! Z 0: Z \ Z M Z W Z U Z Z Qo 1- r W 00 W WFO<woOZ W S W O W O W W W I W S W Z W W O\ Wla-I1 > WN > 0!Yw QwW n > U > F > u > F- > N > 1 > '-1 > > wo fp" WW w: Wwaaz N � < IUj a. j O.o I-1U1 WW LLJ W3LLQ0 I- m m (D x a > d\ N I LL LL I Q a 1 1 1 1 1 w H H w 0. w 0 U co QM W I 0!000: 1'0: 0: 0: O N N u Q m Z Q O q 1 QOOQQO W z z l.J ,., W UU xJUSzam< w O > M U 2 s• ❑LL .~. ❑ n n n n n n n n n r N M M N o W N NN OoOOOOOO 1f1 V V 1(1 rl (p ~p W ❑ W ZQ bb WWwwWWUIW b M M b N M M W m W III 111 W W W Ill N W W M M Il1 M V M V a X Ill 111 VV VVVVVVVV V V V V V V V V F- NN MMMMMMMM 10 M M M b V N N Z I Om O O O O O O O O O O O O O O O O MCI O O O O O O O O O O O O O O O O O O OZ U U ...1 OOoO .1 .. n .. .. .. .. 'y ¢ oo OOoo 0 0 o O O o O O U .4 ti .-I .1 .4 rY M M .4 rY .4 .Y .i .i .. .4 n•I .4 Z W .i .. U.i .r .•r .y .�.r .�.. .. Q.. .1 .. .. J .... z............ .. .» a.. .. o. qw� oe ..00000=O 0 o ZO o So 0 0 0 o a \ H 1 N N N N N N N N N N N W N N ON • N N 1 N N Y a ' \ \ W \ \ \ \ \ \ \ \ \ H \ \ U \ U \ \ ❑ \ \ N Um, o W W > W W W W W W W W W N O W w Z W W Ow W W I Woo r.00OOOOOO o 0:0 o Zo 1-10 p zo o U U > O O W o o O O O o O O O o O f O J O o (y O O Y 0 K U J Z WOo Z U U00000eoo o fO o ❑O I-lo ZO rlp So W W' N O O o O O O O o O O N O K o W O wO W O O O H o o O J n Q 1 W J ¢ w 1- Q U J w W z H 2 •. W m N ❑ 2 O z I S •O I H w a J Z U Q N H V 0 1 Q O Z I O K W Y w U ei{ lJD 0 U W Za U CO F 1 U w ❑ \ Q W w W w N z J' w O T. 0: W H O Z W QIOWOI X fVW Zbbbbbbbb V ON ZM V N. TW Ob plll w U 1 Qwz I W Wl. I.bbbbbbbb J.. ZM qM Z• HW C!W NW ow W .. I ZS 0 Wbb Kbbbbbbbb b Jb Jb Qb d-w Zb Zb Qlll O .. .1 WU W h1MM ❑MMMMMMMM QM i-1M OM O:M QM WM WM OM Z O Q 1>] LL LL O O LL O O o o O O O o 0 O (J O U1 O O ( O 2 O 2 O 2 O N f I o0 0000000W o 0 0 0 0 x Oo O o rr \JZ1 > W P 1 # oM= 1 w O O O O O O o O O O O O \MO' W o 0 0 o O O O O O O O O M S 1 y o CO¢ I J I w W WSLL I OU .P. .. P M nN bVl N Nlll b M 10 O O:QO r ZI-I M..O P O o❑ OO n PW n n M V Q0: 00 1 .. onP W Pb 10O bO oN nO o n OmW woO 1q>21 O OIl1P OVPMVNM Mb Om mw Ob MO bP M OM N WOHIZZ o O..V MNNNNNnnn oV O< Om OP M. ob OP M. O 0! U.>1-1 o OOV ONNNNNNNN O.. OQ OQ 011l O.. 011l OV oQ O 0 Ro D-D-U'> 1 O O..P ONNNNNNNN Ob O> O> OM O.. OV OM O'D O L 'Oq W �T❑r� W I W w 0 1 Q Q 1 a .rz ' LLQ ' W 2 Y oMP N a o o.r w O o v v o o e000 o .� 0 0 0o o O o OMb O a o oM M o 0 M M O o oo OO o If1 1I1 0 0 00 0 0 0 W Z I M w b b P P I11 IIl O I[I {(� I M O o O I!1 M I[I m M m P £O' OMP N N O O OVPv m b b b P b O O by O i� r UO' wwM b Mlll m M M N N p Q I N N b 0 N M 0 M O W r Q Y J J £ J J J J J J J J J u Q Q e7t Q Q Q N Q Q 6 Q Q Q W JJJ r r K r U r W r r Xx r r r r £ QQQ O O O w O Y O O JK O O O O rU www r r s r S' r Q r r Mo r r r r rr r N www O w W W W 0 d' r d' w 0 m 0 0 U Z a 0 y a y Y 0 J Z I rrr O O ¢J O W O \ O O OW 1 O O d 0 d6. O O' QQQ ❑ ❑ mQ ❑ J O w ❑ ❑ mzN q q q r w Jw w' £££ Z Z WZ W Z K Z Z ❑r Z Z Z 0 00 Qo r' W W ZZ W\ W w W W Nw¢q W W W W >N £d 1 UUU > > W W > Z > r > > > N > r > rr > O\ Wwww (per Q M m I... owo" H U UU Z m r Wz . 1 K K 1' q LLO w0rrr Z Ma r N Z rrrr J w wx z d\ N'. UUU IN.Z # ZZZZ LL r rr Q O ❑' J J J W W. www# O = LL w ... r0 O z z w W ¢QQQ zW w WWW K NW LL > K LLLLdLL N w ww s• OLL r0 NNN O ww N O o MMVN N M MM O w 1I1 NItl o b0 Ill v o bbblll o v vv o qN zQ bbb o My b M O MMMb b M MM O W Il11fl 111 o vv If1 v M vvvlll Ill M MM N a X www w Nw w w m wwww N w .�w N W M M M N N M M w N IllW N N 1I1 I11 Ifl Ill w vv�? M vv v N N vvvv l(1 v vv M r vvv O Mm � z OOO O 1f10 O MNMM O M NN O O O O O O ❑O 0000 00 o00 0 00 0 0 0 o00o 0 0 00 0 OZ I I�nr w Nf� r O O MMMM O M M M I[I ¢ uooO o 00 0 0 0 0000 0 0 00 0 T W w ❑W� a000 0 oO no o 00 o 0 0o NNNO \ r 1 O N N N N N N C N N N N N N N N N N N N Y Q I N \ \ \ Q \ \ \ fA \ \ r \ • \ \ \ \ \ \ \ \ \ u❑I mmm rm •mM m m am ummmm m 0 MM m W 0 0 O Z O O 0 0 + O o no zo0 o0 0 0 r 0 O o O o w 2 \ \ \ m \ U \ \ Z \ \ Z \ w \ \ \ \ \ \ \ \ \ U SM M M O M M M Om M O M M M M M w M M "m M r o o e O O y o o w o W o O o + O o 0 o N o a 00 0 Y U r > LL O w W Z wOoe Qo OUo "IDo -lo.O qo Qo 00 0 0J000 JO ZOO no r0 No wOmo0 O p�0 00 O ZIW r N -u N O Q Z J O W C o y. I z • O' z N Q Z r Q a Q y pwq v O'QOZ' w w £ o ❑ ¢ a a Q o LL' Z❑ LL U Q o w 1 a z z .+ J . O W N O N I= -I -I IZ.I M Q I ❑WZ I WO w b NOv mf� JN Om Jvvvv v o NMv Ow U'❑ W Z I w r M M W M Z M w m r v um ¢MMMM W M r M ❑ N N O m ' WU gllll[ m Yb Zbb wb e71b b Vllllll mm <0 Kb Wbb Ob w I W U Z M M M Q M Q M M M M Q M Q M W M M 010 O Q I> 0 w O O O 7 O O O o Y O J O J O J O O O O J O £ O £ O O £ O N r. O ' oeo 0 oe o 0 0 000e o 0 op o \JZ' > I M P w I # OMO I O IO.i .4w O O O O O O O O O O O O O O O U O O O O O O o O O M£ 10 1O O O w v'O O (.9Q I Iww.•I J MO U J I MOM No N ❑ •• W Ill N M b N Q J WELL I OU IO�bN vN �oIl1 Ill M N w N MI INN 1I1 S'QO I Zw Ivwww oW PwM b P P P m NO vOM-xw 0J ILO Co. Obbb N" 111oP m v Mo MWwwP N vw 0O. OQ wo' lz>Z' Illo00 N0 MM0 ON Mw Mo O47I P Nlll yr Oww b£ W O r I Z Z O O O O .0 O O O O N O w O O O P P P P O b o O O fY O O w K IL U I W w 0 0 0 0 on M o. Om 0 0 O0. M O M M M M 00 ON Olt. o Z aau l> oNNN OM oNw ON or out oPPPP oP ON o>M o¢ O O 0 O 4 ' b I � W :>❑Z; Q m Z I . O I WIr W I O. UI 12 I a �FiQ1 I LLQ I W 2 PPV N If1 I!1 Oo o OOOmO00rV0000000000 P 0 0 0 0 rmNr Y .1 .y ILl P III II1 00 o UIOOMOOII1mbO o1Il Olfloo0o111 M o 0 o O PP N.-I Wz I rrr .r .1 0o O NOO M Lf O r M In m C; N Or If100 O r m N N o o ObMP MD, .I r1r .1 O O 00 O .nml/lVroMr-IM NebeMNeeem m r r M M bMVN UOI r m P P VV m mN NVbP bII1MM V.I O IIIVr V b b M M Z ' Q' M M r V .i .•I rl ^I rl m .y 0 N O M 0 w Q Y J J J J J 2 J U ' W I MIX HU QQ f U f f F- f f woo m w w W x a J N W W J 2 1 pax O ~ O J O U U U U U U U U U U U U U U U U U U U O O W O m J J J O I N O H ❑ tl ❑ W W W Z > > > > > > > > > > > > > > > > > > > ❑ ❑ I ❑ z a a a LL 2 S Z N N M m m N N m N N m m N N N N m m N Z 2 w 2 >N a a a a „ K W Q W O W I HI > > U > LLLLLL LLLLLLLL LLLLLLLLLLLLLLLLLLLL LLLL > 2 > F > w000 O\ WMI F.fF F Lo .Y 0000000000000000000 Vl H I'm 0. N 1'N 1'C d'R'1'K 6'K 1'K S'R'CKKKK I'1' Q W NWWW d\ .r N I V b V 2 S K a a a a a a a a a a a a a a a a a a a 3 J ❑ U U U Q M W I ### N O m m m m m m m m m m m m m m m m m m m K 3 Q LLLL LL O ❑ I Y Y Y Q O LL W W W W W W W W W W W WWW WWW W W Q W U LLLL w FI-H 3 Jm LLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLL U Z m00o R' OLL f0 000 V PV rrVrrOOrrOOOrrrrOrr M r N1-I .. .. O y VVV o l(Ib OOOOOrI rIOOrl rlti0000i-100 V O 0000 ZQ MMM V MM NNVIII lI1NNlf1 IfINNN NIfl II11I1 N If11l1 M N bbbb W VVV M VV MMMMMMMMMMMMMMMMMMM V M 1I11111I1111 x W I r1 ti .-I IIl 1I1 I!1 M M M III 111 I11 I11 IIf 1I1 I!1 III If1 I/l IIl 1I1 N IIl 1I1 N ^I ^I .y .r Ifl lflm m VV VV VIfI IIIm NIII IIIW NmWMMWMOIII IL1 V VVVV I- I 000 M III III .�'IMNWbNPOPP O.1 .iNMb olll o V .aVVV Z 000 r•I 00 OOObp O�-INMMMVVVVVV1f1 lI1 o O 0000 ❑O I 000 (O 00 pOOr[O mfOMmmmlO fp mQlm (Omm O O 0000 OZ , 000 MM U .-I rl rl rl rl rl .r rl rl rl ti r-I rl rl 'r rY .y rl rl r1 �I .1 rl rl Q O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ILI IIIW V .r .a .1 .I .IVVVVVVVVVVVVVVVV IL1 .1 .r.-I .-i .1 W .1 .4 .y .1 .� .i .� .i .1 .r .4 .i .1 .tl r4 .i .1 .� .r .•I .-I .i .1 .•� .1 .y .d .y .4 .1 rl rl rl r1 U rl rl rl rl .r r1 rlr-I .y r1 rl r1 rY .r rl rl rl .-I rl rl rl ' ❑ W I O O O O J O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N J N N N N N N N N N N N N N N N N N N N N N N N N N N N Y Q I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Um, m m m m UI m m m m m m m m m m m m m m m m m m m m m m m m m m m W o 0 o m Z O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 \ \ \ \ Ir \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ U W M M M UM H M M U M M M M M M M M M M M M M M M M M M M M M M M M M K o O O 2 0 2 0 0 $ O o O O O O o o O O O O O O O O O O O O N O O O O O Y I r O w Z 1- 0 0 o O O e o o e o 0 0 0 0 o O o 0 o e o 0 0 0 0 o W O O O O O r Q I m 3 O O o Z O J o e Z o o O o 0 0 o O o 0 0 0 o O o 0 0 0 o O Z O o o O o J �t I W I -I m Z J Z 0 I W N I- I- f W W O o K I E •O , > J IX J m 3 LL V O I Q2 1 0 O > W LL I Z. Z m !L N d. W ❑ Z z JIy Q O O Q.Owo. F.-INM UV OVV UO.IObrm P.aNMMVIfIVbrmPN O.i F c UV.N. U I ❑WZ I zbbb .+ U••..-I bbIl1VVVVIl1 IIl�bIII III bIII III If11t1b Fm mm NNNW .1 I Z S n m m m Q b m b b b b b b b b b b b b b b b b b b b b b W b Y lq LL m lm m W .1 I W U I O M M M N M O M M Q M M M M M M M M M M M M M M M M M M M h1 M Q M LL MMM M o QI>❑ Z000 20 Zoo Z000000000000000000o Zo o0 00000 IN H I O o o m o 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 \ J Z I > m Ph1 I # O M B I O I O O O O Ill IIl 1I1 I!1 Ifl III If1 II1 IIl IIl 1(1 N M W WWW W M O O O \ M O I W O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0000 J' O O O O o O O O O O O o O O O O O o O O II1 O m ❑'• W OOOOoo0000000000000 OII1N Ifl WSLL I OU I .n M.i m ONNNNNNNNNNNNNNNNNNN IIl M cmN mm 1'QO I Z0 O I bPP II1 b Vb VIIfVIil lfl QU 00 1 Clf m O mo i=, .=000000000000000000 O cc l=,NMCm wo',Z>Z' �?rVP NP OOO o0000000000000000000 .+ l=,t ONrVN WOHIZZ OVbV OP 000 o O OV 00 IWrOi ONN Ob OImmm O LiLuI> OP NN OV OfO1I1IAA 'J17L r I� IOq W I } O H I I Q N Z I I O.NO I W I W f•I O I (9 121 a -qa a �rz I LLQ I W 2 I v �pmn P O O P P III 1I1 O O O O N N O O �0 `D O O O O n n I I Z I Wz ^ n O M m m .i .1 P P M M o O M M O O N N O O v v P P I 2 O I .a .1M P P n r �D `O 1I1 IIl N N N N r n o o N N U O w CI N N .1 .tl III 1I1 P P v 1i M M rl rl O N m O \ M O W Q Y J I-i J J J U W 2 f f F 2 0 O LL O O O f U N F N W } J ~~J J z l O O O Q O O OI ww0 ❑ 2 O ❑ J .+ I•� I W W a N Z z Z z Z Z Z w w w I- w w > N X1. uuNw > > > 2 > > O\ W I W Z 0U LD ao I~W-lu I zmuz z H ❑=.m Z w QM W I O O I W W LL O rOi j O OLL M I I GOON O M O qN z6 N`D N V WLL 1I1m1f1111m1II M 111 W x v vvv v v v I tv Nv N z Z Oo0111 O O O O O I o 0 0 0 0 0 0 oz I U ¢ 0000 0 0 0 qwl o000 \ H I N N N N Y Q I \ \ \ \ um. m m m m W o 0 0 0 U M M M M 0000 Y Z O O O O m o000 r ¢� v z I w a t OI¢OZI W w I Z O o a W a I OKO I "WWNIII U I qW2 I IZ2 LLMI/Imm I W U LL M M M M O Q I> O 0 0 0 0 0 N f I O O O O O \ J Z I > mPr I # o M 0 1 0 I o \ M O I W O .I .•� .+ .I M E I N o 0 0 0 O (9Q I 1 0000 J I Mm�tm ❑ •• W .i O O 1l1 WI OU . zaO I z0 Mw 0.omwmin wo. I q>Z I ONN.v W O h I Z Z m m m m a 1' U I W I -I o 1I m II m 1 1 U l > I O II1 III III N o e o N N N m m m O O O M M M O o } O 0 o Qo 0 o ao 0 U 41 NAY Km iUi .+ m K m Z1 2 N I b H III S M Z M Q M 00 0o ao 0 0 0 O O O O O O P O N P N My �p0 mr .In MP �?O OM MO 00 O1I1 Or O r•I Oo ON o.+ or om Ho w O K ❑ m q m K `O W M LLo 0 O O O O � � s � • a a Q Q Q Q X a Q Q H F W 1- f U F• f 1- 0 H O W O O O O O F Z W p• K 2 K K LL 1' O W O z 2 0 O a 0 O J p q J z 2 Z W z Z z 0 Z Z Z Q z Z Z I -I Z Z Z W W N W W W Z W W W > O > W > M > z-I > Z > N > Z U N rU Ir W N O W N Q I -I LL LL w W U Q j ❑ U � r E N o I[I n o In .•. M .+ .1 N 1I1 IIl �0 1I1 III N .I .r 0 o n o 0 0 �0 M rl O v v Z z rl �4 rl M r4 0 0 0 0 0 >o Z 0 Z .+ r •+ .. w .. u W O o o W o Q o aN o rr S N N N N O N E N N m m Wm Om Lm O •O 00 O p•O LLO QO O U\ O N \ Ir\ Z\ f\ K 2M JM UM LLM I-IM NM CP MO MO O O O Z z Y Y K Y So O fo wo w wm U. Z. Z- Z o mo U w z z > > m a z z > U } J d Q W W W N Z d 2 ❑ ❑ ❑ 3 ab O N N O Z M Jlfl W Z z m zo co v v ww w m W. w .. W. w .+ w Q61 ❑�C LL�C >N >`D >`D N JM JM mM wM O LLo ao Ko um K= Ko K 0 0 0 0 0 0 O O O O 00 O O O O O O Orl O O V O m O In M o v N n�o nm r `an .yP v M N MO M'I Oo vM O wm I[11I1 mm O rl O'I v O rl V O ON Oc On Ov OO M. OM ON OP OP OI O'I `• O Ov ON O•-I oN OP Oti 0 Vl Ow W �6N2� Q O Q a � z � LLQ � W 2 OMNMM M O O P P M m M M .+bPVMbnNbMP M Ool(I lllOb b NO Y O M.yMb V O O N N N 1(1 rl 1(1NNn1I1oVP0.y a0 N OOPVON N Oo WZ. IIIb b MMmeD M O PPMbPr O V.r S O I N V b P wwwo V b b b b b N W M M M O P M b b 1l1 P V V N b V 0 N b N U; M .+ O M b o b b N W O Q NN. m M O N M O M O W � N Q M T � Y J J J J Z Q O O O 0 0 F ~ F-U f" f Z f H NNNNNNNNNNN 0 0 r J.yN U ed WWWWW WWWWWW wo QO(D#* 0 K M K w w x w M.r..... hlti.a .i w WWWWWw w WW J z l ozzn# O O K O 0 0 O JJJJJJJJJJJ O UUUUUU O wo .� O NWwxm z g K q 0 q w q aaaaaaaaaaa 0 .r ti.�.i.r rr 0 NN < a N N K K Z Z H Z 0 z a 2 a s= d a a d a a a d Z » » » z Q Q > N E d LL 2 2 a a W W \ W J W W >>> >>>>>>> W w w w w w w W d a ON W" l Z o o J J > > J > O > > N N N N N N N N N N N > W W W W W W > ww f=. JOOOQ O .Qa U z 000000 NN Ma Q W W W W W W W W W W W Mn .+U dxxfF z w .i w UUUUUUUUUUU onNV.+M MM a\ N ow.. O W J (,q.a .r w H .a .r H V M V V b 1I1 Q M W l Z 3 3 d d LL F M LL LL LL LL LL LL LL LL LL LL LL ###### MM O o f W O O Q Q W Q U LL LL LL LL LL LL LL LL LL LL LL Y Y Y Y Y Y W W W (gJJUU w 2 a U 00000000000 HF-f HFH LLLL K• qLL f0 ennnr o N cp o .+.ion.y .y N.y .y .1 .y OOOOOO OV .=a== O I(1 O �} OOMN0000000 qN W Q IN N N N N O b M N b b b b b b b b b b b M M M M M M O M a MMMMM O q V V MONgMLA {(. . . .tr VVVVV . MV x I IMMMNN .y .i P V MMIII IIIV V.'IMM.'1M .. .I .y .r .�.r w I I bo000 N gWNMIIIM y mm litilt v rnrr M V V V VVVVVVVVVVV I(1 1. f . .N. N o V M V OOOOOO =0 Z I N N N N N 0 0 o O 0 0 0 0 0 0 mm o a 0 O o 0 0 0 0 0 0 no, O O O O O O O o O O O O O O O O O O O O O O O O O O 00 OZ, bPPPP .i n Ill N .1 .+V Vl[11I11flb bnn OON000 VO U U .y M b m b 6 =Cv== o 0 0 o NNONONNOONO OOOOOO 00 .y N N V V .i N N W M to N .y M W 7 Z W0 O N rY a Nf- .+N=N o o Zo N 00000o0000N oN0000 00 N N N N N N N N O N N N N N N N N N N N N W NNNNN N N N Y Q. d N\ N\ N \ O\ \ F\ N N\ \NNNNN \ N > NNNNN N > N\ U q O M M M M M M U M O ow M M DD M M O a0 M M M M .+ M M O M M w U M W W O o 0 0 o N e O o O O O O O O O O O O O N f O e N O O O Z o o 2 ='NNNNN N TN N ON NN\\NNNNN\\ ONNNNNN W\N U U M M M M M M J M M M M M M M M M M M M M M L MMMMM M U M M O O e O O O = O O MM w O O o O O O O O O O O O O O O O O O Q O O Y Y w 0 F Z W O O O O O o no N o Z O OM Q o O O O O O O N O O O M O O O 0 O O 1 O O M U O O O O O O f O O O O O O O O O O O Q O O O O O O N O O M . > e8 O Q N Z- W W W M > V 0.QOZ. N (Q.1 za a w a F O ... d 3 U = ry W N N W J l K O J Q- O K O. Z P b w mq J M S V q n S V J P P P P r m O .y P V P i V MO b Wm .+ W b U - OWZ . M Z. HM =OONONNMMONN Zbbbbbb � Z= WMMMMM Qb Hb Mb MM 6bbIIIbMNILIgbMb OMMMMMM Zbb N " W U O M M M M M N M 2 M am am ( M M M M M M M M M M M F-MMMMM M n M M o Q,>> a' O N O O O w o N O N N N N N O N O O O o O O O O O N O O O O O O w o o N H O O O O O O O O o O O O O O O O O O O O O O O O O O O am \ J Z I > onM -# 0- O O O O O O o O Mz0 1 Iw o 0 0 0 0 0 0 0 NUQ nMVNNVNN.ynM J O PNMPnrP.yPMP x W M M Z wNNNWNNON N.iO .t- OU o V P.+ MP .y IlIH M1I1 .+P N.i .y IIIN M.iM P M Q KO' ZOO ON.y .�.1 .1 OO Vb NM MM OnMPMOOnOMOM VMMV NIIIV =MM a CJY O>Z N..... V. ON .y0 MV OPOPOOOPoo00 MVMWNON O.y ry WOF.Zz OZZzzZ O# OV Ob OM OVIfl V Ifl lllq Vlll l(11f1111 O..i O.+ M OMM w M. . W.a OQQQQQ of ON 00 Ob NPPPPPP ONN d a u b O n n n n n am ON OM o r o M M N M M M M M M M M O V V V V V V O V V 0�"v4 P I K r O O W } O Q NZILOM I W W.01 U Z I Q I a .�z LL Q I WE O n n 0 0 O 1-I O n M P b m M b o 0 0 0 0 0 0 0 O O O O O O O O O b N Y O P P mb �? b b OPObP N�1 M o0000000 O 4(1 1I1 OO0000nv W W Z I I n M M b n �t III {(� O N n V N m Ifl .•I Ifl 1111[I o I11 �t �t Ifl M b b O M If1 N Ifl 111 N M 201 M O O M m m onbV�1NN m blflnvbMMlll N M M bbI11 ..NNob UO r M M N rl O N 0 M O W F Q W Z * � Z 1-I U Q Q Q Q J J J JL w a 0 a' F f F J Q Q W 2 F O O O iOi I -I FU f 2 f ME f F- N Z Q W YY K F- C ❑o W U zU Z W F- X ZZ1�-I-I ZZzHf J Z O Z O as O z O Qq O F- O U O K O U I'. f. IrZZ O q z .. ❑ UZ n 0 O! -Ow' - q W ❑ QNWQQQZZ J "'I Z a Z cc Z Q Z hIWwww Z WF-<Wpwoh Z J Z MWmmMZUU QO f 1 W U W 00 W Z W =WQQW W aNWWJF 0 W Q W KI•r JJ O\ W". > N > ~~ > > Y.W q❑p > WNamzow > > Y.WoYYaa q U U } a J Q Q Q } a W Q a 0 W 1 a "lX W W W Km Ha' I Z mm Q m UUU W mmuum I -I QNHKQQ a\ "N I J MIX E 11 n...OW QY M. 00 q aMwWiL f �� I Z Z WW W z z K a M W J a Z n 1 a W. I I z z QM I W. m Wo X 01 WMIX'{. 0 m WOMWIX* m mMW I mmQQ O ❑I w ME Q ..aaQQ1-11-I -aw==OwF W WQWmWWJJ W LL H E ommmmoo JJm=mumo LL LLUQLL ILa K OLL O v M M v b m M M M b b O P N O o 0 0 0 n b N N N��N N O vv o vIll�tvv N1I11I1NNNNN o PU11I1mmmnm ❑W I Ir I 11 1111 Z Q v M M v b b b b b b b N M b N N N N N N W M MM M IIIII mmmmm vvlllvvvvv M MlIlmmommm a X .r .r .-i ti ... P ..•I N w M 1I m rl MMMMMMM WIIIII m..NNN rn mIIImmmm MM v vv �t �tVVV'�Tbv vv�1'�T �tvvV v vvvvvvvv V N N m M M M M M M M �t 11 0lm 4=, lA lA 1 N �t 1Il 1I1 1I1 1/ == = z o 00 0 0000000 omoo oln ane o 0000e000 OZ1 n MM lIl nnnnnnn MMmMIII 1I1m1f1m1I1 n MMMMMMnn U 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 U .•I .•, .-I .-1 .i .X .•r .1 .i .1 .r .y n.1 .1 .i .i .X .r .•I .y .y .1 .-I .-1 .1 .r .X .r Q O O O O o O O O O O O O O O o O O O O O O O O O O O O O ."1 .�.1 .. .. .4 '1 .. .. n.1 .�.-I .. .1 .1 .1 ti.y .y .q .. r•. rY .. .1 .. 'Y .. .lm � =n .... .... ........ m.. ............ .... Owl o O N U N N N N N N o O o 0 0 o e o 0 o W O o 0 0 0 0 0 0 0 \ H I N N N U N N N N N N N N N N N N N N N N W N N N N N N N N N Y Q 1 Y \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ J \ \ \ \ \ \ \ \ \ U q 1 U m m m K m U m m m m m m m m m m m m m m m a m m m m m m m m m w Z o 00 po Soe0000m om00000O o 00000000 U w M M M Q M M M M M M M M M M M M M M M M U M N MMMMMMM M Y Q o 0 o W o W O O o 0 0 0 0 0 0 0 0 0 0 0 o O W o 0 0 0 0 0 0 0 z F O > ~ I..I O 400 J o W g o 0 0 0 0 0 o U o 0 0 0 0 0 0 0 (Y o a o 0 0 0 0 0 0 0 0 0 W O u O O O O O O O M O O O O O O O O W O M O O O O O O O O n Q I N XN U v o Z 1 z o X. E . O. W J m K O Z q N �t OIQOZI H X K W Z N Q J O Q O p o l 1 a w Q o z m z s w J 1C I Z K N W Z <10mo. WCU 1 Qwz I J W. a..N NN ..N M�1Nbn }CCN I ""P KO• QMnmPVIIIbO .y 1 ZS z yip DO v Nm NMMMMMMM mmmt mmmmm my Hlll�t�t�tllllllmm Yb aI/IIIIIIIIIIIIII/ m OIIIIIIbIIIIIIIIIII m qb ZIIl III 1I1 If11II w fn I/I .. . I W U O W M S M M S M O M M M M M M M a' MMMMMMM M Z M f. MMMMMMM M o a 1> O N f 0 f 0 0 f 0 H 0 0 0 0 0 0 0 H e 0 0 0 0 0 0 0 0 0 > 0 0 0 0 e 0 0 0 N 1 O O O O O o O O O O O O O o O O O O O O O O o 0 o 0 0 0 O \ Jz 1 > O M O 1 w O O O O O O O O ML O-H o 0 0 0 0 0 0 0 o Ua1 0 J I M b NlbP v ❑ W O n �tPNP�m l bO1IlMbbm�t WELL I OU M N M 1 N N�1' nNmmnbP.+ Ob..MnPPbn NM .. blll lflbb b..n KQO 1 Zl NMO Pb Ibvb0QK 00, lO m M100 m0 omnwwmnm O. Mt nPPPNnNnMPMg 1q>ZI O M,C, O.-l=l00000000 O. NPl7lPPwo-IZ2 v IC, 0. O ON OO W. O.. 0.. .. .. r•I .. .. .. OOOo00000 MN O 1 a'KFI I w.. o oM oN> o.. o000000o Obbbbbbbb ON Ohlw000000 a aUr> 1 O OM oN> O.. 0.. .. .. .. .1 .. .. Obbbbbbbb ON ONNIONNNNN 0, z5 lop w m ¢ VIZ . O W " . N W ImM Q O Q a IW¢ W o V � 2 �t no .ter o0 o O o 0 0 0 o v v o0 0 00 0 0 om Y PO o0 o O o o O M {(1 v 00 O 00 O O OM Ur W Z . O Itl N P P m 1I1 0 O O N N 1[1 Il1 m y N O 1[1 1l1 O O N U O v 0 N m O M O W r a q Z � a a= a a a a a a aw+ £ o LLLL o r o 0 0 0 o UU o > On - cc r r r r r r» r w rr m r UU U LL wo H r2 K K W K K K w 0 MOs J Z Z.O LLLL O J a O 0 O O O UU O Z OZx O I EQ q QQ p W 0 O q O WW O HH q. qw. J.y 1 H 1 UE Z ME Z Z Z > Z Z Z W W Z Xw Z X ZLL QO r J W W Q W W W W W LLLL W rr W U WX+ >N ELL LLY > ww > LL > O > > J > > UU > W >WMr O\ Wry l WIX 00 ME ww mm rz r ¢ 00 r P Z H ME JJ U J r LLo "U l rLL 00 LLr p y 00 WW K \ y Z W W o H W Q• Q p O J W 00 S' .�i y r Q Q W w Q O x W LLLL QQ Q O E QQ ME R r c• r0 Nit .+.y 1t1 o n N oo nn m F Cl O O O 1(1 O O I(1 O O O O N O q y r ZQ m�T MM M O 1I1 V 00 NN M W NM mm a Z Q w M M NV Iil N 1I1 M M M If1 M N N N v v v O r �tv NN O o H M 00 Iffy N Z o0 00 0 o v o Oo 00 0 mp oo y m0 o m o 00 00 0 02. nn IfIo o .. n oo Mn Ill U Oo Q � = .r ti Q .r .y.y .r Owl o o y o o e o W O O U o m o o O Y Q \ \ y \ \ \ \ Q \ J \ > \ \ O \ \ \ Up - wow U m m um W O o W o o o e U o a o W o O o O > O Z \ \ y \ \ • \ \ O \ \ y \ \ Z\\ y \ U y M M y M M U M M y M y M mm e M M M WOO Q O O Z o O wo O J O O M O O u o Y r Z I ¢O1 00 o O QO r0 .Qroo yOo rZ•1m n ¢' m Uom 00 .o O Qo y0 (•100 U00 wm v o 3 r Z Z ry w Z- W i 0 Y W K U Z r Z a W- E • O i y w 3 W H �t OQOZ� Q K U U O W 1 ZLL W J W Z J ¢ LL J .r J i 1' 0n 6 U Z W W Q I OWO I Q.+N �MN W-i �1A .Ifl W•D Qo.-1 ONM U� U l OWZ l rmm O.e. Wm J..e Zmm Zm .y -ZS ZIlm rN JID mm Omm OIll .y .1 WU .•.MM QMM QM pM WM £M MM OMM OM o ai>O >o0 300 30 30 30 3o 3o0 Yo0 Yo N r O oe oo e o 0 o Oo wo 0 \JZ > 10 =m x Ma. w O O O O O O o O O \MiW O O O O O O o o O J 1 m ti O O •• W N 0 WELL 1 Of..l tomb m n Inn N be KQO . 2c Mlfln N P ADO N�0 1[1N cmm Ovv o mo 00 l NMm N m MN O.i vn vMM ..nn N.+ woO 1 O>Z 1 NPP omm MP MN �pw Vb = 3 1 WMM p.. WOr 1 ZZ O 1 OI[1 On 01 e0 OP O 1 00p 0, 2' 1 WN OMM v� On w O.•1 00 OOO 000 0.1 LLLLU l > � oNy mow PP ov o.-1 om o.i .y omm o.l P .+ N O 1 N m W o r f9 a0 LLo rc w a U � � Z F- Z p r W 1 O U� U W ow r U . a I 1 z 1 W . WLL r > W � C 1 1 Z W Ef i WZ+ y O r MO - WO, 1 �Er mal N q i r � 1 r � W r W U z � W O LL r > 1 y 1 2 •O� K 1 N 1 F- s Y a a m W 1 Nf r E 1 T 1 a a \ U O r U 2 1 1 W 1 S U r w r 1 1 f Z ool uzr �Tu M 1 � It1 K � S 1 olr O r-i l a Z I Jr O� P a r U w Y d 1 Y ar yZH1 2 u m or1 a + �lr m \ Z r = y . M Dr+ r W I O NPR r a, (p N M r a r a S a r 4 i LL f9 J 1 WELLry J w O 1 N a W 6(DTlq 3 WOf r Z w w M m O LL LLU1LL r e `ems 4 4zo Qu&rcu c� cFp�S�` AGENDA CATEGORY: OF BUSINESS SESSION: _ COUNCIL/RDA MEETING DATE: March 15, 2011 CONSENT CALENDAR: _ ITEM TITLE: Receive and File Treasurer's Report as of January 31, 2011 STUDY SESSION: _ PUBLIC HEARING: RECOMMENDATION: Receive and file. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Transmittal of Treasurer's Report dated January 31, 2011 for the City of La Quinta. FINDINGS AND ALTERNATIVES: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. Respectfully submitted, MJJohnfM. Falconer, Finance Director 0�28 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Treasurer's Report City of La Quinta eq A l l AUHIVItN 1 l T'up 44Qui"fw MEMORANDUM TO: La Quinta City Council FROM: John M. Falconer, Finance Director/Treasurer SUBJECT: Treasurer's Report for January 31, 2011 DATE: February 28, 2011 Attached is the Treasurer's Report for the month ending January 31, 2011. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning -Purchased Notes I Sold/Matured Other Ending Change LAIF Certificates of Deposit US Treasuries US Gov't Sponsored Enterprises Commercial Paper Corporate Notes Mutual Funds $ 31,373,655 969,000 94,879,316 - - 15,107,239 3,593,955 $ 13.347,325 25,000,000 9,000,000 (2) (2) (2) (2) 1 $ (27,430,000) 0 11,253 (2,008) (1,806) (12,178) 0 $ 17,290,980 969,000 94,890,569 24,997,992 8,998,194 15,095,061 3.593,955 (14.082,675) 0 11,253 24,997,992 8.998.194 (12,178) 0 Subtotal $ 145,923,165 1 $ 47,347,325 $ 27,430,000 $ 4,739 $ 165,835,751 $ 19.912,586 Cash $ 926,611 $ 233,293 1 8 3 $ 1, 159,904 233,293 Total $ 146,849,776 $ 47,580,618 1 1 $ 27,430,000 $ 4,739 $ 166,995,655 $ 20,145,879 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Y . Falconer Date e Director/Treasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. O.0 M Treasurer's Commentary For the Month of January 2011 Cash Balances — The portfolio size increased by $20.15 million to end the month at $166.84 million. The major reason for the increase was the receipt of $21.6 million (versus $25.6 million in Jan 2010) in County property taxes. Investment Activity — The investment activity resulted in an average maturity decrease of 59 days from the prior month to end the month of January at 206 days. The Treasurer follows a buy and hold investment policy with two (2) Commercial Paper purchases totaling $9 million and two (2) Federal Home Loan Bank Discount Notes totaling $25 million purchased. The sweep account earned $32 in interest income for the month of January and the bank fees for the month were $ 2,057 which resulted in a net decrease of $2,025 in real savings. Portfolio Performance — The overall portfolio performance had a nine basis point decrease from the prior month and ended at .43% for the month, with the pooled cash investments at .51 %. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .43% which reflects the current interest rate environment. Looking Ahead The Treasurer is still concentrating on safety first and foremost. In the short term, the Treasurer will be maintaining a lesser percentage in LAIF due to the Governor's FY 201 1 /12 budget proposal to eliminate Redevelopment Agencies state-wide. The Treasurer has reduced the LAIF RDA Account to zero until the Governor's budget proposal is finaled. With the decrease in LAIF, the Treasurer will be investing in commercial paper and Federal Home Loan or Federal Farm Credit Sponsored Enterprises (GSE). 0' 31 2 E J E E 0 d J E C O N 6 G. C O N df N N N C c C N N C Z c Z c Z C z Z Z Z Z W C N � O =_ s S E n ° °o w m m v w m a LLo � m `o N U `m iq L o m c V Q N > t„0 N Q C N pl O N N N O_ O O d j o y O N N C C C N 30 O O O O O w> d i o E E E E E o m O O O O O O o m N w> N °� 0 C5 w— O O p O ` f9 f9 f9 f9 f9 p O C w v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e o 0 0 0 O L6 N O r m O 0 0 0 0 00 0 0 0 0 0 o o 0 0 0 00 0 0 0 0 0 0 0 0 e o O O- N O O O 10 O O O O O O N LL 7 r p O N N O O N 6 N N N N N O N O O N N N ci O N ¢a e» 0 0 O O O 0 0 0 '^ E 0 o 0 0 0 0 0 0 0 08. 0 0 0 0 9 E o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^ N N O O O O O N� N N N c a w o w E o m c E o E c c Z m N N N w y Q (D LL LL « O N j O 0 UN 0 a V O N o m m W o 3 m o m LL m n n m a m d m0 Q °C ° m w aNi a Ec m F d0rn N EL w 0 O c a E Yp m Z .Im 2Z ."X LL Q w m 8N d a N o c:o o `m m d e on n U E m E'c o o I5 E EE p E° m >nz Ec n oo YE U N m o U E Eo S w E m c cLLZxx E °� c N r`n3 w N 0 mu c w v) c O N ry m m o w c E 6 E mmr y c � > Ti Qo t wao O Eto Fmn Uu U J(D O (D 2E ryy � MP n Forv.T C,p, =mC w"i Yv E_oo �o Ymvno -m- � o 'c EvY 9 a'S oBE e.?a.S oSo �Se .'vw Sinn elf ��O of oim m as _nrv.=i^ ��rvi �2Rnm _ AjiLLI - e ��- 8I8 R �. UR All fl� _ 4> vZry j VI AIM rr all j nw w 3 xxN �vxxexxxw WHO 11� xo Op Pd vRe `v�. _.ado ' off~ - 8m -vrx~ _c.A .R "-"a�xxz8esxaxoo - - - - e� a aGi --�e�iz NLL 'rs3 Ste= ue�J.s __ apt lot in to in, zip- oPao3ago c§ ES�� � aqp HIM F9 z 33 39 m'zz 3 0 3 \\[ !) !! ;!!! \\\\\------ 0 34 T o 0 0 0 D~ d 0 0 0 0 O o 0 0 0 0 0 d N N N N Nv N N m r Q o 0 0 0 0 0 o N N O O O O O O O N N a o 0 0 0 0 0 o r r C O O O O M O O M 1 N R E 0 d a U � T a a � o t0--- U ` 0 0 0 d w w E E (n N o o NN m (7 C7 U (n U 64 K (n) 'O d m A L � d L N � C d a E d .-.- > E d Oa pm CL UU M d m m C d E J J C O LL LL LL LL N L ' 0 0 0 Q 2 LL LL 7 F _T J N A O 0000000 d N N N N N N N �co .-a�avo 0 0 0 0 0 0 0 0 O O O O O O O O a0000000 0 V O O O N C O �N V I- V �O N N d d. H 0 0 0 0 0 0 0 asa °°aa °a a° o d d d d d d d 9 YO YO YO N @ @ @ C 0 m(n�(n[n�cq m v d 3 A 7 D_ ry O f N O d N y E m t N d 0000 - > E K K w w U U U — y E lL li LL. LL LL LL LL d C 2 JJJJJJJ �i- 0 ')5 $ ¢n$n �_ ervyy G- e a Fo F ,F Eoq 5 E E v F 8 8 Y F �Ea da v¢: Em a"v E ega ag"g Gdo 'aEg� n nLLm2mcna'°nE mgapn - E23_ eEc LL2n �UwH z._ vo EcfaEz2y m a a�"'S on ty goy 5' CM1�N c V U'V'OQ OQNSVw_6�NF K U�� S� § m�e raswms�n ow-- m- £ £iv ErvnM$� E`m�mm$$Se m8u`i $m o�� ae --n$'n" ug Erv_ O�im - n$mw$o$nw E.-w E$mn $$m Emfi�$ $ E=Bm: �a6$m m�vn gm En-m p E=$.'�-`ma Eammm Nggan » mn nvry $o $$arvna �o _ $mn$ n$imN $�m� 8'.. m m$G= I'�me'nv pv www a $ - w$om L Gn nn_ $oaro m$nry $`. vao umio o mP„a ummn nm a goo_g .dm Evm$ E$n Em$ rv$ry $m` E rn '.'"nm`" a'm rvnry a� nm- 8m A�$m �88m W w� _ � � e a F a a cu E vo" E E E tEE ,EEzo =Evv_ SEE. ca h EicSn -vi Ec'_ �v HE_gE-'- h°-A'n �iE Esry F UNJJ6VVFr ✓iE NJJ6UUSF -V%AJ U£r fVin�JrtVFi- '6 V E }L\! m& A \ \\!\ )\§) \} } 99l2 #\§{ )\ - ,.1,,• [ ; j>De:& 0-J7 10 City of La Curate Comparative Rates of Interest January 31, 2011 City of La Cui nta Average I I Treasury Bills/Note I I Three Monty August 2006 494% 501% 4,97% 46 4.97% 495% Spot 2006 498% 501 % 4.99% 53 500% 502% Oct 2006 500% 502% 5.01% 67 4.96% 5.10% Nov2008 504% 503% 5.03% fit 4.94% 5.13% Dec 2006 508% 5.04% 6.06% 80 4.90% 5.13% Jan 2007 5.18% 5.12% 5. 10% 6e 498% 5.16% Feb 207 5.19% 5.13% 5.17 % 45 495% 5A8% Mar2007 5.21% 503 % 5.15% 67 4.88% 5.21% Apr 2007 520% 5.14 % 5.15% 42 4,84% 522% May 2007 520% 5.05% 5.16% 32 4.81% 525% June 2007 5,19% 4.88% 5.10% 85 481% 525% FY 07108 July 2007 5.21% 490% 5.12% 129 4.80% 526% August 200) 5.17% 485% 5.08% 109 4.59% 525% Sept 2007 5,16% 4.86% 506% '129 400% 523% Oct 2007 5,11% 4.85% 5.02% 116 3.9596 514% Nov 2007 503 % 4.83% 4.96% 99 3.34% 496% Dec 2007 4.95 % 3 43 % 4.45 % 123 3.39% 4.90% Jan 2008 4.58% 3.33% 4.22% 96 231% 462% Feb 2008 4. 12% 3.24% 3.85% 86 207% 4. 16% Mai-2008 4.07% 2.83% 367% 74 1.50% 378% Apr2008 345% 327% 3,41% 82 170% 340 % May 2008 3.14% 327% 3,17% 63 192% 307% June 2008 309% 1,94% 2.86% 80 2.14% 2.89% FY 08/09 July 2008 2.99% 1.93% 221% 62 1.70% 188% 229% 275% 2.18% 279% August 2006 3.16% 1,92% 288% 51 1.69% 1.89% 2.14 % 2.38% 208% 278% Sep12008 2,81% 1.92% 264% 37 142% 179% 196% 2.00% 2.13% 2.77% Dtl 2008 266% 2.61% 2,61% 29 090% 1,40% 172% 1.50-4 2,07% 271% Nov 2008 2,38% 2.36% 2.36% 64 0.15% 0.49% 104% 1.25% 1.45% 257% Dec2008 160 % 0.18% 142% 116 005% 0.25% 0,59% 0.88% 099% 2.35% Jan 2009 1.36% 0,16% 123% 82 0.15% 035% 043% 088% 031% 2.05% Feb 2009 123% 0.18% 1.11% 75 0.30% 050% 0.61% 088% 0.48% 1,87% Mar 2009 1 26% 0.18% 1.13 % 69 0 20 % 0.42% 0 70% 0.88% 0.37% 1.82% Apr2009 094% 0.18% 0.85% 54 031% 0.33 % 059% 088% 028% 1.61% May2009 0.92% 0. 18% 084% 80 0. 18% 0.30% 0,53% 0.88% 0.23% 153% June 2009 0.85% 0.29% 080% ill 0.20% 0.35% 055% 1.13% 0.26% 138% FY 09/10 July 2009 069% 030% 065% Ill 0.19% 0289n 047% 100% 0.28% 104% AugJst2009 064% 0.30% 061% 92 0.16% 0.26% 046% 100% 024% 0,93% Sept 2009 0.56% 0.31% 0.53% 112 0.12% 0.19% Oat% 100% 0. 19% 075% Cc12009 0.52% 031% 0.50% 90 008% 0,19% 038% 100% 0. 19% 0.65% Nov 2009 0.56% 031% 0.53% 152 0.04% 0.14% 0324 095% 015% 061% Dec 2009 0.56% 0.15% 0.51% 239 0. 11% 0.20% 0,16% 100% 0.16% 0.57% Jan 2010 046% 0.15% 043% 179 006% 0.14% 0.34% 0.88% 013% 056% Feb 2010 0.51% 0.16% 048% 162 0.13% 019% 0.32% 088% 015% 058% Mar2010 0.50% a16% 0.47% 172 015% 0.24% 0.38% 100% 020% 0.55% Apr2010 052% 0.16% 0.48% 162 015% 0.24% 049% 100% 023% 059% May 2010 0.52% 016% 048% 116 017% 022r 037% 075% 0.28% 0.56% June 2010 0.51% 014% 043% 134 0. 16°% 022% 032% 063%% 032% 0.53% FY 10111 July 2010 O.W % 0. 15% 047% 119 0. 16% 0.20% 0,30% 0.63% 0.28% 0.53% August 2010 049% 0.15% 046% 108 0. 15% 0. 19% 026% 038% 025% 0.51% Svpt20lO 0.55% 0.15% 051% 107 0.16% 0.19% 0.2% 0.38% 0.24 % 050% Oc12010 055% 0.15% 051% 88 0.13% 0.17% 0.23% 0.38% 023% 048% Nov2010 053% a15% 049% 84 0.18% 021% 0.28% 0.50% 023% 045% Dec 2010 0,57% 0.14% 0.52% 265 0.15% 0.19% 0,30% 0.63% 0.23% 0.46% 11 II c cu � E N I � 1 i a o to IIII m W D U N � I m C Q II I• O III N I E N E N 0 Q � Z E � III Qry�p N IU N y o0 i`oI Nr N aE-zl w D F:i O ;III a rli d I ` E p/ N j W C IIII r L r O U O N N � N mII mII r N i a ICI N N O U L N V y o C 0 0 0 o 0 0 3 0 0 0 0 0 O o 0 � f,- o O 0 In 0 V Cl? o U Cl! o O 0 p o I 0 Q a /1 / I / 1 I 1 I 1 1 T i 1 1 1 I I \1 1 I 1 I i I I 0 39 12 io F`y OF COUNCIURDA MEETING DATE: March 15, 2011 AGENDA CATEGORY: ITEM TITLE: R2C01Ve and File Revenue and Expenditure BUSINESS SESSION: Report for January 31, 2011 CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: d d�1l1l De "k Receive and File. BACKGROUND AND OVERVIEW: Receive and File the January 31, 2011 Statement of Revenue and Expenditures for the City of La Quinta. ectfully submitted, John M. Falconer, Finance Director Approved for submission by: ao-' y T omas P. Genovese, City Manager Attachment: 1. Revenue and Expenditures Report, January 31, 2011 0,140 ATTACHMENT 1 CITY OF LA QUINTA REVENUES - ALL FUNDS 0710112010 - 01/3112011 FUNDS ADJUSTED BUDGET RECEIVED % RECEIVED General $37,832,758.00 $13,302,583.45 35.20% Library 2,594,548.00 (222.43) 0.00% Gas Tax Revenue 1,098,300.00 409,680.94 37.30% Federal Assistance 431,087.00 (93.00) 0.00% JAG Grant 20,643.00 15,092.89 73.10% Slesf (Cops) Revenue 100,090.00 44.65 0.00% Indian Gaming 0.00 0.00 0.00% Lighting & Landscaping 965,300.00 504,575.91 52.30% RCTC 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00% Crime Violent Task Farce 0.00 0.00 0.00% AB 939 17,100.00 14,765.72 86.30% Quimby 95,000.00 17,527.26 18.40% Infrastructure 1,450.00 722.99 49.90% Proposition I 577,455.00 128,685.47 22.30% South Coast Air Quality 57,424.00 35,082.59 61,10% CMAQ/ISTEA 1,007,105.00 21,104.78 2.10% Transportation 356,300.00 198,031.48 55.60% Parks & Recreation 89,200.00 48,179.00 54.00% Civic Center 3,117,600.00 64,281.76 2.10% Library Development 35,500.00 19,525.00 55.00% Community Center 11,600.00 6,157.17 53.10% Street Facility 15,717.00 8,598.91 54.70% Park Facility 2,200.00 1,210.06 55.00% Fire Protection Facility 20,800.00 13,084.16 62,90% Arts In Public Places 33,925,00 35,030.53 103.30% Interest Allocation 0.00 45,523.37 0.00% Capital Improvement 76,535,263.00 4,840,291.70 6.30% Equipment Replacement 34,376.00 30,865.77 89.80% Information Technology 6,295.00 4,262.97 67.70% Park Equipment & Facility 2,600.00 1,338.41 51.50% SilverRock Golf 3,652,607.00 1,354,053.12 37.10% SilverRock Golf Reserve 63,429.00 539.29 0.90°/ La Quinta Public Safety Officer 2,100.00 2,044.41 97.40°/ La Quinta Financing Authority 6,603,456.00 4,403,862.63 66.70% RDA Project Area No. 1 81,945,190.00 24,943,520.58 30.40% RDA Project Area No. 2 33,755,572.00 14,656,593.45 43.40% La Quinta Housing Authority 408,750.00 147, 161.82 36,00% Total $251,490,740.00 $615273,706.81 26.00% 0 41 z CITY OF LA QUINTA EXPENDITURES - ALL FUNDS FUNDS ADJUSTED O]I01/2010-01/O1I2011 REMAINING General BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENT Library $38,5]8,55].00 $14,853,237.58 $130,984.46 $23,594,33d.96 38.5% 385% Gas Tex 1,723.638.00 83360Z84 0.00 810230,16 890,230.16 Federal Assistance 1,490, 702.00 0.00 68.0% JAG Grant 431,087.00 CO 0O 0,00 431,087.00 0.0% Slesf (Cops) Revenue 20,'3.00 15,09289 0.00 5,550.11 73.1% Indian Gaming 100090.00 "0 0.00 100,090.00 0.0% LigMingB Landscaping 0.00 965,30000 0.00 563,094.00 0.00 000 0.00 402,20600 0.0% 58.3% RCTC Development Agreement 0.00 000 0.00 0.DO 0.0% CV Violent Crime Task Force 0.D0 0.00 0.00 0.00 D.00 0.0% AS 939 0.00 0.00 0 00 0.0% Quimby 486,58800 112,8]9.82 2,000.00 371,708.18 23.2% Infraslmcture 10,1422y1.00 1242,016.33 0.00 8,900,253.67 12.2% Proposition lB 393,074.00 0.00 0.00 393, D74.00 0.0% South Coast Air Duality 577,455.00 142,468,50 0.00 434,986.50 249% CMAQ 308, 106.00 245,94676 0.00 62, 159.24 79.8% Transportation 1,007,105.00 21, 330.68 0.00 985,774,32 2.1% Parks B Recreation 4, 395,436.00 711,202.23 000 3,684,23377 16.2% Civic Center 9.800.00 3, 763.91 0.00 6,03609 384% Library Development 261, 85&00 145,232,33 0,00 116,625.67 55.6% Community Center 12,700.00 5.148.59 0.00 7,651.41 40.5% Street Fatllity 0.00 0.00 0.00 0,00 0.0% Park Facility 654,50300 279,925.86 0.00 374,577.14 42.8% Fire Protection 2,917.00 1,144.02 0.00 1,772.98 392% Arts In Public Places 6,000. D0 2,48362 0.00 3,51638 414% Interest Allocation 476,200,00 59,616.12 0.00 416,583.88 12.5% Capital Improvement 0.00 76,535,265. 00 0.00 4.840, 291.70 0.00 92,62275 0.00 71602,350. 55 0.0% 6.3% Equipment Replacement 631,647.00 111,408.56 0.00 520,238.44 17S%, Information Technology 635, 752.00 212,601.79 32.948.30 290,201.91 397% Park Maintenance Facility W0,815.00 70476 0.00 560,110.24 0.1% SilverRock Golf 3,823,60100 2,074,309.% 000 1, 749,291.04 54.3% SilverRock Reserve 000 0.00 0.00 0.00 00% LO Public Safety Officer 2,000.00 0.00 0.00 2,000,00 0.0% La Duinta Financing Authority 6, 500,456.00 4405,612.63 0.00 2, 194,843.37 667% La Quinta Housing Authority 459,350.00 127,904.91 000 331454.50 000 RDA Project Area No. 1 112,484,265. 00 24, 192,322.28 0.00 88,291, 94272 21.5% RDA Project Area No. 2 47,781,075,00 8, 93143845 0,00 3AN9,636.55 187% coal 1 4 0' 2 M CITY OF LA QUINTA 07/0112010 - 01/31/2011 GENERAL FUND REVENUES DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED TAXES: Property Tax 2,259,500.00 945,293.57 1.314,206.43 41.840% No Low Property Tax Distribution 3,983,630.00 2,196,612.25 1,787,017.75 55A40% Statutory Tax -LQ 81,873.00 0.00 81,873.00 0.000% Statutory Tax - Riverside Cnty 209,000.00 0.00 209,000.00 0.000% Sales Tax 4,977,750.00 1,855,259.70 3,122,490.30 37.270% Sales Tax Reimbursement 1,923,188.00 81,644.51 1,841,543.49 4.250% Document Transfer Tax 384,300.00 195,733.17 188,566.83 50.930% Transient Occupancy Tax 4,000,000.00 1,411,913.21 2,588,086.79 35.300% Transient Occupancy Tax- Mitigation Measures 251,000.00 28,817.36 222,182.64 11.480% Franchise Tax 1,484,600.00 370,169.27 1,114,430.73 24.930% TOTAL TAXES 19,554,841.00 7,085,443.04 12,469,397.96 36.230% LICENSE & PERMITS: Business License 288,400.00 152,102.34 136,297.66 52.740% Animal License 29,700.00 17,479.00 12,221.00 58.850% Building Permits 200,000.00 153,828.77 46,171.23 76.910% Plumbing Permits 25,000.00 18,987.00 6,013.00 75.950% Mechanical Permits 19,000.00 18,557.87 442.13 97.670% Electrical Permits 28,000.00 19,652.03 8,347.97 70.190% Garage Sale Permits 15,000.00 9,530.00 5,470.00 63.530% Misc. Permits 67,000.00 32,602.37 34,397.63 48.660% TOTAL LICENSES & PERMITS 672,100.00 422.739.38 249,360.62 62.900% FEES: Sale of Maps & Publications 4,000.00 955.13 3,044.87 23.880% Community Services Fees 351,550.00 234,987.44 116,562.56 66.840% Finance 550.00 165.00 385.00 30.000% Bldg & Safety Fees 170,000.00 112,236.85 57,763.15 66.020% Bldg & Safety Lease Revenue 62,000.00 51,159.31 10,840.69 82.520% SMIP Fees 1,000.00 115.36 884.64 11.540% Community Development Fees 50,000.00 30,402.41 19,597.59 60.800% Public Works Fees 185,500.00 109,286.50 76,213.50 58.910% TOTAL FEES 824,600.00 639,308.00 285,292.00 65.400% INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,314,950.00 54,426.75 3,260,523.25 1.640% Motor Vehicle Code Fines 102,900.00 43,849.92 59,050.08 42.610% Parking Violations 56,700.00 23,152.42 33,547.58 40.830% Misc. Fines 166,500.00 64,410.53 102,089.47 38.690% Federal Govt Grants 192,700.00 46,252.13 146,447.87 24.000% County of Riverside Grant 0.00 0.00 0.00 0,000% Stale of California Grant 25,194.00 2,381.36 22,812.64 9,450% Fire Services Credit - Capital (10150003375010) 528,916.00 296,715.50 232,200.50 56.100% Fire Services Credit -Oper (10150003375000) 7,916.398.00 2,235,655.00 5,680,743.00 28.240% CVWD 16,800.00 4,200.00 12,600.00 25,000% CSA152 Assessment 297,285.00 297,284.63 0.37 100.000% TOTAL INTERGOVERNMENTAL 12,618,343.00 3,068,328.24 9,550,014.76 24.320% INTEREST 3,817,492.00 2,079,822.02 1,737,669.98 54.480% MISCELLANEOUS Miscellaneous Revenue 18,700.00 18,047.84 652.16 96.510% AB939 20,000.00 42,017.51 (22,017.51) 210.090% Insurance Recoveries 8,291.00 8,291.00 0.00 100.000°/ Assmnt Dist Surplus 0.00 0.00 0.00 0.000% Other Mitigation Measures 0.00 0.00 0.00 0,000% Litigation settlement 0.00 0.00 0.00 0,000% Advertising Coop 20,000.00 15,266.00 4,734.00 76.330% Cash Over/(Short) 50.00 3.27 46.73 6.540% TOTAL MISCELLANEOUS 67,041.00 83,625.62 (16,584.62) 124.740% TRANSFERIN 278,341.00 23,317.15 255,023.85 8.380% TOTAL GENERAL FUND 37,832,758.00 13,302,583.45 24,530,174.55 35.160% 0,143 0 CITY OF LA OUINTA 0710112010 - 0113112011 GENERAL FUND EXPENDITURE SUMMARY ADJUSTED 01/31111 REMAINING BY DEPARTMENT BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE GENERAL GOVERNMENT: LEGISLATIVE 945,96500 383,23221 0DD 562,73579 40.51% CITY MANAGER'S OFFICE 17D,830.00 240, 804.93 0.00 (69,974.93) 5330% DEVELOPMENT SERVICES 1, 763,500.00 951,370.88 0.00 812,129,12 5395% MANAGEMENT SERVICES 1,621,150.00 930650.83 0.00 690499.17 5741% TOTAL GENERAL GOVERNMENT 4,501 44800 2,506,058. 85 0.00 1,995,389. 15 52,40% CITY CLERK COMMUNITY SERVICES FINANCE: BUILDING & SAFETY: POLICE: COMMUNITY DEVELOPMENT: PUBLIC WORKS: TRANSFERS OUT 616 154.00 310 568.92 0.00 305 585.08 4] 29% TOTALCITY CLERK 516,154.00 310,568.92 0.00 305,58508 47.29% PARKS & RECREATION ADMINISTRATION 1,092,319. 00 620,932.59 0.00 471 386.41 56.85% SENIOR CENTER 38g525. DO 188,591.18 0.00 195,933.82 49. D5% PARKS & RECREATION PROGRAMS 318,525,00 102,692,88 0.00 215,632.12 32.24% LIBRARY 1,442,745,00 246,914.31 0,00 1,195, 830.69 17,11% PARK MAINTENANCE 989,650.00 438,398,77 12,200.00 539,051,23 44,30% MUSEUM 281,093,00 60,766.84 0.00 220,326.16 21.88% TOTAL COMMUNITY SERVICES 4,508,89.00 1,658,2%57 12.20000 2, 838,360.43 36.81% FISCAL SERVICES 988,230.00 524,644.92 000 463,58508 53,09% CENTRAL SERVICES 274,300,00 122,426,42 0,00 151873.58 4463% TOTAL FINANCE 1,262,53000 647,071.34 0.00 615,458.66 51.25% BUILDING&SAFETY -ADMIN 332, 300.00 180,956.66 000 151,343.34 54.46% BUILDING 860,300. DO 465,317.34 0.00 394,982,66 54.09% CODE COMPLIANCE 945,750.00 487,431.48 100.00 458,218.52 51,54% ANIMAL CONTROL 370,790.00 182,4%.91 5549 188,327.60 49.19% FIRE 4,725,12500 2,3%, 109.67 0.GO 2,419,01633 46%% EMERGENCY SERVICES 161,55000 32.207.45 000 129,34254 19.94% CIVIC CENTER BUILDING -OPERATIONS 1,15897500 771012.12 000 385882,81 6670% TOTAL BUILDING & SAFETY 8,554,]91.00 4,427,521]1 155.49 4,127.113. 80 50.41% POLICE SERVICES 12,733,306,00 3,533,880,20 0.00 9,199,425.80 27.75% TOTAL PUBLIC SAFETY 12.733, 306. 00 3,533.880.20 0,00 9,199,425.80 27.76% COMMUNITY DEVELOPMENT -ADMIN 1414,92500 675,315.94 000 739,60906 47,73% CURRENT PLANNING 615, 500.00 26546949 0,00 350030,51 43.13% TOTAL COMMUNITY DEVELOPMENT 2.030,425. 00 940,75543 0.00 1089,639.57 4633% PUBLIC WOR KS A DMI N I STRATION 638,090.00 301, 557.86 0,00 336,532.14 48.79% DEVELOPMENT & TRAFFIC 720,73500 397, 549.20 0,00 323,18580 55.16% MAINT/OPERATIONS - STREETS 2,247,531.00 698,681A8 25,21645 1,523, 733.07 31,09% MAINT/OPERATIONS- LTG/LANDSCAPING 1721,030.00 807,37001 0,00 913,659,99 46,91% CONSTRUCTION MANAGEMENT 1,379, 735.00 534,206.14 93,412.52 752,116.34 42.34% TOTAL PUBLIC WORKS 6,707, 21.00 2,739.364. 59 118,62897 3,84&227.34 41,70% GENERAL FUND REIMBURSEMENTS NET GENERAL FUND EXPENDITURES 4,690,638. 00 1.507,478,21 000 3,183,15979 68.64% (7026813.00) (3417788. 34) 0,00 (360902466) 4964% 38,578 557.00 14 853,237 58 130 984 46 23,594 334.96 41 10% 0-44 F7 CITY OF LA QUINTA 07/01/2010 - 0113112011 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,588,848.00 0.00 2,588,848.00 0.000% Contributions 0.00 0.00 0.00 0,000% Interest 5,700.00 (222.43) 5,922.43 -3 900 TOTAL LIBRARY 2,594,548.00 (222,43) 2,594,770.43 -0 010% GAS TAX REVENUE: Section 2105 228,000.00 97,473.01 130,526.99 42,750% Section 2106 138,300.00 62,178.93 76,121.07 44.960% Section 2107 303,800.00 133,014.82 170,785.18 43.780% Section 2107.5 6,000.00 0.00 6,000.00 0,000% Section 2103 0.00 116,884.52 (116,884.52) 0.000% Traffic Congestion Relief 427,800.00 0.00 427.800.00 0.000% Interest _ (5,600.00) 129.66 (5,729.66) -2 320% TOTAL GAS TAX 1,098,300.00 409,680.94 688,619.06 37.300% FEDERAL ASSISTANCE REVENUE: CDBG Grant 431,087.00 0.00 431,087.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL FEDERAL ASSISTANCE 431,087.00 0.00 431,087.00 0.000% JAG GRANT Grant Revenue 20,643.00 15,092.89 5,550.11 73.110% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRANT 20,643.00 15,092.89 5,550.11 73.110% SLESF (COPS) REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest 90.00 44.65 45.35 49.610% TOTAL SLESF (COPS) 100,090.00 44.65 100,045.35 0.040% INDIAN GAMING Grant revenue 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL INDIAN GAMING 0.00 0.00 0.00 0.000% LIGHTING & LANDSCAPING REVENUE: Assessment 965,300.00 504,575.91 460,724.09 52.270% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING & LANDSCAPING 965,300.00 504,575.91 460,724.09 52.270% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC 0 DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% CRIME VIOLENT TASK FORCE - Member Contributions - Carryover 0.00 0.00 0.00 0.000% Grant revenue -JAIB 0.00 0.00 0.00 0.000% CLET Line 0.00 0.00 0.00 0.000% Asset Forfeiture -State Adjudicated 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0,000% TOTAL CRIME VIOLENT TASK FORCE 0.00 0.00 0.00 0.000% AS 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 4,600.00 2,265.72 2,334.28 49.250% Transfer In 12,600.00 12,500.00 0.00 100,000% TOTAL AS 939 0-45 L, 07/0112010 - 01131/2011 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED QUIMBY REVENUE: Quimby Fees 60,000.00 0.00 60,000.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 35,000.00 17,527.26 17,472.74 50,080% TOTAL QUIMBY o INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 1,450.00 722.99 727.01 49.860% Transfer in 0.00 0.00 0.00 0,000% TOTAL INFRASTRUCTURE 1,460.00 722.99 727.01 49.860% PROPOSITION 1 B - SB1266 Prop 1B Grant 575,785.00 127,851.90 447,933.10 22.200% Interest 1,670.00 833.57 836.43 49.910% TOTAL PROPOSITION 1 B SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 48,900.00 26,659.09 22,240.91 54.520% MSRC Funding 8,224.00 8,224.26 (0.26) 100.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 300.00 199.24 100.76 66A10% TOTAL SCAQ 57,424.00 35,082.59 22,341.41 61.090% CMAQIISTEA State Grants 1,007,105.00 21,104.78 986,000.22 2,100% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 1,007,105.00 21,104.78 986,000.22 2.100% TRANSPORTATION Developer fees 341,500.00 190,621.53 150,878.47 55,820% Interest 14,800.00 7,409.95 7,390.05 50.070% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 356,300.00 198,031.48 158,268.52 55.580% PARKS & RECREATION Developer fees 89,200.00 48,179.00 41,021.00 54.010% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0,000% TOTAL PARKS R RECREATION 89,200.00 48,179.00 41,021.00 54.010% CIVIC CENTER Developer fees 127,600.00 64,281.76 63,318.24 50.380% Interest 0.00 0.00 0.00 0.000% Transfer in 2,990,000.00 0.00 2,990,000.00 0,000% TOTAL CIVIC CENTER 3,117,600.00 64,281.76 3,053,318.24 2.060% LIBRARY DEVELOPMENT Developer fees 35,500.00 19,525.00 15,975.00 55,000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 35,500.00 19,525.00 15,975.00 55.000% COMMUNITY CENTER Developer fees 7,400.00 4,070.00 3,330.00 55.000% Interest 4,200.00 2,087.17 2,112.83 49.690% TOTAL COMMUNITY CENTER 11,600.00 6,157.17 5,442.83 53.080% V 46 0710112010 - 0113112011 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED STREET FACILITY Developer fees 12,800.00 7,454.89 5,345.11 58.240% Interest 0.00- 0.00 0.00 0.000% Transfer In 2,917.00 1,144.02 1,772.98 39,220% TOTAL STREET FACILITY 15,717.00 8,598.91 7,118.09 54.710% PARK FACILITY Developer fees 2,200.00 1,210.00 990.00 55.000% Interest 0.00 0.06 (0.06) 0000% TOTAL PARK FACILITY 2,200.00 1,210.06 989.94 55.000% FIRE PROTECTION FACILITY Developer fees 20,800.00 13,084.16 7,715.84 62.900% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 20,800.00 13,084.16 7,715.84 62.900% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 30,825.00 33,479.21 (2,654.21) 108.610% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 3,100.00 1,551.32 1,548.68 50.040% TOTAL ARTS IN PUBLIC PLACES 33,925.00 35 030.53 (1,105.53) 103.260% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 45,523.37 (45,523,37) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 45 523.37 (45 523.37) 0.000% 0 ' 47 m CITY OF LA QUINTA ALL OTHER FUNDS REVENUE DETAIL 0710112010-01/3112011 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG CVWD County of Riverside Surface Transportation Funding City of Indio DSUSD IID RCTC Vista Dunes Housing LLP SB821-Bicycle Path Grant State of California APP Contribution Developer Agreement Funding Litigation Settlements Transfers in From Other Funds TOTAL CIP REVENUE 904420 EQUIPMENT REPLACEMENT FUND: Equipment Charges Capital Contribution Sale of Fixed Asset Insurance Recoveries Interest Transfers In TOTAL EQUIPMENT REPLACEMENT INFORMATION TECHNOLOGY FUND 1,920,627.00 300,308.59 1,620,318.41 15.640% 0.00 0.00 0.00 0.000% 163,206.00 102,010.60 61,195.40 62.500% 9,643,637.00 4,319.68 9,639,317.32 0.040% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 160,160.00 146,879.46 13.280.54 91.710% 0.00 0.00 0.00 0,000% 0.00 0.00 0.00 0.000% 87,300.00 0.00 87,300.00 0,000% 0.00 0.00 0.00 0,000% 0.00 0.00 0.00 0.000% 578,075.00 46,000.00 532,075.00 7.960% 0.00 0.00 0.00 0.000% 63,982,258.00 4,240,773.37 59,741,484.63 6.630% 76,535,263.00 4,840,291.70 71,694,971.30 184,480% 27,776.00 27,776.00 0.00 100.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0,000% 6,600.00 3,089.77 3,510.23 46.810% 0.00 0.00 0.00 0.000% 34,376.00 30,865.77 3,510.23 89,790% Charges for services 2,295.00 2,295.00 0.00 100.000% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Interest 4,000.00 1,967.97 2,032.03 49.200% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 6,295.00 4,262.97 2,032.03 67.720% PARK EQUIPMENT & FACILITY Charges for services Interest Capital Contributions TOTAL PARK EQUIPMENT & FAC SILVERROCK GOLF Green fees Range fees Resident Card Bob Hope Chrysler Classic Merchandise Food & Beverage Allocated Interest Income Transfers In TOTAL SILVERROCK GOLF SILVERROCK GOLF RESERVE Interest Transfers In TOTAL SILVERROCK GOLF LO PUBLIC SAFETY OFFICER FUND Transfer In Interest TOTAL LQ PUBLIC SAFETY 0.00 0.00 0.00 0.000% 2,600.00 1,338.41 1,261.59 51.480% 0.00 0.00 0.00 0.000% 2,600.00 1,338.41 1,261.59 51.480% 3.111,458.00 1,138,982.70 1.972,475.30 36.610% 117,656.00 38,837.00 78,819.00 33.010% 105,000.00 48,500.00 56,500.00 46.190% 0.00 0.00 0.00 0.000% 306,493.00 127,733.42 178,759.58 41.680% 12,000.00 0.00 12,000.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 3,652,607.00 1,354,053.12 2,298,553.88 37,070% 1,200.00 539.29 660.71 44.940% 62,229.00 0.00 62,229.00 0.000% 63,429.00 539.29 62,889.71 0.850% 2,000.00 2,000.00 0.00 100.000% 100.00 44.41 55.59 44.410 % 2,100.00 2,044.41 55.59 97.350% 48 w CITY OF LA OUINTA OTHER CITY FUNDS ADJUSTED 01/31111 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET LIBRARY FUND INTEREST ADVANCE 0.DO 0,00 0.00 0.00 CAPITAL PURCHASES 0.00 0,00 0.00 0,00 REIMBURSE GENERAL FUND 1, 723,838,00 833,607.84 0.00 890,230.16 TRANSFER OUT 0.00 000 0.00 TOTAL LIBRARY FUND GASTAX CONTRACT SERVICES 0.00 0.00 0.00 DO REIMBURSE GENERAL FUND 1,016,184.DO 592,]74.00 0.00 423,410.00 TRANSFER OUT 174518.00 376627.11 0.00 98250.89 TOTAL GAS TAX FUND 41, FEDERAL ASSISTANCE FUND: TRANSFER OUT 431087.DO ROD 431,087. DO TOTAL FEDERAL ASSISTANCE FUND JAG GRANT TRANSFER OUT TOTAL JAG GRANT 20,643.00 15,D92.89 0,00 555011 SLESF(COPS) TRANSFER OUT TOTAL SLESF(COPS) FUND 100090. Do D.00 0.00 100 090 00 INDIAN GAMING FUND TRANSFER OUT 0.00 0.00 0,00 0.00 TOTAL INDIAN GAMING FUND 0 DO LIGHTING 8 LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND 965, 300. D0 563,094. DO 0.00 402,208.00 TRANSFER OUT 0.00 D.00 0.DO 0.DO TOTAL LTGILANDSCAPING FUND RCTC TRANSFER OUT 0,00 0.00 0.00 0,00 TOTAL RCTC DEVELOPMENT AGREEMENT FUND CONSTRUCTION 0.00 0.00 0.00 0.00 REIMBURSE GENERAL FUND 000 0,00 0.00 0.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL DEV AGREEMENT FUND 000 000 0 DO CRIME VIOLENT TASK FORCE OPERATING EXPENSES 0,00 0,00 0,00 0.00 TRANSFER OUT 0,00 0.00 0.00 0.00 TOTAL GRIME VIOLENT TASK FORCE AS 939 OPERATING EXPENSES 223, 100.00 64,582.48 2,000.00 156,517.52 REIMBURSE GENERAL FUND 69,209.00 40,376,00 ODD 28,833.00 TRANSFER OUT 194,279.00 ] 921.34 0.DO 186,357.66 TOTAL AS 939 QUIMBY FUND: FEASIBILITY STUDY 0.00 0,00 0,00 0.DO REIMBURSE DEVELOPER FEES 0.00 0.00 GCO 000 TRANSFER OUT 10,1&2'0.0O 1,242,016.33 0.00 8, 900,253.67 TOTALOUIMBY 14 INFRASTRUCTURE FUND CONSTRUCTION 0.00 0.DO 0.00 0.DO REIMBURSE GENERAL FUND 0.00 0.00 0,00 0.00 TRANSFER OUT 393,074.00 0.00 0.00 393,074.00 TOTAL INFRASTRUCTURE 4.00 4 PROPOSITION 1B - SB 1266 TRANSFER OUT TOTAL PROPOSITION 1 B FUND 577,455 00 142.468.50 0.00 434 9W 50 SOUTH COAST AIR QUALITY FUND PROJECT EXPENDITURES 48,90000 5,990.33 0.00 42,909.67 TRANSFER OUT 259,20 11 239,956.43 000 19,24957 TOTAL SOUTH COAST AIR QUALITY 0 ,'0605 4 CMAG PROJECT EXPENDITURES 0,00 0.00 0.00 0.00 TRANSFER OUT 1,007,105.00 21,330Z8 0,00 986,774.32 TOTAL CMAG TRANSPORTATION PROGRAM COSTS 0,00 0.00 0.00 0,00 CONTRIBUTION 0.00 0.00 0,00 0.DO TRANSFER OUT 4395,436.00 711,202,23 0.DO 3,684,233. 77 TOTAL TRANSPORTATION PARKS 8 RECREATION INTEREST ON ADVANCE 9800,00 3,763,91 0.00 6,038.09 TRANSFER OUT 0.00 0,00 0.DO 0.00 TOTAL PARKS 8 RECREATION CIVIC CENTER SERVICES 0.00 2,042.10 0.00 (2,042.10) INTEREST ON ADVANCE 60,100.00 25,499,23 0,00 34,600.77 REIMBURSE GENERAL FUND 201,758.00 117,691,00 OCO 84,067.00 TRANSFER OUT 0.00 0.00 0.00 0.00 TOTAL CIVIC CENTER 261858.00 1 1 LIBRARY DEVELOPMENT PROGRAM COSTS 0.DO 0.00 0.00 0.00 INTEREST ON ADVANCE 12,700,00 - 5,148.59 0.OD 7,55141 TRANSFER OUT 0,00 Q00 0.00 0.00 TOTAL LIBRARY DEVELOPMENT ,14 p 41 10 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 01/31111 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET COMMUNITY CENTER PROGRAM COSTS 000 0.00 0,00 0.00 TRANSFER OUT 0,00 0.00 0,00 0.00 TOTAL COMMUNITY CENTER 000 000 000 STREET FACILITY PROGRAM COSTS 0,00 0.00 0.00 0,00 INTEREST ON ADVANCE 13,100.00 3,829.98 0.00 9,270.02 TRANSFER OUT fi41 403.00 276,095.88 0.00 365,307,12 TOTAL STREET FACILITY 4, .1 PARK FACILITY PROGRAM COSTS 0.00 0,00 0.00 000 TRANSFER OUT 2,91700 1144.02 0.00 1, 772.98 TOTAL PARK FACILITY 1 . FIRE PROTECTION INTEREST ON ADVANCE 6,000.00 2,48362 0,00 3,516,38 TRANSFER OUT 000 000 000 0.00 TOTAL FIRE PROTECTION DIF 6,000.00 2,48362 ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSES-APP 20,000.00 8.460.00 000 1154000 OPERATING EXPENSES-APP 4,70000 226.37 0.00 4.47363 ART PURCHASES 251, 500.00 50,92975 000 200570.25 TRANSFER OUT 200000.00 0.00 0.00 2000001 TOTAL ART IN PUBLIC PLACES 1 CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 75,525,244,00 4,738, 178.20 92622,75 70.794, 443,05 PROJECT REIMBURSEMENTS TO GEN FUND 910.021,00 102,113.50 0,00 807,90750 TRANSFER OUT 0.00 000 0.00 0,00 TOTAL CAPITAL IMPROVEMENT 76 535.265.00 4, EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 456,56300 111,40&% 0.00 345,15444 DEPRECIATION EXPENSES 175, 084.00 0.00 0,00 175.084.00 CAPITAL PURCHASES 0.00 0.00 0.00 0.00 TRANSFER OUT 0.00 0.00 000 0.00 TOTAL EQUIPMENT REPLACEMENT FUND INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 354,525.00 167, 04625 32, 375.06 155,104.69 DEPRECIATION EXPENSES 9g977.00 0,00 000 94,977.00 CAPITAL PURCHASES Bfi250.00 45,556.54 57324 40, 120.22 TOTAL INFORMATION TECHNOLOGY57 PARK MAINTENANCE FACILITY OPERATING EXPENSES 59,000.00 0.00 0.00 59,000.00 DEPRECIATION EXPENSES 441,391.00 0.00 0.00 441,39100 CAPITAL PURCHASES 000 0.00 0.00 0.00 TRANSFER OUT 10,424.01 70476 0.00 59,719.24 TOTAL PARK MAINTENANCE FAC 4. 9,1 SILVERROCK GOLF OPERATING EXPENSES 3,76137200 2074,309.96 0.00 1687C62.04 TRANSFER OUT 62,229.00 0.00 0.00 6222000 TOTAL SILVERROCK GOLF , 4, i, 9, 1.54 SILVERROCK GOLF RESERVE TRANSFER OUT 0.00 0.00 0.00 000 TOTAL SILVERROCK GOLF RESERVE LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,00000 0,00 000 2,000.00 � 50 11 a�w Y�.cf wS� E`y OF TK4'9 COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of Fiscal Year 201 1-2012 City Council Goals RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the City Council Goals for Fiscal Year 2011-2012. FISCAL IMPLICATIONS: No direct fiscal implications will result from this action. Staff proposes to develop programs to implement selected goals and will identify cost projections as part of the Economic Development Plan, Capital Improvement Program, and budget process. CHARTER CITY IMPLICATIONS: 1►Lem BACKGROUND AND OVERVIEW: The City Council conducted a study session on February 15, 2011, to discuss the Fiscal Year 2010-201 1 Annual Financial Management Review and City Council Goals. Minutes from the meeting are included as Attachment 1, and the Fiscal Year 2011- 2012 City Council Goals are included as Attachment 2. Based on feedback and direction provided by the City Council at this meeting, staff has assembled a list of five City Council Goals for Fiscal Year 2011-2012, which will be incorporated into the Fiscal Year 201 1-2012 Annual Budget. If approved by the City Council, each goal will be included into one of the components and corresponding documents of the Strategic Planning Process (i.e., Economic Development Plan, Capital Improvement Program, and Annual Budget) for Fiscal Year 201 1-2012. It should be noted that the draft Economic Development Plan and Capital 0 51 Improvement Program will both be reviewed by the Council on March 15, 2011 and the Marketing Plan will come before Council on April 5, 2011. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the City Council Goals for Fiscal Year 2011 -2012; or 2. Do not approve the City Council Goals for Fiscal Year 2011 -2012; or 3. Provide staff with alternative direction. Submitted by: G Bret M. Plumlee Assistant City Manager — Management Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1 . Minutes of the February 15, 2011 City Council meeting 2. Fiscal Year 2011-2012 City Council Goals 0'5? City Council Minutes 6 Feb ATTACHMENT 1 Council Member Evans stated she is not in support of the project as ther are more important priorities at this time, Mayor Adolph stated he has not been supportive of this p 'ect from the beginning; and this signal is not needed at this time. Council Member Henderson stated there is so erit to install the signal at this time, but will support the City Cou s concurrence to not proceed with the project. MOTION — It was moved ouncil Members Evans/Franklin to decline a Professional Services ement in an amount not to exceed $30,977 with RBI Traffic to prov' professional engineering services to prepare the Plans, Specifications nd Engineer's Estimate (PS&E) of probable construction costs for a new traffic signal at the intersection. of Madison Street and Ave 54, Project No. 2009-23, and directed staff to return the grant riding to RCTC. Motion carried unanimously. 4. CONSIDERATION OF MID -YEAR BUDGET REPORT FOR FISCAL YEAR 2010-2011. Finance Director Falconer presented the staff report. Council Member Henderson asked staff to explain the Fire Tax Credit further for better understanding. Finance Director Falconer explained that with the expansion of City Hall, part of the plan was to install an Emergency Operations Center utilizing Fire Tax funds derived from redevelopment pass - through agreements. Mayor Adolph thanked staff for the explanation as the public believed the Emergency Operations Center was a bomb shelter for the City Council. Council Member Evans asked how long has Mr. Falconer served with the City. Finance Director Falconer stated he has been employed with the City for 16 years. In addition, Council Member Evans asked which has been the toughest mid -year budget report in the last 16 years. Finance Director Falconer stated this year ranks third with the last two years being first and second, respectively. MOTION - It was moved by Council Members Sniff/Henderson to: 1) approve an increase in estimated revenues totaling $2,697,983 in the General Fund and a decrease of $(42,363,836) from other City Funds as outlined in Attachments 1-5 of the staff report; 2) approve an increase in appropriations o,53 City Council Minutes 7 February 15, 2011 totaling $2,440,397 in the General Fund and a decrease in appropriations of $(45,124,876) in other City Funds as outlined in Attachments 1-5 of the staff report. Motion carried unanimously. MOTION — It was moved by Council Members Sniff/Evans to receive and file the Mid -Year Budget Report. Motion carried unanimously. 5. CONSIDERATION OF A RESOLUTION ADOPTING THE CITY OF LA QUINTA FISCALLY RESPONSIBLE REDUCTION PLAN FOR ELIGIBLE EMPLOYEES. Manager Genovese presented the staff report. Counc Member Henderson asked if this is a PARS program as there are a few inst ces where PERS/PARS are referred to in the staff report. City Manager G ovese confirmed it is a PARS program and the PERS and PARS reference are eparate and were referenced as PERS/PARS for comparison; and further exp �ned the PERS program is open in the retirement criteria (5 years of service, sted in PERS, and 50 years of age) which will enable many employees to tire, leaving the organization having to fill necessary positions that may be me vacant; and with the PARS program there is more identified criteria wh h provides restrictive benefits that will ensure the organization can meet its sta ing needs. Council Member Evans asked if a PARS program is offered in conjunction with the PERS program. City Hager Genovese explained the PERS program is the primary retirement rogram and if offered a 'golden handshake,' an additional two years o ervice would have been provided with the PERS program; but with the PA program, it has been sized to equal the benefit to the agency and employee here a separate check would be issued. Council Member Henderson stated at by going with the PARS program the City was able to streamline th criteria to benefit the organization. City Manager Genovese confirmed an further explained that the criteria for the PARS program better suits the o anization, prevents many vacancies, and enables the organization to better s vice the needs of the residents. Council Member Sniff stated this is a situation that is bothersom\she ls badly that the City is in this position, even after being extrul financially; the City is being, considerate and helpful by offeringm to its employees; is bothered that many qualified, talented, anded employees may be leaving, but feels better that those employees can leave in a way that benefits them. Council Member Sniff stated Deputy City Clerk 0 54 ATTACHMENT 2 m co co 0 � � Y a — N o N O 3: }d N Q ._ 0 N C O ¢ a E 3 0 0 E c o Q p ao -; 0 m U L m `ry n Y a Y 0 .0 QU J3) Y 0 i d (D d a m y rn m rn cm N L N 3 O) 01 O) O) O) m Ln C C o Lp o C 0 'C f0 0 d C 'C 0 0 o 0 C 0 'C N 0 0 C 0 '� (0 0 d U a L U a L U a L U a L U a L E� a > Boa U L a E �c E E °c2 0 ma 9 W 0 N y O c o a .CO 0 v) a + N > y U o O N L a O N� -O a 0 O Y, 0 O Ln N O ] a O. O) C o .0 (O C 0 L C Q)` U 0 Q U OC •� � > S p a Q C ` E = E �% -X � .N O C .0 O E N N O_ Y c C w co Y m y 0° m a m E o c �e a a N c m o c o Y C CO C C Y W Y Q O �_ 7 C N Y Lo 7 7 U 0 Yco 0 U a C C �O•, N y f, •C L C C V 0> (D C N 'N O C O) C a p +T+ 7 U U U 0— O7 0 0 U N U LL �0+ U a N a C: .- N c� 4 Ln 0.55 Tjhf 4 4 Qaha COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of a Request by the County of Riverside Planning Commission to Utilize the Council Chambers for Public Hearings on April 20, May 25 and July 6, 2011 from 9:30 a.m. 5:00 p.m. RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on April 20, May 25 and July 6, 2011 from 9:30 a.m. to 5:00 p.m. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Planning Commission has requested that the Council Chambers be made available for Planning Commission meetings on the following dates in 2011: April 20, May 25 and, July 6. The request meets all the requirements of facility use as contained in the City's Guidelines. A complete application has been submitted (Attachment 1 ) for the City Council's consideration. FINDINGS AND ALTERNATIVES: 1 0-56 The alternatives available to the City Council include: 1. Approve a request from the County of Riverside Planning Commission to utilize the Council Chambers on April 20, May 25 and July 6, 2011 from 9:30 a.m. to 5:00 p.m.; or 2. Do not approve the request from the County of Riverside Planning Commission to utilize the Council Chambers; or 3. Provide staff with alternative direction. Respectfully submitted, Tom Hartung, Director of Building and Safety Attachment: 1. Application Approved for submission by: 'Thomas P. Genovese, City Manager 0-5l ATTACHMENT 1 44uiftraj Organization• r 1 I Z Uvj- 1 711 V% r.. Pereon(s) In, Char ge: efi r 1 PbA= a�e1 Address• a .Facility Requested: Cm Chamberis Type of Event: Public —IL— Private, —_ Description of Activity: Z b'11 on Dates Use, "rl(o 1A C)j _ Size of Group: Time of Use: Start ( Im. (a.m./P.M.) o • 6a Finiah WPO-Total SourS of 1786 _ 7K Certificate`of Additional insured Attached, -OF City insurance Requested: Pee Paid, N A Refundable Cleaning Deposit Paid; N/A Sessign 1Reas = $200 Council Chambers (up to 53 people) = SAW Council �.�bers (54 people plus) =.$500 N/A Total Paid: The undersigned hereby agrees to abide by the rules and regulations of the City'of is Quints u relat' the se of ublic facilities. r Date! C I�a'�3 11 Sigaatur Title: I ' Deposit Required Por: Aepasit Returned: Date: .I R/� A NOTE- Yt. n.r..n •Loninr %M .PPife.ti.e MIA 4%. Pt.% .t It i"rool.ti.n PM 16 ■. .n eRRiR.r O, tq. •Penn"ring orprintien, it the PnRROR Is Pet M PKienr.t It. Pap..i.tti." t.r rhieh .PPL..ti.e i. ..4.. n+/+►• w.t Pre.wt .rittge ..RSnr,RtelPt t'= tM grwP to .ign. Twy� 4 4 a" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval to Excuse Planning Commissioner Mark Weber's Absence from the February 8, 2011, Planning Commission Meeting RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a request from Planning Commissioner Mark Weber to be excused from attending the February 8, 2011, Planning Commission meeting. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent ... If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above -stated limitations on absences." Staff has discussed this section with all Commissions and, in response, Commissioner Weber has requested of the City Council to be excused from the February 8, 2011, Planning Commission meeting. As noted on Attachment 1, Commissioner Weber did arrive for the Planning Commission meeting, but it had been adjourned and he was counted as absent. a 0, 59 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve Commissioner Weber's request to be excused from the February 8, 2011, Planning Commission meeting; or 2. Deny Commissioner Weber's request; or 3. Provide staff with alternative direction. Respectfully s Les Joh'qi&dfi, Planning Director Approved for submission by: A Thomas P. Genovese, City Manager Attachment: 1 . Request from Commissioner Weber 0 60 ATTACHMENT Walker From: markdweber@live.com Sent: Friday, March 04, 2011 9:54 AM To: Carolyn Walker; Les Johnson Cc: Ed Alderson Subject: Planning Commission Meeting Carolyn/Les, Unfortunately I missed the last Planning Commission meeting on February 8th.. I had a work commitment in Anaheim that day however, I drove back to attend the PC meeting but due to the very short agenda, I arrived just as the meeting adjourned. I want to assure staff and Council that I am keeping up with the PC issues and will continue to do so in the future. Please ask if the City Council will consider excusing this absence. Regards, Mark Sent on the Sprint® Now Network from my BlackBerry® 0,61 T-af 4 4V a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 1.5, 2011 BUSINESS SESSION: _ ITEM TITLE: Authorization for Overnight Travel for Four Members of the Historic Preservation Commission and CONSENT CALENDAR: Planning Manager to Attend the 361" Annual California STUDY SESSION: Preservation Conference in Santa Monica, CA, May 15-18, 2011 PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for four members of the Historic Preservation Commission and Planning Manager to attend the three-day 2011 California Preservation Conference in Santa Monica, CA, May 15-18, 2011. Three members and the Planning Manager will be attending the full Conference. Commissioner Wilbur will only attend two days of the Conference (see cost breakdown below). FISCAL IMPLICATIONS: Costs associated with attending the Conference will be funded through Travel, Training & Meetings, Account No. 101-6001-463.51-01. This conference was budgeted in the 2010-2011 Fiscal Year Budget at $6,000. The breakdown of expenditures is anticipated to be as follows: Planning Manager and Three Commissioners • Conference Enrollment — Early Registration $ 230 • Travel & Parking $ 32* • Meals ($75 x 3 days) $ 225 • Workshops & Tours $ 50 • Lodging (3 nights — 5/15-17) $ 684 Subtotal $1,221 x 4=$4,884 *Planning Manager will be providing transportation via city pool vehicle for all attendees other than Commissioner Wilbur. Amount identified is for parking expense. C 0-•62 Commissioner Wilbur • Conference Enrollment — Early Registration • Travel & Parking • Meals ($75 x 2 days) • Workshops & Tours • Lodging (2 nights — 5/14-15) Subtotal TOTAL CHARTER CITY IMPLICATIONS: None BACKGROUND AND OVERVIEW: $ 230 $ 204 $ 150 $ 50 $ 456 $1,090 = $ 1,090 $ 5,974 The three-day Conference will have over 30 education sessions and workshops including such topics as: Gaining the Technical Edge, The Future of Historic Preservation, and Creating a Grade 'A' Historic Preservation Program. Additional Seminar information is included in Attachment 1. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for three Historic Preservation Commissioners and Planning Manager to attend the 36`" Annual California Preservation Conference in Santa Monica, CA, May 15-18, 2011; or 2. Do not approve authorization for overnight for three Historic Preservation Commissioners and Planning Manager to attend the 36`h Annual California Preservation Conference in Santa Monica, CA, May 15-18, 2011; or 3. Provide staff with alternative direction. submitted, nson, Planning Director p. 0 63 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Conference Material 0'64 AIIAUNIVEN Conference Sponsors. The 361" Annual California Preservation Conference explores KEYSTONE the future of preservation and its essential role in sustainability, City of Santa Monica economic development, and community character. CORNERSTONE The Getty Conservation Institute CAPITAL Armbruster Goldsmith & Delvac LLP California State Parks — Office of Historic Preservation Historic Resources Group Morley Builders Spectra Company PILLAR Chattel Architecture, Planning & Preservation Inc. Cody Anderson Wasney Architects, Inc. IS Architecture Marmol Radziner + Associates Page & Turnbull PCL Construction SUPPORTING Angel City Pres Architectural Photography & Design Castle Window Covers Inc. Chatten-Brown & Carstens Architectureforsale.com Galvin Preservation Associates Inc. Heritage Architecture & Planning Holmes Culley Judson Studios Kelly Sutherlin McLeod Architecture Inc. Melvyn Green and Associates Randall/McAnany Company Simpson Gumpertz & Heger Structural Focus NONPROFIT Graduate Programs in Historic Preservation, USC School of Architecture OVER 30 EDUCATIONAL SESSIONS AND WORKSHOPS, TAUGHT BY MORE THAN 100 EXPERTS ON FIVE TRACKS Gaining the Technical Edge: Innovative Preservation Practices Peering Over the Edge: The Future of Historic Preservation Redefining the Edge: Conserving Community Character • The Cutting Edge: Partnerships, Development, and Incentives • On the LEEDing Edge: Sustainability, Preservation, and Rating Systems CONTINUING EDUCATION CREDITS 'Conference programs, workshops and study tours qualify for AIA, AICP, ASLA, CLG, USGBC and MCLE continuing education credits. EXCLUSIVE TOURS THAT HIGHLIGHT THE SANTA MONICA REGION'S RICH ARCHITECTURE AND HISTORY Eames House 1 Marquez Cemetery Will Rogers State Historic Park i Adamson House Paramount Ranch I Santa Monica Pier Palisades Park I Horatio West Court Muscle Beach ; Ocean Park Methodist Episcopal Church and more! SPECIAL EVENTS IN HISTORIC AND STUNNING LOCATIONS Annenberg Community Beach House Santa Monica Bay Woman's Club Miles Playhouse Miramar Moreton Bay Fig Tree Barnum Hall La Senora Reasearch Center and more! WHO SHOULD ATTEND Architects' City and County Planners Landscape Planners Historians Engineers Educators Attorneys Contractors Advo- cates Real Estate Agents Historic Property Owners and many others involved in California's heritage! SPONSOR, EXHIBIT, ADVERTISE Conference Sponsorship, Exhibit, and Program Book advertising opportunities still available! Receive excellent benefits and support a worthwhile cause at the same time. For more information, contact Yvonne Dunkley at 415.495.0349 or cpf@california preservation.org. VOLUNTEER Do a good deed and attend the conference for free (based on the number of hours volunteered). FOR MORE INFORMATION Visit www.californiapreservation.org today! 0 65 CAL-1FO RHIA P t E$ER YA T I0" F o u e o A, 1 o a 5 Third Street, Suite A2a Son Francisco, CA 94103 CONI'FRENCC HEADQUA.RTFRS AND A.CCOINAMCIDATiONS The 2011 Conference Headquarters is at the Famrml Miramar Hotel and Bungalows(mww.faiimont.com/santan-ortrca). 14otel rocrns at ttre Fairmont Miramar Hotel are available until April 15, 2011 at a discounted rate of R199 (single/double) for the nights of May 15 through May i 8, tot 1. Call W,540. 4470 to make reservations and be sure to reference our group code, "California Pmmrvatacn Conference'. Rooms are limited so make your reservations eadyl For a complete list cl hotels and other accommodations near the Conference Headquarters, phase visit our website at wvnaccakYomiapreservation.org. CONFERENCE REGISTRATION Online registrations begin February 2011 at www.califomiapreservation.org. To receive a registration brochure, contact cpf@califomiapreservation.org or 415.495.0349. FEES Registrations received by Friday, AprH8, 2011: S230 CPF Members; $270 Non- members. After April 8, 2011: $255 CPF Members; $295 Non-members. Registration fee includes file Educational Sessions, Plenary Session and an 8-month CPF membership for non-members. Fees for Study Tours, Mobile Workshops and Special Events are additional. Package deals, one -day only, and student options are available. %%1 0 " 66 Titf Ot 4 a" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of a Grant Application to the California Department of Resources Recycling and Recovery (CalRecycle) for a Curbside Household Hazardous Waste Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 19 STUDY SESSION: PUBLIC HEARING: Approve a grant application to the California Department of Resources Recycling and Recovery (CalRecycle) for a Curbside Household Hazardous Waste (HHW) Program. FISCAL IMPLICATIONS: Should the City's grant application be selected for funding, staff will establish a revenue account to accept the funding, and a corresponding expenditure account to track expenses should the City Council approve the grant application for submission. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On November 16, 2010, the City Council approved the adoption of an Environmentally Preferable Purchasing policy. At that time staff informed the City Council that it intended to return to the City Council for them to approve the submission of a grant application to CalRecycle. Staff will be submitting a joint application with the County of Riverside (County) to implement a curbside HHW program and expand the number of HHW events from one up to four. During this past year, the number of La Quinta HHW events were reduced by the County from two to one due to the opening of the permanent HHW facility located in Palm Springs. This funding will allow the City to improve the HHW program offered to La Quinta residents and decrease the HHW waste sent to landfills. ,#. V67 The 19" (Fiscal Year 2010-201 1) Cycle HHW grants are competitive grants made available by CalRecycle to help local governments establish or expand HHW collection programs. Staff will be submitting a completed grant application by the deadline which is April 15, 2011. Staff recommends that the City Council approve a grant application for the potential of implementing a curbside HHW program for the residents of La Quinta and to continue City Council's priority of encouraging residents to help lead their community in becoming a Coachella Valley model in energy, water conservation and recycling. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a grant application to CalRecycle for a curbside HHW program; or 2. Do not approve a grant application to CalRecycle for a curbside HHW program; or 3. Provide staff with alternative direction. Respectfully submitted, ('��p Bret M. Pluml�ee Assistant City Manager -Management Services Approved for submission by: Thomas P. Genovese, City Manager 0768 ceihw44QUM& COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Adoption of a Resolution Setting Forth the Records Retention Schedule for Departments and Offices of the City and Approving Destruction of Records in Accordance Herewith RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution setting forth the Records Retention Schedule for departments and offices of the City and approve the destruction of records in accordance herewith. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On February 16, 2010, the City Council adopted the City of La Quinta Records Management Manual by Resolution 2010-016, which included a Records Retentions Schedule. Resolution 2010-016 permits revisions to the Records Management Manual with the approval of the City Manager. Resolution 2010-016 and Government Code Section 34090 require revisions to the Retention Schedule to be adopted by City Council resolution. Since its adoption in February 2010, changes and additions to the Retention Schedule's file names have been requested to include new record types, records specific to La Quinta or to more accurately reflect City file names. Changes to retention duration are all increases to the State minimum, and are deemed necessary by Staff for practical, historic or research reasons. The goal is to keep long- .. G9 term or permanent records in electronic form rather than paper so that they are readily accessible to all departments, and storage space needs do not expand beyond the records rooms in City Hall. Changes and additions are noted in italics on the proposed Retention Schedule attached as Exhibit A to the Resolution. The Retention Schedule has been reviewed and approved by the City Attorney. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: �. Adopt a resolution setting forth the Records Retention Schedule for departments and offices of the City and approve the destruction of records in accordance herewith; or 2. Do not adopt the proposed Resolution; or 3. Provide staff with alternative direction. Respectfully submitted, Veronica Montecino, CIVIC, City Clerk Approved for submission by: f Thomas P. Genovese, City Manager 0'70 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE FOR DEPARTMENTS AND OFFICES OF THE CITY AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH WHEREAS, except for records less than two years old and certain other records, Government Code Section 34090 authorizes the head of the city department to destroy any city record, document, instrument, book or paper under his/her charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and written consent of the City Attorney; and WHEREAS, the City Council believes there are benefits of ease of administration to adopting a Records Retention Schedule governing the disposition and destruction of official city records in accordance with State and Federal laws, and records management best practices, and WHEREAS, the City Attorney has reviewed and approved the attached Records Retention Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. The Records Retention Schedule, attached hereto as Exhibit A and incorporated as part of this Resolution is hereby adopted. 2. The destruction of records no longer required for administrative, legal, fiscal or historical reasons is approved provided it is done in strict compliance with the retention period set forth in the Records Retention Schedule. 3. Records are not to be kept beyond the retention period set forth in the Records Retention Schedule. 4. The Record Retention Schedule adopted by Resolution 2010-016 is hereby rescinded. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day of March 2011 by the following vote: a V 71 Resolution No. 2011- Records Retention Schedule Adopted: March 15, 2011 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California - V 72 xeniw-- i I W (O (0 0 I- r W 0) O Co N N M m m V V V V Q a W J Z ❑ ° w � Y I Z (7 p i E o a Q U a) a o .� O W m Z � w it C w � ( o w E a a) v LN F Z n 7 C 'y O W O. (y c Ci Z 06 -o -C m m O m ci W O 2 0 o c m p > a> c W° z o o `o ❑ F' Q� D O ao H c Q (D p °� p d Q o Z -O CL C O ICI N >. E Ci 0 J U ,ur 1 F- c o dS a� .o Z c o .v m Q Q aci d = r O Cl o� m � I U a O E U m° E E 5 U Z _ (ry o N U E Z a. o E> Z °c Q ~- -o S .a) o' Z O r+ C E -O O ` a� C Y 'O C '�+ > X �( V p 0 .O = -0 O �" U Q �..� N co O N Ci O U m Z U C N III O >. m O N> N m 7 0 7 C�_ N J 2 d u LL W W lL (D d CO m CQ� H f Q (J p. d d d V,, O W r J N co d l0 (O _ N Cl) d 00 _ N _ N M d to (O r 00 O) 0 00000 00000 00 000000000 m N N N N N M (M d d d did d d d d O N M d 0 d m co a 0373 l0 l0 LO l0 h W W 00 00 m m 0) O N N co co V 7 Ln (O (O (O n W N N N N N N N N N N N N N N N N i W H W N :7 W U > � Q a y 3 Z a) (y � m C cr O a) d3 YLU N 0 ) �'2 W n vi 0 Z a _0 YC ON YC m W e, O CL Z C O O N C a > o _0 �_ Z W "O N Q N U Q E c o m W a c F-'' c p c c m _c a) a) u) o C 'C IL a) Q a co Z .o m n. _0 (n y m W Q a) a J aO cc 'No M m L) a.0) m .°� N o o a c a) Q) m a F o y Q ai W m Y w c aa)i a Z" E m Y 0 3 o o a J- p C U v N m O aUi 0 C m o N V% .�..0 ~ a E C m LU +CO N Z _° a_ ?� d 0� a '� aci c° m (tea U N M aNi d j Q d o o� M N N C U a) O N C Q Y �' Q .� M> CL CL d a 4) QC j Z C m C Y m [[ m C Ua) m O ++ C C O N H (0 m a) O) co m a) Q m 7 m f� O. C Q N C C -0 'p Y N OU N` 0 m m y 0 N 7 Y w Y Z O �, c a) N Y U N N Z N C _O c0 U 'O Vl p V O> �.i' (D Cn @.. M p a) @@ C C 7 7 M 7 0 U �_ 3 a) M a) a) M M W m m a) L)C7 W W CO aoU in C00000 2TCL W cL¢ Wcn_5 U US JJW JJQ O, N M N M It LO co r 00 O) O �— N M N M [t LO N M'* LO OOOOOOOOO O O OOOOOO OOOOO i � d' It LO (O Ln Ln W W In W LO In W (O (O I, n r` r n 00 00 00 00 00 o � � to 007&1- - - I I II i -- co 00 O O C) O O O N N N N M M co M co co co co co co co M co M M M M M co co co Z O F Q I Z C Q O Z O Y C Z O F cn Q U Q) C6 vi a D O Z F n Y O W U Q C o Q W O U a O z a ai U O co a) C -Z .— m O CC . �o yE m LL C' W mM zYN m � 7 O ' LL C N` ~H j OCZQ W z Em p cc .rnC a) O > Um 0 0 0 0WcmUn LL LLI Q C O paC) cc�O ym _C (n n cc N YrO O "a C ( m mW m E C IL w mW a) .0 N U O m 7 C LL -m 7 O O cc 7 m 'OO w CL0 CL ommOQC aQam Oc7c7�1—UH (nc7waLLQlwU QUCC W N M N N M V Lo (O N M �Y Lo (O I-- N CO) 00 O O0000 0 0 0 0 O O 000000 0 0 0 0 0 c 0 O O _ 0 0 0 0 N N N N N N M M M Cl) Cl) M M O It It CO CO W O O O C O O O N M O O O Cl) O Cl) a) rn m a 0"15 i _ > -am > a O n a n a m m > `m w o c o _> Q > « d o, Q rn c c m -6 Q En > c o o r Z ° d c G o y m E_ 'm U o y > m m o F wo m c m o V 0 o > u j> c m a °' o Q m` N m O m � mac O N> N O O ,«O m 9 0 Y _ F O d C E O a c O O m .O N O U y U U O O UI=L' U N V Q :c w 0a U U m ec W y y y V U U C m E C m a N c N c— a O m O w N J m E 0 0 c o o> E r C '9 '9 '� a U O E 'o m y y d' d_ y a a d 9 m c y 0_ O O p ID N U O U O U m U O U y W iEp LL O CDm= N O J J lL O O 2 0_ c c > > 00 OD 00 00 m m w Co M M Cl) Cl) Cl) V N Z U W J m= a � oUZW 0U �o5U �O� O LUL UU)n U O O a LL » w U LL Ca O O n O o Q @ C U a Z ° C InLU U N a) M U � W 0 > w ° a ,m, U — a .— ❑ m w to m y c�o°a"m wo o'mUa 0 t U may. my�ydm .>. 3 N N ° c U E O O c Z)� .0 a6i > � G C Z w m > U E U c m — F N 0 � w O`00 0 0 0 0 Q U o LO a �+UU o w L o 0�76 e t � S o j ? �po000'E��a .li i 0 0oaa0 0 i 0 m 0 o o m m o m 0 m 0 o 0 0 0 0 0 0 0 m a m o m 0 o 0 o 0 m 0 !a m 0 o' 0 I( k C M U O U O U<<< O 0 C C r U V C C U q 0 U V V (: C C M � i ° I a C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C 0 C o i C 0 C 0 C 0 C 0 C o C tktk U U U U u U U U V U u U u U U U U U U U 4 U V O U u U U U U U V U N N N N� � � 1 ' —� IIIIII t L t{ C C U IDC p_ C C C 6 + n E n d U << Q R •N a E E m z E '0 E E E Q z z z C G c 7 '. N Q r m E N N N m c E rn c m c m c c a = t ' a 1 2i a 2 a 2 aN p i d .' -O n O o d d O 0 a 'O d -O d J 0� .� Z N d li m m N U m m m m 4 °- U U U cc — N € N N N N N N N N N T T + J O N N N N ?� N N N 3 N I A+ } N L H Z W t m �' Q `m N `m N `m N N O N FN ? T T T T N N N ? T T T T C W '? o 0 o d o o o "i aoi m m t w a m 0 � r N t I ` o N �Wto ! m �I N E o N N I m LD U - so o °N o c m Z W m s aN l E o +n m g C` o m N m m m C m a V oo m O e d No �Q I N N cm G 0 m d c t V j W t 7 m a Y. i m } o m E¢ E m m Y 1p m o o uc N m E U'i t 0 a° O vi m C c N m O>o N 0� UE a 0 H in m N m o i m - °� m m -:� m-"m1O:�o zQ o c im x m T g4m W(OE ofYE31N>U U V w F¢dC7W ivc2 0O O O13 O OO OOMli 0 �t- E ,a.. LL 7 !l���� 0�7r' i 1 t LLm^ V tEt � C O i 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o _J 7 J _J - >> 3 C I O O O O moo U II ( ! .Y M C7 C7 ,,q{ 0 i 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0>>>>>>>> > > > > > > > > O O O O N¢ M M M M C ,1 a f M a M <t C) a M ry n {{{ M M M M M M M M M M M U U U U U 0 0 0 0 0 C. 0 0 ' U U U V (� m O U iy U U C7 V U' U C7 U U U O U 00 U U U U 0 V U' U 0 o oO o U' m w m vt w w w ut j 0 C7 O o r U M O L L L L L L L L i U m 0 i p N \ > O O O o o o o o o o o y �' O O O O O O O O N O O C. C C C C C C C C C C C T �, C C C C C C C C C C C C C C NL U V U U V U U U U V U U U U U U V U U U U V U U i( U U U O _ N j w n n n a w (7 d m m m 6 6 n m( w w U_ w U_ w U_ U Q N Y Y N N Y U Y Y (� Z_ } _U m .N z t rn a a M m m a Z ¢ ¢ ¢ h- ¢ ¢ ¢ ¢ ¢ ¢ C Q C pt O� W W C C C Op Q D1 U Z Z OI W C c W W O Z W W { .I W W W W G C C O O C - C J '5 J J J_ O J J w I o w 0 •/L -O J+ J J U U U D U U O O OO } 4 U N L N .N N N .ddd NO N O O O N 12 ¢ 2� N N 2 €LL I LLM LL Z W0O zzz 2 i i h N N`` w >> N N N> T T? N N> F N N N N J O } I N N}}} N N N N H Z z Z z Z z Z -F + N Z z Z z z Z Z z z Z Z z z Z Z +++ + t W W W W W W W W Z W Z W Z W Z W Z� Z z Q z Q Z+ Q a -moo m Z Q Z Q Z p W d d d d d d d y d d > > > T > > ¢ ¢ ¢ ¢ > ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ F m m m m w d . c c d d d c c c c d d /l1J U i I > « y N O m d '>' a m 5 3 a (w' = m ar ar a a m `o LL y (O; o o d U N zi d N U L y EU L c W om 3 T O U C N 'UO ONp Udd > N N 6-0 . o Jo C .O z cOONN m m OJ E w o to a LL oJD n n 3 a m o o w m¢= �- o m O t m o a3i t«« m" Z o _. 3 O a a Z o U a U o d Q Q ¢. m U U a` Z d U U U Q Y <p i U F M I ' _ N M a O r m W 0^ N M a i!l (O I� m 01 O N M a (N`` N w O 0 0 0 0 0 0 0 0 0 � •- N N N N N I O f O O o O o O O a e v a v a a o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0— o ZiO o —— — LL LL a�Dz co O W O m a OJ78 o 0 0 ' O m m m 0 m o o 0 0 o o o a -.I x N o x a "O V v ci o jj{ ; D u U U U t U U (D U CD ( O m U O p o C; V o o c Ci o c a o j m E O0 a o d d d J a N a \ C GI C k N N C C C N O , I N N N U Q z Q Z O C C U N U U V U .333.0 0 C) U' V' U V' �: ; U' V' z z V' z z z z Z Z z z z Z z w w w E E r! w w w t Z 4 z Z z Z z z Z z z z z •L O fn N fn N T N T 4 J j U J U Vco m Q Q 4: Q Q Q Q t + Z Z Z Z �' �� Z+ Z Z Z Z Z a y W z W Z W Z W z # E Z 9 Z Z Z z z z m m m d d m liJ a a a `��' ¢ s ¢ UmA coo ¢ a s a UJ � � n o a a a a { a V c C { C` ao « 0€' � ; I i I v is J1 N y i E N C � c N N W CL rn m o aI N T J' 'O C U N I O C y _N y t t( � k 0 LT 'n } R o c� m m a m j Z iGGm J U T N i fn N >> y � m x a> m 3 2 3 2 O a C a c N `0 N 9 = N d m N c 0 C C o UU C C 0� C C o Z� � Z N a m OI o y C = R R p 9 C N o tOl (OJ N m d V N N O A O y m d m m m a m a w J O Q I 2 a¢ 42: F- F N > U O w w ¢¢ r[ o 0 0 L6 O "> L6 N 'o FogEqo 0 0 0 0 0 0 0 0W�O IL o 0 0 o o N 0 M 0 a 0 m O O O O o O o ^ p Fwao o C) o t± O } o 0 O 0 LL E = i i v � u u N 2; z � z M O 0 m ID a 0 79 a M V O U U 0 0 0 o U d o o k m G m o v o u U d d M O U p p U p M O m M M M o O d p 0 o m d m m d m o O o O N N m N 0 N O O J O N N O O 0 {( O m y m M y M M O t\ Y_ 0 0 0 0 U O M U M U m M U U U p m U U U d « m w m m b U m O m O m o d 7 7 a d E d E E E o E d E¢ N E E o M M C) w U U f r l U U U d d N O O O O y N 0O OC OO Ny N ! C C Cy - C C ,GCV J J J J U U V w a a a a a a a a a a a m U LL LL U LL ; y I I { d C9 C7 C7 (7 (7 (7 d d C9 ¢ d (7 (D ro 0 d i(7 Z Z z Z Z Z Z Z Z Z z O Z Z Z Z Z Z Q z z c .N Z Z z z Z Z Z z z Z z Z z Z Z z Z Z O Z c z zzzzz zzz zzzzz zzzzz zz p a a a a a a a a a a a- a a a a a a a a w a w LL _� O m a p• w a LL a a a a a a a w m a a a a a a � , N � Z > d i T a } J o Z Z+ Z N Z Z Z Z+ z} Z Z Z z Z Z } z} Z { , } } w W w w w w w w w w w w w w w w a ►- z z c z} z z z z z z z z z z z a z z H Z a a O a a a a a a a a a a a a a a ; a D a O W 22i m m m m O m o m ¢ w W 'a w w w a a a + W a w x w c m a m a x a a M a M M M O 0 o o J U J J J 11 SD I J r J t { l I ¢k i 0 m I m C O y a o a E m, p ao y a a O y N C y Q: n •+ y m N C� N U f10 O W O LL O c c a E E c E m C m N I C A y y `Vo N 9md ZW— o Z ZWw ZWa ff °o w U E WZ0 A a mn O o > c a d o O` U N O (7 FNd- OO wNm mUVn ay � lo. O O L 0 0 0 0 0- •' N N N N N N N N N N M M M 'a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N G LLLL N N N �Zjj M 0 co N O) (0 a OAO 0 0 0 0 O jl 0 9 k 3 9 O O C W o O N ¢] m o O m W o of o ro o o- o m o 0 m c6 O O m G m m. m •� k( I S I ( N m O W O O a O a N N N m N N N m N m O N N a ++�j a I M M O � O a g a M (O n m M M m w w m m M m M M �a M C) C) U m¢ v O E E E E E E O a ' m w� m m m m w m + � N I Gi N :! w N w N w U N w m w N w fq w N w o N w o O c O c O c O c O c £ U U U U U U U U U U a (.•�U U U fn ( U k 7 +�Y¢ gw w W { W w J J J J J J J J Q Q Q < Q L N J ! U Q U Q U U U U V U U Q Z z Z i{ Z z L E Q Q Q Q Q Q Q Q Q to U�U uU i i m m i E9 a N Z( O ( ! Z Z z N Z Z Z z Z} Z Z t Z}} N N J :1 { W Z W z W Z } W z W Z W Z W z W Z a W z W z w "i z a 'o k }} H Z Q Q Q Q Q j Q Q W 3 Q w w E C. c ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ t,- w F- W ¢ s - } w w w w w w w w w w w J q E E o u i 0. a d � d d d d a� a o. N j d o O w w cc Z , W 7 w N EL Q c N w w m J 1.1 y •L t m J w d w o I m m w I > i k W ;=mo m C U o m E ki w a m m E kiN N c CNN9NN=N� LIa+wNN ICii"L Nd w l 1.2 Z i1i > t 1 U w J N J H C w t w 3 m C N D O L w O. C O J m Q: mO_ t jI w O O w w w w m `� w E¢ O k > L O ¢ �.. ;. a S S¢¢ w¢ Q Q W E3 fn 61 .. o W •, p. 0 0a w.OJ OJ M Nm c6 O c6 O w OO N W WO O 'O o 0 ''2 O O LL C E N la O N O N O N O N O N N N N OD Z ,.i 0,J)81 O j 7 O { m M O M N Q M M M M = 4o40O O L)0O m f 0 O 00 O Q V o OO 0 OOOQOn 0 0 0 v O V U VO o a 6 a �. o tNM0 0pa ory 3o` U O U HIMIi mOaM 6E OOop u V U U U 1 0 TyEv 00aM 00aM 00Ma 0� o M a O U U U U0mMa U UU C7 C7 LD U o O O C O N O O O C C O ({# # O O O O O O O O O O { O co C 0 C)C LL LL LL LL IL IL U LL U U {y LL LL LL U U LL ! p:, LL LL lL LL LL LL LL LL LL LL ;^;i LL I ` w w w w w w w w w w w w w w w +"; w w w w w w w w w w w U U U U U V U U U V U U U U U Y E `! U U U z U z U z U z U z U Z V z U z U z Z z z z z Z z Z Z z z z z Z z ¢ m ° (" z 'g Q z Q Q Q Q Q Q Q Q Q t! Q Q Q Q Q Q Q Q Q Q Q Q Q Q W E ': Z z Z z Z Z z Z Z Z �q z z Z z z Z z z Z U m '�i I IL a LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL � LL E LL LL LL LL LL LL LL LL LL {'� E iN z y �2 E �2 E E N i T N T> N T N T N T> N N T> N 9 O n n n n n N Ain n n+ p ' J [n n n n n n N + + {p + + ++ + + + + + + T + + + Q + + + + + + + + + + > > O 9 c O W `o > 'o =o l� J U 7 J O J W y m m m m m J? 7 7 J 7 7 i 1 . 0 U ' { U a V 'm N o ¢ o o ( o o N LL ( J Y « V C U N ry ( e Q; t w 11 U L m l£ Q¢60NaN pcOUNN] El 1 , Z Q U� UoOnO=ENUQCmN aVYO E C 6 U N a%aNmGOQ �QoOCMOaGJ1 LL > { n (O N N CL 3 1 0 0 O O O O O O O a°Eop'J � N �C� N � N N N [ f� m W O O a' Om a a N m m m m N n N M M M M M M M M M M 0 0 O a U U U LL U a O M 0 0 ' U U U U U U U U U V n O ` m U N � L � U ry O> O a a t U U U V U U 0 U U U o� o o N N N N N N N 0 N M q m II O O 0 0 0 0 O 0 0 <O 0 O M U V O O O O O O O O o p ¢ E E a a a u U o m o ? o 0 o a o pe a a a aaa O $ N ( U U U U U U U U U .:" U U U U O `� :jU k '' o C7 0 (7 (7 0 0 0 0 0 .% o C7 D U x d O O O O O O O O O O O C O C C C C CO C C C C C C C C C C> (� LL LL LL LL LL LL LL LL LL LL LL LL LL ti ( LL LL U LL LL ty LL LL LL LL U U I 1 LW W W W ( W W W W W W W W Q g "� W W W W W W W W i �' • U U U U U U U U U U U, t U U Y U U V U U Y U { O O N �) z z z z z z z Z Z Z Z w , Z Z m Z Z Z Z Z¢ Z t w w c a a a a aa a a a a a¢ a a a a O z z z z I Z z z z Z z Z z �z z U z z z Z ZUz i LL LL LL LL LL LL LL a LL LL LL LL LL LL LL LL a z a (3 I— I Ix , « ; En « n m a N> N >> M M N > > T T>?>>>> T O O+ n n ++ + n w N r w F w ;' i 30 o o o o o o 0 0 z z QI— a++ (� a + z +zz ?� + �Z z I— Z m a a c o m o m a a a f 3+ ++++++++ c s a W � j a ,Jo ,Jo i n °• a m c a d .I J J 3 Q ! � I U i m O o Q. •'' � I U I � i I > ( N V E o > E m m II m a E m m m �C ( i j( V : a ~ C N U N I' W {'O V z o m V N N W N O LL N N O VJ d o O o o o m w a m E o= I m oU ¢ o m N i m omo m O om m m a• ao tC O O O O 145 (2 C j C X C C> >> > m U o w J J Q Q Q Q { 6 d a s a 1- > LL 7 a I ( �oi mi N M a aaa7 na Mwa O= O7 � NOma y OMa OMa OMa OmMa OtaafJ O(aaO Onaa Omaa 0 0 ti ,oa va va aa " ma wa ma Wa wa 0 0 0 0 O O O O O O O O O O 0 0 0 0 0 0 OOma O 2; a LL U. 7 (M O m c a- a 0-�83 N 1-',1 M O ¢ t po M M 0 M U bj U i ° 'so o O U0 � � 0 0 O 0 0 0 0 0 o o o :: m m m m m ,m 00 O U O 0 0 d O O 0 0 OU 0 0U O o MUaa m m M M M m Ma Ma Ma Ms MM ULL Ua VUO Ua I� IoMUs M O O O U U V OU � U � U U O 5 U U U Va UMU aEuo o 0 a a o� � ��a � pppp(M y M O C7 0 C7 CD C OC C OC OO O O 0 0 0 0( 0 C > > C E O oc c C CC C ,.0 C a U U LL LLOC y LL LL LL tf, C LL LL LL LL LL (, LL LL W Y W Y W d p 1 n d 3 'W W W W W W W W n V M V m V W W U W N W W W lV N { W W W W W "O i U V U U V U U U a Z ¢ O Z 0 Z U U U 'o U V U U D i U U U U U N z Z z z "� Z z z Z 3¢�¢ z Z M z M Z Z z Z pr # + Z Z z Z Z C 4 ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ $' Z_ Z_ U Z_ ¢ ¢ p ¢ S ¢ ¢ ¢ Q .c ¢ ¢ ¢ ¢ ¢ O z z z z z z Z z� �- LL v LL z z o z ? z z z Z> z z z z z a ( E aLL LL LL LL LL LL LL LL m� m� LL LL n LL d LL 4L LL LL Q � E) LL LL LL LL LL y y� E i �, N s N N N N N N N N N N >. d �' E D N N N N N m>> Z m> N i N T N T N T N T N T N > N T N > T N W m 0 y U T T> :� T>> T T T T �_ I 77 n ; n n a n n n n n n++ �' J i Z z+ + + + + + + + + + Q + + + + �. �' + + + + + a F- Z Z ¢ Z ¢ m .a + a o a 'o a 'o a 'o m m+ D D a a D o 0 i 'o. =p `o =o `o y n o a -o H a a `o 'o `o r w w N J J J x J J J J J J d E y d p J J J U J J J J J j r W j a a o. m f , m m m m m m m m m o� u m n m y d t h' m m m m m j y - y C ,j C C C C C C C C C—— - p C C C C C C C C C J J I La t � , ,I UCpp •O HFpN yCcycE CymOvo LC ?sycEO N¢c C E E mLLy wv > UcE E yyayUpi Q Eo U W o E O nEN m c m _d6yoC« Wm . tJ m w y Y x J ' N o rN F c m a c .01ua> 4 m j ° (m LL 2m Z C C ( V a Q 0 S 3 MO mOa O 06 m O {j#SSSSS O Oma lO O O M m m m m m 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 a 0 a = o aLL U QQ U DZ z3 co O N (D M a 0)84 v p (O 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0rna 0arn 0ma 0ma 0ma EdO 't O0 Ma Mv Ma M rna rna ma ma ma rna ma ma O Od Oa> N O O � d *O' O o 0 0 0 0 0 0 OO O O O o O O 0 M O O v v y N N U U U U U U U U M M U U U U U C rn C C C C) 1 0 V M M v w {� (U7 O ! O t9 (7 (7 c a c c (7 p 'j o U CU7 CU7 E U m E d v E v E v E v E 1 U N O O N N N N r :i 0 0 C c I� �}� O y O O O O O O p O 0 0 0 p p �. O O O E 0 0 0 0 0 0 �. wi LL LL LL LL LL d LL V V i V U U U d V V U V d d V U u J V U V a a d co _ d N �:, ✓ w '� m 9 w w W W W E w w w E w w 0 a U U V V rn U (9 O U V U U U E U U U E U (. a Y Y U N W c z z z Z c E z z_ � t z z z z z t Z Z Z Z w w w Z m w w w w C G C Q Q Q Q N Q U W:.Q I Q Q Q Q N Q Q Q tE Q :.{ C J J Q U N J J J J .i O E z z z z N n z .fZ z z z z z z z z z .{ .. "= u u z d u U u u a LL LL LL LL a lL J« ,� g m ry inZz ` LL LL LL LL LL LL LL LL "p LL jjjj LL J m d i N N Z J Q N Z N N Z 2 N Z r: + + r n n n r 3+ 3 >i r E n ++ + z + + z Z + Z a a + + + + + p A + + + A + + + + q Q a s Tm TQ m ° « « pOp dm O0 W > > > > 16 a > "ooJ J J J J J E E aN Lu mmk 9 O `m m m m C C C C C E 7 W N N N LL N o a � _— a a avodc C a E o Q. a > m rn O y a > \ m .J. C N J U Q -p -p m = M v U N s y ' l E v v m= y ,� v E d rn (df j `m m -p m I 2 E U LL i.W.13 f J o E f { ( o. o o a ! U N « c U p o `o d ¢ c 1 O ra 4 O J d - 0> ° a w _ y vi w d a7 v Y p a v m E c E 5 vJ m E 'v 'O moo« vv m wa`c m� M LL I t{ N d N M O g w J i « ,n ,n p O N O `ry E (7 f/) p 111 (/) 4 E U 0) y d O' W fA y Y W d ( Q O N « O J E J U (i! tit U> J O m m m m C C N W I O{ O rn d i N "J �J C N I' N N CGi' U O O C �_ �_ O LL LL U N V m J m m J m LL U' O ¢q Q ^' J d Q d d d 0 I-} 7 m m U CL CL m m M a W (O h m rn O O O i N M a lO t0 I� m rn^ 0 0 0 0 0 0 0 '� '� 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N a N ? M M M M M M M M M 0 0 0 0 0 0 0 V h U. a a E v� i v z D Zic CO 0 CO (D O) )q a o)a5 paj N N N N o m a 0 0 0 o O O O 0 0 0 0 Q O N O O 0 N pm M 0 m m m m O O f 0 0 7 f O OO !m O M O M O O O m 0 0 0 0t n^ w w N m m m m m y w m M M V C7 O aM C7 C9 O O O O - m ¢LL njm LL W W W W W W : NUV 0 UU UU V(7 U (7 U i a a a a m 0 o 0 U E E E E E m E U U U ) U I O O O O O O O O # tP O O O O O O O O I O O O O O O O C c c c c c C C i C C C C C C C C C C C C C C C U d V U U U U U V ' U U U U U U U i .' U V U U U V U V V U U U U U U U U U U U U U ., U U U U U U V V N ( W { , i 4w w w w w w w w { w w w w w w w w w U =w U w V w U w U w U w V w U w U U U V U U U U I U U ¢¢¢¢¢¢¢¢ U U U U U V :� ¢ ¢ ¢¢¢¢¢¢ ¢¢¢¢¢¢¢¢ 0 0 0 0 i ¢ >>> >>> 7 D D D 7 D 0 o 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 m m m m m m m m m m m m m m m m gm m m m m m m m w w w w w w w w •i 0 z z z z z z Z Z z z z z z z z z z °z z Z Z Z Z Z Z a a a a a aaaa a a a a a a a a a a a a a a a a a y Z W W W N W N i W p W W W W W W W W W N W W > W > W > N > > > > > > > d d t N N N } } } } H Z O' to « -m a c .W. W W m m w m �a `m m `m o m m O W .E E ¢ n n n n n n W W W W W LU CL C C C C 3 V c ! N! W lz 0 W •L v a :� W o U) ':—( E W c iL N 0 0;{ m W a m W T 0 0 W W 7 WiW o o W a F¢t > d d> >. E w wIm twtc W N (. i > c W> o o. o Z._m W a m= W c > m m L! u d Q a a w E W J C]•., m o p m O o o 0 N o w w E E w 0 a>i a a m c a Z! Q x O c Z W w a O c r W > m Z! u E W a o m m E m o E m m JW Qa>>>>> 3 0 0 0 0 0 0 n W E °3 m H o. c 'c C 3 E wf o m E `m p p of c m W m m W c o m W d W Y o d E E E E E aEi m U W m F w o iQ m m o m¢ 2 n l (. a m c0 m m i O N O M O a O i0 O O 0 O 0 m O O O 0 O O O 0 O O O O O N N N N N N N N N i ! M M M M M M M M y a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �m 0 0 0 mwwwmw 0 0 0 0 0 E �mwmmmmmm m mmmm n nmm LL D' Dz Ni_i I t 0 ,N86 6i N m 11I Q ^O O m « a a umi O_ _ O C O O O ^ i Jj r¢ O m -7 A 7 { O N h¢ �p y 0 O) �0 O m M O O O O 0 •Y m O co O w I� U ri= 3 N O �0 O l0 D7 1 O M N N tD � a J O O t0 w N N t0 w ifJ � (C M m 0'. N m N y ll b Co O J O) m 3 N m (0 a y y a M O O) O tD 7 N m - O a M y¢ m 0 W W N W m W W N Y m N�O W m W N :QU O M LL N IOU W ISi �fVO O V M V U N m �m N m m '? (7 7 O N M U U N (J m �. C {p O m m m m O oNN�y ;mo m U E E E M Q m0(7 M ry E E E b M J N M W U W W U U N N f N¢ N N omi N N m� U •� � i j{ � n m !t '� m cp0 � r i O i q# O o 0 0 0 o t '; 0 0 0 o O o� 0 0 0 0 0 C U i U U U U U U V V U U :3 U U U U U V u U u U u V U V U U =s U U U U O O O O O O O O O O a { O O O O O 'y k N h i w w w w w c w w w w w w C¢ ¢ i 2 ¢ ¢ ¢ € c •� O z 2 z z z z z 4 :� z z z z z z z z z z z a Q a a a a s= a a a a a s a a a a a a y g D D Z T O H Z a Q a a m 5y = m m m LLI m d d O H d W d `m T n a o. E m o. n a u coi u coi u 1"1"' 4 + J W l m W m m J y f/1 _ y W o E c L L L t L c = coi I I 13 t I i I O. °i I ( o. O o i � ❑ o �y�, 0 m �' W (W1a wi m m �(n E O V y� O \ w C fA C- I C Vl O m U iF{ O C y m a U m F•j 'w o c 0 W Vl yz > W J J m 3 o m o y o (Jj c c c c awO s°OwOO ' 0 mo E a W 0 ¢o aOa10 �Na U ¢0 MaUS 7O O O ON0m O O 0 0 O O 000 f`m0 ( O O O O 0 00 LL ¢ is 7 Z V 8 7 m o 7 I cn m N m m °j Wa 0m C� N tO O O 1 O nN¢Na o o(�am o o roo roo a - a 64 f 0 w mEo Y LL NoUN O 0U O'0aU 0 fNmSA MN. U m E E M d M MU oMNE U cM N LLyU Q U m N ,n (7 0 vOi O r n F � �° U m cD N N h t 0 0 0 0 0 O O O O O O O ° O SO 0. .0 OaC j p C C C C C C C C C C C G C U j J J U U U V U V U U U R K 2 - U U U U U U U U U 2 2 2 I V U U V W w w w w ! ( w w w w w w W W W U ij j w f U w U w U w U Y U n U U U 1 U ¢ U ¢ U ¢ V ¢ U ¢ U ¢ U U K G: ¢ ¢ ¢ ¢ •— ¢ n ¢ ¢ ¢ 1 S S O S >> > 0 a o 000 o 0 0 0 0 0 00 0 0 0 0 0 0 ( foo 0 0 � In m to m m m m (n m m m y y y m w m w (O w m w C ¢ ¢ ¢ E w w ¢ w ¢ w ¢ w ¢ w ¢ K 2 ¢ i ¢ ¢ ¢ •L C Z C N Z Z Z Z Z Z Z Z Z Z Z Z ( 2 Z Z Z L a ° oaaa ? a a a a as e e e ��� y a g S S S S 2 2 2 i i 2 S 2 S i 7— > N T>>>> N N N N • n > 1° N N N F z w w d m o0 c o M m m H Z > > m O m `J ° N a) w w � N M y� d d I E [! y o m U I w ,O *' G E a i (n rn E E t0 ¢ La a O U m c m° c a is`1 0 E c o o m m m :1 ° c m ¢ H> J O 'o O w ..O_ w h, y � ti Or j I� O) �° f « 6 m U O p'p O '`o D O O m m E m Z U w w F f € c a ¢ m m m O .p { { IIII N M a 10 tD O O O O N O M O a O 0 m. O O O O O W' O O O O m O O m O 0 W O C m m m m co k is n n n n co m 0 of 0 0 m 0 o 0 0 0 0 N o I� 0 0 0 0 w 0 ¢ m 0 O O O U) E m �.2. ix Q Q e D Z oaaa m M U O co O co 7 m rn m .. 7 a m 0 0 O~ O C W W W W O i _O M O O o o a m Q R `- NO N N o U O 4 I 00 I 'a d O m O> O ,yI to t N N o O o o o m °� L 0 O d' O U 2 C)N 0 m 0 m O a N ' °' M N a O (m U m U U U U M -a o o o m o E E rn rn O¢ U V (7 C7 a o N N N N ro U U v°i vi U U U a U¢ a N N o f Ci U U C7 ! W U i0 U n C9mdl� U m F p O C9 (7 I{jI{j N J i.i 3 \ C d o 0 0 0 0d O O O O o O O O O C O Cc O O C (! N N V C C U C U C U C U CC U C U C U C U C U C U C U C U U U U U 0 0 0 U U o U U U U COE i :r W U W U W U W U V F i= O O O O O (7 (7 g C7 4 Y Y (7 C7 0 0 (7 U' (7 m € ¢ ¢ W W W W W .:3_ � i. J J J ... o m n v � n � „ " a C a a a a a n v v v a a a s a d � i E2 E N.}t0 N} N+ LLW �� FwW Zw Zw + Zw Zw Z c c z z z Z Zz d00O O d d d d m dZd O W 2 2 o n nn W i o W i I m � m Em a U m JN m c� w t a' s d o �o �a a a Q O) > C E C j U Ui j O N N E a o 'L' aci c vi w: 2 m m N{ Ul a Z ( 0 m E c .� '� m d .� C7 m I c ¢ c 'm m W c j Y o o c c C 'y' c m r/� �' m g � � .:l d N n a a tO J � F g N = m ¢¢ m m W ' :. ¢ I aw L - N Q d C C N N N¢ E N O N N N N J y r d: m E E at N a cp U E o E Y m w -E E uZ o'omU>>mo o U = 'Z8O o -_E>U U < oL d1 a;y N� 'U `NEyw C m C c 0 a 1L _ - - N c E N N N U( N O U W E 1p _ o '0 1.. E E a a w p o v vi C c tL Z I c a c p ry¢ E C7 m 0 w m a' U m O m O a` C m O O U U Q U Q O m O V U p© n 0 N U O N U m -- U m n m m N a m m n m m o o i 1O p 0 i 0 0 0 0 0 0 O O 0 O O O O O O O 9 m m m rn m 3g o 0 0 0 0 0 0 0 0 0 0 �n ❑, N m N O (1)LL °C In in in In rn in In in in in In O 4 ` m = m LL Z.. j Oad Osd O d> Oa o " o o oOad a 0 a a mmmmm w omMOa 0 0 0 > o > mm pM o o 0 0 MdWWO NM mUa M o m m m OC OC D U U U U pOV p ¢ W m E 7 7 7 7 m m mC7 M U U "a o o € o o o N O N O N O N O ( O O O O O O O O i Vi { y N O N d N O N y N d N d O O O O O > > > > ___= c= C = T T T T T T T = c c c c �S U U U U U U U U V U V U U U U+ U U U U U U U U g p U U U U U U U U U V U U Cl)U f p $ "j O J J J J-: w J $J C o w J w �4 J w J w J w J C C w J w J w J Q w J U U U U .y .,, U� .N V U V U U u f . $ 6 6 d m m J! VI N N V /yN LL v v e�.2 A ti J z z z z z z z z z z ++ w + + w > w zW zW zw zw zw a zw z oc = 0 0 2 c T ZZ N N 6 n n 6 6 N Mufij w O W S °- E -0'0 -°'o 'o b a o o ° I a Z a m a a x m c c a a o o m 4 4 a d C O N w C m 0 I' ;i o U H_ d V m i.. 2 E g¢ m " E U o f N 6 0 O o c G1 0 l ` 5 c c E E V 'J O UO � E LL ap O, W ,...:: LL a = 9 m o m =Q m> c g m J'.. d m o m= Q o m ^L m m m m oy¢ in c m a Q i m o z i0 m = - a cm E E LM(U -_6 .6 Q c a n a >E cmo ` 9 2 m -0 5 o U m O m om o 'co w u j U ? c = o om O O j N N N0 0 N 'n d U J IL m OO>> i O O O O O O O O O ^O O O O O O 0 0 .- N N O a0 O tp N , M M M M M CJ M tp O i 0 n 0 0 0 0 0 0 0 0 0 0 0 y E o o 2 0 m 0 m 0 m 0 m 0 m 0 m 0 m O w = i:' n i n n n n n n n n n n n LL U U {{ � z I I M 0 W N 0) m a N N N t O W O h I� h tt Y O CN) p c e^ O rn P O [ O d d M M M r N U) �,. U m U n O O W O a a 0 0 d d d 0 O N a 0 N Om yGo k 4 O O o(j - 0(7 o m O UWU p N UaO U p U U .1� O (5c'ca) V y> y> o o o C7 (7 O ci U' '+' :¢ m o U M L L M M M ^ N w O n LL C) d t V O O p (� U' U' U' W W U y U U O co d W W w [7 w U U C ccco0 om>,m, } 0 00 O0 0 0 0 0 0O0 [tm C C , C C C c C C V V U U J U U U U U U € U U U U U U V U U U U U U U NL CmC V V U L) a U U U U v U a V U U U U U V U U U U U U U y i c � w w w w w w w w w w w w w w W w w W w w w w w W [ J J J J y J J J J J J J J J J J J J J J J J J J O U U U U U V V V U U U U U U U U U V U U U U U dU y y i i j j N y is > > d >' E2 m > N Z N N S N > N N r w H F H N H H H i N H Z \ w z+ z+ J Z w '� z w z w z w z+ w Z w Z w Z+ w w Z W + Z W w w C D C D Q Z Z z z z Z Z Z + + z + 2 c + 2 Z z o 0 H Z Q c o Q Q Q Q '0 Q Q Q o m Q 0 Q o Q Q a Q 0 o Q WN y C0 _m 00 'a mN m W o h m 0 h w m m m 0 U d C N O O t � � I '.E � O�y. k m "O d o � m « m w o 0 D E m o y y U U E E � p t V c m m E O 4Q o m > m iim a " m c Ij y t 4 o y t a o c E y U 4 tu m m y in y m.1 U'o U« m E ".Eo Vw�Cnry Ua>NyC wNUw Om CO mET EiE =wUO u o x = N O0 UO� N C Q YO lLC O N t c V O yO O 0ycmU a O NN o U N 'V O J mo Q 6 W m G c Y Q C ¢O Om NC o U > U o n lis 0 O c .a000C oo m d m^ U«O O NN _ N -ff!N N N N O O QNO 0 0 6 'N h n N N N N O n 0 0 0 0 0 0 0 o 0 0 p pQwOm OOO LL n 2 22 U Q � ZOn00y.00� 0)91 N 'o di N N O 0 m m aLos VJ 0 0 0 o 0 o 0 o o o o CJ o 0m o`M (0 NU mpC O o 0 0 0 0 0 0 0 0 0 0 o ' Oa vD N aM a w a o0 a a M m w Z M M M n N M 0 N N + U U U U U U M¢ U U U a U O 0 (9 0 0'qq (9 (9 (9 (9 (9 0 M m 0 (9 0 0 M (9 N 0 N U (7 O M U Y U ( m O y O O O O O O O O O N N O N m o o o ~ O O 0 0 t C �, C �, C c C 0 0 C C C C C C C ` V U Lj U U U T T Mn U U U U U U U J (� U U V V U 6 V U V U (m,) E .t U U U U U U ,; U U U U U U U a U U V U U U U U U U U y 4(i4 y a n d¢ 'O d 9 w d 9 m Y Y Y Y Y Y Y Y pE " p m c O Y Y Y Y Y Q Y 9 Y Y Y o O N ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ p '! m 3 ¢ ¢ o' ¢ ¢ ¢ (n ¢ m m ¢ ¢ ¢ w wwJ wJ wJ wJ 'ej wJU wUJ « N 'y U U V U OOU U U U U pO UwJ a N UQI U O c U U O liN CC + Z T p N O N N p N N T N Q > > F- r J O + N W N N N N N N Z Z Z Z + Z Z ++ N W w` m + m O + + 'f ++ w w w w w w + w y m + m Q + ;. Z Z Z Z a Z Z o II o 0 0 m Z E+ m 9 3 :' c a a Q Q Q « Q Q m II E 6 m a n O W N O U N y N N N E 1 d CQ' G mN vi 0, E m m M m H y ~ Y m (~y E E c m m c c ." m w a a a a m a a w k a N N c J J J a N to to U N w m x m c _ j `V m .1O• n Q a a Q w ti y w c a n p, w m O¢ O J 1O x .� p o o O Z E j o U c E x o = `' m Q. •L { M U \O p U d - n y N C O ¢ U C >O 3 Mw On O U y (D r N m J w d O U N a N o N N c> w ? C¢ °' « c U c O g m . ? m 'D C .. Z O ¢ O w m _. N o. S- «". C O 41 C C -« d p- d O p t M m U m m m m o Z m a y u U Q i7 U o m m p a m Un o o o d .N E o w o 41 m o €'��� o .. m o> c m m m a c ._ m .o a p y 0 C7 c o c p a E c .� m JJmm aci m o 0a U Um a Q nNN"O m O o O mO U mmi0 OU No % y > h> m O O c n`mU C m m U -avomg O E Z wo a `0na m a m o=0 > 0 E oO Z VZ LL Z V n d fn Z Z V U MI o m O W N M a l0 (D n ro L { 0 0 0 O O O _ O O O O O O 0 O •- N O C O O 0 0 0 j o Co 0 o n n o 0 0 o a a 0 0 0 0 0 0 0 0 0 0 0 0 0 O o n n n n n n n n n n n n n n n n LL LL D Z Cl) O O N N O) (m a 0,19? O w O N C m O N O C O m �; O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `m 0 0 !' m m p N U m m m 'E u :m m m rn m m m m m m m m m m 0 m O m O m O!O M a~ O' O O O +O�O O O O O O O O O O O o O m m o 0 a M m M o 7 aom MUa Ma Y OU OV U O U U U V U U U U U U U U U U U U U C.) U V V V M � a O s ti C7 (7 V U' [7 C7 C7 C7 C7 C7 C7 U' f7 U' [7 C7 C7 3 I C7 C7 � 9 U U' t7 O V i a o f I j V O O O O O O I, I Y N N N N N N N N N N N N N N N O O It O O O O O C C C C C C C T T T T T T T T T T T T T T T C y� u uuuuu 33333�3333�333�aa u uu 3 iuu { — w — I Y Y Y 1 I , Y Y Y T m ¢¢ ; ISO O Y Y Y Y Y Y Y Z¢ Z O i I Q¢ U ¢¢ O> �.S y¢y¢ i ! '� 3 3 y ¢ Y ¢ Y ¢ Y ¢ Y ¢ Y ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Z > > m i >O > Z >O > > E C w J z c 'j w J w J w J j U U w J w J w J w J w J w J w J w J w J w J w J w J w J Z U U Z U U •L O U a 'U U U U U U U V V V U U U U U U U a J 1 J J J J J J N N I N 1 N T T N T m> N N N J QL N N+ N+ b' z Z Z Z z z Z z Z Z z Z z Z z z Z Z z z Z z Z Z z Z Z z z Z 'i + z Z z Z z Z z Z Q + + 9+ -p } i} w w w w w w Z w Z w Z w Z w Z w Z w Z w Z w Z w Z w Z I� ( w Z w Z w Z w Z H r Z a a a i i� Z a Z a Z a Z a Z a a a a a a a a a a a a a s a a s O W N y N y �y�//� cc _ ''nn N 7 U C U C J 1L 3 E9 3 C i W i Z i NI y m O. o E E - a a an d U O o o o o o o 0 0 0 0 0 0 o O U a m m Q >> i d w C W M M m M o N M t(1 I� O O �, �, d a ... ¢ 1 E C N rn w o o p � �N o U J E C V U r' �4 ,y ? o O E C V ;,i U U U_ V U_ U U U U U_ V O �/ I a N N a_ O O N d y d 1 N N E a > a 0 d C N� T C_ N V m ] m O O i E E E E E E E E E E E E E E E E, E N E E E E E E E E E„ d N dim E o U 2 U U I N y N N N. N N N. N N NUI NH ,n IL 5 C � > 1p >N N L E 7 OO U m U V a s a V a U U a;a a a a a a a a a a a a a a= o O N M a m N M a mm mQI O N M a rui OO OO OO OO N0a N0a Nc0 Na0 Na0 Na0 j 0mO 0 0 0 0 00 um um umi mO mmmui o 0 0 0 mr 0 0 0 0 0 0 000 £a LL LL co O N m m a 0 - 9 3 t I C kN a N a N a o o z — 0 0 0 0 0 0 0 0 0 0 0 } M o a o 0 o a o G otl o o on O el o m o o i m o m 0 m 0 m 0 m 0 m 0 m 0 rn 0 m m m ; dy 0 a o m m 0 m 0 m o o m rn o •. x a x a x a x a o 0 0 M M M 0 0 0 x (O N M'• 1p (7 N M M M O a M vOi m vOi N M V U t` U U U M M M ? O M !' (� O O O 3 O 0 (9 (7 C 7 UU (7 0 O 0 1momomomo0 E 0 ((D Q E O O 0 O U U jp w m U U U U ---- w 0 O C ? T > > T T T T T T T T T T T T T T T ?? C C 3 3 3° 3 3 3 3 33333�33 3 3�3��� J a • O N fn m ¢ (n a F' W F W (- W H W F W w ul lV ¢ 0w a Vr Fy ZO y U' Z ¢ O ¢ O> ¢ O>? ¢ O ¢ O ¢ O>j m O? O¢m Y ( LL LL LL LL QO LL LL ll .� O> >❑ - O z o o 6U �a11 rn�(JJ' N(a•J v(0 m0 U V (7 23:z V u0u�0o i •L Z UJV V ZJ p 0 0Qt(ao'J a N' O n. C :.t m¢m ;� ism p LL a a 0� LL��- �:,€O O aaaaaaaaOj mmmmm¢i cc i i 7 Z N N m T r m T F- H F- N H H V- H F F- H `. F F- +T J �_ H Z H Z F Z F- Z m w B :y Z Z Z z Z Z Z Z Z Z Z .+ Z Z O N N Z Z N Q w w w w + + + '.} J'= Z Z z Z Z Z Z Z Z Z + Z z m++ w Z+ H z Z a z a Z a Z a c o z a a a a a a a a a a a a a a a 0 w w 9) I I i �Z i N N J C i { ! 1 a ry O O E E 2 Q �S W N ml o -oo a � 0-.. ! ' c a O O c j i m .E rn w _ E N N # �' n E o aEi E E QJoza Em N J�o o - o o a c2 ^' a = .N. E ca EEEoz E a a o 0 N a c c c °' .^'.to c x z c N t0! w 0 Ul m U t%) N M a i0 f0 I� N M a l0 (O r m rn 0L 0 0 0i O N O N O N O N O W3 M O M 0 M 0 M 0 M 0 M 0 M 0 M 00 M M Ma OJ a a a W o 0 N 0 0 0 0 0 ;�0 0 0 0 0 00 0 0 00 0 00 Em m m m m m m F, m m mmmmrnmmrn mm=oLL LL M O N N N Ol m a v94 a . m a m N N N W m o 0 0 CO 0 m `b o o o m m o m °� m m m coi m m m m m m m m m m m m m rn a+ o= o o o o= 0 0 0 `: is c o 0 0 0 0 0 0 .0 0 0 0 0 0 0 a a m m m a s m v ` {p mm ryryMM �MD �.000M MM f"'UUU U UUU VU V UV UU f U U (7 U U U U ¢ C9 C7 (7 (7 C9 C9 c9 C9 (9 0 C9 (9 (9 0 o E E E U It .y = m m m U 4€ C9 U C9 \ N N N N O O O d a T? T T T T T T T T?? T 3+ 3 3 3 C)+++ N u u u a LL a l_a a a a W a a a LL LL a a a a m m m m i j 0 0 m y s a a a a < ,o O¢ O¢ O¢ O¢ O¢ O¢ Om Om Om O¢ O¢ O¢ 0 O¢ 0 0 Om O l0 Z Z< u 3 3 3 uJm UJ1U U U u u 0 u u u u u U U U U U U 0 U 0 U O U O U U O JmO Jm Jm Jm Jm Jm Jm Jm Jm DO 0 ( ~ ma 7>>m OJm OJm OJm UW UV a a a a a a a a a LL a a a a a —.---- T ` ` L i i b N N i i i i Z { m an d m > > y nth N m N d> N N m N m N m N m N m N T N d T 0 N 0 O HZ ? T N N ? ?m� Tm Tmm T`mo zwa N+Tmm N+?md N+? Z Z Z Z Z + + + Z Wa Z Z aa Z v 0 o Z G Z a Z O W mdT o mmT mTm mm pX{ c c c W � r i� F li E s 0 o _ N O. } LL O C O N Q C O O O h m O m O m ab O 6 j E C J C L { a E C Z V C Q y i 33 C .0O V O 4 C N 's. 1 o E u. w d Z E m i �! m m U)'.� o o m - J J d a U C Z Z A Z N C LLC T E N LL O y U k" W' 071 o 9 LL LL y :o y o m rn i k 2 o 0 w d .T. E m c7 D u Y m in m c aci E u E T> E m ,y U c c m° V o m °i m U E m 3 of m y A o m 0 0. Z m m j c o f E O" N C C N C N d 3 O) N t c N N a ¢ a N c d3 t N i n, N LL o y 'o .c °' o c m E Y a> N 3>> d a >, 'a c o 4 m m c a m c `° c c E E _ a d 0 '� r 0 d m m 'E 4 a U m m m ¢ _ U a n E m m U C7 T 3 S m o a m Z p 9 y E m o I m m m =o w a y E E v d c_ W- N m W- W- O rn U O in a s in m in Mm am 1m mn O an mn 0 0 0 0 0 o 0 0 0 00 O O 0 0 00 •w- L6 i m m o nnnnmn r n n n o CO 0 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m 0 m m 0N m mm= m m im m m m m m m m m LL u 1rm Z CO 0 m N N m m a V95 NVA i 3 1 2 � C O p O O O O m m fi d O m 0 m ,i o 0 0 m .' m o m o m o m o o o c :: o m m 0 m m 0 0 0 *' a c c a a °cam' a s e �.n M U U U U N U M U M . M M M U U' U' U' U' U' N d C7 U' U' i21 U 1 3 \ Q% N t N N N N : N N N N N 5 N N N N T T T v 3�33C)u .0 3 3333 3 i ( s _ _ j {{ im m m m m m ¢ m m m m CC m O •y 0 33333� O O O O O O 33 O 3 "0 33�3 O O O y O Y � � W 3 � w 3w O J U U U U U U U U U U U U U J U d J m J m J m J m J m J m u J ':' m J m J m J m J m J m J m (U m W N a a a a a a { a a a a a a (d , O T __ T J W W W W w 3 3 i 3 N N 3 N+ 4 l + Q '.. m m m + + m+ i "° W W W HZ Z a z ;aaaa z z z 1112 : z a z as z TT T T ~ T° m m m W > > > � c { i c E {! i N m N CL 00 0 U Q 0 m 3iii a ' N i m a E E 0 0 c m d N ; (Ym O �y w N o U m$ d m E W I. c g m o Zi c o° a o I. P'LW "m c ° = o T m N 10 m df .. ° U rn w = w o= U 0 Q j a d N 3 E U W z E f m ( m i. •- w y E z z z 0 7 W o 0 0 0a 0 3 s w a w m m -a } w w a w aa w w aW m N oLLw°�� �0�0���� E�'00000� n _� w°ww a Io z o O 0 0 0 0 0 0 4 O O O O O O O O = 5 O O O O O O j O L n m m m m m m £ m ! m m m m m m m g0 O O o 0 0 0 Q .O 0 0 (n LL o m ( 0 �m 0 m 0 m 0 m 0 m 0 m 0 0 m 0 m 010 mm 0 m 0 m 0 m iFymm � � 6 m 6 mm � c m O OLL r. O O Z sNm o U { Cl) O N N 01 N IL .a 0'-)96 ij 3 m m a m m# i N U 0 O m M O m O N O O O t 3 w m C7 O d 0 m 0 m 0 m 0 m 0 m 0 m 0 m :.' O O m :+ 0 m 0 co m 0 m o m o j m o a a s ao' e a {p a M a M o m a M s '. M a M O s M o I M M M M M M M M M a a }. U U O U g V U o m 0 6 O D U U V U U U � U U M M O= 0 CD °c oa 0 o a o 0 0 0 ;;qi 0 0 C C C C c c C C C C ��U U U U U U U U mC U U VVUV UV U i f ; '8 j T L m W J I O m W J z z w W : LL w W LL w W LL w W LL w W IL w W LL w W LL W LL i m �.) Y m Y m y Y m m Y y m U Y Y Y _ Q Q Q Q Q Q a Q € f_ r r W r U J� w J w J } Z SI Z z Z w J t m m m m m m m m I'?z `I Z Z J U Z 3 U •L O N Z U U. V U {3 a a U , 4i t� U d Q z Z I ;! d R I7 O L� O U• O U• O C7 O C7 O V• O U O} iC 1O J m V) m Q m Q m m m m m m m m 1 0 I O O O a [ a E I E N i i y T>>>> y ET y > J : Z z + z Z Z Z z Z Z N F Z QH z z 7j 3 z z 4�'+z j=++++++�+ zz z+ z H Z :z a a c a a s o o a a sa a a a O W 12 2 .y E *' y o m d m m m o m m O m [[ [[ 0 m ( " T>>>>>> W I � f i O L C ( ( # �! w O a W Y E WI o E N ,N�. w N C O N 3[ r 3 C C d •Q• a o' i i I ao r 3_ a Y E aWQD t m U ocm m Q :t c U d i LL: r d c m y m I. ~c'o R o W d 0 lk;i o iZc7 io U k "} d Y w i0 o u Q m m m m -yo >'i 9 5 c c c tf > = c '.im '" c' 2 tQ �' m 3 c 'o 0 0 U O m o f''a n E m c 1 E .. m x m x m x 99 m Yc m U LL m E E 0 m _ o jin m - m z a O o U 4 y m 3{{ 1 t ! m �' E = o V 0 O O 0. a O > 3 3 n C a c C c C c I d a C m N U i a a a v) Q (7 U m. ; M E =Q a Q Q U m J a iL is a a -- a j O M O O W O n O ! O N O z ' 0 N O M O d O O N O M O a O IO O t0 O h O m O t O N O M O a O t[) O L y O O O 0 I O O O O O O O O O O' F O 0 0 0 0 0 0 0 LL CO C o d o d o d o j 0 0 o 0 o r•• ; f LL Cl) O 11) N N W m a .." O 1 n 1 i H i 0 0 o O o " o3o O O m O000 rno O m-O O O om m a a a a a a a a a a a >:'a a a a a !_' ', t. M M M a; M M r{ M M M 5 M i i I U M p 0 E m 0 C7 U (7 U C7 U C7 U U 0 U U U 0 U U 0 O tea U C7 U = U O U O U U i' O 0 i0 C7 (� O (7 O t' O 0 C7 C7 .. m k c \ O O O f 0 0 0: O O O O O M. 0 0 0 0 0 0 ZF 3 0 0 0 0 0 0 C C C C C C C r C C C C U U U U U! V V V V V U U U V [ U U U U U U U U U U U U i{i{ U ,: U U V U U V V d y S 4 4 > > > ¢ d d 6 6 6 € S W w 0. Y Y 13 N N m m m o a C7 (7 ]2�1 N d' tL w C F- « 3 « « « « Z Z ° a Z G C z z z i3 V w J I : N N N N N N N N N N N F N U U Z • O z z. z d y 000 r ca�cccc tcc ''c��c ,}UU ;i�aa U U U— — I ay N NE t N N N N N N N N 1110.11 z Z z Z ( o a 'o + a Q r i Q i w z w z N d d d o m d y t o m N N N d m I y d o W J J J Li J{ J J J N J J ry 1 J J N N J N J J ip N N N i N N N N N N N N W c c E c c c �- i s m e cc J J J J J J J y J J y J J y y f J= { J= J« !!f i i k ij Mvw ., Nm UI N N Z 0 j uy o O Q a c ° U O U C 'E rn 0( ¢ 3 o a m O 4 o N c N ° O E ( m m m d N E m o m O m J E N 0 Q m=° Q I- m- m F iD '$3 JO NwU UiO m C N .' _ J 76 oo m 2 0 (n r i fj N' O O O O O O N N �: '.N N N N N F e M M0 dmE 0 0 O 0 0 0 i o O O o O 0 0 LLLL OR d d o € O a y � U IL L �° M O M L a C N C o y f� u J C J O E~ « «` C C C _ � E L L W N Fo C¢ 2,I L N O m E m W o m of ` '� w 'u ro m o m Q' ao m �¢j o J N H H U fL f r O O O ON (i*i0 0 0 0 0 N N N .0 -,U. 044,08 O 7( 1 o o {@@ 0 0 a U 1b o 0 0 0 0 0 0 o s o O o 0 0 0 0 o f O o 0 0 O } 0 I. m rn U N a m m m m m a a 'O a m a m 0 W 0 W 0 0 0 0 0 0 0 0 0 (': 0 j o �'. 0 i i o 0 0 W o 0 O 0 o 0 o aa0oaaaaaaaooao O O o o o 0 0 0 0 o o aaaaaaa r;{a I aaaa j M M M M ry r W M M M M M M M N M N M M N M M U U #, v U U U U U U U U U U UM U U U U U U } .Et U U U V (7 U 0 3!(j oO o O O a ma co i 14 U Vu UU 3 I \ d o 0 ( 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o '.q i c c O C c c ( c c c c c c c c c c U c U c U c U c U A c V C V c U c U c U c U c V c U N ii N V C U U U: U U U U U U_ U U U U U V U U U U U U U U U U U .. (. j U U U U U U U .? U ++ LL + G (U m m m w w w w w w w w w w w w w .O •y w LL w LL W {{ LL w LL w LL w LL w LL a w LL a w LL w LL a LL a LL a LL a LL LL a LL N i H N 2 N 2 N 2 LL a LL LL a LL a [[ LL LL Q W O ty, Q a s E 7 a a a 1 0 Q� N w N N N (Q N N Z N N N jt N N N w N N N N w N N N N 0 N N N w - ': Z � _ 0 0b 06 dS 0 0 0 0 0 06 d3 dl of { s 0 NOLL0 0 d W IrqL9 O ❑ ! NNNN����N�NN�� ❑ ❑ ❑ O O ❑ ❑ O ❑ 0 0 O ❑ NON O ❑ ❑ ❑ ❑ ❑ ❑ (❑ N 0] Ql Q] > > > N T N > N > N > N > N > N >t > m m m > dI m m > m (NN �� N�NNN�NNNNNNN 3N TTr ai0i TO> a Y r.N >>NT J 0 (+ + I Z + + + + Z + + + + + + + ( + N N Z N O} N } + N N + N IZ a + a a a z++ Z+++ �;�c ++ c c r o .. m m m ag I K o m m m g 2 y m `v m m m m m 0 0 d> T> W>>> > I';Yy i T> > ~ W N N W N N N N W N N N N N N N t N ( W an d ! c c a c j a a �: j a a xa a a a a a a a a a a a :1 a c c a c c c MM a { x c c 4 i y i t i U O a N m OU O. c m L { .O w c m V U O 01 O = r 0 1 f c T { i 0 06 N y¢ m a w 10 A> m{ m n m N_ m e [. j o d o E m 1 U i N c 5 C9 �y Rl g O' m 3 w CD c c (7 O 1 W E Uo ❑f° �``° w0c yr EO w_ .S'° o0 cdd m0 Si a` o Em w tmc Sb m❑OO 0ay U>U O U N . ` m w 0 x 0 k1j V d 0 O { a °mE U jm> =0O t. c o ok m E m E c N E E E E u rn m rn E iiu ') i E E E E m o E 0 m w E w w h °Jo m c0i c0i m m { o Q a c w w w w w 2 U w LL w❑ 0 O �a=J U Q a Q> a LL a a a a 0 0 0 0 0 0 0 0 0 ;';- O s-p0 � 0 N O M O a O k f 0 0 0 N N N N N ('l M 0 0 M M M a '� a N �1 N Itl O 0 o + N z10 N O N o N 0 N 0 N 0 N 0 N 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 M M M M M M M M M M m M M M M M M M M M M M LL 7 M �Q, Q^ LL Iw7 M 0 r- N N Ol m a "11• 0199 w c j} 0 0 0 0 0 0 0 0 4 o a o o o y o o o o 0 o w w o O O U l o o o O Oa o 0 0 ma ma 0 m 0 O ma O 0 ma ma O ma 0 ms 0 d d mOa mO mO dJ m0a 0m m 0O s a m a a O O a O a O"ma a a a @ M M M M M M M M M N M M M M M M 0 0 M M M O !3 M M M U U U V U U U U U p U U V U U V U U U o V V U 1 V V cD 0 cD o 0 cD (D M V o ( p c c U C 0 O O O O O C O C O C O C C O!}f y? O O O O O O O O O (�OC OC O C C U C m C m C m m m m m m C C C N C C C C C C c C C ' m m m 3 J J J U U V U U U U J J J J y£ m m m m m,m m m m 4 m (±m m m } Y Y Y}}}}} ( a w w F w Y Y �- �, = w w w w w w w w w W (7 V m< m p w LL y< m¢ m m C7 (w '+LL w LL w LL L •y LL a LL a LL a LL a LL a LL Q LL a LL a LL a �€ Z Z z z Z z Z Z V. Z z 2 C7 Z a V. Z O O r Z Z Z Z Z Z z Z V Z; a a a m m m m m m m m m Q y E :!z z z z z z a z z a m z a 3 3� z z z z z a ;jm m m C �a as �a v f '{ z z z z z z g z Q z g z g U 0 0 z a¢ z z z a z� ' I.6 0.6 •y O C7 C7 U' V L7 C7 C7 C7 C7 CD {} a a a a a¢ a a Z a} a Z a> p z a} 7 7 J Z d y O Q O O O O O p O O i J� J� O J���� k LL U LL U m a E 1 i N y �� i l0 �2 N i N N T {j{i{ � ,l y T N N N N y ( T N Z? f- N �' H T T> N ~ N T? T o H C O ~ a O T T —_ —_ — ♦- N J O N Z+ Z N N N+ 3..i Z+ N N N �i Z O Z m N N 3 3 z W z w z w W _.' + N Z w Q+ Z+++ :I Z++ + Z Z �' + m m Z Z Z z m+ Z Z `m Z+ ¢ m a `m `m `m c o a a a c c c T a a a ¢ c `m T T a a a a s a s O W N N N T N N N N O F i) y d N N O 2 y y d N o o 2i 2 2 2 N N 20 L rW T w p. W T T T Q y :} W p`� J O O N W = W = J ? O1 y m W m W m W m W y O m W r a E c a c c x °1 :"iii a o. U U o �' LL � a � o c a a a a a a a m N V j c i E N COI N N •V O E m E 'm E N C 'o E O O O y U Ol y I y y O C O N y _ — GI 'D C y OI F N "O c y "c+ �° 1O a`� o 7 a w I y d o i Q m c m F m E> o^� > E I Cc7 mU O Ty 0c �c 0 0 o a e> > m m O N Q~~ N W O U o? N Q (7 > N q (O N O d 1p =m d V :. y E y E p n Y E d - J m C r- o d c o 'o d y m U c o c m o m .o m ¢ (.. m« o ,y, m o m Q 3 a m r `Z j. m c U y o E o p o V' d m i,u, m o c _ O V o G E a o 0 a o m o o o U m 'o E V - m a m ... I2�n W i a a, Q m C m~ 0 G o c y m O U U o "O m T > 1- N- m c o I w Y E E E m E> vUi O `m y m > m Vw m m n N > �` c o m w m c m c o O¢ Q a¢ Q Q p Q to w Q Z ¢ 2 7 w U F- 3 a �O cD n W m 0 •- N M N M a m m n m m O O o-, 0 �. N 0 0 0 0 0 o 0 5 0 0 0 o co O co O co O ro O co co '- co co co co co co co n n n d in 0000000002,00000 cn vi iri m ui ui ici co co m co 0 0 0 0 0 0000000 0"000 ,.�' M M M [n M ',2M M M M �,6 LL E LL 7 Cl) 0 mf N N O) lV a �„ 01�0 rN. N N O Y U h � U+ I O C {kr t� :0000000o 2 000000000��c m m m a m m m m a m m m m m y E; .r h d v o m o m o m o m o m m m m m rn m m m c N o •a+ O o 0 0 0 0 0 0 0 v 0. O Ili `y y '^ O O o O o O o O 0 0 0 0 0 0 0 0 �= U U U v v a r o a Q V U U V U =. U U U U U U U U o E i i U U U U U U C) 0 7� N O m �� � m C7 C7 C7 C7 C7 i U 7 7 7 7 v � E G7 0 0 0 0 0 0 0 0 0 0 /p 1p m m m m m m m m m m 'c c C C C C C C C U+++++++++ + U U U U U U U U U y_ mmmmmmmmm m � E'^1I U U UUUUU , U U U U U U U pEU ig U U U U U U U U )• w w w w w w w w w w W ;>/� ( U>J f>n f>n (>/) t>n > m i N ,� N N (>/J V>J (>n (>/J V>l t>n L LL aaaaaaaaa LL LL LL LL LL LL LL LL LL a W Q } ( } } } > tz���������� > } } } } Y } } } > E y C m m m m m m m m m m vs ( . Z Z Z Z Z Z O s- € z z z z z Z Z Z Z O N' oL Nf ob oL op 43 ' > > > > > 7 > > > > > > > > > CL IL y o 0 o 0 0 0 0 0 o O O 0 0 0 0 0 0 g 4% J m J m J m J m J m J m J m J m J m m fp O O O O O O U 7 i� O O O O O O O O O U U U U U z>>>>>>N>N O_ N ~ h h N >>> N N N .`N>>>>dd ( > tI N N N N N >> n N >N N N J + + + + + + W 3 2 2 W + + + + + > ( +mv +`mv +m o 0 0 0 0 p H W F' S 'S 'n 'n n o. E W N ZWr[ € .` W W v > > >`v > {{ j E E E E J LIJc o N 4 v d y a c c c o 0 0 o N N N N N N !`11 t w� o N i I a m z C6 o o ILL N ❑ — « Q N N L U i-i2 •i c S, i n A c« a I N m c m c 5 v v n v s w « , m t ; m m E m a l a E U 1 m W U C_ 0 0 c W in _ n = 'a o 0 m> c m N E > v o U;- jam` W a `m c E N `� p a '� m c «E c -Jo a N c a Q U> m E E a V .'.? o a c ,� c c i F' o y 9 m y a¢ y O c c ««««« a m a v Y+ i a' °' m E m E E ; .c J U a= m E m m E E E E E E w a `-' c LL r EJ. E ° t° w N QCi d N N O 6 .>. N H N L m J ram. [ C > J N �. J J O [ U IL y N O N Y tp m J Q U m m N m N d R. W d d d LL J> $ {i �i f a E ' U U¢ a t0 (O n m m O N 4 O M a t0 t0 n N M a t0 n m m r 0 0 0 0 0 0 •- n n ❑ 0 0 0 0 0 .. 0 0 0 0 0 0 0 0 0 O m o 0 0 0 0 0 0 0 0 0 ❑ o 0 0 0 0 z.s � '� o 0 0 0 0 0 0 0 0 LL C M M M M M M M M M (D O a a a a a a a a a a a LL •111. 0101 F O 0 0 0 0 0 0 0 0 0 0 3 0 m i O m E 3 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 01 0 0) 0 0 0 0 I IA. a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 sW 000000 m m M aY l a a U U U U U U V U v U V V V U U U U U U U U U 0U c NO r C7 C7 (9 (7 (7 (7 C7 (A 0 0 0 (7 O C9 (7 O 0 C9 Z ,. C,: 0 0 0 0 0 i' o o o O O o o O O O O o 0 0 0 0 0 0 0 0 0 0 C C C C Q ] 00 0 U U UC UC U UC UU UC UUUU UC UC UC UC UC UUUUU UC UC UC UC UC UC UC UC Uj U U UC V UC .. W i S i E W W W W W W W W W W W W W W w W W W f n n U' U' C7 U U (9 C7 U' V' C7 C7 V' O U' °6 1-_ Z a '0 Z Z Z Z Z Z < Z < Z Z Z Z Z Z Z < Z Z Z < Z ti ti y a 'Q Q Q Q Q Q Q¢ Q Q Q¢ Q¢ Q Q Q Q 2 2 O >>>> d } m I 0 } Y } Y } } > Y } } - } } F } - } °- } - } I- } I Y F- y rV U U U N W E 6 N y N LL L D 11 + YiA + + + + + + + + + + + + + + + + + + + r 0` W m N m N n N m N m m N N , m m j -------------- , N N N N N N m N m N m N N N N N N N N N r T T T T T�y T T T T? T T T T T T T T T T T T T> W NI Qsi N LLI IW3 � ZW i2. > U � 0 { i,�t ¢ LL' U C7 C7 0 < j a ���11 Q U t~t {L Zj L O> E a Y f. O IQe °Al_ O J L> V Y O 0' 0 c Q y M Q i VON> y OC N E U> C) (Q Z Q( m O E C E N o c o `U m aOC> •UNTL mL0 o¢Lo s aUWO� oW °cN o° Qo gCyoy0> a0 c O co U wmT O mO C >yOU o vCxO O! uY0c3 U iUZfE U Q E0Cc�UEi d¢ iyH 0 >Z 0 75 N JT U (O'c�'O> 1O 0 m W m a V W' l a #.J', w 0 3 y m L' m L c m 01 `o 'pE Q , I.LFI' I 3 Q F ¢ E Qt m ry m m L E N m� L m L C m L d L m L m t m J E E a > a O O 0 '0 w 0 O O O O 16 0 0 0 0 ry L L O 0 0 D UU L71 UVU U U U U M; 10 co o N N L f O N o M 0 a 0 10 0 1 O E. y S< O E(( 0 N 0 M 0 a 0 w 0 0 0 0 0 y 0 O. 0 O � N M a •- 10 f (p ^ m 0 4° M M M M M 30 O,C FOSS: N F i M M M M M M M M M CM M M M <M M M M^ 0 M 00 V.O W3 O O O O O �f0 'n {=�O O In O in O in O I0 O 0 O i0 O i0 O in O F0 O w O in O in O i0 O in O w O O 10 LL a a a a a N p Fn : ^ i ^ f C� O O LL 7 I > �# I U Q Q z . :', I I. Cl) O Co Cl) N m co a •° 0102 0000000000000000000000000 O ;m m m rn m m m m m m m m m m m m m m m m m m w m 0 0 0 0 0 0 0m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M U U V V U U U U U U U U U V V V U U U U U U U U U ' tti{iii ., O O O O O O 0 C C C CC C CCCC u0C)u 0 uUC)uuuC) U U U U U U UU V V U U U V U U U U U U V U U >j w Wo w w w w 0 c7 c7 c7 CD c7 c7 cCL7 a� 0 U a a a zZ0 a a a Z Z Z Z 2 Z Z< Z Z Z Z Z Zm a a a a Z z z a a a aaaJ F F- O Oi cc C m 0 > T T > > > > T > T T I. NYFVm«`mmiNNO Ny«`mdiNN NFVmY«`mdiNN- NOwmym«`mmitN0 N„ZLLmmiNO NU¢W>HmdNO NFVYmdNN`mO NOOm}FmdiNNO NUYFmcr�O NdiNNmO NLL„NNmiO� NYHUmWmiNO N0m•mNO. Nmm>NOC NYFDmmTiNO NUYma�T0N0 NUY¢mNNTOC NUYH[NNTm>Oc NUa'}UNNmTpiTmpm-OC a I + + + + + + + + + + + + + + . + + + + + + + + + WOT T T > > > > > > > > > VJ cc j p p p U O p p p p p p p p U p 3 p p p U O p p p p Ej p p ;i U 7 !Z1 I o I° O '. y m 0 m IN Q. c c E w E ! a C1 o d c oCD N k m d U C N Q C OI J U j, E co T a C> w O C E V .� a`o J m U V C O O N` U rn m U m ( V. C O > E E J J N U N V C r C E t U U m C a ° > d { (O Q- {waa w U N° °d° O> t s 0U 00> UW um U m 'a: . ° y 'o >oo `d p U m m p 2= o E 'E E m E a E> E w C "pO 'asV N :r p N U N N C N N N N N C N O O a O O O OJ LJ O) W 0 1) d 6 d m d O d J 6 d> 1 mJ F. �r mJ iij{m UJ am0 LL m I- o w o a V mmN _ It I O N M am h« Ma Om j+ ^NMat0tphmm O O O O O O O O - •- •. •. 1 �a N. r (7 v v v a c a a v a a a a a a a a a did := 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' E D m m m m m w w to to to to in to to An to w w w w m �n to to (} LL �',2 «« DZ y 9 CO 0 M m a 0103 � T-Q �a Qum& yOF TNF MEMORANDUM DATE: MARCH 30, 2011 TO: MAYOR AND COUNCIL MEMBERS FROM: VERONICA J. MONTECINO, CITY CLERK VIA: THOMAS P. GENOVESE, CITY MANAGER RE: REPORT REGARDING RECORDS RETENTION SCHEDULE At the March 15, 2011 City Council meeting, the Council requested a report clarifying the retention schedule applicable to the City Council minutes and audio tapes. City Council Minutes The minutes for the City Council, Redevelopment Agency, Financing and Housing Authorities are kept permanently in hard copy in the City Clerk vault, and scanned into the LaserFiche imaging system, which is a permanent digital system with two offsite back-ups. The retention is listed under Section 700 Legal & Legislative, Number 701.01 (Attachment 1). Audio Tapes The audio tapes for all public meetings, except the Planning Commission, are kept in the City Clerk vault for a period of five years. Audio tapes are considered a duplicate record once the minutes have been written and approved by the City Council. Staff increased the State's minimum retention of current year + three months after determining five years was the appropriate amount of time to retain the audio tapes for reference purposes. The Planning Commission audio tapes are kept in the Planning Department permanently. Although the audio tapes are considered a duplicate records once the minutes are written and approved by the Planning Commission, staff requested the audio tapes be retained permanently due to the frequent reference of very detailed discussions at past meetings. The retention is listed under Section 700 Legal Operations, Number 704.13 (Attachment 2). Please do not hesitate to contact me at (760) quinta.org if you should have any questions. 777-7002 or vmontecino@la- C[(sM10-0 fD COUfVI f a m O O f o ai.a G a O m 0 0 00 N N O f 4 O o m m m m m EO m o a 0 C,ry > N > d N cp d d a a a a a M m o 0 N p> 7> N m �g c C M U M U M U M U M U O I a p J> W o O) 0 px c U0 a ar vo d 01 7: c 0 c o p f o c m a s m E i m m M M NW, M d gP N y N p N N N y N y N y 0 0 0 0 0 0 O O # U U U U U U U ;UUUUUU U U U U U O U U U U U U U N£ _a i U U U U U U S U U UU 1k 4 3 N � ¢ ¢ ¢ ¢ ¢ ¢ o v ¢ cn a rn ¢ ¢ ¢ wJ ¢ wJ ¢ wJ 'yO U U U Jw U U U U iZ 0U) N 10 0 rp O T T T T T o y F pz 0 z z Z a Z i m ZaQ ZZ ` L x xxQ W d p N O O b NO Z W ZZ N N J W WW W w 9 o w o N aQ z < z < z a a a W{ s N m Q p d f °' ¢ a Z{ LL Q E a .. .m d u y m y d p E E p J ¢ y { w y N Q N E} o N' d p t j O N V U¢ N w i E oi Q [ c a C N c c d Ol p> o M J d _„ Q Q m a c m m E o 5 °3 ycm, m m m o ca F ? a 'lc �- j N C Q( N c on _ p Ol • go Ctm J W { LrZ • 2yoII� frE R' N m p Z W O m U Q N t N >! VOF.A wQm m wQa v Oo Y E ' I!—j wa0 c a p E !w w7 r t ,j! 'U 7J Q o U 0 u 0 a U >> i ¢ I £7{ O 1] N M a I[l fp yM1 N M a Ip fp n W •.1 N M a w ` N N N M M M M M M M M 0000 LL 2m mm m m mmmmmmmcoomm Q�'u. LL7�d1 '/^� .�o M co a O 3 4 it H 0> m U C 2 ° O N N aM 0 c o W a m o 0 0 0 0 0 0 0 o m m O dj O O 0 c 0 O) W PPP 0 m 0 0) 0 0 m 0 01 0 0 O O D 0O a 0 Q a It ry 0 a a 0M O M O O M W Z M M M M M M M mp�0O O M U ro U U U m O t7 (7 f9 U a U C7 t7 M (7 m¢ V O O I (7 O C7 (7 (7 { U' O /:J Oa L o o U 4I d U U is U U O M ¢ 0 0 0 0 o -- O 0 0 o 0 0 0 0 o 00 o w C c c C »� c C C> J U U U U U U 7 U U U V>> '. 4 U U U U U U U U U U U U a fl U U U U U U U U U V V U V V U U V U a U U U U U V U co li ,(V .,j U pp n n W¢ c LL W -Wa L w ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ 3 m rn c ¢ ¢ ¢ m £ f.. w w w w w w w w w w w w w w 4 a p W o" C c c '> w J w w J L w J w J w J Q} w J e j c O J J J J J J J `' J J J J J J J ( (� U U U U 'W 9 D U U U U U U U U V U U U U j� W J 'W J U U O p N a m {{ ".I d m F + z T JZ T T TT W N > > I- T > J 0 Z Z Z Z Z Z ++a NNW ¢II W w + + + wW W w � w W + p yO Z + +++ ++ C II UNj Q @ E O W =a U W NN '>WT Nv N E T >? p T O NM f' U'9 aW r r _ 0 J N C j 7 I L C C 0 0 . Y E....:' J U J U U .� 3 J J c j r > 0 E E I J t U W W « c o m 0 T o n m W m 0 .paa J ° T o Q i m a O C W O m a _ N 0 w 0 �- w l w r c a n W o W c r E o a W E a w C � i S1 E o c 0 c o EN U J U U N cU N0 a m T ) C L O N O 0 O J j y U C OI W O M 'O W N i N N O i Q C C d 0 U c w c o a E U 0 aac¢pJacN a W W c U WO C a NmoO O C o o m E c p N > 0 0 o au s o W Q w- .° Q Q O U o U y= m o o ° O v m p W TN N w IW !> u CE On C W � N - 0 .NZ C C C n O O c0 o c c 4>OWD° wacC E s Q o C c P°«O nm 0 0o D N w W 2 W� U a a a t�U U U0 Q m 0) O N m O M 0N 0 O O O O O O O O O O O , O O O O O v a a v a a s a aM 0 0 0 o o 0 0 0 0 0 0 0o o onU- oo 0 0 0 0 0 00 0 0 00 aj L W Z Cl) O 0 N O rn t0 a Titr^FlaQ" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Adoption of a Resolution in Support of the Coachella Valley Enterprise Zone RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 10 STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council in support of the Coachella Valley Enterprise Zone. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Coachella Valley Enterprise Zone Authority (CVEZA) is a geographical area designated by the State as being eligible for State Income Tax credits and other financial incentives. These benefits are only available to companies within the CVEZA and are offered to encourage business growth and job creation. The CVEZA encompasses over 50 square miles and includes the areas of Thousand Palms, Indio, Coachella, Thermal and Mecca. On November 11, 2006, the CVEZA received its final destination as an Enterprise Zone from the California Department of Housing and Community Development. Since 1992, as stated by CVEZA, enterprise zones have created or retained more than 118,000 jobs across the State. Enterprise zones helped create 20,000 new jobs in the past year alone according to information obtained from CVEZA website. State budget cuts are threatening to eliminate the Enterprise Zones. Currently, the State has OI104 very few tools at its disposal to attract new businesses and help create jobs, especially in some of our most distressed communities. According to CVEZA website, Enterprise Zones have been instrumental in helping businesses by linking resources, people, business, and education resulting. The CVEZA has asked all the Coachella Valley cities to adopt resolutions of support asking the State to not include CVEZA in the budget cuts. Eliminating this program will eliminate development programs and would likely result in an increase in unemployment, increase the number of Californians reliant on State -funded services and undermine any attempts at economic recovery. Research indicated over 18,000 employees in enterprise zones are previous recipients of some type of public assistance (CaIWORKS, MediCal, unemployment, food stamps, etc.). If enterprise zones are eliminated, many businesses may downsize and employees will be forced back on government assistance, increasing the burden to California taxpayers. Even though La Quinta is not located within the CVEZA, the City still benefits from sales and tax dollars from employees who work in the CVEZA and own homes in La Quinta. Staff has drafted the attached resolution in support of CVEZA. As of this date, the Cities of Cathedral City, Rancho Mirage, Desert Hot Springs, Palm Desert, and Coachella have approved similar resolutions or calendared the item for this month (March 2011). It is the goal of the CVEZA to contact as many cities within the region encouraging them to adopt a similar resolution in order to demonstrate to the Governor and State legislative leaders that municipalities are committed to working together in the next legislative session to find ways to increase economic growth. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution in support of the Coachella Valley Enterprise Zone; or 2. Do not adopt a Resolution in support of the Coachella Valley Enterprise Zone; or 3. Provide staff with alternative direction. Respectful) ubmitted, Dougl R. E ns Assistant City Manager — Development Services 01' 5 Approved for submission by: Thomas P. Genovese, City Manager 01^0 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ESTABLISHING ITS SUPPORT OF THE COACHELLA VALLEY ENTERPRISE ZONE PROGRAM WHEREAS, the origins of California's Enterprise Zone came through enactment of two separate programs in 1984 — the Enterprise Zone Act and the Employment and Economic Incentive Act; and WHEREAS, the Enterprise Zone provides a geographically -targeted economic development tool for poor and blighted communities by creating incentives for businesses to hire new employees and purchase equipment for their businesses; and WHEREAS, on November 111h, 2006, the Coachella Valley Enterprise Zone Authority received its final designation as an Enterprise Zone from the California Department of Housing and Community Development; and WHEREAS, the cities and communities of the Coachella Valley experience high, normal, and seasonal unemployment each year; and WHEREAS, the economic crisis has exacerbated this situation, resulting in unemployment rates exceeding 20% in some cities and communities within the Coachella Valley; and WHEREAS, these high unemployment rates serve to increase poverty, crime, and foreclosures of homes, and lead to the disruption of public services to those in the community most in need of assistance; and WHEREAS, the Coachella Valley Enterprise Zone Authority has worked to combat these social problems by using the Enterprise Zone's incentives to encourage new businesses to locate within the Enterprise Zone and existing businesses to expand their operations; and WHEREAS, the Coachella Valley Enterprise Zone has worked with local organizations and programs, including the Riverside County Economic Development Agency, the Riverside County Workforce Development Center, the Coachella Valley Economic Partnership and the Economic Development Departments of the Valley's municipal jurisdictions in an effort to encourage businesses to hire the most at -risk individuals; and u 01 1 Resolution No. 2011- Supporting the Coachella Valley Enterprise Zone Adopted: March 15, 2011 Page 2 WHEREAS, the Coachella Valley Enterprise Zone has issued a total of 2,053 Hiring Credit Vouchers, with 473 being for New Positions to 169 local businesses in 2010; and WHEREAS, the Enterprise Zone has served to attract additional businesses, including manufacturers to the Coachella Valley, and has helped many others stay in business or expand their operations; and WHEREAS, companies moving to or remaining in the Coachella Valley have stated specifically that the Enterprise Zone was a key component in their decisions to locate or remain within the Coachella Valley and California; and WHEREAS, the City of La Quinta acknowledges that the attraction of new businesses and the retention and expansion of existing businesses is the most effective way of guaranteeing the long-term well-being of the cities and communities of the Coachella Valley. NOW, THEREFORE, BE IT RESOLVED that the City of La Quinta has come to recognize the Enterprise Zone as one of the most effective State incentive to create new jobs, grow existing businesses, and compete with other states to attract outside investment to California; and BE IT FURTHER RESOLVED that the City Council of the City of La Quinta believes that the Enterprise Zone has had a significant positive effect on business activity and economic growth in the Coachella Valley; and BE IT FURTHER RESOLVED that the City Council of the City of La Quinta believes that eliminating the most critical business assistance program in the State would be a huge setback to improving California's business climate and its struggles to reach an economic recovery, and urges the State of California to support the Enterprise Zone program. PASSED, APPROVED and ADOPTED this 15th day of March 2011 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolution No. 2011- Supporting the Coachella Valley Enterprise Zone Adopted: March 15, 2011 Page 3 DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California a OF ixEo AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: March 15, 2011 BUSINESS SESSION: ITEM TITLE: Approve the Ratification of Actions Taken CONSENT CALENDAR: I I to Repay the Redevelopment Agency Loans STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: The fiscal implications of the early repayment of the Redevelopment Agency loans resulted in the following: An increase in the unreserved fund balance account of $41,378,966. A decrease of $1,135,302 in interest income related to the early repayment of the loans in Fiscal Year 2010-201 1, and $3.38 million thereafter. A reservation of up to $3,581,825 in the General Fund for land held for resale — Highway 111. A future reservation, pending the results of an appraisal, in the General Fund for 86.95 acres of land identified for private uses at SilverRock. An appropriation of $150,910 toward the "A" Street Extension (Dune Palms to the Komar Center) Capital Improvement Project. CHARTER CITY IMPLICATIONS: None. 0110 BACKGROUND AND OVERVIEW: On February 1, 2011, the City Council directed the City Manager to repay the loans made by the City of La Quinta to the La Quinta Redevelopment Agency, if it was in the best interests of the City. The outstanding balances as of February 1, 2011 were as follows: Outstanding Loan Balances Date February 1, 2011 Fund General Fund RDA Debt Service Project Area No. 1 RDA Debt Service Project Area No. 2 $ 22,000,000.00 19,378,966.00 Total $ 41378,966.00 On February 28, 2011 staff began this loan repayment process which was completed on March 3, 2011. All loans between the City General Fund and the Redevelopment Agency Project Area Debt Service No.1 and 2 Funds have now been repaid. During this time, staff has made accounting entries to repay these loans from sources outlined in the February 1 st and February 15, 2011 mid -year budget reports. The February 1, 2011 staff report identified that $5.48 million of the $19.38 million PA No. 2 loan could not be repaid. Staff has identified additional funding sources to repay the loan and is requesting ratification of the accounting entries taken to pay off the entire PA No. 2 loan. RDA Debt Service Project Area No. 1 Loans Staff repaid all outstanding PA No. 1 loans on February 28, 2011 using available funds as follows: Redevelop me nt Agency Project Area No. 1 Date Amount Balance Remaining Description February 1, 2011 February28, 2011 $ 22,000,000.00 $ (22.000,000.00) $ - Paid from available resources In addition to the loan repayment, staff has also established a Land Held for Resale at SilverRock Account in the General Fund to account for the future purchase of 86.95 acres of land identified for private use at SilverRock. The account has a current balance of zero, pending an appraisal which is in the process of being completed. Once completed, this appraisal will determine the purchase price that the General Fund will pay to the Redevelopment Agency. The General Fund resources to purchase this property will come from available General Fund unallocated reserves. RDA Debt Service Project Area No. 2 Loans Staff repaid all outstanding PA No. 2 loans on February 28, 2011 and March 3, 2011 using available funds and is requesting ratifications as follows: Redevelop mentAgency Project Area No. 2 Date Amount Balance Remaining Description February 1, 2011 $ 19,378,966.00 February 1, 2011 $ (2,193,468.00) $ 17,185,498.00 Paid from available resources February 28, 2011 $ (11,400,000.00) $ 5,785,498.00 Paid from available resources February 28, 2011 $ (365,989.00) $ 5,419,509.00 Ratification requested - 1 March 3, 2011 $ (3,445,000.00) $ 1,974,509.00 Ratification requested - 2 March 3, 2011 $ (136,825.00) $ 1,837,684.00 Ratification requested - 3 March 3,2011 $ (925,192.00) $ 912,492.00 Ratification requested -4 March 3, 2011 $ (132,022.00) $ 780,470.00 Ratification requested - 5 March 3, 2011 $ (629,560.00) $ 150,910.00 Ratification requested - 6 March 3, 2011 1 $ (150,910.00) $ - lRatification requested - 7 Ratification requested — 1 $365,989 With the loan repayment of $11,400,000 on February 28`h, the $365,989 of interest expense on the outstanding loan from March 1, 2011 to June 30, 2011 is no longer required to be paid by the Redevelopment Agency. In addition, the General Fund will no longer receive the interest income since the loan has been reduced. Ratification requested — 2 $3,445,000 Staff has established a Land Held for Resale at Highway 111 Account in the General Fund to account for the future purchase of 9 acres of land identified for private use at Highway 111. The account has a current balance of $3,445,000, based upon an appraisal that was completed on March 2, 2011 with a March 1, 2011 value date. The General Fund resources to purchase this property have come from available General Fund unallocated reserves. Ratification requested — 3 $136,825 As a result of the 9 acre Highway 111 purchase, staff has transferred the future construction of the Highway 111 undergrounding utility project from the Redevelopment Agency to the General Fund. The future resources to construct these underground improvements will be added to the Land Held for Resale at Highway 111 account in the General Fund and will come from available General Fund unallocated reserves. Ratification requested — 4 $925,192 0112 Ratification requested — 4 $925,192 On March 1, 2011, the City Council and the Agency Board approved the sale of loans made by the Agency to the City of La Quinta Developer Impact Fee (DIF) Funds, if deemed appropriate by the City Manager/Executive Director. On March 3, 2011, the City Manager/Executive Director approved the sale of the $925,192 in RDA PA No. 2 Fire DIF loans to the City. Ratification requested — 5 $132,022 With the additional early loan repayments on March 3rd, the amount of interest expense on the outstanding loan from March 4, 2011 to June 30, 2011 is no longer required to be paid by the Redevelopment Agency. In addition, the General Fund will no longer receive the interest income since the loan has been reduced. Ratification requested — 6 $629,560 Staff has reviewed the Project Area No. 2 Capital Improvement Projects and identified estimated savings in the followings projects: Project Estimated Number Project Description Savings 1818 Jefferson Street Parkway Landscaping (Vista Grande to Westward Ho) $ 434,858.00 1850 Miles Ave. Landscaping $ 94,702.00 1841 Washington St Dual Left at Ave 48 $ 100,000.00 Total $ 629,560.00 In the event that these estimated savings are not achieved, staff will return with a future appropriation request. Ratification requested — 7 $150,910 Lastly, in order to repay the remaining Project Area No. 2 loan amount, staff is requesting that $150,910 of $462,784 appropriated for the "A" Street Extension (Dune Palms to the Komar Center) be transferred to the General Fund. Project Number I Pr ject Description General Fund CIP PA No. 2 1812 "A" Street Extension Dune Palms to Komar Center - new road $ 150 910.00 $ 150 910.00 Total $ 150,910.00 $ (150 910.00) 0113 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the Ratification of Actions Taken to Repay the Redevelopment Agency Loans; or 2. Do not approve the Ratification of Actions Taken to Repay the Redevelopment Agency Loans; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: /Thomas P. Genovese, CityManager a ager 0114 COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Transmittal of Single Audit Report on Federal Assistance Program as of June 30, 2010 RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 17 ' STUDY SESSION: PUBLIC HEARING: Agencies that receive federal funds are required to have an audit performed in accordance with Office of Management and Budget (OMB) Circular A-133. The Single Audit Report (Attachment 1) noted that no matters involving the internal control structure and operation of the City of La Quinta were considered to be a material weakness (e.g., noncompliance with laws and regulations). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 0115 1. Approve the Transmittal of Single Audit Report on Federal Assistance Program as of June 30, 2010; or 2. Do not approve the Transmittal of Single Audit Report on Federal Assistance Program as of June 30, 2010; or 3. Provide staff with alternative direction. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Single Audit Report on Federal Awards Year Ended June 30, 2010 0116 I CITY OF LA QUINTA, CALIFORNIA ' SINGLE AUDIT REPORT ' JUNE 30, 2010 I t 1 1 0117 ' CITY OF LA QUINTA ' JUNE 30, 2010 TABLE OF CONTENTS Page Number ' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards......................................................................1 Independent Auditor's Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program, on Internal Control Over Compliance, ' and on the Schedule of Expenditures of Federal Awards in Accordance withOMB Circular A-133.....................................................................................................................3 Schedule of Expenditures of Federal Awards for the t FiscalYear Ended June 30, 2010........................................................................................................5 Notes to the Schedule of Expenditures of Federal Awards....................................................................6 ' Schedule of Findings and Questioned Costs for the FiscalYear Ended June 30, 2010...................................... .................................................................. 7 ' Schedule of Prior Year Findings and Questioned Costs for the FiscalYear Ended June 30, 2009........................................................................................................9 I 1 ' LSL000 CERTIFIED PUBLIC ACCOUNTANTS • Brandon W. Burrows, CPA . David E. Hale, CPA, CFP A Professional Corporation • Donald G. Slater, CPA • Richard K. Kikuchi, CPA • Susan F. Matz, CPA • Shelly K. Jacklq, CPA Bryan S. Gruber, CPA REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and Members of the City Council City of La Quinta, California We have audited the financial statements of the governmental activities, the business -type activities, each ' major fund, and the aggregate remaining fund information of the City of La Quinta, California, (the City) as of and for the year ended June 30, 2010, which collectively comprise the City's basic financial statements and have issued our report thereon dated October 8, 2010. We conducted our audit in accordance with 1 auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. ' Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the ' City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected on a timely basis. ' Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. I o U1'9 Lance, Soil & Lunghard, LLP 203 North Brea Boulevard • Suite 203 • Brea, CA 92821 • TEL: 714.672.0022 • Fax: 714.672.0331 w%nN-Islcpas.com 41185 Golden Gate Circle • Suite 103 • Murrieta, CA 92562 • TEL: 951.304.2728 • Fax: 951.304.3940 ' 0000 LSL°°°•° 00 CERDfIfU WRAC ACCOUNTANTS To the Honorable Mayor and Members of the City Council 1 City of La Quinta, California Compliance and Other Matters 1 As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on 1 the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be ' reported under Government Auditing Standards. This report is intended solely for the information and use of management, the City Council, federal awarding agencies and pass -through entities, and is not intended to be and should not be used by 1 anyone other than these specified parties. 1 October 8, 2010 1 1 1 1 i F 1 1 [1 0 i "0 1 2 ' LSL000 ' CERTIFIED PUBLIC ACCOUNTANTS " Brandon W. Burrows, CPA • David E. Hale, CPA, CFP ' A Professional Corporation • Donald G. Slater, CPA e Richard K. Kikuchi, CPA • Susan F. Matz, CPA '• Shall K. Jackley, CPA • Bryan S. Gruber, CPA ' INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM, ON INTERNAL CONTROL OVER COMPLIANCE, AND ON THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE WITH OMB CIRCULAR A-133 To the Honorable Mayor and Members of the City Council ' City of La Quinta, California Compliance We have audited the compliance of the City of La Quinta (the "City") with the types of compliance requirements described in the OMB Circular A-133 Compliance Supplement that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2010. The City's major ' federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of the City's management. Our ' responsibility is to express an opinion on the City's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing ' Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect ' on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination of the City's compliance with those requirements. In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2010. Internal Control Over Compliance Management of the City is responsible for establishing and maintaining effective internal control over compliance with the requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered the City's internal control over compliance ' with the requirements that could have a direct and material effect on a major federal program to determine the auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the ' purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over compliance. ' 01_21 ' Lance, Soil & Lunghard, LLP 203 North Brea Boulevard • Suite 203 • Brea, CA 92821 • TEL: 714.672.0022 - Fax: 714.672.0331 www.1slcpas.com 41185 Golden Gate Circle • Suite 103 • Murrieta, CA 92562 • TEL: 951.304.2728 • Fax: 951.304.3940 ' 0000 LSL°00 00 CBRIIRLO PUBLIC BCCOURC1UlB To the Honorable Mayor and Members of the City Council ' City of La Quinta, California A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies in internal control over compliance, such that there is a ' reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on timely basis. Our consideration of internal control over compliance was for the limited purpose described in the ' preceding paragraph and would not necessarily identify all deficiencies in the entity's internal control that might be deficiencies, significant deficiencies or material weaknesses. We did not identify any deficiencies in the internal control over compliance that we consider material weaknesses, as defined ' above. Schedule of Expenditures of Federal Awards ' We have audited the basic financial statements of the City as of and for the year ended June 30, 2010, and have issued our report thereon dated October 8, 2010, which contained an unqualified opinion on those financial statements. Our audit was performed for the purpose of forming an opinion of the basic financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the ' financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements taken as a whole. t This report is intended solely for the information of the City Council, management, federal awarding agencies and pass -through entities and is not intended to be, and should not be, used by anyone other than these specified parties. r, .*� PC-4, ?�� ' January 5, 2011 1 I 0122 1 4 ' CITY OF LA QUINTA SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED JUNE 30, 2010 Federal Pass -Through CFDA Grantor's Federal Grantor/Pass-Through Grantor/Program Title Number Number Expenditures U.S. Department of Agriculture Direct Programs: Rural Rental Assistance Payments* 10.427 01-033-617701420 $ 451,770 Total U.S. Department of Agriculture 451,770 ' U.S. Department of Housing and Urban Development Passed through the County of Riverside, Economic Development Agency: ' Community Development Block Grant 14.218 LQ.04-08 78,338 Total U.S. Department of Housing ' and Urban Development 78,338 U.S Department of Justice Direct Program: ' Bureau of Justice Assistance: ARRA - Edward Byrne Memorial Justice Assistance Grant 16.803 2009-SB-69-0090 2009-DJ-BX-0876 67,482 16,767 Edward Byrne Memorial Justice Assistance Grant 16.736 Total U.S. Department of Justice 84,249 U.S. Department of Transportation Passed through the State of California ' Department of Transportation: Highway Planning and Construction* 20.205 BR-NBIL (503) 502,034 Passed through the State of California Office of Traffic Safety: State and Community Highway Safety 20.600 Various 45,754 Total U.S. Department of Transportation 547,788 t U.S. Department of Energy Direct Program ARRA - Energy Efficiency and Conservation Block Granl 81.128 DE-EE0001525 3,000 Total U.S. Department of Energy 3,000 U S Department of Homeland Security Passed through the State of California Office of Homeland Security Disaster Grants - Public Assistance 97.036 1584DR 14,022 Passed through the County of Riverside 97.042 111-00000 24,276 Emergency Management Performance Grants 97.073 2008-0006 5,359 State Homeland Security Program Total U.S. Department of Homeland Security 43,657 Total Federal Expenditures $ 1,208,802 Major Program Note a: Refer to Note 1 to the schedule of expenditures of federal awards for a description of significant accounting policies used in preparing this schedule. Note b: There was no federal awards expended in the form of noncash assistance and insurance in effect during the year. Note c: Total amount provided to subrecipients during the year was $0. 0123 ' 5 ' CITY OF LA QUINTA ' NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS Note 1: Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards a. Scope of Presentation The accompanying schedule presents only the expenditures incurred by the City of La Quinta, California, that are reimbursable under federal programs of federal financial assistance. For the purposes of this schedule, federal awards include both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds is reported in the accompanying schedule. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying schedule. ' b. Basis of Accounting The expenditures included in the accompanying schedule were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures ' are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported included any property or equipment acquisitions incurred under the federal program. ICI 1 I 0124 I CITY OF LA QUINTA ' SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30, 2010 SECTION I - SUMMARY OF AUDITORS' RESULTS Financial Statements Type of auditors' report issued: Unqualified Opinion Internal control over financial reporting: X no • Significant deficiencies identified? _yes Significant deficiencies identified that are ' considered to be material weaknesses? _yes X none reportec Noncompliance material to financial statements noted? _yes X no Federal Awards ' Internal control over major programs: • Significant deficiencies identified? _yes X no identified that are • Significant deficiencies considered to be material weaknesses? _yes X none reported Type of auditors' report issued on compliance for major programs: Unqualified Opinion Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of ' Circular A-133? _yes X no Identification of major programs: Cluster CFDA Number(s) Name of Federal Program or 10.427 Rural Rental Assistance Payments ' 20.205 Highway Planning and Construction ' Dollar threshold used to distinguish between type A and type B program $300,000 Auditee qualified as low -risk auditee? X yes _no i 1 1 1 01' 5 1 7 CITY OF LA QUINTA SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30, 2010 SECTION II - FINANCIAL STATEMENT FINDINGS No matters were reported. ' SECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS No matters were reported. I t t [1 8 0126 ' CITY OF LA QUINTA SCHEDULE OF PRIOR YEAR FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30, 2009 ISECTION 11 - FINANCIAL STATEMENT FINDINGS No matters were reported. tSECTION III - FEDERAL AWARD FINDINGS AND QUESTIONED COSTS ' No matters were reported. 1 1 1 01.17 1 9 `6� ^F laQw*tw COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Adoption of a Resolution Amending Investment Policy of the City of La Quinta for Fiscal Year 2010-2011 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: the CONSENT CALENDAR: 13 yu1111`�Y=16"L PUBLIC HEARING: Adopt a Resolution Amending the Investment Policy of the City of La Quinta for Fiscal Year 2010-2011. FISCAL IMPLICATIONS: Extending the maximum maturity of investments to ten years from the current five year limit may result in increased interest income. In addition, staff is requesting to add a new investment type authorized by Government Code 53601 (a) & (e) — California Local Government Obligations. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Government Code Section 53646 imposes certain reporting requirements on State and local agencies. Specifically, the Code Section states, in part, that the treasurer of a local agency may, but is not required, to submit an annual statement of investment policy to the legislative body. The City of La Quinta has elected to adopt such an annual policy. With the Governor's recent proposal to eliminate Redevelopment Agency's (RDA) as of June 30, 2011, the City Council/Agency Board directed the City Manager/Executive Director to repay the $39,185,498 loans between the City and RDA, from available funds. If these loans are repaid, the General Fund will now have an additional $39.18 million in reserves, which will be required to be invested. These loans were originally to be paid back in twenty years and earn either 7% or 0128 10%. Staff is not recommending to make invests for a twenty year period similar to the time that the loans would have been outstanding; rather, the recommendation is to allow the Treasurer to invest in maturities up to ten years for U.S. Treasury instruments and California Local Agency Obligations. Given the possibility of this loan repayment occurring, staff is requesting the following amendments to the Fiscal Year 2010-2011 Investment Policy: 1. Extending the Maximum Maturity of the Portfolio Government Code Section 53601 provides that the maximum term of any investment authorized under this section, unless otherwise stated, is five years. However, the legislative body may grant express authority to make investments either specifically or as a part of an investment program approved by the legislative body that exceeds this five year maturity limit. Such approval must be issued no less than three months prior to the purchase of any security exceeding the five-year maturity limit. The Treasurer is recommending extending the five-year maturity limit to ten years. Section V Amended Language Annually, the Treasurer shall project the amount of funds not expected to be disbursed within five ten years. For Fiscal Year 2010-2011, the amount of such funds is projected to be 44 $30 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds, Local Agency Obligations, and California Local Agency Obligations maturing between 3 and b 10 years. For all other funds, investments are limited to three years maximum maturity, with no more than 25% of surplus funds invested in maturities exceeding two years and less than three years. 2. Adding California Local Agency Obligations as an Investment Section X and Appendix A Amended Language X PERMISSIBLE DEPOSITS AND INVESTMENTS California Local Agency Obligations as an Investment Permissible deposits and investments are summarized below. A more comprehensive list is included in Appendix A. d1�9 Permissible Investments and Limitations Maximum Maximum (See Appendix A for Additional Information) Allocation Maturity Restrictions Checking &Savings Accounts FDIC Insured &Sweep Accounts 85% Portfolio Current/ Sweep Account:On U.S. Treasuries Demand and/or GSE's Certificates of Deposit 60% Portfolio 3 Years <_ $250,000, including interest per institution U.S. Treasury Bills, Notes and Bonds, and Government National 4=i4;0000,,000 <=$30,0000,000 Mortgage Association (GNMA) Securities 100% Portfolio 3 10Years maturing 3-5 10 Yrs <=54;0000,009 <=$30,0000,000 maturing 3-6 10 Local Agency Bonds/California Local Agency Obligations 30% Portfolio Wears Yrs Long term A+, Al, A+ -or better U.S. Government Agency Securities and Federal Government Securities (except collateralized mortgage obligations (CMO's) or structured notes which contain embedded rate options): - Federal National Mortgage Association (FNMA) $20,000,000 3 Years - Federal Home Loan Bank Notes & Bonds (FHLB) $25.000,000 3 Years - Federal Farm Credit Bank (FFCB) $30,000,000 3 Years - Federal Home Loan Mortgage Corporation (FHLMC) $20,000,000 3 years Prime Commercial Paper including Temporary Liquidity Guarantee $5,000,000 per Program (TLGP) 15% Portfolio 90 Days y issuer maximum. Local Agency Investment Fund (LAIF) 30% Portfolio Current! $40 million On Demand per account. Money market mutual funds regulated by the SEC that consist only of US Treasury Securities or GSE's and maintain a par value of $1 per ° 20 /o Portfolio Current! Maintain $1 per re On Demand share. par value $5,000,000 max Corporate Notes 10% 3 Years per issuer AA rated or better $10,000,000 Corporate Notes - Temporary Liquidity Guarantee Program (TLGP) 20% 3 Years max per issuer, AA rated or better. Requires Professionally Managed Account 10% 3 Years City Council - Approved RFP Long -Term Scale S&P AAA, AA +, AA, AA-, A +, A Moody's Aaa, Aa 1, Aa2, Aa3, A 1, A2 Fitch AAA, AA+, AA, AA-, A+, A 0-1 0 Appendix A Unauthorized Investments The City Treasurer will not be permitted to invest in the following types of investments (see Footnote 2 and "State Code Permitted Deposits And Investments Not Authorized By The City's Investment Policy", below). - Repurchase Agreements - Bankers Acceptances - Negotiable Certificates of Deposit - Mutual Funds other than money market mutual funds - Preferred and Common Stock - State and tea: Government Indebtedness - Asset Backed Securities - Reverse Repurchase Agreements - Derivatives The above list of unauthorized deposits and investments is not meant to be all- inclusive. Only those deposits and investments listed in the "Permissible Deposits and Investments" section of the Policy are permissible. 3. U.S. Treasury Bills, Notes, and Bonds and Government National Mortgage Associations (GNMA) securities - The City may invest in U.S. Treasury bills, notes, and bonds and GNMA securities directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy limits investments in U.S. Treasury issues and GNMA's to 100% of the portfolio. The City's Investment Policy does not allow investments in 1ecTal-and state indebtedness New Section 10. Local Agency Bonds and California Local Agency Obligations - The City may invest in California local agency obligations pursuant to 56301(a) and 53601 (e). 53601 (a) pertains to investing in bonds issued by a local agency, department, board, agency or authority of the local agency. 53601 (e) pertains to investing in bonds and other defined indebtedness of a local agency or department, board, agency or authority of the local agency within the State of California. 0131 The City's Investment Policy limits investments in Local Agency Bonds and California. Local Agency obligations to 30% of the portfolio with up to a ten year maximum maturity. In addition, The Agency obligations must be invested in the long term rating of A +, A 1, A + or better by S&P, Moody s or Fitch. In the case of an initial public offering, including refinancings, the Treasurer may purchase directly from the Bond Underwriter. If the case of secondary issues, the Treasurer will rely on the approved Broker/Dealers. Staff met with the Investment Advisory Board (IAB) at the March 9, 2011 meeting to discuss the proposed changes. The IAB recommended that these amendments be made to the Fiscal Year 2010-2011 Investment Policy on a 4 ayes- 0 nays- 1 vacancy vote FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution amending the Investment Policy of the City of La Quinta for Fiscal Year 2010-2011; or 2. Do not adopt a Resolution to amend the Investment Policy of the City of La Quinta for Fiscal Year 2010-201 1; or 3. Provide staff with alternative direction. Respectfully submitted, 34�. J M. Falconer, Finance Director/ Treasurer Approved for submission by: Thomas P. Genovese, City Manager Q1 31- RESOLUTION NO. 2011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING THE INVESTMENT POLICY FOR FISCAL YEAR 2010-2011 WHEREAS, policies were adopted by the City Council in Resolution No. 2010- 045 on June 15, 2010; and WHEREAS, the general purpose of the Investment Policy is to provide the rules and standards users must follow in investing funds of the City of La Quinta; and WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's investment activity shall be: Safety of principal is the foremost objective of the investment program. Investments of the City of La Quinta shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The investment portfolio shall remain sufficiently li uid to meet all operating requirements that may be reasonably anticipated. The investment portfolio shall be designed with the objective of attaining a market rate of return or yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. WHEREAS, authority to manage the City of La Quinta's investment portfolio is derived from the City Ordinance. Management responsibility for the investment program is delegated to the City Treasurer, who shall establish and implement written procedures for the operation of the City's investment program consistent with the Investment Policy for Fiscal Year 2010-2011; and WHEREAS, the Investment Policy may be amended from time to time as considered necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt the amendments to the Fiscal Year 2010-2011 Investment Policy (Exhibit A). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 15th day of March, 2011 by the following vote, to wit: of �I Resolution No. CITY 2011- Amendment to the Investment Policy Adopted: March 15, 2011 Page 2 of 3 AYES: NOES: ABSTAIN: ABSENT: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0134 EXHIBIT A Amended Language - in Strike out and bold Section V Annually, the Treasurer shall project the amount of funds not expected to be disbursed within #ive ten years. For FY 2010/2011, the amount of such funds is projected to be 44 $30 million. Funds up to that amount may be invested in U.S. Treasury bills, notes and bonds, Local Agency Obligations, and California Local Agency Obligations maturing between 3 and Fa 10 years. For all other funds, investments are limited to three years maximum maturity, with no more than 25% of surplus funds invested in maturities exceeding two years and less than three years Section X and Appendix A X PERMISSIBLE DEPOSITS AND INVESTMENTS California Local Agency Obligations as an Investment Permissible deposits and investments are summarized below. A more comprehensive list is included in Appendix A. Permissible Investments and Limitations Maximum Maximum (See Appendix A for Additional Allocation Maturity Restrictions Information) Checking & Savings Accounts FDIC Insured & Sweep Current / Sweep Account: Accounts o 85 /o Portfolio On Demand U.S. Treasuries and/or GSE's <_ $250,000, Certificates of Deposit 60% Portfolio 3 Years including interest per institution U.S. Treasury Bills, Notes and Bonds, and <=54;0000,000 Government National Mortgage Association (GNMA) 100% Portfolio 3 Wears <=$30,0000,000 Securities maturing 3-6 10 Yrs <-$4;0004,000 <=$30,0000,000 Local Agency Bonds/Califomia Local Agency maturing 3-6 10 Obligations 30% Portfolio Wears Yrs Long term A, AZ A" or better 0135 Permissible Investments and Limitations Maximum Maximum (See Appendix A for Additional Allocation Maturity Restrictions Information) U.S. Government Agency securities and Federal Government Securities (except collateralized mortgage obligations (CMO's) or structured notes which contain embedded rate options): - Federal National Mortgage Association (FNMA) $20,000,000 3 Years - Federal Home Loan Bank Notes & Bonds (FHLB) $25,000,000 3 Years - Federal Farm Credit Bank (FFCB) $30,000,000 3 Years - Federal Home Loan Mortgage Corporation (FHLMC) $20,000,000 3 years Prime Commercial Paper including Temporary Liquidity Guarantee Program (TLGP) o 15 /a Portfolio 90 Days $5,000,000 per issuer maximum. Local Agency Investment Fund (LAIF) 30% Portfolio Current / $40 million On Demand per account. Money market mutual funds regulated by the SEC that consist only of US Treasury Securities or GSE's and 20% Portfolio Current / Maintain $1 per maintain a par value of $1 per share On Demand share par value Corporate Notes 10% 3 Years $5,000,000 max per issuer AA rated or better Corporate Notes -Temporary Liquidity Guarantee $10,000,000 max Program (TLGP) 20% 3 Years per issuer, AA rated or better. Professionally Managed Account 10% 3 Years Requires City Council - Approved RFP Long -Term Scale S&P AAA, AA +, AA, AA-, A +, A Moody's Aaa, Aa 1, Aa2, Aa3, A 1, A2 Fitch AAA, AA +, AA, AA-, A +, A Appendix A Unauthorized Investments The City Treasurer will not be permitted to invest in the following types of investments (see Footnote 2 and "State Code Permitted Deposits And Investments Not Authorized By The City's Investment Policy", below). - Repurchase Agreements - Bankers Acceptances - Negotiable Certificates of Deposit - Mutual Funds. other than money market mutual funds - Preferred and Common Stock - State and Leeal Government Indebtedness - Asset Backed Securities 0'36 - Reverse Repurchase Agreements - Derivatives The above list of unauthorized deposits and investments is not meant to be all-inclusive. Only those deposits and investments listed in the "Permissible Deposits and Investments" section of the Policy are permissible. 3. U.S. Treasury Bills, Notes, and Bonds and Government National Mortgage Associations (GNMA) securities - The City may invest in U.S. Treasury bills, notes, and bonds, and GNMA securities directly issued and backed by the full faith and credit of the U.S. Government. The City's Investment Policy limits investments in U.S. Treasury issues and GNMA's to 100% of the portfolio. The City's Investment Policy does not allow investments in leeal and state indebtedness New Section 10. Local Agency Bonds and California Local Agency Obligations - The City may invest in California local agency obligations pursuant to 56301(a) and 53601 (e). 53601 (a) pertains to investing in bonds issued by a local agency, department, board, agency or authority of the local agency. 53601 (a) pertains to investing in bonds and other defined indebtedness of a local agency or department, board, agency or authority of the local agency within the State of California. The City's Investment Policy limits investments in Local Agency Bonds and California Local Agency obligations to 30% of the portfolio with up to a ten year maximum maturity. In addition, The Agency obligations must be invested in the long term rating of A, A2, A or better by S&P, Moody's or Fitch is met. In the case of an initial public offering, including refinancings, the Treasurer may purchase directly from the Bond Underwriter. If the case of secondary issues, the Treasurer will rely of the approved BrokerlDealers. 01D7 Tjhf ot 4 a" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval to Award a Contract to Construct the Avenue 50 Widening Improvements, Project Number 2010-14 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: I CONSENT CALENDAR: I L STUDY SESSION: PUBLIC HEARING: Award a contract to the lowest responsive bidder, in an amount to be determined, to construct the Avenue 50 Widening Improvements, Project Number 2010-14, and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the approved funding sources for the Avenue 50 Widening Improvements: Transportation DIF $250,000 Total Funding: $250,000 Based on the Engineer's estimate in the amount of $232,350, the following is the anticipated project budget: Design: Inspection/Testing/Survey Construction: City Administration Contingency: Total Budget: $ 24, 000 $22,650 $232,350 $11,600 $23,000 $313,600 0138 As illustrated, a shortfall exists between the funding available ($250,000) and the anticipated project budget ($313,600) in the amount of $63,600. Considering the shortfall is based on the Engineer's estimate and actual bids have not been received, staff is not recommending budget adjustments at this time. Since bids were opened after the preparation of this report staff will present the appropriate budget recommendations in a supplemental staff report memorandum prior to the City Council Meeting. In accordance with the Reimbursement Agreement approved by the City Council on February 15, 2011, Goldenvoice will reimburse the City of La Quinta for the roadway improvements, up to $250,000, in three payments. The first payment of $90,000 was due no later than March 1, 2011 and was received. The second payment shall be in the amount of $80,000 and paid by no later than February 1, 2012. The third and final payment in the amount of $80,000 shall be due no later than February 1, 2013. Should the actual cost of improvements be less than the estimated $250,000, the reduced amount will be reflected in the third and final payment. CHARTER CITY IMPLICATIONS: The project will be 100% funded with locally generated revenue. The project is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of approximately 1,600 feet of new eastbound travel lane on Avenue 50 east of Jefferson Street, cold plane and overlay of 1,600 feet of existing travel lane, re -striping the intersection of Jefferson Street and Avenue 50, and signing and striping the widened Avenue 50. On February 15, 2011, the City Council approved a Reimbursement Agreement between the City of La Quinta and Goldenvoice, LLC, for the design and construction of the Avenue 50 improvements east of Jefferson Street subject to any minor revisions approved by the City Attorney and City Manager and authorized the City Manager to execute the agreement; approved plans, specifications and engineer's estimate and advertisement for bids for Avenue 50 improvements; and appropriated funding in the amount of $250,000 from transportation development impact fees. Goldenvoice is in the business of staging and promoting concerts and other events. Goldenvoice regularly schedules events to be held at the Empire Polo Club in the City of Indio, just outside of the City's eastern boundary. Re -occurring events at Empire Polo Club include the Coachella Valley Music and Arts Festival and the Stagecoach q� 0139, Festival. In addition to those events, Goldenvoice will also put on a third concert this year, a heavy metal rock concert known as The Big 4. This year, all three events are scheduled to take place on consecutive weekends in April and May at the Empire Polo Club. In past years, the Coachella and Stagecoach festivals have generated large audiences resulting in increased traffic congestion particularly on Avenue 50 and Jefferson Streets. With the addition of The Big 4 concert this year, which will feature four very popular heavy metal bands, staff anticipates that there will be an even greater burden on the City's infrastructure and resources than in past years. Contingent upon the City Council's authorization to award a construction contract on March 15, 2011, the following is the anticipated project schedule: Bid Opening Date City Council Awards Contract Sign Contracts/Mobilize Construction (13 Working Days) Accept Improvements FINDINGS AND ALTERNATIVES: March 14, 2011 March 15, 2011 March 16-22, 2011 March 23 — April 8, 2011 May 2011 The alternatives available to the City Council will be provided in a Supplemental Memorandum prior to the City Council meeting. Respectfully submitted, Timothy R. J sson, O.E. Public Works erector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 0140 C: ft. `&tyap4Qum& MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Manager�� FROM: A othy R. Jonasson, P.E., Public Works Director/City Engineer DATE: March 15, 2011 SUBJECT: City Council Agenda Item C14 Avenue 50 Widening Improvements Project Number 2010-14 Attached is the supplemental report for Consent Calendar Item No. C14, Award of Contract for the Avenue 50 Widening Improvements, Project Number 2010- 14, for the City Council's consideration at the March 15, 2011 City Council Meeting. Staff will be available at the meeting to answer any questions. Thank you. 0141 COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval to Award a Contract to Construct the Avenue 50 Widening Improvements, Project Number 2010-14 Supplemental RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Award a contract to Cooley Construction, Inc., in the amount of $146,025, to construct the Avenue 50 Widening Improvements, Project Number 2010-14, and authorize the City Manager to execute the contract. FISCAL IMPLICATIONS: The following is the approved funding sources for the Avenue 50 Widening Improvements: Transportation DIF $250,000 Total Funding: $250,000 Considering the low bid in the amount of $146,025, the following is the anticipated project budget: Design: Inspection/Testing/Survey Construction: City Administration Contingency: Total Budget $ 24, 000 $22,650 $146,025 $1 1, 600 $45,725 $250,000 1,•R 0142 As illustrated, adequate funding is available to award a contract in the amount of $146,025 to Cooley Construction, Inc. In accordance with the Reimbursement Agreement approved by the City Council on February 15, 2011, Goldenvoice will reimburse the City of La Quinta for the roadway improvements, up to $250,000, in three payments. The first payment of $90,000 was due no later than March 1, 2011 and was received. The second payment shall be in the amount of $80,000 and paid by no later than February 1, 2012. The third and final payment in the amount of $80,000 shall be due no later than February 1, 2013. Should the actual cost of improvements be less than the estimated $250,000, the reduced amount will be reflected in the third and final payment. CHARTER CITY IMPLICATIONS: The project will be 100% funded with locally generated revenue. The project is not subject to prevailing wage requirements. BACKGROUND AND OVERVIEW: The proposed improvements include the construction of approximately 1,600 feet of new eastbound travel lane on Avenue 50 east of Jefferson Street, cold plane and overlay of 1,600 feet of existing travel lane, re -striping the intersection of Jefferson Street and Avenue 50, and signing and striping the widened Avenue 50. On February 15, 2011, the City Council approved a Reimbursement Agreement between the City of La Quinta and Goldenvoice, LLC, for the design and construction of the Avenue 50 improvements east of Jefferson Street subject to any minor revisions approved by the City Attorney and City Manager and authorized the City Manager to execute the agreement; approved plans, specifications and engineer's estimate and advertisement for bids for Avenue 50 improvements; and appropriated funding in the amount of $250,000 from transportation development impact fees. Goldenvoice is in the business of staging and promoting concerts and other events. Goldenvoice regularly schedules events to be held at the Empire Polo Club in the City of Indio, just outside of the City's eastern boundary. Re -occurring events at Empire Polo Club include the Coachella Valley Music and Arts Festival and the Stagecoach Festival. In addition to those events, Goldenvoice will also put on a third concert this year, a heavy metal rock concert known as The Big 4. This year, all three events are scheduled to take place on consecutive weekends in April and May at the Empire Polo Club. 0143 In past years, the Coachella and Stagecoach festivals have generated large audiences resulting in increased traffic congestion particularly on Avenue 50 and Jefferson Streets. With the addition of The Big 4 concert this year, which will feature four very popular heavy metal bands, staff anticipates that there will be an even greater burden on the City's infrastructure and resources than in past years. On March 14, 2011, six (6) sealed bids were received for the construction of this project. A detailed bid comparison summary is provided for the City Council's review at Attachment 1 . The basis of award is the lowest combined price of the base bid area, Cooley Construction, Inc. submitted the lowest responsive bid in the amount of $146,025. Contingent upon the City Council's authorization to award a construction contract on March 15, 2011, the following is the anticipated project schedule: Bid Opening Date City Council Awards Contract Sign Contracts/Mobilize Construction (13 Working Days) Accept Improvements FINDINGS AND ALTERNATIVES: March 14, 2011 March 15, 2011 March 16-22, 2011 March 23 — April 8, 2011 May 2011 The alternatives available to the City Council include: 1. Award a contract to Cooley Construction, Inc., in the amount of $146,025, to construct the Avenue 50 Widening Improvements, Project Number 2010- 14, and authorize the City Manager to execute the contract; or 2. Do not award a contract to Cooley Construction, Inc. in the amount of $146,025, to construct the Avenue 50 Widening Improvements, Project Number 2010-14, and do not authorize the City Manager to execute the contract; or 3. Provide staff with alternative direction. Respectfully submitted, mothy Jon son, P.E. ublic orks ector/City Engineer 0144 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 0145 00000 OOOO 00000 O U 00000 0 0 0 0 0 O Z O Op 00 000 u0.11 V m p Wr•.-aomMmoina omaoaonnoN F6 F, WN F z 0 0 0 0 0- 0 0 0 0 O W 0 0 0 0 m m o 0 0 0 U U O m m o 7 m o m n n m i o m a« N N 0 o L a m m 0 N M m N F m F Z fL J F 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 m O O h 0 0 m z ❑ V OO O O m Om � m N 0 o M N w W 2 as 0000a00000 000ma0ooDO w V N N�, O U d O O 00 O N 0 y N m N 00 O W O LiW W O O O O O O o 0 0 0 O U O O O O O O O O O O O U � m000 �O ui 00 u70 � Z ry m O m m O m N m a O m N m O y m N N m y N O O N N.n. y U w X ¢ r w O1 0000a-0000 O 0 0 0 7 0 7 0 0 0 0 U U mOO�NMmON�n MNN w 00000 O O O O O 0 0 00 0 00 O 00 O O O Q O O oo 000 000.000. O o 00 0 co O o a 0 0 0 o m N m o o n O W m0 w n M p N fp N m N N N 2 w H X w w00000000oo 3000000 000 U OOOON ui 00 o O 0001 N N N H 000 W O m wool N N O 2 J ~ m N J J m J T LL U m LL a m W m m J J m J Q? y W ------------ 000 W Omul� m F �0 w O m m 2 O W m o 3 a Z C N = F N m L ❑ N W O .0m 0 0 o m 0 c n m U O'' a U> m `EE O 0 �HUJNQaUIr¢ � 0 Z N M a m m n m m 0 00000000001 O 000000 O 00 o Z w 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 a 0 a M 0 1 f' Z OmL a � N m U F a y N N m y n y y f 2 W N O 0 0 0 0 0 0 0 0 0 0 0 o p W O 00 O O m 0000 p U U O O O m 0 0 0 0 0 Qn 000. N M m 0 0 of O mN N F 2 Z J 0000000000 O 0000000000 O O OOmO n m inOO�n C w OmMONNO)Oam a O U��na00 W NOm mn N U W¢ Z 6 W N V N n m N m 2 O 0000mmoo00 m wOOOommoo 0arvu.. .o oo 3 ¢ o mn N f_ N Z J y� 0000000000 O U O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 m Z y 0000.00m0. m Q N a 06 <5 e U O N K > W Z w Z a p 0 U O 000000 0 0 0 00 0 0 f U U 0 0 000-M.O 0 0 0 0 0 W 00 4 00mNN NuOi m ON Q2 c� z J w 00 0 0 0000 O 0 0 o 0o 0 0 000 0 00 00 o 0 O O U Fr 0 0 o 0 0 0 0 0 0 00 m o 00 00 0 m O o y 0oo0-1 oon o on aia non No" of W p y� N m m N Z w r X w 0000000000 w 00000.0000 U O O O O N m 000 0 N N m oon 6 0 0 0 O 0 n �- in0 m "NON Z y N J ~ m f Z U m m w a J r 000 W ! f mm O m O T �2 m R w w 2 m 2 W N K `0 a 2 c j > A m t O d r 6 > a C C d U W O w N ry m m O c E o a > > a y a _ o O - c m U c 9 U> o d U m a m o H o Q `- o �ro�i.ic ainr¢ � 0 Z N M a W m n m m o we Tay� 4 4 a" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of Professional Services Agreement with TY LIN International to provide Construction Management Services for the Adams Street Bridge Improvements, Project 2006-06 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _C CONSENT CALENDAR: 5 STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement (PSA) with TY LIN International, in the amount of $1,299,333, contingent upon the successful completion of the Caltrans required pre -award audit, to provide Construction Management (CM) Services for the Adams Street Bridge Improvements, Project No 2006-06, and authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: Transportation DIF $610,400 CVAG $2,014,035 APP Funds $200,000 Surface Transportation Funds (STP — Federal) $10,263,683 Total Funding Available: $13,088,118 The following is the anticipated project budget: $1,100,000 Design: Inspection/Testing/Survey: $1,299,333 Construction: $9,1 16,813 Administration: $348,350 Contingency: $1,223,622 Total: $13,088,1 18 0147 The project is partially funded with Surface Transportation Program (STP) funds through the State's Highway Bridge Program (HBP). The HBP will provide 88.53%, up to $10,263,683, toward the proposed bridge spanning the Whitewater River on Adams Street. The remaining costs (1 1.47% local share) will be funded in part (up to 75% of local share) by the Coachella Valley Association of Governments (CVAG). CHARTER CITY IMPLICATIONS: This project is partially funded with federal funds. As such, prevailing wage requirements are included in the contract specifications. BACKGROUND AND OVERVIEW: The purpose of the proposed improvements is to replace the existing low water crossing spanning the Whitewater River at Adams Street with an all-weather crossing (bridge). On November 6, 2007, the City Council authorized the City Manager to execute program supplemental agreement 007-N to agency -state agreement number 08-5433R for federal funding toward the Adams Street bridge improvements, Project No. 2006- 06. The program supplement agreement 007-N to agency -state agreement number 08-5433R provided $500,000 of Federal funding toward the preliminary engineering phase of the Adams Street bridge improvements, Project No. 2006-06. The HBP funding will be received in three phases. The first phase included the development of the project environmental document and preliminary engineer's report. The second phase included the preparation of the plans, specifications and engineer's estimate (PS&E). Caltrans approved federal funding, in the amount of $806,908, for the preparation of the PS&E on May 28, 2009. The third phase includes construction and construction engineering. Caltrans approved federal funding in the amount $9,456,775, for the construction and construction engineering phase on December 6, 2010. The December 6, 2010 funding approval authorized up to $10,263,683 of federal funds for use on the project. On February 3, 2010, the City of La Quinta and the Coachella Valley Association of Governments (CVAG) entered into an Agency Reimbursement Agreement for the development of the Adams Street Bridge Improvement. Among other things, the agreement provides for CVAG to reimburse the City for 75% of the local share of qualified project costs. The local share of the project is estimated at $2,685,380. CVAG will reimburse the City up to the not to exceed cost of $2,014,035. The City of La Quinta is responsible for the remaining 25% of the local share. 0141 On August 3, 2010, the City Council approved the PS&E and authorized staff to advertise for bid the Adams Street Bridge Improvements, Project No. 2006-06; and approved a Request for Proposal (RFP) for CM Services for Adams Street Bridge, Project No 2006-06. Construction bids are due on April 7, 2011. The City received six proposals for construction administration on January 31, 2011. Following its evaluation of the proposals, the consultant selection committee elected to interview three of the six firms. Following the interviews conducted on February 18, 2011, staff unanimously recommends TY LIN International be awarded a professional services agreement (Attachment 1) to provide construction management services for the Adams Street Bridge Improvements, Project 2006-06. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a PSA with TY LIN International, in the amount of $1,299,333, contingent upon the successful completion of the Caltrans required pre -award audit, to provide CM Services for Adams Street Bridge, Project No 2006-06 and authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney; or 2. Do not approve a PSA with TY LIN International, in the amount of $1,299,333, contingent upon the successful completion of the Caltrans required pre -award audit, to provide CM Services for Adams Street Bridge, Project No 2006-06 and do not authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo son, .E. Public Works ' ector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Professional Services Agreement 0150 ATTACHMENT1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and TY LIN International ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to the Construction Management Services for the Adams Street Bridge, Project No. 2006-06, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 11-18-10 1 O 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will performed in a manner consistent with the standard of care and skill normally exercised by members of the profession. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. Last revised 11-18-10 - 2 0152 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed One Million, Two Hundred Ninety - Nine 'Thousand, Three Hundred Thirty -Three Dollars ($1,299,333.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (101h) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. Last revised I1-18-10 3 0153 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this agreement shall commence on March 16, 2011 and terminate on February 28, 2013 (initial term). This agreement may be extended upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. Last revised II-18-10 4 0154 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. Mr. Joe Tognoli, P.E., Vice President b. Mr. Joseph Smith, P.E., C.C.M. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson, P.E., Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any Last revised 11-18-10 5 0155 time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE AND INDEMNIFICATION. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Last revised 11-18-10 6 0156 Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature Last revised 11-18-10 7 0151 and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. Last revised 11-18-10 8 0158 4. Indemnity Provisions for Contracts Related to Construction. without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent: and within the time herein required, City may, at its sole option: Last revised I1-18-10 9 0159 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. . 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. Lastrevised 11-18-10 10 0160 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. Last revised 11-18-10 71 0' 61 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 11-18-10 12 01 V) 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with Last revised 11-18-10 13 04 61 generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Consultant shall retain and allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Last revised 11-18-10 14 0164 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.7. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to. obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Last revised I1-18-10 15 0169 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. Last revised 11-18-10 16 0 66 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 To Consultant: TY LIN International Attention: Mark Ashley, P.E. Senior Vice President 404 Camino del Rio South, Suite 700 San Diego, California 92108 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. Last revised 11-18-10 17 0161 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: TY LIN International Name: Mark Ashley, P.E. Title: Senior Vice President Date: 3%,�ri Last revised I1-18-10 t8 0161 Exhibit A Scope of Services Consultant will perform the tasks necessary to provide Construction Management Services for the Adams Street Bridge Improvements, Project No. 2006-06, Federal Aid Project Number BR-NBIL (503). Consultants shall perform it's work in accordance with the scope of work, dated March 15, 2011, attached and made a part hereof. Last revised II-18-10 19 0169 EXHIBIT A SCOPE OF WORK March 15, 2011 The scope of these services consists of, but is not limited to, Construction Management and Inspection Services for the Adams Street Improvements Project and will include Pre -Construction, Construction, and Post -Construction Phases. The work to be performed by the TYLI shall be based on the procedures, guidelines, standards, and the code contained in the Caltrans, City of La Quinta, and other publications listed below: • Local Assistance Procedures Manual (LAPM), with current amendments • Local Programs Procedures (LPP), with current amendments • Construction Manual, current edition • CALOSHA Construction Safety Orders, current edition • Bridge Construction Records and Procedures Manual, current edition • Standard Specifications, current edition • Standard Plans, current edition • Greenbook 2009 Edition • Trenching and Shoring Manual, with current amendments • Falsework Manual, with current amendments • Contract Change Order Manual, with current amendments • Foundations Manual, with current amendments • Quality Assurance Inspection of Field Welding Manual, current edition • Storm Water Quality Handbooks, current editions • Sample Contractor's Water Quality SAPS • Construction General Permit • Coachella Valley State Implementation Plan (CVSIP) for PM-10 0' ? 0 EXHIBIT A Task 1.0 PROJECT MANAGEMENT TYLI Resident Engineer shall organize and develop a Project Development Team (PDT). Members of the PDT shall include TYLI Construction Management Resident Engineer, RBF Design Project Manager, TYLI Inspectors as required, Sub -Consultants as required and members of the City of La Quinta. Task 1.1 Monthly PDT Meetings TYLI shall organize and conduct Monthly Progress Meetings to discuss progress of construction project, issues to be resolved and action items to be addressed. Deliverable: TYLI Resident Engineer shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the meeting. Task 1.2 Monthly Progress Reports TYLI shall prepare progress reports to record the progress of the construction project and as supporting data for invoices presented monthly to the City of La Quinta. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues, a list of Contract Change Orders (CCO), a list of Notice of Potential Claims (NOPC) (if any), financial updates on the Contractor's work and TYLI's contract, and schedule completion target dates. Deliverable: TYLI shall hand deliver progress reports with the monthly invoices and deliver the Progress Reports to the City of La Quinta at the monthly PDT meetings. Task 2.0 PRE -CONSTRUCTION SERVICES Task 2.1 Constructability Review TYLI Resident Engineer shall perform a constructability review of the contract plans, specifications, and estimate according to Caltrans Constructability Review Process. TYLI shall perform an independent check of the quantities. TYLI shall review Specifications for compatibility with plans and estimate. TYLI shall validate estimate for realistic prices, errors and/or omissions. TYLI shall review plans specifically checking staging, utility conflicts, adequate access for construction, whether construction details are complete and buildable, among other items. Deliverable: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the plans, specifications, and estimate, with recommendations for correction. Plans shall be returned to original designer with mark-ups and comments. Specifications will be flagged where appropriate with explanations of omission, errors, and suggested corrections. Task 2.2 Bid -Opening Meeting TYLI shall schedule and conduct a bid -opening meeting per Chapter 15.5 of the Caltrans LAPM. TYLI shall assist the City with advertising a bid -opening meeting in applicable newspapers and trade magazines. TYLI will assist the City with retaining the appropriate documents for the successful low bidder. Deliverable: A Meeting Notice, an Agenda and Sign -In Sheet shall be prepared for bid -opening meeting. Completed Local Agency Bid Opening Checklist per LAPM Chapter 15. 01 -1 EXHIBIT A Task 2.3 Bid Analysis TYLI shall review and analyze contractor's bids in accordance with Chapter 15.6 of the LAPM. TYLI shall review the unit bid prices in each bid for reasonable conformance with the engineer's estimate and compare with each other bid received. TYLI shall evaluate bids for responsiveness and completeness, and assure compliance with DBE and UDBE program, per the LAPM. Deliverable: The TYLI shall make recommendations to agency on acceptance of contractor's bids. Task 2.4 Pre -Construction Public Outreach TYLI subconsultant shall meet with the City and develop initial plan for Public Outreach to be implemented prior to construction starting and after construction commences. Deliverable: TYLI subconsultant shall submit initial Public Outreach Plan for City's review and comments. Task 2.5 Project Walk -Through TYLI shall schedule and administer a project walk-through with TYLI team members, City personnel, and RBF design engineers. Deliverable: TYLI Resident Engineer shall set up and administer the meeting, take notes during walk and deliver minutes to participants within two days after walk-through. Task 2.6 Review Project Permit Requirements TYLI Resident Engineer, Assistant Resident Engineer, and other sub -consultants shall review the project permit requirements, paying particular attention to the potential impact to Contractor plan and schedule. Deliverable: TYLI shall summarize salient points about each permit and discuss any issues with the City of La Quinta. Time will be allowed at the pre -construction meeting to discuss project permits. Task 2.7 Project Kick -Off Meeting TYLI's Resident Engineer shall schedule and administer a project kick-off meeting with TYLI team members, City personnel, and RBF design engineers. The intent of the meeting will be to obtain issues and concerns that City personnel would like addressed at the pre -construction meeting. Deliverable: TYLI's Resident Engineer shall contact each member, take notes during meeting and deliver minutes to participants within two days after walk-through. Task 2.8 Pre. Construction Meeting TYLI's Resident Engineer shall schedule and conduct a pre -construction meeting with approved contractor. TYLI shall contact additional City personnel, members of the contractor's team, local authorities (police, fire, etc.), Caltrans Local Assistance, RBF design engineer, personnel from CVWD, Verizon, IID and Time Warner. Topics will include items such as agency expectations, labor compliance, Equal Employment Opportunity compliance, safety, environmental permits, SWPPP, materials testing and compliance, Contractor submittals, encroachment permits, quality control and quality assurance expectations, and payment process. Deliverable: A Meeting Notice, Agenda and Sign -In Sheet shall be prepared for pre -construction meeting. (The meeting agenda will be provided to City personnel five days prior to meeting to secure concurrence on topics to be covered.) Action items will be assigned to appropriate personnel with a EXHIBIT A timeline for completion of tasks. TYLI shall provide meeting minutes to attendees within two days of meeting. Task 2.9 Pre -Construction Photo Documentation TYLI's Inspector shall conduct pre -construction photo and video documentation of the existing conditions on the project site. Deliverable: TYLI shall provide the agency with compact disks and videos containing pre -construction documentation. Copies of disks and videos will be made and inserted into the project files on site. Task 3.0 CONSTRUCTION SERVICES Task 3.1 Perform Construction Management, Inspection and Administration TYLI will perform all construction management, inspection and administration in accordance with the Plans and Specifications, Caltrans Standards, Standard Specifications for Public Works Construction, and the City of La Quinta requirements as necessary for the project to assure contract compliance and Federal reimbursement as outlined in the LAPM and the Caltrans Construction Manual. The following is a brief description of some of the major aspects of this work: Deliverables: Deliverables for each item below will vary depending on nature of task. A copy of all deliverable items as a result of task identified below shall be kept in the contract files on site. Task 3.1.1 Contract Documents, Plans, Specifications, and Permits TYLI's Resident Engineer and Inspector(s) will have a complete understanding of all contract documents and their applicability to the specific items of work. Task 3.1.2 Mitigation Monitoring Plan (MMP) TYLI's Resident Engineer shall maintain and populate the MMP in accordance with permit requirements. Task 3.1.3 Ensure Compliance to Safety Regulations, Building Codes, City Ordinances TYLI's Resident Engineer and inspector shall verify Contractor's compliance to applicable Construction Safety Orders. Violations will be recorded and Contractor shall be requested to correct unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files. In appropriate situations the project shall be shut down until Contractor corrects safety violation(s). Task 3.1.4 Implement Public Outreach Plan TYLI's Resident Engineer and subconsultant shall implement established Public Outreach Plan, in coordination with the City. Plan may include populating City's website and/or Facebook page with information and pictures of the project, door -knob hangers, public meetings, streaming live video feeds from the project site to the City's website and/or Facebook, fliers, face -face meetings with business owners, residents and other stakeholders. Task 3.1.5 Document Control Filing TYLI's Resident Engineer and Office Administrator shall set up and.maintain the contract filing system in accordance with the Caltrans Construction Manual and Local Assistance Procedures Manual. Files shall include, but not be limited to, all contracts, plans and specifications and Q' 7 EXHIBIT A applicable addenda, all correspondence, pre -construction checklists, submittals, Contract Change Orders, diaries, monthly progress payments, certificates of compliance, survey requests, all EEO compliance paperwork, Request For Information documents (RFI's), permit inspections and materials testing diaries and spreadsheets. Task 3.1.6 Project Permits TYLI's Resident Engineer, Office Administrator and Inspector shall maintain a copy of all permits for the project in the construction trailer and in their daily workbook. TYLI's Resident Engineer and Inspector shall ensure Contractor complies with all permit requirements. Task 3.1.7 Compilation of Records (Bound Workbooks) TYLI's Inspector shall maintain a set of bound documents to track record of quantities constructed, daily and weekly reports, photographs and other items as necessary. Task 3.1.8 Baseline Schedule & Schedule Updates TYLI's Resident Engineer and Inspector will review the baseline CPM schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. TYLI's Resident Engineer and Inspector will review monthly Baseline Schedule updates and verify accuracy. TYLI's Resident Engineer will work with the Contractor to maintain the project schedule to show current conditions and suggest revisions as necessary. TYLI's Resident Engineer will also review Contractor's weekly updates, to be submitted on the last working day of the week, and provide comments and/or concerns. Task 3.1.9 Daily Inspection TYLI's Resident Engineer and Inspector shall perform daily inspection of all Contractors' activities. TYLI will ensure compliance with contract documents. TYLI's Resident Engineer and Inspector shall evaluate, approve or reject the Contractor's and Sub -Contractor's work in accordance with the contract documents. TYLI will place the City's interest as the top priority throughout the duration of construction. Task 3.1.10 Domestic Water and Sanitary Sewer Improvements TYLI's Resident Engineer and Inspector shall coordinate with Coachella Valley Water District (CVWD) for relocation, removal, and protection of their facilities. TYLI's Resident Engineer will ensure Contractor compliance with plans, specifications, and all requirements from CVWD. TYLI's Inspector will monitor and document all work associated with CVWD facilities. Task 3.1.11 Daily Diaries TYLI's Resident Engineer and Inspector shall record all inspection observances on a daily diary form. This information will include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor's personnel, conversations, conflicts and resolutions, and non-compliance (if necessary). Task 3.1.12 Photo Log TYLI's Inspector will make a photo log of the project. Photos will include all pre-existing conditions, work -in -progress, disputed work and issues of contract non-compliance, SWPPP and PM10 violations, extra work and completed work. 1_7i EXHIBIT A Task 3.1.13 Tracking Construction Materials TYLI's Resident Engineer and Inspector shall track Contractors' materials by certificate of compliance or Caltrans source inspection release tags. TYLI's Office Administrator shall file all certifications appropriately. Task: 3.1.14 Traffic Management Plan TYLI's Resident Engineer and Inspector shall administer the implementation of the projects Traffic Management Plan (TMP). TYLI's Inspector shall review traffic control devices in day -time and at night-time to verify effectiveness. TMP will consider emergency response vehicles. Task 3.1.15 Submittal Review TYLI's Office Administrator shall receive, stamp with date received, and track all Contractors', subcontractors', and independent party submittals. A log will be set up identifying submittal name, responsible party, review party and whether date was met. Log will be used at weekly progress meetings. TYLI's Resident Engineer shall coordinate directly with Design Engineer for review of submittals designated for designer. The need for expeditious review of submittals will be stressed at the weekly progress meetings. Submittals shall include but not be limited to: • Contractor's Injury and Illness Prevention Plan (IIPP) • Contractor's equipment list • SWPPP • Mix Designs (Asphalt Concrete and Portland Cement Concrete) • Notice of Materials to be used • Notice of Materials to be tested • Falsework Design • Shoring Design • Pile Drilling Plan • Decorative railing Shop Drawings • Electrical Plan • Traffic Management Plan • Utility Coordination Plan • Joint Assembly Shop Drawings • Reinforcement Steel Placement Plan Task 3.1.16 Labor Compliance/Equal Employment Opportunity/Prevailing Wage/Disadvantaged Business Enterprise (DBE) TYLI's Resident Engineer shall enforce the contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity, Prevailing Wage, and Disadvantaged Business Enterprise according to the Local Assistance Procedures Manual. This shall include Inspectors preparing daily diaries and recording workers names, classifications, work performed and hours worked on each task. TYLI's Office Administrator shall receive Contractors', Subcontractors', and equipment rental companies' certified payrolls on a weekly basis and ensure that the applicable Davis -Bacon or State prevailing wage, as referenced in special provisions, is adhered to; track work performed by DBE and UDBE Subcontractors; hours of work performed and monthly progress payments that include work by DBE and UDBE Subcontractors. TYLI Inspector shall conduct spot check EEO interviews and maintain written evidence of apprentices employed on the project. TYLI EXHIBIT A Office Administrator shall cross reference reports, interviews, payrolls, and wage rates in order to determine Contractor and Subcontractor compliance Task 3.1.17 Coordinate and Monitor All Inspection Activities TYLI's Resident Engineer shall coordinate and monitor all inspection activities including TYLI Inspectors, specialty inspectors, permit inspectors and necessary inspections from additional agencies involved in the project. TYLI's Resident Engineer shall track costs of inspection and provide updates to the City on a monthly basis with monthly invoice. Task 3.1.18 Weekly Diaries TYLI's Resident Engineer shall create a weekly diary. Diary shall include general contractor's activities on a daily basis, working day identification, percent project complete, percent project remaining, conversations with Contractors' Superintendent and Foremen, resolutions of conflicts, and submittals received. Task 3.1.19 Weekly Statement of Working Days (WSWD) TYLI's Resident Engineer shall create a Weekly Statement of Working Days spreadsheet and submit to Contractor on a weekly basis. WSWD form shall be in Caltrans format and shall track working days, non -working days, holidays, inclement weather, working days in which no work was performed, time extensions, percent time complete and percent work complete. Task 3.1.20 Coordinate with City Engineer and Other City Departments TYLI's Resident Engineer shall coordinate with the City Engineer and other applicable City personnel to discuss project progress, issues, and costs prior to weekly progress meetings. Task 3.1.21 Weekly Construction Progress Meetings TYLI's Resident Engineer shall conduct weekly coordination meetings with the Contractor, City personnel Design Engineer, Sub -Consultants, local business owners, applicable utility representatives, and others as necessary. Topics shall include upcoming work, schedule, utility coordination, issues of non-compliance (if necessary), change orders, and tracking of submittals. Task 3.1.22 Coordination Meetings with Property Owners and Businesses TYLI's Resident Engineer shall meet as -needed with local businesses, residents, and property owners to discuss the project, explain the schedule and to address any concerns. Task 3.1.23 Request For Information (RFI) TYLI's Resident Engineer shall receive, record, review, and respond to all Contractor's Request For Information. Resident Engineer shall submit to third party for review if necessary. Response times will be determined and adhered to. 0176 EXHIBIT A Task 3.1.24 Change Requests/Contract Change Orders (CCO)/Transmittal Letters TYLI's Resident Engineer shall receive, record, and review all Contractors' Requests for Changes. All requests will be reviewed for merit and discussed with City Management. If change is warranted, Resident Engineer shall create Contract Change Order and Transmittal Letter according to Caltrans Contract Change Order Manual. Resident Engineer will receive agency approval prior to submittal to Contractor. TYLI's Resident Engineer and Inspector shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO worked performed in the previous month. Task 3.1.25 Coordinate Materials Testing and Inspection/Surveying Services TYLI's Resident Engineer shall coordinate and monitor all materials testing services and construction surveying. Survey requests will be required by the Contractor 48 hours prior to need for staking. Materials testing reports will be reviewed and initialed by the Resident Engineer and maintained in the project files. Task 3.1.26 Prepare Monthly Progress Estimates TYLI's Resident Engineer and Office Administrator shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. TYLI's Resident Engineer shall prepare supporting documents for each item of work to be paid. These documents shall include at a minimum, item to be paid, amount of item to be paid, calculation of material placed, Certificates of Compliance or Release Tags, name of individual creating document, name of individual verifying document, and date. A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. Monthly Progress Estimates shall include Contract Change Order Work. Task 3.1.27 Monitor Construction Costs TYLI's Resident Engineer shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated on a monthly basis. Contingency balance will be monitored and updated after each CCO or after each Monthly Progress Estimate. Task 3.1.28 Storm Water Pollution Prevention Plan (SWPPP) Compliance TYLI's Resident Engineer and Inspectors and Subconsultant Inspectors shall inspect the project site and monitor Contractor's compliance with Best Management Practices (BMP's) in accordance with Caltrans Handbooks and Sample Contractor's Water Quality SAP's. TYLI's Resident Engineer shall monitor the weather forecast during the storm season and ensure Contractor's compliance for pre - storm, storm event, and post storm requirements. Proper handling and storage of non -visible pollutants shall be enforced. Task 3.1.29 PM10 Compliance TYLI's Resident Engineer and Inspectors and Subconsultant Inspectors (holding Coachella Valley Fugitive Dust Certificates) shall inspect the project site and monitor Contractor's compliance with Best Management Practices (BMP's) in accordance with the Coachella Valley State Implementation Plan. TYLI's Inspector shall verify that Contractor utilizes approved haul routes in accordance with the TMP and PM10 requirements. 0177 EXHIBIT A Task 3.1.30 Implement Public Outreach Plan Implement Public Outreach Plan TYLI's Resident Engineer shall maintain an open door policy throughout the Construction contract and shall meet with local residents, business owners and other interested parties and address their concerns. Task 3.1.31 Notice of Potential Claims (NOPC)/Claims Resolution TYLI's Resident Engineer shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. TYLI's Resident Engineer shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, and fighting protests, potential claims, and claims. Proper documentation will be created to establish a chain of events in the claims process. Task 3.1.32 Create and Ensure Compliance to Punchlists TYLI's Resident Engineer and Inspector shall create punchlists throughout the construction process after each item of work is complete. Punchlists shall include items that need to be corrected or amended. TYLI's Inspector shall meet with Contractor's personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the Weekly Construction Progress Meetings. Task 3.1.33 As -Built Project Schedule TYLI's Resident Engineer and Inspector shall maintain an as -built project schedule to assist in disputes and request for time due to impacts. Task 3.1.34 Record Drawings TYLI's Inspector shall maintain a copy of 'red -mark' plans in the trailer at all times to track changes to the contract plans, additions and deletions through CCC's, utilities that were incorrectly identified, and additional items that must be identified on the final record drawings. Task 3.1.35 Perform Quality Assurance of CIDH Piles TYLI's subconsultant shall provide Gamma -Gamma logging (GGL) of the 24" and 10' diameter CIDH Piles and provide appropriate report(s) to ascertain the homogeneity of the concrete within the piles. Task 3.1.36 Maintain TYLI Training Program TYLI Resident Engineer shall maintain TYLI's CM training program during the construction of Adams Street Bridge. This shall include recertification of traffic control, confined space, fall protection, and trenching/shoring safety classes. Training shall also include latest updates to LAPM and CPM scheduling software. TYLI shall invite City of La Quinta and other interested agencies to training. Task 4.0 POST -CONSTRUCTION SERVICES -PROJECT CLOSE-OUT TYLI will perform all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in Caltrans Local Assistance Procedures Manual. The following is a brief description of some of the major aspects of this work: 0178 EXHIBIT A Task 4.1 Correction and Completion of Work TYLI's Resident Engineer and Inspector will coordinate the correction and completion of all work on the project. Deliverable: TYLI's Resident Engineer shall submit a list of items that remain for correction. TYLI's Resident Engineer shall monitor the completion of this work and provide updates to the City. Task 4.2 Substantial Completion TYLI's Resident Engineer shall assist the City in determining when the Project, or a designated portion thereof, is substantially complete. Deliverable., TYLI's Resident Engineer shall prepare for the City a summary of the status of the work of the Contractor, listing changes in the previously issued certificates of substantial completion of the work. TYLI's Resident Engineer will recommend times within which the Contractor shall complete items on their certificate of substantial completion of work. Task 4.3 Item Close -Out TYLI's Resident Engineer and Inspector shall close out and balance all contract items. Item overruns and underruns will be resolved with the Contractor. Contract Change Orders to adjust item prices will be created, if necessary. Deliverable: TYLI's Resident Engineer shall submit a list of item overruns and underruns to the City. TYLI's Resident Engineer shall submit a CCO for approval by the City, as necessary, to adjust item prices. Task 4.4 Claims Report TYLI's Resident Engineer shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in accordance with Section 2-70 "Protests, Potential Claims, and Claims," of the Caltrans Construction Manual, TYLI's Resident Engineer will endeavor to avoid claims during construction. If claims are not avoided, TYLI's Resident Engineer will focus on resolving any and all claims prior to completion of the project. Deliverable: TYLI's Resident Engineer shall submit a claims report for each claim for review by the City and Caltrans. Task 4.5 Proposed Final Estimate TYLI's Resident Engineer shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims. Deliverable: TYLI's Resident Engineer shall submit a Proposed Final Estimate to the Contractor for acceptance. Resident Engineer shall submit a Proposed Final Estimate to the City and Caltrans. Task 4.6 Project Report TYLI's Resident Engineer shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all Contract Change Orders, a list of Construction Claims and the result of each after resolution, and a photo documentary of construction. Deliverable: TYLI Resident Engineer shall submit a Project Report to the City. 0179 EXHIBIT A Task 4.7 Coordinate the Transition of Project to City Maintenance TYLI's Resident Engineer will coordinate the transition of the project over to City maintenance personnel. Deliverable: TYLI Resident Engineer shall provide a list of manuals and catalogs to City Maintenance personnel. TYLI's Resident Engineer shall invite City Maintenance personnel to final walk-through meetings and weekly progress meetings as the project nears completion. Task 4.8 Record Drawings TYLI's Resident Engineer and original structure designer shall prepare a set of original structure tracings with as -built corrections in accordance with Chapter 17 of Caltrans LAPM. As -Built plans for roadway items shall be in accordance with City standards. Deliverable: TYLI Resident Engineer shall submit Record Drawings for the Structure to the City and Caltrans. TYLI Resident Engineer shall submit roadway Record Drawings to the City. Task 5.0 SURVEY SERVICES TYLI's Sub -consultant for survey services shall provide surveying in accordance with the Caltrans Department of Transportation, Surveys Manual, Chapter 12 and in accordance with what is identified in the City of La Quinta RFP for the Adams Street Improvement Project. Sub -consultant for survey shall provide survey stakes for site preparation and to construct drainage, utility relocations, retaining and wingwalls, bridge, paving and slope lining. Sub -contractor shall also be available to Resident Engineer to assist, as -needed, for other miscellaneous surveying needs. Deliverable: Sub -consultant shall submit survey sheets to TYLI's Resident Engineer for review, approval, signature, and placement in the contract files. Task 6.0 MATERIALS TESTING AND INSPECTION SERVICES TYLI's Sub -consultant for materials testing and inspection services shall provide quality assurance inspection and testing of materials used in construction to verify Contractor's compliance with applicable standards, in accordance with the City of La Quinta's Quality Assurance Plan (QAP), and Caltrans Construction Manual Chapter 3, "Control of Materials" and Chapter 6, "Sample Types and Frequencies." Deliverable: Sub -consultant shall submit test reports to TYLI's Resident Engineer for review, approval, signature, and placement in the contract files. Non -complying test results shall be brought to the Resident Engineer's attention immediately. Sub -consultant shall create spreadsheets to track testing frequencies, results, and retests (if necessary) to TYLI's Resident Engineer for review, approval, signature, and placement in the contract files. Sub -consultant shall track and document time allotted to retests. Task 7.0 BIOLOGICAL MONITORING TYLI's Sub -consultant for biological monitoring shall provide surveying (pre -construction) for burrowing owls that may be living in the project footprint. It is anticipated that the pre -construction survey will not find any burrowing owls. However, if owls burrowing are encountered, additional monitoring will be required during construction phase to ensure compliance with agency permits. Deliverable: Sub -consultant shall submit diaries to TYLI's Resident Engineer for review, approval, signature, and placement in the contract files. Actions of non-compliance shall be brought to the Resident Engineer's attention immediately. 0181 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum fixed fee not to exceed total compensation to be paid to Consultant under this Agreement is One Million, Two Hundred Ninety -Nine Thousand, Three Hundred Thirty -Three Dollars ($1,299,333.O0) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis and in an amount identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. Last revised I1-18-10 20 ,.'tr_ 0181 C 0182 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Staffing Plan Schedule, attached hereto and incorporated herein by this reference. Last revised I1-18-10 21 .N 0183 0 ■ WIN . ������m�� 111 HI�n��������������������m���un� . 1C CC1C C C®„9C,CC„C,C CC C CC C C All C CCiinC'�i �i'1' ,�Cn9C, ,B I MEN �CCC CCCCCCCCniC, i'iC'ii C n�CCCC CCICCCC CC'CCCCCCCCCCCC CC CCC'�'u'iCCC CCCCCCC CCCCCCCCCCCCCCCCCCCCC9 dCCCi'uCCC CCCC�BC„ �: 3 BCCCCCC''�CBCCCCCC� ��CCCCCCCC CCCCCCCC aiI s t I a�g i i t p t f 0184 Exhibit D SPECIAL REQUIREMENTS 1. The project is partially funded by highway Bridge Program funds administered through the California Department of Transportation (Caltrans). As such, the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal and/or State Funded Local Public Transportation Projects. 2. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, at seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3. Nonlobbying Certification For Federal -Aid Contracts. The prospective participant certifies by signing and submitting this proposal to the best of his or her knowledge and belief that: (A) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Last revised I1-18-10 22 0� $ S (B) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the language of this certification be included in all lower - tier subcontracts which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. 4. Debarment And Suspension Certification. TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Consultant's signature affixed to his proposal shall constitute a certification, under penalty of perjury, that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. 23 0f 8,6 Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 5. Conflict Of Interest. A. The CONSULTANT shall disclose any financial, business, or other relationship with The City of La Quinta that may have an impact upon the outcome of this contract, or any ensuing City of La Quinta construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City of la Quinta construction project, which will follow. B. 'The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this agreement. C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article. D. The CONSULTANT hereby certifies that neither the CONSULTANT, its employees, nor any firm affiliated with the CONSULTANT providing services on this project prepared the Plans, Specifications, and Estimates for any construction project included within this contract. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. E. The CONSULTANT further certifies that neither CONSULTANT, nor any firm affiliated with the CONSULTANT, will bid on any construction subcontracts included within the construction contract. Additionally, CONSULTANT certifies that no person working under this contract is also employed by the construction contractor for any project included within this contract. F. Except for subcontractors whose services are limited to materials testing, no subcontractor who is providing service on this contract shall have provided services on the design of any project included within this contract. 24 0181 6. Rebates, Kickbacks Or Other Unlawful Consideration. The CONSULTANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 7. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying. A. The CONSULTANT certifies to the best of his or her knowledge and belief that: i . No state, federal or local agency appropriated funds have been paid, or will be paid by -or -on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the CONSULTANT shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25 0188 C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such sub recipients shall certify and disclose accordingly. B. Safety. A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSULTANT shall comply with safety instructions issued by the LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. The CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. 9. Certifications. Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification' of Local Agency, are attached and a part of this Agreement. 26 0189 Local Assistance Procedures Manual EXHIBIT 10-F Certification of Consultant, Commissions & Fees Exhibit 10-F Certification of Consultant, Commissions & Fees CERTIFICATION OF CONSULTANT Consultant and duty authorized I HEREBY CERTIFY that I am the T.Y. Lin International whose address is representative of the firm of 404 Camino del Rio South, Suite 700, San Diego, CA 92108 , and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, foror in connection with, procuring or carrying out this agreement. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caitrans) in connection with this agreement involving participation of Federal -aid Highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) Mark Ashley, P.E. (Signature) Senior Vice President LPP 06-02 May 1, 2006 0190 Local Assistance Procedures Manual EXHIBIT 10-G Certification of Local Agency Exhibit 0-G Certification of Local Agency CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the of the (local agency) and that the consulting firm of ,or its representative has not been required (except as herein expressly stated), directly or indirectly, as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ, retain, agree to employ or retain, any firm or person, or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this Agreement involving participation of federal -aid highway funds, and is subject to applicable state and federal laws, both criminal and civil. (Date) (Signature) 0191 rags iv-Y' LPP 06-02 May 1, 2006 Consent Calendar 16 Attachments 2 through 6 are available for public view at the City Clerk Counter at La Quinta City Hall. 0192 Ta!t 4 4 a" COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of Purchase and Sale Agreements and Adoption of a Resolution Making Findings Pursuant to Health and Safety Code Section 33445 Approving the Expenditure of Agency Funds for the Acquisition of Land Identified as APNs: 770-123- 002,003,004-Virginia Evans Garbutt; 770-123- 006,010-NIS Yield Partners, LP, Ted Newell; 770-124- 002,003-James Kelly; 770-124-009-Nispero Prop, Bob Hill; and 770-124-007-Michael A. Fischer RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving the Purchase and Sale Agreements, subject to minor modifications approved by the City Manager, making findings pursuant to Health and Safety Code Section 33445, and consenting to the Agency funding of the acquisition of land. FISCAL IMPLICATIONS: The Agency will expend approximately $3,869,000 plus closing costs to acquire the properties listed above. Four of the Purchase and Sale Agreements have been signed by the property owners. The Fischer property is in foreclosure and the Purchase and Sale Agreement is pending lender approval. Adequate funds are budgeted in the 2010- 2011 Capital Improvement Program, account number 401-1845-551-74-01. Property Owner Offer Virginia Garbutt $1,059,000 NIS Yield Partners $993,000 Nispero Prop $847,000 James Kelly $635,000 Michael Fisher $335,000 TOTAL $3,869,000.00 0193 BACKGROUND AND OVERVIEW: The City Council has directed staff to pursue the purchase of various properties in the Village which could improve public access to and within the Village. The above listed properties are located west of the Library and are depicted in Attachment 1. All of the property owners are willing to sell their properties to the Agency. The Purchase and Sale Agreements are included as Attachments 2 through 6 for City Council consideration. Each Agreement contains an Addendum that the offer is dependent upon the availability of Agency funds to complete the purchase. Staff added this Addendum due to the potential State actions affecting redevelopment agencies. Should the funds not be available to acquire the parcels, the sales will be terminated. It should be noted the Fischer property is in foreclosure and the Purchase and Sale Agreement has not yet been approved by the lender. However, staff is requesting authorization for the City Manager to execute the Agreement once the lender has approved the sale. Pursuant to Health and Safety Code Section 33445, the Agency may fund the cost to acquire land and construct public improvements if the City Council and Agency Board make certain findings that support this expenditure, and if the City Council consents to having the Agency expend these funds. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution of the City Council approving the Purchase and Sale Agreements subject to minor modifications approved by the City Manager, making findings pursuant to Health and Safety Code Section 33445, and consenting to the Agency funding of the acquisition of land; or 2. Do not adopt a Resolution of the City Council approving the Purchase and Sale Agreements, consenting to the Agency funding of the acquisition of land; or 3. Provide staff with alternative direction. bmitted, Douglas `R. EY''ans Assistant City Manager — Development Services 0194 Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Property Location Map 2. Garbutt Purchase and Sale Agreement 3. NIS Yield Partners Purchase and Sale Agreement 4. Nispero Properties Purchase and Sale Agreement 5. Kelly Purchase and Sale Agreement 6. Fischer Purchase and Sale Agreement 01g5 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF LA QUINTA, APPROVING PURCHASE AND SALE AGREEMENTS BY THE LA QUINTA REDEVELOPMENT AGENCY AND FIVE PROPERTY OWNERS, CONSENTING TO THE EXPENDITURE OF FUNDS BY THE AGENCY TO ACQUIRE CERTAIN REAL PROPERTY, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE WHEREAS, the La Quinta Redevelopment Agency ("Agency') is a redevelop- ment agency organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta ("City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ("Redevelopment Plan") for La Quinta Project Area No. 1 ("Project Area") on November 29, 1983, by Ordinance No. 43; and WHEREAS, Agency staff have negotiated purchase and sale agreements (collectively, the "Agreements") with five (5) independent owners of residential real property located in the Village area of the City (collectively, the "Properties") for future public parking and/or road realignment purposes (collectively, the "Infrastructure Improvements'), to facilitate access to the Village; and WHEREAS, the Properties are located within the Project Area; and WHEREAS, the Agreements would provide for the Agency's expenditure of Three Million Eight Hundred Sixty -Nine Dollars ($3,869,000) plus closing costs to acquire the Properties; WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the CRL authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, the Agreements are in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the Agency's financial contribution pursuant to the Agreements is necessary to effectuate the purposes of the Redevelopment Plan; 0196 Resolution No. 2011- Village Property P&S Agreements Adopted: March 15, 2011 Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council of the City of La Quinta finds and determines that: A. The acquisition of publicly owned land pursuant to the Agreements for the future development of the Infrastructure Improvements is of benefit to the Project Area, by helping to eliminate blight within the Project Area, in that the Infrastructure Improvements consist of public infrastructure improvements, and the Redevelopment Plan provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re -construction of streets, utilities, and other public facilities and improvements. B. No other reasonable means of financing the Infrastructure Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Infrastructure Improvements is to use Agency funding; (iii) without Agency funding for the Infrastructure Improvements, the Infrastructure Improvements would not be completed, all to the detriment of the Project Area. C. The Infrastructure Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 ("Implementation Plan"), in that improving public infrastructure and facilities within the Project Area are goals set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Properties for future development with the Infrastructure Improvements is necessary to effectuate the purposes of the Redevelopment Plan and is in the best interests of the City of La Quinta. SECTION 4. The Agreements are hereby approved. The City Council directs its City Manager to make final modifications to the Agreements that are consistent with the substantive terms of the Agreements approved hereby, and to thereafter sign the Agreements on behalf of the City. SECTION 5. The City Council directs its City Manager to (i) sign such other and further documents that require the City's signature, and (ii) take such other and further actions as may be necessary and proper to carry out the terms of the Agreements. 0197 Resolution No. 2011- Village Property P&S Agreements Adopted: March 15, 2011 Page 3 SECTION 6. The City Manager is authorized to accept the conveyances of the Properties, and to take such other actions and execute such other documents as may be necessary to implement and effect this Resolution on behalf of the City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March, 2011, by the following vote to wit: AYES: NOES: ABSENT: GT-3 i1 ►A DON ADOLPH, Mayor City of La Quinta ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 0198 CACHMENT 1 DISCLOSURE REGARDING ATTACHMENT 2 4\ C A L I F O R N I A REAL ESTATE AGENCY RELATIONSHIP ® ASSOCIATION (Selling Firm to Buyer) OF R E A L T O R S 04 (As required by the Civil Code) (C.A.R. Form AD, Revised 11109) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Sellers agent under a listing agreement with the Seller acts as the agent for the Seller only. A Sellers agent or a subagent of that agent has the following affirmative obligations: To the Seller. A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seiler. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyers Consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Sellers agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duly to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The lawrequires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079. 4. Inclusive, of the Civil Code set forth on page 2. Read it carefully. IIWE ACKNOWLEDGE RECEIPT OF A CO FIS DISCLOSU AN E PORTIONS OF THE CIVIL COIJE PRINTED ON THE BACK (OR A SEPARATE PAGE). ® Buyer ❑ Seller ❑ Landlord ❑ Ten nt G� Date 03/07/2021 The City of La Quinta [I P (-aPr/oV�J [IBuyer ❑Seller ❑landlord ❑Tenant Ctrs MArVAIFF2 Date Agent By _ DIRE Lic. # 00915271 DRE Lic. # SAME Date 0310712011 AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14); • When the listing brokerage company also represents Buyer7Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant. • When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (1) the Listing Agent shall have one AD form signed by Seller/Landlord and (it) the Buyer's/Tenant's Agent shall have one AD forth signed by Buyer/Tenant and either that same or a different AD form presen d to Seller/Landl� for signature p for to oryssntation of the offer. If the same form is used, Seller may sign here: E.....a. l //l SellertL for -Date a at andlord Date .--- whin. nr env other Aar The copyright laws of the united Stares I hue i r ua. �- Immo u,< v„•,.,�1-1----•-^ - - - -- - including facsimile or computerized formals. Copyright V t 1-2009, CALIFORNIA ASSOCIATION OF REALTORS(i FNC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate Industry. II is not intended to Identity the user as a REALTOR& REALTORO is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: �a REAL ESTATE BUSINESS SERVICES. INC. a subsibiaryorthe Cali A=afmn ofREALTORSO 1121 5259WIn Virgil Avenue, Los Angeles, California 90020 Reviewedby Date r1aa,Mm,0 Np"TONITV AD REVISED 11109 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP,(AD PAGE 1 OF 2) Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.664.0344 Prepared using zlpFormS software Broker: La Quinta Palms Real Estate Co 51-001 Eisenhower Drive La Quinta , CA 92253 02r'0 CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who Is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the brokers supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer" means a Transferee in a real property transaction, and includes a person who executes an offer to purchase real Property from a seller through an agent, or who seeKs the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer' includes vendee or lessee. (d) "Dual agent" means an agent acting, either dlectly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement' means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (',Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (g) "Listing price" is the amount expressed In dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (h) "Offering pace" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the contract For the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of pproperty exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (I) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, Transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property transaction, and includes an owner who lists real propertwith an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. I "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who Is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified to Section 2079,16, and, except as provided in subdivision (c), shall obtain a signed acknowledggement of receipt from that seller or buyer, except as provided in this section or Section 2079,15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a . (c) Where the selling agant does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller `and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 7 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting In the real property transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relatlonehlt shall be confirmed in the contract to purchase and sell real property or In a separate writing executed or acknowledged by the seller, the buyer, and the set ing agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the sellers agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real progeny or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be In the following form. -(DO NOT COMPLE7E,'3AMPLE'ONi is the agent of (check one): the seller exclusively; or both the buyer and seller. aMe 01 USU119 gent) NOTCOMPLETE'SAMF'LE,ONLV) a Is the agent of (check one): the buyer exclusively; or [I the seller exclusively; or (Name of Selling Agent if not the same as the Listing Agent) El both the buyer and seller. (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent In a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079A9 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. specificallypprohibitedthis by this article if the equirements of selecting, condition Sectionl 2079.17 agent's complied with. specific form of agency relationship not P Y 2079.21 A dual agant shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential Information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duly or a duty of disclosure. Buyers/Tenant's Initials (� ) ( ) Copyright V 1991-2009, CALIFORNIA ASSOCIATION OF REALTORSO. INC. 121 Sellars/Landlord Initials ( } (Va_ ) AD REVISED 11109 (PAGE 2 OF 2) Reviewed hY Date rpr' DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Carbon 0201 CALIFORNIA VACANT LAND PURCHASE AGREEMENT A ASSOCIATION AND JOINT ESCROW INSTRUCTIONS ,�� Of R E A L T O R S& (C.A.R. Form VLPA, Revised 4110) Date March 7, 2011 1. OFFER: A. THIS IS AN OFFER FROM The Citv of La Ouinta ("Buyer'). B. THE REAL PROPERTY TO BE ACQUIRED is described as zot:s 62 63 6 64 Mb 021Z060 Desert Club Tr Unit 4 , Assessors Parcel No(s). 770-123-002 364 situated in La Ouireta , County of Riverside , California, ("Property"). C. THE PURCHASE PRICE offered is One Killion, Fif -Nine Thousand (Dollars $ 1 .059. 000. 00 ). D. CLOSE OF ESCROW shall occur on (dale) (or® 30 Days After Acceptance). 2. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seiler each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Setter may also represent other sellers with competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent La Oui to Palms Real tv — (Print Finn Name) is the agent of (check one): ❑ the Seller exclusively; or M both the Buyer and Seller. Selling Agent I O,_' t PalReal ty - (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ® both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of .......................................... $ 5, 000. 00 (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds transfer, ❑ Other within 3 business days after acceptance (or ❑ Other )' OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (or ❑ into Broker's trust account) within 3 business days after Acceptance (or ❑ Other )' B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or❑ C. LOAN(S) (1) FIRST LOAN in the amount of .................................. .... .... $ This loan will be conventional financing or, if checked, ❑ FHA, ❑ VA, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount, (2) ❑ SECOND LOAN in the amount of............................................................$ This loan will be conventional financing or, if checked, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form FAA), ❑ Other . This loan shall be at a fixed rate not to exceed %or,❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. D. ADDITIONAL FINANCING TERMS: ne Fhl r Agraes t rat h t� to — $ affect a Tax Deferzed Exchanoe under section 2031 of the SRS Code at no cost oz liability to the Bu r - E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of ................................. $ 1, 054, 000. 00 to be deposited with Escrow Holder within sufficient time to close escrow. F. PURCHAS �pp//g�(TOTAL); ..................................................... $ 1,059,000.00 Buyer's Initials ( ) ( ) Seller's Initials (�) ( ) The copyright laws oft United Stales (Title 17 U.S. Code) forbid the unauthodced reproduction of "S corm, or any, ponim thereof, by ph010dbp) machine or any other [ouuxauswc means, induding fecaimile or mmpuiedaed tamale. Copyright 0 19952010, Reviewed by Date 0se0ueplrY CALIFORNIA ASSOCIATION OF REALTORSS, INC. ALL RIGHTS RESERVED. VLPA REVISED 4110 (PAGE 1 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10) Agent: Bruce Cathcart Phone: 760.664.4104 Fax: 760.864.0344 Prepared using zipForm® software Broker: La Quints Palms Real Estate Cc 51.001 Eisenhower Drive La Quints , CA 92253 •.e11. 0002 Property: Lots 62 63 c 64 h]b 021IQ601 Desert Club Tr Unit 4 Date: March 7 2011 G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 3H(1)) shall, within 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (If checked, ❑ verification attached.) H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or❑ j Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker stating that, based on a review of Buyers written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in 3C above. (If checked ❑ letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s), Obtaining the loan(s) specified above Is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: (i) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing remove the loan contingency or cancel this Agreement; OR (if) if checked) ❑ the loan contingency shall remain in effect until the designated loans are funded. (4) ® NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan contingency- Buyers removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 19B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 19B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance. J. 0 ALL CASH OFFER (If checked): Buyer shall, within 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to close this transaction. (If checked ❑ verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyer's representation of the type of financing specified (including but not limited to, as applicable, amount of down payment, contingent or non contingent loan, or all cash). If Buyer seeks alternate financing, (i) Seller has no obligation to cooperate with Buyer's efforts to obtain such financing, and (it) Buyer shall also pursue the financing method specified in this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. L. SELLER FINANCING: The following terms (or ❑ (if checked) the terms specified in the attached Seller Financing Addendum (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this Agreement. (1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyers expense, a copy of Buyers credit report. Within 7 (or ❑ ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyers promissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (1) the maximum interest rate specified in paragraph 3C shall be the actual fixed interest rate for Seller financing; (11) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; ((it) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time B requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Setters option, upon the sale or transfer of the Property or any Interest in it; (v) note shall contain a late charge of 6% of the installment due (or[—] ) if the installment is not received within 10 days of the date due; (vi) title insurance coverage in the form of a joint protection policy shall be provided insuring Sellers deed of trust interest in the Property (any increased cost over owners policy shall be paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer to notify Setter if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Seller's written consent. Seller may grant or withhold consent in Sellers sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyers expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seiler represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 19, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 19B(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyers assumption of an existing loan may not release Seller from liability on that loan. If this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified in writing, this paragraph only determines who is to pay for the inspection, test or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. A- INSPECTIONS AND REPORTS: (1) ❑ Buyer ❑ Seller shall pay to have existing septic or private sewage disposal system, if any, inspected (2) ❑ Buyer ❑ Seller shall pay for costs of testing to determine the suitability of soil for sewage disposal (3) ❑ Buyer ❑ Seller shall pay to have existing wells, if any, tested for water potability and productivity Buyers Initials (�) ( ) Setters Initials ( ��r ) ( ) Copynght 01996-2010, CALIFORNIA ASSOCIATION OF REALTORSS. INC. Reviewed by Date ao o VLPA REVISED 4/10 (PAGE 2 OF 10) RTOWITY VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 10) Garbutt 0203 Property: Lots 62 63 a 64 Mb 0211060 D t Club Tr Unit 4 Data: March 7, 2011 (4) ❑ Buyer ❑ Seller shall pay to have Property corners identified (5) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclosure report prepared by (6) ❑ Buyer ❑ Seller shall pay for the following inspection of report (7) ❑ Buyer ❑ Seller shall pay for the following inspection or report B. ESCROW AND TITLE: (1) ® Buyer ® Seller shall pay escrow fee v' ch ro gAy their fags Escrow Holder shall be Four Seasons Escrow (2) ❑ Buyer ® Seller shall pay for owner's title insurance policy specified in paragraph 15E Owner's title policy to be issued by Fide , t:y Title (Buyer shall pay for any title insurance policy insuring Buyer's Lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) ❑ Buyer ® Seller shall pay County transfer tax or transfer fee (2) ❑ Buyer ❑ Seller shall pay City transfer tax or transfer fee (3) ❑ Buyer ❑ Seiler shall pay Homeowners' Association ("HOA") transfer fees (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) ❑ Buyer ❑ Seller shall pay for (6) ❑ Buyer ❑ Seller shall pay for 5. POSSESSION AND KEYS: Possession shall be delivered to Buyer at 5PM or 10,00 ® AM ❑ PM, ❑ on the date of Close Of Escrow; ❑ on : or❑ no laterthan Days After Close Of Escrow. The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks. If Property is located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 6. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 19, deliver to Buyer if required by Law: (i) earthquake guides (and questionnaire) and environmental hazards booklet; (II) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. B. WITHHOLDING TAXES: Within the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyers inspection contingency period. Brokers do not have expertise in this area. 7. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified in paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property Is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200-51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property Is In, or adjacent to, an area with Right to Farm rights (Civil Code §3482.5 and §3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened, 'candidate' species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTSIENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non -conforming uses, or violations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 19, Seller shall make available to Buyer for inspection and review, all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. C. ❑ TENANT ESTOPPEL CERTIFICATES: (If checked) Within the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Sellers agent, and signed by tenants, acknowledging: (1) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (it) that no lessor defaults exist; and (III) stating the amount of any prepaid rent or security deposit. D. MELLO-ROOS TAX; 1916 BOND ACT: Within the time specified in paragraph 19, Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, If allowed, substantially equivalent notice), pursuant to the Mello -Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly deliver to Buyer any such notice obtained. /\ Buyer's Initials ( )(—) Sellers Initials (�j�-y! )(—) T T Copyright® 1996-2010, CALIFORNIA ASSOCIATION OF REALTORSV, INC. ' Reviewed by Date u■ieaa—tue�rrry VLPA REVISED 4110 (PAGE 3 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 10) Garbutt 0`.,4 Property: Lots 62, 63, a 64, hfb 021Z060 Desert Club Tr Unit 4 Date: March 7, 2011 8. CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). B. If the Property is a condominium, or located in a planned unit development or other common interest subdivision, Seller has3 (or Days After Acceptance to request from the HOA (C.A.R. Form HOA): (1) Copies of any documents required by Law; (II) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures") and (vi) the following if Seller has actual knowledge: (a) any material defects in the condition of common area (such as pools, tennis courts, walkways or other areas co -owned In undivided interest with other); and (b) possible lack of compliance with HOA requirements. Seller shall itemize and Deliver to. Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). 9. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, Information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material Inaccuracies disclosed In reports ordered and paid for by Buyer. 10. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyers rights in paragraph 19: (f) rent or lease any part of the premises; (it) alter, modify or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or(iv) change the status of the condition of the Property. B. At least 7 (or ❑ ) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. 11. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included In the purchase price or excluded from the sale unless specified in 11 B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: (3) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller warranty. C. ITEMS EXCLUDED FROM SALE: 12. CONDITION OF PROPERTY: Unless otherwise agreed: (I) the Property is sold (a) in its PRESENT physical ("as -Is") condition as of the date of Acceptance and (b) subject to Buyer Investigation rights; (It) the Property is to be maintained in substantially the same condition as of the date of Acceptance and (ill) ❑ (If checked) All debris and personal property not included in the sale shall be removed by Seller by Close Of Escrow. A. SELLER SHALL, within the time specified in paragraph 19, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AFFECTING THE PROPERTY AND MAKE ALL OTHER DISCLOSURES REQUIRED BY LAW. B. Buyer has the right to inspect the Property and, as specified in paragraph 1913, based upon information discovered in those inspections: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine Its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers Important. Property improvements may not be built according to code, In compliance with current Law, or have had permits issued. 13. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified In this paragraph and paragraph 19B. Within the time specified in paragraph 19B(1), Buyer shall have the right, at Buyers expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (1) inspect for lead -based paint and other lead -based paint hazards; (ll) inspect for wood destroying pests and organisms; (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyers Inspection Advisory (C.A.R. Form BIA), Without Sellers prior written consent, Buyer shall neither make nor cause to be made: (i) Invasive or destructive Buyer Investigations; or (if) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seiler shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified In paragraph 195, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (it) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of liens; (II) repair all damage arising from Buyer Investigations; and (lit) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyers direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Forth NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. Buyer's Initials ( �= ) ( Setters Initials ( _05- ) ( Copyright ®1996-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. VLPA REVISED 4/10 (PAGE 4 OF 10) Reviewed by Date VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 10) 1121 rouueo M oaaorrmnrr Garbutt 0205 Property: Lots 62, 63, 6 64, Mb 0211060 Desert Club Tr Unit d Date: March 7, 2011 BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 13, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyers intended use of the Property.) G. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. I. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area Conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§51200-51295), Right To Farm Laws (Civil Code §3482.5 and §3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless Internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915. O. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 14. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 19A, complete and provide Buyer with a: LJ Seller Vacant Land Questionaire (C.A.R. Form VLQ) B. Form C. Advisories Form Addendum Statewide D. Other Terms: The structure located on Lot 64 is currently vacant and will remain vacant through the close of escrow. The Buver intends to raze the structure and it is considered of no value. Buyers Initials ( ) ( ) Sellers Initials Y4;_ Copyright 01996-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. rwu xouswc VLPA REVISED 4110 (PAGE 5 OF 10) Reviewed Dy Date OVYORTUHlY VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 10) Garbutt 0206 Property: Lots 62 63, 4 64, Mb 0211060 Desert Club Tr Unit 4 Date: March 71 2011 15. TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 198. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (11) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19. Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL, E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, survey requirements, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost 16. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. ❑ (If checked) The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 17, ❑ MANUFACTURED HOME PURCHASE (If checked): The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (OR, if checked, ❑ this contingency shall remain in effect until the Close Of Escrow of the Property). 18. ❑ CONSTRUCTION LOAN FINANCING (If checked): The purchase of the Property is contingent upon Buyer obtaining a construction loan. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement (or, if checked, this contingency shall remain in effect until Close Of Escrow of the Property). 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or❑ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 3M, 4, 6A and B, 7, 8A, 12A, 14A and B, and 15. Buyer may give Seller a Notice to Seller to Perform (C.A.R. Form NSP) if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ❑ ) Days After Acceptance, unless otherwise agreed in writing, to complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all other matters affecting the Property (including lead -based paint and lead -based paint hazards as well as other information specified in paragraph 6 and insurability of Buyer and the Property). (2) Within the time specified In 19B(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyers requests. (3) Within the time specified in 19B(1) (or as otherwise specified in this Agreement), Buyer shall, Deliver to Seller either (i) a removal of the applicable contingency (C.A.R. Form CR), or (it) a cancellation (C.A.R. Form CC) of this Agreement based upon a remaining contingency or Seller's failure to Deliver the specified items.. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in 19A, then Buyer has 5 (or ❑ ) Days After Delivery of any such items, or the time specified in 198(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 19B(1) and before Seller cancels this Agreement, if at all, pursuant to 19C, Buyer retains the right to either (i) In writing remove remaining contingencies, or (ii) Cancel this Agreement based upon a remaining contingency or Sellers failure to Deliver the specked items. Once Buyers written removal of all contingencies Is Delivered to Seller, Seller may not cancel this Agreement pursuant to 19C(i). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, within the time specified in this Agreement, Buyer does not, in writing, Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R, Form NSP) may cancel this Agreement. In such event, Seiler shall authorize return of Buyers deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seiler, after first Delivering to Buyer a NBP may Cancel this Agreement for any of the following reasons: (i) if Buyer fails to deposit funds as required by 3A or 3B; (it) if the funds deposited pursuant to 3A or 3B are not good when deposited; (lit) if Buyer fails to Deliver a letter as required by 3H; (iv) if Buyer fails to Deliver verification as required by 3G or 3J; or (v) if Seller reasonably disapproves of the verification provided by 3G or 3.1 or the credit report or supporting documentation pursuant to 3M. In such event, Seller shall authorize return of Buyers deposit, (3) Notice To Buyer To Perform: The NBP shall: (1) be in writing; (11) be signed by Seller; and (fit) give Buyer at least 2 (or ❑ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 19C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that contingency or Cancellation right conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures; (if) elected to proceed with the transaction; and (III) assumed all liability, responsibility and expense for Repairs or corrections or for inability to obtain fiitancin Buyer's Initials ( ) ( ) Sellers Initials Copyright®1996-2010. CALIFORNIA ASSOCIATION OF REALTORSS, INC. r�.4M0 Y VLPA REVISED 4/10 (PAGE 6 OF 10) Reviewed by Date orvoarwirtr VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 10) Garbutt �20 % Property: lots 62, 63, 5 64, 146 0211060 Desert Club Tr.Unit 4 Date: March 7 2011 E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first give the other a demand to close escrow (C.A.R. Form DCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release Instructions from Buyer and Seller, judicial decision or arbitration award. 20. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (1) the Property is maintained pursuant to paragraph 12; (if) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. FORM VP). 21. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (if) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (Ili) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 22. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are a current lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are a current lien but not yet due. The Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (1) for periods after Close Of Escrow, by Buyer; and (if) for periods prior to Close Of Escrow, by Seller. See C.A.R.Form SPT or SBSA for further information. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICEIPROPERTY DATA SYSTEM; If Broker is a participant of a Multiple Listing Service ("MLS") or Property Data System ("POS"), Broker is authorized to report to the MLS or PDS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be produced to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS or PDS. 25, EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 26. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 31A. 27. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. D. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. E. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not Include any Saturday, Sunday, or legal holiday and shall instead be the next Day. F. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. G. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Deliver', "Delivered" or "Delivery", regardless of the method used (i.e. messenger, mail, email, fax, other), means and shall be effective upon (1) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page 8; OR f i) if checked, ❑ per the attached addendum (C.A.R. Form RON). I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other party. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 28. BROKERS: A. BROKER COMPENSATION Seller or Buyer, or both, as applicable; agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. Buyers Initials ( - " ) Sellers Initials 121 Copyright 0199e-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. EMNAM VLPA REVISED 4110 (PAGE 7 OF 10) Reviewed by Date 011Mue11r VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 10) Garbutt 0208 Property: Lots 62, 63, 6 64, Mb 0211060 Desert Club Tr Unit 4 Date: Mazch 7, 2011 B. SCOPE OF BROKER DUTY: Buyer and Seller acknowledge and agree that: Brokers: (1) do not decide what price Buyer should pay or Seller should accept; (it) do not guarantee the condition of the Property; (ill) do not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) shall not be responsible for identifying defects that are not known to Broker(s); (v) shall not be responsible for inspecting public records or permits concerning the title or use of the Property; (vi) shall not be responsible for identifying location of boundary lines or other items affecting title; (vil) shall not be responsible for verifying square footage, representations of others or information contained in inspection reports, MLS or PDS, advertisements, flyers or other promotional material, unless otherwise agreed in writing; (viii) shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller in the course of this representation; and (ix) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 29. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 3, 4, 66, 14B and D, 15, 168, 17, 18, 19F, 22, 27, 28A, 29, 33, 35, and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 28A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out of Buyers or Sellers funds, or both, as applicable, the respective Brokers compensation provided for in such agreement(s). The terms and conditions of this Agreement not specifically referenced above in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ❑ ). Escrow Holder shall provide Sellers Statement of Information to Title company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 28A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specked in paragraph 28A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. Escrow Holder shall immediately notify Brokers: (1) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or(fl) if either Buyer or Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 30. LIQUIDATED DAMAGES: If Buyer falls to complete this purchase because of Buyers default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that It Is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyeral(nd Seller, judicial decision or arbitration award. Buyer's Initials /<---/ Seller's Initials l/G- ! 31. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, .any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 31C. B. ARBITRATION OF DISPUTES: Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 31C. Buyers Initials ( V�) ( Sellers Initials ( � ) ( Copyright 01996.2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. VLPA REVISED 4110 (PAGE 8 OF 10) Reviewed by Date VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 10) 4WMr�UN11Y Garbutt 0209 Property: Lots 62, 63, s 64, r9> 0211060 Desert Club Tr Unit 4 Date:March 7, 2011 "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY," "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBIATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer's Initials / Seller's Initials G / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (i) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (11) an unlawful detainer action; (ill) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated or compelled to mediate or arbitrate unless they agree to do so In writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to the Agreement. 32. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all parties or if incorporated by mutual agreement in a counter offeror addendum. If at least one but not all parties initial such paragraph(s), a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 33. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the laws of the State of Califomla. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except In writing Signed by Buyer and Seller. 34. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by La Ouinta Palms Realty who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or, if checked, ❑ by ❑ AM ❑ PM, on (date)). Buyer has read and acknowledges receip!,pf_qZopy of the offer and agrees to the above confirmation of agency relationships. Data 03/07/ 11 Date BUYER 1�J21w/ Zt�'LG�L�. BUYER che See Attad,Si;mature > vi�f�. —�evr jvg5e (Print name)' 17yMANA(��/((Print name) P,0. Box 15041_ La_.Ouinta CA. 9225-3 (Address) ❑ Additional Signature Addendum attached (C.A.R. Form ASA) 35. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form CO) DATED: Date r ��) epra Date SELLER ...LGCJ Gx�f/ ��w+.,.n/ DY�� SELLER Virginians Garbutt (Print name) (Print name) 45073 Tomlin F?ay,, India CA. 92201 7arre-8s) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). ( / )Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized agent (Initials) on (date) at AME] PM. A binding Agreement is created when a Copy of Signed Acceptance Is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation Is not legally required in order to create a binding Agreement; It Is �fy intended to evidence the date that Confirmation of Acceptance has occurred. Buyer's Initials () ( ) Seller's Initials () ( ) CopyrightO 199&2010, CALIFORNIA ASSOCIATION OF REALTORSS, INC. VLPA REVISED 4/10 (PAGE 9 OF 10) Reviewed by Date orrarrrwrr VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 10) Garbutt 0210 Property: Lots 62, 63, 6 64, Mb 0211060 Desert Club Tr Unit 4 Date:March 7, 2011 REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2., C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (I) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or(ii) ❑ (if checked) the amount specified in a separate written agreement (C,A.R. Form CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an xemption exists. Rea to Broker ( I F m) La Ouinta Palms Realty DIRE Lic. # 00915271 By % S% R Cathcart DRE Lic. # SAME Date 0310712011 Address 51002 Easa ower Dr. City La Ouinta State CA. Zip 92253 Telephone 760 564-410 _ Fax (760)564-0344 E-mail laouintaoalms@dc. rr. com Real,te Broker (L,ie(inq m) La oninta Palms Real tv ORE Lic.# 00915271 By 4�(/iLt, (- _� DRE Lic. # SAME Date 0310712011 Address 51001 Eise ower Dr. City La Ouinta State CA. Zip 92253 Telephone f760)564-4104 Fax (7601564-0344 E-mail laouintacalms@dc. rr. Coal ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked,❑ a deposit in the amount of $ ), counter offer(s) numbered ❑ Seller's Statement of Information and ❑ Other , and agrees to act as Escrow Holder subject to paragraph 29 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holders general provisions, if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail Escrow Holder is licensed by the California Department of Corporations,❑ Insurance,❑ Real Estate. License # PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER:(_ )(_ ) No counteroffer is being made. This offer was rejected by Seller on (date). Seller's Initials ®, Published and BUSINESS SERVICES, HiREAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORSO s 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date oaAAMSIWY VLPA REVISED 4/10 (PAGE 10 of 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 10) Garbun 7 11 4-41& CALIFORNIA � ASSOCIATION ADDENDUM � OF REALTORS® •� (C.A.R. Form ADM, Revised 10101) No. oxE The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental Agreement, ® Vacant Land Purchase Agreement, ❑ Residential Income Property Purchase Agreement, ❑ Commercial Property Purchase Agreement, ❑ other deposit less any charges jagurxed on their behalf by the Pile or Escrow Company and neither party shall have any further liability to the other in connection with this Agreement and the Escrow. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date March 7 0 1 52Date 2✓ �� ' // Buyerlrenant Seller/Landlord7/yifz9�ryd Pxa.-y The City of La Quin to �' DH1AS f? (�/rpvale Vi ginia Evans Garbutt Buyer/renant Seller/Landlord r� The copyright laws of the United Slates (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile orcomputenzed formats. Copyright®1986-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CA.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR& REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics. Published and Dieributed by: ESTATE REAL ESTATE BUSINESS SERVICES, INC. a subREAL Be SICalffmiaAssocialloofREOILTORSOSERVICES, Reviewed by _ ` a 5258oulh Virgil Avenue, Las Angeles, California 90020 Broker or Designee Date a uwvmw ADM-11 REVISED 10/01 (PAGE 1 OF 1) ovwaruwry ADDENDUM (ADM-11 PAGE 1 OF 1) Agent: Bruce Cathcart Phone: 760,564.4104 Fax: 760.564.0344 Prepared using zipForm® software Broker: La Quanta Palms Real Estate Co 51-001 Eisenhower Drive La Quinta , CA 92253 0212 Property Address: 4&? 70 — /Z3 — 002 110 -/z3 -005, 7 -70— 12 3 —00 �z IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney SELLER: BUYER: CITY OF LA QUINTA, a California municipal corporation and charter city rB%��(��� Thomas P. Genovese, City Manager [end of signatures] 267/015610-0046 0 213 1159981.01 a03/07/11 ATTACHMENT C A L I F O K N I A DISCLOSURE REGARDING ®� ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP ®9 (Selling Firm to Buyer) �� OF R E A L T O R S 4c (As required by the Civil Code) (C.A.R. Form AD, Revised 11/09) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care In performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. VINE ACKNOWLEDGE RECEIPT OF A C70,P11- F IS DISCLOS(1f!E A HE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). f// s,. r--1 _ //ill.,w AA Urn pu Buyeru Seller u Landlord u ,enant a datey1y11zylz oftyP T-r 4he CiLa Quints '' �� ❑ Buyer El Seller ❑ Landlord El Tenant �(,all/.ISy.G(u 20 Lc7(i� �/_ Date Agent La inta Palms Realty DRE Lic. #00915271 Real Estate Broker (Firm) By _ ORE Lic. # SAME Date 03/07/2011 (Sale person or Broker -Associate) &nice Cathcart AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14): • When the listing brokerage company also represents Buyerlrenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant, • When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Selledi-andlord and (II) the Buyer s�/Tenant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to nH. dd�� for stgrja)!gre /P1' top a tation of the offer, If the same form is used, Seller may sign here: $eler/Landlor l'C `—rLrI-- DateSeller/Landlord Date Nis Yield Partners The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright 01991-2009, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form Is available for use by the entire real estate industry. It Is not intended to Identify the user as a REALTORS. REALTORV is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. 8 SubSitli9ry effhe Califdnie ASSocierionofRFALTORShe f ` • $25 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Dale taw lrouuw AD REVISED 11/09 (PAGE 1 OF 2) arioRNN11Y DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Agent: Bruce Cathcart Phone: 760.664.4104 Fax: 760.564.0344 Prepared using zipFonn® software Broker: La Quinta Palms Real Estate Co 51-001 Eisenhower Drive La Quinta , CA 92253 0214 CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the rapacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the abject of entering into a real property transaction. "Buyer' includes vendee or lessee. (d) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (a) "Listing agreement' means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (q) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (h) Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the contract for the sale of the real property upon acceptance by the seller. 0) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property which constitutes or is Improved with one to four dwelling units, any leasehold in this type of proper[ y exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing of an offer to purchase. (1) "Sell, "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller' means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agant' means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (o) "Subagent" means a person to whom an agent delegates agency Powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who Is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16. and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presentingg the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (I ) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mall addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except thatif the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the 2079.15 in any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyers agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form, ' 4(06 NOT COMPLETE 4AMPLE ONLY) ;?. is the agent of (check one): ❑ the seller exclusively; or ❑ both the buyer and seller. (Name of Listing Agany (DO NOT COMPLETE;:SAMPLE ONLY)`, , :a is the agent of (check one): ❑ the buyer exclusively; or ❑ the seller exclusively; or (Name of Selling Agent if not the same as the Listing Agent) ❑ both the buyer and seller. (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission pall or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duly or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. Buyers7Tenant's Initials ( ),( ) CopyrightO 1991-2009, CALIFORNIA ASSOCIATION OF RFALTORSO, INC, Sellers/Landlord Initials ( - ).(t ) AD REVISED 11/09 (PAGE 2 OF 2) Reviewed by L Date neW410uurtv DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) NIS Yield Partners 0215 CALIFORNIA VACANT LAND PURCHASE AGREEMENT ASSOCIATION AND JOINT ESCROW INSTRUCTIONS Of R. E A L T O R S's' (C.A.R. Form VLPA, Revised 4110) ® 1, OFFER: rDate Mach 7 2011 A. THIS IS AN OFFER FROM The City of La Ouinta ("Buyer"). B. THE REAL PROPERTY TO BE ACQUIRED is described as .28 Acres M/L in Por Lot 65 and .48 Acres M/Lin Por Lot 66 Mb 0211060 Desert Club Tr Unit 4 .Assessor's Parcel No(s). 770-123-006. 01D situated in La Ouinta , County of Riverside , California, ("Property"). C. THE PURCHASE PRICE offered is Nine Hundred Ninety —Three Thousand (Dollars $ 993, 000, 00 ). D. CLOSE OF ESCROWshali occur on (date)(or0 30 Days After Acceptance). 2. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of Interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby Confirmed for this transaction: Listing Agent _ La OU[inta Palms Realty (Print Finn Name) is the agent of (check one): ❑ the Seller exclusively; or ® both the Buyer and Seller. Selling Agent _ La OuPa ar Realty (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ® both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. f? A. INITIAL DEPOSIT: Deposit shall be in the amount of .......................................... $ 5,000.00 L (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds trapsfer, ❑ Other within 3 business days after acceptance (or ❑ Other ); OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ ), made payable to The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (Oro into Broker's trust account) within 3 business days after Acceptance (or ❑ Other ). B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or[:] C. LOAN(S) (1) FIRST LOAN in the amount of ...................................................... $ This loan will be conventional financing or, If checked, ❑ FHA, ❑ VA, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) ❑ SECOND LOAN In the amount of............................................................$ This loan will be conventional financing or, if checked, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed rate not to exceed %or,❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. D. ADDITIONAL FINANCING TERMS: $ E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT In the amount of ................................. $ 988, 000. 00 to be deposited with Escrow Holder within sufficient time to close escrow. F. PURCHASE TALI: . . . ............... ......................... Buyer's Initials (=) ( ) $ Seller's Initials;,(;'•) ( 993, 000.00 ) The copyright laws of the United States (Title 17 U.S. Code) rarbid Ne unauthoread repredUplan of thla form, W any Portion INNax, by photol machine or any other means, Including racsimlln V wmpuledaed formals. Copyright 0 1996-2010, Reviewed by Date [auk Katnt CALIFORNIA ASSOCIATION OF REALTORSO,, INC. ALL RIGHTS RESERVED. 011'" eWty VLPA REVISED 4/10 (PAGE 1 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10) 021 Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.564.0344 Prepared using zipFonn® software Broker: La Qulnta Palms Real Estate Cc 51-001 Eisenhower Drive La Qulma , CA 92253 .28 Acres M/L in Poi Lot 65 and .48 Acres M/Lin Por Lot 66 Mb 0211060 Desert Date: March 7, 2011 Property: Club Tr nit 4 G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or loan broker pursuant to 3H(1)) shall, within 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyers down payment and closing costs. (If checked, ❑ verification attached.) H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or ❑ ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker staling that, based on a review of Buyer's written application and credit report, Buyer is prequailfied or preapproved for any NEW loan specified in 3C above. (If checked ❑ letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit, balance of down payment and closing costsare not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: (i) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing remove the loan contingency or cancel this Agreement; OR (it) if checked) ❑ the loan contingency shall remain in effect until the designated loans are funded. (4) ® NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyers deposit or other legal remedies. 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan contingency, Buyers removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 19B(3), in writing remove the appraisal contingency or cancel this Agreement within l7 (or ❑ ) Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 1913(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance- J. ® ALL CASH OFFER (If checked): Buyer shall, within 7 (orb ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to dose this transaction. (if checked ❑ verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyer's representation of the type of financing specified (including but not limited to, as applicable, amount of down payment, contingent or non contingent loan, or all cash). If Buyer seeks alternate financing, (i) Seller has no obligation to cooperate with Buyers efforts to obtain such financing, and (f) Buyer shall also pursue the financing method specified in this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. L. SELLER FINANCING: The following terms (or ❑ (if checked) the terms specified in the attached Seller Financing Addendum (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this Agreement. (1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyers expense, a copy of Buyers credit report. Within 7 (or ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyers promissory note, deed of trust and other documents as appropriate shall incorporate and Implement the following additional terms: (i) the maximum interest rate specified in paragraph 3C shall be the actual fixed interest rate for Seller financing; (It) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (tit) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Sellers option, upon the sale or transfer of the Property or any interest in it; (v) note shall contain a late charge of 6% of the installment due (or❑ ) if the installment is not received within 10 days of the date due; (vi) title insurance coverage In the form of a joint protection policy shall be provided insuring Sellers deed of trust interest in the Property (any increased cost over owners policy shall be paid by Buyer); and (vli) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Seller's written consent. Seller may grant or withhold consent in Sellers sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyers expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified in paragraph 19, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 196(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. If this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified in writing, this paragraph only determines who is to pay for the inspection, test or service ("Report") mentioned; it does not determine who Is to pay for any work recommended or Identified in the ReporL A. INSPECTIONS AND REPORTS: (1) ❑ Buyer ❑ Seiler shall pay to have existing septic or private sewage disposal system, if any, inspected (2) ❑ Buyer ❑ Seller shall pay for costs of testing to determine the suitability of soil for sewage disposal (3) ❑ Buyer Q Seller shall pay to have existing wells. If any, tested for water potability and productivity O ( ) Buyer's Initials Sellers Initials (( ) Copyright ®1996-2010, CALIFORNIA ASSOCIATION OF REALTORSO. INC. .114.40y Reviewed by Date VLPA REVISED 4/10 (PAGE 2 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 10) 0.917 .28 Acres NIL in Poi Lot 65 and .48 ACZes M/Lin Per Lot 66 146b 0211060 Desert Date: March 7, 2011 Property: q7ub 2r Unit 4 (4) ❑ Buyer ❑ Seller shall pay to have Property corners identified (5) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclosure report prepared by (6) ❑ Buyer ❑ Seller shall pay for the following inspection or report (7) ❑ Buyer ❑ Seller shall pay for the following inspection or report B. ESCROW AND TITLE: (1) ® Buyer ® Seller shall pay escrow fee Escrow Holder shall be Four Seasons Escrow (2) ❑ Buyer ® Seller shall pay for owner's title insurance policy specified in paragraph 15E Owners title policy to be issued by F;tdali (Buyer shall pay for any title insurance policy insuring Buyer's Lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) ❑ Buyer ® Seiler shall pay County transfer tax or transfer fee (2) ❑ Buyer ❑ Seller shall pay City transfer tax or transfer fee (3) ❑ Buyer ❑ Seller shall pay Homeowners' Association ("HOA") transfer fees (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) Buyer ❑ Seller shall pay for (6) ❑ Buyer ❑ Seller shall pay for on the date of Close Of Escrow; 5. POSSESSION AND KEYS: Possession shall be delivered to Buyer at 5PM or 10.00 2) AM ❑ PM, ❑ ❑ on ; orj] no later than Days After Close Of Escrow. The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks. If Property is located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 6. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 19, deliver to Buyer if required by Law: (i) earthquake guides (and questionnaire) and environmental hazards booklet, (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (III) disclose any other zone as required by Law and provide any other Information required for those zones. B. WITHHOLDING TAXES: Within.the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.90v. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyers inspection contingency period. Brokers do not have expertise In this area. 7. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified in paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200.51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code §3482.5 and §3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened,'candidate'species, or wetlands on the Property. d to, (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limits asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non -conforming uses, or violations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. B review, ew, all cNTAL furrrrent leaseCE s, entalEagreements, lervice conin the tracts anlfied in d otherparagraph 19. Seller related agreements, licenses, ake andaperrmitts pertaining tole to Buyer rthe operation on or use of the Property. C. ❑ TENANT ESTOPPEL CERTIFICATES: (If checked) Within the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Sellers agent, and signed by tenants, acknowledging: (i) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (it) that no lessor defaults exist; and (lit) stating the amount of any prepaid rent or security deposit. D. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 19, Seller shall: (i) make a good faith effort to obtain anotice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant the Mello -Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly deliver to Buyer any s h notice obtained. Sellers Initials ( ( ) Buyers Initials O ( ) aeuxwswc Copyright®1996-2010, CALIFORNIA ASSOCIATION OF REACTORS®, INC. Reviewed by Date oevaaruxer VLPA REVISED 4110 (PAGE 3 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 10) 0218 Property: .28 Acres M/L in PDX Lot 65 and .48 Acres M/Lin PDX Lot 66 Mb 0211060 Desert Date: March 7, 2011 ,..w m_ n.... n 8. CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to disclose to Buyer whether the Properly is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). or 9 B. if the Property is a condominium, or located in a planned unit development or other common interest subdivision, Seli 11) disclosure an pending ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (i) Copies of any documents required by Law; () Y P 9 or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAG governing the Property (collectively, "Cl Disclosures") and (vi) the following if Seller has actual knowledge: (a) any material defects in the condition of common area (such as pools, tennis courts, walkways or other areas co -owned in undivided interest with other); and (b) possible lack of compliance with HOA requirements. Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Sellers possession. Buyers approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 146(3). 9. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 10. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyers rights in paragraph 19: 0) rent or lease any part of the premises; (11) alter, modify or extend any existing rental or lease agreement; (Ili) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. At least 7 (or C]) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes, 11. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MILS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 1113 or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: C. (3) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller warranty. ITEMS EXCLUDED FROM SALE: 12. CONDITION OK PROPERTY: Unless otherwise agreed: (1) the Property is sold (a) in its PRESENT physical ("as -is") condition as of the date of Acceptance and (b) subject to Buyer Investigation rights; (ii) the Property is to be maintained in substantially the same condition as of the date of Acceptance and (Ili) ❑ (If checked) All debris and personal property not included in the sale shall be removed by Seller by Close Of Escrow. A. SELLER SHALL, within the time specified in paragraph 19, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AFFECTING THE PROPERTY AND MAKE ALL OTHER DISCLOSURES REQUIRED BY LAW. B. Buyer has the right to inspect the Property and, as specified in paragraph 19B, based upon information discovered in those inspections: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. determine to may not be ts present condition. C Buyer are Is strongly all defects vaffect ng the P operty or ti'tltother factors tBuyer ions of the that ire rtcons ders importantPrioperty Improvements 8may r of be built according to code, In compliance with current Law, or have had permits issued. 13. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 19B. Within the time specified in paragraph 19B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (i) inspect for lead -based paint and other lead -based paint hazards; (ii) inspect for wood destroying pests and organisms; (fii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Sellers prior te coneuilding t. Boner shall inspe neither or Bmake nor nmenl cause to b employee, unless made: (I) invasive or destructive Buyer Investigations; or (if) inspections by any governmental required by Law. B. Seller shall make the Property available for all Buyer investigations. Buyer shall (I) as specified in paragraph 19B, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (if) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (if) repair all damage arising from Buyer Investigations; and (Ili) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. Q1 Seller's Initials (��,._) ( ) Buyers Initials (�) ( ) Copyri9ht®1996-2010, CALIFORNIA ASSOCIATION OF REACTORS®, INC. Reviewed by Dale OMn.1nY VLPA REVISED 41110 (PAGE 4 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 10) 0219 .28 Acres M/L is Pox Lot 65 and .48 Acres M/Lin Por Lot 66 Mb 0211060 Desert Date: March 7, 2031 Property' Club 2r Unit 4 BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY ALL MATTERS AFFECNG THE VALUE OR DESIRABILIOF THE PROPERTY, INCLUDING BUT NOTDLIMIT-ED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY, BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 13, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes. applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.) G. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. I. GEOLOGIC CONDITIONS: Geologiclseismic conditions, soil and terrain stability, suitability and drainage Including any slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§51200-51295), Right To Farm Laws (Civil Code §3482.5 and §3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless Internet connections or other telecommunications or other technology services and installations, proximity, to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common Interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible tack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915. 0. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 14. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 19A, complete and provide Buyer with a: Seller Vacant Land Questionaire (C.A.R. Form VLQ) B. Addenda (if checked): Addendum # _ (C.A.R. Form ADM) C. roll —_ aumnase Anreement Addendum (C.A.R Form FAA) Septic, Well and Property Monument Bs Initials ( ) BIA) R. Form Form Seller's Initials uye s Copyright 01996-2010. CALIFORNIA ASSOCIATION OF REACTORS®, INC. rwe vs Reviewed by Date OPPOPIUNIIY VLPA REVISED 4110 (PAGE 5 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 10) .28 Acres M/L in For Lot 65 and .49 Acres M/Lin Pox Lot 66 Mb 0211060 Desert Dale: March 7, 2011 Property: club Tr unit 4 15, TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyers review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph restrictions, rights and other matters, B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, rictions, 9 whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (4) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights if currently owned by Seiler. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, survey requirements, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 16. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. ❑ (If checked) The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 17. ❑ MANUFACTURED HOME PURCHASE (If checked): The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered Into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (OR, if checked, ❑ this contingency shall remain in effect until the Close Of Escrow of the Property). is. ❑ CONSTRUCTION LOAN FINANCING (If checked): The purchase of the Properly is contingent upon Buyer obtaining a construction ban. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement (or, if checked, Q this contingency shall remain in effect until Close Of Escrow of the Property). 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under par; 3M, 4, 6A and B, 7, 8A, 12A, 14A and B, and 15. Buyer may give Seller a Notice to Seller to Perform (C.A.R. a Form NSP) if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ❑ ) Days After Acceptance, unless otherwise agreed in writing, to complete all Buyer Investigations; approve all disclosures, reports and other applicable Information, which Buyer receives from Seiler; and approve all other matters affecting the Property (including lead -based paint and lead -based paint hazards as well as other information specified in paragraph 6 and insurability of Buyer and the Property). (2) Within the time specified In 19B(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyers requests. (3) Within the time specified in 19B(1) (or as otherwise specified in this Agreement), Buyer shall, Deliver to Seller either (1) a removal of the applicable contingency (C.A.R. Form CR). or (11) a cancellation (C.A.R. Form CC) of this Agreement based upon a remaining contingency or Seller's failure to Deliver the specified items. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in 19A, then Buyer has 5 (or ❑ ) Days After Delivery of any such items, or the time specified in 196(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 19B(1) and before Seller cancels this Agreement, if at all, pursuant to 19C. Buyer retains the right to either (i) in writing remove remaining contingencies, or (f) cancel this Agreement based upon a remaining contingency or Sellers failure to Deliver the specified items. OnceBuyers written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to 19CO). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, within the time specified in this Agreement. Buyer does not, in writing, Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP) may cancel this Agreement. In such event, Seller shall authorize return of Buyers deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons: (i) if Buyer fails to deposit funds as required by 3A or 38; (it) if the funds deposited pursuant to 3A or 3B are not good when deposited; (iii) if Buyer fails to Deliver a letter as required by 3H; (iv) if Buyer fails to Deliver verification documentation required pursuant toby 3G or ; or(in if Seller reasonably disapproves of the verification provided by 3G or 3J or the credit report or supporting such event, Seller shall authorize return of Buyer's deposit. (3) Notice To Buyer To Perform: The NBP shall: (1) be in writing; (If) be signed by Seller; and (iii) give Buyer at least 2 (or ❑ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 19C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that contingency or cancellation right conclusively be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures; (11) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or tort ctions or for inability to obtain financing. Seller's Initials (° � � A>) ( ) Buyers Initials (� )(-) 121 touuN%NY Copyright®7898-2070, CALIFORNIA ASSOCIATION OF REACTORS®, INC. Reviewed M Date evvomuxiry VLPA REVISED 41`10 (PAGE 6 OF 10) Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 10) V?_i .20 Acres MIL in Por Lot 65 and .48 Acres M/Lin Por Lot 66 Mb 0211060 Desert Dale: March 7, 2011 Property: CJub Tr unit 4 E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first give the other a demand to close escrow (C.A.R. Form DCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seiler agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. 20. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (I) the Property is maintained pursuant to paragraph 12; III) Repairs have been completed as agreed: and (Ifi) Seller has complied with Seller's other obligations under this Agreement (C.A.R. FORM VP). 21. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (fi) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (Iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 22. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are a current lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are a current lien but not yet due. The Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (if) for periods prior to Close Of Escrow, by Seller. See C.A.R.Form SPT or SBSA for further information. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICEIPROPERTY DATA SYSTEM: If Broker Is a participant of a Multiple Listing Service ("MLS") or Property Data System ("PDS"), Broker is authorized to report to the MLS or PDS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be produced to the MLS to be published and disseminated to persons and entities authorized to use the information on terns approved by the MLS or PDS. 25. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 26. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 31A. 27. DEFINITIONS: As used In this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personalty received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. D. "Copy" means copy by any means including photocopy. NCR, facsimile and electronic. E. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. F. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. G. "Days Prior"' means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Deliver", 'Delivered" or "Delivery",regardless of the method used (i.e. messenger, mail, email, fax, other), means and shall be effective upon (i) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page 6; OR (ii) if checked, Q per the attached addendum (C.A.R. Form RON), I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other party. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 26. BROKERS: A. BROKER COMPENSATION Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified In a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or If escrow does not close, as otherwise specifiedinthe agreement between Broker and that Seller or Buyer. Buyer's Initials Sellers Initials O( ) 7 Copyright ®1996-2070, CALIFORNIA ASSOCIATION OF REACTORS®, INC. rWOWRY Reviewed by Date awaxruxnx VLPA REVISED 4/10 (PAGE 7 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 10) .28 Acres MIL in Por Lot 65 and .48 Acres M/Lin Por Lot 66 Mb 0211060 Desert Date: March 7, 2011 _ Property: C.Ib Tr Unit 4 B. SCOPE OF BROKER DUTY: Buyer and Seller acknowledge and agree that: Brokers: (1) do not decide what price Buyer should pay or Seller should accept; (11) do not guarantee the condition of the Property; (iii) do not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (N) shall not be responsible for identifying defects that are not known to Broker(s); (v) shall not be responsible for inspecting public records or permits concerning the title or use of the Property; (vi) shall not be responsible for identifying location of boundary lines or other items affecting title; (vii) shall not be responsible for verifying square footage, representations of others or information contained in inspection reports, MLS or POS, advertisements, flyers or other promotional material, unless otherwise agreed in writing; (viii) shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller in the course of this representation; and (Ix) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 29. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 3, 4, 6B, 14B and D, 15, 16B, 17, 18, 19F, 22, 27, 28A, 29, 33, 35, and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 28A, or paragraph D of the section titled Real Estate 'Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out of Buyer's or Seller's funds, or both, as applicable, the respective Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not specifically referenced above in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ❑ ). Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 28A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 28A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holders payment to Broker(s) of compensation pursuant to this Agreement. Escrow Holder shall immediately notify Brokers' (I) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or(i) if either Buyer or Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 30. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seiler agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both BU r and Seller, judicial decision or arbitration award. Buyer's Initials /O / Sellers initials 31. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified In paragraph 31C. B. ARBITRATION OF DISPUTES: Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 31C. sellers Initials () ( ) Buyers Initials (IA--) ( ) r Copyright 01996.2010, CALIFORNIA ASSOCIATION OF RE4LTORSS, INC. Reviewed by Dale owoarvwiv O ? r VLPA REVISED 4110 (PAGE 8 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 10) .29 Acres MIL in Pox Lot 65 and .40 Acres WLin Pox Lot 66 Mb 0211060 Desert Date: March 7, 2011 Property: Club Tr 0n11 s "NOTICE: BY INITIALING 1N THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'A BITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION:' Seller's Initials Buyer's Initials / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (I) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined in Civil Code §2985; (it) an unlawful detainer action; (ill) the filing or enforcement of a mechanic's Ilan; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated or compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shallnot be deemed a party to the Agreement. 32. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated In this Agreement if initiated by all parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all parties initial such paragraph(s), a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 33. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the laws of the State of California. Neither this Agreement nor any provision in It may be extended, amended, modified, altered or changed, except In writing Signed by Buyer and Seller. 34. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by La inter Palms Realt who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or, if checked, ❑ AM by ❑ ❑ PM, on (date)). Buyer has read d,pcknowledges re�gipt of I opy of the offer and agrees to the above confirmation of agency relationships. Date 03/07/2 Z Date BUYER _ -�l / • BUYER (� t name) "' N r }'• G OVQ1 P (print name) /> o17A116/L. x 15 (Address) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). 35. ACCEPTANCE OF OFFER: Seller warrants that Seller Is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowI dges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) U13J OT TO ATTACHED COUNTER OFFER (C.A.R. Form CO) DATED: Date';' Date SELLER axe` SELLER Nis Yield Partners (Print name) (Print name) P.O. Box 1574 La inter CA. 92297 (Address) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). ( / ) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyers authorized agent (nitials on (date) at ❑ AM ❑ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed In this document. Completion of this confirmation is not legally required in order to create a binding Agreement; It is sly Intended to evidence the date that Confirmation of Acceptance has occurred. Sellers Initials () ( ) Buyer's Initials ( / ') ( ) WMNp w Copyright 01996.2010. CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by Date OPPORTUNITY VLPA REVISED 4110 (PAGE 9 OF 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 10) 0 29 Acres M/L in Poz Lot 65 and .48 Acres M/Lin Por Lot 66 1*1 0211060 Desert Dale: March 7, 20I1 Property: REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (it the amount specified in the MLS, provided Cooperating Broker is a Participant of the MILS in which the Property is offered for sale or a reciprocal MLS: or(ii) (it checked) the amount specified in a separate written agreement (C.A.R. Form CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. ////JJJ] ORE Lic.# nnor 6271 Real ate Broker mg,FjFa - - ''ms Realty Date 0310712011 -+ Bruce ca thcatt. ORE Llc. # caM+F - Address � rotver Dr.M1 -City State CAZip 92253 y La ouinta -- ITelephone (760)564-4104 Fax t760)564-0349 E-maillacu'ntapalmsPdc rr cam DRE Lic.# nnor e27i RRyalF�laAte Broker (Lis g ) o'nta Palms Real[ Date 0310712011 � n Ezssce Cathcart ORE Llc. # SAtm Cit La a±+nta State CA. Zip 92253 Address 5200 Eisen___wsr. Dr. _ Y Telephone (760)564-4109 Fax (760)564-0344 E-mail laauintapalms@dc rr com ESCROW HOLDER ACKNOWLEDGMENT: a deposit in the amount of $ ) Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, counter offer(s) numbered ❑ Seller's Statement of Information and ❑ Other and agrees to act as Escrow Holder subject to paragraph 29 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions, if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow # Escrow Holder Date By Address Phone/Fax/E-mail Escrow Holder is licensed by the Califomia Department of 0 Corporations,0 Insurance,[] Real Estate. License # PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). &oker or Designee Initials REJECTION OF OFFER: (_ )(_) No counter offer is being made. This offer was rejected by Seller on (date). Sellers Initials Published and Distributed by: L REAL ESTATE BUSINESS SERVICES, INC. a subsidiary offhe CALIFORNIA ASSOCIATION OF REALTORSO Reviewed by Date even ruMO w"v a 525 South Virgil Avenue, Los Angeles, California 90020 VLPA REVISED 4110 (PAGE 10 of 10) NIS Yield Partners VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 10) 0 E A A§�� CALIFOANIA ASSOCIATION OF REALTORS® ADDENDUM (C.A.R. Form ADM, Revised 10/01) No. ONE The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental Agreement, ® Vacant Land Purchase Agreement, ❑ Residential Income Property Purchase Agreement, ❑ Commercial Property Purchase Agreement, ❑ other dated March 7, 2011 , on property known as 28 Acres rt/d, in ror l,oc oo a„u . yo _ and is referred to as ("Buyer I enant") referred to as ("Seller/Landlord"). .. _ . �iT-Lbiiidi�i•Y-19ya-Y.r-�+'�.r-�•a=r ___ The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt a copy of tnis Document. Date Mazch 7, 2 11 7 Date . _ ;z. i/ Buyer/Terent ��� �'� ' '� '�?�-L�'C Seller/Landlord e City of a Quinta Nis'Y e d Par a s BuyerlTenant.,Z AS P 619W�✓°Je• L""�] �!'� Seller/Landlord The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright® 1986-2001, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is which may be used only by members of the Industry. It Is not OFIREALTORSO whto identify o subscribe to ie user as a ts Code of Ethics.LTOR® is a registered collective membership mane FPublished and Distributed b/: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of fire, California Asso iafion Of REALTORSO 525 South Argil Avenue, Los Angeles, California 90020 ADM•11 REVISED 10101 (PAGE 1 OF 1) Reviewed by L Broker or Designee Date lwu"am OMAT TY ADDENDUM (ADM-11 PAGE 1 OF 1) using zipForm® software ,.. Broker: La Quinta Palms Real Estate Co 51.001 Eisenhower Drive La Quints CA 92263 0226 Property Address: IVAI' V 770-123-0l1) IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney SELLER: 1� BUYER: CITY OF LA QUINTA, a California municipal corporation and charter city Thomas P. Genovese, City Manager [end of signatures] 7 267/015610-0046 :?- /_ 1159981.01 sW/07/11 ATTACHMENT 4 CALIFORNIA DISCLOSURE REGARDING ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP (Selling Firm to Buyer) OF- R E A L T O R S x (As required by the Civil Code) (C.A.R. Form AD, Revised 11109) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Sellers agent under a listing agreement with the Seller acts as the agent for the Seller only. A Sellers agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost rare, integrity, honesty and loyally in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties.' (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyers consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through bne or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyally in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, Inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A C F HIS DISCLOSU�R�7 1 HE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). ,!/ ® Buyer ❑ Seiler ❑ Landlord ❑ Tenant R / aT Date 0310712011 The City of Is Quinta TAbA(A!i p, G6wovese ❑ Buyer ❑ Seller [I Landlord [I Tenant (r r7" ,Af,4WAiIC2 Date Agent DRE Lic. 900.915271 ` Real Estate Broker (Firm) Date 010712011 3 By f `sue DRE Lic. # SzsME (Sat person or Broker.Ate" i e) Brvce Cathcart AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14): • When the listing brokerage company also represents Buyerrrenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form si ned by Buyer/Tenant. • When Seller/Lan and BuyerrreriAnt are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Seller/Landlord nd (ii) t Buyer' enant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form pr�s.�ented to Ile and r r gnature prior to.. resent 'on f the offer. If the same form is used, Seller may sign here: f Seller/Landlord Date The copyright laws of the United States (Title 17 U.S. code) forbid me unautnonzco rap,.ucuu„ , u, _ ,...... w =...- -- •• � RITGHT dA RESERVED. - including fammile of wmputerized formats. Copyright 01991-2009, CALIFORNIA ASSOCIATION OF REALTORSS INC. ALL THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAKADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTORS. REALTOR@ is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code of Ethics. Published and Cistributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association ofREALTORSO s 525 South Virgil Avenue, Las Angeles, California 9W20 Reviewed by Date PPPo uiinY AD REVISED 11109 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) , Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.564.0344 Prepared using zipf'ormd9 software 0 7 7 Broker: La Quinta Palms Real Estate Co 51.001 Eisenhower Drive La Quinta , CA 92253 CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate bickerer salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for wham the associate licensee functions. (c) Buyer' means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary, manner, with the object of entering into a real property transaction. "Buyef' includes vendee or lessee. (tl) "Dual agent" means an agent acting, either duectly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (e) "Listing agreement' means a contract between an owner of real property and an agent, by which the agent has been authorized to sell ilia real property or to tend or obtain a buyer. (f) "Listing agent' means a person who has obtained a listing of real property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specifed in the listing for which the seller is willing to sell the real property through the listing agent. (h) "Offering price" is the amount expressed in dollars specifed in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase' means a written contract executed by a buyer acting through a selling agent which becomes the contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) "Real properly transaction" means a transaction for the sale of real properly in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (f) "Sell; "'sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller' means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (o) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent' does not include an associate licensee who is acting under the supervision o an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified In Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase Is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.16 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14. the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal, 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting In the real property transaction exclusively as the buyers agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable. the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the sellers agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the setter. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. °Y Q NOT COMPLETE, SAMPLE ONLY) ' is the agent of (check one): ❑ the seller exclusively; or ❑bath the buyer and seller. Name o Lleling gent) ''; '.(DO NOT COMPLETE„SAMPLE ONLY) ° ` is the agent of (check one): ❑the buyer exclusively; or El the seller exclusively; or (Name of Selling Agent it not the same as me Listing Agent) El both the buyer and seller. (d) The disclosures and wnfirmation required by this section shall be in addition to the disclosure required by Section 2079.14, 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. - 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and emploiigLE ees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. Buyer'srre(Sellees/La)CopydgM®1997.2009, CALIFORNIA ASSOCIATION OF REACTORS®, INC. O2�AD REVISED 11I09 (PAGE 2 OF 2) ovvostuinrr DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2OF 2) Garbutt Offer c A L I F O R tv t o VACANT LAND PURCHASE AGREEMENT A s s o C t A T t O fV AND JOINT ESCROW INSTRUCTIONS ®� or REAL -I" O R S 6' (C.A.R. Form VLPA, Revised 4110) Date March 7, 2011 1. OFFER: A. THIS IS AN OFFER FROM The City of La Quints ("Buyer'). B. THE REAL PROPERTY TO BE ACQUIRED is described as 72 Acres MIL in Lots 68 & 77 Mb 0211060 Desert Club Tr Unit 4 .Assessors Parcel Nola). 770-124-002 situated in La Ouinta , County of Riverside , California, ("Property"). C. THE PURCHASE PRICE offered is right; rn.wdred Po ty-seven Thousand (Dollars $ 847. 000. 00 ). D. CLOSE OF ESCROW shall occur on (date) (or® 30 Days After Acceptance). 2. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent La Ou'nta Palms Realty (Print Firm Name) is the agent of (check one): ❑ the Seller exclusively; or ® both the Buyer and Seller. Selling Agent La Oui nt palnue R a i t (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively; or ® both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of .......................................... $ 5,000.00 (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds transfer, ❑ Other within 3 business days after acceptance (or ❑ Other ) OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (or❑ into Broker's trust account) within 3 business days after Acceptance (or ❑ Other ) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or[] C. LOAN(S) (1) FIRST LOAN in the amount of ............ ......... ...................... $ This loan will be conventional financing or, if checked, ❑ FHA, VA, Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form FAA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) ❑ SECOND LOAN in the amount of............................................................$ This loan will be conventional financing or, If checked, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form FAA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. D. ADDITIONAL FINANCING TERMS: f6.0 AOF /S ,4qreel v ON "77'e6 $ ,GA%JA'G �XtE cf"AL6S /oS ALc- E PI GPoN .6o v% DEO A,fi EN /ir GC,G end A E , v 6/1 ANC rpicc Le,� ,s ow/�. ' fJn! W CGVRA7 c- c5n67i GF ry E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of to be deposited with Escrow Holder within sufficient time to close escrow. ................................ I $ 842, 000. 00 F. PURCHASE P, .LTOTAL):.. ........ ...... ....... . ...... .. ry . $ 847, 000. 00 Buyer's Initials (-� I ) ( ) Seller's Initial The copyright laws of the United States (Title 17 U.S. Cods) forbid the unauthorized reproduction of this form, or any ponlon thereof, by photocopy machine or any other 121 means, inducing facsimile or computerized formats. Copyright 0 1996-2010, Reviewed by Dale o°vwsiuurtv CALIFORNIA ASSOCIATION OF REALTORSO,, INC. ALL RIGHTS RESERVED, VLPA REVISED 4110 (PAGE 1 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10) Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.564.0344 Prepared using zipForm® software Broker: La Quinta Palms Real Estate Co 51-001 Eisenhower Drive La Quints , CA 92253 0'3Q� i CALIFORNIA VACANT LAND PURCHASE AGREEMENT ASSOCIATION AND JOINT ESCROW INSTRUCTIONS ®� OF R E A L TO R S `p (C.A.R. Form VLPA, Revised 4110) Dale March 7 2011 1. OFFER: ("Buyer' A. THIS IS AN OFFER FROM The City of La Ouinta _ y s 77 Mb 021/080 Desert Club T B. THE REAL PROPERTY TO BE ACQUIRED is described as 72 Acres M/l Lots 88 Assessor's Parcel Note), 770124-009 , situated in La Ouinta , County of Riverside , California, ("Property"). C. THE PURCHASE PRICE offered is Eicrht Hundre -S ven Thousand (Dollars $ 847 nnn 00 ) D. CLOSE OF ESCROW shall occur on (date) (or ® 30 Days After Acceptance). 2. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: (Print Firm Name) is Listing Agent La Ou'nta Palms Realty the agent of (check one): ❑ the Seller exclusively; or ® both the Buyer and Seller. Selling Agent L a ' to P lms Rear * (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or []the Seller exclusively, or ® both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of .......................................... $ 5,000..0 (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds transfer, ❑ Other within 3 business days after acceptance (or ❑ Other )' OR (2) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (or[] into Broker's trust account) within 3 business days after Acceptance (or ❑ Other )' B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... $ within Days After Acceptance, or ❑ C. LOAN(S) (1) FIRST LOAN in the amount of ...................................................... $ This loan will be conventional financing or, if checked, ❑ FHA, ❑ VA. ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form FAA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) SECOND LOAN in the amount of .................................. ...................$ This loan will be conventional financing or, if checked, ❑ Seller (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed rate not to exceed %or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer (sh/all paAL6� IDiy points not toGE / exceeds % of the loan amount. D. ADDITIONAL FINANCING TERMS: �NC cS'2/.�l'C�JC� r/PcN'27/GO $ _ E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of ................................. $ 842, 000. 00 to be deposited with Escrow Holder within sufficient time to close escrow. $ 847. 000. 00 F. PURCHASE P OTAL):..................... E ' Buyers Initials (-( ) Seller's TM copyright laws of the United States (Title 17 U.S. Cods) rabid the uneathorized reprodwtlon of ins tone, or any portion theleof, by ordooppy machine of any other means, ir,dudir I facsimile or compmarized ft,h ls. Copyright 0 1e962010. Reviewed by Date EieklYyyW+ arrosmwn CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. O .t A REVISED 4/10 (PAGE 1 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10) 1 VLP Agent: Bruce Cathcart Phone: 760.664.4104 Fax: 760.664.0344 Prepared using zipForm® software Broker: La Quinta Palms Real Estate Co 61-001 Eisenhower Drive La Quinta , CA 92253 Property: .72 Acxas MIL in ots 68 6 77 Mb 021 0 D Bert Club Tr Unit C Dale: March 7, 2011 3H 1 hall within G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or loan broker pursuant to ()) s , 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyers down payment and closing costs. (If checked, verification attached.) H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or ❑ ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker stating that, based on a review of Buyers written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in 3C above. (If checked Q letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: (1) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing remove the loan contingency or cancel this Agreement; OR (if) if checked) ❑ the loan contingency shall remain in effect until the designated loans are funded. (4) ® NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (OR, if checked, ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan contingency, Buyers removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 19B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 198(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance. J. ® ALL CASH OFFER (If checked): Buyer shall, within 7 (or ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to dose this transaction. (If checked ❑ verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyers representation of the type of financing specified (including but not limited to, as applicable, amount of down payment, contingent or non contingent loan, or all cash). If Buyer seeks alternate financing, (i) Seller has no obligation to cooperate with Buyer's efforts to obtain such financing, and (it) Buyer shall also pursue the financing method specified In this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement, L. SELLER FINANCING: The following terms (or ❑ (if checked) the terms specified in the attached Seller Financing Addendum (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this Agreement. (1) BUYER'S CREDITWORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyers expense, a copy of Buyers credit report. Within 7 (or ❑ ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyer's promissory note, deed of trust and other documents as appropriate shall incorporate and implement the following additional terms: (1) the maximum interest rate specified in paragraph 3C shall be the actual fixed interest rate for Seller financing; (it) deed of trust shall contain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (fit) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Sellers option, upon the sale Orin transfer ofllment ithe Pro perty a ved within or any Interest in It; (v) note shall contain a late charge of 6% of the installment due (or[]) l the 10 days of the date due; (vi) title insurance coverage in the form of a joint protection policy shall be provided insuring Sellers deed of trust Interest in the Property (any increased cost over owner's policy shall be paid by Buyer); and (vll) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Sellers written consent. Seller may grant or withhold consent in Seller's sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyers expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. Seller shall, within the time specified In paragraph 19, provide Copies of all applicable notes and deeds of trust, loan balances and current interest rates to Buyer. Buyer shall then, as specified in paragraph 19B(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound accounts, if any, shall be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyers assumption of an existing loan may not release Seller from liability on that loan. If this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified in writing, this paragraph only determines who is to pay for the inspection, test or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified In the Report. A. INSPECTIONS AND REPORTS: (1) ❑ Buyer ❑ Seller shall pay to have existing septic or private sewage disposal system, if any, Inspected (2) ❑ Buyer ❑ Seller shall pay for costs of testing to determine the suitability of soil for sewage disposal (3) ❑ Buyer ❑ Seller shall pay to have existing wells, if any, tested for water potability and productivity ( ) ( ) Sellers Initial Buyers Initials ( ) ( ) 2 [uuiemra Copydghl®1996-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by _ Date avvoeranrr VLPA REVISED 4/10 (PAGE 2 OF 10) Nispero VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 10) 023? Property: 72 Acres M/L in Lots 68 6 77 1& 021/060 De t club Tr Unit 9 Date: March 7, 2011 _ (4) ❑ Buyer ❑ Seller shall pay to have Property corners identified (5) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclosure report prepared by (6) ❑ Buyer ❑ Seller shall pay for the following inspection or report (7) Q Buyer ❑ Seller shall pay for the following inspection or report B. ESCROWANDTITLE: (1) ® Buyer ® Seller shall pay escrow fee Escrow Holder shall be Four Seasons Escrow (2) ❑ Buyer ® Seller shall pay for owner's title insurance policy specified in paragraph 15E Owner's title policy to be issued byFidel!, ty Title (Buyer shall pay for any title insurance policy insuring Buyer's Lender, unless otherwise agreed in writing.) C. OTHER COSTS: (1) ❑ Buyer ® Seiler shall pay County transfer tax or transfer fee (2) ❑ Buyer ❑ Seller shall pay City transfer tax or transfer fee (3) ❑ Buyer ❑ Seller shall pay Homeowners' Association ("HOA") transfer fees (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) Q Buyer D Seller shall pay for (6) ❑ Buyer ❑ Seller shall pay for 5. POSSESSION AND KEYS: Possession shall be delivered to Buyer at 5PM or r C ® AM ❑ PM, ®on the date of Close Of Escrow; [3 on ; or[:] no later than Days After Close Of Escrow. The Property shall be unoccupied, unless otherwise agreed in writing. Seller shall provide keys and/or means to operate all Property locks. If Property is located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA') to obtain keys to accessible HOA facilities. 6. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 19, deliver to Buyer if required by Law: (i) earthquake guides (and questionnaire) and environmental hazards booklet; (II) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (Ili) disclose any other zone as required by Law and provide any other information required for those zones. B. WITHHOLDING TAXES: Within the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law C.A.R. Form AS or QS). C. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. if Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise In this area. ' 7. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified in paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, In writing, the following information: (1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§51200.51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Fans rights (Civil Code §3482.5 and §3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened, 'candidate' species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non -conforming uses, or violations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, of other nuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 19, Seller shall make available to Buyer for inspection and review, all current leases, rental agreements, service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. C. [3TENANT ESTOPPEL CERTIFICATES: (If checked) Within the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (i) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (III) stating the amount of any prepaid rent or security deposit. D. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 19, Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello -Roos Community Facilities Act, and Improvement Bond Act of 1915, and III) promptly deliver to Bu er an such notice obtained. Sellers Initial Buyers Initials ( ) ( ) muwm c Copyright®19982010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by _ Date orvarrwmr VLPA REVISED 4/10 (PAGE 3 OF 10) Nisperc VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 10) 0233 Property: 72 Acres MIL in Lots 69 & 77 Mb 021,1060 Desert Club Tr Unit_4 Dale: March 7, 2012 8. CONDOMINIUM/PLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or � ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form VLQ). B. If the Property is a condominium, or located in a planned unit development or other common interest subdivision, Seller has3 (or ) . Days After Acceptance to request from the HOA (C.A.R. Form HOA): (I) Copies of any documents required by Law; (it) disclosure of any pending or anticipated claim or litigation by or against the HOA; (ill) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "Cl Disclosures") and (vi) the following if Seller has actual knowledge: (a) any material defects in the condition of common area (such as pools, tennis courts, walkways or other areas co -awned in undivided interest with other); and (b) possible lack of compliance with HOA requirements. Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). 9. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 10. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyer's rights in paragraph 19: (1) rent or lease any part of the premises; (tt) alter, modify or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contrat(s); or (lv) change the status of the condition of the Property. B. At least 7 (or [) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. 11. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MILS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in 11 B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Properly; (2) The following Items: (3) Seller represents that all items Included in the purchase price, unless othemise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seiler warranty. C. ITEMS EXCLUDED FROM SALE: 12. CONDITION OF PROPERTY: Unless otherwise agreed: (i) the Property is sold (a) In its PRESENT physical ("as -Is") condition as of the date of Acceptance and (b) subject to Buyer Investigation rights; (tt) the Property is to be maintained in substantially the same condition as of the date of Acceptance and (lit) ❑ (If checked) All debris and personal property not Included in the sale shall be removed by Seller by Close Of Escrow. A. SELLER SHALL, within the time specified in paragraph 19, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AFFECTING THE PROPERTYAND MAKE ALL OTHER DISCLOSURES REQUIRED BY LAW, B. Buyer has the right to inspect the Property and, as specified in paragraph 19B, based upon information discovered in those inspections: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. In order to eller may not be C. Buyr is rongly advised to conduct ions of the entire Prop aware of ell defects affecting the Property tlor [other factors that B yerrtconsiders important. nPr pertye its simprovementsent condition. smay not be built according to code, in compliance with current Law, or have had permits Issued. 13, BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 19B. Within the time specified in paragraph 19B(1), Buyer shall have the right, at Buyers expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (I) inspect for lead -based paint and other lead -based paint hazards; (it) inspect for wood destroying pests and organisms; (ill) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (1) invasive or destructive Buyer Investigations; or (it) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (I) as specified in paragraph 198, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (it) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Buyer Indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of liens; (1I) repair all damage arising from Buyer Investigations; and (lit) indemnity and hold Seller harmless from all resulting liability, claims, demands,of cles ofsand costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyers behalf to carry, p liability, compensation and other applicable insurance, defending and protecting Seller from liability for any Injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyers direction prior to Close Of Escrow, Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done an the Property at Buyer's direction. Buyers obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close of Escrow. L.n Buyers Initials (�, ( ) Seller's Initials ( ) ( ) [ODUxdl Copyright®798a-2070, CALIFORNIA ASSOCIATION OF REACTORS®, INC. Reviewed by I V Date arroetuxnYrtr VLPA REVISED 4110 (PAGE 4 OF 10) _ Nispero VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 10) 0234 Property: 72 AC S WL in Lots 60 6 77 ME, 021ZO60 Desert Club Irr Unit 4 _ Date: March 7, 2011 BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 13, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyers intended use of the Property.) G. UTILITIES AND SERVICES: Availability, costs, restrictions and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV and drainage. H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions. I. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including any slippage, sliding, Flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. J. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Fire Hazard Zones; State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, Floods, landslides or other causes, L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§51200.51295), Right To Farm Laws (Civil Code §3482.5 and §3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy and cost of any speed -wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co -owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or Improvement Bond Act of 1915, O. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 14. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 19A, complete and provide Buyer with a: Seller Vacant Land Questionaire (GA.R. Form VLO) B. Addenda (If checked): Addendum # (C.A.R. Form ADM) Wood Destroying Pest Inspection and Allocation of Cost Addendum (C.A.K. roan vvrr,/ nnnnument Addendum (C.A.R. Form SWPI) LJ Purchase Agreement Adds= Short Sale Addendum (C.A.R. C. Advisories (if checked): Probate Advisory (C.A.R. Forn Trust Advisory (C.A.R. Form T 0, Other Terms: Form u BO ( ) Setters Initials Buyer's Initials ( ) Copynght 01996.2010. CALIFORNIA ASSOCIATION OF RFALTORSO. INC. Reviewed by Date Y ATNITY VLPA REVISED 4110 (PAGES OF 10) Nispero VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 10) p _3 `,i Property: .72 Acres M L 1, Lots 68 6 77 Mb 021 060 Desert Club Tr Unit 4 Date: March 7, 2011 15. TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 1913. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and(ii) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 19, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock Cooperative or long-term lease, an assignment of stock certificate or of Sellers leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyers supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL, E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, Coverage, survey requirements, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph. Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 16. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the sale of any property owned by Buyer. OR B. ❑ (If checked) The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyer is incorporated into this Agreement. 17. ❑ MANUFACTURED HOME PURCHASE (If checked): The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (OR, if checked, ❑ this contingency shall remain in effect until the Close Of Escrow of the Property). 18. ❑ CONSTRUCTION LOAN FINANCING (If checked): The purchase of the Property is contingent upon Buyer obtaining a construction loan. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement (or, if checked, ❑ this contingency shall remain in effect until Close Of Escrow of the Property). 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ) Days After Acceptance to Deliver to Buyer all Reports, disclosures end information for which Seller is responsible under paragraphs 3M, 4, 6A and B, 7, 8A, 12A, 14A and B, and 15, Buyer may give Seller a Notice to Seller to Perform (C.A.R. Form NSP) if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ❑ ) Days After Acceptance, unless otherwise agreed in writing, to complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all other matters affecting the Property (including lead -based paint and lead -based paint hazards as well as other information specified in paragraph 6 and insurability of Buyer and the Property). (2) Within the time specified in 1913(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyers requests. (3) Within the time specified In 19B(1) (or as otherwise specified in this Agreement), Buyer shall, Deliver to Seller either (1) a removal of the applicable contingency (C.A.R. Form CR), or (11) a cancellation (C.A.R. Form CC) of this Agreement based upon a remaining contingency or Seller's failure to Deliver the specified items. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in 19A, then Buyer has 5 (or ❑ ) Days After Delivery of any such items, or the time specified in 19B(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 1913(1) and before Seller cancels this Agreement, if at all, pursuant to 19C, Buyer retains the right to either (i) in writing remove remaining contingencies, or (it) cancel this Agreement based upon a remaining Contingency or Sellers failure to Deliver the specified items. Once Buyer's written removal of all Contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to 19C(1). C. SELLER RIGHT TO CANCEL: (1) Seiler right to Cancel; Buyer Contingencies: If, within the time specified in this Agreement, Buyer does not, in writing, Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NSP) may cancel this Agreement. In such event, Seller shall authorize return of Buyer's deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons: (I) if Buyer fails to deposit funds as required by 3A or 3B; (it) if the funds deposited pursuant to 3A or 3B are not good when deposited; (fit) if Buyer fails to Deliver a letter as required by 3H; (iv) if Buyer fails to Deliver verification as required by 3G or 3J; or (v) if Seller reasonably disapproves of the verification provided by 3G or 3J or the credit report or supporting documentation pursuant to 3M. In such event, Seller shall authorize return of Buyers deposit. (3) Notice To Buyer To Perform: The NBP shall: (i) be in writing; (it) be signed by Seller; and (iii) give Buyer at least 2 (or ❑ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 19C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any Contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that contingency or cancellation right conclusively be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable information and disclosures; (II) elected to proceed with the transaction; and (if!) assumed all liability, responsibility and expense for Repairs or corrections or for inability to obtain financing Sellers Initials V_� ) �' Buyers Initials ( ) ( ) Cupynght 0 1996-2010, CALIFORNIA ASSOCIATION OF REALTORSO. INC. roue xcmwc Reviewed by Date onvoaruwrr VLPA REVISED 4110 (PAGE 6 OF 10) Nisperc VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 10) 0 rtY ProP a 72 Acres M/L in Lot* e 68 6 77 Mb 0211060 D t C11Sb Tx Unit 4 Date: March 7, 2011 E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first give the other a demand to close escrow (C.A.R. Form DCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual Instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow, Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. 20. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 12: (II) Repairs have been completed as agreed; and (it!) Seller has complied with Seller's other obligations under this Agreement (C.A.R. FORM VP). 21, ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (it) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (fv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 22. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are a current lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are a current lien but not yet due. The Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (1) for periods after Close Of Escrow, by Buyer; and (it) for periods prior to Close Of Escrow, by Seller. See C.A.R.Forn SPT or SBSA for further information. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICE/PROPERTY DATA SYSTEM: If Broker is a participant of a Multiple Listing Service ("MLS") or Property Data System ("PDS"), Broker Is authorized to report to the MLS or PDS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be produced to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS or POS. 25. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 26. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 31A. 27. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. D. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. E. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. F. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. G. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Deliver", "Delivered" or "Delivery", regardless of the method used (i.e. messenger, mail, email, fax, other), means and shall be effective upon (i) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page 8; OR (ii) if checked, [] per the attached addendum (C.A.R. Form RDN). I. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other party. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 28, BROKERS: A. BROKER COMPENSATION Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. Buyer's Initials (�) ( ) Sellers Initi Copyright 01996-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. �N0014w Dale Reviewed by arrooruxirr VLPA REVISED 4110 (PAGE 7 OF 10) Nispero VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 10) 0237 Property: 72 x 5 MIL 'n Z91is 69 6 77 Mb 021/060 D 5 rt Club TY unit A Date:March 7, 2011 B. SCOPE OF BROKER DUTY: Buyer and Seller acknowledge and agree that: Brokers: (i) do not decide what price Buyer should pay or Seiler should accept; (it) do not guarantee the condition of the Property; (iii) do not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) shall not be responsible for identifying defects that are not known to Broker(s); (v) shall not be responsible for inspecting public records or permits concerning the title or use of the Property; (A) shall not be responsible for identifying location of boundary lines or other items affecting title; (vii) shall not be responsible for verifying square footage, representations of others or information contained in inspection reports, MLS or POS, advertisements, flyers or other promotional material, unless otherwise agreed in writing; (viii) shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller in the course of this representation; and (ix) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 29. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 3, 4, 6B, 14B and D, 15, 166, 17, 18, 19F, 22, 27. 28A, 29, 33, 35, and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 28A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement($) and pay out of Buyer's or Seller's funds, or both, as applicable, the respective Brokers compensation provided for in such agreements). The terms and conditions of this Agreement not specifically referenced above in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or ❑ ). Escrow Holder shall provide Sellers Statement of Information to Title company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 28A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 28A, respectively, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker($) of compensation pursuant to this Agreement. Escrow Holder shall immediately notify Brokers: (1) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or(ii) if either Buyer or Seiler instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 30. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyers default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release Instructions from both Bu r a of Sellar, judicial decision or arbitration award. Buyers Initials I Seller's Initials' / '` i 31, DISPUTE RESOLUTION: A, MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or a y resulting transaction, before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or It) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 31C. B. ARBITRATION OF DISPUTES: Buyer and Seller agree that any dispute or claim In Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 31C. ' ) Seller's Initials Buyers Initials [ouxxouruc Copyright ®t996-2010, CALIFORNIA ASSOCL4TION OF REACTORS®, INC. Reviewed by Dare owaarvxnr VLPA REVISED 4110 (PAGE 8 OF 10) Nispero VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 10) 0?38 Properly: .72 Acres M Z in Zota 68 S 77 Mb 0211060 Desert Club Tr Unit 4 Date: March 7, 20I1 "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVI TQ NEUTRAL ARBITRATION:' Buyer's Initials Seller's Initials. 1" C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (I) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (it) an of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a unlawful detainer action; (iii) the filing or enforcement probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order d attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated or compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating In mediation or arbitration shall not be deemed a party to the Agreement 32. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all parties or if incorporated by mutual agreement in a counter offeror addendum. If at least one but not all parties initial such paragraph(s), a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 33. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated In this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as othenvise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the laws of the Stale of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 34. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by La Quinta Palms Realty _ who is authorized to receive it by 5:00 PM on the third Day after this offer is signed by Buyer (or, If checked, ❑ by ❑ AM ❑ PM, on (date)). Buyer has read and acknowledges,�ece�p) 9i0a Copy of the offer and agrees to the above confirmation of agency relationships. Date !� BUYER Dale _ BUYER 6enayF✓e A yF1.?— (Print name) ❑ Additional Signature Addendum attached (C.A.R, Form ASA). 35. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer.. (If checked) SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form CO) DATED: Date Date SELLER ._a, ___ SELLER Nispero Pro -- (Print name (Print name) ❑ Additional Signature Addendum attached (C.A.R. Form ASA). ( I ) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized agent (Initia sT )— on (date) at ❑ AMC) PM. A binding Agreement is created when a Copy of Signed Acceptance Is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required In order create a binding Agreement; it Is solely intended to evidence the date that Confirmation of Acceptance has oce rid Buyer's Initials O ( ) Seller's Initials (yu j ( ) Copydght 0199a-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. OPMRTU � Reviewed by Date arvosrvxav VLPA REVISED 4110 (PAGE 9 OF 10) Nisperc VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 10) 0239 Property: .72 Acres MIL in Lots 6& 6 77 Mb 021 060 Desert Club Sr Unit 9 Date: March 7, 2011 REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B.. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Brokers proceeds In escrow: (I) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or(fi) ❑ (if checked) the amount specified in a separate written agreement (C.A.R. Form. CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form OLT) may be used to document that tax reporting will be required or th an exemption exists. R Estat#Bro r I Firm) L- ou'nt Palms realty ORE Lic.# ^^or G'J7+ `1 .L Hruce Ca thcart- ORE Lie # snwrc Date 03/07/2011 Address 5100i Eisenhower Dr, -- City La Winta _Slate CA. Zip 92253 E-mail la "ntaoalmsc Telephone (760)56d-4109 .- Fax (760)564-0349 au Rdrr com DRE Lic. # nngr 5971 - R.,,,1.6state Brok is n Firm),Za, Winta Palms Heart Date 0310712011 Byy al n- Brace Cathcart ORE Lie. # SAME City La Win to __ State GA. Zip 92253 Ad r100 Eise hoover Dr. y — Telephopho ne f7Fax l760)564-0399 E-mail laauintapalms do rr. com ESCROW HOLDER ACKNOWLEDGMENT: ), Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked,[] a deposit in the amount of $ counter offer(s) numbered ❑ Sellers Statement of Information and ❑ Other , and agrees to act as Escrow Holder subject to paragraph 29 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holders general provisions, if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow # Escrow Holder Date By Address Phone/Fax/E-mail s,[] Insurance,[] Real Estate. License # Escrow Holder is licensed by the California Department of n Corporation (date). PRESENTATION OF OFFER: Listing Broker presented this offer to Seller on Broker or Designee In hats REJECTION OF OFFER: (_ )() No counter offer is being made. This offer was rejected by Seller (date). on Published and Disbibuted by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 D 4110 (PAGE 10 of 10) i� Reviewed by Date I 0"ORTmmv° VLPA REVISE VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 10) Nispe@ 2 4 O �` CALIFORNIA ASSOCIATION 1*- I01 OF AEALTOASV le ADDENDUM (C.A.R. Form ADM, Revised 10101) No. ONE The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental Agreement, ® Vacant Land Purchase Agreement, ❑ Residential Income Property Purchase Agreement, ❑ Commercial Property Purchase Agreement, ❑ other on is referred to as Bu er/ienant" in which , 1Rse Ci tv of La Quinta y and Niscero Pron Is referred toas"Seller/Landlord"). The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge recelpr or a copy u- uno ) Dale March 11 Date SallerlLandiord 1 •- Buyer/Tenant. Nisp b rop the City of La Quinta �l Buyer/Tenant7Z1WAC P /'EiYO✓S6-42x & IW4- SellerlLandlord The copyright laws of the United Slates (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any Portion thereof, by PhotoWPY machine or any other means, including facsimile or computerized formats. Copyright®tg86-2001, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL, availableThis form is entire, intended who se user as a ubscribe to Its Code of thics.LTOR® is a registered collective membership mark Which may be used only by members of the NATIONAL ASSOCIATION OFREALTORS@ Published and Distributed by: „ REAL ESTATE BUSINESS SERVICES, INC. Reviewed by121 a subsidiary olthe CalWomla Association ofREALTORSO Date ° v525Sce0 Virgil Avenue, Los Angeles, California M20 Broker or Designee rwuxwsac crrssrmntt ADM-11 REVISED 10101 (PAGE 1 OF 1) ADDENDUM (ADM-1 PAGE 1 OF 1) 4104 Fax: 760.564.0344 Prepared using x1pForm® software Agent: Bruce Cathcart Phone: 760.564. Broker: La Quinta Palms Real Estate Cc 51-001 Eisenhower Drive La Quints , CA 92253 0241 Property Address: A/o/ii , -270 -12 V - 0 O 1 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney BUYER: CITY OF LA QUINTA, a California municipal corporation and charter city Thomas omas P. Genovese, City Manager [end of signatures] 2671015610-0046 4 f\'1 A 1159881.01 a03/07/I1 0l ATTACHMENT 5 ,Abib CALIFORNIA DISCLOSURE REGARDING REAL ESTATE.AGENCY RELATIONSHIP ASSOCIATION (Selling Firm to Buyer) OF REA LTO1lSV (As required by the Civil Code) (C.A.R. Form AD, Revised 11109) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent In the transecuon. SELLER'S AGENT A Sellers agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seiler. A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) diligenttattention and observation of, the all facts known to e parties. An agent is nottobl gated tovalue reveal to either partyOf anyany property that ial information obtained from the Other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Settees agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer ties the following affirmative obligations: To the Buyer. A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not (mown to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other parry that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A reef estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seiler and (he Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyally in the dealings with either the Seller or the Buyer. (b) Other duties to the Seiler and the Buyer as stated above In their respective sections. In representing both Setter and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller Will accept a pricy less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction..'A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult Competent professional. Throughout your rest property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in yourspecific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079 1'Inclusive. of the Civil Code set forth on page 2. Read it carefully. UwrE ACKNOWLEDGE RECEIPT OF A COP IS,DISCLOSU HE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). yP Date 03/07/20.11 0 Buyer 0 Seller ❑ Landlord ❑ Tenant he City of La Quinta. %7/aHr.tS 10 60Keve. el ❑ Buyer ❑ Seller ❑ Landlord ❑ Tenant CY>v AirA`Y.4f <,g- Date Age n La inta alms Realty ORE Lie.#OC915271 — By �— Real Estate Broker (Firm) ORE Lic. #SAME Dale _ 5/1 if (� soerson r Broker•Assoaam! Bsnue Cathcart AGENCY DISCLOSURE COlvPLIANCE (Civil Code §2079.14): t�When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a terentlAD (o rn signed by BuyerfTenant. •\When SRIIer/Landlord and Buyer/Tenant are represents by different brokerage companies: (I) the Listing Agent shall have one AD form signed by �6e'IferlLa dr rd and (it) the Buyeesfienant's Agent tkha9 have one AO form signed by BuyedTenant and either that same or a different AD form 3en,e$,to Selledd( riclord for signature prior to presen)Fanon of the niter. It the same form is used, Seller may sign here: `` �ftnF'llTelPirDate Jamey F. , I_ The copyright lava, of lh� United Slates (Tine 17 U.S. Cede) forhi'C the unauthorized reproduction of this form, or any potion thereof, by photompY machine or any o er means, lnduding!acsimila orcomputerized formats. Copyright ©1991 �2009, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL MONA RESERVED. THIS FORA1 HAS SEEN APPROVED BY THE CALIFORNIA ASSOCWTION OF RE LTORSm (CAR.). NO REPRESENTATION 15 MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ES'rA'rE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This is ton fis may used le for use by the by allies flATIONAL ASSOCIATION Iit ATs n t intended tORS®twho subscribe to dthe user as a s AodeR0. ElRFALTORG is a reg'stered collective mambeBhip mark of PuNhhcd aTi Dlsoio t d by: ,�,,, REALESTATEaUSer ss sEr1M^11S, INC a, Wiieeyathe Cakf=l,A.Wia0miofREALTOPSO Reviewed by Dale rnvxlwuswc s s25sea veg9 Amiss. Los Ang:As, earieed. Sg920 Oii:M14MIY AD REVISED 11109 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL_ ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) _ .. van RRa di nn Fax: 760.564.0344 Prepared using zipForm® software Cc 51-001 Eisenhower Drive La 0243 CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24 (2079.16 APPEARS ON THE FRONT) 2079,13 As used In Sections 2079.14 to 2079.24. inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of title 0 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b)1 "Associate licensee' means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of part'I of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written conladwith a broker to act as the brokers agent in connection with acts requiring a real estate license and to function under the brokers supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer' means a transfereeina real property transaction, and Includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory or preliminary manner, with the object of entering into a real prope transaction. "Buyer' includes vendee or lessee, (d) "Dual agent" means an agent acting, either directly or through an associate licensee., as agent for loot the seller and the buyer In a real property transaction. (a) "Listing agreement" means a contract between an owner of real property and, an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real propertto ad as an agent for compensation. (9) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (h) "Offering price" is the amount expressed In dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (1) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the contact for the sale of the teat property upon acceptance by the seller. 0) "Real property" means any estate specified by subdivision (1) or (2) of Section con in property which constitutes or Is improved with one to four dwelling units, any leasahold in this type of property exceeding one years duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (it) transacti on. and intransaction' ludes a listing or an offers to !purchase. (1) Selle l" "Seal afe," !ich refers to aant is transactioln employed heu trne ansfer of ealore of lhe p Property fromto act in that the seller to the buyer, and Includes exchanges of real properly between (fro seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2965, and transactions for ilia creation of a leasehold exceeding one years duration. (m) "Seiler" means the transferor in a real property transaction, and Includes an owner who lists reel property with an agent, whether or not a transfer results, or who receives an offer to purchase real properly of which he m she is the owner from an agent on behalf of another. "Salter' Includes both a vendor and a lessee (n) "Selling agent' means a. listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real propert) or an agent vino locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller le "Subagent" means a person to whom an agent delegates agency pourers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, 'subagent' does not Include an associate licensee who Is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the d isclosure form, except In Section 2079. 6, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from Ill. ¢r buyer, except as rovided In this section or Section 2079.16 as follows: (a) The listing agent, if any, shelf provide the disclosure form to the seior en entering into the,sting agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presentiseller with an offer topurchase, unless the selling agent previously provided the segOrwith a copy of the disclosure form pursuant to subdivision (a).here.the selling agentdoes not deal on a face-to-face basis with the sellerthe disclosure form prepared by the selling agent may be fud to the seller (andacknowledgement of receipt obtained for the selling agent from the seller) by the Ittigt,or the selling agent may dehe disclosure form bycertified mail addressed to the seller at his or her last knovm address, in Which case no signed acknowledgement of receiptuired. (d) The sellingas practicable prior to execution of the buyer's offer to purchaspt their if the offer tontshallpresent thedisclosurform to the buyer not later than thebusiness day after the selling agent receives the offer to purchase from the buyer, 2079.15 In any circumstance in vrhich then seller or buyer refuses to sign r) eck ration game f of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the tads of the refusal. 2079.16 Rep;oduc¢d on Page i of lilts AD forth. 2079A7 (a) As soon as practicable, the sell[ng agent shall disclose to the buyer and sellerwhether the selling agent is acting in the teat property transaction exclusively as the buyers aoen� exclusively as the sellers agent, e as a dual agent cured Of a both the buyer and the seller. This relationship shall be confirmed m the contract to pure lase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the 11 As seen as practicable. the listing agent shall disclose to buyer and the seller, respectively. (b the seller whether the listing agent is acting in the real party transaction exclusively as the sellers agent, or as a dual agent representing both the bu)'er and seller. This relationship shall be confirmed in the contract to purchase and sell real properly or In a separate writing executed or acknowledged by the seller and the listing agent prior to or Go! nddent with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shali be m the following form. (4,P+IiOT,G6Il1PCEj'E; 5AMP.LE,ON(-Yf is the agent of (check one): ❑the seller exclusively; or ❑both the buyer and seller. aloe of Sn9 Agent i,rg,i .. _: w"' "s{b0 NO}` GOMP'L•E,TE, SAMPf.L. CINL) '„ is the agent of (check one): ❑ the huger exclusively; or O the seller exclusively; or (Name of 5cllirq Agent If not me same as the Listing Agent) ❑ born the buyer and seller. (d) The disclosures and confvmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079,18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by file seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific farm of agency relationship net specifically prohid with. bited by this article if the requirements of Section 2079,14 and Section 2079.17 are compile 2079.21 A dual agent shall not disclose to the buyer that theseller iswilling to sail the property at a price lass than the listing price, without the express 2079. consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not slier in any way he duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance ofthe act which is the object of the agency with the written consent of the parties to the agency relationship. rs sellers s2079.24 uubagene; In this to are! be construed to eve agents and their associate ssoinish ciat Ihe licensees, lsubagenOf ts' Oweds, and employees from figW)(-) for hn conductd their snoGannecciate tionawith ads govemad by this article or for any broach of a fiduciary duly or a.duty of disclosure. BuyersffenanYs Initials (Selle isflandlord Initials ( Copyright& 1991.2009, CALIFORNIA ASSOCIATION OF REALTORS& INC. r�wy�ew+:c AD REVISED 11109 (PAGE 2.OF 2) Reviewed by 'ti e Kelly 11i:r Off r DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OP 2) 0244 .4-®' CALIFORNIA 01 7 ASSOCIATION �v OF REALTORS" Ir VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (C.A,R. Form VLPA, Revised 4110) Date Msrch 7, 2011 _ 1, OFFER: ("Buyer"). A. THIS IS AN OFFER FROM The Cit of La Uinta B. THE REAL PROPERTY TO BE ACQUIRED is described as Lots 69 r 70 M11 02i/060 DPse t Club Tr Unit 4 ,Assessors Parcel Note). ^^ -°^x-nno Ma situated in .Le Ol inta County of Riverside . Californla. ("Property'). C. THE PURCHASE PRICE offered is ix Hundred 2'h rt - ive Th O and coc nnn n0 (Dollars $ ) D. CLOSE OF ESCROW shall occur OR (date) (or N) 30 Days After Acceptance). 2. AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representation agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with Competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby connrmed for this transaction: Print Firm Name) is Listing Agent Coldn 11 Bank'Bank'r Comm rci 1 1,111e s Assoc. the agent of (check one): ® the Seller exdusively; or ❑ both the Buyer and Seller, (Print Finn Name) (if not the Selling Agent - t ou" t Palmaliealtdt_ same as the Listing Agent) is the agent of (check one): 0 the Buyer exclusively; or ❑ the Seller exclusively: of [3both the Buyer and Boller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. S 51 000. 00 . A. INITIAL DEPOSIT: Deposit shall be In the amount of ...................................... . . (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, 0 electronic funds transfer, ❑ Other within 3 business days after acceptance (or 0 Other )f to OR (2) (!f checked) C] Buyer has given the deposit by personal check (or [J ) the agent submitting the offer (or to ❑ made payable to . The deposit shall be held uncashd until Acceptance and then deposited with Escrow Holder (or 0 into Brokers trust account) Within 3 business days after Acceptance (or ❑ Other ) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of ..... S within Days After Acceptance, or❑ C. LOAN(S) , g (1) FIRST LOAN In the amount of ........................... . This loan will be conventional financing or, if checked, FHA., VA, ❑ Seller (C.A.R. Form SFA), 0 assumed financing (C.A.R. Form PAA), 0 Other . This loan shall be at a fixed rate not to exceed % or, 0 an adjustable rate loan With initial rate not to exceed Regardless of the type of loan, Buyer shall pay points not to exceed of the loan amount. (2) ❑ ..... .... SECOND LOAN in the amount of . , .. , it c "' ' � S F A � � � assumed financing This loan will be Conventional financing or, if checked, � Boller (C.A.R. Form SFA), � (C.A.R. Form PAA), ❑ Other . This loan shall be at a fixed rate not to exceed %or, an adjustable rate loan with initial rate not to exceed Regardless of the type of loan, Buyer shall pay points not to exceed %of the loan amount. S D. ADDITIONAL FINANCING TERMS: .............. h......... $ 630, 000. 00 E, BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of ......... .I ; to be deposited with Escrow Holder within sufficient time to close escrow. Ii!�_ 695, 000, 00 . . .Sellers Initials (�) ( ) F. PURCHA (TOTAL): ..................... Buyer's initials ( 1 ( ) " ,® If i to laws of> Unlo4 Stara: (ritla 17 V.S. codo) rw[!j the wauNmi ed �J Tire ¢v1^ 9 woct,'J ma'N'10 or ary ulhcr- wP'oCuc.lnn p1 Ihla form. or aoy Poeion lEn'-f, ty yn i.' Dalo e:noa+°eliv maxro, :ndutmB raalm!le iavfed try or competaArr+d fannala. Copyr�el:l ff 10£e-20te, Rev CALIFORNIA ASSOCIATION OF REACrORSO, INC. ALL RIGHTS RESERVeM VLPA REVISED 4110 (PAGE 1 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10) Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.664.0344 Prepared using ziPPOMO software nrcakee La Ouinta Palms Real Estate CO 51.001 Eisenhower Drivn La Quinta , CA 92253 0?45 Property; Lots 69 6 7D Bib 0211060 pesarP Writ, Tr !/nit d _ Date: March 7 2011 G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's tender or loan broker pursuant to 3H(1)) shall, within 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (If checked, 0 verification attached.) H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or [] ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker stating that, based on a review Of Buyers written application and credit report. Buyer is prequalifled or preapproved for any NEW loan specified in 3C above. (If checked letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated x2r(s). Obtaining the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. Buyer's contractual obligations to obtain and provide deposit, balance of down payment and closing costsare not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: (i) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing remove the loan contingency or cancel this Agreement; OR (it) If checked) 0 the loan contingency shall remain in effect until the designated loans are funded. (4) ® NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a Contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyers deposit or other legal remedies. 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement Is (OR, If checked ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there Is a loan contingency, Buyer's removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 198(3), in writing remove the appraisal contingency of cancel this Agreement within 17 (or ) Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 19B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or Days After Acceptance. J. ALL CASH OFFER (if checked): Buyer shall, within 7 (or ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to dose this transaction. (If checked Q verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyer's representation of the type of financing specified (including but not limited to, as applicable, amount of down pavmam, contingent or non contingent loan, or ag cash). 1f Buyer seeks alternate financing, (i) Seller has no obligation to cooperate with Buyers efforts to obtain such financing. and (it) Buyer shall also pursue the financing method specified In this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified In this Agreement. L. SELLER FINANCING: The following terms (or [_T (if checked) the terms specified in the attached Seller Financing Addendum (C.A.R. Form SFA) apply ONLY to financing extended by Seller under this Agreement. er's of Buyers credit report. (1) BUYER'S CREDITWORTHINESS: Buyer authorizes Seller and/or Brokers to obtain, at Buyer's expense, a copy Y P Within 7 (or ❑ ) Days After Acceptance, Buyer shall provide any supporting documentation reasonably requested by Seller. (2) TERMS: Buyers promissory note, deed of trust and other documents as appropriate shall incorporate and implement file following additional terms: (1) the maximum interest rate specified in paragraph 3C shall be the actual fixed interest rate for Seller financing; (it) deed of trust shall certain a REQUEST FOR NOTICE OF DEFAULT on senior loans; (if!) Buyer shall sign and pay for a REQUEST FOR NOTICE OF DELINQUENCY prior to Close Of Escrow and at any future time if requested by Seller; (iv) note and deed of trust shall contain an acceleration clause making the loan due, when permitted by law and at Sellers option, upon the sale or transfer of the Property or any interest of a Iit; (v) note shell contain in late charge er 6Ye of the Instaldue (orb ) if the installment Is not received within o 10 days of the date due; (vi) title Insurance coverage in the form of a joint protection optic') shall be provided insuring Seller's deed of trust Interest In the Property (any Increased cost over owner's policy shall be paid by Buyer); and (vii) tax service shall be obtained and paid for by Buyer to notify Seller if property taxes have not been paid. (3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to Close Of Escrow shall require Sellers written consent. Seller may grant or withhold consent in Setters sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity. M. ASSUMED OR "SUBJECT TO" FINANCING: Seller represents that Seller Is not delinquent on any payments due on any loans. Seller shall. within the time specified in paragraph 19, provide Copies of all applicable notes and deed$ of trust, loan balances and current interest rates to Buyer. Buyer shall then, as Spooned in paragraph 198(3), remove this contingency or cancel this Agreement. Differences between estimated and actual loan balances shall be adjusted at Close Of Escrow by cash down payment. Impound ac,cUmS, if any, shalt be assigned and charged to Buyer and credited to Seller. Seller is advised that Buyer's assumption of an existing loan may not release Seller from liability on that loan. If this is an assumption of a VA Loan, the sale is contingent upon Seller being provided a release of liability and substitution of eligibility, unless otherwise agreed in writing. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lenderto tail the loan duo, and the consequences thereof. e 4. ALLOCATION OF COSTS (It checked): Unless Otherwise specified in writing, this paragraph only determines who is to pay for the inspection, test or service ("Reporf') mentioned; it does not determine who is to pay for any work recommended or identified In the Report. A. INSPECTIONS AND REPORTS: (1) ❑ Buyer ❑ Seller shall pay to have existing septic or private sewage disposal system, if any, inspected (2) Buyer [] Seiler shall pay for costs of testing to determine the suitability of soil for sewage disposal (3) Buyer [] Seller shall pay to have existing wells, if any. tested for water potability and productivity( \( l) Sellers Initials ( �/j ) ( ) Buyers Initials (�&) (_,_'_.___) Copyright 91Pa3-20f0, CAUFORNIA ASSOCIATION OF REALTORSID, INC. Ravicued by Date vfoaiviiiV VLPA REVISED 4110 (PAGE 2 OF 10) Kolly Oiler VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 10) 0246 Property: ! is 69 a 70 M> OZ /060 Desert Club S v _ "t a Date: March 7. 2011 P Y� (4) ❑ Buyer Q Seller shall pay to have Property comers Identified (5) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclasure report prepared by (6) ❑ Buyer ❑ Seller shall pay for the following Inspection 01 report (7) ❑ Buyer ❑ Seller shall pay for the following inspection or report B. ESCROW AND TITLE: (1) ® Buyer ® Seller shall pay escrow fee Fach W Da;.e._`"''' ^ `" Escrow Holder shall be not= seasons Zs=ov (2) ❑ Buyer Seller shall pay for owner's title insurance policy specified in paragraph 15E Owners title policy to be issued by (Buyer shell pay for any tide insurance policy insuring Buyers Lender, unless otherwise agreed In writing.) C. OTHER COSTS: (1) ❑ Buyer ® Seiler shall pay County transfer tax or transfer fee (2) ❑ Buyer 0 Seller shall pay City transfer tax or transfer fee (3) ❑ Buys: []Seder shall pay Homeowners' Association ("HOA ")transfer fees (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) 0 Buyer ❑ Seller shall pay for (6) ❑ Buyer ❑ Seller shall pay for r- PM, ❑on the date of Close Of Escrow;5. POSSESSION AND KEYS: Possession shall be delivered to Buyer at 5PM or .t 0; 00 (yj AM ❑ ❑ on : or❑ no later than _ Days After Close Of Escrow. The Property shad be unoccupied, unless otherwise agreed in writing. Seiler shall provide keys andlor means to operate all Property locks. If Property is located in a common interest subdivision. Buyer may be required to pay a deposit to the Homeowners' Association ("FICA") to obtain keys to accessible HOA facilities. 6. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS: A. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified In paragraph 19, deliver to Buyer if required by Law: (i) earthquake guides (and questionnaire) and environmental hazards booklet; (11) disclose If the Property is located in a Special Flood Hazard Area; Potential Fooding (Inundation) Area; Vey High Fire Hazard Zone; State Fire. Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (ill) disclose any other zone as required by Law and provide any other information required for those zones. B. WITHHOLDING TAXES: Within the time specified in paragraph 19A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply w th federal (FIRPTA) and California withholding Law (C.A.R. Form AS or QS). C, MEGAN'S LAW DATABASE DISCLOSURE: Notice; Pursuant to Section 290,46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at vmw.meganslaw.ca.gov. Depending on an offenders criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information; Broker recommends that Buyer obtain Information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area. 7. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: A. Within the time specified In paragraph 19, if Seller has actual knowledge, Seller shall provide to Buyer, in weUng, the following information: (1) LEGAL PROCEEDINGS: Any lawscits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency In the Property or common areas, or any known polices of abatement or citations filed or issued against the Property. (2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson ACt (Government Code §§51200-51295). (3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Properly is in, or adjacent ta, an area with Right to Fan rights (Civil Code §3482.5 and §3482.6). (5) ENDANGERED SPECIES: Presence of endangered. threatened,candidate' species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks. and contaminated soil or water on the Property. (7) COMMON WALLS: Any features of the Properly shared in common with adjoining landowners, such as wells, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property. (8) LANDLOCKED: The absence of legal or physical access :o the Property. (9) EASEMENTS/ENCROACHMENTS: Any encrcachments, easements or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PR013LEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property or any of the structures from fire,. earthquake, Floods, or Iandsiides. (13) ZONING 18SUES: Any zoning violations, non -conforming uses, orviofations of "setback" requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise prebiems, or other nuisances. B. RENTAL AND SERVICE AGREEMENTS: Within the time specified in paragraph 19, Seller shall make available to Buyer for inspection and review, ail current leases, rental agreements. service contracts and other related agreements, licenses, and permits pertaining to the operation or use of the Property. C. ❑ TENANT ESTOPPEL CERTIFICATES: (If checked) Vlrithin the time specified in paragraph 19, Seller shall deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Sellers agent, and signed by tenants, acknowledging: (1) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (H) that no lessor defaults exist; and (Ili) stating the amount of any prepaid rant or security deposit. a notice D. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified In paragraph 19, Seller shalt (p make good'Yi[h effort to obtainursuant from ••the any local agencies that levy a special tax or assessment on the Property (or, if allowed, substari Ily equivalent notice), p Mello -Roes Commigility Facilities Act, and improvement Bond Act of 1915. and (if) promptly deliver to Bta<i,r/ ny such notice obtained. Buyers Initials () ( ) Sellers Initials ( Copyn9nt S1109G-2010, CALIPORNIA ASSOCIATiDfI OF REALT0R90.INC' Reoiewed by Dale fMF.I'JY.iY VLPA REVISED 4110 (PAGE 3 OF 10) 1 , Kelly Offer VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 10) i i 0247 Date: Hnrch 7, 2011 Property! Lot,,, 69 6 70 Mb 021/060 Desert CLlrb Tr 't 0 8. CONDOMINIUM/PLANNED UNIT DEVELOP MENT DISCLOSURES: A. SELLER HAS: 7 (of I--]. ) Days After Acceptance to disclose to Buyer whether the Property Is a condominium. or is located in a planned development or other common Interest subdivision (C.A.R. Form VLQ). 8. If the Property is a condominium, or located in a planned unit development or other common Interest subdivision, Seller has3 (or ) Days Aft tAcoepence to request from the HOA (C.A.R. Form HOA): (1) Copies of any documents required by Law. (it) disclosure of any pending or anticipatedclaim or litigation by or against the HOA; (Ili) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAS governing the Property (collectively, "CI Disclosures") and (vi) the following if Seller has actual knowledge: (a) any material defects in the condition of common area (such as pools, tennis courts, walkways or other areas co.Owned in undivided interest with other); and (b) possible lack of compliance with HOA requirements. Seller shall itemize and Deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Sellers possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified In paragraph 148(3). 9. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, Information or representations previously provided to Buyer of which Buyer is Otherwise unaware, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent Or amended disclosure shall not be required for conditions and material Inaccuracies disclosed in reports ordered and paid for by Buyer. 10. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes" subject to Buyer's rights alter.nPara dlpy 1 : (1) rent or tease any part of the premises; (it) alter, modify or extend any existing rental or lease agreement; (li)ienter Into, nd any service contract(s); or fiv) change the status Of the condition of the Property. B. At least 7 (or ) Days prior to any Proposed Changes, Seller shall give written notice to Buyer of such Proposed Changes. 11, ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded In the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified In 115 or C, B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) The following items: (3) Seller represents that all items included fn the purchase price, unless othonvise specified, are owned by Seller. (4) All items included shall be transferred free of liens and without Seller waranty. C. ITEMS EXCLUDED FROM SALE: 12. CONDITION OF PROPERTY: Unless otherwise agreed: If) the Property is sold (a) in its PRESENT physical ("as condition as of the date of Acceptance and (b) subject to Buyer Investigation rights; (if) the Property is to be maintained in substantially the same condition as of the date of Acceptance and (Ili) ❑ (if checked) All debris and personal property not Included in the sale shall be removed by Seller by Close Of Escrow. A. SELLER SHALL, within the time specified In paragraph 19, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AFFECTING THE PROPERTY AND MAKE ALL OTHER DISCLOSURES REQUIRED BY LAW. S. Buyer has the right to Inspectthe Properly and, as specified In paragraph 198. based upon information discovered In those inspeciions: (i) carical this Agreement; or (if) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to important. nfna its present r condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not he built according to code, in compliance with current Law, or have had permits issued. 13. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyers acceptance of the condition of, and any other matter affecting the Property, Is a contingency of this Agreement as specified in this paragraph and paragraph 190. Within the time specified in paragraph 1913(1), Buyer shall have the right, at Buyer's expanse unless otherwiso agreed, to conduct inspections, Investigations, tests, surveys and other studies ("Buyer Investigations"). including, but not limited to, the right to: (I) inspect for lead -based paint and other lead -based paint hazards; (11) inspect for wood destroying pests and organisms; (Ili) review the registered sex offender database; (Iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the attached Buyers Inspection Advisory (C.A.R. Form BIA), Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) Invasive or destructive Buyer Investigations; or (11) Inspections by any governmental building Or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (f) as specified in paragraph 196, complete Buyer Investigations and, either remove the contingency or cancel full Agreement, and (if) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. a C. Buyer indemnity and Seller protection for entry upon property: Buyer shall; (I) keep the Property free and clear of liens; (it) repair aft damage arising from Buyer Investigations; and (ill) indemnify and he Seller harmless from all resulting liability, claims, demands, damages and costs of Buyers Investigations. Buyer shalt carry, Or Buyer shall require anyone acting on Buyers behalf to carry. policies Of 1f3bilify, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any Injuries to persons or property Occurring during any Buyer investigations or wont done on the Property at Buyers direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a otice of Nan-responslhllity' (C.A.R. Form NNR) fOr Buyer investigations and work done the Property at "N Buyers direction. Buyers obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. fir Sellers Initials (?z) ( ) Buyers Initials ( ) ( ) J1 (Ol/A14Ji3W Copyright®1996-2010. CALIFORNIA ASSOCIATION OF REALSORS0. INC. Revlraad by —, —_ Date cPParn::Uy VLPA REVISED 4M0 (PAGE4 OF 10) Kelly Offer VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 4 OF 10) 0248 Progeny; Tote 69 G 90 Mb 0221060 npS.rt Club Tr nit 4 Date: Mercb 7. 2011 BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE ODESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW, IIF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS, BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN THIS PARAGRAPH 13, UNLESS OTHERWISE AGREED IN WRITING. E. SIZE, LINES, ACCESS AND BOUNDARIES: Lot size, property lines, legal or physical access and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements or similar matters that may affect the Property. (Fences, hedges, walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified In writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.) F. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and Inspections. Any zoning violations, non -conforming uses, or violations of "setback" requirements. (Buyer should also investigate whether these matters affect Buyers Intended use of the Property,) G. UTILITIES AND SERVICES: Availability, Costs, restrictions and location of utilities and services, including but not limited to, sewerage. sanitation, septic and leach lines, water, electricity, gas, telephone, cable T and drainage. n H. ENVIRONMENTAL HAZARDS: Potential environmental hazards, g, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic roads, nuclear sources, and other substances, including mold (airborne, toxic or otherwise), fungus or similar contaminant, materials, products or conditions, sliding, 1. GEOLOGIC CONDITIONS: Geologiclseismic conditions, soil and terrain stability, suitability and drainage including any slippage, 9, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems. (Inundation) Areas, Very High Fire Hazard Zones, State Fire d NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law. K. PROPERTY DAMAGE: Major damage to the Property or any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landsiides or other causes. L. NEIGHBORHOOD, AREA AND PROPERTY CONDITIONS: Neighborhood or area conditions, including 5 andAgricultural 8 Use Restrictions puruant to the Williamson Act (Government Code §§51200-51295), Right To Farm Laws (Civil Code §- § ), schools, proximityand adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability. adequacy and cost of any speed -wired, wireless internet connections or other telecommunications or other technology services and Installations, proximity to commercial. Industrial or agricultural activities, existing and proposed transportation, Construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected slips or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions. and possible lack of compliance with any governing documents or Homeowners' Association requirements, Conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. M. COMMON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such pools, tennis courts, walkways, or other areas co -owned in undivided Interest with others), Owners'. Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any owners'Association requirements. N. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello -Roos Community Facilities Act or improvement Band Act of 1915. 0. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants and the right of a landlord to terminate a tenancy. P. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property. 14. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 19A, complete and provide Buyer with E Sailer Varani Land Quaslionaire (C.A.R. Fonn VLO) a * fG.A.R. Form ADM) B. Addenda (If checKeal: — _ C. Advisories (if checked): — — - Probate Advisory (C.A.R. Form PAK) Statewide Buyer and Seller Advisory (C.A.ft. Form SBSA) LJ Trust Advisory (C.A.R. Form TA) REO Advisory (C.A.R. Form RED) D. Other Tormw r. I �_ Sellets initials (1 ) ( )Ja Buyers Initials( ) ( ~) "r ,mw Copyright f0 f ag0-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Revleaed by 12Dale o»in ... T, VLPA REVI5ED 4110 (PAGE 5 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 1Kelly ti Y Offer 02149 Property: tote 69 6 70 YfU 0221060 nasart club Tr Vnit 4 Data: March 7, 2012 15, TITLE AND VESTING: A. Within the time specified in paragraph 19, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shall within 7 Days After Acceptance, give Escrow Holder a cumpleted'Slatement of Information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title, Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 198. B. Title is taken in Its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (li) those matters which Seller has agreed to remove in writing. C. Within the tone specified in paragraph 19, Setter ties a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow Instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. provide E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may p greater coverage for Buyer. A title company. at Buyers request, can provide information about the availability, desirability, coverage, survey requirements, and cost of various title insurance coverages and endorsements. if Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 15. SALE OF BUYER'S PROPERTY: A. This Agreement is NOT contingent upon the said of any Properly owned by Buyer. OR B. ❑ (If checked) The attached addendum (C.A.R. Form COP) regarding the contingency for the sale of property owned by Buyers incorporated into tills Agreement. 17. ❑ MANUFACTURED HOME PURCHASE (If checked): The purchase of the Property is contingent upon Buyer acquiring a personal property manufactured home to be placed On the Property after Close Of Escrow. Buyer ❑ has ❑ has not entered into a contract for the purchase of a personal property manufactured home. Within the time specified in paragraph 19, Buyer shall remove this contingency or cancel this Agreement, (OR, If checked, ❑ this Bent igancy shall remain in effect until the Close Of Escrow of the Property). 10. ❑ checked): The LOAN FINANCING (If checkThe purchase of the Property is contingent upon Buyer obtaining a canstruclion loan. A draw from the construction loan ❑ will ❑ will not be used to finance the Property. Within the time specified in paragraph 19. Buyer shall remove this contingency or cancel this Agreement (or, if checked, ❑ this contingency shall remain In effect until Close Of Escrow of the Property). 19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered,• modified or changed by mutual written agreement. Any romoval of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 3M, 4, SA and B, 7, SA, 12A, 14A and 8, and 15. Buyer may give Sel!er a Notice to Seller to Perform (C.A.R. Form NSP) if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ❑ _ ) Days After Acceptance, unless otherwise agreed In writing, to complete all Buyer Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all other matters affecting the Properly (including lead -based paint and lead -based paint hazards as well as other information specified in paragraph 6 and insurability of Buyer and the Properly). (2) Within the time specified in 198(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyers requests. (3) Within the time specified in 1913(1) (or as otherwise specified in this Agreement), Buyer shall. Deliver to Seller either (1) a removal of the applicable contingency (C.A.R. Form CR), of (it) a cancellation.(C.A.R. Form CC) of this Agreement based upon a remaining contingency or Seller's failure to Deliver the specified items. Hvvever, if any report, dlsclosufe or information for which Seller is responsible is not Delivered within the time specified in 19A, then Buyer has 5 (or ❑ ) Days After Delivery of any such items, or the time specified in 193(t), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 19B(1) and before Seller cancels this Agreement, if at all, pursuant to 19C, buyer retains the right to either (i) in writing remove remaining contingencies, or (k) cancel this Agreement based upon a remaining contingency or Sellers failure to Deliver the specified items, Once Buyers written removal of all contingencies is Delivered to Seller. Seller may not cancel this Agreement pursuant to 19C(1). G. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, within the time specified in this Agreement, Buyer does not, in writing, Deliver to Seller a removal of the applicable contingency. or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perioml(C A.R. Fort NSP) may cancel this Agreement. In such event, Seller shall authorize return of Buyers deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons: (1) if Buyer fails to deposit funds as required by 3A or 38; (it) if the funds deposited pursuant to 3A or 3B are not good when deposited; (lii) if Buyer fails to Deliver a letter as required by 3H; (iv) if Buyer fails to Deliver verification as required by 3G or 3J; or (v) it Seller reasonably disapproves of the verification provided by 3G or 3J or the credit report or supporting documentation pursuant to 3td. In such event, Seller shall authorize return of Buyers deposit. (3) Notice To Buyer To Perform: The NBP shall: (f) be in writing; (11) be signed by Seller, and (it!) give Buyer at least 2 (or ❑ ) Days After Delivery (or until the time specified in file applicable paragraph, whichever occurs last) to take the applicable action. A NBP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 190(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: if Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that con rigellcy or cancellation right conclusively be deemed to have: (1) completed all Buyer Investigations, and review of reports and other applicable)i f rTation and disclosures; (it) elected to proceed with the transaction; and (111) assumed all liability, responsibility and expense for Repai ,d-,conections or for inability to obtain financin d ) { ) Sellers Initials ( )+;,__,_. Buyer's Initials ( - )(—) ,r eYreu�tiui v Copyright 01996-2010, CALIFORNIA ASSOCIATION OF RFIATOR90, INC. Reviewed by Date �-- VLPA REVISED 4110 (PAGE 6 OF 10) Kelly Offer VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 5 OF 10) f 0250 Property: Lots 69 6 70 M, 0211060 Danivil it d Date: Mazeh 7 2011 E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first give the other a demand to close escrow (C.A.R. Form OCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Byer or Seller gives w•ri ten notice of cancellation pursuant to rights duly exercised antler the terms of this Agreement, Buyer and Seller agree to Sign mutual Instructions to cancel the sale and escrow and release deposits, if any, to the pally entitled to the funds, less fees and costs incurred by that party. Fees and Costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release instructions from Buyer and Seller, judicial decision or arbitration award. 20, FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within 6 (or )Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (I) Ilia Property is maintained pursuant (o paragraph 12; III) Repairs have been completed as agreed; and (it!) Seilerhas complied with Sellers other obligations under this Agreement (C.A.R. FORM VP). 21. ENVIRONMENTAL HAZARD CONSULTATION: Byer and Seller acknowledge: (1) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (III Brokers) has/have made no representation concerning the applicability Of any such Law to this transaction or to Buyer or (o Seller, except as otherwise indicated in this Agreement„(iii) 9foker(s) haslhave made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, If any, located one, potentially affecting the testing, discovery, location and evaluation of/for, and Seller are each advised to consult with technical and legal experts concerning the existence, nd; and (iv) Buyer and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 22. PRORATION$ OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow. real property taxes and assessments, Interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are a current lien. The fallowing items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bends ts hat re a current ll be reassessed upon change of Ownership. Any supplemental tax bills shall be paid aassessments and HOA special s folilows a(1) for periodsirafter en Close Of Escrot yet due. w, by Buyer, nld (1) for periods prior to Close Of Escrow, by Seller. See C.A.R.Fonn SPT or SBSA for further information. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 23, SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any ventlors, service or product providers ("Providers"). whether referred by Broker or selected by Byer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICEfPROPERTY DATA SYSTEM: If Broker is a participant a e IMultlose iple Esorowing Service rvice sales pnceor Property they Data System of this ("PDS"), Broker Is authorized to report to the NILS or PDS a pending sale and, up transaction shall be produced to the MILS to be published and disseminated to persons and entities authorized to use the information on terms approved by the AILS or PDS. 25. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 26. ATTORNEY FEES: in any action, proceeding, or arbitration between Buyer and Seiler arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer, or Seller, except as provided in paragraph 31A. 27. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is deiivered to cold personally received by the other party orthat partyts authorized agent in accordance with the terms of this offer or a final counter offar. B. "C.A.R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title, is recorded. D. "Copy" means copy by any means Including photocopy, NCR, facsimile anal electronic. E. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall Instead be the next Day. F. "Days After" means the specified number of calendar days after the occurrence of the event specked, not counting the calendar date on which the specified event occurs, and ending at 11;59 PM on the final day- G. "Days Prior' means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Dclivor', "Delivered" or "Delivery", regardless of the method used (i.e. messenger, mail, email, fax, other); means and shall be effective upon (i) personal receipt by Buyer or Seller or the individual Real Estate Licensee fcr that principal as specified in paragraph D of the section titled Real Estate Brokers on page 8; OR III) if checked, Q per Iha attached addendum (C.A.R. Form RON). i. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Geller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement Wthoul the knowledge and consent of the other party. tion, rule or order, which is adopted by a controlling city, county, state or fedora J. "Law" means any law, code, statute, ordinance, regula legislative, judicial or executive body or agency. K. "Repairs" means any repairs (Ineluding pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy m- any counterpart. 28. BROKERS: A. BROKER COMPENSATION Seller or Buyer, or both, as applicable, agrees to pay compensation to Bro'kfer as spaci0 n n LZ a separate cowise agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or, 1 escrow doss not close, as otherwise specified in the agreement between Broker and that Seller ar Buyer, f; Sellers Initials (illi J 1( ) Buyers Inilals rmw "On uu copyright laa6.2010, CALIFORNIA ASSOCLAT10N OF RCALTORSV. INC. Revtewed by h Oate eorcmm�*r VLPA REVISED 4110 (PAGE 7 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 10) j10 Kelly Offer 0�51 Date: March 7, 2012 _ Property: rots 69 6 70 hrb 02110642 Desert riub Tr Unit 4 B. SCOPE OF BROKER DUTY: Buyer and Seiler acknowledge and agree (hat: Brokers: (I) do not decide what price Buyer should pay or Seller should accept; it) do not guarantee the condition of the Property; (ifi) do hot guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (Iv) shall not be responsible for identifying defects that are not known to Broker(s); (v) shall not be responsible for inspecting public records or permits concerning the title of use of the Property; (vi) shall not be responsible for identifying location of boundary lines or other items affecting title; (vip shall not be responsible for verifying square footage, representations of others or information contained in inspection reports. MLS or POS, advertisements, Flyers or other promotional material, unless otherwise agreed in writing; (viii) shall not be responsible for providing legal or lax advice regarding any aspect of a transaction entered into by Buyer or Seller In the course of this representation; and (ix) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 29, JOINT ESCROW INSTRUCTIO14S TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the Joint escrow Instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow. 1, 3, 4, SB, 143 and 0, 15, 16B, 17, 18, 19F, 22, 27. 2aA, 29, 33, 35, and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreemant(s) provided for in paragraph 28A, or paragraph D of the section titled Real Estate Brokers on page 10 Is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreements) and pay Out of Buyer's or Seller's funds, or hoth, as applicable, the respective Broker's compensation provided for in such abreoment(s). The terms and conditions of this Agreement not specifically referenced above in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holders general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holder's request. To the extent the general provisions are inconsistent Or conflict w;ih this Agreement, the general provisions will conuoi as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holderthat are reasonably necessary to close the escrow. O. A Copy of this Agreement shall he delivered to Escrow Bolder within 3 businEs Escrow Holder shalllprovidetance oSel❑ars Statement of Infomation to Title company when received from Seller. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for Ober purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether Orwnen Escrow Holder Signs this Agreement, C. Brokers are a party to the escrow for the $ole purpose of compensation pursuant to paragraph 28A and paragraph D of the section respectively, Real Estate Brokers on page 10, Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 28A, p y, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the. written consent of Brokers. Buyer and Seiler shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. Escrow Holder shall Immediately notify, Brokers: (1) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; er(ii) if either Buyer or Seller instruct Escrow Holder to cancel escrow. D. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holderwithin 2 business days after mutual execution of the amendment. 30, LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seiler shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree, that this amount is a reasonable sum gluon that it Is impractical or RR`teernent.trchrlellrl difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Ayteernent. Release of funds will require mutual, Signed release instructions from both Bu erg d Seller, judicial decision or arbitration awn; Buver's Initials i Seller's Initials 31. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or arl' resulting transaction, before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims vjah Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim Is presented to the Broker. Mediation fags, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (1) attar through mediation, or a before commencement of an action, refuses to commences an action without first attempting to resolve the my fees even if they mediatd to recover attorne I ttiat ety y in ansuchfact on, TH SaMEDIATION PROVISION APPLIES has been mde. then that party shall not be QWHETHER OR NOT THE ARBITRATION uPROVISION bIS INITIALED. Exclusions from this mediation agreement are specified in paragraph 31 C. B. ARBITRATION OF DISPUTES: Buyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shalt be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties Shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with 7bieleentered9 of a into rt 3 oany ecourt having of tiJurisdic on. Judgment upon the award of the arbitrators) may Enforcement of this agreement to arbitrate shall be goverried by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 31C. , t Seller's Initials gr C IF Buyer's Initials Copyright m 19996.2010, CALIFORNIA ASSOCIATION OF REALTORSO. INC. Reviewed by __.tom(-- Data error u:nry VLPA REVISED 4110 (PAGE 8 OF 10) VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 10)'1K411y Offer 0?5?, Date: March 7, 2011 Property: Lots 69 9,70 Mb 021 060 Desert Club 2r Un3t 4 "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING 1"O HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DEIGHTS CIDED YOU MIGHT POSSESS TO HAVE THE DI SDED PUTE LITIGATED CALIFORNIA N A COURT OR JURY TRIAL. BY IN 7 ALAW AND YOU ARE GIV114G UP ANYLING iN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT bl5 . ,TES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVIS,01` , 0 NEUTRAL ARBITRATION." Buyers initials t fitT Seller's Initials t, ,�-! ir, / C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (I) a judicial or non•judicialiloreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civf( Code §2985; (ip an unlawful detainer action; (III) the filing or enforcement of a mechanic's Hon; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated or compelled to mediate or arbitrate unless they agree to do so in writing. Any Brokers) participating in mediation or arbitration shall not be deemed a party to the Agreement. 32. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated In this Agreement if initialed by all parties or if incorporated by mutual agreement in a counter offer or addendum. It at least one but not all parties initial such Paragraph(s), a counter offer is required until agreement Is reached. Seller has the right to continue to offerently the Property for sale and to accept any other offer at any time prior to notification of Acceptance. If this Offer isin addendum ed eand rr ubse cation, defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, including any Copy, may be Signed in two or more CHANGES:r Time is of which Shall of the essence. Allttunle one and the same derstantl understandings betweentheparties are incorporated in this 33. TIME OF ESSENCE; ENTIRE CONTRACT; Agreement. its terms are intended by the parries as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or conlemporaneous oral agreement. If any provision of this Agreement Is held to be Ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified., this Agreement shall be interpreted and disputes shall be resolved In accordance with the laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned Unless the offer is Signed by Seller and a Copy of 34. the Signed offer is personally received by Buyer, arty La inter Parma Rea't who is aulhorizod to receive it, by 5:00 PM on the third Day after Ihls offer is signed by Buyer (or, if checked, ❑ by AM ❑ PM, on (date)). Buyer hy�� nd acknowI d > re pt of a Capy of the offer and agrees to the above confirmation of agency relationships. 03,�67/2 • 1 Date Date BUYER BUYER saP 7�for r✓ P, 6P �dl<rP C rTyr MRA E/L (Print name) (Print name) Guj n p Po+ 't.509 Quints2 9 (Address) ^ Additional Signature Addendum attached (C.A.R. Four: ASA). 35. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on • the above terms and conditions, end agrees to the above confirmation of agency relationships. Seller has read and gpowledges fat eipt of a CcoS of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. (If cheaokf/e )JSUtBJEC TO Ptfi"fACHED COUNTER OFFER (C.A.R, Form CO) DATED: Date fir} t{f!!t S ,, t �II� Date. _.. (Print name) 3 Additional Signature Addendum attached (C.A.R. Form ASA). ( / } rsonally received by Buyer or Buyer's authorized agent Confirmation of Acceptance: A Copy of Signed Acceptance was pe at AM(] PM. A bindin� Agreement is created when (Initials) on (date) a Copy of Signed Acceptance is personally received by Buyer or Buyers authorizpd3genrwhether or not confirmed in this d umant. Completion of this confirmation is not legally required in order/to cirealle a binding Agreement; it Is y intended to evidence the date that Confirmation of Acceptance has occurred. rr� Seller's Initials (_) Buyer's Initials ( 7"( ) \ Fr'- rxr,:a nc . f _Date orvmmvirr Copyright C0199aQL'f oto, CALIFORNIA ASSOCIATION OF RPA00.S'�, INCReviar+ed'py VLPA REVISED 4110 (PAGE 9 OF 10) 1 i:clly Ofla VACANT LAND PURCHASE AGREEMENT(VLPA PAGE 9 OF 10) ; 0253 properly: Lots 69 6 70 1,12, 0211060 Desert Club T Unit 4 Date: March 7 2011 REAL ESTATE BROKERS: A. Real Estate Brokers aye not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit- D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Finn) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (I) the amount speclfied in the MLS, provided Cooperating Broker Is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or(ii) ❑ (if checked) the amount specified in a separate written agreement (C.A.R. Form COO) between Lasting Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form OLT) may be used to document that tax reporting will be required or that an a ^mption exists. Real - " gt Broker (Se ' F. I) a ^11M ' v DRE Lie. # 009, 5271 By City 2 --� + B a C thee t DRE Lie # yaD Date 3 /-71 1,1 Address 51001 Eisenhower D+-. Gity La Quanta _Stale CA. Zip 92253 Telephone (7602564- 104_ Fax (7150,r;64-244 E-mailiagu+ntagalas2do. rr. con Real Estate 131nker. COrmeer£gal Lvle. C' Assoc, _ DRE Lic. B 21 0247 By Paul Nilleshei-m DRE Lic. # 01142000 Date Address 78-000 Pr d Var'na Dr Ste 200 _ City natrn Desert State CA. Zip,2 Telephone (760)625-6691 Fax (760)262-3650 E-mail ohille b ,LmFdc.rr c c ESCROW HOLDER ACKNOWLEDGMENT: o g a d ep osat in the amount of $ ) Escrow Holder acknowledges receipt of a Copy f this Agreement, (if checked,❑ counter offer(s) numbered ❑ Seller's Statement of Information and ❑ Other and agrees to act as Escrow Holder subject to paragraph 29 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions, if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seiler is Escrow # Escrow Holder Date By Address Phone/Fax/E-mail Escrow Holder Is licensed by the California Department of ❑ Corporations, ❑ Insurance,[] Real Estate. License # PRESENTATION OF OFFER: (date). ( )Listing Broker presented this offer to Seller on Broker or Desirnce initials REJECTION OF OFFER: (_ )() No counter offer is being made. This offer was rejected by Seller on (date). Sel'efs 1ni!ials Published and Disldbulcd by: REAL ESTATE BUSINESS SERVICES, INC. a subsldieryolfhe CALIFORNIA AS OF REALTORRr) Dale - onawgne ., 525 South Vhgil Avenue. Los Angeles, California 90020 Reviewed by VLPA REVISED 4110 (PAGE 10 of 10) Kelly Offer VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 10) 0 2) 5 4 CALIFOILNIA ASSOCIATION OF RSALTORSO ADDENDUM (C.A.R. Form ADM, Revised 10101) No ONE The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental ❑ 'd t' I come Properly Purchase Agreement, ❑ Commercial Property Agreement, w Vacant Land Purchase Agreement, Rasl an Ia n Purchase Agreement, ❑ other datetl March 7, 2011 , on property known as Lots 69 6 70 bBo 021 060 Desert Club The foregoing terms and conditions are hereby agreed to, and the undersigned ackno Date March 7 2011 Date G/1( Buyerrrena t ¢�- Salter/Landlord e City oP La Quinta .Nyr GCRdV'adf Buyer fenant �' %�' /L1 A`fA�F'2' Seller/Landlord receipt of a copy of this document. The COpyfight haws of the United States (TIUe 17 U.S. Code) forbid the unaull,orbed f¢production of this form, or any portion there', by pho ooepy machine or any ether means, including facsimile a cOmpulenzed formats. CopyrightO 1006.2001, CALIFORNIA ASSOCIATION OF REALTORSO. INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS (C A.M). 110 REPRESENTATION 9S MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON OUALIFIEO TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. which form is av (da le for UGGbythe members entire he NATIONAL Industry It is not ON OFintended to identify ifytits the User erias t REALTOR BE LTORQG jr,a registered Wlective membership mark e used ly I Mhhed and UianWW by x .REAL ESTATE BUSINESS SERVICES, INC. Reviewed by a5,bndiary eV 0:5 Col0mia Assxhnich of REALMRSe Date a 625 South with A,romo, tm lm2o!m, c4lorna W02g erokeror Designee [awtxw' ADM-11 REVISED 10101 (PAGE 1 OF 1) ADDENDUM (ADM-11 PAGE 1 .r 1} _. .. __., .....,., e.,..�>Rn.Bea.03d4 Prepared using zipForm®software Broker: La Quinta Palms Real 92253 Q?EJ1� Property Address: IN WITNESS WHEREOF, Buyer mad Seller each liereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: RUTANN & TUCKER, LLP City Attorney BL YER: CITY OF LA QUINTA, a California municipal corporation and charter city 8 � h�?/AiJJl homas Y. Genovese, City Manager [end of signatures] 267!015610.0046 115901,01 103/07/11 0256 ATTACHMENT 6 C A t c r o 1i [v r A DISCLOSURE REGARDING dhASSOCIATION REAL ESTATE AGENCY RELATIONSHIP OF ® (Selling Firm to Buyer) OF P E A L T O R S' (As required by the Civil Code) Y' (C.A.R. Form AD, Revised 11/09) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller ads as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyally In dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to ad as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duly of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller. (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential Information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship betwee ou and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to,2Q79 Inclusive, of the Civil Code set forth on page 2. Read It carefully. IIWE ACKNOWLEDGE RECEIPT OF A CO 07/.,.'[,'IS DISCLOSU� Ii E PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). ® Buyer ❑ Seller ❑ Landlord ❑ Tenant / GG2r72' pJi ' /LPL /h'� " Date The City of La Quinta fiIFa HASP Gr!n �✓°f� ❑ Buyer ❑ Seller ❑ Landlord ❑Tenant MAryffy l.`'!L Date Agent By 1 DRE Lia # 00915271 DIRE Lic. #SAME Date AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14): • When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant. • When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Seller/Landlord and III) the Buyer'srlanant's Agent shall have one AD form signed by Buyerrrenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here: eler an for Date Sellerli-andlord Date Michael A. Fischer The copyright laws of line United States (Title 17 U.S. Code) forbid the unaulhoraea rapmoualon or erns form, or any onion "7'N, v „ErERvv -• -• , ..............• Including facsimlfe or computerized formals. Copyright 0 1991-2009, CALIFORNIA ASSOCIATION OF REALTORSO. NC. ALL RIGHT ESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form Is available for use by the entire real estate industry. It is not Intended to identify the user as a REALTORV. REALTORO is a registered collective membership mark which maybe used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: „ REAL ESTATE BUSINESS SERVICES, INC. a subsidiaryof the Caldornia Association of REALTORSO �' 525 SouU Virgil AvenueLos Angeles, California 90020 Reviewed Dy ` m , Dale ruuANOUNN: OPPORTUNITY AD REVISED 11109 (PAGE 1 OF 2) ,? DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) ; J A.... ii� Bruce Cathcwrt Phone: 760.564.4104 Fax: 760.664.0344 Prepared using zipForm® software CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) In a real property transaction, and includes a person who Is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. Buyer" includes vendee or lessee. (d) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer In a real property transaction. (a) "Listing agreement' means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (9) "Listing price" is the amount expressed in dollars specified In the listing for which the seller is willing to sell the real property through the listing agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (I) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the contract for the sale of the real property upon acceptance by the seller. 0) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property which constitutes or is Improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained In Section 10131.6 of the Business and Professions Code. (k) "Real property transaction" means a transaction for the sale of real propertyIn which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (I) "Sell," "sale," or 'Sold" refers to a transaction for the transfer of real propertyfromthe seller to the buyer, and Includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985. and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she Is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agant" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (0) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents andselling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure fort to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent prevlously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agant does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buver. 2079.16 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associatelicensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the sellers agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or In a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seder's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. ' a; (DO NOTCOMPI.,ETE, SAMPLE ONLY)' `° is the agent of (check one): ❑ the seller exclusively; or ❑ both the buyer and seller. (Name of Listing gent _`(DO NOT:bOMPLETE$AMPLE'ONLY) is the agent of (check one): ❑ the buyer exclusively; or ❑ the seller exclusively; or (Name of Selling Agent it not the same as the Listing Agent) ❑both the buyer and seller. (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are compiled with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price, 2079.22. Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. r Buyer'sfrenant's Initials Copyright ® 1991-2009, CALIFORNIA ASSOCIATION OF REALTORST, INC. Seller's/Landlord Initials ( ) ( ) Q L J AD REVISED 11109 (PAGE 2 OF 2) Reviewed by Dale ' .WPPcn? MTY DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Mike Fischer 4 plex C' A t t F o R NIA RESIDENTIAL INCOME PROPERTY PURCHASE ASSOCIAT 101V AGREEMENT AND JOINT ESCROW INSTRUCTIONS ®� OF R F. A L'I' O R S 1' C.A.R. Form RIPA, Revised 4/10) Date: March 7, 2011 1. OFFER: " A. THIS IS AN OFFER FROM The Ci tv of La Ouinta ("Buyer). ❑ Individual(s), ❑ A Corporation, ❑ A Partnership, ❑ An LLC, ❑ An LLP, ®Other a California m=ic pal Corporation B. THE REAL PROPERTY TO BE ACQUIRED is described as 78180 A en'da La Fonda , Assessor's Parcel No. 770-124-007 situated in La Du'nta CA 92253 County of Riverside California, ("Property'). C. THE PURCHASE PRICE offered is Three R dr d Th'rt -F' a Thous d (Dollars $,$,�F ^00 00 ) D. CLOSE OF ESCROW shall occur on (date) (or ® 30 Days After Acceptance). 2, AGENCY: A. POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each acknowledge receipt of a disclosure of the possibility of multiple representation by the Broker representing that principal. This disclosure may be part of a listing agreement, buyer representational agreement or separate document (C.A.R. Form DA). Buyer understands that Broker representing Buyer may also represent other potential buyers, who may consider, make offers on or ultimately acquire the Property. Seller understands that Broker representing Seller may also represent other sellers with competing properties of interest to this Buyer. B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent La i to Palms Realty (Print Firm Name) is the agent of (check one): ❑ the Seiler exclusively; or I@ both the Buyer and Seller. Selling Agent La Ouinta Palms Real t (Print Firm Name) (if not the same as the Listing Agent) is t e agent o (check one): the Suyer exc uslve y; or n the Seller exclusively; or 0 both the Buyer and Seller. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. C. DISCLOSURE: If the Property contains 1-4 residential dwelling units, Buyer and Seller each acknowledge prior receipt of C.A.R. Form AD "Disclosure Regarding Real Estate Agency Relationships." 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of.......... ................ $ 5,000.00 (1) Buyer shall deliver deposit directly to Escrow Holder by personal check, ® electronic funds transfer, ❑ Other within 3 business days after acceptance (or ❑ Other )' OR 12) (If checked) ❑ Buyer has given the deposit by personal check (or ❑ ) to the agent submitting the offer (or to ❑ made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder (or ❑ into Broker's trust account) within 3 business days after Acceptance (or ❑ Other )' B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of... $ within Days After Acceptance, or If a liquidated damages clause is incorporated into this Agreement, Buyer and Seller shall sign a separate liquidated damages clause (C.A.R. Form RID) for any increased deposit at the time it is deposited. C. LOAN(S): (1) FIRST LOAN in the amount of.................................................................$ This loan will be conventional financing or, if checked, r'I FHA, ❑ VA, ❑ Seller (C.A.R. Form SFA), ❑ assumed (C.A.R. Form PAA), C] subject to financing, ❑ t at . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceedA %. Regardless of the type of loan, Buyer shall pay points not to exceed of the loan amount. (2) ❑ SECOND LOAN in the amount of ................. .. ... . . . . . . • • . . $ This loan will be conventional financing or, if checked, ❑ Seller (C.A.R. Form SFA), [] assumed (C.A.R. Form PAA),❑ subject to financing, ❑ Other - . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed off• Regardless o the t� loan, Buyer shall pay points not to exceed % o t e loan amount. (3) FHAIVA: For any FHA or VA loan specified above, Buyer has 17 (or ) Days After Acceptance to Deliver to Seller written notice (C.A.R. Form FVA) of any lender -required repairs or costs that Buyer requests Seller to pay for or repair. Seller has no obligation to pay for repairs or satisfy lender requirements unless otherwise agreed in writing. D. ADDITIONAL FINANCING TERMS: E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of ................................. $ 330, 000. 00 to be deposited with Escrow Holder within sufficient time to close escrow. $ 335, 000. 00 F. PURCHASE PRICE (TOTAL):.......................................................... G. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to 31-10)) shall, within 7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (If checked, ❑ verification attached.) f Buyer's Initials () ( ) Sellers Initials ( ) ( ) The copyright laws of the United States iTitle 17 U.S. Code) forbid the unauthorized �O ^ J 9 reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright 0 1998-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Reviewed by Date Eammum RIPA REVISED 4110 (PAGE 1 OF 10) nrcoslemr RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 1 OF 10) Agent: Bruce Cathcart Phone:760.564.4104 Fax: 760.564.0344 Prepared using zipForm® software 78180 Avenida La Fonda Property Address: LA Wnta. CA. 92253, Date: March 7, 2011 H. LOAN TERMS: (1) LOAN APPLICATIONS: Within 7 (or[] ) Days After Acceptance, Buyer shall Deliver to Seller a letter from lender or loan broker stating that, based on a review of Buyers written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in 3C above. (If checked, 0 letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. Buyers contractual obligations to obtain and provide deposit, balance of down payment and closing costsare not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL; (I) Within 17 (or ❑ ) Days After Acceptance, Buyer shall, as specified in paragraph 18, In writing remove the loan contingency or cancel this Agreement; OR (It) (If checked) ❑ the loan contingency shall remain in effect until the designated loans are funded. (4) ® NO LOAN CONTINGENCY (If checked): Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) ASSUMED OR SUBJECT TO FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. If Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof. I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or, if checked, ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the specified purchase price. If there is a loan contingency, Buyers removal of the loan contingency shall be deemed removal of this appraisal contingency (or, ❑ if checked, Buyer shall, as specified in paragraph 188(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or _)Days After Acceptance). If there is no loan contingency, Buyer shall, as specified in paragraph 18B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or ❑ ) Days After Acceptance. J. ® ALL CASH OFFER (If checked): Buyer shall, within 7 (or[] ) Days After Acceptance, Deliver to Seller written verification of sufficient funds to close this transaction. (If checked, ❑ verification attached.) K. BUYER STATED FINANCING: Seller has relied on Buyers representation of the type of financing specified (including but not limited to, as applicable, amount of down payment, contingent or non contingent loan, or all cash). If Buyer seeks alternate financing, (i) Seller has no obligation to cooperate with Buyers efforts to obtain such financing, and (ii) Buyer shall also pursue the financing method specified in this Agreement. Buyers failure to secure alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. ALLOCATION OF COSTS (If checked): Unless otherwise specified in writing, this paragraph only determines who is to pay for the inspection, test or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. A. INSPECTIONS AND REPORTS: (1) ® Buyer ❑ Seller shall pay for an inspection and report for wood destroying pests and organisms ("Wood Pest Report") prepared by su to Desi ate a registered structural pest control company. (2) ❑ Buyer ❑ Seller shall pay to have septic or private sewage disposal systems inspected (3) Buyer ❑ Seller shall pay to,have domestic wells tested for water potability and productivity (4) ❑ Buyer ❑ Seller shall pay for a natural hazard zone disclosure report prepared by (5) ❑ Buyer Q Seller shall pay for the following inspection or report (6) ❑ Buyer ❑ Seller shall pay for the following inspection or report B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) Q Buyer ® Seller shall pay for smoke detector installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow, Seller shall provide Buyer written statements of compliance in accordance with state and local Law, unless exempt. (2) ❑ Buyer ❑ Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards, inspections and reports if required as a condition of closing escrow under any Law. (3) ❑ Buyer ❑ Seller shall pay for installation of approved fire e4irguisher(s), sprinkler(s), and hose(s), if required by Law, which shall be installed prior to Close Of Escrow. Prior to Close Of Escrow, Seller shall provide Buyer a writtenstatement of compliance, if required by Law. (4) ❑ Buyer ❑ Seller shall pay for installation of drain cover and anti -entrapment device or system for any pool of spa meeting the minimum requirements permitted by the U.S.Consumer Products and Safely Commission. C. ESCROW AND TITLE: (1) ® Buyer ® Seller shall pay escrow fee Each to oav their own fees Escrow Holder shall be (2) ❑ Buyer ® Seller shall pay for owner's title insurance policy specified in paragraph 18 Owners title policy to be issued by Fid 1 'tv Title (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) ❑ Buyer ® Seller shall pay County transfer tax or fee (2) 0 Buyer ❑ Seller shall pay City transfer lax or fee (3) ❑ Buyer ❑ Seiler shall pay Homeowners Association ("HOA") transfer fee (4) ❑ Buyer ❑ Seller shall pay HOA document preparation fees (5) ❑ Buyer ❑ Seller shall pay the cost, not to exceed $ of a one-year home warranty plan, issued by with the following optional coverages: ❑ Air Conditioner ❑ Pool/Spa Code and Permit upgrade ❑ Other: Buyer is informed that home warranty plans have many optional coverages In addition to those listed above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer. (6) ❑ Buyer ❑ Seller shall pay for (7) ❑ Buyer ;fie r shall pay for . O C 6 O Buyer's Initials (( ) Sellers Initials ( ) ( ) Copyright®laea-2L CALIFORNIA ASSOCIATION OF REALTORSO. INC. m RIPA REVISED 4110 (PAGE 2 OF 10) Reviewed loy Date a...c.wi,. RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT rRIPA PAGE 2 OF 101 Mlvr ric111.1 A.,1 - 70280 Avenida La Fonda Property Address: Le Ouinta, CA, 92253, Date: March 7, 2011 S. CLOSING AND POSSESSION: A. Buyer ❑ intends (or ® does not intend) to occupy any unit in the Property as Buyer's primary residence. B. Seller -occupied or vacant property: Possession shall be delivered to Buyer at 5 PM or (❑ ❑ AM❑ PM) on the date of Close Of Escrow; ❑ on ; or ❑ no later than Days After Close Of Escrow. If transfer of title and possession do not occur at the same time, Buyer and Seller are advised to: (1) enter into a written occupancy agreement (C.A.R. Form PAA, paragraph 2); and (II) consult with their insurance and legal advisors. C. Tenant occupied units: Possession and occupancy, subject to the rights of tenants under existing leases, shall be delivered to Buyer on Close Of Escrow. D. At Close Of Escrow, (1) Seller assigns to Buyer any assignable warranty rights for items included in the sale, and (it) Seller shall Deliver to Buyer available Copies of warranties. Brokers cannot and will not determine the assignability of any warranties. E. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys and/or means to operate all locks, mailboxes, security systems, alarms and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 6. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the California Civil Code. 7. STATUTORY DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. LEAD -BASED PAINT HAZARD DISCLOSURES: (1) Seller shall, within the time specified in paragraph 18, deliver to Buyer, if required by Law, Federal Lead -Based Paint Disclosures and pamphlet (`Lead Disclosures). If the Lead Disclosures are delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. (Lead Disclosures sent by mail must be sent certified mail or better.) (2) Buyer shall, within the time specified in paragraph 18, return a Signed Copy of the Lead Disclosure to Seller. B. NATURAL AND ENVIRONMENTAL HAZARDS: Within the time specified in paragraph 18, Seller shall, if required by Law: (i) deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; and (it) even if exempt from the obligation to provide a NHD, disclose if the Property is located In a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (Ili) disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: Within the time specified in paragraph 18A, to avoid required withholding, Seiler shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law, C.A.R. Form AS or OS). D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further Information, Broker recommends that Buyer obtain information from this website during Buyer's Inspection contingency period. Brokers do not have expertise in this area.) - 8. RESIDENTIAL 1 - 4 PROPERTIES: STATUTORY DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph ISA, deliver to Buyer, if required by Law: (I) Federal Lead -Based Paint Disclosures (C.A.R. Form FLD) and pamphlet ("Lead Disclosures'); and (11) disclosures or notices required by sections 1102 at. seq. and 1103 at. seq. of the Civil Code ("Statutory Disclosures'). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TOS"), Natural Hazard Disclosure Statement ("NHD'), notice of actual knowledge of release of Illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello -Roos Community Facilities Act and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or SSD). (2) Buyer shall, within the time specified in paragraph 18B(1), return Signed Copies of the Statutory and Lead Disclosures to Seller. (3) If any disclosure or notice specified in 8A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. 9. SELLER DOCUMENTATION AND ADDITIONAL DISCLOSURE: Within the time specified in paragraph 18, Seller shall disclose, make available or Deliver, as applicable, to Buyer the following information: A. RENTALISERVICE AGREEMENTS: Seller shall make available to Buyer for inspection and review: (I) all current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; (II) a rental statement including names of tenants, rental rates, period of rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents. Seiler represents that the documents to be furnished are those maintained in the ordinary and normal course of business. B. INCOME AND EXPENSE STATEMENTS: Seller shall make available to Buyer the books and records for the Property, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business, and used by Seller in the computation of federal and state income tax returns. C. ® TENANT ESTOPPEL CERTIFICATES: (If checked) Seller shall Deliver to Buyer tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (1) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (II) that no lessor defaults exist; and (M) slating the amount of any prepaid rent or security deposit. D. SURVEY, PLANS, AND ENGINEERING DOCUMENTS: Seller shall, at no cost to Buyer, Deliver to Buyer Copies of surveys, plans, specifications, and engineering documents, if any, prepared on Seller's behalf or in Seller's possession. E. PERMITS: if in Seller's possession, Seller shall Deliver to Buyer Copies of all permits and approvals concerning the Property, obtained from any governmental entity, including, but not limited to, certificates of occupancy, conditional use permits, development plans, and licenses and permits 0261 pertaining to the Yon of the Property. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) Copyright® i998-201 CALIFORNIA ASSOCIATION OF REALTORSO, INC. rawrxou l RIPA REVISED 4110 (PAGE 3 OF 10) Reviewed by Dale axronoenv RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 3 OF 10) Mike Fischer 4 plex 78180 Avenida La Fonda Property Address: L= Quints, ^" 92253 - Date: March 7 2011 F. STRUCTURAL MODIFICATIONS: Seller shall disclose to Buyer in writing any known structural additions or alterations to, or the installation, alteration, repair or replacement of, significant components of the structure(s) upon the Property. G. SELLER REPRESENTATION: Seller represents that Seller has no actual knowledge: (i) of any current pending lawsuit(s), investigation(s), inquiry(ies), action(s), or other proceeding(s) affecting the Property or the right to use and occupy it; (it) of any unsatisfied mechanic's or matefialman lien(s) affecting the Property; and (ill) that any tenant of the Property is the subject of a bankruptcy. If Seller receives any such notice prior to Close Of Escrow, Seiler shall immediately notify Buyer. H. GOVERNMENTAL COMPLIANCE: (1) Seller shall disclose to Buyer any Improvements, additions, alterations, or repairs to the Property made by Seller, or known to Seller to have been made, without required governmental permits, final inspections, and approvals. (2) Seller shall disclose to Buyer if Seller has actual knowledge of any notice of violations of Law fled or issued against the Property. 10. SUBSEQUENT DISCLOSURES: In the event Seiler, prior to Close Of Escrow, becomes aware of adverse conditions matedally affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material Inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer. 11. CHANGES DURING ESCROW: A. Prior to Close Of Escrow, Seller may engage in the following acts, ("Proposed Changes"), subject to Buyers rights in paragraph 1 BE: (i) rent or lease any vacant unit or other part of the premises; (11) alter, modify or extend any existing rental or lease agreement; (III) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. At least 7 (or ❑ ) Days Prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Changes. 12. CONDOMINIUMIPLANNED UNIT DEVELOPMENT DISCLOSURES: A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision (C.A.R. Form SPQ or SSD). B. If Property is a condominium or is located in a planned development or other common interest subdivision, Seller has3 (or ❑ ) Days After Acceptance to request from the HOA (C.A.R. Form HOA): (1) Copies of any documents required by Law; (It) disclosure of any pending or anticipated claim or litigation by or against the HOA; (III) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOA's governing the Property (collectively, "CI Disclosures"). Seller shall itemize and deliver to Buyer all Cl Disclosures received from the HOA and any Cl Disclosures in Seller's possession. Buyer's approval of Cl Disclosures is a contingency of this Agreement as specified in paragraph 18B(3). 13. ITEMS INCLUDED AND EXCLUDED: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MILS, flyers or marketing materials are not included In the purchase price or excluded from the sale unless specified in 13B or C. B. ITEMS INCLUDED IN SALE: (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar systems, built-in appliances, window, and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in -ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms; (3) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 18. (4) Seller represents that all items included in the purchase price, unless otherwise specified, are owned by Seller. (5) Seller shall deliver title to the personal properly by Bill of Sale, free of all liens and encumbrances, and without warranty of condition. (6) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property Included in the purchase, replacement thereof, and insurance proceeds- C. ITEMS EXCLUDED FROM SALE: Any and all personal items belonging to tenants. 14. CONDITION OF PROPERTY: Unless otherwise agreed: (i) the Property is sold (a) in Its PRESENT physical ("as -is") condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (it) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as of the date of Acceptance; and (111) all debris and personal property not included in the sale shall be removed by Seller by Close Of Escrow. A. Seller warrants that the Property is legally approved as 4 units. B. Seller shall, within the time specified in paragraph 18, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, Including known insurance claims within the past five years, and make any and all other disclosures required by law. C. Buyer has the right to inspect the Property and, as specified in paragraph 18, based upon information discovered in those inspections: (i) cancel this Agreement; or (it) request that Seller make Repairs or take other action. D. Buyer Is strongly advised to conduct Investigations of the entire Property in order to determine its present condition since Seller may not be aware of all defects affecting the Property or other factors that Buyer considers Important. Property Improvements may not be built according to code, in compliance with current Law, or have had permits Issued. 15. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 18B. Within the time specified in paragraph 18B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to, the right to: (1) inspect for lead -based paint and other lead -based paint hazards; (11) inspect for wood destroying pests and organisms; (iil) review .the registered sex offender database; (iv) confirm the insurability of Buyer and the Property; and (v) satisfy Buyer as to any matter specified in the s Buyer's Initials ( C r ) ( ) Seller's Initials ( ) ( ) ,[�.G1 Copyright O 1998-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. UU �1 Reviewed by Date or°W.11IINT1 �(pd RIPA REVISED 4/10 (PAGE 4 OF 10) RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 4 OF 10) Mike Fischer 4 plex 78180 Avenida La Fonda Property Address: La Quince. CA. 92253. Date: March 7. 2011 attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations; or (11) inspections by any governmental building or zoning Inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (1) as specified in paragraph 188, complete Buyer Investigations and, either remove the contingency or cancel this Agreement, and (11) give Seller, at no cost, complete Copies of all Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. D. Buyer Indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of liens; (it) repair all damage arising from Buyer Investigations; and (III) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs of Buyer's Investigations. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property oocurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow. 16. SELLER DISCLOSURES; ADDENDA; ADVISORIES; OTHER TERMS: A. Seller Disclosures (if checked): Seller shall, within the time specified in paragraph 18A, complete and Deliver to Buyer a: ❑ Seller Property Questionnaire (C.A.R. Form SPO) OR ❑ Supplemental Contractual and Statutory Disclosure (C.A.R. Form SSD) B. Pest C. Form D. Other Terms: Bu er is herby made awaxe that this transaction may be subject to approval tb o ah bankruptcy court. 17. TITLE AND VESTING: A. Within the time specified in paragraph 18, Buyer shall be provided a current preliminary title report, which shall include a search of the General Index, Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. The preliminary report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the preliminary report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 18B. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (11) those matters which Seller has agreed to remove in writing. C. Within the time specified in paragraph 18A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions, THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E. Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about availability, desirability, coverage, survey requirements and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and pay any increase in cost. 18. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either buyer or seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ❑ ) Days After Acceptance to deliver to Buyer all reports, disclosures and information for which Seller is responsible under paragraphs 4, 7A, Band C, eA, g, 12A, 138(3% 14B, 16A and B, and 17. Buyer may give Seller a Notice to Seller to perform (C.A.R. Form NSP) if Seller has not Delivered the items within the time specified. - B. (1) BUYER HAS: 17 (or f-I ) Days After Acceptance, unless otherwise agreed in writing, to: (I) complete all Buyer` Investigations; approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all other matters affecting the Property; and . (if) Deliver to Seller Signed Copies of Statutory and Lead Disclosures Delivered by Seller in accordance with paragraphs 7A or 8A. (2) Within the time specified in 188(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests. (3) Within the time specified in 18B(1) (or as otherwise specified in this Agreement). Buyer shall Deliver to Seller either (i) a removal of the applicable contingency (C.A.R. Form CR), or (Ii) a cancellation (C.A.R. Form CC) of this Agreement based upon a remaining contingency or Seller's failure to Deliver the specified items. However, if any report, disclosure or information for which Seller is responsible Is not Delivered within the time specified in 18A, then Buyer has 6 (or ❑ ) Days After Delivery of any such Items, or the time specified in 1813(1), whichever is later, to Deliver to Seller a remov5I of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in 188(1) and before Seller cancels this Agreement, if at all, pursuant to 18C, Buyer retains the right to either (i) in writing remove remaining contingencies, or (ii) cancel this Agreement based upon a remaining contingency. Once Buyers written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant (1). Buyer's Initials (` )(-) Seller's Initials Copyright a 1998-2010, CALIFORNIA ASSOCIATION OF REALTORSe, INC. mwumusok RIPA REVISED 4110 (PAGE 6 OF 10) Reviewed by Date o>roxrvxnr 0 U L C 3 RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 6 OF 10) Mike Fischer plea 78180 Avenida La Fonda Property Address:Z�a Ouinta, CA, 92253, Date: March 7, 2011 C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, within the time specified in this Agreement, Buyer does not in writing Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP) may cancel this Agreement. In such event, Seller shall authorize return of Buyer's deposit. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first Delivering to Buyer a NBP may cancel this Agreement for any of the following reasons: (I) if Buyer fails to deposit funds as required by 3A or 3B; (if) if the funds deposited pursuant to 3A or 313 are not good when deposited; (ill) if Buyer fails to Deliver a notice of FHA or VA costs or terms as required by 3C(3) (C.A.R. Form FVA); (Iv) if Buyer fails to Deliver a letter as required by 3H; (v) if Buyer fails to Deliver verification as required by 3G or 3J; (vi) if Seller reasonably disapproves of the verification provided by 3G or 3J; (vif) if Buyer fails to return Statutory and Lead Disclosures as required by paragraphs 7A(2) or 8A(2); or (viff) if Buyer fails to sign or initial a separate liquidated damages form for an Increased deposit as required by paragraphs 36 and 34, In such event, Seller shall authorize return of Buyer's deposit. (3) Notice To Buyer To Perform: The NBP shall: (I) be in writing; (if) be signed by Seller; and (ill) give Buyer at least 2 (or ❑ ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for Buyer to remove a contingency or cancel this Agreement or meet an obligation specified in 18C(2). D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall with regard to that contingency or cancellation right conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures (if) elected to prbceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections or for inability to obtain financing. E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the other party to close escrow pursuant to this Agreement, Seller or Buyer must first Deliver to the other a demand to close escrow (C.A.R. Form DCE). F. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, Buyer and Seller agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Release of funds will require mutual Signed release Instructions from Buyer and Seller, judicial decision or arbitration award. A Buyer or Seller may be subject to a civil penalty of up to $1,000 for refusal to sign such Instructions If no good faith dispute exists as. to who is entitled to the deposited funds (Civil Code §1057,3). 19. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Sellers expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (1) obtain receipts for Repairs performed by others; (if) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of receipts and statements to Buyer prior to final verification of condition. 20. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seiler acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively deffned, environmentally hazardous substances; (it) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (ill) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised- to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 21. AMERICANS WITH. DISABILITIES ACT: The Americans With Disabilities Act ("ADA") prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that buildings be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact an attorney, contractor, architect, engineer or other qualified professional of Buyer or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction. 22. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final inspection of the Property within5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 14A; (if) Repairs have been completed as agreed; and (III) Seller has complied with Seller's other obligations under this Agreement (C.A.R. form VP). 23. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are a current lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are a current lien but not yet due. The Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (I) for periods after Close Of Escrow, by Buyer; and (if) for periods prior to Close Of Escrow, by Seller (see C.A.R. Forms SPT or SBSA for further information). BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. Buyer's Initials (2 ( ) Sellers Initials ( ) ( ) Copyright ®1998-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by Dale o° AIHO S14 RIPA REVISED 4110 (PAGE 6 OF 10) RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 6 OF 10) Mike Fischer plex 0264 78180 Avenida La Fonda Property Address: La Oct nta CA 92253 Date: March 7 2011 24. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer. Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 25. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 26. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 27, ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 35A. 28. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a party and is delivered to and personally received by the other party or that party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "C.A,R. Form" means the specific form referenced or another comparable form agreed to by the parties. C. "Close Of Escrow" means the date the grant deed, or other evidence of transfer of title. Is recorded. D. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. E. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. F. "Days After' means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. G. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. H. "Deliver', "Delivered" or "Delivery", regardless of the method used (Le, messenger, mail, email, fax, other), means and shall be effective upon (i) personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in paragraph D of the section titled Real Estate Brokers on page 8; OR (il) if checked, ❑ per the attached addendum (C.A.R. Form RDN). 1. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other party. J. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. L. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 29. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's Interests in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld, unless otherwise agreed in writing. Any total or partial assignment shall not relieve Buyer of Buyers obligations pursuant to this Agreement. 30. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of. Buyer and Seller and their respective successors and assigns, except as otherwise provided herein. 31. COPIES: Seller and Buyer each represent that Copies of all reports, documents, certificates, approvals and other documents that are furnished to the other are true, correct and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party. 32. BROKERS: A. BROKER COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other mason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, Including, but not limited to, inquiries, introductions, consultations and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph. 33. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any relating counter offers and addenda, and any additional mutual instructions to close the escrow: 1, 3, 4, 6, 7C, 1613 and D, 17, 18F, 23, 28, 32A, 33, 37, 40, and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 32A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out of Buyers or Seller's funds, or both, as applicable, the respective Brokers compensation provided for in such agreement(s). The terms and conditions of this Agreement not specifically referenced above, in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions directly from Escrow Holder and will execute such provisions upon Escrow Holders request. To the extent the general provisions are Inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow. L 14 Buyer's Initials ( ")( ) Seller's Initials Copyright 01998-2010, CALIFORNIA ASSOCIATION OF REALTORSS, INC. rantxwsiuc RIPA REVISED 4/10 (PAGE 7 OF 10) Reviewed by Date arvannxnv RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 7 OF 10) Mike Fischer 4 plex 78180 Avenida La Fonda Properly Address:.4a_Quinta. CA. 92253, Date: March 7. 2011 B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or 0 ). Escrow Holder shall provide Sellers Statement of Information to Title company when the preliminary report is ordered. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller Is not affected by whether or when Escrow Holder Signs the Agreement. C. Brokers are a party to the Escrow for the sole purpose of compensation pursuant to paragraph 32A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraphs 32A, respectively, and irrevocably instructs Escrow Holder to disburse those funds to Brokers at Close Of Escrow, or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. Escrow Holder shall immediately notify Brokers: (1) if Buyers initial or any additional deposit is not made pursuant to this Agreement or is not good at time of deposit with Escrow Holder; or(II) if either Buyer or Seller Instruct Escrow Holder to cancel escrow. D. A Copy of any amendment (hat affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 2 business days after mutual execution of the amendment. 34. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF THE INCREASED DEPOSIT, BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION FOR ANY INCREASED DE?O§IT (C.A.R. FORM RID). I Buyer's Initials //i 0 / Seller's Initials / I 35. DISPUTE RESOLUTION: A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Buyer and Selleralso agree to mediate any disputes or claims with Broker(s), who in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (h) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 35C. B. ARBITRATION OF DISPUTES: Buyer and Seiler agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which Is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted In accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified In paragraph 35C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." I Buyer's Initials% Seller's Initials C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined in Civil Code §2985; (it) an unlawful detalner action; (ill) the filing or enforcement of a mechanic's lien; and (Iv) any matter that Is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. (2) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so In writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to the Agreement. Buyer's Initials ( ) ( ) Sellers Initials ( ) ( ) CopyrightO 1993-2010, CALIFORNIA ASSOCIATION OF REALTORSS, INC. Reviewed by Dale IN RIPA REVISED 4110 (PAGE 8 OF 10) RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RI PA PAGE 8 OF 10) Mike Fischer plex 0266 79180 Avenida La Fonda Property Address: La QuintQuinta. CA 92253 Date: March 7. 2011 36. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all parties or if incorporated by mutual agreement in a counter offer or addendum, If at least one but not all parties initial such paragraph(s), a counter offer is required until agreementis reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 37. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seiler. 30. AUTHORITY: Any person or persons signing this Agreement represent(s) that such person has full power and authority to bind that person's principal, and that the designated Buyer and Seller has full authority to enter Into and perform this Agreement. Entering into this Agreement, and the completion of the obligations pursuant to this contract, does not violate any Articles of Incorporation, Articles of Organization, Bylaws, Operating Agreement, Partnership Agreement or other document governing the activity of either Buyer or Seller. 39. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned, unless the offer is Signed by Seller, and a Copy of the Signed offer is personally received by Buyer, or by who is authorized to receive it by 5:00 PM on the third Day after this offer is signed by Buyer (or, if checked by I] AM PM) on (date), Buyer has read acknowledges rec pt of Copy of the offer and agrees to the above confirmation of agency relationships. Date March 11 Date - BUYER ..7� BUYER By �By Pfintname See Attached Signature Page Print name Title Thomas P. Genovese C.1 t:v Manager Title Address P.O. Box 1504 Address Additional Signature Addendum attached (C.A.R. Form ASA). 40. ACEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to deliver a Signed Copy to Buyer. ❑ (If checked) SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form CO), DATED Date Date SELLER SELLER By By Print name Michael A. Fischer Print name Title owner Title Address 2240 Yuma Way Address Fullerton, CA 92835 Additional Signature Addendum attached (C.A.R. Form ASA). (_ / _ ) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was personally received by Buyer or Buyer's authorized (Initials) agent on (date) at ❑ AM 0 PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. p Buyer's initials ( ) ( ) Server's Initials ( ) ( ) Copyrightdi 1998.2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by Dale owaeimSWC RIPA REVISED 4110 (PAGE 9 OF 10) aly RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 9 OF 10) Mike Fischer 4 plex 0267 78180 Avenida La Fonda Property Address: La Ouinta, CA. 92253, Date: March 7 2011 REAL ESTATE BROKERS: A. Rest Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2 above. C. If specified in paragraph 3A(2). Agent who submitted offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or(ii) ❑ (if checked) the amount specified in a separate written agreement (C.A.R. Form CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. ReaprFstat Brok ell' Firm) La Oninta Palms Realty DRE Lic. # 00915271 By �ej aruce Cathcart DIRE Lic. # SAME Date 0310712011 Address .510 1 Ei. enhower nr. City r.n_ rminta - State CA, Zip 92253 Telephone (760)564-4104 Fax (760)564-0344 E-mail laquintapalms@de. rr. com Rea fate Broke ti Firm) La Ouinta Palms Realty ORE Lie. # 00915271 BY ?II B=ce Cathcart ORE Lie. # SAME Date 03/07/2011 Address 51 1 Eis shower Dr City La Quints State CA, Zip 92253 Telephone t760)564-4104 Fax (760)564-0344 E-mail laeuintapalms@dc rz. co ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked,❑ a deposit in the amount of $ ). counter offer(s) numbered ❑ Seller's Statement of Information and ❑ Other , and agrees to act as Escrow Holder subject to paragraph 33 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions, if any. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seiler is Escrow Holder - Escrow # By Date Address PhonelFax/E-mail Escrow Holder is licensed by the California Department of ❑ Corporations,❑ Insurance, ❑ Real Estate. License # PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: (_ )(_ ) No counter offer is being made. This offer was rejected by Seller on (date). Sellers Initials THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTORO. REALTORO is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics. Published and Distributed by: x REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed b Dale muuxouswc RIPA REVISED 4110 (PAGE 10 OF 10) Y ODP00.iUNIfY RESIDENTIAL INCOME PROPERTY PURCHASE AGREEMENT (RIPA PAGE 10 OF 10) Mike Fischer 4 plex 02618 Property Address: ? 160 4 4. via la , 4 , (4,d g2253 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. SELLER: ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney BUYER: CITY OF LA QUINTA, a California municipal corporation and charter city 13�7/) 6�r Thomas P. Genovese, City Manager [end of signatures] 0?69 267/015610-0046 1159881.01 a03/07/11 CALI FO RN IA 4 ASSOCIATION _I— OF ILEALTORSO ADDENDUM (C.A.R. Form ADM, Revised 10/01) N o. ONE The following terms and conditions are hereby incorporated in and made a part of the: ❑ Residential Purchase Agreement, ❑ Manufactured Home Purchase Agreement, ❑ Business Purchase Agreement, ❑ Residential Lease or Month -to -Month Rental Agreement, ❑ Vacant Land Purchase Agreement, ® Residential Income Property Purchase Agreement, ❑ Commercial Property Purchase Agreement, ❑ other dated , on property known a$ 78180 Avenida La Fonda r.� rs,.; ,.ha r„a 000ta and Is referred t0 as (''buyer/ I enant') is referred to as ('Seller/Landlord"). the mit7e or Ee..„-.„w Q=ipa yand npithgg Hart-y ems+=ii have and. -farther Tiahi7it3E fQ the.. other in connection with this Aareement and the Escrow. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date -7 / f /42 4Z4 Date i Buyer/Tenanit �.� Z �i • r-l'L'l-G'Yt'�e'. Seller/Landlord 7lhe City of La Quinta Michael A. Fischer Buyer/TenantI74toHA3 P. GP.rtoye ire Cr N �tf Aje4 Seller/Landlord ✓reproduction The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized of this form, or any portion thereof, by photocopy machine or any other means, Including facsimile or computerized formats. CopyrightO 1986-2001. CALIFORNIA ASSOCIATION OF REALTORSID, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It Is not Intended to identify the user as a REALTOR& REALTORV is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics. Published and Distributed by: „ REAL ESTATE BUSINESS SERVICES, INC. Reviewed by a subsidiaryof the California Association of REALTORSO 525 South Virgil Avenue, Los Angeles, California 90020 Brokeror Designee Date 10U.4x0,A,NC ADM-11 REVISED 10101 (PAGE 1 OF 1) axraamxuv ADDENDUM (ADM-11 PAGE 1 OF 1) Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760.664.0344 Prepared using zipFormO software Broker: La Quinta Palms Real Estate Co 51.001 Eisenhower Drive La Quinta , CA 92253 0 70 's CALIFO RNIA ASSOCIATION BUYER'S INSPECTION ADVISORY �� OF REALTORS® (C.A. R. Form BIA-A, Revised 701021 Property Address: 78180 Avenida La Fonda , La Quinta, CA. 92253 ("Property") A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed fads, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in breach of contract. C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations. D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. In sales involving residential dwellings with no more than four units, Brokers have a duty to make a diligent visual inspection of the accessible areas of the Property and to disclose the results of that inspection. However, as some Property defects or conditions may not be discoverable from a visual inspection, it is possible Brokers are not aware of them. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: 1. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa, other structural and non-structural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. (Structural engineers are best suited to determine possible design or construction defects, and whether improvements are structurally sound.) 2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to determine square footage, dimensions and boundaries of the Property.) 3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms and other infestation or infection. Inspection reports covering these items can be separated into two sections: Section 1 identifies areas where infestation or infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or infection. A registered structural pest control company is best suited to perform these inspections. 4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions, causes and remedies.) The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy Buyer's Initials ( ) ( ) machine or any other means, including facsimile or computerized formats. Seller's Initials ( ) ( ) Copyright 0 1991-2004, CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED. Reviewed by Date _ mutsoa. arrenmxnv BIA-A REVISED 10/02 (PAGE 1 OF 2) INSPECTION ADVISORY Fax: 760.564.0344 Prepared using zlpForm® Broker: La Quints Palms Real Estate Co 51-001 Eisenhower Drive La Quinta , CA 71 Property Address: 78180 Avenida La Fonda , La Quinta, CA. 92253 Date: March 7, 2011 S. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.) 6. POOL/SPA: Cracks, leaks or operational problems. (Pool contractors are best suited to determine these conditions.) 7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. 8. WATER AND UTILITES; WELL SYSTEMS AND COMPONENTS: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and Components. 9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). (Far more information on these items, you may consult an appropriate professional or read the booklets "Environmental Hazards: A Guide for Homeowners, Buyers, Landlords and Tenants," "Protect Your Family From Lead in Your Home" or both.) 10. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. (A Geologist or Geotechnical Engineer is best suited to provide information on these conditions.) 11. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of - the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. (An insurance agent is best suited to provide information on these conditions.) 12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development of size. (Such information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to review or interpret any such information.) 13. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants; and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. (Government agencies can provide information about these restrictions and other requirements.) 14. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property may not be in compliance with these requirements. (Local government agencies can provide information about these restrictions and other requirements.) 1S. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability,adequacy and cost of any speed -wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. Buyer and Seller acknowledge and agree that Broker: (1) Does not decide what price Buyer should pay or Seller should accept; (II) Does not guarantee the condition of the Property; (III) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; IN) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shalt not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vl) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (vili) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. By signing below Buyer and Seller acknowledge that they have read, understand, accept and have received a Copy of this Advil ry, er Is encourMd ,Fead it car fu Y. Buyer Sig ature Tffbm.4f a,%vV,oJ r Date Buyer Signature Date The City of La Quinta a,� iZ 4C ,,-Cd dstz— Seller Signature DateSeller Signature Date Michael A. Fischer THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate Industry. It Is not inlended to identify the user as a REALTORS, REALTORS is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics. i Published and Distributed by:121 „ REAL ESTATE BUSINESS SERVICES, INC. Reviewed by Date rouaxmsve a subsidlaryof 1w CalI erne Asso:ialion of REALTORS® or ALMOr R 525 South Virgil Avenue, Las Angeles, California 90020 BIA-A REVISED 10102 (PAGE 2 OF 2) —2 Mike Fischer 4 IT BUYER'S INSPECTION ADVISORY (BIA•A PAGE 2 OF 2) �U 7� A^ C A L 1 F O R N r A WATER HEATER AND SMOKE DETECTOR ASSOCIATION STATEMENT OF COMPLIANCE ®®r OF P E A L T O R S% (C.A.R. Form WHSD, Revised 11110) Property Address: 79180 Avenida La Fonda , La Quints, CA. 92253 NOTE: A seller who is not required to provide one of the following statements of compliance is not necessarily exempt from the obligation to provide the other statement of compliance. WATER HEATER STATEMENT OF COMPLIANCE 1, STATE LAW: California Law requires that all new and replacement water heaters and existing residential water heaters be braced, anchored or strapped to resist falling or horizontal displacement due to earthquake motion. "Water heater" means any standard water heater with a capacity of no more than 120 gallons for which a pre-engineered strapping kit is readily available. (Health and Safety Code §1921 Id). Although not specifically stated, the statue requiring a statement of compliance does not appear to apply to a properly installed and bolted tankiess water heater for the following reasons: There is no tank that can overturn; Pre-engineered strapping kits for such devices are not readily available; and Bolting already exists that would help avoid displacement or breakage in the event of an earthquake. 2, LOCAL REQUIREMENTS: Some local ordinances Impose more stringent water heater bracing, anchoring or strapping requirements than does California Law. Therefore, it is important to check with local city or county building and safety departments regarding the applicable water heater bracing, anchoring or strapping requirements forycur property. 3. TRANSFEROR'S WRITTEN STATEMENT: California Health and Safety Code §19211 requires the seller of any real property containing a water heater to certify, in writing, that the seller is In compliance with California State Law. If the Property is a manufactured or mobile home, Setter shall also file a required Statement with the Department of Housing and Community Development. 4. CERTIFICATION: Seller represents that the Property, as of the Close Of Escrow, will be in compliance with Health and Safety Code §19211 by having the water heater(s) braced, anchored or strapped in place, in accordance with those requirements. Seller Michael A. Fischer Date (Signature) (Print Name) Seller Date (Signature) � (Print Name) The undersign her y acknowledgess,rceCe' f a copy of this document. Buyer ( �%9'I/•r✓J ��� 22'lY�-71( The City oP La Ouinta Date 0310712011 (Signature)���y7ys f? 6tieeyoJP (Print Name) Buyer G-f'fv/ /u/.vFNAtx ��/L Date SMOKE DETECTOR STATEMENT OF COMPLIANCE 1. STATE LAW: California Law requires that (1) every single-family dwelling and factory built housing unit sold on or after January 1, 1986, must have an operable smoke detector, approved and listed by the State Fire Marshal, Installed In accordance with the State Fire Marshal's regulations (Health and Safety Code §13113.8) and (it) all used manufactured or mobilehomes have an operable smoke detector in each sleeping room. 2. LOCAL REQUIREMENTS: Some local ordinances impose more stringent smoke detector requirements than does California Law. Therefore, it is important to check with focal city or county building and safety departments regarding the applicable smoke detector requirements for your property. 3. TRANSFEROR'S WRITTEN STATEMENT: California Health and Safety Code $13113.8(b) requires every transferor of any real property containing a single-family dwelling, whether the transfer is made by sale, exchange, or rear property sales contract (Installment sales contract), to deliver to the transferee a written statement indicating that the transferor is in compliance with California State Law concerning smoke detectors. If the Property is a manufactured or mobile home, Seller shall also file a required Statement with the Department of Housing and Community Development (HOD). 4. EXCEPTIONS: Generally, a written statement of smoke detector compliance is not required for transactions for which the Seller is exempt from providing a transfer disclosure statement. 5. CERTIFICATION: Seller represents that the Property, as of the Close Of Escrow, will be in compliance with the law by having operable smoke detector(s) (I) approved and listed by the State Fire Marshal installed in accordance with the State Fire Marshal's reggulations Health and Safety Code §13113.8 or (if) in compliance with Manufactured Housing Construction and Safety Act (Health and Safety Code §18029.6) located in each sleeping room for used manufactured or mobilehomes as required by HOD and (ill) in accordance with applicable local ordinance(s). Seller Michael A. Fischer Date gna ure (PrintName) Seller Date The Buyer U Buyer copy of this Water Heater and Smoke Detector Statement of Compliance. Date 03/07/2021 Date The copyright laws of the United Slates (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright 01991-2010 CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form Is available for use by the entire real estate industry. It is not intended to identify the user as a REALTORS. REALTORO is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSOwho subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiaryof the CALIFORNIA ASSOCIATION OF REAL TORS® 121 525 South Virgil Avenue, Los Angeles, Calilomia 90020 Reviewed by Date peropNNfn WHSD REVISED 11110 (PAGE 1 OF 1) WATER HEATER AND SMOKE DETECTOR STATEMENT OF COMPLIANCE (WHSD PAGE 1 OF 1) Agent: Bruce Cathcart Phone: 760.564,4104 Fax: 760.564.0344 Prepared using zipForm® software Broker. La Quinta Palms Real Estate Co 51-001 Eisenhower Drive La Quinta , CA 92253 _ 0273 CA L I FOR N I A WOOD DESTROYING PEST INSPECTION AND a lt= A S S 0C. f A T t o fv ALLOCATION OF. COST ADDENDUM ®®3 OF REALTORS" (C.A.R. Form WPA, Revised 4110) This is an addendum to the 0 California Residential Purchase Agreement or ❑ Other ("Agreement"), dated March 7, 2011 on property known as 78180 Avenida La Fonda La Puinta CA 92259 ("Property"), between The City of La Ouinta ("Buyer") and Michael A. Fischer ("Seller'). 1. Unless otherwise specified, the Agreement permits the Buyer to inspect the property and investigate its condition. One of the inspections the Buyer may obtain is for wood destroying pests and organisms "Wood Pest Report". Whether obtained and paid for by Buyer or Seller, Buyer's review and approval of a Wood Pest Report would generally be covered by the inspection contingency of the Agreement. Before Buyer removes or waives the inspection contingency, or other contingency specifically related to a Wood Pest Report, Buyer may cancel the Agreement if dissatisfied with the condition described in the Wood Pest Report, even if this Wood Pest Addendum is not made part of the Agreement. 2. A. The Wood Pest Report shall be paid for and prepared as specified in the Agreement, or if checked, ❑ Buyer ® Seller shall pay for a Wood Pest Report prepared by a registered Structural Pest Control company. B. The Wood Pest Report shall cover the main building and attached structures and, if checked: O detached garages and carports, ❑ detached decks ❑ the following other structures on the Property: . The Wood Pest Report shall not include roof coverings. If the Property is a unit in a condominium or other common interest subdivision, the Wood Pest Report shall include only the separate interest and any exclusive -use areas being transferred, and shall not include common areas. Water tests of shower pans on upper level units may not be performed unless the owners of property below the shower consent. C. The Wood Pest Report shall be separated into sections for evident infestation or infection (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (1) (Section 1)0 Buyer I@ Seller shall pay for work recommended to correct "Section 1" conditions described in the Wood Pest Report and the cost of inspection, entry and closing of those inaccessible areas where active infestation or infection is discovered. (2) (Section 2)® Buyer ❑ Seller shall pay for work recommended to correct "Section 2" conditions described in the Wood Pest Report if requested by Buyer. D. If the Wood Pest Report identifies inaccessible areas, and Buyer requests inspection of those inaccessible areas, the person identified in C1 shall pay for the cost of entry, inspection and closing of only those inaccessible areas where Section 1 conditions are discovered and Buyer shall pay for the cost of entry, inspection and closing of all other inaccessible areas. E. Seller shall Deliver to Buyer, prior to Close Of Escrow, with a written Pest Control Certification of Completion showing that no infestation or infection is found or that required corrective work is completed. If paragraph 2A does not refer to a specific registered Structural Pest Control company and Seller obtains more than one Wood Pest Report pursuant to this Addendum, Seller may choose which Wood Pest Report to use as the basis of the Certification of Completion provided that Seller Delivers to Buyer all Wood Pest Reports obtained by Seller before Buyer removes any contingency for Wood Pest inspection. By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Addendum. Date March,-7.. 12011 11J Buyer 2il�Jz t OZiZyZ 1 ud4 The City of La Quinta 2-W&,4A--J' 6�f�drAP Buyer e :Ty .G� bti Date Seller Michael A. Fischer Seller The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright 02010, CALIFORNIA ASSOCIATION OF REALTORM INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& (CAR,). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the entire real estate industry. It is not intended to Identity the user as a REALTORS. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS& who subscribe to Its Code of Ethics. 7//���( PuNished and Distributed by: `..i a REAL ESTATE BUSINESS SERVICES, INC. caw HOAWc a subsidiaryoflhe California Association ofREALTORS@ Reviewed by Date sereRrmnry „ 525 South Virgil Avenue, Los Angeles, California 90020 WPA REVISED 4110 (PAGE 1 OF 1) WOOD DESTROYING PEST INSPECTION AND ALLOCATION OF COST ADDENDUM (WPA PAGE 1 OF 1) Agent: Bruce Cathcart Phone: 7bU.bb4.41o4 raa: r.. CS.AA1 Glconhnwur nrlva I a Oninta . CA 92253 Prepares 0 C'A L I F O R N I A STATEWIDE BUYER AND SELLER ADVISORY A,SOC:IA't[ON �� OF R E A LT O R S "' (This Form Does Not Replace Local Condition Disclosures. ' Additional Addenda May Be Attached to This Advisory. See Paragraph 44) (C.A.R. Form SBSA, Revised 11/10) BUYER RIGHTS AND DUTIES: • The physical condition of the land and improvements being purchased are not guaranteed by Seller or Brokers. • You should conduct thorough investigations of the Property both personally and with appropriate professionals. • If professionals recommend further inspections, you should contact qualified experts to conduct such inspections. • You should retain your own professional even if Seller or Broker has provided you with existing reports. • You should read all written reports given to you and discuss those reports with the persons who prepared them. • You have the right to request that the Seiler make repairs or corrections or take other actions based on inspections or disclosures, but the Seller is not obligated to make any such repairs, corrections or other requested actions. • If the Seller is unwilling or unable to satisfy your requests, and you act within certain time periods, you may have the right to cancel the Agreement (the Purchase Agreement and any Counter Offer and Addenda together are the "Agreement'). If you cancel outside of these periods, you may be in breach of the Agreement and your deposit might be at risk. • The terms of the purchase agreement and any counteroffers and addenda establish your rights and responsibilities. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. SELLER RIGHTS AND DUTIES: • You have a duty to disclose material facts known to you that affect the value or desirability of the Property. • You are obligated to make the Property available'to the Buyer and have utilities on for inspections as allowed by the Agreement. • This form is not a substitute for completing a Real Estate Transfer Disclosure Statement, if required, and any other property -specific questionnaires or disclosures. • The terms of the Agreement establish your rights and responsibilities. BROKER RIGHTS AND DUTIES: • Brokers do not have expertise in all areas and matters affecting the Property or your evaluation of it. • For most sales of residential properties with no more than four units, Brokers have a duty to make a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose to you material facts or defects that the inspection reveals. • Many defects and conditions may not be discoverable by a Broker's visual inspection. If Brokers give a referral to another professional, Brokers do not guarantee that person's performance. You may select any professional of your own choosing. . Any written agreement between a Broker and either Buyer or Seller or both establishes the rights and responsibilities of those parties. 1. INSPECTIONS: Buyer and Seller are advised that Buyer has the right to obtain various inspections of the Property under most residential purchase agreements. Buyer is advised to have the Property inspected by a professional property inspection service within Buyer's inspection contingency period. A licensed building contractor or other professional may perform these services. The inspector generally does not look behind walls or under carpets, or take equipment apart. Certain items on the Property, such as chimneys and spark arresters, plumbing, heating, air conditioning, electrical wiring, pool and spa, septic system, well, roof, foundation and structural items may need to be inspected by another professional, such as a chimney sweep, plumber, electrician, pool and spa service, septic or well company or roofer. A general physical inspection typically will not test for mold, wood destroying pests, lead -based paint, radon, asbestos and other environmental hazards, geologic conditions, age, remaining useful life or water -tightness of roof, cracks, leaks or operational problems associated with a pool or spa or connection of the Property to a sewer system. If Buyer wants further information on any aspect of the Property, Broker recommends that Buyer have a discussion with the professional property inspector and that Buyer hire an appropriate professional for the area of concern to Buyer. Brokers do not have expertise in these areas. Brokers do not verify the results of any such inspection or guarantee the performance of any such inspector or service. Any election by Buyer to waive the right to a physical inspection of the Property or to rely on somebody other than an appropriate professional is against the advice of Brokers. Not all inspectors are licensed and licenses are not available for all types of insp cti vities. Buyer's Initials / _ ) ( ) Seller's Initials ( ) ( ) The copyright laws of the United States (title /7 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright ® 2004-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. Reviewetl by Date rw.uxaum¢ SBSA REVISED 11/10 (PAGE 1 OF 10) oarouuxrtr STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 1 OF 10) Agent: Bruce Cathcart Phone: 760.564.4104 Fax: 760,664.0344 Prepared using zipForm® software Broker: La Quinta Palms Real Estate Co 51-001 Eisenhower Drive La Quints CA 92253 7 2. SQUARE FOOTAGE, LOT SIZE, BOUNDARIES AND SURVEYS: Buyer and Seller are advised that only an appraiser or land surveyor, as applicable, can reliably confirm square footage, lot size, Property corners and exact boundaries of the Property. Representations regarding these items that are made in a Multiple Listing Service, advertisements, and from property tax assessor records are often approximations, or based upon inaccurate or incomplete records. Fences, hedges, walls or other barriers may not represent actual boundary lines. Unless otherwise specified by Broker in writing, Brokers have not verified any such boundary lines or any representations made by Seller or others. Brokers do not have expertise in this area. Standard title insurance does not insure the boundaries of the Property. If Buyer wants information about the exact square footage, lot size or location of Property corners or boundaries. Broker recommends that Buyer hire an appraiser or licensed surveyor to investigate these matters or to prepare a survey of the property during Buyer's inspection contingency period. 3. SOIL AND GEOLOGIC CONDITIONS: Buyer and Seller are advised that real estate in California is subject to settling, slippage, contraction, expansion erosion, subsidence, earthquakes and other land movement. The Property may be constructed on fill or improperly compacted soil and may have inadequate drainage capability. Any of these matters can cause structural problems to improvements on the Property. Civil or geo-technical engineers are best suited to evaluate soil stability, grading, drainage and other soil conditions. Additionally, the Property may contain known or unknown mines, mills, caves or wells. Brokers do not have expertise in this area. If Buyer wants further information, Broker recommends that Buyer hire an appropriate professional. Not all inspectors are licensed and licenses are not available for all types of inspections. 4. GEOLOGIC HAZARDS: Buyer and Seller are advised that California has experienced earthquakes in the past, and there is always a potential of future earthquakes. Damage caused by an earthquake may not be discoverable by a visual inspection of Buyer(s) or Broker(s). Inspection by a licensed, qualified professional is strongly recommended to determine the structural integrity and safety of all structures and improvements on the Property. If the Property is a condominium, or located in a planned unit development or in a common interest subdivision, Buyer is advised to contact the homeowners association about earthquake repairs and retrofit work and the possibility of an increased or special assessment to defray the costs of earthquake repairs or retrofit work. Buyer is encouraged to obtain and read the booklet entitled, "The Homeowner's Guide to Earthquake Safety." In most cases a questionnaire within the booklet must be completed by Seller and the entire booklet given to the Buyer if the Property was built prior to 1960. If the Property was built before 1975, and contains structures constructed of masonry or precast (tilt up) concrete walls, with wood frame floors or roof, or if the building has unreinforced masonry walls,, then Seller must provide Buyer a pamphlet entitled "The Commercial Property Owner's Guide to Earthquake Safety." Many areas have a wide range of geologic problems and numerous studies have been made of these conditions. Some of this information is available for public review at city and county planning departments. Buyer is encouraged to review the public maps and reports and/or obtain a geologist's inspection report. Brokers do not have expertise in this area. Buyer may be able to obtain earthquake insurance to protect their interest in the Property. Sellers who agree to provide financing should also consider requiring Buyers to obtain such insurance naming Seller(s) as insured lien holder(s). 5. ENVIRONMENTAL HAZARDS: Buyer and Seller are advised that the presence of certain kinds of organisms, toxins and contaminants, including, but not limited to, mold (airborne, toxic or otherwise), fungi, mildew, lead -based paint and other lead contamination, asbestos, formaldehyde, radon, pcb's, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, urea formaldehyde, or other materials may adversely affect the Property and the health of individuals who live on or work at the property as well as pets. If Buyer wants further information, Buyer is advised and Broker(s) recommends, that Buyer have the Property inspected for the existence of such conditions and organisms, and conditions that may lead to their formation. Not all inspectors are licensed and licenses are not available for all types of inspection activities. Buyer is also advised to consult with appropriate experts regarding this topic during Buyer's inspection contingency period. Brokers do not have expertise in this area. Broker recommends that Buyer and Seller read the booklets titled, "Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants," and "Protect Your Family From Lead In Your Home." 6. EPA's LEAD -BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead -based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead -based paint in a room or more than 20 square feet of lead -based paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information. Buyer and Seller are advised to consult an appropriate professional. 7. FORMALDEHYDE: Formaldehyde is a substance known to the State of California to cause cancer. Exposure to formaldehyde �j �a � `caused by materials used in the construction of homes. The United States Environmental Buyer's Initials ( ( Sellers Initials Copy0ght02004.2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Revie ed oy Date [eau[—iwusw■c OPPMOIrx SBSA REVISED 11110 (PAGE 2 OF 10) STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 2 OF 10) Mike Fischerq 6ea16 Protection Agency, the California Air Resources Board, and other agencies have measured the presence of formaldehyde in the indoor air of select homes in California. Levels of formaldehyde that present a significant cancer risk have been measured in most homes that were tested. Formaldehyde is present in the air because it is emitted by a variety of building materials and home products used in construction. The materials include carpeting, pressed wood products, insulation, plastics, and glues. Most homes that have been tested elsewhere do contain formaldehyde, although the concentrations vary from home to home with no obvious explanation for the differences. One of the problems is that many suppliers of building materials and home products do not provide information on chemical ingredients to builders. Buyers may have further questions about these issues. Buyer is advised to consult with appropriate experts regarding this topic during Buyer's investigation period. Brokers do not have expertise in this area. Broker(s) recommend that Buyer and Seller read the booklet titled "Residential Environmental Hazards: A Guide for Homeowners, Homebuyers, Landlords and Tenants." 8. MOLD: Buyer and Seller are advised that the presence of certain kinds of mold, fungi, mildew and other organisms, sometimes referred to as "toxic mold" (collectively "Mold"), may adversely affect the Property and the health of individuals who live on or work at the Property as well as pets. Mold does not affect all people the same way, and may not affect some people at all. Mold may be caused by water leaks or other sources of moisture such as, but not limited to, flooding, and leaks in windows, pipes and roof. Seller is advised to disclose the existence of any such conditions of which he or she is aware. Buyer should carefully review all of Seller's disclosures for any indication that any of these conditions exist. It is, however, possible that Mold may be hidden and that Seller is completely unaware of its existence. In addition, Mold is often undetectable from a visual inspection, a professional general property inspection and even a structural pest control inspection. Brokers do not have expertise in this area. If Buyer wants further information, Broker recommends that Buyer have the Property tested for Mold by an environmental hygienist or other appropriate professional during Buyer's inspection contingency period. Not all inspectors are licensed and licenses are not available for all types of inspection activities. 9. WATER INTRUSION: Buyer and Seller are advised that many homes suffer from water intrusion or leakage. The causes of water intrusion are varied, and can include defective construction, faulty grading, deterioration of building materials and absence of waterproof barriers. Water intrusion can cause serious damage to the Property. This damage can consist of wood rot, mold, mildew and even damage to the structural integrity of the Property. The cost of repairing and remediating water intrusion damage and its causes can be very significant. The existence and cause of water intrusion is often difficult to detect. Because you, your Broker or a general home inspector cannot visually observe any effects of water intrusion, Buyer and Seller should not assume that such intrusion does not exist. Broker_ recommends that Buyer have the Property inspected for water intrusion by an appropriate professional. Brokers do not have expertise in this area. 10. SEPTIC SYSTEMS: Buyer and Seller are advised that a property may be served by one or more septic systems even though adjoining properties are connected to a sewer line. Buyer and Seller are also advised that some septic tanks and systems may have been abandoned or have leaked into ground water sources. Buyer is advised to contact the appropriate government agency to verify that the Property is connected to a sewer or served by a septic system. If the Property is served by a septic system, it may consist of a septic tank, cesspool, pits, leach lines or a combination of such mechanisms ("collectively, System"). No representation or warranty is made by Seller or Broker concerning the condition, operability, size, capacity or future expansion of a System, nor whether a System is adequate for use by the intended occupants of the Property. A change in the number of occupants or the quantity, composition or methods of depositing waste may affect the efficiency of the System. In addition, the amount of rainfall and ground water table may also affect the efficiency of the System. Many factors including, but not limited to, natural forces, age, deterioration of materials and the load imposed on a System can cause the System to fail at any time. Broker recommends that Buyer obtain an independent evaluation of any System by a qualified sanitation professional during Buyer's inspection contingency period. Brokers do not have expertise in this area. Buyer should consult with their sanitation professional to determine if their report includes the tank only, or other additional components of the System such as pits and leach fields. Not all inspectors are licensed and licenses are not available for all types of inspection activities. In some cases, Buyer's lender as well as local government agencies may require System inspection. System -related maintenance costs may include, but not be limited to, locating, pumping or providing outlets to ground level. Brokers are unable to advise Buyer or Seller regarding System -related issues or associated costs, which may be significant. If Buyer and Seller agree to obtain a System inspection, Buyer and Seller are cautioned that the inspection cost may include, but not be limited to, the costs of locating, pumping or providing outlets to ground level. Buyers Initials ( ( ) Sellers Initials ( ) ( ) n Copydghl O 2004-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewed by Oate muuxouswc OPPOPfUNIfY SBSA REVISED 77/10 (PAGE 3 OF 10) STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 3 OF 10) Mike Fischer plex 0277 11. WELL AND WATER SYSTEM(S): Buyer and Seller are advised that the Property may be served by one or more water wells, springs, or private community or public water systems. Any of these private or public water systems may contain bacteria, chemicals, minerals and metals, such as chromium. Well(s) may have been abandoned on the Property. Buyyer is advised to have both the quality and the quantity of water evaluated, and to obtain an analysis of the quality of any domestic and agricultural water in use, or to be used at the Property, from whatever source. Water quality tests can include not only tests for bacteria, such as coliform, but also tests for organic and inorganic chemicals, metals, mineral content and gross alpha testing for radioactivity. Broker recommends that Buyer consult with a licensed, qualified well and pump company and local government agency to determine whether any well/s ring or water system will adequately serve Buyer's intended use and that Buyer have a well consultant perform an extended well output test for this purpose. Water well or spring capacity, quantity output and quality may change at any time. There are no guarantees as to the future water quality, quantity or duration of any well or spring. If Buyer wants further information, Broker(s) recommend that Buyer obtain an Inspection of the condition, age, adequacy and performance of all components of the well/spring and any water system during Buyer's inspection contingency period. Brokers do not have expertise in this area. 12. WOOD DESTROYING PESTS: Buyer and Seller are advised that the presence of, or conditions likely to lead to the presence of infestation or infection of wood destroying pests and organisms may, adversely affect the Property. Inspection reports covering these items can be separated into two sections: Section 1 identifies areas where infestation or Infection is evident. Section 2 identifies areas where there are conditions likely to lead to infestation or infection. Brokers do not have expertise in this area. If Buyer wants further information, Buyer is advised and Broker recommends that Buyer have the Property inspected for the existence of such conditions and organisms, and conditions that may lead to their formation, by a registered structural pest control company during Buyer's inspection contingency period. 13. EASEMENTS, ACCESS AND ENCROACHMENTS: Buyer and Seller are advised that confirming the exact location of easements, shared or private driveways or roadways, and encroachments on or to the Property may be possible only by conducting a survey. There may be unrecorded easements, access rights, encroachments and other agreements affecting the Property that may not be disclosed'by a survey. Representations regarding these items that are made in a Multiple Listing Service or advertisements, or plotted, by a title company are often approximations, or based upon inaccurate or incomplete records. Unless otherwise specified by Broker in writing, Brokers have not verified any such matters or any representations made by Seller(s) or others. If Buyer wants further information, Buyer is advised and Brokers) recommend that Buyer hire a licensed surveyor during Buyer's inspection contingency period. Brokers do not have expertise in this area. 14. EARTHQUAKE FAULT ZONES AND SEISMIC HAZARD ZONES: Buyer and Seller are advised that California Public Resources Code Sections 2622 and 2696 require the delineation and mapping of "Earthquake Fault Zones" along known active faults and "Seismic Hazard Zones" in California. Affected cities and counties must regulate certain development projects within these zones. Construction or development on affected properties may be subject to the findings of a geological report prepared by a registered California geologist. Generally, Seller must disclose if the Property is in such a zone and can use a research company to aid in the process. If Buyer wants further information, Broker recommends that, during Buyer's inspection contingency period, Buyer make independent inquiries with such research companies or with appropriate government agencies concerning the use and improvement of the Property. Brokers do not have expertise in this area. Buyer is advised that there is a potential for earthquakes and seismic hazards even outside designated zones. 15. FIRE HAZARDS: Buyer and Seller are advised that fires annually cause the destruction of thousands of homes. Due to varied climate and topography, certain areas have higher risks of fires than others. Certain types of materials used in home construction create a greater risk of fire than others. If the Property is located within a State Fire Responsibility Area or a Very High Fire Hazard Zone, generally Seller must disclose that fact to Buyer under California Public Resources Code Section 4136 and California Government Code Sections 51178 and 51183.5, and may use a research company to aid in the process. If Buyer wants further information, Broker recommends that, during Buyer's inspection contingency period, Buyer contact the local fire department and Buyer's insurance agent regarding the risk of fire. Brokers do not have expertise in this area. Buyer is advised that there is a potential for fires even outside designated zones. 16. FLOOD HAZARDS: Buyer and Seller are advised that if the Property is located within a Special Flood Hazard Area, as designated by the Federal Emergency Management Agency (FEMA), or an area of Potential Flooding pursuant to California Government Code Section 8589.3, generally Seller must disclose this fact to Buyer and may use a research company to aid in the process. The National Flood Insurance Program was established to identify all flood plainareas and establish flood -risk zones within those areas. The program mandates flood insurance for properties within high -risk zones if loans are obtained from a federally -regulated financial institution or are insured by any agency of the United States Government. The extent of coverage and costs may vary. If Buyer wants further information, Broker(s) recommend that Buyer consult his or her lender and/or insurance agent during Buyer's inspection contingency period. Brokers do not have expertise in this area. Buyer is advised that there is a potential for flooding even outside designated zones. 17. ZONE MAPS MAY CHANGE: Maps that designate, among other things, Earthquake Fault Zones, Seismic Hazard Zones, State Fire Responsibility Areas, Very High Fire Hazard Zones, Special Flood Hazard Areas, and Potential Flooding Areas are occasionally redrawn by the applicable Government Agency. Properties that are currently designated in a specified zone or area could be removed and properties that are not now designated in a specified zone or area could be placed in one or more such zones or areas in the future. A property owner may dispute a FEMA Flood hazard location by submitting an application to FEMA. Buyer's Initials ( / ) t ) Seller's Initials ( 1 ( 1 Copyright ®2004-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. i Reviewed by Date ni?nN°m SBSA REVISED 11110 (PAGE 4 OF 10) STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 4 OF 10) Mike Fischer plea 027a 18. BUILDING PERMITS, ZONING AND CODE COMPLIANCE: Buyer and Seller are advised that any structure on the Property, including the original structure and any addition, modification, remodel or improvement may have been built without permiIS, not according to building codes, or in violation of zoning laws. Further, even if such structure was built according to the then -existing code or zoning requirement, it may not be in compliance with current building standards or local zoning. It is also possible that local law may not permit structures that now exist to be rebuilt in the event of damage or destruction. Buyer is advised to check with appropriate government agencies or third party professionals to verify permits and legal requirements and the effect of such requirements on current and future use of the Property, its development and size. If Buyer wants further information, Broker(s) recommend that Buyer discuss the issue with an appropriate professional during Buyer's inspection contingency period. Brokers do not have expertise in this area. 19. VIEWS: Buyer and Seller are advised that present views from the Property may be affected by future development or growth of trees and vegetation on adjacent properties and any other property within the line of sight of the Property. Broker makes no representation regarding the preservation of existing views. If 8uyer wants further information, Broker(s) recommend that Buyer review covenants, conditions and restrictions, if any, and contact neighboring property owners, government agencies and homeowner associations, if any, during Buyer's inspection contingency period. Brokers do not ave expertise in this area. 20. FUTURE REPAIRS, certain systems or rebuil comply with laws and re( until the replacement, rE change after Close of Es federal energy efficiency units (HVAC . Federal re regulations leaks. Duct leaks 30 REPLACEMENTS AND REMODELS: Buyer and Seller are advised that replacement or repairs of ding or remodeling of all or a portion of the Property may trigger requirements that homeowners lulations that either come into effect after Close of Escrow or are not required to be complied with pair, rebuild or remodel has occurred. Permit or code requirements or building standards may ;crow, resulting in increasing costs to repair existing features. In particular, changes to state and reggulations impact the installation, replacement and some repairs of heating and air conditioning gulations now require manufacturers of HVAC units to produce only units meeting a new higher cy Rating (SEER). This will likely impact repairs and replacements of existing HVAC units. State hat when installing or replacing HVAC units, with some exceptions, duct work must be tested for more than 15 percent must be repaired to reduce leaks. The average existing duct work typically More information is available at the California Energy Commission's website Dv/title24/changeout. Home warranty policies may not cover such inspections or repairs. If Buyer n Broker recommends that Buyer discuss the issue with an appropriate professional during Buyer's period. Brokers do not have expertise in this area. 21. GOLF COURSE DISCLOSURES: Buyer and Seller are advised that if the Property is located adjacent to or near a golf course the following may apply: (i) Stray golf balls — Any residence near a golf course may be affected by errant golf balls, resulting in personal injury or desttruction to property. Golfers may attempt o trespass on adjacent property to retrieve golf balls even though the project restrictions may expressly prohibit such retrieval. (ii) Noise and lighting — The noise of lawn mowers irrigation systems and utility vehicles may create disturbances to homeowners. Maintenance operations may occur in the early morning hours. Residents living near the clubhouse may be affected by extra lighting, noise, and traffic. (III) Pesticides and fertilizer use — A golf course may be heavily fertilized, as well as subjected to other chemicals during certain periods of the year, (iv) Irrigation system — Golf course sprinkler systems may cause water overspray upon adjacent property and structures. Also the irrigation system of a golf course may use reclaimed and retreated wastewater. (v) Golf carts — Certain lots may be affected more than others by the use of golf carts. Lots adjacent to a tee or putting green may be subject to noise disturbances and loss of privacy. (vi) Access to golf course from residences — It is likely that most residences will not have direct access from their lots to the golf course. The project restrictions may disclaim any right of access or other easements from a resident's lot onto the golf course. (vii) View obstruction — Residents living near a golf course may have their views over the golf course impacted by maturing trees and landscaping or by changes to the course's configuration. 22. SCHOOLS: Buyer and Seller are advised that children living in the Property may not, for numerous reasons, be permitted to attend the school nearest the Property. Various factors including, but not limited to, open enrollment policies, busing overcrowding and class size reductions may affect which public school serves the Property. School district boundaries are subject to change. Buyer is advised to verify whether the Property is now, and at the Close of Escrow will be, in the school district Buyer understands it to be in and whether residing in the Property entitles a person to attend any specific school in which that Buyer is interested. Broker(s) recommend that Buyer contact the local school or school district for additional information during Buyer's inspection contingency period. Brokers do not have expertise in this area. 23. NEIGHBORHOOD NOISE SOURCES: Buyer and Seller are advised that even if the Property is not in an identified airport noise influence area, the Property may still be subject to noise and air disturbances resulting from airplanes and other aircraft, commercial or military or both, flying overhead. Other common sources of noise include nearby commercial districts, schools, traffic on streets, highways and freeways, trains and general neighborhood noise from people, dogs and other animals. Noise levels and types of noise that bother one person may be acceptable to others. Buyer is advised to satisfy him/herself with regard to any sources of and amounts of noise at different times of day and night. Brokers do not have expertise in this area. 24. PETS AND ANIMALS: Buyer and Seller are advised that the current or previous owner(s) may have had domesticated or other pets and animals at the Property. Odors from animal urine or other contamination may be dormant for long periods of time and then become active because of heat, humidity or other factors and might not be eliminated by cleaning or replacing carpets or other cleaning methods. Pet urine and feces can also damage hardwood floors and other floor coverings. Additionally, an animal may have had fleas, ticks and other pests that remain on the Property after the animal has been removed. If Buyer wants further information, Broker(s) recommend that Buyer discuss the issue with an appropriate prQj/g��q'i !during Buyer's inspection contingency period. Brokers do not have expertise in this area. Buyers Initials (—/71--) ( ) Seller's Initials ( /� ) ( ) ,{ Copyright02004-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. Reviewetl by Date tauaxausl SBSA REVISED 11I10 (PAGE 5 OF 10) "M"Uxnr STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 5 OF 10) Mike 19417 lax 25. SWIMMING POOL, SECURITY AND SAFETY: Buyer and Seller are advised that state and local Law may require the installation of barriers, anti -entrapment grates, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs as well as various fire safety and other measures concerning other features of the Property. Compliance requirements differ from city to city and county to county. Unless specifically agreed, the Property may not be in compliance with these requirements. Brokers do not have expertise in this area. If Buyer wants further information, Broker(s) recommend that. Buyer contact local government agencies about these restrictions and other requirements. 26. RETROFIT: Buyer and Seller are advised that state and local Law may require the installation of operable smoke detectors, bracing or strapping of water heaters, and completion of a corresponding written statement of compliance that is delivered to Buyer. Some city and county governments may impose additional retrofit standards, including, but not limited to, installingg low -flow toilets and showerheads, gas shut-off valves, and tempered glass. Brokers do not have expertise in this area. Brokers) recommend that Buyer and Seller consult with the appropriate government agencies, inspectors, and other profession I s to determine the retrofit standards for the Property, the extent to which the Property complies with such standards, and the costs, if any, of compliance. 27. WATER SHORTAGES AND CONSERVATION: Buyer and Seller are advised that the Property may be located in an area that could experience water shortages. The policies of local water districts and the city or county in which the Property is located can result in the occurrence of any or all of the following: (I) limitations on the amount of water available to the Property, (ii) restrictions on the use of water, and (iii an increasingly graduated cost per unit of water use, including, but not limited to, penalties for excess usage. For further information, Broker recommends that Buyyer contact the supplier of water to the Property regarding the supplier's current or anticipated policies on water usage and to determine the extent to which those policies may affect Buyer's intended use of the Property. If the Property is serviced by a private well, Buyer is advised that drought conditions and/or a low water table may make it necessary to arrange, through a private supplier, for delivery of water to the Property. Buyers should contact water truck companies for the costs involved. Brokers do not have expertise in this area. 28. NEIGHBORHOOD, AREA; PERSONAL FACTORS: Buyer and Seller are advised that the following may affect the Property or Buyer's intended use of it: neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, creme, fire protection, other government services, availability, adequacy and cost of any speedwired, wireless internet connections or other Its or other technology services and installations, proximity to medical marijuana growing or distribution locations, manufacturing, commercial, industrial, airport or agricultural activities or military ordnance locations, existing and proposed transportation, construction, and development, any other source that may affect noise, view, traffic, or odor, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmental)y-protected sites or improvements, cemeteries, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. California is potentially moving toward high speed rail service between Northern and Southern California. This rail line could have an Impact on the Property if it is located nearbyy. More information on the timing of the project and routes is available from the California High -Speed Rail Authority at htto://cah rhesoeedrail.ca.Dov. 29. INSURANCE: Buyer and Seller are advised that Buyer may have difficulty obtaining insurance regarding the Property if there has been a prior insurance claim affecting the Property or made by Buyer but unrelated to the Property. Seller is required by C.A.R. Form RPA to disclose known insurance claims made during the past five years ((C.A.R. Form SPO or her SSD). Sellers may not be aware of claims prior to their ownership. If Buyer wants furtinformation, Broker(s) recommend that, during Buyer's inspection contingency period, Buyer conduct his or her own investigation for past claims. Buyer may need to obtain Seller's consent in order to have access to certain investigation reports. If the Property is a condominium, or is located in a planned unit development or other common interest subdivision, Buyer and Seller are advised to determine if the individual unit is covered by the Homeowner Association Insurance. Broker(s) recommend that Buyer consult Buyer's insurance agents during Buyer's inspection contingency period to determine the need, availability and possibility of securing any and all forms of other insurance or coverage or any conditions imposed by insurer as a requirement of issuing insurance. If Buyer does any repairs to the property during the escrow period or Buyer takes possession prior to Close of Escrow or Seller remains in possession after Close of Escrow, whether for a limited or extended period of time, Broker(s) recommend that Buyer and Seller each consult with their own insurance agent regarding insurance or coverage that could protect them in the transaction (including but not limited to: personal property, flood, earthquake, umbrella and renter's). Brokers do not have expertise in this area. 30. CALIFORNIA FAIR PLAN: Buyer and Seller are advised that insurance for certain hillside, oceanfront and brush properties may be available oneyy from the California Fair Plan. This may increase the cost of insurance for such propperties and coverage may be limited. Iroker(s) recommend that Buyer consult with Buyer's own insurance agent during Buyer's inspection contingency period regarding the availability of coverage under the California Fair Plan and the length of time it may take for processing of a California Fair Plan application. Brokers do not have expertise in this area. 31. HISTORICAL DESIGNATION, COASTAL COMMISSION, ARCHITECTURAL, LANDSCAPE, AGRICULTURAL OR OPEN SPACE AND OTHER RESTRICTIONS ON BUILDINGS OR IMPROVEMENTS: Buyer and Seller are advised that the Property may be: (1) designated as a historical landmark, (ii) protected by a historical conservancy, (iii) subject to an architectural or landscaping review process, (iv) within the jurisdiction of the California Coastal Commission or Buyer's Initials it ( ) Seller's Initials ( ) ( ) Copyright ®2004-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. SBSA REVISED 11t10 (PAGE 6 OF 10) Reviewed by Date uvr° o H umr° STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 6 OF 10) Mike Fischer 4 plex 0200 other government agency, or (v) subject to a contract preserving use of all or part of the Property for agriculture or open space. If the Property is so designated or within the jurisdiction of any such, or similar, government agency, then there may be restrictions on Buyer's ability to develop, remove or trim trees or other landscaping, remodel, make improvements to and build on or rebuild the Property. Broker(s) recommend that Buyer satisfy him/herself during Buyer's inspection contingency period if any of these issues are of concern to Buyer. Brokers do not have expertise in this area. 32.1915 BOND AND MELLO-ROOS COMMUNITY AND OTHER FACILITIES DISTRICTS: Buyer and Seller are advised that the Property may be subject to an improvement bond assessment under the Improvement Bond Act of 1915 and/or a levy of a special tax pursuant to a Mello -Roos community facilities district or other district. Seller is generally required to make a good faith effort to obtain a disclosure notice from any local agency collecting such taxes and deliver such notice to Buyers. Brokers do not have expertise in this area. 33. HOMEOWNER ASSOCIATIONS AND COVENANTS, CONDITIONS AND RESTRICTIONS ("CC&Rs"): Buyer and Seller are advised that if the Property is a condominium, or located in a planned unit development, or in a common interest subdivision, there are typically restrictions on use of the Property and rules that must be followed. Restrictions and rules are commonly found in Declarations and other governing documents. Further there is likely to be a homeowner association (HOA) that has the authority to affect the Property and its use. Whether or not there is a HOA, the Property may still be subject to CC&Rs restricting use of the Property. The HOA typically has the authority to enforce the rules of the association, assess monetary payments (both regular monthly dues and special assessments) to provide for the upkeep and maintenance of the common areas, and enforce the rules and assessment obligations. If you fail to abide by the rules or pay monies owed to the HOA, the HOA may put a lien against your Property. The law requires the Seller to provide the Buyer with the CC&Rs and other governing documents, as well as a copy of the HOA's current financial statement and operating budget, among other documents. Buyer is advised to carefully review all HOA documents provided by Seller and the CC&Rs, if any, and satisfy him/herself regarding the use and restrictions of the Property, the amount of monthly dues and/or assessments, the adequacy of reserves, current and past insurance coverage and claims, and the possibility of any legal action that may be taken by or against the HOA. The HOA may not have insurance or may not cover personal property belonging to the owner of the unit in the condominium, common interest or planned unit development. See paragraph 26 for further information regarding insurance. Brokers do not have expertise in this area. 34. LEGAL ACTION: Buyer and Seller are advised that if Seller or a previous owner was involved in a legal action (litigation or arbitration) affecting the Property, Buyer should obtain and review public and other available records regarding the legal action to determine: (i) whether the legal action or any resolution of it affects Buyer and the Property, (ii) If any rights against any parties involved in the legal action survive the legal action or have been terminated or waived as a result of the legal action, whether or not involving the same issue as in the legal action, and (iii) If any recommendations or requirements resulting from the legal action have been fulfilled and, if so, that Buyer is satisfied with any such action. Buyer should seek legal advice regarding these matters. 35. COMMUNITY ENHANCEMENT AND PRIVATE TRANSFER FEES: Buyer and Seller are advised that some areas or communities may have enhancement fees or user -type fees, or private transfer taxes and fees, over and above any stated fees. Private transfer fees: (i) may last for a fixed period of time or in perpetuity, (ii) are typically calculated as a percentage of the sales price, and (iii) may have private parties, charitable organizations or Interest -based groups as their recipients who may use the funds for social issues unrelated to the property. Brokers do not have expertise in this area. 36. GENERAL RECALLIDEFECTIVE PRODUCT/CLASS ACTION INFORMATION: Buyer and Seller are advised that government entities and manufacturers may at any time issue recall notices and/or warnings about products that may be present in the Property, and that these notices or warnings can change. The following nonexclusive, non -exhaustive list contains examples of recalled/defective products/class action information: horizontal furnaces, Whirlpool Microwave Hood Combination; RE-ConBuilding products roof tiles; Central Sprinkler Company Fire Sprinklers; Robert Shaw Water Heater Gas Control Valves; Trex Decking; water heaters; aluminum wiring; galvanized, abs, polybutylene and copper pipe; and dry wall manufactured in China. There is no single, all-inclusive source of information on product recalls, defective products or class actions; however, the U.S. Consumer Product Safety Commission (CPSC) maintains a website that contains useful information. If Buyer wants further information regarding the items listed above, Broker(s) recommend that Buyer review the CPSC website at httD://www.cosc.gov during Buyer's inspection contingency period. One source on the CPSC website is the Recalled Product Safety News where Buyer can search by product type or product name. Another source would include a search using the various search engines on the Internet for the specified product or products in question. Brokers recommend that Buyers satisfy themselves regarding recalled or defective products. Brokers do not have expertise In this area and Brokers will not determine if any aspect of the Property is subject to a recall or is affected by a class action lawsuit. 37. RENTAL PROPERTY RESTRICTIONS: Buyer and Seller are advised that some cities and counties impose restrictions that limit the rent that can be charged to a tenant, the maximum number of tenants who can occupy the property and the right of a landlord to terminate a tenancy and the costs to do so. If Buyer wants further information, Broker(s) recommend that Buyer investigate the issue with an appropriate government authority during Buyer's inspection contingency period. Brokers do not have expertise in this area. Buyer's Initials ( Z'y1 ( ) Seller's Initials ( 1 ( ) Copyright®2004-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC. SBSA REVISED 11/10 (PAGE 7 OF 10) Reviewed by Date ocu AMMa TUN17o, STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 7 OF 10) Mike Fischer plea 0281 38, LAND LEASE: Buyer and Seller are advised that certain developments are built on leased land. This means that: (i) Buyer does not own the land, (ii) the right to occupy the land will terminate at some point in time, (III) the cost to lease the land may increase at some point in the future, and (iv) Buyer may not be able to obtain title insurance or may have to obtain a different type of title insurance. If Buyer wants further information, Broker recommends that Buyer discuss the issue with an attorney or other appropriate professional. Brokers do not have expertise in this area. 39. HOME WARRANTY: Buyer and Seller are advised that Buyer and Seller can purchase home warranty plans covering certain standard systems of the Property both before and after Close of Escrow. Seller can obtain coverage for the Property during the listing period. For an additional premium, an upgraded policy providing additional coverage for air conditioning, pool and spa and other features can be purchased. Home warranties do not cover every aspect of the Property and may not cover inspections or upgrades for repairs required by state or federal laws or pre-existing conditions. Broker(s) recommend that Buyer review the policy for details. Brokers do not have expertise in this area. 40. INTERNET ADVERTISING; INTERNET SLOGS; SOCIAL MEDIA: Buyer and Seller are advised that Broker may employ a service to provide a "virtual tour' or Internet marketing of the Property, permitting potential buyers to view the Property over the Internet. Additionally, some Internet sites and other social media provide formats for comments or opinions of value of properties that are for sale. Neither the service provider nor Brokers have control over who will obtain access to such services or what action such persons might take. Buyer and Seller are advised that Brokers have no control over how long the information concerning the Property will be available on the Internet or through social media. Brokers do not have expertise in this area. 41. ESCROW FUNDS: Buyer and Seller are advised that California Insurance Code Section 12413.1 provides that escrow companies cannot disburse funds unless there are sufficient "good funds" to cover the disbursement. "Good funds" are defined as cash, wire transfers and cashiers' or certified checks drawn on California depositories. Escrow companies vary in their own definitions of "good funds." Broker(s) recommend that Buyer and Seller ask the escrow company regarding its treatment of "good funds." All samples and out-of-state checks are subject to waiting periods and do not constitute "good funds" until the money is physically transferred to and received by the escrow holder. Brokers do not have expertise in this area. 42. NOTICE OF YOUR "SUPPLEMENTAL" PROPERTY TAX BILL: Buyer and Seller are advised that pursuant to Civil Code § 1102.6(c), Seller, or his or her agent is required to provide the following "Notice of Your 'Supplemental' Property Tax Bill" to the Buyer: "California property tax law requires the Assessor to revalue real property at the time the ownership of property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector. If you have any questions concerning this matter, please call your Tax Collector's Office." Although the notice refers to loan closing as a trigger, it is actually the change of ownership which triggers this reassessment of property taxes. Therefore, the Property can be reassessed even if there is no loan involved in the purchase of the Property. The Purchase Agreement may allocate supplemental tax bills received after the Close of Escrow to the Buyer. If Buyer wants further information concerning these matters. Broker(s) recommend that Buyer discuss the issue with the County Assessor or Tax Collector or their own tax or legal advisor. Brokers do not have expertise in this area. 43. NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent, may disclose the existence, terms, or conditions of Buyer's offer, unless all parties and their agent have signed a written confidentiality agreement (such as C.A.R. Form CND). Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the Listing Agent's marketing strategy and the instructions of the Seller. 44. FIRPTA/CALIFORNIA WITHHOLDING: Buyer and Seller are advised that: (i) Internal Revenue Code Section 1445 requires a Buyer to withhold and to remit to the Internal Revenue Service 10% of the purchase price of the property if the Seller is a non-resident alien, unless an express exemption applies. Seller may avoid withholding by providing Buyer a statement of non -foreign status. The statement must be signed by Seller under penalty of perjury and must include Seller's tax identification number. Buyer can also avoid having to withhold Federal taxes from Seller's Proceeds if the property price is $300,000 or less, and the Buyer signs an affidavit stating Buyer intends to occupy the property as a principal C�� 1 Buyers Initials ( Seller's Initials ( ) ( 1 Copyngbt®2004-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. y Reviewed b SBSA REVISED 11/10 (PAGE B OF 10) — Date POATMly STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 8 OF 10) Mike Fischer plex 0282 residence. (ii) California Revenue and Taxation Code Section 18662 requires that a Buyer withhold and remit to the California Franchise Tax Board 3 1/3% of the purchase price of the property unless the Seller signs an affidavit that the property was the Seller's (or the decedent's, if a trust or probate sale) principal residence or that the sales price is $100,000 or less or another express exemption applies. Exemptions from withholding also apply to legal entities such as corporations, LLCs, and partnerships. Brokers cannot give tax or legal advice. Broker recommends that Buyer and Seller seek advice from a CPA, attorney or taxing authority. Brokers do not have expertise in this area. 45. LIQUIDATED DAMAGES: Buyer and Seller are advised that a liquidated damages clause is a provision Buyer and Seller can use to agree in advance to the amount of damages that a seller will receive if a buyer breaches the Agreement. The clause usually provides that a seller will retain a buyer's initial deposit paid if a buyer breaches the agreement, and generally must be separately initialed by both parties and meet other statutory requirements to be enforceable. For any additional deposits to be covered by the liquidated damages clause, there generally must be another separately signed or initialed agreement (see C.A.R. Form RID). However, if the Property contains from 1 to 4 units, one of which a buyer intends to occupy, California Civil Code Section 1675 limits the amount of the deposit subject to liquidated damages to 3% of the purchase price. Even though both parties have agreed to a liquidated damages clause, an escrow company will usually require either a judge's or arbitrator's decision or instructions signed by both parties in order to release a buyer's deposit to a seller. Buyers and Sellers must decide on their own, or with the advice of legal counsel, whether to agree to a liquidated damages clause. Brokers do not have expertise in this area. 46. MEDIATION: Buyer and Seller are advised that mediation is a process by which the parties hire a neutral person to facilitate discussion and negotiation between the parties with the goal of helping them reach a settlement of their dispute. The parties generally share in the cost of this confidential, non -binding negotiation. If no agreement is reached, either parry can pursue further legal action. Under C.A.R. Form RPA-CA: (i) the parties must mediate any dispute arising out of their agreement (with a few limited exceptions, such as matters within the jurisdiction of a small claims court) before they resort to arbitration or court, and (ii) if a party proceeds to arbitration or court without having first attempted to mediate the dispute, that party risks losing the right to recover attorney fees and costs even if he or she prevails. 47. ARBITRATION: Buyer and Seller are advised that arbitration Is a process by which the disputing parties hire a neutral person to render a binding decision. Generally, arbitration is faster and less expensive than resolving disputes by litigating in court. The rules are usually less formal than in court, and it is a private process not a matter of public record. By agreeing to arbitration, the parties give up the right to a jury trial and to appeal the arbitrator's decision. Arbitration decisions have been upheld even when arbitrators have made a mistake as to the law or the facts. If the parties agree to arbitration, then after first attempting to settle the dispute through mediation, any dispute arising out of their agreement (with a few limited exceptions) must be submitted to binding arbitration. Buyer and Seller must weigh the benefits of a potentially quicker and less expensive arbitration against giving up the right to a jury trial and the right to appeal. Brokers cannot give legal advice regarding these matters. Buyers and Sellers must decide on their own, or with the advice of legal counsel, whether to agree to arbitration. Brokers do not have expertise in this area. 48. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specific registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov, Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) 49. LOCAL ADDENDA (IF CHECKED): The following local disclosures or addenda are attached: A. ❑ Buyer's Initials ( ) ( ) Seller's Initials ( 1 ( 1 0 Copyright®2004-7.did, CALIFORNIA ASSOCIATION OF REACTORS®, INC. SBSA REVISED 11/10 (PAGE 9 OF 10) Reviewed by Dale fwamsw OPPORTUNITY STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 9 OF 10) Mike Fischer 4 plex 0283 Buyer and Seller acknowledge and agree that Brokers: (1) do not decide what price Buyer should pay or Seller should accept; (i() do not guarantee the condition of the Property; (((i) do not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) do not have any obligation to conduct an inspection of common areas or areas off the site of the Property (v) shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Brokers; (vi) shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) shall not be responsible for verifying square footage, representations of others or information contained in investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. Buyer and Seller are encouraged to read this Advisory carefully. By signing below, Buyer and Seller acknowledge that each has read, understands and received a copy of this Advisory. Date March ?, . 011 /% y` Date_ BUYER /J ����/-'dC. BUYER Date SELLER (Print name) SELLER (Print name) Real Estate B(rrokerr (Sell Firm) La Ouinta Palms Realty DRE Lic. # 00915271 By � -/ ui. zr" Brace Cathcart DRE Lic. # SAME Date 0310712011 Address 51001 Eisenhower Dr. City La Quinta -State CA. Zip 92253 Telephone '7Id -1-6 y- j�lo f! Fax (760) 564-0344 E-mail laquintapalms@dc rr com Real Estate Broker (Listing Irm) La Ouinta Palms Realty DRE Lic. # 00915271 By �� Bruce Cathcart DRE Lic. # SAME Date 03/07/2011 Address 51001 Eisenhower Dr. City La Ouinta State CA__ Zip 92253 Telephone 9m0-56 `/-Y101/ Fax t760)564-0344 E-mail lacruintapalms@dc. rr. cm THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAKADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It Is not intended to identify the user as a REALTOR®. REALTOR* is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics. Published and Disidbuled by: REAL ESTATE BUSINESS SERVICES, INC. a asubsidiary of (he California Association of REALTORS® Reviewed by Date rwnxomwc K 525 South Virgil Avenue, Las Angeles, California 90020 OiNFUMT1 SBSA 11110 (PAGE 10 OF 10) STATEWIDE BUYER AND SELLER ADVISORY (SBSA PAGE 10 OF 10) Mike Fischer plea 0284 ct� �a Q F OF TNti TO: HONORABLE CHAIR AND MEMBERS OF THE REDEVELOPMENT AGENCY BOARD HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: THOMAS P. GENOVESE, EXECUTIVE DIRECTOR/CITY MANAGE FROM: DOUGLAS R. EVANS, ISTANT CITY MANAGER -DEVELOPMENT SERVICES DATE: MARCH 15, 2011 SUBJECT: AGENCY CONSENT CALENDAR ITEM NO. 11-VILLAGE PROPERTIES COUNCIL CONSENT CALENDAR ITEM NO. 16-VILLAGE PROPERTIES Attached is the Contract Amendment to the Fischer property purchase. This property is currently subject to the bankruptcy court disposition. As such they have requested a deposit of $10,000 instead of the $5,000 as noted in the Agency/Council's packet. 0285 TO the / led le 'ev 01 Br OstMa, comaruMorahip, m guardianship Identified by the Superior Court cafe nouns m C a T. t+a rsseusr w tsBt Fnnviv n va o a "cedar'), wa b an offer Cron papBrly sttuMaO M: _ LR �yslwTR r of G f'Buyor)• for the Purchases of red aeTL//SO AVB,—t. i'O/tlD.9 ,CadomlSESSOa. S PARCELNUMBER: �7a~ /8 ®O'i ("PrO...n.,•v ..._.r. ASSESSORS - ..:,y p»raanN prop -'a Induced In tab underParagraph Is Wid 21 AS L ,. —._,. or _,.n The Properly b �ol�'ri9 Who Its present common m of the time OtacupMnce ofthe oft without"muey m IO condition, toning, permif ei use of the pMpNy, aSAY other mothxmtlInwr :. wRCHASEPRICE.ThoeamM tltlryg. $'3s ono as T:iFaBardrNUAl�O�att/iRYyfiVb Tr/oosoadnalaro(s_ In cash: Other credit or finmkdng tyme: a a..u_Y..E_R.reIwnALDEPCM rayr'" . .� ).................. xD. 0 _--- tithe MproaeMeOw of the Me EsbO, F1Eecrorr HpMar, O Smkybtnd%twwunt,orxTjy,T,, by Pommel Chaok (or, N chatlrod: Cashlsr's Check, ❑ can, or ❑ TO BE HELD UNCASHED ufrbiem non businma day ants, acceptance of ore ory,a rte...�+�„g+i,_ e. BUYFA'S INCREASED OEPOSR. BUM �'7—•if uye ofoma. Within _days lrrm aCrapiafine of Ma Dryer ..........v 'S S BALANCE OF PURCHASE PRICEObe paid as follow _f`a.e1, e+ .. t,...e ..P tie >•...v ALLOCATION OF COSTS: COab shall be psW as, fokowe (check boas which apply): CLOSING COSTS: A. ) Buyer, 8stlea 0paY Eactawba 1 Oh 0 HWWrchtll lea Seller. C601Cas IL❑Bu}or,Sellar.bpay Gvns,wi Tits lmurana polfry:(C](ATA or ALTAA). 6allwsnCpoloe ", Dr proNtled by company. G _ ,BuM, ❑ Sodor, 0 pay lamlas,'e rite Morena pdky. O U SumxSellec to pay Coumyprapamuarnlartmt aria E, pBuyer. SePe[topOY CBY PmWrtYtramfirbza/ta f. Buyer, 8aibo Mpay Hemeownoro•AesodMlm iranMw lad Otappmzmatatyi _ 0. ❑Buyer. "IV, mpay aA-eaarrr ant rtcommymgaiard resulting fmm payoff of madialhoBncum G' H. 0Buyer. BeM9f, 10 payfm arewbg ant recording of five dead Or Other document of conromme, HOME WARRANTY COSTS: L 1. ❑ Buyer,' , shelf pay Me cost of a orms"ar home mercury plan, not M saoser x , M be Issued by alM thaTaMmnre opalOnM cwemgr. . OR R. ❑ Buyer and Baler slept NOT to obtain tens oewaega. J. 1. Sellerahell PAY All ratified tamfastawhioh BuyerMratpertNtbdto, Aflmncb%graguhdlom,fnckldlngMnorlghaft tee, B roqu1r00. /"- ;. ❑BUYy.❑belted shoo pay kx VA turWlr�Ia a. ❑ Buyer, O Sell a, shelfpay�tOJr�aWSCOum pants, lMdled 10—pohfe. a. saO %porith.7. lorldere apprabal report, repair work InrapukW, Selig shell pay Mr Such worn 0 a nmrWMM amount _off Buyer or SSSM may cencal this ballsaptMn N Buyer la unwllling or unable to pay ter crab Of Mpelr mfk K. �6fructural peatcmbOt report and croak wank buotawMeim MMb mIA structural pest control company, ocnerbgere main building and aturched structures arm, POhached:�d peeIXmfpmb, ❑ WOkn. ❑ the (diming enter structures On the Property: Ifine PropmylaauNiMewndominlum,gmMd WmWmant, ors, cooparmHe,the Repog"lcowrodythefepareb Intaravt and any ezclusm use areaa being NcorrL. Sommep annual, , t. ❑ Buyer, O Saber, 0 ended b CarraCt 'Ac4se lroestatbn:' Section t"emadorm. g. ❑ 8u . M pay for work reconUrs d M correct •PreverAW a,' '1160a n g" condhpna, If MoueaNd by Buyer. L, 1. Reatpmpprt WaMaamaa ants \lroerO&,rang HOmaOwepa'ALOpdaemfopluduMmdregularawnwranb,pramlumam 0auf6noem "d by Buyer, andpaymenb m bonds and aaaammeme assumed by SUM shell be PAID CURRENT and Wmw between Buyer and Bailer ae or Me data of dose of momw, (Or ❑ t, g. Payments on 114611yRaoa yid ghat Spaces Ammamrm 040M Polish! And are MWtl'hI h era now a Non, and paymmb or, HomMKrnaro' Association tCedMmamemanb wh ch amfgwa Pan, shag be PAIDCURRENTYq prorated balsam SuMand Selby m Of thedoM Mcime of escif MD, paynronb that are rfe(yMdueaawmed byBuyer WITHOUT CREDITIOmaN the purchase prim, (or 0 A The Property is subject Wuponchageofornrership. This wOi aHacn the taneebbepaM. AmsupplamMralW for pia rtoda pdor huclam of osamn, Ta. Other: I wues.yar aawmwr>.ware 1 i RRf1KER'RtX1PY PropanyAudrwa: /�/YPa/nu4 14A0L14w'lV 'vregl4' teQ. Dated: 3 1f it ,bpi_ RDMRMMArM OF COURT CONFIRNATM (CMck the aptbn babw Bed Mpiba): A. CounConflrmaBonRagtBNB:Theaabbo0ntlnpemupWmuncadrmatbn.Tnbalbwetwapm.mmpadMabminpddlemeetMarkq. 7MminlmumwaRAd prl0eandlheenamoUMapUMmMBgCCplad WTMBBOPrieq PlueMgPaecaMolMalamounl, phuffiOB TFIBOOUR andidabrmme nMlunAerinmWnanW euocaesyro0wNMdLlpamounq. BeaMlaWssNm Bnnd PhrtermealeeurlpoMinaetlonoflMaeb. Bamgbr lermodcrounomplrmstbn dihe Brie. Buyarenali have Mrwdays from note bemlfela orh'mr4 sotlon M elm w either" from the saw. m Buyer stem 10wh nd depmlf momy held, sees applicable oft _.0 CeunCordirmaaon UrgotemdnW: rat MaemaoOCCOPIAMce afMb 08w, or Nsdonas practicable m,,,ft, apgalda+i wmm�neNOngrpubed,lM WewNprxaed ummPyeyepnAllOWri mnflrmetipniamllogulpe. g. WIEN COURT CONFIRMATION OFSALE IS REOUIREO;Ssibr shelf life a pethantocommrn thesate of MB Property arm the Mun,A=4 cpmlmmt m hearing la Qerleragy held apprmlmetoly Be to 43 days sal Polnion le Ivied. Seller slnD "only Buyer in writing of the Mud comlmmgOM hearing data, tune and locationft)W 81ron91yroMimmMd9 that Buyer pxaenegy appoarm the Wirt MMNrrmgch hearings, Protect Buyer's Pension In is, avert of Over6Mdbp. IF the mud approves the ease to Buys, lie dapcelt money held on behalf of Sear,hull M SPPgeO toward the purchase prim If the sale le has canikhmd ro Bvyerdue m an double. Buyor's default It mmroy, ION eppk bl,MM sled, be MM, to Buyer If the auto tocordkmed by the met 0 Order Confirming Sale m BuyerwSB be Issued by Be coon. SUM shop pay she balance Of the purohos , price wlOdn 10 (w ❑ _.) days tram receipt of such Order by Eacmvr, Holder or Buys,. bylew lf the puroMaeMm is Ion then 90mrMirmd Pro Mang, refs .ex,e....Tw....s...-..,.. �.�.._ IrMTOM ueMVLTBAFiERCOUFFT ONFiRMATION, OROERCONFIRMING SALE MAY SoVACliTED.TNISMAYRESULTIN BUYER'S FORFEITURE OF THE FULL DEPOSIT, OR ANY AMOUNT THECOURT MAY DETERMINE MSATISFY ANY DEFICIENCY OF SALE PRICE, COSTS, OR OTHER LOSSES BY THE SELLER, Periods ll lapsed as lridkzW In the applicable A. ❑ 8uWs Inwet"Mil d Proplem cmudFu B. ❑Review OtAPreiimimryTh C, ❑ RpagglgpGOAMygBI parmre0h 121. Ia. BUVFRPSINVI of the Property . ouprserepecTlW Ormerrepertymay imYumaoygoo" asoustemmg, Ceding l0rotner nazardatminelerlalA Indudirp,butnd limited m, esbadaAleadDaaed pabt, ammdonges. BuyoraocepN loll rwpenelbmny brdisoaerinp wnmwNdmnepeorprobtsmsomYbop+osentwllh Ihelendoriq inrprowmenleeMarrymredMW OropedytndudBtl IniM eats. Boyerti evootheGra edtoeaortiee mace riphm endbmake8uyer'aownNbWonof profaaaenelswIMeppropmlaquaMkat6TrP bcroidud Inmeedlons of the sera IeropeM• BUYERIS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY AND ALL MATMRSAFFECTWO THE VALUE ORDEBIR"UMOFTHEPROPEM.. W BUYERODESNOTEXERMCTHESE R1ONiS, BUYER ISACTING AGAINST THEAOVICE OF BROKERS. BUYER UNDERSTANDSTHAT ALTHOUGHCON0ITIONSAND oemcre AREOFTEN DIFRCULTTO LOCATEAND DISCOVER, ALL REAL PROPERTY AND IMPROVEMENTS CONTAINOEFECTS AND CONDITIONS WHICH ARE NOT READILY APPARENT AND WHICH MAY AFFECT THE1aMWE OR DESIRABILITY OFTHE PROPERTY, BUYER AND SELLER AREAWARETHATBROKERSDONOTGUARANTEEANDDONOTASBUMERESPORMBII..ITYFORTHECONORIOH OFTHEPROPENTY. BUYER ISALSOAWAREBUYER HAS AN AFFIRNATIVEOUTYTOEXEW.MSERERSONAILECARETOPROTECrHBMSELFOR KERBELF. INCLUDINO THOSE FACTS VMICHARE KNOWNTOOR WITHINTHEINUGERT ATTIrENTION ANDOBSERVATIONOFTHEBUYER(CIMI Cade 621R1b). BROKERS NAVE NOT AND WILL NOT VERIFY MY 17TEME, UNLESS OTNERWISE AGREED IN WRITINO. Sol shall make Me Property n&Feble for all Inspection.. Buyer Mall keep the Property kN and Clem of Item; Indemnify and hold Seller MI'MIM from OR liability, dries, demands, damagN, and costs: and repair dl damages eriong from the Inspections. No Inspect., may be made by any 00"Mmentel building Or zoning mgl) ter Or gowmment OMPloyae without the Prior Wilian c,naeM d Seller, unless required by 'Ott' sew. Buyer sham Provide W S,N,n dMroP, upon requed Of Selby, aemlde 000006Of all IMPOCUMa pone obtained by Buyer concerning the Property. 11. TITLE; REVIEWOFA PRELIMINARY(TITLE)REPORETItesholibaaubjed mall lions, encumbrances, eaeemema, wvemdq 0omidons, restrictions, regnb, and other matter, shown In the preliminary (thee) remn,aPPN�un1eN otherwise agreed in wmMg. Seller $has ProvMe Suy,rwlm a preliminary gmb) span ter Ve Propwly, from the dole of acceptance; obtain formal ban appril remove ma moan " lien evldenoe of loan approval. if loan approval has K�}}g''ency"aa not bfen lemwed, or wrman ""den.-ceeoil ban Approval has Minimum Overbid to be at least^` Ji116 higher than or g nalib d Overbiddor to match all terms, 4 conditioner of original bid. If a successfol overbid is accepted E confirmed by the Court, then the successful overbidden to reimburse original bidder up toe $-Z— ��'� in costs incurred. Proof of moniee Spent to be given to overbiaaer.M ^y Barer and SNlsr ci May of MI.~, papa. w Iah OMNI 20 Paga, ____ OnlOauaa ONlw + � Buyer's hrRlala L I e Sea rshra$ls f I gMenakyaW,wMaNpwae— Oaa_ MOKE" OOP Y unvu y MIN CRP PI WCNAaF nF RFet PBHPPNTV'PaP.TA D440 > r10 Al 028 7 Prep.,AhN.,701 oNA4441A&!,,& 'oasts . �isSpOgad: ------ _. _..._. wares g,bdlgalw: A. The PRIP" bee_ P:W" sbaces aeNgnad to d. LL The curtant regmm Hamwwneri Awwiaa0n (HDA} duesNsaesamente are E � ^"� payable ❑ monthly or ❑ _ a lacy enad aquwlydmm 8(ur ❑_. _)days andpgMe m2depormoMpt, ebykrmwoWdbgapadalOwswnt alalYra. aldlgstim;o:Opiw otmvenanta,00rdlt artlelw OfbrwrporetIM;Wawa: Other govarnigd=mwb-. mast mfmMdnandgalammWa ey1ES4)�emnrrdrarogwbpnmlbden(acabddyotagenamPlwa,deryfdicada:wrrem HOatemmeme DdOeaaeaemene(GHdCada4106Wmly�ardooumarromqulmdbyNw;andMemmlrornMl2monlha qX rWapgplp.8uprshag, wimin6(a❑.�jdapgreogpl,pmAtlewrktan ngtice to 9gimotarrytMwdNsppmrad. u ire sarrrenry Ie case ragomtrg mmpgence wlm mNgwwrung tlggramld a HOA reyulremenb, unless eaherwlea agreed In wdgrg. E. Advance Deyment lmpoundl. ifmry, glglbewlignedand chNgpdm mrymerdcrWibdbSalNLa:❑ ❑ A. AC'hVE REMOYAt:d$uyMe wrhNn node remadrg ant aDemcaN ea lance dealyNod m$ehmWahin cos mnangwCypadode oPeCalw In pmagraphs la 11, 12, and 13, beaecSon. It Sadler conceal, dopmM money NO appdaba, tb9js WiU be refunded to Super. OR ❑ LL VAiSIVE REMOVAL• If Suyw*nftan It ovhgaoebo Ico11*90Vlea Is rot delivered m$Offer whin ma mmrb contingency slledfied Inparegra0hs10,1k12. uyerahadcmcWalvehbeowned toheva:(a)complebdall bNpecdpa,(MmagallonL review otappdcabledocummlm courea aml removed el camnganrAw, Including the oomingency Of otrulmig leans if appdmbfe;(b) abded Proceed 0trmisection;and (0) assumed an UwUlty, reaporalbdity and e,pmiss for mpaire or aarrw9ons other man for henawNM Opreed In wdDg m re{igr or axr*et C. RBea ringwmablobco orryltemmwmabrydbapp*mdbyBVMBuymmgc MOWttW,Wumgbnandhaeomadepm4, 13 SELLER EXBMPTIONS: Seger Is agrmpl from ProvlGng Buyer Mmfl010110tlrg Eemo which am applicable In many other rrsidamial orbs, Buyer should combia as mepedtaoa necessary m otaaki the mmmadon covered bymwe (lame: A. Roof EaMb 7twler Olaeloaum516tameM: ThIOastONmamptrmm SbleraaloatafatraromrdieClpaurerWgremente under CeYfomia CNu Code 411022(b) for "Usnslors purewm record order' arillw2.2(d) far'Tmafem by eRduciary In ewcourae Of the admmarew on of a dacedenth *stalk guardbrraMp, co amvamnhip M mod"NO Utah mwftum ammmem war be pmmad to Buyer by SeINL B. McN-Rooa District This sale N mamafrom the oMgmbn of Sedar b obtain and deliver m Buyer a notice a~or the Property is subpd m $Pw AI tan Pureuau b me Moibliow COmmudly Fwllal*O AOL C. Earthquake Safety: This said is ea4empt from the obugam 0sow todompNm amdrovermBuyer a"Hpnewmm'sOYWebEarthquake SBW'w*'Cb Or PtIl OWrOre Oulde No FsMqusta Safety"booklet. D. Snob DOW*"$): ThbegeIII m Pt Noun$e nequlmmeMe regarding woke deNclos. It MquhOd bybGl odInand, smoke dobctar Instsdaton shell be performed a Buyer's rup as and dMom. These may Include, but Are not MAW by. dladmurw Wabd maroPro w aaud zees, 0&Modal flow IareNaroa,estm rtrer ha rW&dngmqubemmde; wmPOwcowhhwyrAhmmmanummantlalxy O. AOEhirm owif TO INSPea AND INFORM: Pot' was Of maklendal pmpeMcontaining onto{our dwelling unite. the agents mpr tang Sulfur Are Buyer have a duty to Donor, a diligent visual Inspection of ma meonabry scowl Arms of the PmPedy, con to inform Buyer d any met" two ringed by such irapwtion atfeding Me valm ordagrebday of the Predarty. This may be time In awiden Won dread and algmed by eadl agent and d011vM" mBuyer. Agent area Mite every peed m do w within the time home of guyw's InewigeMn di Prepody Condition Ported (paragraph 10). I& VESTING:THE MANNER OFTAKINO TITLE MAY HAVE SERIOUSLEOAL AND TAXCON$EOUENCES. Buyer Intends Ntalatitle w fallow&: 11 ESCROWINSTRUCTIONSANDCtOWNGPERIOD _ �am'l=qftim at Rdsomerifmuncwfnmmloneathoswe to REQUIRED, eaaowahallcbeewmlkr 10(a ❑ _) daysirem E�crowHoldm a Suture recelp of a dopy of the court Order Cgwrming Sale. Seller lhel nor bo obligated m 09A ewrort' metmdiore or Inca any coo" coma pna m earn contlrmatbn. IN THE PURCHASE PRICE(uniwo mluded baina),and shell be vamNrrad Me anons.ThwOlmlude, but are not owcbdu.1, lighang,plumbig wW oahngflu dmplaminse+a, mNreystenLbdltmapplancl , coulee wlntlowomermgLaaoched hmrmwrags,tamisialardannas,OWING detweand rgaNaaq Igep,awslaama,sh000drfficni lorea,pmaepa eVipnm4 watm Gutman; Of owned by Sag oma Of owned by BOOM), gmago OmOPWOMIM-00 mntrds, atlached freplo" agripmam, cspirg including lr*wWwula ITEMS EXCUUDED; or mnose for use, are included' 23. SELLER'S RIGHT TO CONTINUE TO MARKET. Sauer mwrwathe 119M at continue to mmvot the Property and m accept All oSam. 24. TIME OF ESSENCE; ENTIRE CONTRACI, CHANGES: Tim 19 Of me wsaws. All agnomens DBmman the parses are Incorporated in IN, Agreement whion curnplunes the anam Cmtmm. Its brme, Ara Inendecl by the parties As a final, complea, and mrdusive expression of their epreemantwlm rwpadm 9e wbiod maker. and may nothmonwdkNd byevidmm otarryprla Agreemenlacagemporenww orebgmemam. The encores In tma Agreement are for mmagwce of reference only, and an not Intended as part of this Agreement. True Agreement may not be *Mended, amanNd, Modified, 6110 ad, or changed to any rsepeet whaaoaver, oxmpt In writing atgnml by Irate, and Seller. Buywud Sakarwknawah acomgrh�opeee.whlch *onrpl� �t9 ei �S...ragas 2r1Ca Uea ONly /�/�� alwae'a Imv L,—.—..� $atlaYe lnMNN4�• W.Vawa M 6LM wawVr� Q 814M 8OOPY pin FAR PIIR Aop mF a1F61 Pgr1PFOaV vanal vAns, a 11F 41 PMPey Addy :Vi'�o Ayeatd® t to Y"t (A-�!k:.ha4 • Dated: 3 L( a& OMER TEAMS: The anerurmelro POWod lmotNa Agroement ateNogore: Seller will not NL AGENCr CONRRMA;n(M. The mllwvhg agangnlerlorohtpeare lenmyoomirmed for this lru eatitm: of tL1a agreaMent Prudential California Realty, Clarence oshi ante tktlno Agent a8 ( 0097: (Prim Rot NmW . 11016 Geller W"naivdy; of 0 both the Buyer andTB0aI'es' SallingAgem:"`^ E.au;M+,. �asi AA S. N.Cn (Und ewneul.fohngAger�bMaepxad(cfNckxN7: .f (p"F'km Nsrrol f6 tlta Buyer exclusively, or O the, Seller oduany. a ❑ both the Buyer' and Beget Baal Estate BnMM era 1104 parties m the pmdese and Sale Agrea rWO bdwawx Buyer sold Begx. OF TIRE PROPERTY CONTAINS 14 RESIDENTIAL OWEUMOUNIM BUYERANDSELLERRWIBTALSOBEOIVEN ONEORMOREDWXOSUREBREOARDINOREALESTATE AGENCY RELATIONSHIPS (G.A.R. form AD.14b) B7. CONTRACT PROVMMSBINDINOONSUYEFM:nthteder 13msdebyli4Mt nonepamm, IMproNdpns pWlblodandbwre WIMWMR of each and all of the undarprod Buyers. as OFFER: This IS an offer W FUmhWO the Prapxy. Unleaane¢epgmr�pypMdbyShcx arN A stoned cam NRered In parson, by man. a hlcNmW, and wrwneM reralvwd by Buyer or by �• vPuftL1AS `h'brCi46 pefA 17Cst . who is aWmRsed a meeW Il, by .10_,w_AMIPM, the few shelf be downed nonsked and the dspoWit shall be returned.Buyer Ond 0dbrMWOW OOthat BmkMWonot panesWON, Pumhaw AraltaoAgreement. SUPst hall read and acknowodgureoalploracopy OVI S offer and agrwe to the above upnBrmaOm of agency raAOemMp, If role otter Is accepted and Buyer Rtbacguenty defaults, Buyer may bemsponallofor psymeMdBroken' .ThhASra and antaupplemxd.addenchou rM"kafon, WUdDV ylhaocopy w bc9w<llxbeshmed in two tarpX all of wMch shaD canstiWte are, and the same writing. 7'/fuMeOS %r 6EWo dSS YACCFP'yFANCE BYI The undsrdgned, cop erowwww of �.. accept, (❑ NaJeabme atbphedcoaaarofre)meeregofngbM(affa)byBuyegz>eawldt.rxdal InedgiaAmb, kaerew.end Nsob IheredproPery being sold on the above tamp and conditions. Canmbelons well be paid to Brokers as descrlbod hwan, or In the want d coon mnflrmeen or Meade, afagaved dkeoouM The urrdemignedfalMraekrroMadgearecelpta achs4k ese doposnm the amaudda Chapter rusteE flapreaanbUw(a) Of — ACKNOWLEDGMENT OF RECENT Aaoelpt at slgwd ecdPUNI m (dote) d _ AMJPM, by Boys, or Boyers DNigwted RepreseMallft is acknowledged. (—�_� (Intends) OR '�tACCEPTANCEi COMMISSIONS � 417 -17 Zr ri1 , The MON Booted Is Prudentialali Cat Realty '7 � I r7 r`.� (Brea rume6 and Is mprNemed by (¢gars(), The "Hog Braver la I -A. C -�-tR' 9IpI5 * (Brea nameJ. Ord b mprasaMW by SvA B. r- t� (sped) Thsh,WroWas%Wbmkwaoecpnmlaaionb-9kdtheaeel>rim,m .wMunk=aNrwiwaorwd,swa dw4w equally by Brokers morenced above. If court commons tlon of Via sale is required, me court *10 determine the cMmla don Marco. Comhissiae awarded very from county to county. Commissions we payable by Sollx only U ono sae ckame. Boller Is net liable Im a coauessen ro any agent a broker who Is cl on, bWkecty amachaser of me property, at hot an uNnat In the pun]eam COYYIOSION IN EVENT OF AN OVERBID BY ANOTHER BROKER: In the wont coup c mliinnallon a ono sate is required, the orgnel selBrp Broker Identified above SOMN to way an connotation ngIna In the e a successful "Old in coon by a dffferem buyer npnssntad by Manor broker. OdgMal Sxime Agent's Aeknewedgmsnt Usdng Agent's Acknowledgment( 1 Llakg &der Accadxww: Gee.�....1_ } j _— Being Broker Acceptance: Data g tf tt1 Firm Prudential California Realty R 1KT4LL ; Namy gy Clarence Yoaba lusue agent) (ago" 240 ncrlCE USE ONLY naaµ� .��� r•. RMawatyamwraauWiw._— 'tin ieCeA'eaeae1e0O1°°er' ~ ,� Page laPaWk. t °i � �tasaar Bt CBCOPY 1e'eYM BID FOR PIItICAARE OF REAL PROPERTY IPBP.tA PARE A OF 41 0289 ADDENDUM TO PURCHASE AGREEMENT This Addendum to Purchase Agreement (hereinafter called "Agreement") Is entered into on this 11th day of March, 2011. by and between the City of La Quinta. a California municipal corporation and charter city, (hereinafter "Buyer") and Thomas H. Casey, as Chapter 7 Trustee for the estate of: Michael Anthony Fischer, Sr. Case No 8.10:bk:23883-ES, (hereinafter called "Seller" or "Trustee") pursuant to the terms and conditions as follows: WHEREAS: The Debtor in the bankruptcy proceeding entitled Michael Anthony Fischer, Sr. Case No 8:10:bk:23883-ES, is the owner of record of certain real property commonly known as: 78180 Avenue La Fonda. La Quints, California 92263, AP # 770-124-007, (Hereinafter the "Subject Property"). WHEREAS: On September 30, 2010, the Debtor filed a voluntary petition seeking relief pursuant to Chapter 7 of Title 11, of the United States Bankruptcy Code, WHEREAS: As a result of the filing of the Chapter 7 petition, Thomas H. Casey, was appointed as the Trustee to administer the assets of the bankruptcy estate, one of which was the Debtor's interest in the Subject Property. WHEREAS: Pursuant to 11 U.S.C. Section 363, Thomas H. Casey, Chapter 7 Trustee and/or his attorneys will seek a Court Order authorizing the sale of the Subject Property. NOW THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS: CONDITIONS OF SALE 1. Court Approval: Seiler agrees to proceed in good faith to obtain Court approval for the sale of property located at 78180 Avenue La Fonda, La Quinta, California 92253: AP # 770-124-007, contemplated herein, within a reasonable time period after said offer. 2. Broker's Compensation: Brokers and Agents are entitled to compensation only upon recordation of a deed or other evidence of title. S- or 9 0')9 0 3. No Assignment: This agreement is between Buyer and Seiler. Buyer shall have no right to assign the Escrow, this agreement, or transfarthe Subject Property concurrent with closing without consent of Seiler. 4. We Insurance: The title Insurance policy shall be subject only to liens, encumbrances, clouds and other matters as may appear on the preliminary title report, that are not to be removed at the close of Escrow, and have not been objected to by Buyer. Should Seller be unwilling or unable to eliminate those title matters disapproved by Buyer as above, the Seller may terminate this Agreement or; should Seller fail to deliver good and marketable title as provided above, Seller or Buyer may terminate this Agreement. In either case, the Buyer's deposit shall be returned to Buyer, and Buyer shall have no recourse against Seller, Thomas H. Casey, as Bankruptcy Trustee, individually, orthe Law Office of Thomas H. Casey Inc., the bankruptcy estate of: Michael Anthony Fischer, Sr, Case No 8:10:bk:23883-ES, or the Debtor, or any real estate agent, broker or attorney involved in this transaction. 5. Limitations of Sale: The parties acknowledge that the operation of the law has placed the Bankruptcy Trustee in a unique role as the Sellerof the Subject Property, which is the subject of this agreement. Due to the nature of the Trustee's role in administering the bankruptcy estate, there are limitations as to the extent, type and character of the agreement under which the Trustee can convey the Subject Property. The Trustee proposes to sell this asset subject to certain limitations. The parties hereby acknowledge that they understand the terms under which this Subject Property is to be conveyed may vary substantially from the normal customs and trade within the real estate industry. Except where expressly mandated by operation of law, the Buyer consents to any such modifications and amendments. 6. Purchase without Warranties: Buyers acknowledge that they are purchasing the Subject Property from the Seller "AS IS" without warranties of any kind, expressed or implied, being given by the Seller, concerning the condition of the property or the quality of the title thereto, or any other matters relating to the Property. Buyer represents and warrants that they are purchasing the Subject Property as a result of their own Investigations and are not buying the Subject Property pursuant to any representation made by any Broker, Agent, Accountant, Attomey or Employee acting at the direction oron the behalf of the Seller. 4 of '? 0291 7. Trustee's Liability: Buyer acknowledges that the Trustee is acting in his official capacity only. No personal liability shall be sought or enforced against the Trustee with regard to this Agreement, including the Addendum, the assets, the sale of the Subject Property, or the physical condition of the Subject Property. in the event that the Trustee fails or refuses to complete the transaction for any reason, then the limit of the Trustee's liability is only to return any money paid to the Trustee by the Buyer, without deduction. Priorto and afterthe closing of escrow, the United States Bankruptcy Court shall have and retain the sole and exclusive jurisdiction overthe Assets of this transaction and Agreement; and all disputes arising before and after closing shall be resolved in said Court. 8. Any and all disputes, which involve in any manner the Bankruptcy Estate or Thomas H. Casey, arising from this Purchase Contract, this Addendum or relating In any manner to the Subject Property, shall be resolved only in the United States Bankruptcy Court, Central District of California, Santa Ana Division. g. Seller will not provide a pest control report nor pay for any corrective work; nor shall . Buyer receive any credit for corrective work. 10. Buyer is aware that this offer is contingent upon Chapter 7 Bankruptcy Trustee approval, Bankruptcy Court confirmation & overbid procedures. 11. Buyer has NO CONTINGENCIES in this transaction; including but not limited to the contingency of obtaining financing & appraisal, inspections, etc. Except as indicated in 11. A. 1 & 2 below Deposit is refundable only if Bankruptcy Court accepts overbid or if court does not approve this sale or as per items 4 and 12 of this addendum. 7 0P q p?92 11. A. 1. This transaction and Agreement is subject to the final approval of the La Quinta Redevelopment Agency Board of Dlrectors at their next available meeting. Should this transaction not be approved at such meeting, then upon such notice by Buyer this Agreement and the Escrow shall be automatically canceled, Buyer shall receive a refund of their deposit less any charges incurred on their behalf by the Title or Escrow Company, and neither party shall have any further liability to the other in connection with this Agreement and the Escrow. 11. A. 2. This transaction is subject to the availability of the City of La Quinta's Redevelopment Agency Funds to complete the purchase. Should the State of California (or any other agency) restrict or limit these funds, or otherwise cause these funds to no longer be available to the City of La QuInta at any time prior to the close of escrow, then upon such notice from Buyer, this Agreement and the Escrow shall be automatically canceled, Buyer shall receive a refund of their deposit less any charges Incurred on their behalf by the Title or Escrow Company, and neither party shall have any further liability to the other In connection with this Agreement and the Escrow. 12, The Seller shall deliver to the Buyer Tenant Estoppel Certificates completed by Seller or seiier's agent, and signed by tenants, acknowledging: (1) that tenants' rental agreements are unmodified and in full force and effect (or of modified, stating all such modifications); (11) that no lessor defaults exist; (111) Stating the amount of prepaid rent or security deposit. 13. if Buyer fails to complete this purchase because of Buyers default Seller shall retain, as Liquidated Damages, the deposit actually paid. Release of funds will require mutual, signed release Instructions from both Buyer and Seller, judicial decision, or arbitration award. 14. Any and all personal items belonging to the tenants are NOT Included as part of the sale. am 0293 15, Sale is contingent upon Bankruptcy Trustee securing approval of this sate by all secured creditors. 16. In addition to the $10,000 deposit, Buyer will deposit the additional sum of �f99 Into escrow on or before the close of escrow. 1, the Buyer herein, have reviewed the foregoing Agreement and understand th terms and conditions set forth herein, and further agree to purchase the Subject Property pursuant to said terms and conditions. Dated: 3/11/2011 (/. ��� o `See Attached Signature Page, Buyer Thomas P. Genovese, City Manager 1, Seller, agree to sell the Subject Property plant the terms and conditions set forth herein, Dated:4 Thomas H. Casey, in his sole ca as Bankruptcy Trustee for the Estate of: Michael Anthony Fischer. Sr. Case No 8:10:bk:23883-ES, and not in his Individual capacity or as a member of the SO AGREED. Law Office of Thomas H. Casey, Inc. r Dated: Clarence oshikane, Trustee's Agent PrudentiaFCalffornia Realty, 2405 McCabe Way, Suite 100 Irvine, CA 92614 714.606.5765, Direct Line Clarence.Yoshikane mall.com Dated: I l < < Bruce Cathc rt, Buye ks Agent La Quinta Palms Realty, 61001 Eisenhower Dr., La Quints, CA 92253 (760) 564-4104laquinatpaims@dc.rr.com goF9 02194 Property Address: TB I tO AVC0A 4 La. &Vt.�tt& .a . 4L-Ls3 IN WITNESS WHEREOF, Buyer and Seller each hereby represents that it has read this Agreement, understands it, and hereby executes this Agreement to be effective as of the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP City Attorney SE R: C ff 7 S c c= BUYER: CITY OF LA QUINTA, a California municipal corporation and charter city BaLO�T ��.. Thomas P. Genovese, City Manager [end of signatures] 0295 Tdf ^& 1w4 COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Approval of a Contract with the Rosenow Spevacek Group for Development and Implementation Services for the Washington Street Apartments Rehabilitation Project RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: ( ` STUDY SESSION: PUBLIC HEARING: Approve a Contract with the Rosenow Spevacek Group (RSG) to develop and implement the Washington Street Apartment project with minor modifications to be approved by the City Manager. FISCAL IMPLICATIONS: The proposed contract amount is $1,471,200. This proposal consists of two parts: RSG's cost to implement the Work Program ($773,200), and costs relating to sub -consultant work ($698,000) to prepare engineering, design work and needed studies. These funds have been budgeted in the 2009-2010 Capital Improvement Program, Washington Street Apartment Rehabilitation. BACKGROUND AND OVERVIEW: Please see related Redevelopment Agency staff report for background information and Contract. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Approve a contract with the Rosenow Spevacek Group to develop and implement the Washington Street Apartment project with minor modifications to be approved by the City Manager; or 2. Do not approve a contract with RSG; or �'96 3. Provide staff with alternative direction. Respectful bmitted, Douglas R. vans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager 0?97 COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Adoption of a Resolution Making Certain Findings Pursuant to Health and Safety Code 33445 Regarding Funding of Well Sites Pursuant to an Amendment to Domestic Water and Sanitation System Installation and Irrigation Service Agreement for SilverRock RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I STUDY SESSION: PUBLIC HEARING: Adopt a resolution making certain findings pursuant to Health and Safety Code Section 33445 and consenting to the Agency funding of well sites pursuant to an Amendment to Domestic Water and Sanitation System Installation and Irrigation Service Agreement for SilverRock. FISCAL IMPLICATIONS: The following is the project's anticipated funding and funding sources: Redevelopment Project Area 1 Total Funding Available: $2,000,000 $2,000,000 Funds for this project will come from previously appropriated funds in La Quinta Redevelopment Project No. 1 allocated to the SilverRock Infrastructure Project which will be reduced by $2,000,000 to a new Fiscal Year 2010-201 1 budgeted amount of $1,216,631. The amount above represents the upper limit of the estimated cost which will depend on the appraised value of the land purchase for the well site. 0,198 BACKGROUND AND OVERVIEW: Please see the Redevelopment Agency staff report related to this item. Because Agency funds are being used to fund this item, the City Council must adopt a resolution making certain findings pursuant to Health and Safety Code Section 33445 and consenting to the use of Agency funds for this purpose. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a resolution making certain findings pursuant to Health and Safety Code Section 33445 and consenting to the Agency funding of well sites pursuant to an Amendment to Domestic Water and Sanitation System Installation and Irrigation Service Agreement for SilverRock; or 2. Do not adopt a resolution making certain findings pursuant to Health and Safety Code Section 33445 and consenting to the Agency funding of well sites pursuant to an Amendment to Domestic Water and Sanitation System Installation and Irrigation Service Agreement for SilverRock; or 3. Provide staff with alternative direction. Respectfully submitted, Timothy R. Jo as on, P.E. Public Works ' ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager 0299 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY OF LA QUINTA, APPROVING A FIRST AMENDMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE COACHELLA VALLEY WATER DISTRICT, CONSENTING TO THE EXPENDITURE OF FUNDS BY THE AGENCY FOR CERTAIN IMPROVEMENTS SET FORTH IN SAID AMENDMENT, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a redevelop- ment agency organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta ("City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ('Redevelopment Plan") for La Quinta Project Area No. 1 ("Project Area") on November 29, 1983, by Ordinance No. 43; and WHEREAS, the Agency and the Coachella Valley Water District ("CVWD") previously entered into that certain Domestic Water and Sanitation System Installation and Irrigation Service Agreement on or about June 11, 2005, with respect to the provision of water and sanitation services to the SilverRock Resort area (the "Agreement'); and WHEREAS, the SiverRock Resort area is located within the Project Area; and WHEREAS, the Agreement provides, among other things, for the Agency to provide CVWD with title to six (6) domestic water well sites (each, a "Well Site"), and for the installation of drainage and certain other improvements and facilities at each of such sites (collectively, the "Well Site Requirements"); and WHEREAS, pursuant to the Agreement, the Agency has provided or caused to be provided to CVWD one (1) Well Site, located at Wolff Waters Place, near Avenue 48 and Dune Palms Road, in the City of La Quinta, State of California, and has or shall provide the Well Site Requirements with respect to such Well Site; and WHEREAS, the Agency and CVWD have negotiated an amendment to the Agreement (the "Amendment"), that would provide for the Agency to pay to District in lieu payments that would satisfy the Agency's obligation to provide five 03C 0 Resolution No. 2011- Well Site Amendment Adopted: March 15, 2011 Page 2 (5) Well Sites and the Well Site Requirements with respect to each of such Well Sites (each, an "In Lieu Payment"); and WHEREAS, the In Lieu Payment amount would be determined pursuant to an appraisal of a half acre parcel of real property in the City that would meet CVWD's criteria for well sites; and WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the CRL authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, the Amendment is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the Agency's financial contribution pursuant to the Amendment is necessary to effectuate the purposes of the Redevelopment Plan; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the City Council of the City of La Quinta finds and determines that: A. The publicly owned improvements funded pursuant to the Amendment ("Improvements") are of benefit to the Project Area, by helping to eliminate blight within the Project Area, in that the Improvements consist of public infrastructure improvements, and the Redevelopment Plan provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re -construction of streets, utilities, and other public facilities. and improvements. 03)1 Resolution No. 2011- Well Site Amendment Adopted: March 15, 2011 Page 3 B. No other reasonable means of financing the Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Improvements is to use Agency funding; (iii) without Agency funding for the Improvements, the Improvements would not be completed, all to the detriment of the Project Area. C. The Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 ("Implemen- tation Plan"), in that improving public infrastructure and facilities within the Project Area are goals set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan and is in the best interests of the City of La Quinta. SECTION 4. The Amendment, a copy of which is on file with the Agency Secretary, is hereby approved. The City Council consents to the Agency's authorization and direction to its Executive Director and Agency Counsel to make final modifications to the Amendment that are consistent with the substantive terms of the Amendment approved hereby, and to thereafter sign the Amendment on behalf of the Agency. SECTION 5. The City Council consents to the Agency's authorization and direction to its Executive Director to (i) sign such other and further documents that require the Agency's signature, and (ii) take such other and further actions as may be necessary and proper to carry out the terms of the Amendment. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta 0 3 J 2 Resolution No. 2011- Well Site Amendment Adopted: March 15, 2011 Page 4 ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta 03 A T'af ot 4 a" COUNCILIR.DA MEETING DATE: March 15, 201 1 ITEM TITLE: Adoption of a Resolution Approving a Cost Sharing Agreement Among the La Quinta Redevelopment Agency, The City of La Quinta, and the Coachella Valley Water District for the Reconstruction of the Coachella Canal, a Regional Water Conveyance System, Within the SilverRock Property and Making Certain Findings Pursuant to Health and Safety Code Section 33445 With Respect to the Agency's Expenditure RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _Q CONSENT CALENDAR: 1 STUDY SESSION: PUBLIC HEARING: Approve a cost sharing agreement with the Coachella Valley Water District (CVWD) for the reconstruction of the Coachella Canal within the SilverRock Resort Property, and authorize; the City Manager to execute the agreement subject to minor revisions by the City Attorney, and appropriate funds for this project. FISCAL IMPLICATIONS: The following is the project's current and requested funding for Fiscal Year 2010- 2011: Coachella Canal Project Area No. 1 - no 5,957,836 Additional Required Funding Project Area No. 1 - non -housing 51042,164 Coachella Canal $ 11,000,000 SilverRock Entry Feature and Roads Tject Area No. 1 -non-housing 5,435,181 Reduced Funding ject Area No. 1 -non-housing (5,042,164) 393,017 SilverRock Ent Feature and Roads $ In order to fund the Coachella Canal project agreement, staff has reduced the SilverRock Entry Feature and Roads Project. 03r�)4 BACKGROUND AND OVERVIEW: CVWD completed a preliminary study of the canal on April, 2009, which determined the canal has dropped by approximately two to three feet from approximately 1,600 feet north of Avenue 54 to the mid -valley area in Indio. The canal study determined the subsidence starts at SilverRock Resort near the number 10 green of the golf course with a high spot near the rock outcropping behind the number 16 tee box that restricts southerly canal flow. To the south of the outcropping it is believed the canal is built over rock, so it has not subsided. This high spot restricts flow by nearly 250 CFS (approximately half of capacity) slowing water deliveries to farmers and to CVWD's Dike 4 recharge facility. The Coachella Canal is part of a complex regional water conveyance and delivery system that conveys Colorado River water to the Coachella Valley. Their water Delivery System provides non -potable water for urban and agricultural purposes. In addition it delivers water to the Dike 4 Recharge facility for the purposes of ground water recharge to mitigate subsidence as well as to store water for future urban uses. The CVWD report looked at three different alignments for the canal reconstruction. Alignment A would construct a new canal parallel to the existing canal. Alignment B would construct an underground pipe diagonally across the second golf course and Alignment C would construct an underground pipe in the Jefferson Street and Avenue 54 parkways. Staff and CVWD have been discussing canal options including an open canal, use of box culverts, or placing the canal in a pressurized underground pipe. Discussion with CVWD and staff have focused on various alternatives to upgrade their water delivery system and possibly improve upon its design. In evaluating the alternative and in the environmental process project benefits will be fully evaluated. Some of the issues that will be addressed for each alternative will include canal/pipeline capacity, protection from future subsidence, water evaporation, operational costs, age of associated facilities, and safety. In addition the proposed improvements will evaluate removing the east/west section of the canal and the L4 pump station adjacent to the number 10 tee. Attachment 1 is a cost sharing agreement which covers the preliminary engineering, environmental review and construction plans and specifications preparation for each of the three alignments as well as the pump station relocation. The agreement will expire and the balance of the RDA's funds will be returned in 180 days if the Agency and CVWD cannot agree to a preferred alternative and construction budget. 03 n;5 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a resolution approving a cost sharing agreement among the La Quinta Redevelopment Agency, the La Quinta Redevelopment Agency, the City of La Quinta, and the Coachella Valley Water District for the reconstruction of the Coachella Canal, a regional water conveyance system, within the SilverRock Property and making certain findings pursuant to Health and Safety Code Section 33445 with respect to the Agency's Expenditure, and authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney, and appropriate funds for this project; or 2. Do not adopt a resolution approving a cost sharing agreement among the La Quinta Redevelopment Agency, the La Quinta Redevelopment Agency, the City of La Quinta, and the Coachella Valley Water District for the reconstruction of the Coachella Canal, a regional water conveyance system, within the SilverRock Property and making certain findings pursuant to Health and Safety Code Section 33445 with respect to the Agency's Expenditure, and do not authorize the City Manager to execute the agreement subject to minor revisions by the City Attorney, and and do not authorize the City Manager to execute the agreement, and do not appropriate funds for this project; or 3. Provide staff with alternative direction. Respectfully submitted, 2 Timothy R. Jon s n, P. . Public Works Dir for/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Cost Sharing Agreement. 03''6 RESOLUTION NO. 2011- A RESOLUTION OF THE LA QUINTA CITY COUNCIL, APPROVING AN AGREEMENT AMONG THE LA QUINTA REDEVELOPMENT AGENCY, THE CITY OF LA QUINTA, AND THE COACHELLA VALLEY WATER DISTRICT, AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE AGENCY'S EXPENDITURE WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a redevelop- ment agency organized and existing under the California Community Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of La Quinta ("City Council" or "City," as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted the Redevelopment Plan ('Redevelopment Plan") for La Quinta Project Area No. 1 ('Project Area") on November 29, 1983, by Ordinance No. 43; and WHEREAS, the Coachella Valley Water District ("CVWD") owns, operates, and maintains the Coachella Branch of the All -American Canal ("Coachella Canal'), which is generally that portion of the All -American Canal from Drop 1 to Lake Cahuilla; and WHEREAS, as a result of ground subsidence that has occurred throughout the Coachella Valley, the Coachella Canal has subsided generally uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check drop structure at MP 121.8 (e.g., the portion located East of Jefferson Street and extending to a point south of Avenue 54 adjacent to PGA West) ("Non -Subsided Portion of the Coachella Canal"); and WHEREAS, all portions of the Coachella Canal located in the City are located in the Project Area; and WHEREAS, the Non -Subsided Portion of the Coachella Canal results in a hydraulic, condition whereby the original flow capacity has been substantially reduced; and WHEREAS, an engineering report prepared by GEI Consultants, Inc., a Massachusetts corporation, has concluded that increasing the flow capacity within the Non -Subsided Portion of the Coachella Canal will require a physical solution, including the possibility of replacing and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal; and WHEREAS, the Agency, City, and CVWD have negotiated an agreement ("Agreement") that would provide for (i) CVWD to design the physical solution selected Resolution No. 2011- CVWD Canal Agreement Adopted: March 15, 2011 Page 2 by the parties ("Preferred Flow Capacity Option"), (ii) the parties to attempt to negotiate a subsequent agreement ("Construction Agreement") providing for the implementation of the Preferred Flow Capacity Option, including the demolition and removal of any facilities no longer needed for the Coachella Canal, and the repair of any damage caused by such demolition and implementation to the underlying real property through which the Coachella Canal runs (collectively, the "Project"), and (iii) the Agency to deposit Eleven Million Dollars ($11,000,000) of Agency funds with CVWD, which amount is the Agency's estimated proportionate cost of the Project, with all portions of such funds not yet expended, plus interest, being returned to the Agency if the parties fail to timely negotiate and execute the Construction Agreement; and WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the CRL authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, the Agreement is in accordance with the Redevelopment Plan and is of benefit to the Project Area and the City of La Quinta; and WHEREAS, the Agency's financial contribution pursuant to the Agreement is necessary to effectuate the purposes of the Redevelopment Plan; NOW THEREFORE, BE IT RESOLVED by the La Quinta City Council, as follows: SECTION 1. The above recitations are true and correct SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the La Quinta City Council finds and determines that: A. The publicly owned improvements funded pursuant to the Agreement ("Improvements") are of benefit to the Project Area, by helping to eliminate blight within the Project Area, in that the Improvements consist of public infrastructure improvements, and the Redevelopment Plan provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re -construction of streets, utilities, and other public facilities and improvements. 0 3 ? 8 Resolution No. 2011- CVWD Canal Agreement Adopted: March 15, 2011 Page 3 B. No other reasonable means of financing the Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Improvements is to use Agency funding; (iii) without Agency funding for the Improvements, the Improvements would not be completed, all to the detriment of the Project Area. C. The Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 ("Implementation Plan"), in that improving public infrastructure and facilities within the Project Area are goals set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Improvements is necessary to effectuate the purposes of the Redevelopment Plan and is in the best interests of the City of La Quinta. SECTION 4. The Agreement, a copy of which is on file with the City Clerk, is hereby approved. The City Manager and City Attorney are hereby authorized and directed to make final modifications to the Agreement that are consistent with the substantive terms of the Agreement approved hereby, and to thereafter sign the Agreement on behalf of the City Council. SECTION 5. The City Manager is hereby authorized and directed to (i) sign such other and further documents that require the City Council's signature, and (ii) take such other and further actions as may be necessary and proper to carry out the terms of the Agreement. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta 0311;9 Resolution No. 2011- CVWD Canal Agreement Adopted: March 15, 2011 Page 4 ATTEST: VERONICA J. MONTECINO, CMC, CITY CLERK City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, CITY ATTORNEY City of La Quinta, California 0810 U 1 -1 mew ^F 4d2umrw MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Manage r4� FROM: �kmothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: March 14, 2011 SUBJECT: City Council Agenda Item C19 and La Quinta Redevelopment Agency, Agenda Item C9 Cost Sharing Agreement Among the City of La Quinta, La Quinta Redevelopment Agency and the Coachella Valley Water District for the reconstruction of the Coachella Canal Within the SilverRock Property Attached is the revised agreement for City Council Consent Calendar Item No. C19 and La Quinta Redevelopment Agency Board Consent Calendar Item No. C9 for consideration at their respective March 15, 2011 meetings. Staff will be available at both meetings to answer any questions. Thank you. 0311 AGREEMENT THIS AGREEMENT ("Agreement") is made on this day of 2011 ("Effective Date"), by and among COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California ("District"), CITY of LA QUINTA, a California municipal corporation and charter city ("City"), and LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency"). District, City, and Agency are sometimes referred to herein individually as "Parry" and collectively as "Parties." RECITALS A. On or about December 21, 1920 the Congress of the United States of America ("United States") approved the "Boulder Canyon Project Act" (45 Stat. 1057). Pursuant to the Boulder Canyon Project Act, the United States constructed the All -American Canal and its Coachella Branch ("Coachella Canal"). The Coachella Canal is generally that portion of the All - American. Canal from Drop I to Lake Cahuilla. The purpose of the Coachella Canal is to convey water for urban, agricultural, and ground water recharge purposes. B. The United States, by and through the Bureau of Reclamation ("USBR"), holds title to the Coachella Canal and District operates and maintains the Coachella Canal pursuant to Contract No. Ilr-781 with the United States dated October 13, 1934, as amended and supplemented (collectively, "O&M Agreement"). C. Ground subsidence has occurred throughout the Coachella Valley at least since the original construction of the Coachella Canal. The Coachella Canal has subsided generally uniformly with the land except a portion thereof between Mile Post ("MP") 120.3 and the check drop structure at MP 121.8, which portion is more particularly depicted on Exhibit "A" attached hereto and by this reference incorporated herein ("Non -Subsided Portion of the Coachella Canal"). This Non -Subsided Portion of the Coachella Canal is generally located west of Jefferson Street and extends to a point south of Avenue 54 adjacent to PGA West in the City of La Quint3. D. The Non -Subsided Portion of the Coachella Canal results in a hydraulic condition whereby the original flow capacity has been substantially reduced. In order to increase the flow capacity within the Non -Subsided Portion of the Coachella Canal, the Parties have determined that a physical solution must occur, including, but not limited to, the possibility of replacing and/or relocating all or a portion of the Non -Subsided Portion of the Coachella Canal. E. District retained the services of GEI Consultants, Inc. ("GEI"), to evaluate the subsidence of the Coachella Canal generally, and the non -subsidence within the Non -Subsided Portion of the Coachella Canal and to perform preliminary engineering for four (4) Water Conveyance System alignment options and six (6) design/construction options for each alignment. On or about April, 2009 GEI submitted to District its report entitled, "Evaluation of Subsidence and Canal Replacement Options" ("Report"). A copy of the Report is on file in each of the Agency's and the District's offices. 882/015610-0117 -1- 0 312 1158947.06 a03/15/11 F. The implementation of each of the Water Conveyance System options identified in the Report will require the installation of new concrete -lined canal and/or new pipelines, and the demolition and removal of certain existing concrete -lined canal, pipelines and facilities. Further, the implementation of each of the Water Conveyance System options may cause damage to an existing municipal golf course through which the Coachella Canal runs (the "Golf Course"). G. The Parties estimate that the total cost of designing and implementing any one of the Water Conveyance System options identified in the Report, including, without limitation, repairing any damage caused to the Golf Course thereby, and conducting certain activities to clear title to the real property underlying the Coachella Canal (collectively, the "Project"), will be approximately Fourteen Million Five Hundred Thousand Dollars ($14,500,000). H. A description of the Project is set forth in Exhibit "Bf which is attached hereto and incorporated herein by this reference. The Project description describes and depicts the three (3) Water Conveyance System options identified in the Report that the Parties believe are the most viable (each, a "Project Alternative"). I. A preliminary budget for the Project is set forth in Exhibit "C", which is attached hereto and incorporated herein by this reference (the "Budget"). J. The Parties now wish to provide for (i) Agency's deposit of funds with the District to cover Agency's proportionate share of the costs to develop the Project, and the terms for District's expenditure thereof; (ii) the District's retention of an engineering firm to prepare the design, specifications, and construction plans for the Project Alternatives; (iii) the District's satisfaction of environmental compliance requirements for the Project Alternatives; (iv) selection of the preferred Water Conveyance System option, and (v) the procedures and methodology to construct the Project. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS CONTAINED HEREIN, AND FOR OTHER VALUABLE CONSIDERA- TION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: 1. Recitals Incorporated by Reference. All of the above Recitals are hereby incorporated herein by this reference to the same extent as though hereinagain set forth in full. 2. Aaepey Deposit of Funds• Restrictions on Use of Agency Funds. a. Within seven (7) business days after the Effective Date, Agency shall deposit with District funds in the amount of Eleven Million Dollars ($11,000,000) (the "Agency Funds") to cover the estimated proportionate costs of the Agency with respect to the Project. The Agency Funds shall be retained in a separate, interest -bearing account owned by the District (the "Agency Funds Account"), and may only be withdrawn from the Agency Funds Account and expended by District in accordance with the terms of this Agreement. 882/015610-01.17 _2_ ' 11 i8947.06 a03/15/11 0313 b. District hereby acknowledges and understands that the Agency Funds are proceeds of tax-exempt bonds (the "Bonds"), and that the mere receipt by District of the Agency Funds does not result in the Agency Funds being treated as expended for federal income tax purposes. District hereby agrees to assist, and to take commercially reasonable steps to cooperate with, Agency such that Agency can comply with the restrictions of the Tax Certificate issued with respect to the Bonds (the "Tax Certificate). In furtherance of the above, District agrees that District shall not knowingly take any action such that the Bonds would constitute private activity bonds for purposes of Section 141 nor arbitrage bonds for purposes of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"). District agrees to retain records of the investment and expenditure of the Agency Funds and transmitting copies of such records to Agency, and investing the Agency Funds at a yield not in excess of the yield on the Bonds (5.21481/o) until expended. C. Agency, with reasonable advance notice to District, shall have the right to inspect and copy, at its costs, the books and records of District pertaining to District's receipt and use of the Agency Funds. 3. Design, SMcifications and Construction Plans. Within sixty (60) days after the Effective Date, District shall prepare or shall cause to be prepared the design and detailed construction plans and specifications ("Construction Plans") for the Project Alternatives. All plans and designs with respect to the Golf Course repair work portion of the Project (the "Golf Course Repair Work") shall be reviewed and approved by the Arnold Palmer Design Company, and shall meet PGA standards. With respect to the foregoing, the Arnold Palmer Design Company shall have thirty (30) days from receipt of the Construction Plans to review and approve said plans and designs. The Construction Plans shall be submitted to the City, Agency, and USBR for review and approval. City and Agency shall have thirty (30) days from receipt of the Construction Plans to approve or disapprove of the Construction Plans. If the City or Agency (as applicable) disapproves the Construction Plans, the City or Agency (as applicable) shall state specifically, in writing, within the thirty (30) day period, the reasons for such disapproval and the changes the City or Agency (as applicable) desires to the Construction Plans. District shall review the proposed changes and shall make or cause to be made such changes to the Construction Plans as reasonably requested by the City or Agency (as applicable). 4. CEOA & NEPA Compliance. District shall act as lead agency with respect to compliance with the California Environmental Quality Act ("CEQA"), the National Environmental Protection Act ("NEPA") and all other applicable state and federal environmental laws and all requirements of the Federal Endangered Species Act and the California Endangered Species Act arising out of or in connection with the Project for compliance with all conditions and mitigation measures which must be satisfied in connection with the same (collectively, "Environmental Compliance"). Environmental Compliance shall include compliance with federal and state laws, rules and regulations regarding Native American remains and cultural resources. District shall prepare, or cause to be prepared, all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA and NEPA. Agency and City hereby agree to cooperate with the District, at Agency's and City's sole cost and expense, in a timely manner with respect to District's Environmental Compliance and the preparation of any documents or instruments required thereby. To the extent feasible, District shall complete its Environmental Compliance concurrently with the preparation of the Construction Plans. 882/015610-0117 1158947.06 a03/15/11 0314 5. Construction Methodology and Agreement. Upon completion and approval of the Construction Plans for the Project Alternatives, the District, Agency and City shall select either of the following construction methodologies for the Project: a. Design -Bid -Build b. Construction Manager At -Risk Once the construction methodology is selected, the Parties will attempt to negotiate a final agreement ("Construction Agreement") outlining the procedures to construct the Project and the construction cost sharing. District will then obtain construction bids for all three of the Project Alternatives. The Construction Agreement shall specify which Project Altemative(s) will be used for bid evaluation purposes. In the event the Parties do not execute a Construction Agreement within one hundred twenty (120) days after the Effective Date of this Agreement, then District shall promptly return to Agency all funds remaining in the Agency Funds Account (e.g., all unexpended portions of the Agency Funds and all interest earned on all portions of the Agency Funds). 6. Preferred Water Conveyance System Option Selection. Within thirty (30) days after receipt of the construction bids identified above, the Agency and City will select the preferred Project Alternative ("Preferred Water Conveyance System Option"). After the selection of the Preferred Water Conveyance System Option, the District will request authorization from its board of directors to award the construction contract. 7. Clearing of Title. The Parties acknowledge and agree that recent title reports covering the real property underlying the Coachella Canal (the "Underlying Property") indicate that persons and entities other than the Parties have had, at some time in the past, ownership or easement interests in portions of the Underlying Property, and such interests are still reflected in said reports. Within thirty (30) days after the Effective Date, District, City and Agency shall commence efforts to clear all interests to title to the Underlying Property other than the interests of the City, District, and USBR. 8. Rions of Way. Prior to the commencement of construction, City and/or Agency shall (i) obtain recorded grant deeds and/or recorded easement documents for any properties needed for the Project owned by persons or entities other than the City, Agency, District, or USBR; and (ii) provide recorded easement documents for other properties needed for the Project (collectively, "ROW"), if applicable, reasonably satisfactory to District and USBR as to content, form, location and width, which assure the District's right to own, construct, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the Project. 9. Transfer of Title to USBR. a. Upon completion of the Project, District will facilitate the transfer of title thereof, including the ROW, to the USBR in the form and content reasonably acceptable to the USBR. City and Agency shall cooperate with District's efforts to transfer title of the Project and ROW to the USBR. City's and Agency's cooperation shall include, without limitation, execution 892/015610-0117 -4- 1158947.06 a03/15/11 0315 of bills of sale, deeds, documents, instruments and authorizations which may be required by the USBR. b. If applicable, upon completion of the Project, District will facilitate the quitclaim to City or Agency (collectively, "Quitclaimees") of the abandoned portion of the Coachella Canal ("Quitclaimed Property"). The quitclaim deed shall be in such form and content as shall be determined by the USBR, and shall he reasonably acceptable to City and Agency. 10. Budget. The Parties acknowledge and agree that the Budget is a good faith estimate of the costs to design and implement the Project. From time to time, District shall amend the Budget as the actual costs of the Project become known or are changed. Notwithstanding the foregoing, the Budget may not be materially changed without the prior written approval of the City and Agency. For purposes of this Agreement, a material change is one or more changes that cause the total Project cost to increase by a cumulative amount of two percent (2%) or more from what is shown in Exhibit "C". In the event that a construction contract is awarded by District, the Budget shall be updated to include the construction contract amounts. 1 l.. Cost Allocation. a. Notwithstanding anything herein to the contrary, the Parties agree that (i) City's proportionate share of the costs and expenses to design and implement the Project shall be Zero Dollars ($0.00); and (ii) Agency's proportionate share of the costs and expenses to design and implement the Project shall be up to, but shall not exceed, Eleven Million Dollars ($11,000,000), and shall be paid out of the Agency Funds. Subject to these limits, the Parties' final proportionate share of the costs and expenses to design and implement the Project shall be determined by the Construction Agreement. b. The costs and expenses to undertake the preconstruction work and activities set forth in this Agreement (collectively, the "Pre -Construction Work") shall be borne by District and by Agency. As used in this subsection, the term "costs and expenses" shall include all costs and expenses to perform the Pre -Construction Work, including, but not limited to: Recital E; Property; Alternatives; and Project Alternatives. 882/015610-0117 1158947 06 a(13/15/11 Costs incurred by District for preliminary engineering as described in ii. The costs incurred by the Parties to clear title to the Underlying iii. The costs incurred to secure the ROW; iv. The costs to conduct Environmental Compliance for the Project V. The costs for the preparation of the Construction Plans for the 52 0316 C. Notwithstanding anything herein to the contrary, each Parry shall be responsible for its own staff and overhead costs and expenses, and such costs and expenses shall not be deemed costs and expenses to perform the Pre -construction Work. d. Agency Funds may only be withdrawn from the Agency Funds Account pursuant to the following process: From time to time, but not more than once per month, District shall provide a written invoice to Agency setting forth portions of Agency's proportionate share of the costs and expenses to design and implement the Project. Said invoice shall include an itemized accounting showing all reasonable costs and expenses incurred by District which are set forth in the invoice. In the event Agency and City expressly approve of an invoice, or neither Agency nor City disputes the invoice within fifteen (15) days, District may withdraw the funds allocated to the Agency on the subject invoice from the Agency Funds Account. In the event Agency and/or City objects to an invoice, the Parties shall meet and confer for a period of up to fifteen (15) days to resolve the disputed amount; provided, however, that District may withdraw the undisputed portion of the funds allocated to the Agency on the subject invoice from the Agency Funds Account. In the event the disputed amount is determined to be an improper charge, District shall prepare a new invoice to eliminate the disputed amount. In the event the disputed amount is determined to be a proper charge, District may withdraw the funds allocated to the Agency on the subject invoice from the Agency Funds Account, plus interest, as if it was a delinquent payment. In the event the Parties are not able to resolve their differences within such fifteen (15) day period, either Party may seek any and all remedies allowed by law. e. Each Parry agrees to maintain records of all costs and expenses incurred by such Party and to make such records available for review and audit of the other Parties or their designee, upon thirty (30) business days' written request by any Party in accordance with the notice provisions of this Agreement. All such records shall be maintained by the Parties for no less than three (3) years following completion of the Project. 12. Notices. All notices, invoices and payments (collectively, "Notices") provided for hereunder shall be in writing and (i) mailed (registered or certified, postage prepaid, return receipt requested), (ii) delivered by reputable overnight or same day courier service that provides a receipt with the date and time of delivery, or (iii) hand delivered to the Parties at the addresses set forth below or at such other addresses as shall be designated by such Party and by a written Notice to the other Party in accordance with the provisions of this section. All such Notices shall, if hand delivered, or delivered by overnight or same day courier service, be deemed received upon delivery and, if mailed, be deemed received three (3) business days after such mailing. To City: Notices Delivered by U.S. Mail: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: City Manager 882/015610-0117 -6- 1 115894706 a03/15/11 031 Notices Delivered Personally or by Courier: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: City Manager copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. To Agency: Notices Delivered by U.S. Mail: La Quinta Redevelopment Agency P.O. Box 1504 La Quinta, CA 92247 Attn: Executive Director Notices Delivered Personally or by Courier: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, CA 92253 Attn: Executive Director copy to: Rutan & Tucker, LLP 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: M. Katherine Jenson, Esq. To District: Coachella Valley Water District 85-995 Avenue 52 Post Office Box 1058 Coachella, CA 92236 Attn: Steve Robbins, General Manager -Chief Engineer copy to: Redwine and Sherrill 1950 Market Street Riverside, CA 92501 Attn: Gerald D. Shoaf, Esq. 13. Entire Agreement. This instrument, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements between the Parties, oral or written, and any and all amendments thereto. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification in writing, signed by the Parties to be charged. 882/015610-0117 -7- 1158947 06 a03/15/11 I 0,1111 14. Attorney's Fees. In the event of any litigation or other action between the Parties arising out of or relating to this Agreement or the breach thereof, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorney's fees. 15. Substitute Provisions: Severability. If any provision of this Agreement shall be ruled invalid, illegal or unenforceable, the Parties shall: (i) promptly negotiate a substitute for the provision which shall, to the greatest extent legally permissible, effect the intent of the Parties in the invalid, illegal or unenforceable provision, and (ii) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with clause (i) above to give effect to the intent of the Parties without the invalid, illegal or unenforceable provision. To the extent the Parties are unable to negotiate such changes, substitutions or additions as set forth in the preceding sentence, and the intent of the Parties with respect to the essential terms of the Agreement may be carried out without the invalid, illegal or unenforceable provision, the balance of this Agreement shall not be affected, and this Agreement shall be construed and enforced as if the invalid, illegal or unenforceable provision did not exist. 16. Other Actions. Each Party hereto agrees to execute and deliver such other documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement. 17. Governing Law. This Agreement is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provisions or any of the rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the internal laws of the State of California and applicable federal law. In case of a conflict between federal law and California law, federal law shall control. 18. Interpretation. The provisions of the Agreement shall be construed as to their fair meaning, and not for or against any Party based upon any attribution to such Party as the source of language in question. 19. Time is of Essence. Time is of the essence of this Agreement and each and every term and provisions thereof. 20. Representations and Warranties. a. Agency represents and warrants to City and District that as of the Effective Date of this Agreement, and subject to the disclosures set forth below in this subsection: (i) Agency has all requisite right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (ii) any persons executing this Agreement on behalf of Agency are authorized to do so; (iii) the execution of this Agreement by Agency does not violate any provision of any other agreement to which Agency is a party; and (iv) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by Agency are necessary in connection with the execution of this Agreement by Agency or with the performance by Agency of its obligations hereunder. Agency hereby discloses to District that pursuant to draft legislation to implement a proposal made by the Governor of the State of California on January 10, 2011, agreements entered into by redevelopment agencies on and after January 1, 2011, may be subject to 882/015610-0117 1158947.06 a03/15/I1 0 31 9 challenge for three years from the effective date of the legislation, or approximately until June 30, 2014, should such legislation be adopted. b. District represents and warrants to City and Agency that: (i) District has all requisite night, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (ii) any persons executing this Agreement on behalf of District are authorized to do so; (iii) the execution of this Agreement by District does not violate any provision of any other agreement to which District is a party; and (iv) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by District are necessary in connection with the execution of this Agreement by District or with the performance by District of its obligations hereunder. C. City represents and warrants to District and Agency that: (i) City has all . requisite right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement; (ii) any persons executing this Agreement on behalf of City are authorized to do so; (iii) the execution of this Agreement by City does not violate any provision of any other agreement to which City is a party; and (iv) except as may be specifically set forth in this Agreement, no approvals or consents not heretofore obtained by City are necessary in connection with the execution of this Agreement by City or with the performance by City of its obligations hereunder. 21. Assig_nment. None of the District, City, or Agency shall, either voluntarily or by action of law, assign or transfer this Agreement or any obligation, right, title or interest assumed by such Party, except as otherwise provided herein, without the prior written consent of the other Parties. Any attempted assignment in violation if this provision is void ab initio. Subject to the foregoing, the provisions of this Agreement shall apply and bind the successors and assigns of the Parties. Notwithstanding the foregoing, in the event the Agency is deactivated or dissolved during the term of this Agreement, the City shall have the right, in its sole and absolute discretion, to declare itself to be the successor to the Agency of this Agreement; provided, however, that nothing herein shall require the City to make such declaration or to assume Agency's obligations under this Agreement. 22. No Third Party Beneficiaries. Except as specifically set forth herein, this Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto (except the USBR) and the Parties expressly disclaim such third parry benefit. 23. Waivers. No delay on the part of any Party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any Party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder, nor shall any single or partial exercise of any right, power or privilege hereunder, preclude any other or further exercise of any other right, power or privilege hereunder. 24. Ownership of Project and Canal. Subject to the provisions of Section 9 above, District shall own all works constructed pursuant to this Agreement. Title to the Coachella Canal and its appurtenant works remain with the USBR. Nothing herein shall be construed or interpreted to give City and/or Agency any right or ownership with respect to the Coachella Canal or the Project. Each of City and Agency covenant and agree not to assert any interest or control over the Coachella Canal or the Project or the operation thereof. 8821015610-0117 1158947 06 a03115A 1' 03L0 25. Authority to Execute. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named Parties. 26. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute but one instrument. 27. Default interest. Any payment not paid when due shall bear simple interest at the maximum legal rate allowed under California law from the Due Date until paid in full. 28. Jurisdiction. The Parties agree that any action or proceeding to enforce or relating to this Agreement shall be brought exclusively in the Federal or State courts located in Riverside County, California, and the Parties hereto consent to the exercise of personal jurisdiction over them by any such courts for purposes of any such action or proceeding. 29. Days. Unless otherwise specified, all references hereunder to "days" shall mean calendar days. [End - signatures on next page] 882/015610-0117 -10- 1158947,06 a03/15/11 03-1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year hereinabove written. "District" COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California Date: _ 2011 By: Its: Date: 12011 ATTEST: Veronica J. Montecino, CMC City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP 52 M. Katherine Jenson, City Attorney ATTEST: Veronica J. Montecino, CMC Agency Secretary APPROVED AS TO FORM: RUTAN & TUCKER, LLP an 2011 M. Katherine Jenson, Agency Counsel "City" CITY OF LA QUINTA, a California municipal corporation and charter city City Manager "Agency" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic Executive Director 882/015610-0117 -11- 1158947.06 a03/15111 032 EXHIBIT "A" DEPICTION OF NON -SUBSIDED PORTION OF COACHELLA CANAL 882/015610-0117 EXHIBIT "A" 1158947 06.03/15/11 ' 03'' I � � � � � j� \ �� � EXHIBIT "B" DESCRIPTION OF THE PROJECT Description of the Project The proposed project is intended to correct major flow deficiencies associated with the existing Coachella Canal starting at Mile Post 120.3 and extending south through the PGA West Residential development. The loss of capacity within the existing open canal is the result of differential settlement between the section of the canal on the desert floor and the section of the canal that comes into close proximity with the Santa Rosa Mountains south of Avenue 53 and west of Jefferson Street (the "Non -Subsided Portion"). Due to the grade differences between its subsided portion and Non -Subsided Portion the canal has lost over 50% of the original capacity that it was designed to convey. As a result of work by the District and Agency Staff and Consultants, three design alternates to correct the flow capacity issues have been identified and are described as follows: Option A generally follows Jefferson Street along the western parkway, starting at the intersection with the Coachella Canal and proceeding south to the intersection of Jefferson Street and Avenue 54. North of Avenue 54, the proposed 96" to 108" diameter circular pipe will curve to travel west along the north side of Avenue 54. East of the existing; canal, the proposed pipeline will bend generally southward and connect to the existing canal section at the drop structure at Mile Post 121.8. This option will require the relocation of the existing L4 pump station to a location closer to Jefferson Street, construction of an inlet structure for the conversion of an open canal to a closed conduit system, relocation and reconnection of four active irrigation laterals and reconstruction of the drop structure to facilitate the lowering of the outlet elevation. The existing canal section would be abandoned between the new inlet and new drop structure, the concrete liner removed to the extent necessary, the canal backfilled to match the adjacent ground contours and then either vegetated if in an undeveloped area or landscaped if in the existing golf course to match the surrounding area. Option B is similar to Option A, except that this proposed 96" to 108" diameter pipeline will start at the intersection of the existing canal and Jefferson Street and take a southwestern heading through the undeveloped lands south of the existing canal and west of Jefferson Street. North of Avenue 54, the pipeline alignment would turn more westerly and cross the undeveloped land to the north of the existing golf course maintenance facility. Immediately north of the alignment intersection with Avenue 54, the pipeline would turn directly westward then southward to connect to the existing canal section at the drop structure at Miles Post 121.8. As with Option A above, this option will require the relocation of the existing L-4 pump station to a location closer to Jefferson Street, construction of an inlet structure for the conversion of an open canal to a closed conduit system, relocation and reconnection of four active irrigation laterals and reconstruction of the drop structure to facilitate the lowering of the outlet elevation. The existing canal section would be abandoned between the new inlet and new drop structure, the concrete liner removed to the extent necessary, the canal backfilled to match the adjacent ground contours and then either vegetated if in an undeveloped area or landscaped if in the existing golf course to match the surrounding area. Option C would reconstruct an open canal parallel and west of the existing canal within the current canal easement right-of-way. The flow line of the proposed canal would be lowered to compensate for the subsidence to the east and north of the Non -Subsided Portion as described above. In addition, the capacity of the proposed canal would be designed to convey a flow 25% greater than the original design capacity to account for any future subsidence. This parallel canal would start approximately a quarter mile south of the L-4 Station and reconnect to the existing canal section at the drop structure at Miles Post 121.8. This new canal section would require reconnection of one irrigation lateral to the proposed canal section, reconstruction of the drop structure to facilitate the lowering of the outlet elevation, removal of the concrete liner from the old canal section to the extent necessary, backfilling the old canal to match the adjacent ground contours and then landscaping this area to match the existing golf course. 882/015610-011' EXHIBIT "B" 1158947,06 a03/15/11 EXHIBIT "C" PRELIMINARY BUDGET Preliminary Budget The following contains information on the preliminary budget for the Flow Capacity Upgrades project with the Coachella Canal from Jefferson Street to south of Avenue 54 within the City of La Quinta. This budget includes preliminary costs for oversight management, engineering, construction management including materials testing, construction staking and change order/pay application review, and construction activities. Construction Summary Flow Capacity Upgrade (108" Pipe) $8,700,000 (1) Lift Station Relocation $1,500,000 Removal and Backfill Existing Canal $300,000 Land Restoration (2) $330,000 Construction Subtotal $10,830,000 Mobilization (5%) $540,000 Dust Control $200,000 Contingency (15%) $1,500,000 Construction Total $13,070,000 Preliminary & Final Engineering (3) $310,000 Easement/Right of Way Acquisition (4) $120,000 Construction Management $1,000,000 Total Preliminary Project Cost $14,500,000 (1) Indicates upgraded pipe size based on Option A. Budget will be reduced if either 96" pipe or other option is chosen. Costs include piping, manholes, inlet structure, outlet and drop structure, and necessary replacement of irrigation lateral connections/piping. (2) Includes restoration of golf course. (3) Per the agreement, this cost includes preliminary and final design plans of all three project options. (4) Easement may be necessary south of Avenue 54 immediately to the east of the existing canal easement. 892/01561MV 7 EXHIBIT "C" 1158947 06 a03/15111 0376 ce;iit 44&Qumrw COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Consideration of a Resolution Designating Speed Limits for Certain Local Streets RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City Council approving designation of legal speed limits on certain local streets, as recommended in the "Engineering and Traffic Survey for the City of La Quinta" dated February 2011, prepared by Willdan Engineering, a transportation engineering firm. FISCAL IMPLICATIONS: The cost ($3,520) to prepare the Supplemental Speed Survey for the eight (8) street segments was paid for out of the Fiscal Year 2010-2011 Public Works Department Special Studies Budget. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The purpose of the speed limit study is to establish speed limits on the City's roadways in accordance with the California Vehicle Code. The California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions based on an engineering and traffic survey conducted in accordance with the methods established by the Department of Transportation. The City's Municipal Code also requires non -statutory speed limits to be designated on the basis of an engineering and traffic survey which must be updated every five years. On November 20, 2007, the City Council adopted Resolution 2007-108, "A Resolution of the City Council of the City of La Quinta Designating Speed Limits for 0321 Certain Local Streets". The adopted Resolution established the prima facie speed limit for 56 street segments within the City. In early 2009, the City's Police Department advised the Public Works Department that 16 street segments were not included in the 2007 Speed Survey and recommended the City consider conducting a supplemental speed survey addressing these street segments. On April 6, 2009, the City issued a purchase order to Willdan Engineering to perform the supplemental speed survey for the 16 missing street segments. On July 6, 2010, the City Council approved a modified striping plan for Avenida Bermudas between Calle Durango and Calle Arroba and directed staff to perform a speed study after a period of 120 days. Staff determined that there were six other street sections that had been modified since the last speed survey and that also needed to have a new speed survey performed on them, bringing the total to eight street segments that needed new speed surveys. On January 11, 2011, the City entered into a Professional Services Agreement with Willdan Engineering to perform the supplemental speed survey for the 8 street segments. The February 2011 Supplemental Speed Limit Study has been prepared and is available for review in the Public Works Department. The study evaluates the posted speed limits along the eight street segments which were determined to need updating. Adoption of the study will allow the City to update the speed limits on several street segments and enable the Sheriff's Department to utilize radar or other electronic speed measuring devices for speed enforcement. The California Vehicle Code (CVC) sections 40801 and 40802 require engineering and traffic surveys that verify the prima facie speed limit before enforcement can be done by radar. The law further specifies that these surveys be conducted every 5 years. The surveys can be extended to 7 years provided the City's police officer(s) have completed a 24-hour radar operator course [CVC 40802(c)(2)(B)(i)(1)]. Additionally, some surveys may be extended to 10 years if a traffic engineer certifies that no changes in roadway or traffic conditions have occurred [CVC 40802(c)(2)(B)(i)(11)]. These anti -speed trap provisions assure that posted speed limits are kept reasonably current to driving conditions experienced by motorists. The engineering and traffic surveys for the City were conducted in accordance with procedures outlined in the California Manual on Uniform Traffic Control Devices 03-8 (California MUTCD) dated January 2010 and as required by Section 627 of the California Vehicle Code. The Code further describes three elements of an engineering and traffic survey: 1 . Measurement of prevailing speed; 2. Accident history; and 3. Roadway characteristics not readily apparent to the motorist. Existing vehicle speeds are surveyed by a certified radar operator with a calibrated radar unit in an unmarked vehicle. Speed samples are taken for each segment representing a statistically significant sample of current traffic. This data is then evaluated to identify the distribution of speeds. A key element in the evaluation is the identification of the 85th percentile speed. The 851h percentile speed is the speed at or below which 85 percent of the traffic travels. This threshold represents what is historically found to be a safe and reasonable speed for most drivers based on common roadway conditions. Therefore, a "basic speed limit" is established at the nearest 5-mile per hour (mph) increment to the 85th percentile speed. For example, if the 85th percentile speed is 48 mph, the basic speed limit is 50 mph. If the 85th percentile speed is 47 mph, the basic speed limit is 45 mph. The recommendation made by the Supplemental Engineering and Traffic Survey report, prepared in February 2011, is to decrease the speed limit of two segments, set a speed on one segment not currently posted and maintain the speed limit for the remaining 5 segments as currently posted. Table 1 below summarizes the supplemental speed survey results: TABLE 1 STREET SEGMENTS WITH RECOMMENDED LOWER POSTED SPEED STREET FROM TO EXISTING NEW Avenida Bermudas Avenue 52 Calle Arroba 45 40 Avenida Bermudas Calle Arroba Calle Tecate 35 30 STREET SEGMENTS NOT PREVIOUSLY POSTED Street Segment Speed Limit (mph) Westward Ho Roadrunner Lane to Jefferson Street 35 (Eastbound) 0329 STREET SEGMENTS WITH NO CHANGE TO POSTED SPEED Street Segment Speed Limit (mph) Caleo Bay Drive Avenue 47 to Avenue 48 30 Fred Waring Drive Washington Street to Jefferson Street 50 Highway 1 1 1 West City Limit to Adams Street 50 Highway 1 1 1 Adams Street to East City Limit 50 Monroe Street Avenue 58 to Avenue 60 55 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 . Adopt a Resolution of the City Council approving designation of legal speed limits on certain local streets, as recommended in the "Engineering and Traffic Survey for the City of La Quinta" dated February 2011, prepared by Willdan Engineering, a transportation engineering firm; or 2. Do not adopt a Resolution of the City Council approving designation of legal speed limits on certain local streets, as recommended in the "Engineering and Traffic Survey for the City of La Quinta" dated February 2011, prepared by Willdan Engineering, a transportation engineering firm 3. Provide staff with alternative direction. Respectfully submitted, 60thy R. J nas P.E. Public Wor Dire r/City Engineer Approved for submission by: Thomas P. Genovese,City Manager 0330 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DESIGNATING SPEED LIMITS FOR CERTAIN LOCAL STREETS WHEREAS, the California Vehicle Code authorizes cities to designate and regulate speed zones within their jurisdictions; and WHEREAS, the City Council finds it appropriate to designate speed limits on the following local streets to facilitate safe and orderly traffic flow; and WHEREAS, said designation shall be made by resolution; and WHEREAS, the City Council adopted Resolution 2007-108 on November 20, 2007 designating speed limits for 56 street segments; and WHEREAS, the City Council adopted Resolution 2009-067 on August 4, 2009 designating speed limits for 16 additional street segments; and WHEREAS, the City Council adopted Resolution 2010-003 on January 5, 2010 designating speed limits for 2 street segments within the Village Area; and WHEREAS, the City Council finds it appropriate to re -designate speed limits for 8 additional street segments; and WHEREAS, in accordance with the provisions of Title 12.20.020 of the La Quinta Municipal Code, an engineering and traffic survey has been performed on certain specified local streets; and WHEREAS, the following designated prima facie speed limits are based on the results of the engineering and traffic survey. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: the following prima facie speed limits are most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. Street Segment Speed Limit (mph) Westward Ho (Eastbound) Roadrunner Lane to Jefferson Street 35 Caleo Bay Drive Avenue 47 to Avenue 48 30 Fred Waring Drive Washington Street to Jefferson Street 50 0331 Resolution 2011- City Council Speed Limit Adopted: March 15, 2011 Page 2 Highway 111 West City Limit to Adams Street 50 Highway 111 Adams Street to East City Limit 50 Monroe Street Avenue 58 to Avenue 60 55 Avenida Bermudas Avenue 52 Calle Arroba Avenida Bermudas Calle Arroba Calle Tecate PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 151h day of March, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0332 St Tlu,Y 4 64c'Qa/xfw MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Thomas P. Genovese, City Manager FROM: akimothy R. Jonasson, Public Works Director/City Engineer DATE: March 15, 2011 SUBJECT: Discussion of the Draft FY 2011-2016 Capital Improvement Program Please consider the following projects with the FY 201 1 /2012 Capital Improvement Program (CIP) projects which came to the attention of staff after preparation of the CIP staff report. Inclusion of these projects in the CIP along with making certain findings in accordance with Health and Safety Code Section 33445(a) is necessary in order to insure that they may be funded through the RDA and will not be impacted by future state budgets. Projects proposed from Project Area 2 Bond Proceeds: Project Amount Fred Waring Drive Reconstruction - Washington to Adams $2,012,779 Miles Avenue Reconstruction - Adams to Dune Palms $ 573,221 City Entrance Monuments & Landscape Improvements $1,689,000 Projects proposed from Housing and Finance Authority Bonds: Project Amount Dune Palms at Westward Ho Apartments $13,514,775 Washington Street Apartments Rehabilitation -Testa Project $15,243,415 Washington Street Apartments Rehabilitation $ 7,611,810 If acceptable to City Council, staff recommends the above projects be included for consideration at the future public hearing for the FY201 1-2016 CIP. 0333 Taf 4 4 Quba COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: Discussion of the Draft Fiscal Year 201 1- 2012 Through 2015-2016 Capital Improvement Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: Direct staff to make appropriate revisions to the draft Fiscal Year 2011-2012 through 2015-2016 Capital Improvement Program (CIP). The revised CIP will be submitted to the City Council for consideration and approval in May 2011. FISCAL IMPLICATIONS: This is an informational report only. Once the CIP is adopted, the Fiscal Year 2011- 2012 projects will be incorporated into the annual budget. The CIF was developed in a conservative manner. Projections were formulated utilizing conservative estimates consistent with operating revenues. The projects for the next five years, as shown, are based on considered need and available funding with conservative projections of anticipated revenues. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Provided for your consideration is the City's CIP commencing in the 201 1-2012 Fiscal Year. A copy of the draft CIP is presented to the City Council for review as Attachment 1. This document is a statement of the City's goals, objectives, and 0334 priorities for a five-year CIP and the financial commitments required to accomplish those objectives. The preparation of this document has been a joint effort of the City Manager's Office, Public Works, Finance, Building and Safety, Community Services, Planning, and City Clerk Departments. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "Operating" Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long- term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of-way acquisition, construction or modification of buildings or facilities, and public infrastructure construction or modification. The CIP for Fiscal Years 201 1-2012 through 2015-2016 includes a listing of projects by fiscal year priority and type of improvement. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include bridge, street, traffic signals, drainage, landscaping and lighting, parks, and city facilities. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. Those projects that are designated as "additional projects" do not have identified funding sources through the term of the five-year program, or, in the case of Development Impact Fee (DIF) funded projects, a long-term collection period is required to develop the specified project. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIPs. ^'5 Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project, and an estimate of the annual M&0 costs associated with the capital improvement. The completion of any specific capital improvement project may have a direct impact on the M&0 budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity within the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2011-2012 through 2015-2016. The 2010-2011 CIP identified $6,267,558 in capital improvement projects. All 2010- 201 1 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2010- 2011 Project Status Report," which lists: one 1996-1997 project underway, one 2004-2005 project carried over, four 2006-2007 projects carried over, one 2006- 2007 projects underway, three 2007-2008 projects underway, eight 2008-2009 projects completed, ten 2009-2010 projects underway, eleven 2009-2010 project completed, ten 2010-2011 projects underway, and three 2010-2011 project completed. Also included is a "Carryover Project Summary" which provides the life -to - date expenditures for all active CIP projects. Fiscal Year 2011-2012 proposes $19,546,294 in capital improvement projects. There are a total of eight projects identified for this fiscal year. Two projects are recurring as part of a long term plan to fill missing sidewalk links (199702-Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. Project Number 200712- Community Park Land Acquisition proposes to appropriate additional Quimby Funds in the amount $325,000 for use in acquiring land for the future Community Park. There are five new projects proposed to complete the 201 1-2012 CIP. These projects include: 201101 - Highway 111 at Washington Street Intersection Improvements 201102 - Coral Mountain Apartments 201103 - Highway 111 Sidewalk Improvements 201104 - Fred Waring Drive/Palm Royale Median Island Landscape Improvements 201105 - Dune Palms Road Bridge Improvement (Spanning the Whitewater River) 0336 Fiscal Year 2012-2013 proposes $12,895,912 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the sidewalk and handicap ramp recurring projects previously listed, additional appropriations to project 201 102-Coral Mountain Apartments, and one new project: 201201—Adams Street Signal and Street Improvements. Fiscal Year 2013-2014 proposes $25,942,757 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the sidewalk and handicap ramp recurring projects previously listed, the City's final appropriation to project 201102 -Coral Mountain Apartments, and the construction phase of the SilverRock Resort Clubhouse. 200610 — SilverRock Resort Clubhouse — Construction Phase. While the design phase of the project is substantially complete, staff believes the project should be delayed until the local economy improves and the future of Redevelopment Agency (RDA) Funds is resolved. As such, staff recommends the construction phase of the SilverRock Resort Clubhouse be delayed at this time and be reconsidered for funding during Fiscal Year 2013-2014. Fiscal Year 2014-2015 proposes $18,989,000 in capital improvement projects. There are a total of three projects identified for this fiscal year. These projects include two previously listed sidewalk and handicap ramp recurring projects, and the construction phase of the second SilverRock Resort Golf Course. 200608 — SilverRock Resort Phase II Golf Course. For the same reasons discussed above for the Clubhouse, staff recommends the Resort Golf Course be delayed until the local economy improves and the future of Redevelopment Agency (RDA) Funds is resolved. Fiscal Year 2015-2016 proposes $35,000 in capital improvement projects. There are two projects identified for this fiscal year. These projects include the two previously listed sidewalk and handicap ramp recurring projects. There are sixty-three Add Projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled for funding within the next five years. The costs associated with the implementation of these projects are estimated at $142,689,761 . Please refer to the detail sheets located under the Additional Projects tab for project specific information regarding these additional projects. There are six developer completed projects currently identified with City Council approved Developer Reimbursement Agreements. The cost associated with these projects is estimated at $3,546,952. Summary information associated with these 0337 projects is presented in the Revenue Summary and Expenditure Summary Sections. In addition, detail sheets are presented at the tab labeled Developer Reimbursement Request (DRR). The information presented within this section provides the Council with a status and summary of Developer requested reimbursements for projects eligible for future funding by the Transportation DIF. In accordance with the approved agreements, reimbursement will be made when Transportation DIF funding becomes available. Each of the these projects have been prioritized based on following adopted prioritization criteria and have been ranked from highest to lowest priority for future funding. PTS 1DIF AMOUNT PAID BY DEVELOPER 0 0% of Construction Cost 2 $0 to 25% of Construction Costs 4 2596 to 50% of Construction Cost 6 50% to 75% of Construction Costs 8 7596 to 100% of Construction Costs 10 Over 100% of Construction Cost PTS ROADWAY CLASSIFICATION 1 Collector 2 Secondary/Modified Secondar 3 Primary Arterial (A or B) 4 Major Arterial/Au mented Major 5 Bride Improvement PTS 2DEFINABLE TRANSPORATION NEED 0 Landscape Only 1 Installed Y Median Curb 2 Installed Full Median Curb and Median Island Landscape 3 Improved One Lane of Travel and Installed Median 4 Improved Two Lanes of Travel and Installed Median 5 Improved Roadway to Ultimate General Plan Configuration PTS 3AGREEMENT LONGEVITY 0 1 Year or Less 1 Over 1 Year but Less than 2 2 Over 2 Years but Less than 3 3 Over 3 Years but Less than 4 4 Over 4 Years but Less than 5 5 5 Years or More According to the current Cash Flow Model for Fiscal Year 201 1-2012, Transportation DIF funding is not available at this time to reimburse the developers for eligible improvements. At the time funding does become available, staff will return with funding level recommendations for the list of prioritized projects. The following assumptions should be taken into account when reviewing the CIP: 1 . The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing 1 DIF Amount Paid by Developer - This criterion is weighted by a factor of 2. 2 Definable Transportation Need - only count if improvements are over and above what is normally required. 3 In the case of a point tie between two or more developer agreements, the date the agreement was approved by the City Council will break the tie and establish the priority order, 0338 landscape maintenance activities until such time that other revenue sources are available. The City Council's review of the draft Fiscal Year 201 1-2012 CIP will enable City staff to complete the final CIP for public review. Pursuant to Government Code Section 66002, the City Council is required to schedule a public hearing on the CIP and consider its adoption at a subsequent regular meeting. Upon its adoption, the 201 1- 2012 CIP will be incorporated into the City's Fiscal Year 2011-2012 Budget. Respectfully submitted, 0thy R. Jo as n, P.E. PubWorks Dir for Approved for submission by: homas P. Genovese, City Manager Attachment: 1. Draft Capital Improvement Program (City Council Only) 0339 FISCAL YEAR 2011/12 THROUGH FISCAL YEAR 2015/16 CAPITAL IMPROVEMENT PROGRAM BACKGROUND AND OVERVIEW This document is a statement of the City's goals, objectives, and priorities for a five-year Capital Improvement Program (CIP) and the financial commitments required to accomplish those objectives. The purpose of the CIP is to provide the City with a long-range program for major municipal capital construction projects based on the systematic development of an accompanying financial plan. The CIP is a five-year planning instrument used by the City to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes benefit to the public. As each annual budget is prepared, additional projects and priority needs are identified and added to the program to maintain a total five-year plan. The first: year of the CIP is titled the Capital Budget and is based on existing fund balances and projected revenues. The capital budget is incorporated into the annual City "Operating" Budget, which appropriates funds for specific facilities, equipment and improvements. Projects slated for subsequent years in the program are approved on a planning basis only and do not receive expenditure authority until they are incorporated into the capital budget. The CIP will be updated annually and can be amended at any time based on revenue availability and changes in project priorities. As such, tentative City Council endorsement of the five-year program is desirable for the effective implementation of the City's goals and objectives. Capital improvements are major projects undertaken by the City that are generally not recurring on a long-term, annual basis. In this sense they are differentiated from Maintenance and Operation (M&O) expenditures for normal City operation. They include design, inspection, testing, project administration, land and/or right-of- way acquisition, construction or modification of buildings or facilities, and public infrastructure construction or modification. The CIP for Fiscal Years 2011/2012 through 2015/2016 includes a listing of projects by fiscal year priority and type of improvement. These projects are presented in summary on Exhibit 1. The fiscal year a project is scheduled depends on the availability of specific funding sources, operation and program needs, and prior City Council policy. Projects include bridge, street, traffic signals, drainage, landscaping and lighting, parks, and city facilities. Only those projects that have identified funding sources in the five-year period are listed within a fiscal year. 0341 Lx015rr 1 201IN—Fred Waring Drwe/Palm Royale Median Island Landscape Improvements Funding Source: PA92, DIF Transportation, Developer Bonds Funding Availabee S1,115,240 201201—Adams Street Signal and Street Improvements Funding Source: DIF Transportation, TAG Funding Required: $720,500 201105—Dune Palms Read Bridge Spanning Wbltswater River Funding Source: APP Funds, CVAG, SIP Funding Available:$12,408,t100 201103- Highway 111 Sidewalk Improvements Funding Source: PAp2 Funding Available: $112,000 201102 —Coral Mountain Apartments Funding Source: RDA 1 Low/Mod, RDA 2 Low/Mod FY 11-12 Funding Available: $5,037,754 FY 12-13 Funding Required:$12,140,412 H13-14 Funding Required: $9.399,857 201 91verRock Resort Clubhouse Construction Phase Funding Source: PAgl Funding Available 2013/14 $16,507,900 Course Construction Resort Phase 2 Golf Course Source: PAOPhau Funding Source: 2.1 La9aM Funding Available 2014/15 $18,954,000 [;A LA OUwTA 201103 — Highway Ill- Washington Street Intersection Improvements Funding Source: General Fund, CVAG Funding Available:$513,300 200F12—Community Park — Land Acquisition Funding Source: Quimby Funds Funding Available: $32S.000 19W03—Handipp Access Ramp Various Locations Funtlin8 Source:RDA PAp2 l0 000 cer year. 199202-Sidewalks—Various Locations Funding Source: RDA PAg2 25 000 Per year. 0342 Those projects that are designated as "additional projects" do not have identified funding sources through the term of the five-year program, or, in the case of DIF funded projects, a long-term collection period is required to develop the specified project. The additional projects are presented in summary on Exhibit 2. The identification of additional and/or alternative funding sources will be addressed during the annual review and approval of subsequent CIPs. Each project is described in brief detail including a description of the project, the location of the project, a breakdown of the estimated project cost, the revenue sources proposed to be used to fund the project, and an estimate of the annual M&0 costs associated with the capital improvement. The completion of any specific capital improvement project may have a direct impact on the M&0 budgets of the General Fund and other funds. An estimate of these future costs is necessary to assess whether there is financial capacity within the operating budget to cover these ongoing costs. All project costs included in the CIP are at current year project estimates. No inflation factors have been utilized in determining costs for projects in Fiscal Years 2011/2012 through 2015/2016. The 2010/2011 CIP identified $6,267,558 in capital improvement projects. All 2010/2011 projects are either completed, are currently in the design or construction stage, or will have contracts awarded by the end of the fiscal year. Included in the CIP document is a "Capital Improvement Program Fiscal Year 2010/2011 Project Status Report," which lists: one 1996/1997 project underway, one 2004/2005 project carried over, four 2006/2007 projects carried over, one 2006/2007 projects underway, three 2007/2008 projects underway, eight 2008/09 projects completed, ten 2009/10 projects underway, eleven 2009/10 project completed, ten 2010/11 projects underway, and three 2010/11 project completed. Also included is a "Carryover Project Summary" which provides the life -to -date expenditures for all active CIP projects. Fiscal Year 2011/2012 proposes $19,546,294 in capital improvement projects. There are a total of eight projects identified for this fiscal year. Two projects are recurring as part of a long term plan to fill missing sidewalk links (199702- Sidewalks-Various Locations) and to install new or upgrade existing handicap access ramps (Project Number 199703-Handicap Access Ramp -Various Locations) to comply with the ever evolving ADA standards. Project Number 200712— Community Park Land Acquisition proposes to appropriate additional Quimby Funds in the amount $325,000 for use in acquiring land for the future Community Park. 0343 Is =_'Ta -mm $gym? --- � F ��aNN y�aBffi�5����y�8 'e j y=aq® @I u'iy y W �Ezm���S §�4��8�oeee�gu oW .............. ._.A.w _woJ y3 ESE a s�r00000sa!g�¢�¢a��aa a �aaaaa q h�� yTMn x 'tin:. m zt n; y In V� y 6 NrtWN m` wm SAi +.t6c m -EW �dm i1 >�ac or EEIELL� y LL V1 u� a wQ�mmt�a zmv Fee���aa �Nmn3~SE �E '�nS �eggEsb�n a a aasaaaa S�a '¢Ssaaa n LL € E a g b 2o 3 3 sE�4q 3 vEE lop: Q? y5� y O w�2 gEtl QO E V i K 'o '_'�- o aoa8 .g$e i c.= am8_9f'co IEEEg mKnw c' c , y�€m3 €a8m mm m m m rcg Ns3 55 3 3 ws �Em ��Ec may �c d � EEE$ mz'zm v _ mmN m001 o $ y ry 07 mg a gg m _2 a `"d8 Se 8'�8 gnnfi5£mammoo�`ii � m'o 'o `o= ¢� a�aa�oQQa aa���$�aaa _c��SaEaZa a a � V N z ga ti N F z ~ z N 5 W N N N W g>N ti m O K = W a u �a Q V LL 0344 There are five new projects proposed to complete the 2011/2012 CIP. These projects include: 201 101 — Highway 1 1 1 at Washington Street Intersection Improvements 201102 — Coral Mountain Apartments 201103 — Highway 111 Sidewalk Improvements 201104 — Fred Waring Drive/Palm Royale Median Island Landscape Improvements 201105 — Dune Palms Road Bridge Improvement (Spanning the Whitewater River) Fiscal Year 2012/2013 proposes $12,895,912 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the sidewalk and handicap ramp recurring projects previously listed, additional appropriations to project 201102-Coral Mountain Apartments, and one new project: 201201—Adams Street Signal and Street Improvements. Fiscal Year 2013/2014 proposes $25,942,757 in capital improvement projects. There are a total of four projects identified for this fiscal year. These projects include the sidewalk and handicap ramp recurring projects previously listed, the City's final appropriation to project 201102-Coral Mountain Apartments, and the construction phase of the SilverRock Resort Clubhouse. 200610 — SilverRock Resort Clubhouse — Construction Phase. While the design phase of the project is substantially complete, staff believes the project should be delayed until the local economy improves and the future of Redevelopment Agency (RDA) Funds is resolved. As such, staff recommends the construction phase of the SilverRock Resort Clubhouse be delayed at this time and be reconsidered for funding during Fiscal Year 2013/2014. Fiscal Year 2014/2015 proposes $18,989,000 in capital improvement projects. There are a total of three projects identified for this fiscal year. These projects include two previously listed sidewalk and handicap ramp recurring projects, and the construction phase of the second SilverRock Resort Golf Course. 200608 — SilverRock Resort Phase II Golf Course. For the same reasons discussed above for the Clubhouse, staff is recommending the Resort Golf Course be delayed until the local economy improves and the future of Redevelopment Agency (RDA) Funds is resolved. Fiscal Year 2015/2016 proposes $35,000 in capital improvement projects. There are two projects identified for this fiscal year. These projects include the two previously listed sidewalk and handicap ramp recurring projects. 0345 There are sixty-three Add Projects identified under the current CIP Additional Projects (Add Projects) list that are not scheduled for funding within the next five years. The costs associated with the implementation of these projects are estimated at $142,689,761. Please refer to the detail sheets located under the Additional Projects tab for project specific information regarding these additional projects. There are six developer completed projects currently identified with City Council approved Developer Reimbursement Agreements. The cost associated with these projects is estimated at $3,546,952. Summary information associated with these projects is presented in the Revenue Summary and Expenditure Summary Sections. In addition, detail sheets are presented at the tab labeled Developer Reimbursement Request (DRR). The information presented within this section provides the Council with a status and summary of Developer requested reimbursements for projects eligible for future funding by the Transportation DIF. In accordance with the approved agreements, reimbursement will be made when Transportation DIF funding becomes available. Each of the these projects have been prioritized based on following adopted prioritization criteria and have been ranked from highest to lowest priority for future funding. PTS 'DIF AMOUNT PAID BY DEVELOPER 0 0% of Construction Cost 2 $0 to 25% of Construction Costs 4 25% to 50% of Construction Cost 6 50% to 75% of Construction Costs 8 75% to 100% of Construction Costs 10 Over 100% of Construction Cost PTS ROADWAY CLASSIFICATION 1 Collector 2 Secondary/ModifiedSecondar 3 Primary Arterial (A or B) 4 Major Arterial/Augmented Major 5 Bride Improvement PTS 2DEFINABLE TRANSPORATION NEED 0 Landscape Only 1 Installed Y: Median Curb 2 Installed Full Median Curb and Median Island Landscape 3 Improved One Lane of Travel and Installed Median 4 Improved Two Lanes of Travel and Installed Median 5 Improved Roadway to Ultimate General Plan Configuration PTS 3AGREEMENT LONGEVITY 0 1 Year or Less 1 Over 1 Year but Less than 2 2 Over 2 Years but Less than 3 3 Over 3 Years but Less than 4 4 Over 4 Years but Less than 5 5 5 Years or More According to the current Cash Flow Model for Fiscal Year 201 1 /2012, Transportation DIF funding is not available at this time to reimburse the developers for eligible improvements. At the time funding does become available, staff will return with funding level recommendations for the list of prioritized projects. 'DIF Amount Paid by Developer - This criterion is weighted by a factor of 2. 1 Definable Transportation Need - only count if improvements are over and above what is normally required. 3 In the case of a point tie between two or more developer agreements, the date the agreement was approved by the City Council will break the tie and establish the priority order. 0346 The following assumptions should be taken into account when reviewing the CIP: 1. The City Council has reaffirmed prior policy to maintain sufficient General Fund emergency reserves, a General Fund reserve for cash flow purposes, and allocation of sufficient funds to cover current contracted and authorized capital improvement projects. 2. Because of increases in ongoing maintenance costs, the addition of completed improvements and the provisions of Proposition 218, the Lighting and Landscape District may not have sufficient funding in the future. The current fund balance and annual assessment revenues are inadequate to cover all future capital and operational cost increases. The alternative would be to continue to defer specific lighting and landscape improvements and/or reduce existing landscape maintenance activities until such time that other revenue sources are available. 0347 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2010/2011 PROJECT STATUS REPORT 1996/97 PROJECT UNDERWAY 199603 - Washington Street Storm Drain Improvements - Construction Phase 2004/05 PROJECTS CARRIED -OVER 200407C - Traffic Signal (Jefferson @ Ave 53) - On Hold 2006/07 PROJECTS CARRIED -OVER 200607 - SilverRock Resort Phase II Infrastructure - On Hold 200608 - SilverRock Resort Phase II Golf Course - On Hold 200610 - SilverRock Resort Clubhouse - On Hold 200611 - SilverRock Resort Entry Features - On Hold 2006/07 PROJECTS UNDERWAY 200606 - Adams Street Bridge Spanning the Whitewater River - Construction Phase 2007/08 PROJECTS UNDERWAY 200707 - Traffic Signal (Dune Palms @ Retail Center) - Under Design 200712 - Community Park Acquisition - Underway 200719 - La Quinta Sports Complex Rehabilitation - Construction Phase 2008/09 PROJECTS COMPLETED 200801 - Laguna de la Paz Sound Attenuation Wall 200802 - Traffic Signal (Desert Club @ Ave 52) 200803 - Village/Cove Area Fire Station (Phase 1) 200804 - Phase II - Village Enhanced Pedestrian Crossings 200805 - Fred Wolff Bear Creek Nature Trail 200806 - Colonel Paige Sports Field Lighting 200816 - Highway 111 Signal Equipment & Interconnect 200818 - Washington Street Widening 2009/10 PROJECTS UNDERWAY 200901 - Avenue 50 Bridge Spanning the All American Canal - Indio Lead 200902 - Madison (Avenue 50 to Avenue 52) - Indio Lead 200903 - Highway 111 Median Island Landscape Improvements - Under Design 200904 - Dune Palms Road Street Improvements - Under Design 200910 - "A" Street Extension (Dune Palms to Komar Center) - Under Design 200911 - Washington Street Apartments Rehabilitation - Under Design 200913 - Relocation of Coachella Canal at SilverRock Resort - CVWD Lead 200914 - Highway 111 Utility Undergrounding - Underway with IID 200922 - Eisenhower Drive and Calle Tampico Signal Interconnect - Construction Phase 200924 - Adams, Miles, Dune Palms Road Signal Interconnect - Construction Phase 2009/10 PROJECTS COMPLETED 200905 - Seasons Park Dog Park 200906 - Adams Park Playground Equipment 200907 - Fritz Burns Park Playground Equipment 200908 - Seasons Park Playground Equipment 200909 - Pioneer Park Dog Park and Parking Lot 200912 - RDA Owned Cove Homes Landscape Conversion 200915 - Drainage Improvements (NE Corner of Simon & Washington) 200916 - Jefferson Street Landscaping (Vista Grande to Westward Ho) 200918 - Landscape Greens Improvement 200919 - Village Area Sidewalk Infill Improvements 200921 - Monroe Pavement Rehabilitation 0348 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2010/2011 PROJECT STATUS REPORT 2010/11 PROJECTS UNDERWAY 201003 - Avenue 50 @ Park Avenue Drainage Improvements - Under Design 201004 - Avenue 48 @ Jefferson Street Drainage Improvements - Under Design 201006 - Washington Street Dual Left Turn Lanes @ Avenue 48 - Under Design 201007 - Highway 111 Dedicated Right Turn Lane - Study Phase 201008 - Phase II Washington Street Drainage Improvements - Under Design 201009 - Washington Street Right Turn Lane @ Eisenhower Drive - Under Design 201010 - Village Area Land Acquisition 201011 - Eisenhower Drive @ Sinaloa Traffic Signal or Round -A -Bout - Study Phase 201013 - Miles Avenue Median Island Landscape - Construction Phase 201014 - Avenue 50 Widening Improvements - Construction Phase 2010/11 PROJECTS COMPLETED 201001 - Ahmanson Drive Street and Drainage Improvements 201002 - SilverRock Resort Temporary Club House Parking Lot Drainage Improvements 201005 - Colonel Paige Middle School Restroom 0349 °88886 °°°g8g eo om oo� "$°mo< "8g°momoo8"$° wz moo' oor o nom m - N m m eS� eo ,o iz 8eo� Ada mom RSm oo of e$mm _ .081,�oli`- -Om aB°' "om000nn8o$88 "'a "i Oee Qo E eom moo eom - as 0 e"a'+8a oc$ n8o8 o"o a«=o=<��'mw0m000«„00$oe om � 000000u°i oae m66 '6 ,8 6m ,8� of aoa >x _ 000000P88$$88o8 oe0o8o 88888$800000000088$00000o$$80g000088°0 °0000000880001 'omR. °om eOm 00" °88 oOo 8 aaom o0o ui6m n'o -� m8 ng �80� n00008=�"+om� �88R$�o $$800$$$80 0 a d6000 d mom mor o a ff e888gr8 $ m8� o. $88g g8g o$$I ° n6oemcda==�g2 8W .....1.. "or8dddm8ammm000mdnmgm6do�mnm�g ,"m�$g��"_ m e888 o °$ E! ° mo V rv$muOvi o - O a ¢ a V - E Q zS 0¢ Q Z _ f ow x3u o i z aom� oa zu mo moam o e i¢ w z ow o�i > °ama u 6a sm zwr' o°wz o ? z a > aoa° >3 m o= ¢u zap s yy o� NzzF w a o Fi Fwa u pOz um ¢m¢a moo> o i a wWiz m�a Fw sm ° z aFz 3oN wFo a>° o"¢uazarra °aaw¢ ° _ zm >a ° i ao z a im m�i xa iwwr�a m m �`a m r m w yoLL o o F r -oaz zou'-'-- o zF a z i> �rosw ¢aaUz z (4 u zz m i izu aaux> xew �., _ �awmm-a Oor..Fwam ° ._m z- i°z ma,'-az > my io wm?, rc 2aa ° F3_wo dm¢�w az-� i 3° ooWzrm oao�n o Kuxmr u�w� E>w"ter -i Fo o r zz'i iww�u:sw_ �uczur-r 5° zziw -N zoza>rwaZLLirzSo"o"° aFFFz o�m3 aau i x ¢moo °">- F m Eo3LLz ..mpmara 8owaazczwwza. oo>3 F'"ow��z cmwo'_m ooE imz<a�o"-z°uErm°aoo�a'"78i'"-,az Fug o ow zm s Dias aELLm '°^ao aoowo zFouu3w zr�az'z�'zs z°xu-m.a oaywraou> miu az o""'Saao'Q wmo3mr o°a^waa�zrmazz..awmwm x_S>3F o. f7a<mm as ¢o r¢rrouy osroz ri.a,moa oc>z awwiu -y¢zwo r m igamy�mrooNN ,�orZBza�aaaEwzi r6a -was>s a=myoeNFz��' m aaaomF ao m aE�'araa� �S o orowwwwaLL aaF am uwwaox��x >os¢6amxr 8LLw o�n.zyum,m�°wsaaamuzxH a'mmc z ai000w zzzF: z p FNa zuz`nwaa�'w xxxx�°yawuwrh°aFiuzmaaxO�o�wz�pa°£¢zz¢� n wzzF�uo� z am xayao'=ao uw z i3oo:LLwfw8a5mmww"BFiwaay3$m-aoEmowwNo�-zw-aow6iEm y °NFazFina0000" uuamz- a ao�3`rnamw°o(/d �6�¢3t�aiOaaa>�s °moaw8azi-wz`"Ucmmao maoaoaoaooaoF z. zaz�moJJ»ir sa000do<m>a3�woaw9m or-.r ow3sw3�aox_oAoox_» Fiya "'z r-F>ww�mr¢x�anm"wna oa3xa�m"Nry��o 33�xa.u>u3raFx ma.. aa3rcmxo-,x» xowamFaamaau3xa3>� mF" uz ¢u _ _ IDw u'Yu-m `m ° eo 000m00000Pmp 080o88800 gg °°goo °° q IDSif � mz -±'o_; , °Oo8 .0800 o eooC°�;" rJ o o'o � "'0000 0350 IIN =�a sos- R��£R 0?51 0 0359 § |! /! | ;! 0353 w y IF L 0 O O m m m N N N N a 4 i 0354 0355 I O� oaf Z,m Sz5 Ohm gWw to w0w Ta ?�x �w U ie m n r' j Y CL Q O O O y Q�w r6 5 z w z w a Q W w LL p z ?o?w- F � K UQ0rO aQ ¢] U z Q Q N O O p 10 O O O O O O N O O O O O O O O O O O O O O O O O O N O O O O O O N N n N _ t 00 W n z O n O O m O •- N M M N Q N O O 10 0 m m 00 O V Cl li M 1 5 t7 N 10 � N� W r W p W N 0 N n cc O O O w m N w O O - O N N } W f tp O N N O o U N (O O Q N O N N z H Q r 2 O N w' a w W N � N O N N O O W w �G 0 x � O c `6 K y f � 3 c m @ N> N d d ¢ OC CO -O C E� } .y ° o� > O J LL J i ] O N H Q N Y ` c O N Y m @ ¢ c m E u o- `.- Y E C Y m E c E Or @ m ° c c Z m _Y z °- z c E t0 c to N of N m m ,E.oY@Nc C >>> c 2 g m a co o @N 17rEC 'cOy U C w. m w x J C m v i c Q NCEU E a 0 'E > N OO9 °> Y of ¢ C m 0> C C C C C m@c ] 'bo y mm diOE3ammmYYm C @mm > Y m mm O w cYx oy - cm � ° o Y ° ° Y ° Yo O O° E z W O O CmC LEm'm LEmE LmEcm LEYcm LEEc@LE > m uQ ¢ g m �_ ' E K Y N o- C7 E CL c 0 a O@� E E E@ c O N c c c c c c w ° O C 9 c L m E s E �@°@ a c a m N m > O m f. w w w w w N@ C J@@@ d m@ U d D MMMMU o > iEE E Z m w 0 N m ¢¢> CO Lo a m@@@@@ C �xs of U w N w p Y Yap m m m in Y] in Y Q J J J J J J S E O m` c c �'� Erin �' u� y m U] m@> O E :0 w (7 N p p Q' O N O O C @ fn (n C m>@ C y O N N N N N N(n".0 (O C .----� > d, E E 3 r m 3 t� C m of Y Y a J m ] e L t C g C> m¢ 'S ¢ 3 m ]]]] Y Y m N.'- @.00 m d@ 3 m 3 m 3 m 3 m m 3 3 9 m O O �] 9>� ¢ C N N -p Y w M C c c c 9 C ¢ L L L L L L c�SU2USti0¢t�tn z >> > E _ S > ¢ > ¢ > ¢ > ¢ @ f2 > ¢ p CL ______ _ p o o.-oo 0000'-o 00 N MQ,n 0000000 c°rm rno ----------- �NM v�nN � nmrn1 .-C N N M N N rn rn o 0 0 0 0 0 o co p ¢ p ¢ p ¢ ❑ ¢ p ¢ p ¢ p ¢ p ¢ p< ¢ ¢ p ¢ p ¢ p ¢ p ¢ p ¢ p ¢ p ¢ p ¢ U ¢ p ¢ p ¢ p ¢ p ¢ p p ¢ ¢ N N 0357 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 in 0 0 0 0 O O O 0 1011010 O O N N O O O O N O 0 0 0 Nth N O O O O O O O n N O O O O n N N N O N n n N O O O N O N N n O n > F J z d J N W Q n w 0 m 02 `�� y �vNi Y�iD v�i �co� N Q V 0 8 C mj j aO m aj N N m N N N N U C Ep o N z m 0 J m m dm o " y >>>W¢¢ V EN m@O - m c >O Oz 0 N NM U 0d rNWaa m a0 m m 3 C�inti yoILro00o om'of0ma$ o v m mm O oO d>m c m 0 0 0 0 0 0 0Na 1E 2 ` c dU 9wa a C C C c c cL� mU =' (p N y y N N N .0 m m m 0 m m o 0 0 0 0 0 0 m 0 m m m > U of x c o o c mmmmmmmmmmmmmmmmm o mvamiid"W m'"x "U@�x c c m m o o o m m N m fn (n G](%J fn Ntn N(n ll] N<n (7 N<n NtnU O m o `m0 mz 0� d z X E N N ••U Oa g o o y 0 0 0 o g E g 0 0 o g o 0 c 00 o y m a d m m m m% m m `m m m m m m 0 ZEE`m `m m mi0 Q = N m c m o o E p o U uJ a m m Q m"> c > 3° 0 `° m s= 0 0 '� 75m- m= r m— zzzzzzzzzzzzzzzzz� cn vJU U(n 6. . . . . N'>6.�U . Nm O�mmmmm mmnl N M V N O 0101 0]a7O POOR NN n O C N M N N M M M M M M M [`} M M V V V V V R V R Q V N N N N N N N N N N o ,O ,O (O U U O O O 0000000 00000 OCoco 0 0 O 0 0 0 aaaaaaaaaIIIaaa11 aaaaaa a aaaaaaaa aaa aaaaaa 0358 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199702 - Sidewalks - Various Locations Description This annual project provides for the construction of sidewalks at various locations. The new sidewalk sections are selected from a list of street segments with heavy pedestrian activity and limited opportunity for developer installed improvements. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 201'1J2iq2012/2013 201312014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 0 Project Area 2 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 25,000 25,0001 25,000 25,000 25,000 25,000 25,000 125,000 Expense Amounts Prior Balance A/O Category Appropriation 06130111 201;1. 0;1: 201212013 201312014 201412015 2015/2016 Total Administration 0 Engineering 1,500 1,560 1,500 1,500 1,500 1,500 1,500 7,500 Construction 20,500 20,500 20,500 20,500 20,500 20,500 20,500 102,500 Inspection 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Professional 0 Contingency 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Other: 0 Ex ense Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 nnamtinn Cncrc Prior Balance A/O Category Appropriation 06/30111 211, 2012/2013 201312014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0359 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199703 - Handicap Access Ramp - Various Locations Description This annual project provides for the construction of handicap access ramps at various locations. New handicap ramps are selected from a list of street segments which are prioritized based on pedestrian volume. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Ap ro riation 06/30/11 Nvll Q:1 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 10,000 10,00011 10,000 10,000 10,000 10,000 10,000 50,000 Frnpnse AmnuMs Category Prior Appropriation Balance A/O 06/30/11 �7 20.1�7:201 2012/2013 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Construction 7,000 7,000 7,000 7,000 7,000 7,000 7,000 35,000 Inspection 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Professional 0 Contingency 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Other: 0 ,Expense Amount Total 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 n.,prpi�n„ rn�r� Prior Balance A/O Category Appropriation 06/30/11 201;,120,12� 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 owl CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Park Improvement Project: 200712 - Community Park - Land Acquisition Description Purchase land for future development of a 40 acre Community Park. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 2 1i �.. ff 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure - 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Quimby 8,000,000 7,983,438 325,000 325,000 Other: 0 Revenue Amount Total 8,000,000 7,983,438 325,000 0 0 0 0 325,000 Fvnnn¢n 4mnnnte Category Prior Appropriation Balance A/O 06/30/11 @ A'' Q 2'. 201212013 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other: Land Acquisition 8,000,000 7,983,438 325,000 325,000 Other: 0 Ex ense Amount Total 8,000,000 7,983,438 325,000 0 0 0 0 325,000 11 nnnratinn Cnete Prior Balance A/O Catego A ro riation 06l30/11 : Q 1 012 201212013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year. Printed: 4-Mar-11 0361 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 201101 - Highway 111 at Washington Street Intersection Improvements Description The proposed improvements will modify the intersection at Highway 111 and Washington Street in an attempt to achieve a level of services (LOS) E or better during peak hour, peak season traffic. The scope of the project includes additional left turn lanes, right turn lanes,' adjustments to pedestrian crossings, and modifications to the traffic signal. Revenue Amounts New Appropriation by Fiscal Year Prior Balance AID t',- Category Appropriation 06/30/11 �20?:7120:. 2012/2013 2013/2014 2014/2015 201512016 Total General Fund 128,325 128,325 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 OF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: CVAG 384,975 384,975 Other: 0 Revenue Amount Total 0 0 513,300 0 0 0 0 513,300 Exnense Amounts Category Prior Balance A/O Appropriation 06/30/11 2012/2013 2013/2014 2014/2015 2015/2016 Total Administration 18,702 18,702 Engineering 37,406 37,406 Construction 374,059 374,059 Inspection 36,470 36,470 Professional 0 Other: Contingency 46,663 46,663 e: 0 ExOthr ense Amount Total 0 0 513,300 0 0 0 0 513,300 nnerafinn rnsts Prior Balance A/O Category Appropriation 06/30/11 101 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete No additional operating costs are anticipated as a result of the project. Shading represents the current Fiscal Year. Printed: 3-Mar-11 0362 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Low/Mod Income Housing Project: 201102 - Coral Mountain Apartments De7tionThobligate the Agency to invest $29,000.000 to underwrite the foal design, development and operation of a 176 unit multi- facomplex that will be rented, at affordable rents, to very low, low and moderate income family households. Revenue Amounts New Appropriation by Fiscal Year Prior Balance AID Category Appropriation 06/30/11 ! 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 1,382,088 0 2,871,520 6,920,035 6,920,035 16,711,590 Project Area 2 1,039,890 0 2,166,234 5,220,377 2,479,822 9,866,433 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 2.421,978 0 5.037,754 12,140Al2 9.399.857 0 0 26,578,023 Expense Amounts Category Appropriation Prior Balance AID 06/30/11 j °,4 i( 201212013 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other:Developer Reimbursement 2.421,978 0 5,037,754 12,140,412 9,399,857 26,578,023 Other: 0 Expense Amount Total 2.421,978 0 5,037.754 12.140,412 9,399,857 0 0 26,578,02311 Ocieratina Costs Prior Balance A/O 1 Category Appropriation 06130/11 2012/2013 2013/2014 2014/2015 201512016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year. Printed: 4-Mar-I1 0363 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 201103 - Highway 111 Sidewalk Improvements Description The proposed improvements will install curb adjacent sidewalk on the north side of Highway 111 from Dune Palms Road to approximately 595 Linear Feet east of Dune Palms, and on the south side of Highway 111 from approximately 280 linear feet east of Dune Palms Drive to approximately 670 linear feet east connecting to the existing sidewalk at the Costco Center. Revenue Amounts New Appropriation by Fiscal Year Prior Bala1n3ce A/O a o Appropriation 00/11 0Cate 1 2012/2013 2013/2014 2014/2016 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 112,000 112,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 0 0 112,000 0 0 0 0 112.000 Exoense Amounts Cate o Prior Balance A/O Appropriation 06/30/11 ' _, 201�1)20.2E 2012/2013 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 8,000 8,000 Construction 80,000 80,000 Inspection 7,800 7,800 Professional 6,000 6,000 Other: Contingency 10,200 10,200 Other: 0 ,Expense Amount Total 0 01 112,000 0 0 0 0 112,000 Onarafinn Cnefe Prior Balance A/O AA � Category Appropriation 06130/11 1901,112072,' 2012/2013 2013/2014 201412015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year. Printed: 3-Mar-11 0364 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 201104 - Fred Waring Drive/Palm Royale Median Island Landscape Improvements Description The proposed improvements will install landscape, irrigation and low level lighting within the median islands on Fred Waring Drive, between Washington Street and Adams Street. The project also includes the installation of median curb, signing and striping, decomposed granite fines and boulders on Palm Royale adjacent to the Colonel Paige Middle School. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O '" Cate 0 A ro riation 06/30/11 •201,%20,.J, 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 100,000 100,000 DIF - Transportation 813,040 813,040 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 OF - Community Center 0 DIF - Maintenance Facility 0 Other: Developer Bonds 202,200 202,200 Other: 0 Revenue Amount Total 0 0 1,115,240 0 0 0 0 1,115,240 Fvnansa Gmnimte Category Prior Balance A/O Appropriation 06/30/11 k2p]:1/20. i 2012/2013 2013/2014 2014/2015 2015/2016 Total Administration 38,600 38,600 Engineering 77,199 77.199 Construction 771,990 771,990 Inspection 75,269 75,269 Professional 51,000 51,000 Other: Contingency 101,183 101,183 Other: 0 ,Expense Amount Total 0 0 1,115,240 0 0 0 0 1,115,240 Oneratina Costs Prior Balance A/O N' Category Appropriation 06/30/11 ?201':112 12+ 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 10,285 10,285 10,285 10,285 41,140 Other: 0 Operating Cost Total 0 0 0 10,285 10,285 10,285 10,285 41,140 Additional Comments: Project Status: Percent Complete Operating costs are calculated at $0.25 per square foot. Shading represents the current Fiscal Year. Printed: 3-Mar-11 0365 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 201105 - Dune Palms Road Bridge (Spanning the Whitewater River) Description Design and construct a new 4 lane bridge on Dune Palms Road spanning the Whitewater River. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O w Category Appropriation 06/30/11 i211:4.201 2012/2013 2013/2014 2014/2015 2016/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 350,064 350,064 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 APP Funds 200,000 200,000 Other: State HBP Funds 10,807,742 10,807,742 Other: CVAG 1,050,194 1,050,194 Revenue Amou nt Total 0 0 12,408,000 0 0 0 - 0 12,408,000 Expense Amounts Category Prior Balance A/O Appropriation 06/30/11 170A '-..p122012/2013 2013/2014 2014/2015 2015/2016 Total Administration 310,200 310,200 Engineering 1,240,800 1,240,800 Construction 8,654,580 8,654,580 Inspection 961,620 961,620 Professional 0 Other: Contingency 1,240,800 1,240,800 Other: 0 Ex ense Amount Total 0 011 12,408,000 0 0 0 0 12,408,000 Oceratina Costs Prior Balance A/O Category Appropriation 06/30/11 .201':7/2012i 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year, Printed: 3-Mar-11 0366 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199702 - Sidewalks - Various Locations Descri lion This annual project provides for the construction of sidewalks at various locations. The new sidewalk sections are selected from a list of street segments with heavy pedestrian activity and limited opportunity for developer installed improvements. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O - Category Appropriation 06130111 2011/201210.; 20; 201312014 2014/2016 201512016 Total General Fund 0 Infrastructure 0 Project Area 1 0 0 Project Area 2 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 25,000 25,0001 25,000 25,000 25,000 25,000 25,000 125,000 Exnense Amounts Category Prior Appropriation Balance AIO 06/30/11 ' 2011/2012 2 '1f4,201 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Construction 20,500 20,500 20,500 20,500 20,500 20,500 20,500 102,500 Inspection 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Professional 0 Contingency 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Other: 0 Ex ense Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 ODeratina Costs Prior Balance A/O Category Appropriation 06130/11 2011/2012� 2112013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0361 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199703 - Handicap Access Ramp - Various Locations Description This annual project provides for the construction of handicap access ramps at various locations. New handicap ramps are selected from a list of street segments which are prioritized based on pedestrian volume. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 2011/2012 `1' 20; 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 10,000 - 10,00011 10,000 10,000 10,000 10,000 10,000 50,000 Fmpnse Cmmmfs Category Prior Appropriation Balance AID 06/30111 2011/2012'�012/2013 �•,i " 2013/2014 2014/2015 2015/2016 Total Administration 0 Engineering 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Construction 7,000 7,000 7,000 7,000 7,000 7,000 7,000 35,000 Inspection 1,000 1,000 1,000 . 1,000 1,000 1,000 1,000 5,000 Professional 0 Contingency 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Other: 0 Ex enseAmountTotal 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 Operating Costs Prior Balance A/O ' Category A ro riation 06/30/11 2011/2012 I01212013 2013/2014 2014/2016 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0368 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Low/Mod Income Housing Project: 201102 - Coral Mountain Apartments Description This project will obligate the Agency to invest $29,000,000 to underwrite the final design, development and operation of a 176 unit multi- family apartment complex that will be rented, at affordable rents, to very low, low and moderate income family households. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 2011/2012 ; _:..._ 2013/2014 2014/2015 201512016 Total General Fund 0 Infrastructure 0 Project Area 1 1,382,088 0 2,871,520 6,920,035 6,920,035 16,711,590 Project Area 1,039,890 0 2,166,234 5,220,377 2,479,822 9,866.433 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 2,421,978 0 5,037,75412140,412 9,399,857 0 0 26,578,023 Expense Amounts Category Appropriation Balance 06130/1'1 2011/2012 2013/2014 2014/2015 2015/2016 Total N, Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other:Developer Reimbursement 2,421,978 0 5,037,75412,140,412 9,399,857 26,578,023 Other: 0 Expense Amount Total 2,421,978 0 5.037,75412,140,412 9,399,857 0 0 26,578,023 11 Ooeratino Costs Prior Balance A/O j �)ii� Category Appropriation 06/30/11 2011/2012 Q ..4=3, 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year. Printed: 4-Mar-11 0369 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 201201 - Adams Street Signal and Street Improvements Description The proposed improvements include the installation of a new traffic signal on Adams Street at Corporate Center Drive, and the installation of median curb, landscapeand irrigation on Adams Street between Highway 111 and the south bridge approach. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30111 2011/2012 2013/2014 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 430,000 430,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 290,500 290,500 Other: 0 Revenue Amount Total 0 0 0 720,500 0 0 0 720,500 Expense Amounts Category Prior Balance AID Appropriation 06130111 2011/2012 !� i jt s'' 201312014 2014/2015 201512016 Total Administration 25,110 25,110 Engineering 50,220 50,220 Construction 502,200 502,200 Inspection 48,965 48,965 Professional 0 Contingency 94,005 94,005 Other: 0 Expense Amount Total 0 01i 0 720,500 0 0 0 720,500 11 Operating Costs Prior Balance A/O Category Appropriation 06/30/11 2011/2012 - 2013/2014 201412015 201512016 Total General Fund 1,875 1,875 1,875 5,625 Other: 0 Operating Cost Total 0 0 0 0 1,875 1,875 1,875 5,625 Additional Comments: Project Status: Percent Complete Operating Costs are calculated at $0.25 per square foot. Shading represents the current Fiscal Year. Printed: 4-Mar-11 0370 CITY OF LA DUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199702 - Sidewalks - Various Locations Description This annual project provides for the construction of sidewalks at various locations. The new sidewalk sections are selected from a list of street segments with heavy pedestrian activity and limited opportunity for developer installed improvements. Revenue Amounts New A ro nation b Fiscal Year Prior Balance AID Category Appropriation 06130111 2011/2012 2012/2013 013174,j 201412015 201512016 Total General Fund 0 Infrastructure 0 Project Area 1 0 0 Project Area 2 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 25,000 257000 1 25,000 25,000 25,000 25,000 25,000 125,00011 Expense Amounts Prior Balance AID Cateaory Appropriation 06/30111 201112012 2012/2013 Y01.S1 1, 201412015 201512016 Total Administration 0 Engineering 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Construction 20,500 20,500 20,500 20,500 20,500 20,500 20,500 102,500 Inspection 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Professional 0 Contingency 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Other: 0 Ex ense Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Prior Balance AID to n, Category Appropriation 06130/11 201112012 201212013 .. 20131201�,_ 2014/2015 201512016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0371 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199703 - Handicap Access Ramp - Various Locations Description This annual project provides for the construction of handicap access ramps at various locations. New handicap ramps are selected from a list of street segments which are prioritized based on pedestrian volume. Revenue Amounts NewA ropiaton b F iscal Year Prior Balance A/O o Appropriation 06/30/11 320 2011/2012 2012120301 , 15 2015/2016 TotalCate General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 OF - Community Center 0 OF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 Expense Amounts Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 i2013 20,T.4 2014/2015 2015/2016 Total Administration 0 Engineering 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Construction 7,000 7,000 7,000 7,000 7,000 7,000 7,000 35,000 Inspection 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Professional 0 Contingency 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Other: 0 Expense Amount Total 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,00011 Prior Balance AID Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% q" Shading represents the current Fiscal Year. Printed: 3-Mar-11 0372 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: 200610 - SilverRock Resort Clubhouse - Construction Phase Description The project includes the preparation of the plans, specifications and engineer's estimate (PS&E) and the construction of the SilverRock Resort Clubhouse. Revenue Amounts New A ro riation by Fiscal Year Prior Balance A/O o Appropriation 06130/11 2011Cate /2012 2012/2013 .20f 14`- 2014/2015 2015/201G Total General Fund 0 Infrastructure 0 Project Areal 8,904,110 6,811,871 16,507,900 25,412,010 Project Area 1 - Bond Issue 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF -Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: TBD 0 Revenue Amount Total 8,904,110 6,811,871 0 0 16,507,900 0 0 25,412,010 Expense Amounts Cateqory Prior Appropriation Balance A/O 06/30/11 2011/2012 2012/2013 12017120,.- 2014/2015 2015/2016 Total Administration 0 Engineering 1,836,000 1,836,000 Construction 6,177,699 6,811,871 12,734,000 18,911.699 Inspection 775,000 775,000 Professional 0 Other: FF&E/Owner Items 1,725,500 1,725,500 Other: Contingency 890,411 1,273,400 2,163,811 Ex ense Amount Total 8,904,110 6,811,87111 0 0 16.507,900 0 0 25,412,01011 Prior Balance A/O Catego Appropriation 06/30/11 2011/2012 2012/2013 � 0.8 01`.: 201412015 2015/2016 Total General Fund 550,000 550,000 1,100]thhe Other: Operating Cost Total 0 0 0 0 0 550,000 550,000 1,100 Additional Comments: Project Status: Percent Complete Design 100% The annual operating costs of the permanent clubhouse were extracted fromRight of Way 0% "Evaluation of SilverRock Resort Golf Course Capital Improvement Options' prep Construction 0 % by Economics Research Associates (ERA), dated January 18, 2005. TMUZZARM Shading represents the current Fiscal Year. Printed: 3-Mar-11 0373 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Low/Mod Income Housing Project: 201102 - Coral Mountain Apartments Description This project will obligate the Agency to invest $29.000,000 to underwrite the final design, development and operation of a 176 unit multi- family apartment complex that will be rented, at affordable rents, to very low, low and moderate income family households. Revenue Amounts New A ro nation b Fiscal Year Prior Balance AIO Category Appropriation 06/30/11 201112012 2012/2013 2014/2015 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 1,382,088 0 2,871,520 6,920,035 6,920,035 16,711,590 Project Area 2 1,039,890 0 2,166,234 5.220,377 2,479,822 9,866,433 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 2,421,978 0 5,037.75412.140.412 9,399,857 0 0 26,578,023 Expense Amounts Cateaory Appropriation Prior Balance A/O 06/30/11 2011/2012 2012/2013 =jt�i,_Q'a 2014/2015 2015/2016 Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Olher.Developer Reimbursement 2,421,978 0 5,037,754 12,140,412 9,399,857 26,578,023 Other: 0 Expense Amount Total 2,421,978 0 5.037,75412.140.412 9,399,857 0 0 26,578,023 O ti C t Pere nq os s Prior Balance A/O Cate o A ro riation 06130111 201112012 2012/2013 �'. 1�`tii 1�' 2014/2015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete Shading represents the current Fiscal Year. Printed: 4-Mar-11 0374 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199702 - Sidewalks - Various Locations Description This annual project provides for the construction of sidewalks at various locations. The new sidewalk sections are selected from a list of street segments with heavy pedestrian activity and limited opportunity for developer installed improvements. Revenue Amounts New Appropriation bx Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014 20141201.. 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 0 0 Project Area 2 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Expense Amounts Prior Balance AID Category Appropriation 06130111 2011/2012 2012/2013 201312014 20A4/20.1,201512016 Total Administration 0 Engineering 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Construction 20,500 20,500 20,500 20,500 20,500 20,500 .20,500 102,500 Inspection 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Professional 0 Contingency 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Other: 0 Ex ense Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Prior Balance A/O Category A ropriation 06/30/11 2011/2012 2012/2013 201312014�-01412015 2015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0375 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199703 - Handicap Access Ramp - Various Locations lescription --- his annual project provides for the construction of handicap access ramps at various locations. New handicap ramps are selecte om a list of street segments which are prioritized based on pedestrian volume. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O ;� -` Total Cate o Appropriation 06/30/11 2011/2012 2012/2013 201312014rK.J4/201' 201612016 General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 Expense Amounts Catenory Prior Appropriation Balance A/O 06/30/11 2011/2012 2012/2013 2013/2014,20141201. 2015/2016 Total Administration 0 Engineering 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Construction 7,000 7,000 7,000 7,000 7,000 7,000 7,000 35,000 Inspection 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Professional 0 Contingency 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Other: 0 Ex ense Amount Total 10,000 10,0051 10,000 10,000 10,000 10,000 10,000 50,000 r= Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014�2014/20 202015/2016 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0376 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: 200608 - SilverRock Resort Phase II Golf Course Description The project includes the preparation of the plans, specifications and engineer's estimate (PS&E) and the construction of the second 18 hole municipal golf course at the SilverRock Resort. Revenue Amounts New Appropriation b Fiscal Year Prior Balance A/O "-" Category Appropriation 06130/11 2011/2012 2012/2013 2013/2014 ,2014/2015a 2015/2016 Total General Fund 0 Infrastructure 0 Project Area 1 2,106,000 1,682,006 18,954,000 18,954,000 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 2,106,000 1,682,006 0 0 0 18.954,000 0 18,954,000 Expense Amounts Category Prior Appropriation Balance A/O 06/30/11 2011/2012 2012/2013 2013/2014 91.4/2015 2015/2016 Total Administration 0 Engineering 2,106,000 1,682,006 0 Construction 15,589,665 15,589,665 Inspection 1,468,935 1,468,935 Professional 0 Other: 0 Other: Contingency 1,895,400 1,895,400 Expense Amount Total 2,106,000 1,682,006 0 0 0 18,954,000 0 18,954.000 n.......�:.... C t Prior Balance A/O Category Appropriation 06/30111 201112012 2012/2013 2013/2014 2014/20 F6? 2015/2016 Total General Fund 1,550,000 1,550,000 Other: 0 Operating Cost Total 0 0 0 0 0 0 1,550,000 1,550,000 Additional Comments: Project Status: Percent Complete The annual operating costs of the 2nd golf course were extracted from the Design 20% "Evaluation of SilverRock Resort Golf Course Capital Improvement Options" Construction prepared by Economics Research Associates (ERA), dated January 18, 2005. Shading represents the current Fiscal Year. Printed: 3-Mar-11 0377 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199702 - Sidewalks - Various Locations Description This annual project provides for the construction of sidewalks at various locations. The new sidewalk sections are selected from a list of street segments with heavy pedestrian activity and limited opportunity for developer installed improvements. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Cateqory Appropriation 06/30/11 2011/2012 2012/2013 201312014 2014/2015- ;15/201. Total General Fund 0 Infrastructure 0 Project Area 1 0 0 Project Area 2 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF -Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Expense Amounts Prior Balance A/O "" _ ' Category Appropriation 06/30/11 201112012 201212013 2013/2014 20141201512015/201.. Total Administration 0 Engineering 1,500 1,500 1,500 1,500 1,500 1,500 1,500 7,500 Construction 20,500 20,500 20,500 20,500 20,500 20,500 20,500 102,500 Inspection 1,500 1,500 1,500 1,500 1,500 1500 1,500 7,500 Professional 0 Contingency 1,500 11500 11500 1,500 1,500 1,500 1,500 7,500 Other: 0 Ex ense Amount Total 25,000 25,000 25,000 25,000 25,000 25,000 25,000 125,000 Prior Balance AID Category Appropriation 06/30111 2011/2012 201212013 2013/2014 201412015 20,151201:ti'6 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year, Printed: 3-Mar-11 0378 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: 199703 - Handicap Access Ramp - Various Locations Description This annual project provides for the construction of handicap access ramps at various locations. New handicap ramps are selected from a list of street segments which are prioritized based on pedestrian volume. Revenue Amounts New Appropriation by Fiscal Year Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014 2014/2016 20, 3/2076 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 10,000 10,000 10,000 10,000 10,000 10,000 10,000 50,000 DI F - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 OF - Library 0 OF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 10,000 10,00011 10,000 10,000 10,000 10,000 10,000 50,000 Expense Amounts Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014 2074/2015 7016l20t6 Total Administration 0 Engineering 1,000 11000 1,000 1,000 1,000 1,000 1,000 5,000 Construction 7,000 7,000 7,000 7,000 7,000 7,000 7,000 35,000 Inspection 1,000 1,000 1,000 1,000 1,000 1,000 1,000 5,000 Professional 0 Contingency 1,000 1,000 11000 1,000 1,000 1,000 1,000 51000 Other: 0 ll Expense Amount Total 10,000 10.000 10,000 10,000 10,000 10,000 10,000 50,000 Prior Balance A/O Category Appropriation 06/30/11 2011/2012 2012/2013 2013/2014 2014/2015 2016/201: Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 - Additional Comments: Project Status: Percent Complete 0% 0% 0% 0% Shading represents the current Fiscal Year. Printed: 3-Mar-11 0379 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD01 - Avenue 50 Bridge Improvement Spanning the Evacuation Channel lescription resign and construct a new 4 lane bridge on Avenue 50 spanning the La Quinta Evacuation Channel. Mevenue Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined To Be 2,412,792 2,412,792 0 1,347,208 1,347,208 Category To Be Determined Total Administration 94,000 94,000 Engineering 376,000 376,000 Construction 2,622,600 2,622,600 Inspection 291,400 291,400 Professional 0 Other: Contingency 376,000 376,000 Other: 0 ,Expense Amount Total 0 0 0 0 0 3,760,000 0 3,760,000 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0380 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD02 - Washington Street Bridge Railing (Replacement) Description Prepare the Plans, Specifications and Estimate (PS&E) and replace the existing bridge railing on Washington Street at the Whitewater River with the La Quinta decorative bridge railing. Revenue Amounts Cateqory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Areal 535,177 535,177 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 Other: Cit of Indian WeIIs 535,178 535,178 Revenue Amount Total 0 0 0 0 0 1,070,355 0 1,070,355 Category To Be Determined Total Administration 39,000 39,000 Engineering 78,000 78,000 Construction 780,000 780,000 Inspection 76,050 76,050 Professional 0 Other: Contingency 97,305 97,305 Other: 0 Expense Amount Total 0 0 0 0 0 1,070,355 0 1,070,355 v mauu Cateqory To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0381 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD03 - Washington Street Turn Lanes Description The proposed improvements will modify the intersection at Washington Street and Miles Avenue to include a new dedicated right turn lane on west bound Miles Avenue and dual left turn lanes on southbound Washington Street. General Fund Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0' DIF - Parks & Recreation 0 DIF - Civic Center 0 OF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 448,700 448,700 Category To Be Determined Total Administration 15,638 15,638 Engineering 31,277 31,277 Construction 312,765 312,765 Inspection 30,494 30,494 Professional 0 Other: Contingency 58,526 58,526 Other: 0 Expense Amount Total 0 0 0 0 0 448,700 0 448,700 n......,a.... rt Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0382 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD04 - Fred Waring Drive (Adams Street to Port Maria Road) )escription the proposed improvements include the installation of half a median island and median island landscape and irrigation, and low evel lighting between Adams St. and Port Maria Road Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 2,036,513 2,036,513 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: Develo er Bonds 0 Revenue Amount Total 0 0 0 0 0 2,036,513 0 2,036,513 Expense Amounts Cateoory To Be Determined Total Administration 101,826 101,826 Engineering 203,651 203,651 Construction 1,328,825 1,328,825 Inspection 198,560 198,560 Professional 0 Other: Contingency 203,651 203,651 Other: 0 Expense Amount Total 0 0 0 0 0 2,036,513 0 2,036,513 Category To Be Determined Total General Fund 5,000 5,000 Other: 0 Operating Cost Total 0 0 0 0 0 5,000 0 5,000 Additional Comments: Operating costs are calculated at $0.25 per square foot. Project Costs were updated following the completion of the widening improvements between Washington Street and Adams Street. The project costs will updated in the DIF during the next DIF update. Printed: 3-Mar-11 0383 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD05 - Madison Street (Avenue 52 to Avenue 54) )ascription fhe proposed improvements include the installation of median island landscape and irrigation between Avenue 52 and Avenue 54. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 1,162,354 1,162,354 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: City of Indio 0 Other: 0 Revenue Amount Total 0 0 0 0 0 1,162,354 0 1,162,354 Category To Be Determined Total Administration 43,130 43,130 Engineering 86,260 86,260 Construction 862,600 862,600 Inspection 84,104 84,104 Professional 0 Other: Contingency 86,260 86,260 . Other: 0 Ex ense Amount Total 0 0 0 0 0 1,162,354 0 1,162,354 Category To Be Determined Total General Fund 23,760 23,760 Other 0 Operating Cost Total 0 0 0 0 0 23,760 0 23,760 Additional Comments: Operating costs are calculated at $0.25 per square foot. Project costs have been updated to reflect the costs presented in the September 16, 2008 DIF Update. This improvement has a pending Developer Reimbursement Agreement (DRA) with the Madison Club, in the amount of $2,030,887. As of March 2009, two travel lanes and median curb have been constructed. The median landscape and irrigation improvements are pending. The costs presented above have been adjusted to reflect the cost of the median landscape and irrigation improvements only. DRA improvements are tracked as separate ADD projects. Printed: 3-Mar-11 0384 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD06 - Madison Street (Avenue 60 to Avenue 62) Description The proposed improvements include the installation of two lanes and paved painted median between Avenue 60 and Avenue 62. The improvements also include 1,350 LF of full width widening on the east side adjacent to Trilogy. Fund Project Area 1 Project Area 2 DIF- Transportation 3,108,879 3.1 DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: City of Indio Category To Be Determined Total Administration 110,117 110,111 Engineering 220,234 220,234 Construction 2,202,341 2,202,341 Inspection 170,681 170,681 Professional 0 Other. Contingency 405,506 405,506 Other: 0 [Expense Amount Total 0 0 0 0 0 3,108,879 0 3,108,879 v ulauu Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project costs are updated as presented in the September 16, 2008 DIF Update. This project has a pending Developer Reimbursement Agreement (DRA) with Travertine Development, in the amount of $1,563,733. The DRA improvements have not been constructed. Printed: 3-Mar-11 0385 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvements Project: AD07 - Miles Avenue Median Curb and Median Island Landscaping (Seeley - Dune Palms) Description Construct median island curb and install landscaping, irrigation and lighting from Seeley Avenue to Dune Palms Road (1.65 miles) Infrastructure " Project Area 1 0 Project Area 2 0 DIF- Transportation 922,062 922,062 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: Developer Bonds Median Curb 315,818 315,818 Other: TBD Landscape 0 Other: TBD Median Curb _._ 0 Category To Be Determined Total Administration 45,838 45,838 Engineering 91,678 91,678 Construction 916,779 916,779 Inspection 71,050 71,050 Professional 0 Other: Contingency 112,535 112,535 Other: 0 Ex en se Amount Total 0 0 0 0 0 1,237,880 0 1,237,880 V C�YLIII LUViW Category To Be Determined Total General Fund 39,000 39,000 Other: 0 Operating Cost Total 0 0 0 0 0 39,000 0 39,000 Additional Comments: Developer Bonds available in the amount of $315,818. Operating costs are calculated at $0,25 per square foot. Project costs are updated as presented in the September 16, 2008 DIF Update. Printed: 3-Mar-11 0386 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD08 - Fred Waring Drive Reconstruction (Washington Street to Adams Street) Description The project will reconstruct the eastbound and westbound number 1 (center) lanes from Palm Royale to Adams Street and all eastbound lanes from Washington Street to Palm Royale. The improvements include new AC pavement and base material, striping, crack seal, and slurry seal as needed. Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: Developer Bonds 2,012,779 2,012, Expense Amounts Category To Be Determined Total Administration 0 Engineering 140,300 140,300 Construction 1,403,000 1,403,000 Inspection 136,793 136,793 Professional 70,150 70,150 Contingency 262,536 262,536 Other: 0 Expense Amount Total 0 0 0 0 0 2,012,779 0 2,012,779 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0387 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD09 - Miles Avenue Reconstruction (Adams Street to Dune Palms Road) Description The project will reconstruct the eastbound and westbound number 1 (center) lanes from Adams Street to Dune Palms Road. The improvements include new AC pavement and base material, striping, crack seal, and slurry seal as needed. o........��., A.....—+. Infrastructure Project Area 1 Project Area 2 767,403 767 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: Developer Bonds Expense Amounts Category To Be Determined Total Administration 0 Engineering 55,725 55,725 Construction 557,250 557,250 Inspection 54,332 54,332 Professional 0 Contingency 100,096 100,096 Other: 0 Expense Amount Total 0 0 0 0 0 767,403 0 767,403 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0388 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Drainage Improvement Project: AD10 - Phase 3 Washington Street Drainage Improvements (St. Francis of Assisi Parkway Median) Description The project will remove and replace the frontage road adjacent to the St. Francis of Assisi Church with a retention basin. Project Area 1 Project Area 2 1,131,997 1,131, DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: Developer Bonds Expense Amounts Category To Be Determined Total Administration 0 Engineering 82,200 82,200 Construction 822,000 822,000 Inspection 80,145 80,145 Professional 0 Contingency 147,652 147,652 Other: 0 Expense Amount Total 0 0 0 0 0 1,131,997 0 1,131,997 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The project will result in the addition of 3.5 acre-feet of storm water capacity. Printed: 3-Mar-11 03 A CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD11 - Avenue 50 (Washington Street to Madison Street) Description The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, from Washington St. to Jefferson St.; and the installation of half a median island, median island landscape, irrigation and electrical and the adjustment of the centerline profile to implement urban drainage concept for future widening of the south side, from Jefferson St. to Madison St. Revenue Amounts Cateclory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 1,222,008 1.222,008 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: Developer Bonds 52,100 52,100 Other: 0 Revenue Amount Total 0 0 0 0 0 1,274,108 0 1,274,108 Expense Amounts Cateciory To Be Determined Total Administration 47,275 47,275 Engineering 94,550 94,550 Construction 945,500 945,500 Inspection 92,186 92,186 Professional 0 Other: Contingency 94,597 94,597 Other: 0 Expense Amount Total 0 0 0 0 0 1,274,108 0 1.274,108 Category To Be Determined Total General Fund 30,000 30,000 Other: 0 Operating Cost Total 0 0 0 0 0 30,000 0 30,000 Additional Comments: 1. The proposed median improvements are not included between the La Quints Evacuation Channel and Park St. 2. The project also includes the construction of a new outside lane adjacent to Polo Estates. 3. Park Avenue to Orchard - Developer bonds are available for the south side. 4. Operating costs for future median island landscape and lighting are calculated at $0.25 per square foot. 5. Project costs have been reduced to reflect TO Desert Tract 25429 Developer Reimbursement Agreement $186,900 DIF and $45,000 Developer Bonds; and to reflect Toll Brothers Reimbursement Agreement $ 627,972. Developer Reimbursement Agreements are tracked as separate Additional Projects. 6. Project costs have been updated to reflect the costs presented in the September 16, 2008 DIF. Printed: 3-Mar-11 0390 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD12 - Avenue 52 Street Improvements Description The proposed improvements include the installation of median island, median island landscape, irrigation and electrical, and the adjustment of the centerline profile to implement urban drainage standards for the future widening of the north and south sides, from 'Jefferson St. to Madison; and the installation of half a median island, median island landscape, irrigation and electrical, and the adjustment of the centerline profile to implement urban drainage standards for future widening of the south side, from Madison Street to '1/2 mile east of Madison Street. Revenue Amounts Cateqory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 2,648,311 2,648,311 OF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 OF - Maintenance Facility 0 Other: 0 Other: 0 Revenue Amount Total 0 0 0 0 0 2,648,311 0 2,648,311 Category To Be Determined Total Administration 98,268 98,268 Engineering 196.535 196,535 Construction 1,965,350 1,965,350 Inspection 191,622 191,622 Professional 0 Other: Contingency 196,537 196,537 Other: 10 Expense Amount Total 0 0 0 0 0 2,648,311 0 2,648,311 Category To Be Determined Total General Fund 5,900 5,900 Other: 0 Operating Cost Total 0 0 0 0 0 5,900 0 5,900 Additional Comments: Operating costs for future maintenance of the median island landscape and lighting improvements are calculated at $0.25 per square foot. Project costs have been updated to reflect the costs presented within the September 2008 DIF update. Project costs have been reduced to reflect the improvements constructed by the Madison Club Tract 33076 ($669,920),by the Greystone Group Tract 33220 ($183,340), and by the NO La Quinta Partners Tract 29894 ($1,344,690). In addition, the Toll Brothers Tract 30357 have an approved Developer Reimbursement Agreement (DRA), in the amount of ($112,723), for improvements that have not been constructed as of March 2009. Developer Reimbursements Agreements (DRA) are tracked as separate Additional Projects. Printed: 3-Mar-11 0391 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD13 - Avenue 58 Street Improvements (PGA West south to Madison St.) Description This project proposes to realign and construct Avenue 58 from PGA West south to Madison Street. The project was formerly known as the Jefferson Street extension. Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center OF - Maintenance Facility Other: Developer Contributions/Bonds 5,569,743 5,569, 1,365,268 Category To Be Determined Total Administration 256,804 256,804 Engineering 513,609 513.609 Construction 5,136,094 5,136,094 Inspection 398,048 398,048 Professional 0 Other: Contingency 630,456 630,456 Other: 0 Ex ense Amount Total 0 0 0 0 0 6,935,011 0 6,935,011 Operating Costs Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Coral Canyon LLC Tract 33444 has a pending Developer Reimbursement Agreement (DRA) which will affect this project. The pending agreement anticipates the developer will ultimately be reimbursed from both the Transportation DIF and from prior developers. The City has also amended the street typical section for this improvement. The pending developer agreeement and the street section amendment will be addressed and incorporated into the next DIF Update. Printed: 3-Mar-11 0392 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD14 - Avenue 62 Street Improvements (Monroe to Madison St.) Description This project proposes to widen Avenue 62 from 2 to 4 lanes between Monroe Street and Madison Street. The improvements include the crossing over the CVWD Dike. Infrastructure Project Area 1 Project Area 2 DIF - Transportation 5,952,644 DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Category To Be Determined Total Administration 330,015 330,015 Engineering 660,030 660,030 Construction 6,600,302 6,600,302 Inspection 511,523 511,523 Professional 0 Other: Contingency 150,158 150,153 Other: 0 Ex ense Amount Total 0 0 0 0 0 8,252,028 0 8,252,028 t Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The project costs have been updated to reflect the costs presented within the September 165, 2008 DIF Update. The project funding includes a commitment from Shea Homes at Trilogy in the amount of $2,050,000 and other adjacent developers in the amount of $249,384. Printed: 3-Mar-11 0393 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD15 - Madison Street Median Island Landscape Rehabilitation (Avenue 54 to Avenue 56) Description The proposed improvements include the preparation of the plans, specifications and engineer's estimate (PS&E) to rehabilitate the landscaping and irrigation within the median islands on Madison Street from Avenue 54 to Avenue 56. The median islands are 18 feet wide and approximately 5,280 feet long. General Fund Infrastructure Project Area 1 1,777,370 1,777 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined Category To Be Determined Total Administration 0 Engineering 120,000 120,000 Construction 1,200,000 1,200,000 Inspection 117,000 117,000 Professional 120,000 120,000 Other: Contingency 220,370 220,370 Other: 0 Expense Amount Total 0 0 0 0 0 1,777,370 0 1,777,370 Operatinq Costs Category To Be Determined Total General Fund 20,000 20,000 Other: 0 Operating Cost Total 0 0 0 0 0 20,000 0 20,000 Additional Comments: Operating costs for future maintenance of the parkways is calculated at $.025 per square foot. Printed: 3-Mar-11 0394 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD16 - Avenida Bermudas Storm Drain Improvements Description — The project will upgrade the drainage capability at the intersection of Avenida Bermudas and Calle Tampico. The improvements include the construction of a Maxwell IV drywell, and the installation of a 30" RCP storm drain to carry storm water from the southwest corner of Calle Tampico and Avenida Bermudas to the existing storm drain near the KSL parking lot. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Areal 317,888 317,888 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 RDA PA #2 Low/Mod 0 Revenue Amount Total 0 0 0 0 0 317,888 0 317,888 Category To Be Determined Total Administration 0 Engineering 20,420 20,420 Construction 204,200 204,200 Inspection 19,910 19,910 Professional 0 Other: Contingency 73,358 73,358 Other: 0 Ex ense Amount Total 0 0 0 0 0 317,888 0 317,888 _.- -o— Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0395 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD17 - RDA Project Area Number 1 Roadway Reconstruction Description The project will reconstruct roadways within the City's Redevelopment Agency's Project Area Number 1 in accordance with the future recommendations developed by the Pavement Management Plan (PMP). General Fund Infrastructure 0 Project Area 1 6,000,000 6,000,000 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 Category To Be Determined Total Administration 0 Engineering 600,000 600,000 Construction 4,095,000 4,095,000 Inspection 585,000 585,000 Professional 120,000 120,000 Other: Contingency 600,000 600,000 Other: 0 Expense Amount Total 0 0 0 0 0 6,000,000 0 6,000,000 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0396 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD18 - RDA Project Area Number 2 Roadway Reconstruction Description The project will reconstruct roadways within the City's Redevelopment Agency's Project Area Number 2 in accordance with the future recommendations developed by the Pavement Management Plan (PMP). 0............ A.........#. General Fund 0 Infrastructure 0 Project Area 1 4,000,000 4,000,000 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 RDA PA #2 Low/Mod _. 0 Category To Be Determined Total Administration 0 Engineering 400,000 400,000 Construction 2,730,000 2,730,000 Inspection 390,000 390,000 Professional 80,000 80,000 Other: Contingency 400,000 400,000 Other: 0 Ex enseAmount Total 0 0 0 0 0 4,000,000 0 4,000,000 Operatinq Costs Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0307 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD19 - Highway 111 Landscape Enhancements (Washington Street Intersection) Description The proposed improvements will enhance the public right of way at the intersection of Washington Street and Highway 111 in accordance with the recommendations presented within the Highway 111 Corridor Landscape Design Guidelines, dated January 20, 2011. IG111P11III S1 Infrastructure Project Area 1 Project Area 2 DIF - Transportation OF - Parks R Recreation DIF - Civic Center DIF - Library OF - Community Center OF - Maintenance Facility Other: To Be Determined 1,005,586 Category To Be Determined Total Administration 36,640 36,640 Engineering 73,280 73,280 Construction 732,800 732,800 Inspection 71,448 71,448 Professional 0 Other: Contingency 91,418 91,418 Other: 0 Expense Amount Tot2I 0 0 0 0 0 1,005,586 0 1,005,586 Category To Be Determined Total General Fund 4,150 4,150 Other: 0 Operating Cost Total 0 0 0 0 0 4,150 0 4,150 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 0398 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD20 - Highway 111 Landscape Enhancements (Adams Street Intersection) >escription 'he proposed improvements will enhance the public right of way at the intersection of Adams Street and Highway 111 i accordance with the recommendations presented within the Highway 111 Corridor Landscape Design Guidelines, dated Januar 0, 2011. Revenue Amounts Cateciory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 944,602 944,602 Other: 0 Revenue Amount Total 0 0 0 0 0 944,602 0 944,602 Category To Be Determined Total Administration 34,418 34,418 Engineering 68,836 68,836 Construction 688,360 688,360 Inspection 67,115 67,115 Professional 0 Other: Contingency 85,873 85,873 Other: 0 Expense Amount Total 0 0 0 0 0 944,602 0 944,602 Category To Be Determined Total General Fund Other: 3,500 3,500 0 Operating Cost Total 0 0 0 0 0 3,500 0 3,500 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 0399 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD21 - Highway 111 Landscape Enhancements (Dune Palms Road Intersection) Description The proposed improvements will enhance the public right of way at the intersection of Dune Palms Road and Highway 111 in accordance with the recommendations presented within the Highway 111 Corridor Landscape Design Guidelines, dated January 20, 2011. General Fund u Infrastructure 0 Project Area 1 0 Project Area 2 0 0 DIF - Transportation DIF - Parks & Recreation 0 DIF - Civic Center 0!, DIF - Library 0'' DIF - Community Center 0' DIF - Maintenance Facility 0 Other: To Be Determined 884,827 884,827 nrtior 0 Category To Be Determined Total Administration 32,240 32,240 Engineering 64,480 64,480 Construction 644,800 644,800 Inspection 62,868 62,868 Professional 0 Other: Contingency 80,439 80,439 Other: 0 Expense Amount Total 0 0 0 0 0 884,827 0 884,827 rinnrefinn Cne}e Category To Be Determined Total General Fund 3,300 3,300 Other: 0 Operating Cost Total - 0 0 0 0 0 3,300 0 3,300 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 0400 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD22 - Highway 111 Landscape Enhancements (Medians West City Limit to Adams Street) Description The proposed improvements will enhance the median island landscape, irrigation and low level lighting in accordance with the recommendations presented within the Highway 111 Corridor Landscape Design Guidelines, dated January 20, 2011. General Fund Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined 880,000 Category To Be Determined Total Administration 32,030 32,030 Engineering 64,062 64,062 Construction 640,618 640,618 Inspection 62,461 62,461 Professional 0 Other: Contingency 80,829 80,829 Other: 0 Expense Amount Total 0 0 0 0 0 880,000 0 880,000 Category To Be Determined Total General Fund 3,300 3,300 Other: 0 Operating Cost Total 0 0 0 0 0 3,300 0 3,300 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 0 " .J 1 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD23 - Highway 111 Landscape Enhancements (City Entrance Monuments and Landscape) Description The proposed improvements will enhance the city entrance monuments and adjoining landscape, irrigation and low level lighting in accordance with the recommendations presented within the Highway 111 Corridor Landscape Design Guidelines, dated January 20, 2011. General Fund Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined 1,689,000 Category To Be Determined Total Administration 63,581 63,581 Engineering 127,163 127,163 Construction 1,271,628 1,271,628 Inspection 123,984 123,984 Professional 0 Other: Contingency 102,644 102,644 Other: 0 Ex enseAmountTotal 0 0 0 0 0 1,689,000 0 1,689,000 nna,an n cn�rg Category To Be Determined Total General Fund 15,275 15,275 Other: 0 Operating Cost Total 0 0 0 0 0 15,275 0 15,276 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 04 ,? CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD24 - Highway 111 Landscape Enhancements and Auto Display Pads Description The proposed improvements will enhance the landscape, irrigation and low level lighting on the south Highway 111 parkway adjacent to the La Quinta Auto Park. The existing planting and lighting will be removed and replaced, existing irrigation system will be modified, new auto display bads will be installed, and new Auto Center ID signs will be installed. Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined 2,329,629 Category To Be Determined Total Administration 0 Engineering 169,767 169,767 Construction 1,697,670 1,697,670 Inspection 165,523 165,523 Professional 84,884 84,884 Other: Contingency 211,785 211,785 Other: 0 Expense Amount Total 0 0 0 0 0 2,329,629 0 2,329,629 rineratlnn Cnsts Category To Be Determined Total General Fund Other: Auto Dealers 13,425 0 13,425 Operating Cost Total 0 0 0 0 0 13,425 0 13,425 Additional Comments: Operating Costs are calculated at $0.25 per square foot. Printed: 3-Mar-11 0413 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Regional Improvement Project: AD25 - Jefferson Street Interchange Description The project will reconstruct the interchange on Jefferson Street at Interstate 10. The City of Indio is serving as the Lead Agency on behalf of CVAG, the County of Riverside and the City of La Quints. Revenue Amounts Unfunded Appropriation by Fiscal Year Category 2013/2014 2014/2015 Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 OF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 OF - Maintenance Facility 0 Other: TO BE DETERMINED 4,098,750 4,098,750 8,197,500 Other: 0 Revenue Amount Total 0 0 0 0 0 4,098,750 4,098,760 8,197,500 Exoense Amounts Cateclory 2013/2014 2014/2015 Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional - 0 Contingency 0 Other: CVAG Reimbursement 4,098,750 4,098,750 8,197,500 ,Expense Amount Total 0 01. 0 0 0 4,098,750 4,098,750 8,197,500 Operating Costs Category 2010/2011 201112012 2012/2013 2013/2014 2014/2015 Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project Status: Percent Complete The Jefferson Street Interchange Improvements are currently estimated to cost $77,886,000. CVAG has committed to funding 75% of this amount. The Cities of La Quints, Indio, and the County of Riverside are responsible for the remaining 25% (Local Share) currently estimated at $19,471,500. The 25% Local Share is distributed 0.50% to the County of Riverside, 57.4% to the City of Indio, and 42.1% to the City of La Quints based on an "area of benefit" calculation. The numbers presented are "worst case" and are likely to be reduced as the project gets closer to construction. „M <f Shading represents the current Fiscal Year.' Printed: 3-Mar-11 04A CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD26,- New Traffic Signal (Caleo Bay & Avenue 47) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Revemie Ammmis Infrastructure Project Area 1 Project Area 2 DIF - Transportation 430,000 DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined Other: Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Operating Costs Category To Be Determined Total General Fund Other: 15,000 15,000 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2005 DIF Update. Printed: 3-Mar-11 04'5 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD27 - New Traffic Signal (Washington Street @ Lake La Quinta Drive) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined Other: Developer Contribution 215,000 21 21 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Operating Costs Category To Be Determined Total General Fund Other: 15,000 15,000 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 04 6 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD28 - New Traffic Signal (Dune Palms Road @ Corporate Center Drive) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Ravan.,a Ammmts ect Area 1 ect Area 2 - Transportation - Parks & Recreation - Civic Center - Library - Community Center - Maintenance Facility >r: To Be Determined 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 nnaratinn Cnete Category To Be Determined Total General Fund 15,000 Other: 15,000 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0n J1 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD29 - New Traffic Signal (Eisenhower Drive @ Montezuma) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Fund Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined To Be Determined 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 ,Expense Amount Total 0 0 0 0 0 430,000 0 430,000 rinaratinn Cnets Category To Be Determined Total General Fund 15,000 15,000 Other: 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0438 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD30 - New Traffic Signal (Madison @ Avenue 50) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. R avn nua Cmmmts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 107,500 107,500 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: City of Indio 322,500 322,500 Other: 0 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total General Fund 3,750 3,750 Other: 0 Operating Cost Total 0 0 0 0 0 3,750 0 3,750 Additional Comments: The City of Indio owns three corners or 75% of the proposed signal. Project costs have been updated as presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 0 A t7 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD31- New Traffic Signal (Madison Street @ Avenue 52) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Amounts To 3eneralFund nfrastructure 'roject Area 1 project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: City of Indio 322,500 0 107,500 107,500 0 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 ,Expense Amount Total 0 0 0 0 0 430,000 0 430,000 O eratin Costs Category To Be Determined Total General Fund Other: 11,250 11,250 0 Operating Cost Total 0 0 0 0 0 11,250 0 11,250 Additional Comments: City of Indio owns one corner or 25% of the proposed signal. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-I1 0410 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD32- New Traffic Signal (Madison Street @ Avenue 54) Description Design and construct new traffic signal. Infrastructure `9 Project Area 1 OI Project Area 2 0 DIF - Transportation 430,000 430,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 OF - Community Center 0 OF - Maintenance Facility 0 Other: City of Indio 0 Other: ___ 0 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Costs ..r......- Category To Be Determined Total General Fund 15,000 15,000 Other: 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Printed: 4-Ntar-1 1 0411 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD33 - New Traffic Signal (Jefferson Street @ Avenue 54) Description --7 Prepare traffic signal warrant analysis, design and construct new traffic signal. e....,....... A......�..t Categoryy .. To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 430,000 430,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: County of Riverside 0 Other: 0 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 r—+. Category To Be Determined Total General Fund 15,000 15,000 Other: 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to refect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0412 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD34 - New Traffic Signal (Madison @ Avenue 58) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. To Be Fund ct Area 1 ct Area 2 Transportation Parks & Recreation Civic Center Library Community Center Maintenance Facility ': County of Riverside 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 ,Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Operating Costs Cateqory To Be Determined Total General Fund 15,000 15,000 Other: 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to refect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD35 - New Traffic Signal (Madison Street @ Avenue 60) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. act Area 1 ect Area 2 - Transportation - Parks & Recreation - Civic Center - Library - Community Center - Maintenance Facility :r: County of Riverside 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex ense Amount Total 0 0 0 0 0 430,000 0 430,000 f) ..r.finn rncfe Category To Be Determined Total General Fund 15,000 Other: 15,000 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to refect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0414 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD36 - New Traffic Signal (Monroe Street @ Avenue 52) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. General Fund Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: City of Indio 107,500 107 322,500 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex enseAmount Total 0 0 0 0 0 430,000 0 430,000 r-f. Category To Be Determined Total General Fund 3,750 3,750 Other: 0 Operating Cost Total 0 0 0 0 0 3,750 0 3,750 Additional Comments: City of Indio owns three corners or 75% of the proposed signal. Project costs have been updated to refect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0415 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD37 - New Traffic Signal (Monroe Street @ Avenue 54) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Kevenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 215,000 215,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0'' DIF - Community Center 0' DIF - Maintenance Facility 0 Other: County of Riverside 215,000 215,000 Other: 0 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 --I- -I-Category --I- Category To Be Determined Total General Fund 7,500 7,500 Other: 0 Operating Cost Total 0 0 0 0 0 7,500 0 7,500 Additional Comments: County of Riverside owns two corners or 50% of the proposed signal. Project costs have been updated to refect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0416 Printed: 3-Mar-11 0416 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD38 - New Traffic Signal (Monroe Street @ Airport Blvd.) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Total General Fund u Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 215,000 215,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: County of Riverside 215,000 215,000 Other: To Be Determined 0 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total General Fund 7,500 7,500 Other: 0 Operating Cost Total 0 0 0 0 0 7,500 0 7,500 Additional Comments: County of Riverside owns two corners or 50% of the proposed signal. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 0417 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD39- New Traffic Signal (Monroe Street @ Avenue 58) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: County of Riverside Other: To Be Determined 215,000 21 215,000 215,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex ense Amount Total 0 0 0 0 0 430,000 0 430,000 Ooeratina Costs Category To Be Determined Total General Fund 7,500 7,500 Other: 0 Operating Cost Total 0 0 0 0 0 7,500 0 7,500 Additional Comments: County of Riverside owns two corners or 50% of the proposed signal. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 ME CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD40 - New Traffic Signal (Monroe Street @ Avenue 60) Description Prepare traffic signal warrant analysis, design and construct new traffic signal. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 430,000 430,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: County of Riverside 0 Other: To Be Determined 0 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex ense Amount Total 0 0 0 0 0 430,000 0 430,000 Ooeratino Costs Category To Be Determined Total General Fund 15,000 Other: 15,000 0 Operating Cost Total 0 0 0 0 0 15,000 0 15,000 Additional Comments: Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-1 t 0419 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD41 - New Traffic Signal (Monroe Street @ Avenue 61) Description Prepare traffic signal warrant analysis, design and construct new traffic signal, !, Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 322,500 322,500 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: County of Riverside 107,500 107,500 Other: To Be Determined 0 Revenue AmountTotat 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 nnnrnfin rnS}S Category To Be Determined Total General Fund 11,250 11,250 Other: 0 Operating Cost Total 0 0 0 0 0 11,250 0 11,250 Additional Comments: County of Riverside owns one corner or 25% of the proposed signal. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 04"'0 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD42 - New Traffic Signal (Monroe Street @ Avenue 62) Description — Prepare traffic signal warrant analysis, design and construct new traffic signal. General Fund Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: County of Riverside 107,500 107 322,500 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex ense Amount Total 0 0 0 0 0 430,000 0 430,000 Costs Category To Be Determined Total General Fund 3,750 3,750 Other: 0 Operating Cost Total 0 0 0 0 0 3,750 0 3,750 Additional Comments: County of Riverside owns three corners or 75% of the proposed signal. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0421 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD43 - New Traffic Signal (Jefferson Street @ Dunbar) Description Prepare Signal Warrant Analysis, design and construct new traffic signal. Revenue Amounts Cateqory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 107,500 107,500 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 OF - Community Center 0 Other: County of Riverside 107,500 107,500 Other: City of Indio 107,500 107,500 Other. Develo erContribution 107,500 107,500 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Expense Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total General Fund 3,750 3,750 Other: 0 Operating Cost Total 0 0 0 0 0 3,750 0 3,750 Additional Comments: The project is shared with the City of Indio (25%) and the County of Riverside (25%). The remaining 25%will be contributed by the adjacent developer. Project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 04?_2 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD44 - New Traffic Signal (Washington Street at Via Sevilla) )escription 'repare Signal Warrant Analysis and construct traffic signal at intersection of Washington Street and Villa Sevilla. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 215,000 215,000 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: Indian Wells 215,000 215,000 Other: 0 Revenue Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total Administration 21,500 21,500 Engineering 43,000 43,000 Construction 321,425 321,425 Inspection 33,325 33,325 Professional 10,750 10,750 Other: 0 Other: 0 Ex ense Amount Total 0 0 0 0 0 430,000 0 430,000 Category To Be Determined Total General Fund 7,500 7,500 Other: 0 Operating Cost Total 0 0 0 0 0 7,500 0 7,500 Additional Comments: The project is shared with the City of Indian Wells (50%). Project costs have been updated as presented within the September 16, 2009 Transportation DIF update. Printed: 3-Mar-11 111 04A CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD45 - Traffic Signal Citywide Central Control Unit iescription )esign and install a Citywide Central Control Unit that will enable all City owned traffic signals to be controlled from the Civi ;enter. Revenue Amounts Cateclory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF- Transportation 394,130 394,130 DIF - Parks & Recreation 0 DIF - Civic Center 0 OF - Library 0 OF - Community Center 0 DIF - Maintenance Facility 0 Other:TBD 705,870 705,870 Other: 0 Re venue Amount Total 0 0 0 0 0 1,100,000 0 1,100,000 Category To Be Determined Total Administration 55,000 55,000 Engineering 110,000 110,000 Construction 935,000 935,000 Inspection 0 Professional 0 Other: 0 Other: 0 ,ExpenseAmountTotal 0 0 0 0 0 1,100,000 0 1,100,000 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Project costs were updated as presented within the September 16, 2008 DIF Update. Printed: 3-Mar-11 0421 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD46 - Sound Attenuation Wall (E. Madison at Trilogy) lescription )esign and construct sound attenuation wall. Revenue Amounts Catectory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 192,115 192,115 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 Other: 0 Revenue Amount Total 0 0 0 0 0 192,115 0 192,115 Category To Be Determined Total Administration 7,000 7,000 Engineering 14,000 14,000 Construction 140,000 140,000 Inspection 13,650 13,650 Professional 0 Other: Contingency 17,465 17,465 Other: 0 Expense Amount Total 0 0 0 0 0 192,115 0 192,115 v mcuu Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The costs have been updated as presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 04?5 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD47 - City Hall Solar Panels Description The proposed improvements include the installation of photo voltaic solar panels on the parking structures at the La Quinta City Hail. Amounts Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire 50,000 950,000 Contingency V Cl Gllll Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0426 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD48- Library/Senior Center Solar Panels Description The proposed improvements include the installation of photo voltaic solar panels on the parking structures at the La Quinta Library and Senior Center. Infrastructure 0 Project Area 1 1,000,000 1,000,000 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 OF - Library 0 DIF - Community Center 0 OF - Maintenance Facility 0 DIF - Fire 0 Other: To be Determined Category To Be Determined Total Administration 0 Engineering 50,000 50,000 Construction 950,000 950,000 Inspection 0 Professional 0 Other: Contingency 0 Other: 0 Expense Amount Total 0 0 0 0 0 1,000,000 0 1,000,000 V CIGLIII VV'Li Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0427 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD49 - Corporate Yard - Phases II and III lescription 'hase II of the Corporate Yard includes the construction of the Administrative Offices and Crew Spaces. Phase III includes th onstruction of Maintenance Shops and Departmental Storage Facilities. General Fund Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire Phase II Phase III 897,276 1,185,228 2 1,000,000 1 1,002,498 1,933,792 2, Category To Be Determined Total Phase II Phase III Administration 112,500 123,550 236,050 Engineering 59,711 59,711 Construction 2,250,000 2,471,000 4,721,000 Inspection 219,375 240,923 460,298 Professional 0 Other: Contingency 258,188 283,547 541,735 Other: 0 Expense Amount Total 0 0 0 0 2,899,774 3,119,020 0 6,018,794 V U1dL111 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The costs presented have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 04?8 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD50 - Community Center Descri tion Design and construct a new Community Center. mevenue Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire Other: Countv Fire Credit 1,137,155 1,137,1 1,862,845 Category To Be Determined Total Administration 93,142 93,142 Engineering 220,000 220,000 Construction 2,200,000 2,200,000 Inspection 214,500 214,500 Professional 55,000 55,000 Other: Contingency 217,358 217,358 Other: 0 Ex ense Amount Total 0 0 0 0 0 3,000,000 0 3,000,000 v eraua �.wra Cate o To Be Determined Total General Fund 75,000 75,000 Other: 0 Operating Cost Total 0 0 0 0 0 75,000 0 75,000 Additional Comments: The costs presented have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 04?9 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD51 - Southeast Area Fire Station Description Improvements include site acquisition, design and construction of new fire station in southeast area of La Quinta. To Be Determined Total Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire 2,198,500 2, 2.198.500 2, Category To Be Determined Total Administration 163,154 163,154 Engineering 326,308 326,308 Construction 3,263,080 3,263,080 Inspection 318,150 318,150 Professional 326,308 0 326,308 Other: Contingency 0 Other: ,Expense Amount Total 0 0 0 0 0 4,397,000 0 4,397,000 VPVFdU11Y wanes Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The project costs have been updated to reflect the costs presented within the September 16, 2008 DIF update. Printed: 3-Mar-11 0430 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD52 - Black Box Theater Description The proposed improvements include the construction of a 7,500 square foot City owned theater within the Village area. c111MIU . Infrastructure Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire Other: Countv of Riversid 3,000,000 3 Catego To Be Determined Total Administration 300,000 0 300,000 Engineering 2,047,500 2,047,500 Construction 292,500 292,500 Inspection 60,000 60,000 Professional 300,000 300,000 Other: Contingency 0 Other: !Expense Amount Total 0 0 0 0 0 3,000,000 0 3,000,000 upvrallny wsu To Be Determined Total Category 0 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Construction of the future theater facility is anticipated in the year 2020. Operating costs will be calculated when specific information is available. ' Printed: 3-Mar-11 - 0431 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD53 - SilverRock Resort Irrigation and Pump Station Replacement Description The project will reconstruct the irrigation system and pump station at the SilverRock Resort Golf Course. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 2,281,500 2,281,500 Project Area 2 0 DIF - Transportation 0 DIF - Parks 8 Recreation 0 DIF - Civic Center 0 DIF -Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 DIF - Fire 0 Other: Coun!y of Riverside 0 Revenue Amount Total 0 0 0 0 0 2,281,500 0 2,281,500 Category To Be Determined Total Administration 228,150 0 228,150 Engineering Construction 1,557,124 1,557,124 Inspection 222,446 222,446 Professional 45,630 45,630 Other: Contingency 228,150 228,150 Other: 0 Expense Amount Total 0 0 0 0 0 21281,500 0 2,281,500 V eraun wsu Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The useful life of the municipal golf course irrigation system and pump station is estimated at 35 to 30 years. This future improvement will be implemented at the time the existing facilities begin to fail due to age. Printed: 3-Mar-11 0-132 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD54 - Fritz Burns Pool Expansion Description The proposed improvements will expand and enhance the Fritz Burns Swimming Pool to include the addition of a wet play area, pool side slide, additional deck area, more efficient pool collers, new pool equipment, and new chemical storage area. Revenue Amounts Cateciory To Be Determined Total General Fund 0 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation DIF - Civic Center 0 DIF - Library 0 0 DIF - Community Center DIF - Maintenance Facility 0 DIF - Fire 0 Other: To Be Determined 1,090.785 1,090,785 Re venue Amount Total 0 0 0 0 0 1,090,785 0 11090T785 Category To Be Determined Total Administration 38,300 38,300 Engineering 77,600 77,600 Construction 766,000 766,000 Inspection 74,685 74,685 Professional 35,000 35,000 Other: Contingency 99,200 99,200 Other: 0 Ex enseAmountTotal 0 0 0 0 0 1,090,785 0 1,090,785 VPeFdL1919 a.uow Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0433 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Park Improvements Project: AD55 - New Community Sports Park )ascription — -repare the plans, specifications and engineer's estimate (PS&E) and construct a 40 acre Community Park as defined within the Cit 3eneral Plan. Category^ To Be Determined Total General Fund 385,376 0 385,376 Quimby Project Area 1 12,484,087 12,484,087 Project Area 2 0 DIF - Transportation 7,130,537 0 7,130,537 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF -Library 0 DIF - Community Center DIF - Maintenance Facility 0 0 Other: To Be Determined Expense Amounts Category To Be Determined Total Administration 750,000 0 750,000 Engineering 16,725,000 16,725,000 Construction 400,000 400,000 Inspection 125,000 125,000 Professional 2,000,000 2,000,000 Other Contingency 0 Other: Ex ense Amount Total 0 0 0 0 0 20,000,000 0 20000,000 uperaung i usis Category To Be Determined Total General Fund 100,000 100,000 0 Other: Operating Cost Total 0 0 0 0 0 100,000 0 100,000 Additional Comments: Printed: 3-Mar-11 0434 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Park Improvements Project: AD56 - SilverRock Resort Passive Park Description Prepare the plans, specifications and engineer's estimate (PS&E) and construct a 40 acre passive park at the SilverRock Resort. The park will be located at the southwest corner of Jefferson Street and Avenue 52. Revenue Amounts Cate o TiB=DeterminedTotalll General Fund Quimby Project Area 1 Project Area 2 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To Be Determined 0 Other: 0 Revenue Amount Total 0 0 0 0 0 10,000,000 0 10,000,000 Expense Amounts Category To Be Determined Total Administration 750,000 0 750,000 Engineering 7,725,000 7,725,000 Construction 400,000 400,000 Inspection Professional 125,000 125,000 Other: Contingency 1,000,000 1,000,000 Other: Expense Amount Total 0 0 0 0 0 10,000,000 0 0 10,000,000 v Braun �.wu Cate o To Be Determined Total General Fund 75,000 75,000 0 Other: Operating Cost Total 0 0 0 0 0 75,000 0 75,000 Additional Comments: Printed: 3-Mar-11 043 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Public Facility Project: AD57 - Sports Complex Field and Lighting Improvements Description IThe proposed improvements include upgraded baseball/softball fields, multi -purpose fields and upgraded field lighting. The current field lighting was installed in 1987. Lifetime operation of lighting is estimated at 25 years. Proper maintenance of the lighting equipment may extend this time frame. There is a total of 23 poles and 102 fixtures at the Sports Complex. The reinstallation will upgrade the existing system with a Green product. Fund Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility DIF - Fire Category To Be Determined Total Administration 644,000 0 644,000 Engineering 4,395,300 4,395,300 Construction 627,900 627,900 Inspection Professional 128,800 128,800 Other: Contingency 644,000 644,000 Other: 0 Ex enseAmountTotal 0 0 0 0 0 6,440,000 0 6,440,000 v eraun wsw Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: The future upgrade of the field lighting may result in cost savings as a result of the installation of a more energy efficient system. Operating costs will be calculated when project specific information is available. Printed: 3-Mar-11 0406 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD58 - 5 Bus Shelters Description Construction of 5 non -advertising bus shelters on Highway 111. Project Area 1 Project Area 2 625,000 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To Be Determined 625,000 0 0 0 Category To Be Determined Total 0 Administration Engineering 62,500 62,500 Construction 420,313 420,313 Inspection 60,938 60,938 Professional 18,750 18,750 Other: Contingency 62,500 62,500 0 Other: Expense Amount Total 0 0 0 0 0 625,000 0 625,000 uperauriq wsu To Be Determined Total Category 2,500 2,500 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 2,500 0 2,500 Additional Comments: Printed: 3-Mar-11 0437 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Miscellaneous Improvement Project: AD59 - Village Area Electric Vehicle Charging Station Description The proposed improvements include the installation of 5 electric vehicle charging stations within the Village parking lot. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 205,838 205,838 Project Areal 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center DIF - Maintenance Facility 0 Other: To Be Determined 0 0 Other: Revenue Amount Total 0 0 0 0 0 205,838 0 205,838 Category To Be Determined Total 0 Administration 15,000 15,000 Engineering Construction 150,000 150,000 Inspection 14,625 14,625 Professional 7,500 7,500 Other: Contingency 18,713 18,713 0 Other: Ex enseAmountTotal 0 0 0 0 0 205,838 0 205,838 uperaung posts Category To Be Determined Total 0 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 0438 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Street Improvement Project: AD60 - Phase I (Part 2) Golf Cart Routes Description ,The proposed improvements include the installation Golf Cart travel lanes on various streets within the City. mevenue Fund Project Area 1 Project Area 2 DIF - Transportation DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: To be determined 680,738 680, Category To Be Determined Total Administration 0 Engineering 50,519 50,519 Construction 505,186 505,186 Inspection 49,256 49,256 Professional 25,259 25,259 Other: Contingency 50,519 50,510 0 Other: Ex ense Amount Total 0 0 0 0 0 680,738 0 680,738 uperaung moss Category To Be Determined Total 0 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Printed: 3-Mar-11 014319 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Miscellaneous Improvement Project: AD61 - Whitewater Channel Regional Bike Trial Description Cooperate with the Coachella Valley Association of Governments (CVAG) and adjacent Cities to develop a Regional Bike Trail on the south side of the Whitewater River the length of the City's east/west boundaries. Project Area 1 0 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center DIF - Library 0 0 DIF - Community Center 0 DIF - Maintenance Facility 2,000,000 2,000,000 Other: To be determined 0 Category To Be Determined Total Administration 74,212 74,212 Engineering 148,423 148,423 Construction 1,484,230 1,484,230 Inspection 144,712 144,712 Professional 0 Other: Contingency 148,423 148,423 0 Other: 0 2,000,00 Ex ense Amount Total 0 0 0 0 0 2,000,000 0 v erann �oscs To Be Determined Total Category 0 General Fund 0 Other: 0 0 0 0 0 0 Operating Cost Total 0 0 Additional Comments: Printed: 3-Mar-11 0410 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Miscellaneous Improvement Project: AD62 - Calle Estado/La Fonda Mid Block Crossing Description The proposed improvements will install a mid -block pedestrian crossing between Calls Estado and La Fonda. Improvements include decorative interlocking peers, landscape and irrigation, and site furnishings. Project Area 1 115,271 115,271 Project Area 2 0 DIF - Transportation 0 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility Other: To be determined 0 Category To Be Determined Total Administration o Engineering 8,537 8,537 Construction 85,370 85,370 Inspection 6,616 6,616 Professional 0 Other: Contingency 14,748 14,748 Other: 0 Ex ense Amount Total 0 0 0 0 0 115,271 0 115,271 upurduny wsrs To Be Determined Total Category 0 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: This project was originally programmed to receive funding during Fiscal Year 2007/2008. The project was removed from the capital budget in Fiscal Year 2009/2010 due to unresolvable right of way issues. Printed: 3-Mar-11 0441 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Miscellaneous Improvement Project: AD63 - Village Area Parking Structure Description ----7 The proposed improvement will install a 300 space parking structure within the Village area. Revenue Amounts Category To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 7,500,000 7,500,000 Project Area 2 0 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: To be determined 0 Other: 0 Revenue Amount Total 0 0 0 0 0 7,500,000 0 7,500,000 Category To Be Determined Total Administration 750,000 0 750,000 Engineering 5,043,750 5,043,750 Construction 731,250 731,250 Inspection 225,000 225,000 Professional 750,000 750,000 Other: Contingency 0 Other: Expense Amount Total 0 0 0 0 0 7,500,000 0 7,500,000 UpurdU114 wasa Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Operating costs are unknown at this time. Printed: 3-Mar-11 OW CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRA1 - Toll Brothers Tract 30357 Description Installation of 112 median island and median landscape on Avenue 50 from Jefferson Street to Madison Street. Revenue Amounts To Be Determined Total Cateqory 0 General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 627,972 627,972 DIF - Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF'- Library 0 DIF - Community Center 0 DIF - Maintenance Facility Other: 0 Other: Revenue Amount Total 0 0 0 0 0 0 627,972 0 627,972 Exioense Amounts Category To Be Determined Total 0 Administration Engineering 0 0 Construction 0 Inspection Professional 0 Other: Developer Reimbursement 627,972 627,972 Other: 0 Expense Amount Total 0 0 0 0 0 627,972 0 627,972 eraun .oars Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD11. Printed: 3-Mar-11 An, CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRA2 - Lennar Homes Tract 29323 Description Median Landscape on Fred Waring Drive. Revenue Amounts To Be Determined Total Category 0 General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 586,670 586,670 DIF- Transportation 0 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: Revenue Amount Total 0 0 0 0 0 586,670 0 586,670 Expense Amounts Cateaory To Be Determined Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other: Developer Reimbursement 586,670 586,670 Other: 0 Expense Amount Total 0 0 0 0 0 586,670 0 586,670 eraan uosrs ly Cate o To Be Determined Total 0 General Fund 0 Other: Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD04. Printed: 3-Mar-11 0444 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRA3 - Inovative Communities Tract 34243 Description Avenue 58 Street Improvements. Revenue Amounts Cateuory To Be Determined Total General Fund 0 0 Infrastructure 0 Project Area 1 0 Project Area 2 130,800 130,800 DIF - Transportation 0 DIF - Parks 8 Recreation 0 DIF - Civic Center 0 DIF -Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: Revenue Amount Total 0 0 0 0 0 130,800 0 130,800 Ex ense Amounts Cate o To Be Determined Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other: Developer Reimbursement 130,800 130,800 Other: 0 Expense Amount Total 0 0 0 0 0 130,800 0 130,800 v erdun �Vbtw Cate o To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD13. Printed: 3-Mar-11 0 ,,1 P 5 CITY OF LA OUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRA4 - Madison Club Tract 33076 Description 1/2 Street Improvement, Median Island and Median Island Landscape on Avenue 52 from Madison Street to 112 Mile east of Madison Street. General Fund Infrastructure Project Area 1 Project Area 2 DIF - Transportation OF - Parks & Recreation OF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility 669,920 669, Inspection Professional 0 Other: Developer Reimbursement 669,920 669,920 eraun �ww Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD12. Printed: 3-Mar-11 0446 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRA5 - ND La Quinta Partners Tract 29894 Description Median Landscape on Avenue 52. Project Area 1 Project Area 2 DIF - Transportation 1,344,690 DIF - Parks & Recreation DIF - Civic Center DIF - Library DIF - Community Center DIF - Maintenance Facility Other: Other: Expense Amounts Cateqory To Be Determined Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other: Developer Reimbursement 1,344,690 1,344,690 Other: 0 Expense Amount Total 0 0 0 0 0 1,344,690 0 1,344,690 uperaunq wxa Cateqory To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD12. Printed: 3-Mar-11 0441 CITY OF LA QUINTA: CAPITAL IMPROVEMENT PROGRAM DETAIL Project Type: Developer Impact Fee Reimbursement Project: DRAG - TD Desert Development Tract 29283 Description Median Landscape on Avenue 50. Revenue Amounts Cateqory To Be Determined Total General Fund 0 Infrastructure 0 Project Area 1 0 Project Area 2 0 DIF - Transportation 186,900 186,900 DIF - Parks & Recreation 0 DIF - Civic Center 0 DIF - Library 0 DIF - Community Center 0 DIF - Maintenance Facility 0 Other: 0 Other: 0 Re venue Amount Total 0 0 0 0 0 186,900 0 186,900 Expense Amounts Cate o To Be Determined Total Administration 0 Engineering 0 Construction 0 Inspection 0 Professional 0 Other: Developer Reimbursement 186,900 186,900 Other: 0 Expense Amount Total 0 0 0 0 0 186,900 0 186,900 Category To Be Determined Total General Fund 0 Other: 0 Operating Cost Total 0 0 0 0 0 0 0 0 Additional Comments: Improvements included within the Developer Agreement were previously part of AD11. Printed: 3-Mar-11 0443 THE ATTACHED DOCUMENT WAS HANDED OUT TO COUNCIL DURING THE MARCH 15, 2011 MEETING. RE: AGENDA ITEM - STUDY SESSION #1 FROM: VICTOR VILLENEUVE 79-805 AMALFI DRIVE LA QUINTA 0449 SS 1 3115111 Traffic Volume Counts for: N/S Jefferson Street E/W Esplanade Del Oro/ Dunbar Drive In the City of La Quinta Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951)268-6268 0450 Signal Warrants - Summary Major Street Approaches Northbound: Jefferson Street Number of Lanes: 2 Approach Speed:65 Total Approach Volume: 11,912 Southbound: Jefferson Street Number of Lanes: 2 Approach Speed:55 Total Approach Volume: 13,063 Counts Unlimited, Inc 951-268-6268 Minor Street Approaches Eastbound: Dunbar Drive Number of Lanes: 1 Total Approach Volume: 807 Westbound: Esplanade del Oro Number of Lanes: 1 Total Approach Volume: 190 WarrantSummary (Rural values apply.) Warrant 1 - Eight Hour Vehicular Volumes............................................................................................ Not Sc2'32cd Warrant 1A - Minimum Vehicular Volume........................................................................................Rot Satisfled Required volumes reached for 0 hours, 8 are needed Warrant 1 B - Interruption of Continuous Traffic.............................................................................Rot Satisfied Required volumes reached for 4 hours, 8 are needed Warrant 1 A&B - Combination of Warrants .......... .................................................................... ..... -Not satisfied Required volumes reached for 1 hours, 8 are needed Warrant2 - Four Hour Volumes.............................................................................................................. Mot S as Number of hours (3) volumes exceed minimum < minimum required (4). Warrant3 - Peak Hour............................................................................................................................. Satisfied Warrant3A - Peak Hour Delay ....................................... .............................................................. ...... Not Satisfied Total approach volumes and delays on minor street do not exceed minimums for any hour. Warrant 3B - Peak Hour Volumes.....................................................................................................Satisfied Volumes exceed minimums for at least one hour. Warrant 4 - Pedestrian Volumes Mot Sst cl ad ............................................................................................................. Required 4 Hr pedestrian volume reached for 0 hour(s) and the single hour volume for 0 hour(s) Warrant5 - School Crossing................................................................................................................... i<ot set?o'icd Number of gaps > .0 seconds (0) exceeds the number of minutes in the crossing period (0). Warrant 6 - Coordinated Signal System................................................................................................. Mot Sett T d No adjacent coordinated signals are present Warrant 7 - Crash Experience ........................................... Not Sr2iZllod ...................................................................... Number of accidents (0) is less than minimum (5). Volume minimums are met. Warrant8 - Roadway Network................................................................................................................ Rot ScEi c� Major Route conditions not met. One or more volume requirement met. 0451 Counts Unlimited, Inc PO Box 1178 Corona, CA 92878 Page 1 City of La Quinta / Indio (951) 268-6268 INDJEESNS N/S: Jefferson Street Site Code: 999-11051 ENV: Esplanade del Oro / Dunbar Drive Date Start: 09-Mar-11 24 Hour Enterinq Volume Count ___ — _ Date End: 09-Mar-11 Start 09-Mar- Eastbound Hour Totals Westbound Hour Totals Combined Totals n w.....--- nA....a.... Aeer......n RAnrninn Aecmnnn Wlnrninn Aeamnnn 12:00 13 136 20 212 12:15 11 193 25 204 12:30 12 186 19 181 12:45 7 162 43 676 11 175 75 772 118 1448 01:00 6 161 13 202 01:15 4 202 7 227 01:30 5 185 7 224 01:45 12 186 27 734 9 201 36 854 63 1588 02:00 2 187 5 249 02:15 6 230 15 240 02:30 6 242 5 237 02:45 0 202 14 861 6 272 31 998 45 1859 03:00 5 257 8 288 03:15 14 218 7 265 03:30 12 260 10 253 03:45 12 242 43 977 11 284 - 36 1090 79 2067 0400 6 200 7 284 04:15 20 193 9 275 04:30 31 238 10 271 04:45 24 221 81 852 18 271 44 1101 125 1953 05:00 35 199 21 314 05:15 39 203 21 348 05:30 67 215 35 272 05:45 70 207 211 824 53 215 130 1149 341 1973 06:00 83 156 55 217 06:15 114 163 67 183 06:30 173 162 115 171 06:45 204 119 574 600 176 168 413 739 987 1339 07:00 206 120 231 136 07:15 292 100 256 118 07:30 301 95 230 89 07:45 308 116 1107 431 211 125 928 468 2035 899 08:00 214 75 205 112 08:15 245 79 193 101 08:30 182 100 200 108 08:45 197 69 838 323 230 104 828 425 1666 748 09:00 168 76 178 83 09:15 169 69 163 90 09:30 186 63 166 89 09:45 182 69 705 277 188 78 695 340 1400 617 10:00 185 35 179 62 10:15 192 45 192 52 10:30 196 35 179 58 10:45 191 20 764 135 202 41 752 213 1516 348 11:00 168 27 182 44 11:15 188 20 224 37 11:30 184 12 198 29 11:45 203 13 743 72 _ 201 31 .__ 805 141 1548 213 Total 5150 6762 5150 erb2 4//3 acau �115 o�=� ���� •�--• Combined 11912 11912 13063 13063 24975 Total AM Peak 07:15 07:00 Vol. 1115 928 P.H.F. 0.905 0.906 PM Peak 03:00 04:45 Vol. 977 1205 P.H.F. 0.939 0.866 Percentag 43.2% 56.8% 36.5% 63.5% ADT/AAD ADT 24,975 AADT 24,975 T Counts Unlimited, Inc PO Box 1178 Corona, CA 92878 Page 1 City of La Quinta I Indio (951) 268-6268 INDJEESEW NIS: Jefferson Street Site Code: 999-11051 EIW: Esplanade del Oro I Dunbar Drive Date Start: 09-Mar-11 24 Hour Entering Volume Count _., __. Date End: 09-Mar-11 Start 09-Mar- Eastbound Hour Totals Westbound Hour Totals Combined Totals 11 W-A •A—;— neer..,.— Unrninn ANnrnnnn Mnrninn Afternnnn Mnmina A@emaan Momino Afternoon 12:00 1 15 0 2 12,15 1 13 0 0 1230 0 9 0 4 12:45 1 11 3 48 0 3 0 9 3 57 01:00 1 14 0 3 01:15 0 8 0 2 01:30 0 8 0 3 01:45 0 13 1 43 0 6 0 14 1 57 02:00 0 8 0 0 02:15 0 8 0 2 02:30 0 15 0 1 02:45 0 16 0 47 0 4 0 7 0 54 03:00 2 15 0 5 03:15 0 18 0 3 03:30 0 17 0 4 03:45 0 16 2 66 0 1 0 13 2 79 04:00 3 11 0 0 04:15 2 15 0 1 04:30 3 14 0 4 0445 4 10 12 50 0 3 0 8 12 58 05:00 2 8 0 9 05:15 7 24 0 5 05:30 8 8 3 5 05:45 3 13 20 53 1 4 4 23 24 76 06:00 4 8 0 4 06:15 9 13 1 2 06:30 19 6 3 3 06:45 10 10 42 37 2 0 6 9 48 46 07:00 32 10 4 2 07:15 20 6 4 1 07:30 32 8 8 3 07:45 19 4 103 28 3 0 19 6 122 34 08:00 20 6 6 0 08:15 26 5 5 0 08:30 11 6 5 0 08:45 17 8 74 25 6 0 22 0 96 25 09:00 12 5 5 0 09:15 12 2 1 0 09:30 18 9 3 0 09:45 9 5 51 21 3 1 12 1 63 22 10:00 10 2 1 0 1015 15 2 5 0 10:30 8 6 2 0 39 6 2 3 0 0 11 0 50 6 10:45 1100 10 0 8 0 11:15 9 2 7 0 11:30 5 1 4 6 5 0 0 26 0 58 4 11:45 8 1 32 ._ Total 379 428 319 4ZO tuu nu �� �� --•- - - Combined 8D7 807 190 190 997 Total AM Peak 07:00 11:00 Vol. 103 26 P.H.F. 0.805 0.813 PM Peak 02:45 05:00 Vol. 66 23 P.H.F. 0.917 0.639 Percentag 47.0% 53.0% 52.6% 47.4% ADT/AAD ADT 997 AADT 997 T 0453 Signal !Warrants - Summary 700 x > 600 t U 0 a 500 a a E 400 0 t 300 _rn x d 200 rn °c 100 0 200 Counts Unlimited, Inc 951-268-6268 Warrant Curves Peak Hour Warrant Four Hour Warrant (Rural, 2+ major lanes and 1 minor lane curves used 7 ?a I21 '$ 8 01 1 1I I'1 400 600 800 1000 1200 1400 1600 1800 Major Street - Total of Both Directions (VPH) Analvsis of 8-Hour Volume Warrants: Hour Begin Major Total Higher Minor Vol Dir Major Crit War-1A Minor Crit Meets? Major Crit War-18; Minor Crit Meets? Major Crit War-tABB Minor Crit Meets? 00:00 118 3 EB 420-No 10"0 — 630-No 53-No — 504-No 84-No — 01:00 63 1 EB 420-No 106-No — 630-No 53-No — 504-No 84-No — 02:00 45 0 EB 420-No 105-No — 630-No 53-No — 504-No 84-No — 03:00 79 2 EB 420-No 105-No — 630-No 53-No — 504-No 84-No — 04:00 125 12 EB 420-No 105-No — 630-No 53-No — 504-No 84-No — 05:00 341 20 EB 420-No 105-No — 630-No 53-No — 504-No 84-No — 06:00 987 42 EB 420-Yes 105-No Major 630-Yes_ 53-No Major 504-Yes 84-No Major 07:00 2,035 103 EB 420-Yes 105-No Major 630-Yes 53-Yes Both 504-Yes 84-Yes Both 08:00 1,666 74 EB 420-Yes 105-No Major 630-Yes. _ _53-Yes _ Both 504-Yes 84-No Major 09:00 1,400 51 EB 420-Yes 105-No Major 630-Yes. 53-No Major 504-Yes 94-No Major 10:00 1,516 39 EB 420-Yes 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 11:00 1,548 32 EB 420-Yes 105-No Major 630-Yes ! 53-No Major 504-Yes 84-No Major 12:00 1,448 48 EB 420-Yes 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 13:00 1,588 43 EB 420-Yes 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 14:00 1,859 47 EB 420-Yes 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 15:00 2,067 66 EB 420-Yes 105-No Major 630-Yes 53-Yes_ _Both 504-Yes 84-No Major 16:00 1,953 5o EB 420-Yes 105-No Major 630-Yes 53-No 504-Yes 84-No Major 17:00 1,973 53 EB 420-Yes 105-No Major 630-Yes . 53-Yes _Major Both 504-Yes 84-No Major 18:00 1,339 37 EB 420-Yes - 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 19:00 899 28 EB 420-Yes 105-No Major 630-Yes 53-No Major 504-Yes 84-No Major 20:00 748 25 EB 420-Yes 105-No Major 630-Yes.: 53-No Major 504-Yes 84-No Major 21:00 617 21 EB 420-Yes 105-No Major 630-No 53-No — 504-Yes 84-No Major 22:00 348 6 EB _ 420-No 105-No — 630-No 53-No -- 504-No 84-No — 23:00 213 4 EB 420-No 105-No — 630-No 53-No — 504-No 84-No — 0454 FN OF Tt� ow COUNCIL/RDA MEETING DATE: March 15, 2011 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Discussion of the Draft 201 1-2012 Economic Development Plan CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Review the 2011-2012 Draft Economic Development Plan and provide direction regarding the guiding policies, recommended key goals and action items, and overall direction of the City's economic development efforts. FISCAL IMPLICATIONS: None. Funding for the 201 1-2012 key goals and action items will be included within the Fiscal Year 201 1-2012 Budget. CHARTER CITY IMPLICATIONS: The City Charter and its principles of "home rule" allow the City sufficient flexibility to undertake economic development activities. The Charter allows the City "to utilize revenues from the General Fund to encourage, support, and promote economic development." BACKGROUND AND OVERVIEW: The City of La Quinta is in the sixteenth year of a proactive economic development implementation effort. In June 1995, the City Council directed staff to initiate an economic development strategic planning process that concluded in May 1996 with the adoption of the first Economic Development Plan. Thereafter, the plan has been reviewed and updated on an annual basis. 0-455 Because of the State's proposal to end redevelopment in California and the adverse effect it may have on the City, staff is taking a conservative approach to the 201 1- 2012 Economic Development Plan. Rather than proposing new initiatives, staff is recommending continuing with the activities that have proven successful. In an effort to support both new and existing businesses that are looking to thrive in La Quinta, a goal of the Economic Development Plan is to attract more people to the City and, particularly, the La Quinta Village. The City has committed to supporting and promoting special events in La Quinta, especially those occurring year round. Recognizing that La Quinta businesses enjoy the benefits of more foot traffic, the City promoted and/or sponsored the following key events: Bob Hope Classic, Chamber car show, Concours d'Elegance, La Quinta Arts Festival, Taste of La Quinta, Blues and Brews, Christmas Tree Lighting Ceremony, Art Under the Umbrellas, Certified Farmers Market, and a series of Movies on the Lawn at Old Town La Quinta. To further assist businesses and reach out on a more individual level, the City proposes continuing the La Quinta Cooperative Marketing Program. For example, the City has partnered with Old Town La Quinta, Embassy Suites, Las Casuelas Quinta on print ads; completed a successful television campaign with the three local auto dealers; and placed a billboard along the 110 freeway in partnership with the Embassy Suites and Las Casuelas Quinta. The Coachella Valley Economic Partnership recently completed a valley -wide business survey, in cooperation with all valley cities and the County, to identify challenges, needs, concerns, and future plans of local businesses. One hundred seventeen La Quinta-based businesses participated in the survey. The majority of businesses cited the current economy and seasonal population as major challenges. The majority reported that quality of life, growth potential and public safety as advantages to doing business here. In spite of the economy, 92% of respondents noted they would not lay off employees in the next 12 months. A copy of the survey is included as Exhibit B to the Policy Document. As the City continues to support local businesses, its commitment to workforce housing will continue. A Disposition and Development Agreement ("DDA") was completed with Coral Mountain, LLC (Shovlin Companies) for the development of a 176-unit multi -family complex near Highway 111 and Dune Palms Road. The Redevelopment Agency Board selected a developer for a multi -family development at Dune Palms Road and Westward Ho — staff is currently negotiating a DDA. Development plans are underway for the rehabilitation of the Washington Street Apartments and the addition of 26 units on the site, which is located on Washington and Hidden River Road. Staff is also completing conceptual plans for the vacant parcel adjacent to the Washington Street Apartment complex. 0456 The City has also been successful with retaining auto dealers. Garff Chevrolet recently completed its move and expansion of its Chevrolet dealer, along with the addition of Cadillac sales, which is still being constructed. Staff is also working with Torre Nissan and Hyundai of La Quinta on possible renovation and expansion of the dealership. The items highlighted above represent only a few of the economic development efforts the City and its many partners have been able to accomplish this fiscal year. A more detailed list of accomplishments can be found in the Draft 201 1-2012 Economic Development Policy Document (a full explanation follows regarding the economic development documents for Fiscal Year 2010-201 1). As in previous years, the Economic Development Plan is comprised of two documents. The first document is the Economic Development Implementation Plan, which includes a community profile, guiding policies, key goals and action items, and the goals adopted by the City Council in the Annual Financial Management Review. The second document is a larger, more comprehensive Economic Development "Policy" Document. Once adopted, these two documents will become the City's Economic Development Plan, and will be one of various components that comprise the City's overall strategic planning effort. The other strategic planning components include: Annual Financial Management Review, Five -Year Capital Improvement Program, Annual Marketing Plan, Five -Year Resource Allocation Plan, and Annual City/Agency Budget. After today's study session, staff will incorporate Council's changes and suggestions to both the Economic Development Implementation Plan and the Economic Development Plan Policy documents. Staff will also incorporate any new data it receives from demographic reports as well as finalize formatting and graphic design work. A final 201 1-2012 Economic Development Plan will be brought back for Council adoption on April 19, 2011. Respectfully submitted, Douglas R. vans Assistant City Manager —Development Services Approved for submission by: Thomas P. Genovese, City Manager 0457 Attachments: 1. Draft 2011-2012 Economic Development Implementation Plan 2. Draft 2011-2012 Economic Development Policy Document 0453 ATTACHMENTS 1 & 2 TO DISCUSSION OF THE DRAFT 2011 - 2012 ECONOMIC DEVELOPMENT PLAN �m 5l ATTACHMENT CITY OF LA QUINTA 2010 20112011-2012 Economic Development Implementation Plan The City of La Quinta is embarking on its Afteenthsixteenth year of economic development initiatives, which are derived from the annual Economic Development Plan ("ED Plan"). This Economic Development Implementation Plan offers an implementation strategy to fulfill the key goals and actions of the ED Plan, and outlines the steps being taken to ensure the economic vitality of the City of La Quinta. The ED Plan's comprehensive policy document, first adopted in 1996, is attached for reference and details the City's vision and direction for its economic development activities. The larger policy document also provides more detail on the City's rationale for an economic development plan; lists ED Plan participants; outlines La Quinta's resources, opportunities, liabilities, and needs; lays out a business plan and mission statement; and summarizes accomplishments for FY 2009 20102010-2011. ThisThe purpose of the first section of the ED Plan titled Economic Development Implementation Plan, hag been FpfGrFnAttpd from last Pff^^is is to achieve a greater understanding of the specific initiatives the City is undertaking to support and stimulate economic development in La Quinta. This document contains the following sections: 1) La Quinta Community Profile; 2) Economic Development Guiding Policies; 3) Key Goals & Action Items; and 4) Top Priorities of Annual Financial Management Review. LA QUINTA COMMUNITY PROFILE To better understand La Quinta's economic development initiatives, it is important to be familiar with the community's profile — the "facts and figures" that would lead potential retailers, restaurants, hotels, and businesses to locate here: • Population as of January 1, 200910 - 43;78"4,421 Formatted: Font. Bold • Population projections: 2015 - 51,000; 2020 - 55,300; 2025 - 58,100 • Seasonal population in 2010 — 17,750 • Median age is 36.4 • Median household income is $74638 74 736 • Total number of households in La Quinta in 2OW2010 - 45;29315 365 • Total estimated number of housing units in 2009-2010 - 21,70021491 (a-9,, 19.309 SFD - 8"- 90%) ,Median new and resale home price in February- 2010 - $3404090 284 000 (up-64% from February 2009) • Retail sales in 2008FY 2009110 reached $644443 569 609 million • Total taxable sales in 2008FY 2009/10 were $734,834 62$ 1,295 million • La Quinta has an assessed valuation of $11.8 billion (FY 2009) 0460 • Permit valuation: $45.9 million - 2010; $44.6 million - 2009i $140.7 million-- • Home to the nationally -acclaimed Arnold Palmer Classic Course at SilverRock Resort • Home to renown special events including the Bob Hope Classic, La Quinta Arts Festival, and Desert Classic Concours d'Elegance 2009 total hotel room sales for the City of La Quinta amounted to $35.3 million • 2009-2010 traffic counts (2-way, average daily trips): Washington Street @ Highway 111 - 7-2;17466,742; Washington Street @ Fred Waring Drive - 62—,=70,030; Highway 111 @ Adams Street -42;26644y; Jefferson Street @ Highway 111 - N-,=6�149 • Characteristics of La Quinta's 5, 10, and 15 mile market area from Highway 111/ Adams Street 2089-2010 estimates: 5 Mile 10 Mile 15 Mile Population 84;303178.952 286,871-280 610 366§18360.531 Households 62,97561.385 98;94-497 020 Q4,943123,972 Median. Age 33-.535.2 34-633_72 3"36_54 Avg HH Income $84-796 84 444 $84;499 82 858 $80;777 80 167 ECONOMIC DEVELOPMENT GUIDING POLICIES The City of La Quinta's guiding policies for economic development are spelled out below, and remain generally the same as in previous years. However, have been sernbinerl and ether: have been rewritten to express - more glob l n eGtiv as well as Fl 4 conditions, needs,d prieFite as experienGed ient t mos. 0461 Policy #2 Diverse Economic Base Encourage the development of commercial, office, theater, and light industrial uses within the City (in particular, Highway 1 I I and Washingo Street corridors) to diversify the community's economic base. Policy #4 Hotel Development Support expansion of and additional resoafhospitality development and improve competitiveness in the marketplace; and support future ievelopment programs for the boutigr Policy #1 La Quints Businesses Promote and support existing La Quint businesses through a variety of economi development efforts, advertising partnerships, marketing programs, business outreach, and special events. 291&29142011-2012 ECONOMIC DEVELOPM PLAN GUIDING POLICIES Policy #6 Recreation and Culture Provide recreational and cultural opportunities, and promote La Quint quality of life amenities to encoural growth, development, and tourism — s which su000rt the local economv. Policy #3 La Quints Village Explore strategies to attract more residents and visitors to the La Quinta Village (downtown area) to support t1v existing businesses located a distance from the main commercial corridoo Policy #5 Affordable Housing Develop affordable housing to e housing opportunities exist to so current businesses and future bin expansion efforts. Policy #7 Green and Sustainable Promote and support Green and Sustainable La Quints program for conservation and cost savings purposes La Quints businesses, its residents, and KEY GOALS & ACTION ITEMS The following key goals have been identified as top priorities for supporting and stimulating economic development in the City of La Quinta. Each key goal is accompanied by specific actions that will be undertaken in the near future and in years to come. Action items are broken into Immediate Actions (15r year, or FY 9010 20442011-2012), Mid-term Efforts (2ntl - 41" years), and Long-range Strategy (5'" year and beyond). Support Local Businesses (supports Policy #1) Immediate Actions: ✓ Continue GeepeFative advertising implementation of the Citv's Coop Marketing Program -program allowing local businesses to purchase advertising at a reduced rate by partnering with the City and other La Quinta businesses. ✓ IaunshContinue an out -of -market (Southern California) advertising campaign to attract more visitors to shop/dine_aad-play/staynd invest in La Quinta via online marketing and selected print publications; continue to work with the CVA on regional cooperative advertising. ✓ Maintain a strong business presence on www.PlayinLaQuinta.com (the City's tourism website) via the new, redesigned site which highlights "Hotels," "Restaurants," "Shopping," and "Special Events." and "Play" pages as well as the events sectio ✓ Redesign the La Quinta Shopping Map and update it regularly _and —implement a wide promotion and distribution strategy_.;Geasidera detailed or sepaFate La Quinta V Ilage map. ✓ Continue to conduct personal visits to local business establishments. _✓ _Continue to work with the Chamber of Commerce to La-Quinta—support La Quinta businesses and promote Chamber events. ✓ Meet with businesses and property managers to address immediate challenges and concerns. ✓ Explore the possibility of periodic online business surveys to stay connected with merchants and receive regular feedback. 0463 2. Mid-term Efforts: Long-range Strategy: ✓ _Evaluate streamlined permitting and other means of business assistance. ✓ Work on viable solutions commensurate to merchant and City resources. ✓ A�'�',aaress!agade and _ag:a1;nfrastraotare-.,a-a Facade--Improvement-Program or -a -similar pregramMaintain focus on long-term economic development strategies that provide general fund revenues improve infrastructure and improve the quality of life. ✓ Maintain ongoing dialogue with businesses and property managers. Promote and Support Auto Dealerships (supports Policy #1) Immediate Actions: Mid-term Efforts: ✓ Work on retention and expansion of current auto dealerships. ✓ Aggressively market La Quinta to new auto dealerships. ✓ ImplementSupport the auto dealerships and continue to market La Quinta as a car buying destination via the City's Coop Marketing Program, dealershipT • Research new funding sources for incentive program(s).. ✓ Support dealership expansion efforts. ✓ Aggressively market La Quinta to new auto dealerships; ✓ Locate new dealerships to the City of La Quinta. Comment [DPI]: Deleted one Comment [BP21: Seems Ike there is too much I an auto dealerships, consider eliminating one or two bullets Formatted: Indent: Left: 3", No bullets or numbering I Comment [BP31: This is also m the shot term efforts -_ Commri ent [DP41: Yes, it will be an ongoing process V61 Long-range Strategy: ✓ Locate new dealerships to the City of La Quinta. 1 3-. Survey,-L-oca[-l3us.,�sAsse Oupports-PeNote-combined with Goal 1 I�rerr� nrrrr�� ✓Conduct-----a--business--survey --te— identify ehaNenges-needs,--and-eencerns-of-La-Quinta merchants (e.g., sigRage,,_4ght.rg, r"e,mit#Rg; infrastructure; labor-fome-busiRess-ptan} .n�, ,.it# -basin sses-and-Property-managers to --address--4mmediaie-challenges---and ceRcerns ✓-Explere-the--possibik4--of-per ed s-oMine ��T�-suFveysta -smith meFGhants-and- GewV-regulaFfeedback- ✓---Werk-Gr-Mable seluteRs--commensurate-te merchant -and Gity-resources: Legg-range-Strategys 1 14. Study Future TFe-dg in Retail and Consumer Trends (supports Policy #2) Immediate Actions: Formatted: Indent: Lek: 3, No bullets or numbering Formatted: Bulles and Numbering Comment [BPS]: Consider using the same language as the strategy in the Annual FinaneA Management Review 0165 Mid-term Efforts: Long-range Strategy: as one aea Of interest, addFess Flight of "snn v birds" and theiF impact on the lGGaI eGenomy, with IaQuin a's median age. ✓ Consider �'n''nn '9 is of thesharing report _e'_' `rend and __.. n__..._. analysis to with La estate Quinta real—oke s.'agentsbusiness stakeholders during a breakfast event. ✓ Based on information from the retail and consumer trends and Gansumer aRalysisreport, contact businesses fit for La Quinta and invite them to do business in this thriving community. ✓ Work closely with CVEP to implement the Economic Blueprint's goal of regional economic diversification. development PaGkets, letters, pew, and invitatiG� L a Quinta and-,rnppt with staff ✓ Update retail trend —and consumer analysis trends report to keep up with changing economy. 1 45. Encourage Reuse of Vacant Buildings (supports Policy #2) Immediate Actions: ✓ Identify and recruit tenants for vacant big boxes (e.g., Circuit City and Sam's Club buildings). ✓ Meet with commercial brokers and support their efforts to find new tenants. Mid-term Efforts: ✓ Use data gathered from retail trend and consumer analysis to identify optimum/desired uses for future big box vacancies. Long-range Strategy: ✓ Review general plan policies for long term commercial opportunities. 1 66. Create Critical Mass in the La Quinta Village (supports Policy #3) Q460 Immediate Actions: ✓ Encourage and support special events in and around the Village such as the Bob Hope Classic, Chamber car show, Desert Classic Concours d'Elegance, Taste of La Quinta La Quinta Arts Festival, Art Under the Umbrellas, Blues & Brews, Certified Farmers Market, Open -A r--CinemasMoonlight Movies, and other City and non- profit sponsored events. ✓ Update parking requirements for retail, office, and residential land uses. ✓ Purchase properties in Village to facilitate improved public access. Mid-term Efforts: ✓ Explore mixed -use development and encourage office space leasing, via the City's General Plan, in an effort to increase foot traffic for Village merchants. Long-range Strategy: ✓ Successful development of pedestrian -friendly infrastructure. ✓ Monitor retail, residential, consumer, and parking trends. 1 67. Support Hotel and SilverRock Development (supports Policy #4) Immediate Actions: ✓ Work with La Quinta Resort & Club on expansion project in an effort to maintain the resort's competitiveness in the market. ✓ Coordinate with Coachella Valley Water District on relocation of the canal at SilverRock Resort site. ✓ Work-with-Si4„e.o�� Resort-hotel-develeper-to secure4ie-boutique-hotelRespond to inquiries from potential developers regarding hotel opportunities at SilverRock Resort and throughout the Citv. Mid-term Efforts: ✓ Construct permanent clubhouse for Arnold Palmer Classic Course at SilverRock. ✓ Develop first hotel at SilverRock Resort. Long-range Strategy: 0467 ✓ Complete design and construct second golf course at SilverRock Resort; continue to plan and develop retail and other components. ✓ Continue to explore additional hotel development opportunities throughout the City. 1 78. Build Affordable Housing and Meet State Mandates (supports Policy #5) Immediate Actions: Mid-term Efforts: Long-range Strategy: �-Complete--Implement development plans for construction of 26 new units and rehabilitation of existing 72 units at Washington Street Apartments. and -adjoining -parcel -Westward Ho/9une--?alms_-HiOway.-4-4-UGu^.e_Pa,,.,^ Centre Pointe,andVillage-property. ✓ Work with developer to implement a housing program for the vacant parcel located adjacent to Washington Street Apartments. ✓ Monitor DDA with Shovlin Companies for construction of the Coral .Mountain multi -family complex located near Highway 111 and Dune Palms Road. ✓ Complete DDA with selected developer to design and implement an affordable housing complex at Dune Palms and Westward Ho. ✓ Work with Housing Authority to refine programs for CityAuthority-owned housing properties. ✓ Construct above -listed projects and recruit/work with development partners on new projects. ✓ Acquire additional sites for future affordable housing projects. ✓ Continue to expand housing options (affordable, special needs, live/work, sustainable). ✓ Acquire additional sites for future affordable housing projects. 1 89. Market Quality of Life and Recreation/Cultural Amenities (supports Policy #6) Immediate Actions: M•' Mid-term Efforts: Long-range Strategy: ✓Complete--C t'• videos in partnership -with the National -League-of California-G ties (CGI-videe program) VIP st-=.,a os te--and promote La (1 'nlna'cs-_g4uality--4-4fe' nA�nnd culture, -recreation;-education—real--estate; economic development -etc ✓ Continue to promote La Quinta's quality of life and amenities via the implementation of the City's Marketing Plan and its advertising and public communication components. ✓ Support the Healthy Eating Activity Living (HEAL) campaign via the General Plan Update, new parks and playgrounds, collaboration with non -profits on sports/fitness programs as well as a variety of walking, hiking, biking and other physical activities that promote a healthy lifestyle. ✓ Continue marketing to retirees to help stimulate home sales. Create a "Move to La Quinta" page on the City's tourism website and a link on the City website to tourism. ✓ Explore advertising in lifestyle and real estate publications. ✓ Monitor marketing trends and state-of-the-art marketing programs. ✓ Research technologies that are targeted at new generation of visitors. ✓ Continue to position La Quinta as a great place to live, play, shop, dine, and visit. glo. Promote and Support Green and Sustainable Program (supports Policy #7) Immediate Actions: Mid-term Efforts: ✓ Communicate with local businesses regarding green initiatives, sustainable efforts, and incentive programs that will help them conserve and save. ✓ Work with utility partners (e.g., Imperial Irrigation District, Coachella Valley Water Comment JBP61: Same comment here, consider ' using same language as in the Mnual Financial Management Review Comment tDP71: I can't find one that applies here - I think we are targeting residents and potential residents more so Nan tourists and busmesses 0469 District, The Gas Company) to ensure competitive pricing in La Quinta as compared to other Valley cities serviced by different providers. Long-range Strategy: ✓ Continue to evaluate successful green and sustainable programs that provide cost savings to local businesses, residents, and the City. ✓ Continue to develop partnerships with the various utilities to provide financial incentives, subsidies, products, and programs which are specific to La Quinta businesses and residents. TOR RR19R1TtERGOALS OF ANNUAL FINANCIAL MANAGEMENT REVIEW For purposes of Management and providling-a-summary 11 Citv's Annual Financial 1 Meet community expectations with diminishing revenues 2 Continue to maintain the existing infrastructure 3 Maintain and improve upon City's market share of retail tourism and service industries 174. Facilitate promotion and technical information to support local businesses 5. Continue to perform due diligence and take proactive stance to fight Governor's proposal to abolish Redevelopment Agencies _ _ Formatted: Indent: Left: 0.8", No bullets or� numbering 0470 0471 ATTACHMENT Contents of Economic Development Plan "Policy' Document This document is organized as follows: it Introduction • Rationale for this Economic Development Plan • Participants in Formulating and Implementing this Plan 2) Resources, Opportunities, Needs, and Liabilities • Key Assets • Liabilities • Projected City/Redevelopment Agency Financial Resources for Economic Development • City/Agency Real Estate Assets • Infrastructure Needs/City Capital Improvement Program sl Business Plan • Mission Statement • Implementation Policies • Fiscal Year n()A-201n2010-2011 Accomplishments a) Business Support & Development b) Highway 111 Corridor c) Washington Street Corridor d) La Quinta Village e) Resort/Hospitality Opportunities f) Recreation Opportunities g) Housing h) Green and Sustainable La Quinta Program Exhibit A: City/Agency Real Estate Assets Map Exhibit B: Business Visitation Survey Results -La Quinta 0472 2011-2012 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta INTRODUCTION The City of La Quinta is embarking on the fifteenth -sixteenth year of implementing economic development initiatives. To date, the City's and Redevelopment Agency's efforts have yielded major retailers, upscale restaurants, a -Homewood Su4e _ - r bass„ 5u4estotels, a golf venue at SilverRock Resort as well as green and sustainable workforce housing developments. activities that have proven successful. However, even with these challenges Tthe City's economic development efforts will continue to maintain a balance between securing quality revenue -generating development while preserving La Quinta's cultural and natural features. The goal is to insure that the short-term gain realized from achieving revenue -generating uses does not compromise the long-term necessity for quality development that withstands the test of time. Thus, the economic development initiatives presented in this Economic Development Plan center on attracting and enhancing revenue -generating enterprises, supporting the local economy, and promoting tourism while protecting open space and environmental attributes as well as expanding recreation opportunities for La Quinta's residents. This Plan outlines a vision and direction for the City's economic development activities. It presents the mission statement, implementation policies, projected resources, and business plan the City and the La Quinta Redevelopment Agency will follow to sustain a comprehensive economic development effort. CITY OF LA LIUIN IY. March 15 2011 ECONOMIC DEVELOPMENT PLAN 0413 INTRODUCTION Rationale for this Economic Development Plan The economic development process is the deliberate, judicious intervention in the local economy to foster a business climate that facilitates private investment. This process is neither exact nor fully predictable, and is more of an art than a science. Economic development is a dynamic, ever changing endeavor because it must constantly accommodate the evolving characteristics of the market place. Thus, the City annually reviews and updates this Plan to ensure that it reflects and responds to current market conditions, and equally as important, the community's collective vision as to how to accommodate these conditions. Finally, this enterprise parallels the activities associated with building a city; thus this Plan embraces, as outlined in the Economic Development Implementation Plan, immediate actions, mid -terms efforts, and a long-term strategy. In 1996, the City of La Quinta adopted the first Economic Development Plan that defined the community's desires for future development, and presented a business plan to guide the City's economic development initiatives. The City then embarked on a planned, pro -active economic development effort for the following reasons: Capture Forecasted Growth for the Coachella Valley A variety of market studies forecast continued growth for the Coachella Valley during the next decade once the economy improves. Additionally, there is value 4- 6ordder. Despite a slow economy, La Quinta is-poisedwill do all it can to support existing, expanding, and new business opportunities. is-stab4eandAo4he degfe as. as-opperltumtieS o^ Due to its prime location and the expanding population of the Eastern Central Coachella Valley, the City is positioned to capture a sizable portion of the projected commercial, resod, and residential development through the business expansion and recruitment efforts delineated in this Economic Development Plan. Balance Municipal Revenue and Expenditure Needs The City's primary revenue resources are transient occupancy and sales taxes. During Fiscal Year 2969-20-10-2010-2011 these revenues comprised 2728% of the City's total General Fund revenue; sales tax revenue generated approximately 17% of total General Fund revenue and transient occupancy tax revenue will generate approximately 2t 11% of the total General Fund revenue. Secondary resources are license/permit fees and property tax revenue.. A majority of the City's property tax revenue, however, is allocated to the CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0474 INTRODUCTION Redevelopment Agency. Approximately 80% of the land area within the City's corporate boundaries is in one of two redevelopment project areas. Combined, these resources maintain existing and provide new services to La Quinta's residential and business communities. Resort and commercial development generates a majority of the municipal revenues received by the City. The City and Redevelopment Agency must strive to maintain/support for two -three years and enlarge the City's revenue base in order to enhance -and expandmaintain the quality of municipal services La Quints residents expect. Judiciously Allocate Municipal Resources Like any business, the City continually balances the allocation of financial resources between service costs and infrastructure investment. To prudently accomplish this task, the City annually implements a comprehensive strategic planning effort that meshes this Economic Development Plan with a Five -Year Municipal Service Resource Allocation Plan, a Five -Year Capital Improvement Program, Annual City/Agency Financial Management Strategies, and Annual City/Agency Operating Budgets. This strategic planning effort is focused on and designed to insure that the City has financial resources to provide future municipal services, and address future infrastructure and public facility needs. This Economic Development Plan identifies economic development investment strategies and initiatives that are subsequently funded through the annual City/Redevelopment Agency Capital and Operations budgets. Participants in Formulating and Implementing this Plan This Economic Development Plan delineates initiatives that implement the community's vision of its desired destiny. It outlines policies, activities, and resources the City will pledge to guide and/or influence future development decisions. Thus, the primary participants in formulating and implementing this Plan are the residential and business communities that define La Quinta. When first developed, the City sponsored a series of community forums to solicit community input. The City continues to consult with these communities during the Plan's implementation phases. For example, the City solicited inputfrom residents- regarding desired bush __ses-in- La-Writes--involved-thenv-44-the the -community w-tire-develepment-of-this-vital The Ger Update will include an economic development chapter. The City also CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 04 J INTRODUCTION continued a successful Cooperative Marketing Program to assist businesses with advertising, and reached out to businesses via this program and personal site visits. The City Council governs the formulation and implementation of this Plan. Council Members bring forth constituent ideas and needs, and assist with defining the issues, mission, strategy, and overall policies that guide implementation efforts. Finally, City staff plays a strategic role in this endeavor. Staff is charged with the responsibility to monitor market conditions, solicit community input, interface with existing and new users, implement programs and initiatives, and monitor achieved results. CITY OF LA QUINTA March 15, 2011 ECONOMIC DEVELOPMENT PLAN 0476 Section 2010-20112011-2012 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta This section presents the background data that was used in developing the Business Plan presented in Section 3; it includes a summary of key assets, presents an overview of projected market demand, delineates projected City/Agency resources, and outlines infrastructure needs. Key Assets Review of the City's physical characteristics and discussions with the residential and business communities identify the following key community assets: • an educated, dedicated, and highly motivated residential and business community that share a long history of working in concert to provide a stable, environment that supports economic development efforts; • an international reputation for resort and golf amenities resulting from the La Quinta Resort & Club, PGA West, Rancho La Quinta, The Tradition, The Quarry, The Hideaway, Madison Club, Griffin Ranch, La Quinta Country Club, Andalusia, and SilverRock Resort; • the City hosts renowned golf tournaments such as the Bob Hope Classic, which has helped earn it the title of "America's Ultimate Golfing Destination' by the acclaimed Robb Report; • a significant expansion and new professional and medical office space including the addition of €menho.we Street-Gorrdorall three major medical care providers in the Valley John F. Kennedy Memorial Hospital Desert Regional Medical Center, and Eisenhower Medical Center • the Highway 111 Commercial Corridor, features a few prime vacant properties of sufficient size to accommodate development that will serve the Eastern CITY OF LA OUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0477 RESOURCES, OPPORTUNITIES AND MARKET PROFILE Coachella Valley and will generate significant financial returns for both the City and Agency, • a market area with one of the highest per capita incomes in the Coachella Valley; • the La Quinta Village, a pedestrian scale commercial center nestled in the Santa Rosa Mountains, that offers a setting unparalleled in the Coachella Valley; • La Quinta's commerce, art, and cultural heritage as represented by the La Quinta Chamber of Commerce, La Quinta Arts Foundation, and La Quinta Historical Society, supporting art and cultural activities that attract patrons from California and the greater southwest; • the 525-acre, Agency -owned SilverRock Resort golf and resort property, home to the Arnold Palmer Classic Course which Golf Magazine selected as one of the "top ten new golf courses that you can play," and which hosted its thirdfourth Bob Hope Classic in January 20-102011, • a 20,000 square -foot, state-of-the-art public library and expanded 8,400 square -foot museum which offer educational cultural resources, and community meeting space; • the Lake Cahuilla Recreation Area which provides water sport, equestrian and other outdoor recreation opportunities; • historically steady residential development and sales activity which generated a significant number of new households to support retail, recreation, and service commercial users, • a highly motivated City workforce that understands the needs of the business community and the need to process required City approvals within a short time frame; and • resources that the City/Agency can dedicate to economic development investment. Liabilities Though the assets far outweigh the liabilities, there are limitations that the City must account for when implementing its economic development initiatives; these include the following: • competition between Coachella Valley communities to provide financial incentives to major developers and users, which significantly influence their CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN .11 0418 RESOURCES, OPPORTUNITIES AND MARKET PROFILE location decisions; • competition for golf and resort patrons with other Coachella Valley cities who are improving their public golf amenities in order to attract new, and expand existing, resort and hotel uses; • evolving retailing trends that may render existing retail centers obsolete while potentially decreasing the need for new retail centers; • the downturn in global, national, state, and regional economic conditions, which have had a significant effect on La Quinta's economy, • State Redevelopment Agency take-awayabolishment and budget uncertainty in the future; and • if redevelopment is not abolished by the State expiration of Redevelopment Project Areas 1 and 2 (2034 and 2040, respectively). Projected City/Redevelopment Agency Financial Resources for Economic Development As part of its ongoing resource management effort, the City annually evaluates City/Redevelopment Agency financial resources and identifies those resources that can be pledged to economic development initiatives. During development of the 9010-201-12011-2012 Fiscal Year Budget staff will specifically identify funds available for economic development initiatives. These funds are basically one- time resources that will most likely not be renewed when expended. City/Agency Real Estate Assets Since 1983, the City and Redevelopment Agency have accumulated real estate assets as a result of major infrastructure projects or as part of the Agency's affordable housing efforts. However, due to the potential State actions, the and the La Quinta Housing Authority. Exhibit A, in the Appendix of this Plan, presents a map of the real estate assets owned by the City -or, Redevelopment Agency, or La Quinta Housing Authority. City/Redevelopment-Agensy real estate assets currently available for economic development include SilverRock Resort, owned -by -the � -Agency, the City's holdings located at the top of the Cove, several properties in the La Quinta Village (including a municipal parking lot and property adjoining the La Quinta Community Center and Park), and a number of sites for affordable housing opportunities. Infrastructure Needs/City Capital Improvement Program As part of the annual strategic planning effort the City conducts a comprehensive review of the community's infrastructure needs. The City then addresses these CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0479 RESOURCES, OPPORTUNITIES AND MARKET PROFILE needs through the Five -Year Capital Improvement Program. This Program identifies both current year and projected five-year capital improvement needs and resources, and delineates an annual funding schedule for specific infrastructure projects. This Economic Development Plan is integrated with the Capital Improvement Program (CIP) to ensure that the infrastructure impediments to specific economic development projects are addressed, or where possible, economic development project implementation activities mitigate site -specific capital improvement needs. Capital Improvement Projects provide jobs and help the economy. Completion of these projects help ensure the City can accommodate current and future traffic growth; provides adequate facilities to serve residents and visitors; and creates a City that's attractive not only to residents and visitors, but to potential investors as well. Notable CIP projects include: Canal Relocation; \Mag^ ire -Station Playground -Improvements; 'A' Street Extension (Dune Palms Road to Komar Center); Washington Street Apartment Rehabilitation; RDA -Owned Cove Homes Landscape Conversions; -Highway 1-1-1-LltilityUndergrounding-(adjacent to -RDA - owned property), Jefferson Street Landscape Improvements Drainage Improvements at Simon DriveANashington-Streetvarious locations; Adams Street Bridge; Sports Complex Improvements; and-varous4raffiG-signalsand yearly repair of sidewalks and handicap ramps. $36,000 spent on l-projects---T r fere,-LaHQu44a�-s­propoSed'^ 0-2044 Capital-Improvement-PregrAm w;,; yi ld--approxirnate�-jobs: Redevelopment -Project Areas-l-and 2. CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0480 Section 2A �281.2011-2012 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quinta In order to proceed with implementation activities, a business plan is required that presents a mission statement describing the intended outcome the community wishes to achieve, and the overall policies that will guide implementation activities. Specific key goals and action items are detailed in the Economic Development Implementation Plan. Mission Statement The mission statement formulated for this economic development effort is as follows: The mission of the Economic Development effort is to actively support the development and expansion of existing businesses, and to proactively recruit sustainable revenue - generating uses that diversify and expand the City's economic base, offer a variety of products and services, increase employment opportunities, enhance City/Agency fiscal resources, preserve and enhance La Quinta's unique environment, and contribute to the quality of life for La Quinta residents. Implementation Policies The following implementation policies direct the City's Economic Development implementation efforts. They address resource and staffing commitments, annexation strategies, use of City assets, and refinement of City processes. These policies help direct City staff as they pursue implementation initiatives. (Note - references to the Redevelopment Agency were left in the following policies as of this writing the outcome of the State's budget is unknown.] Active Participation in Economic Development CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0481 BUSINESS PLAN The City will actively implement economic development initiatives by committing resources to market development opportunities through direct contact with property owners, commercial and industrial enterprises, resort and lodging operators, developers, and the business community. Financial Resources Commitment The City and Redevelopment Agency will annually dedicate funds to support economic development and infrastructure improvement activities. Business Support & Development Support existing La Quinta businesses through a variety of economic development programs, marketing efforts, and special events. A specific objective will involve attracting more people to the La Quinta Village in an effort to support the businesses located in this section of the City. Economic Base Diversification Emphasis will be placed on pursuing opportunities that will dynamically enhance and diversify La Quinta's economic base to include a balance of retail, recreation, and resort uses. City/Agency Private Project Investment City/Redevelopment Agency financial investment will be primarily limited to underwriting infrastructure and municipal fee costs, obtaining operating and use covenants, and rehabilitating/refurbishing older commercial structures and centers for projects that enhance overall City development and growth. Assisted projects will be considered on a case -by -case basis and must feature enhanced design and landscaping amenities, and enhanced building and site maintenance requirements to insure these amenities are maintained for the life of the development. City/Agency Return on Investment When considering City/Redevelopment Agency investment in commercial, resort or office development projects, the City/Redevelopment Agency will endeavor to achieve a 10% to 15% return on the City/Agency investment by the fifth year of operation. Development generated revenue included in this analysis is sales tax, transient occupancy tax, and property tax revenue; City development permit and impact fee revenue may not be included as development project revenue. Further, City service costs must first be deducted from development generated revenue. The City/Redevelopment Agency investment should be fully repaid within a ten-year period, with every attempt to achieve repayment wthin a five to eight -year period. CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN o' 04 BUSINESS PLAN Private Project Investment - Financial Need For commercial, industrial, office or resort development projects that request City/Redevelopment Agency financial investment, the City/Redevelopment Agency must find that off -site infrastructure improvement costs, municipal fee costs, and/or development or rehabilitation costs are so excessive that the project warrants public investment to underwrite some of these costs in order to generate sufficient returns to attract private investment. Further, if City/Redevelopment Agency financial investment is targeted towards obtaining operating and use covenants, the City/Redevelopment Agency must find that the desired user achieves the City/Agency Return on Investment parameters described above and generates additional employment, retail and/or recreation opportunities for La Quinta residents. Reuse of Vacant Commercial Facilities The City/Redevelopment Agency will proactively work to ensure the reuse of commercial facilities that remain vacant for six months or more. These activities will include working with property owners and tenants to identify reuse opportunities, identify site and building improvement needs, and facilitate user/developer recruitment efforts. Land Use Planning In order to maintain, protect, and enhance municipal fiscal balance the City should carefully evaluate the fiscal effect of land use planning. A key issue facing the City is conversion of Tourist Commercial Zoning to Residential and Resort Residential land uses. Prior to consideration of any request to convert land uses a detailed fiscal analysis and fiscal mitigation program shall be required. Highway I I I Corridor In order to enhance commercial opportunities the City/Redevelopment Agency has secured major retail anchors for the east end of this corridor. In doing so, this corridor will have major demand generating anchors located in the corridor's west, middle and eastern sectors. The City/Redevelopment Agency will work on filling remaining vacant parcels, vacant buildings and assisting property owners with rehabilitating/ redeveloping older, obsolete retail centers and continued investment in roadway improvements. CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0483 BUSINESS PLAN Environmental Compatibility In order to maintain, protect and enhance La Quinta's unique physical environment, all new development projects will be reviewed with added emphasis on their compatibility with their environmental setting to insure preservation of La Quinta's unique natural desert and mountain landscape. Green and Sustainable La Quinta Program The City will continue to promote and support the Green and Sustainable La Quinta Program intended to increase the conservation of resources and reduce environmental impacts with an emphasis on energy, water, air quality, solid waste, land use, and transportation. Regional Transportation Opportunities The City will pursue joint efforts with regional agencies that facilitate the expansion of rail and air transportation services, including the Jacqueline Cochran Regional Airport, to support the transportation needs of La Quinta's resort, commercial, residential, and other uses. Annexation Opportunities The City may pursue annexation opportunities, as requested, that are economically sustainable, enhance the City's economic future, provide workforce affordable housing opportunities, and protect environmentally sensitive areas that are crucial to the La Quinta experience. These will include properties that expand park resort and golf course development opportunities, accommodate commercial, industrial, and transportation uses, protect environmentally sensitive areas, scenic vistas, enhance equestrian opportunities, and provide for a variety of housing types. The City will also review potential impacts on current residents and seek ways -to mitigate impacts, if they exist. Prior to any annexations in Planning Areas 1 and 2 a detailed fiscal analysis and Plan for Services shall be required. Future annexations should be revenue -neutral or positive to ensure long-term fiscal balance. Municipal Properties The City will pursue the timely sale and/or development of all City/Agency-owned surplus property with uses that maintain, protect and enhance the environment while achieving a return on the initial City/Agency investment. Recreation Opportunities The -City- is-seeking-euFgreper 4G-the-east fGr-additiona4 spe "elds. The City will continue to explore recreational opportunities and develop recreational uses for residents and visitors to enjoy. Areas of particular emphasis will include golf, CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0484 BUSINESS PLAN trail improvements, a regional trail system, parks, health and fitness programs as well as arts, cultural and educational experiences. The City will encourage alternative transportation and healthy lifestyles. Efforts will be made to develop a comprehensive Vail system that links the recreation amenities at Lake Cahuilla and in the Santa Rosa Mountains with the City's residential and resort communities. The City will continue its participation in regional planning efforts to complete a trail system between La Quinta and Palm Desert. Desert Recreation District is conducting a feasibility study of a dual purpose trail along the bank of the White Water Channel. The-Sity-has-completed wth-the-assistance from -the Coache4aaVal4ey Community Trails Alliance (CVCTA) a tr., is nip-fOFihe-4op-of tlhpCoove which nGludes mprove64raVidentification,signage and trail4Aaps-ior easier use of the area. Two -deg --parks area t-the increasednumber-of-peeple-with pets n the community Streetscape Improvements Future major arterial streetscape and median improvements will be designed to impart a sense of place and a feeling unique only to La Quinta so residents, visitors and other travelers will experience a sense of arriving at a special destination when traveling to, or through La Quinta. The City Council recently adopted Highway 111 Corridor Landscape Design Guidelines. Highway 111 median landscaping improvements will be made -designed in accordance with the ug idelines in 280g-102010-2011,. and-anentry statement will he-designed-ferthe City's westernentranse: Highway 111 Corridor Land Use Diversification The City will encourage the development of commercial, service commercial, office, lodging, theater, mixed use and light industrial uses within the Highway 111 Corridor to diversify the community's economic base. The City will also work closely with the Coachella Valley Economic Partnership on implementation of the Coachella Valley Economic Blueprint, aimed at diversifying the regional economy. Staff Development City staff will continually work to refine and improve their skills as they relate to fulfilling the mission of the Economic Development Plan and program while reinforcing the perspective that the City's economic survival depends on City staffs ability to serve the public in a courteous, efficient and knowledgeable manner. Prepare New and Update Existing Information Documents On an ongoing basis, City staff will prepare new, and update existing, promotional and community information documents for circulation to potential users and developers. Focus will be on documents providing socio-economic data as well as commercial activity reports and public information pieces. Some of the CITY OF LA QUINTA March 15, 2011 ECONOMIC DEVELOPMENT PLAN 0485 BUSINESS PLAN documents will be placed on the City's website for downloading by interested parties. Fiscal Year 200920102010.2011 Accomplishments The 2409 2^102010-2011 Economic Development Plan identified specific target areas and activities to accomplish during the fiscal year. The following summarizes the accomplishments by target area as of April-2S-lOMarch 2011. Business Support & Development • Coordinated economic development efforts with La Quinta Chamber in the following areas: business communication, local events, and Workshop/Information Exchange Committee. • Created Updated a listing and diagram of La Quinta retail and service businesses for City website (Economic Development section) as well as produced and maintained a resource page for businesses. • Worked with the Coachella Valley Water District, Imperial Irrigation District and Southern California Gas Company to encourage residents and businesses to participate in water and energy reduction programs to lower operating costs and reduce greenhouse gas emissions. • Worked with the Coachella Valley Economic Partnership as they Completed implement an "Economic Blueprint" for the Valley that identified key industries to target over the next five years in order to stabilize, grow, and diversify the region's economy. businesses especially those that cited major challenges. CSC. CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN OA�n BUSINESS PLAN City Marketing Efforts events. • LaunchedContinued a Marketing GeepeFative CatalGquethe Citv's Coop Marketing pProgram for La Quinta businesses and key partners. City pel npri rates An PgRt, television, and '^a'^. Executed various advertising campaigns with: Embassy Suites La Quinta, Las Casuelas Quinta, Chamber of Gemmeree, Old Town La Quinta, Rockin' Baia Coastal Cantina Okura Robata Grill & Sushi Bar La Quinta Arts Foundation, Washingten�arl , and La Quinta auto dealers. • IF t atedContinued a stronq Local Marketing Campaign inwhich supports of -La Quinta businesses and key partners by attracting more people to La Quinta. • Worked with key event organizers on leveraging City sponsorships and cross - promotion, and implemented strategies to attract more people to stay/play and shop/dine in La Quinta. Events include Bob Hope Classic, Chamber car show, Concours d'Elegance, Taste of La Quinta, and La Quinta Arts Festival. CITY OF IA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN Formatted: Font: Bold Formatted: Font. Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font Not Italic Formatted: Font: Not Italic BUSINESS PLAN • Produced visitor and resident communication pieces: La Quinta Area Events brochure, 2M2011 City Calendar, two City newsletters, and Palm Springs Life advertorial. Integrated shop/dine and stay/play messages to the extent possible. Completed the City videos in partnership with the National League of Cities: Placed the videos on the Playlni-aQuinta.com website to showcase La Quinta's quality of life and opportunities. There are seven separate one - minute videos. including Welcome to the City, Quality of Life Real Estate and _Relocation Arts and Culture Tourism Economic Development and Education. The most -watched video is Tourism followed by Real Estate and Relocation, then Quality of Life. Amold Palmer Classic Course Marketing • Continue to take full advantage of the Bob Hope Classic being plaved exclusively in La Quinta and the fact that SilverRock is the only public golf course in the Bob Hope rotations that the public can play in 2011-2012 marketing and advertising plans. room loop throughout major hotels/resorts in the valley. • Implemented a 60 second YouTube video of SilverRock that features beauty shots and course accolades. • Take advantage of SilverRock being voted once again as the best playing condition golf course in the Palm Springs area by Greenskeeper.org. • Advertised in publications such as Desert Golf Magazine Palm Springs Life The Desert Sun. and Alaska Airlines (in-flight magazine). • Continued presence in varous golf directories including: Palm Springs Golf Guide, City, Map and Yellow Pages. • Implemented an animated course flyover feature on the golf course that is featured on the SilverRock website. CITY OF LA OUINTA March 152011 ECONOMIC DEVELOPMENT PLAN 0488 BUSINESS PLAN • Broadcasted SilverRock television spots to air primarily in the local market and on a national level via the Golf Channel during the Bob Hope Classic. • Continued electronic marketing including online paid search advertising and e-blasts to all current users of the SilverRock Resort golf course. • Developed discounts for quests and residents and a California Resident Rate program (summer season) and a variety of specials to encourage shoulder season use of the golf course. • Continue to promote online bookings currently approximately 50-60% off all tee time bookings are done online. •---Took-full-advantage-of-the-Bob Hope -Classic being -played -exclusively in -La Quinta in-2009-20-18-narkeNng-and-advertising-efforts: •dented-anew-advert;,�s4an-6hallenge the--Rock"� been featured on a., telev s en -spots o -6#0; The Desert Sun, and Alaska A fines (in flight magazine). •--Continued-presenge-in-vanous-golf-dlrecbries, Including=Balm SpringsGo! Guide,-Cuty-Map+and"Yellew Pages. •-- Researched__and _ImplPmPntPd public-_relations-opportunities--wdth-positive messages, a,gnational reGOgnition by , 'WHnmp Cn, pseof the Bob Hope Class •-- Updated--;veb�,e--with-new -phetes-and--additional wfem;atien: •—Broadcasted S4verRock-televisien-sWs4Gair-pr#narl4y n th t-4T, rket. and ooa-national level -via4he-Golf- Channel dudng-the-Bob-Hope-Classic •--Continued-eleckonlinepaid-searG , ad_e„ems s rig and l e blasts as-ststoall Current usemof the-SilverRock-Resort-gacourse •---Developed-dscounts-for-guests and-a-CoaGhella-Valley--rate (summer -season), and a-variety-of-,pegials-to-encourage-shoulder-season �cr IL.e.L.e golf Course. Highway 111 Corridor • Marketed Highway 111 Corridor development opportunities to auto dealers, and assisted with retention and expansion efforts for existing dealerships. CITY OF LA QUINTA March 152011 ECONOMIC DEVELOPMENT PLAN 0459 BUSINESS PLAN • Worked with the three existing dealerships on developing a cooperative advertising campaign (television), and creating incentive programs for people to test drive and purchase cars in La Quinta. •__Imn^^''PPle nter! fo nth ado advertscampagn to me/nncc1 merchants-Happyanri Yens d at-Highway444ANahsmgton.ctreet (in Po nt Happy Rock area). • Partnered with various Highway 111 merchants, via the City's Marketing Cooperative Program, and offered reduced advertising. Cooperative partners include--Las-Sam etas n 'nta (print), Wash nglon Park (r.,db and -fie Eleven -shopping center -restaurants -(television}: • Researched potential building reuse opportunities for vacant big boxes; provided customized market and demographic information for and met with brokers and potential tenants to demonstrate La Quinta's market strength and future potential. • Explored opportunities to locate a mixed -use "lifestyle" center that combines entertainment venues with retail and residential uses in the Highway 111 Corridor. Washington Street Corridor • Worked--wit#-Centre-Rainte-Development te--facilitate reopening -of --the Homewood Suites Hotel - Completed a agreement that allows Dolphin Partner -to4ent-the--va Ft GasAw, nits n eer 14�e14�e Homewood Suites Hotg •--Facilitated the-devel)pment-ofEisenhowerMedicaI center opened -its -La Quinta-tacility_orrthe rCentre o,. to to —FaGifi,ate. /a_ he de Process fty-Mayer-VAIa Capri-enAVashingtonand Fred -Waring: •-Partnered-with--various--Washington-Parrmerchants--via the--City's Marketing-Cooperatwe--Program, and -offered -reduced-rate-advertising Washington -Parks- Campaign -involved-30 second -radio -spots-. o--Implemented--a-four-menth-radio advertising-campaignr-ta-premotekissist merchants ers-during-road-construction-project at Highway 111 en-Street{in-PointHappy Rock -area) - CITY OF LA OUINTA March 15. 2011 ECONOMIC DEVELOPMENT PLAN 0490 BUSINESS PLAN La Quinta Village .—Partnered with various Old Town restaurants, via the City's Marketing Cooperative Program, and offered reduced advertising. This adverts'ng ,nl�`sled KESQ I oampalgn-M. �,�WSIBFt-SpOt6- Town -Cellar -Stu# Pizza, Viva Gantina and-Bevane's • Continued to support and facilitate events that bring people into the Village such as La Quinta Arts Festival, Bob Hope Classic, Concours d'Elegance, Chamber Car Show, and Christmas Tree Lighting Ceremony. • Explored opportunities to develop urban infill residential uses in and near the Village to increase demand for the commercial and office uses. • Continued to explore commercial retail development opportunities: initiated property purchases to facilitate future development. Resort/Hospitality Opportunities Worked --with Lowe-Enterprises--toamend the Dispes Non and development Agreement—and--Development--Agreement ---for--theProvided information to various developers interested in future development of boutique hotel, resort hotel and resort retail uses: • Initiated an agreement with CVWD for relocation of the Coachella Canal. • Solicited proposals from landowners and developers to jointly develop additional resort and hospitality uses throughout the City. • Continued cooperative advertising and online paid search with La Quinta hotels driving traffic to the tourism website. Recreation Opportunities •---implemented h sompleted-Gommunity-Services-Master Flan • Worked on the trails plans for the top of the Cove and the White Water Channel. • Explored land acquisition opportunities to provide additional park facilities. •--Designedand b fttwo Dog Parks in -the -City. • Designed -playground -improvements -at -three -parks. CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 0491 BUSINESS PLAN • Implenrepte•la_D4ase I of the Gals (`art Phan Phase. One foG sod Gn correcting the La Quinta Resort, SiIveFRock Resort; and the Villaq . • Approved participation in the Healthy Eating Activity Living (HEAL) program as a supplement to active community encouragement. • Received the Coachella Valley Health Collaborative's prestigious Healthy City award. • Moved the La Quinta Fitness Center from a cramped location in the Boys and Girls Club into a larger facility at the La Quinta Francis Hack Community Park. • Provided numerous programs exhibits classes etc. at the Museum Library and Senior Center. Housing • Worked -Completed a Disposition an Development Agreement with the Shovlin Companies on site -planning activities for Redevelopment Agencyfor a multi -family affordable housing complex near Highway 111 and Dune Palms Road -property. • "tiated-Continued with the rehabilitation and new development planning activities for Washington Street Apartments. Irnple:^���' Completed the Project Area No. 2 amendment that -will -addadded the apartment complex and adjacent vacant property to Redevelopment Project Area No. 2. • Continued to look for additional property for future affordable housing development. • Completed --prop- purchase ^^t�o.yitie'e Selected an affordable housing developerforthe Dune Palms RoadNVestward Ho properties. • RAqAnrnhPrI eh..I.,,.,,n and/or redevelopment -opportunities—irrvolvwg ex NltaWnits. • Completed -the -City'&updated Housing€lemente€the General Plan. • Identified bank -owned foreclosed homes that are in need of substantial rehabilitation, initiated purchase and substantial rehabilitation activities for over a dozen houses sold three to qualifying households.. • Menitered--the-lease-up-ef�-the-Coachella-Valley-Housing-Coalition-(SVHC affordable-werkforoe-n�ly housing. • klitiated-Continued site planning activities involving AgencyHousing Authonty- owned property located at Avenida Montezuma and Avenida Mendoza across from La Quinta Community Park (formerly Francis Hack Park). CITY OF LA QUINTA 0492 March 15 2011 ECONOMIC DEVELOPMENT PLAN BUSINESS PLAN Green and Sustainable La Quinta Program • Continued to develop the Green and Sustainable La Quinta proqram by helping residents and businesses consume fewer resources and save money on their utility bills. • Southern Califomia Gas Company - From January 2010 through August 2010, La Quinta residents installed 68 energy efficiency measures for $4 485 dollars in incentives. Measures included furnaces, dishwashers clothes dryers and storage water heaters. • IID Home Energy Audits - from July through December 2010 there were 55 • Landscape Conversion Program - for July through December 2010 there have been 67 homes have completed the program and received rebate checks; also 63 Weather Based Irrigation Controllers have been installed in City of La Quinta homes. are responded to in an efficient manner. The phone number for the helpline is also available on the City's after-hours phone directory_ • Explored providing incentives reducing permit fees or providing a matching funding program in cooperation with IID for businesses to make improvements that enhance enerqv efficiencv and resource conservation in their buildings. • Continued community outreach via presentations and special events to encourage La Quinta residents to reduce their carbon footprint by providing valuable conservation programs and incentives. CITY OF LA QUINTA March 15, 2011 ECONOMIC DEVELOPMENT PLAN 0493 BUSINESS PLAN Continued to implement energy efficient retrofits to municipal buildings via American Recovery and Reinvestment Act federal stimulus funds. <--Gontinued-to--develop-the- Green -and-Sustainable-La-Quinta-program-by helping-residentsar h s...-------..__. �fewer-resourcesand-savemeney On4h6F-uti!4 bINs. # s - Continued -to -strengthen -the ronservation partnersh s-with-SeacheNa-Valley Wale ^--p.s.�'.ct.4nipera[4ffigaten-District, ma alas-G9mpany--by-as&mtmg4hem-m marketing the varous programs and rebates available4Gfesldents-a h�-po�_.cnesse&4n Ica-Quinta. O---ND-k orneEne Energy AUdItS--4rom-.Uy4hFGugh-Degeniber-nGg-there-were-%3 audits -Gf--"22-eve• thr�nc-sm-nlGnth period -compared -last rebates totaling -$116,- 3-4ave-been-issued to -La a nta-n'sidents,-saving morethan45l;000 kNowatt-hours-annually, —Land eFs* PfDgraFr;---for-calendar-year-2 94here have -been —€xplgfed-providing4ncent:: ,r mduGng-per ' Fn ewe .-or-pFoviding-a-matshing in fundg--program—in- seefatien--with AID--feF-Us n sse&—tg ., ake improvements -that enhan p nergy effic;enoy-and-reseuroecensewatien +n their bu ld ngs: Gontinued-Gommunity-outreach-via presentaiiens-and-spe�'-�.e g'�te encourage-La-Quinta-residents to-reduce-their-cafben footprint -by prGvidmg valuable-sc n atien-programs-ard4rieentives: a--Promoted--green-ef ds-via-flyers, -ads; and-pressreleases; GorI - -Creates g:e�r:eb-page en he-Gity-webste-dedisatedzo the-g.o ah- Greer4-and-Susanahle,�-Qunta--Program-4--keep-esidents a d bas ness .. ormed about the i� nte�'-prams-ava4able-to4herr� CITY OF LA QUINTA - Q March 15 2011 ECONOMIC DEVELOPMENT PLAN O 4 .J A BUSINESS PLAN � COffIj3eted--- a-andscap'sewa on -program for-tAfe RDA umf1pri `tall"$:^.m44FRgabGn-GGW-ollQrs-on-all-RQ68,ow ed hemes, •---MonitGred-arid-pu 'ad--FederSt Fnulus funding to provide for generakfund re4ef4or-trans. and energy effic enry projects, _.�zn�srT.x,trrr_rz�rslnnl�rs,.rrrsrrr.Rar . CITY OF LA QUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN O 4 J 5 2010-2011 Economic Development Plan Strategies and Tasks to Stimulate Private Investment in La Quint@ To be attached to final document. CITY OF LA OUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 04 BUSINESS PLAN i it 2010-2011 Economic Development Plan CVEP Business Visitation Survey Results -La Quinta CITY OF LA OUINTA March 15 2011 ECONOMIC DEVELOPMENT PLAN 040-1 COACHELLA VALLEY ECONOMIC PAR TNERE MP Business Visitation Survey Results La Quinta Is your business owned by a larger corporation? Yes 31.6% 37 No 68.4% 80 Total Responses 100.0% 117 Is your business owned by a larger corporation? Exhibit 1 For classification purposes, what is the PRIMARY nature of your business? (Please check one( Value Percentage Agriculture 0.9% 1 Amusement/Recreation 0.9% 1 Arts/Entertainment 0.9% 1 Education 0.0% 0 Construction 3.4% 4 Distribution 0.0% 0 Finance 3.4% 4 Healthcare 7.7% 9 Hospitality/Leisure 1.7% 2 Manufacturing 0.9% 1 Printing/Publishing - 0.0% 0 Professional Services (Consulting Marketing, etc.) 19.7% 23 Restaurant/Food Service 22.2% 26 Retail 20.5% 24 Transportation/Utilities 1.7% 2 Wholesale 0.9% 1 Other 15.4% 18 Total Responses 100.0% 117 For classification purposes, what is the PRIMARY nature of your business? 20.5% 154% J`oc J,o CaJ�e ``a�¢ \�\fie•' 4J`CQi QJ.00' SO a�: J\�o: Q`¢Sa �oRQ �a¢J� Q`(J Qlo� P¢S�aJ `,nc" 31 0498 Exhibit 2 How long have you been operating your business in the Coachella Valley? Value Percentage under 2 years 12.0% 14 2 - 5 years 35.9% 42 6-10 years 17.9% 21 11 20 years 15.4% 18 over 20 years 18.8% 22 Total Responses 101 117 How long have you been operating your business in the Coachella Valley? 6 - 10 years 11 - 20 years 17.9% 15.4% over 20 years 18.8% rs u 2-5yeander2 years 35.9% 12.0% Exhibit 3 Why did you choose to originally locate your business in the Coachella Valley? Value Percent % Already lived here 33.1% 41 CI!ents/Customer base 18.5% 23 Cost of Living 0.0% 0 Lifestyle/Weather/Amenities 11.3% 14 Land/Building costs 0.8% 1 Purchased a business 8.9% 11 Relocated from another area 12.9% 16 Other 14.5% 18 Total Responses 100.0% 124 Exhibit 4 Why did you choose to originally locate your business in the Coachella Valley? 33.1% 89%_ I29%—145%- tis p� aA\,¢6 a\t'J� Lo o� z� C\eJ` �`•ta oa¢a In the next 12 months, do you expect the business climate in the Coachella Value Percentage Improve 44% 51 Worsen IS% 18 Remain the Same 41% 48 Total Responses 300.0% 117 In the next 12 months, do you expect the business climate in the Coachella Valley to: I ! Remain the Same i 41% i I I I Worsen 15 6 I 0499 Exhibit 5 How would you rate the business climate in the Coachella Valley over the past 12 months? Value Percentage Excellent 5.1% 6 Good 19.7% 23 Average 41.9% 49 Poor 27.4% 32 Very Poor 6.0% 7 Total Responses 100.0% 117 How would you rate the business climate in the Coachella Valley over the past 12 months? 5.1% Exhibit 6 In the part 12 months, would you say your gross revenue has: Value- Percentage Increased 31.62% 37 Decreased 41.03% 48 Remained the Same 27.35% 32 Total Responses 100.00% 117 In the past 12 months, would you say your gross revenue has: Decreased 41.03% Remained the Same 20.69% Increased 31.62% Exhibit 7 Has your company laid off any employees in the past 12 months? Value Percentage Yes 36.8% 43 No 63.2% 74 Total Responses 100.0% 117 Has your company laid oft any employees in the past 12 months? #:rti'' I >��No -'63296„r., t 05��'0 Exhibit 8 What percentage of your gross revenue comes from sales OUTSIDE the Coachella Valley? Value Percentage Less than 1% 32.5% 38 1-25% 29.9% 35 26-50% 17.9% 21 51 - 75% 8.5% 30 76-99% 9.4% 11 300% 1.7% 2 Total Responses 100.0% 117 What percentage of your gross revenue comes from sales OUTSIDE the Coachella Valley? 299% — 17.9%. —__ _-----_--_--_ 8.5% 9.4% _ - 1.7% Value Lessthan 1% 1-25% -- 26-50%--51-75% 76-99% Exhibit 9 If you were to locate your business today, would you locate it in the Coachella Valley? Value Percentage Yes 59.0% 69 No 18.8% 22 Don't Know 22.2% 26 Total Responses 100.0% 117 If you were to locate your business today, would you locate it in the Coachella Valley? 59.0% 18.8% 222% Yes No Don't Know 05 '1 Exhibit 10 Overall what are your biggest challenges in running a profitable business in the Coachella Valley? (Please check all that apply) Value Percentage Local economy 10.2% 75 Cash Flow 4.8% 35 Available financing 4.4% 32 Seasonal population (Summer months) 9.4% 69 Business environment 3.5% 26 Competition 4.2% 31 Federal Taxes 5.0% 37 State Taxes S.9% 43 City Fees 3.0% 22 State Regulations 4.1% 30 Local Regulations 3.4% 25 Environmental Regulations 2.6% 19 Hiring/retaining of employees 3.3% 24 Permitting Process 1.6% 12 Sign Ordinances 2.9% 21 Land Costs 3.7% 27 Utility Costs 4.4% 32 Marketing Costs 4.0% 29 Costs of Wages 3.1% 23 Workers Compensation 4.6% 34 Healthcare Costs 5.0% 37 Developing business plan 1.2% 9 Developing a marketing plan 1.8% 13 Financing 1.6% 12 I.T. (Information Technology) services 1.1% 8 Financial/Accounting services 1.1% 8 Total Responses ID0.0% 733 Overall what are your biggest challenges in running a profitable business in the Coachella Valley? (Please check all that apply) co°o�as ¢�¢oc�e Q¢ ate¢a+¢Si4¢¢,\a`o°J\a°°s\a`°Q\o ¢¢Qcoc¢y cacce rc) Q5�c�os`a�¢ay`oi`o5'c¢yha�a °�Q�acac�\o�1se ¢e5 �°ea\e (,\2°\ Ea o°°, F¢a¢ Sa `e ¢�a�P¢�a�p¢� °tee �c� ° `a mac J as�e °5so °gyp ��ca OJsc aµe~ 4 ° ` � A 5a moo ¢� .°6 e�F y6 eP c. vy 1,¢ %a aF -is cao F a.Q°e pa`' °C�1 ¢�9c e o�µe �oQca c °c > Sy eae P 05 2 Exhibit 11 Based on your experience, please rate the following as an advantage or disadvantage in terms of doing business in the Coachella Valley: eA..a.nann niaeAu,ntaun .1. Quality of life 90.6% 106 2.56% 3 6.84% 8 Business Climate 64.1% 75 25.6% 30 10.3% 12 "Desert"reputation 81.2% 95 5.1% 6 13.7% 16 Area growth potential 82.9% 97 10.3% 12 6.8% 8 Cost of living/housingliving/housing 67.5% 79 20.5% 24 12.0% 14 Educational system 47.9% 56 29.1% 34 23.1% 27 Land or rent costs 60.7% 71 29.1% 34 10.3% 12 Level of crime/public safety 70.9% 83 10.3% 12 18.8% 22 Workforce availability 49.6% 58 43.6% 51 6.8% 8. Workforce/Career technical training 33.3% 39 51.3% 60 154% 18 Public tra ns ortation 48.7% 57 30.8% 36 20.5% 24 Stale businessre ulations 37.6% 44 35.0% 41 27.4% 32 Local overnment 56.4% 66 18.8% 22 24.8% 29 Local business assistance programs 39.3% 46 19.7% 23 41.0% 48 Exhibit 12 Do you own or lease your current business location? Value Percentage Own 15.4% 18 Lease 84.6% 99 Total Responses 1 117 Do you own or lease your current business location? Own k.,'?,:' 15.4% F -� . Lease `' °"' Fit 846Y� Exhibit 13 Do you plan to renew your lease upon expiration? Value Yes No Not sure Percentage 53.5% 53 14.1% 14 32.3% 32 Total Responses 100% 99 Do you plan to renew your lease upon expiration? No C14.1% Not sure 32.3% 053 Have you ever considered expanding in your current location? Value Percentage Yes 31.6% 37 No 68.4% 80 Total Responses 117 Have you ever considered expanding in your current location? If yes, would you need financing for the expansion? Value Percentage Yes 43.2% 16 No 56.8% 21 Total Responses 37 If yes, would you need financing for the expansion? 4 Yes 43.2% Exhibit 14-A Do you have any current plans to move your operation? Value Percentage Yes 12.0% 14 No 88.0% 103 Total Responses 100% 117 Da you have any current plans to move -your -operation? 05 A Exhibit 14-8 If planning to relocate your business, where would you move? Value Percentage Stay in current city 50.0% 7 another City in the Coachella Valley 35.7% 5 Another area in Riverside County 7.1% 1 Move to another area in California 7.1% 1 Move to another state 0.0% 0 Total Responses 100% 14 If planning to relocate your business, where would you move? Percentage Stay in current city another City in the Another area in Move to another area in Move to another state Coachella Valley Riverside County California Exhibit 15 Primary reason (s( for relocating: Value Percentage Lack of busines 16.7% 4 High operating costs 12.5% 3 Lifestyle change 0.0% 0 Climate/weather 0.0% 0 Need more space 20.8% 5 Improve access to customers 20.8% 5 Improve access to qualified employees 8.3% 2 Improve access to suppliers 4.2% 1 Government Regulations 0.0% 0 Other 16.7% 4 Total Responses 100% 24 Primary reason (s( for relocating: .-16.7% __ - _ _ __ _ 16.7% _ 125%. _ --� --- — ® T _® Sces S� aaye -ssea �`oe' co e. co'V coI's 1�°'c' ,pe le J Exhibit 16 will your company lay off any employees in the next 12 months? Value Percentage Yes 7.7% 9 No 92.3% 108 Total Responses 100% 117 Will your company layoff any employees in the next 12 months? / I Yes 1 No 7.7% 92.3% i 05 J5 Exhibit 17 _ Does your company plan to hire any additional employees in the next 12 months in the following classifications? (Please check all that apply) Value Percentage Unskilled 8.5% 10 Semi -skilled 25.6% 30 Skilled 35.9% 42 Clerical 14.5% 17 Professional/Management 15.4% 18 Total Responses 100% 117 Does your company plan to hire any additional employees in the next 12 months in the following classifications? (Please che�f#,Vl+at apply) 14.5% Professional/ an Skilled&11agement 300%35.9%Unskilled 85%mi-skilled 25.6% Exhibit 18 What occupation classification do you anticipate will have the greatest demand in the next 5 years at your company? Value Percentage Unskilled 3.9% 5 Semi -skilled 20.3% 26 Skilled 44.5% 57 Clerical 8.6% 31 Professional/Management 22.7% 29 Total Responses 100% 128 What occupation classification do you anticipate will have the greatest demand in the next 5 years at your company? Clerical Professional/ 8.6% Management 39.4% tik Unskilled 3.9% Semi -skilled 20.3% Exhibit 19 Does your firm have difficulty recruiting any of the following workers? (Please check all that apply) Value Percentage Unskilled 5.7% 4 Semi -skilled 10.0% 7 Skilled 44.3% 31 Clerical 8.6% 6 Professional/Management 31.4% 22 Total Responses 100% 70 Does your firm have difficulty recruiting any of the following workers? (Please chec ,qjtW apply) 5.7% Semi -skilled Professional/ 10.0% Management 29.2% Clerical 5kllled 8.6% 44.3% 05:6 Exhibit 20 Which of the following recruitment methods do you typically use? (Please check all that apply) Value Percentage Hire from within 21.3% 50 Internet 19.1% 45 Job Fair 6.0% 14 Networking/Industry Organizations 12.8% 30 Newspaper 15.7% 37 Schools & Colleges 8.9% 21 Workforce Development Centers(State/Local) 2.6% 6 Temporary Employment/Staffing Agencies 3.8% 9 Other 9.8% 23 Total Responses 100% 235 Which of the following recruitment methods do you typically use? (Please check all that apply) i .c b' c a3` esc bra �\c Qa� ors "s°co osac, Ct�,oes to �e� os�c de3s `o �os� tie�p 3 Exhibit 21 Does your company hire youth, age 16 - 21? Value Never Rarely Occasionally Frequently Percentage 23.9% 28 29.1% 34 35.0% 41 12.0% 14 Total Responses 100.0% 117 Does your company hire youth, age 16 - 21? Never, 23.9% Frequently . Occasionally 12.0% 35.0% Exhibit 22 Would your company be interested in placing interns in your workplace? Value Percentage Yes 36.7% 40 No 63.3% 69 Total Responses 100.0% 109 Would your company be Interested in placing interns in yourworkplace? Yes / 36.7% ( 05 7 Y No 633% Exhibit23 Does your company use its own employees to provide training? Value Percentage Yes 93.9% 107 No 6.1% 7 Total Responses 114 Does your company use its own employees to provide training? s�}y -23.13 Exhibit 24 Are there any skills that you find vocational training programs don't teach or need more emphasis in this community: (please check all that apply( Value Percentage Math 15.0% 24 English 18.8% 30 Basic lob Skills 18.1% 29 Computer 16.9% 27 Customer Service 25.6% 41 Other 5.6% 9 Total Responses 100.0% 160 Are there any skills that you find vocational training programs don't teach or need more emphasis in this community: (please check all that apply( 25.6% 16.8% 18.1% 16.9% 15.0% ' 5.6% Math English Basic lob Skills Computer Customer Service Other Exhibit 25 would your company be interested in collaborating with the local high schools, workforce development centers and colleges/universities to develop more effective career/technical training or educational programs for students? Value Percentage Ves 40.4% 44 No 59.6% 65 Total Responses 100.0% 109 Would your company be interested in collaborating with the local high schools, workforce development centers and colleges/universities to develop more effective career/technical training or educational programs for students? es j No 40.4% 59 6% I I 05:3 Exhibit 26 - A In the last three (3) years have you had contact with any city or county Value Percentage Yes 70.1% 82 No 19.7% 23 Notsure 10.3% 12 Total Responses 100% 117 In the last three (3) years have you had contact with any city or county departments? Exhibit 26 - B If yes, how would you rate your experience? Value Excellent Good Neutral Poor Very Poor No C19.7% n;: lNat sure / 10.3% Percentage 26.83% 22 46.34% 38 14.63% 12 7.32% 6 4.88% 4 Total Responses 100% 82 If yes, how would you rate your experience? ._ -1463% Excellent Good Neutral Poor Very Poor Exhibit 27 Do you Import or export merchandise? Value Yes No Percentage 11.1% 13 88.9% 104 Total Responses 300% 117 Do you import or export merchandise? Cyes N'o: 11.1% 88.9% , Exhibit 27 - a Do you use a customs broker? Value Yes No Percentage 18.2% 2 81.8% 9 Total Responses 11 Do you use a customs broker? yes No 18.2% ova% Exhibit 27 - C Are you familiar with the Foreign Trade Zone? Value Yes No Exhibit 28 Percentage 9.1% 1 90.9% 10 Total Responses 11 Are you familiar with the Foreign Trade Zone? yes 9.1% No 90.9% There are a number of local business assistance programs available to local companies; would you like to be contacted about any of the following programs/services? (Please check all that apply) Value Percentage Foreign Trade Zone 2.1% 1 Enterprise Zone 14.6% 7 iHub 6.3% 3 CalWorks 10.4% 5 Workforce Development Centers (Employment Services) 14.6% 7 SCORE (Counselors to America's Small Business) 14.6% 7 SBA (Small Business Administration 18.8% 9 Chamber of Commerce 18.8% 9 Total Responses 100% 48 There are a number of local business assistance programs available to local companies; would you like to be contacted about any of the following programs/services? (Please check all that apply) 18.8% 18.8% 14.6% 14.6% 14.6% aim. 10.4% . - __ 6 3%_ ➢. — ._ _ _ r Foreign Trade Enterprise iHub CalWorks Workforce SCORE SEA (Small Chamber of Zane Zone Development (Counselors to Business Commerce Centers America's Administration (Employment- Small Services) Business) OJ�� rzq Staff Report Subject: Resolution in Support of Daily Sunset Limited Passenger Rail Service Contact: Allyn Waggle, Deputy Executive Director (awagele(Mrvaa.org) Recommendation: Adopt the Resolution Background: At their meeting in October 2010 the Executive Committee accepted the 2010 Update to the Coachella Valley Passenger Rail Study. The update was undertaken with substantial input from the Riverside County Transportation Commission (RCTC). At that meeting the Executive Committee approved the following staff recommendations:. A. Encourage Establishment of Daily Intercity Rail Service by Amtrak as the Intermediate Goal of bringing Passenger Rail Service into the Coachella Valley, and; B. Encourage Amtrak to operate a Daily Sunset Limited passenger service on the Burlington Northern Santa Fe tracks from Los Angeles, through Fullerton, to Colton. At their February 2011 meeting the RCTC staff presented a report on rail matters that affect the RCTC service area, including the Coachella Valley. The staff report from that meeting is attached. Among the actions recommended was the adoption of a Resolution in support of Amtrak's Sunset Limited Plan to Provide Daily Intercity Rail Service from Los Angeles to San Antonio, via the Coachella Valley. In support of the efforts of RCTC, and in keeping with the earlier action of CVAG's Executive Committee, attached is a CVAG Resolution In Support of Amtrak's Sunset Limited Plan to provide Daily Intercity Rail Service from Los Angeles, California, to San Antonio, Texas, via the Coachella Valley. Fiscal Analysis: There is no significant cost anticipated from this recommendation. 0511 -100- Resolution No. 11-003 Resolution In Support of Amtrak's Sunset Limited Plan to provide Daily Intercity Rail Service from Los Angeles, California, to San Antonio, Texas, via the Coachella Valley WHEREAS, Amtrak currently operates the Sunset Limited intercity passenger train three days a week with service between Los Angeles and the Coachella Valley in Riverside County; and WHEREAS, Amtrak has developed a Performance Improvement Plan that will increase the service frequency to occur daily in the Coachella Valley and will reroute the Sunset Limited to provide new service via Riverside and Fullerton: and WHEREAS, there is strong local support to expand existing and establish new intercity rail passenger service in the Coachella Valley and the Banning Pass area; and WHEREAS, the Coachella Valley and the Banning Pass area are experiencing rapid population growth and demand on this route will continue to increase; and WHEREAS, no other public transit options exist between the Coachella Valley and Los Angeles; and WHEREAS, expanded and new intercity passenger rail service to the Coachella Valley will ease congestion on local roads and freeways, provide new economic opportunity and improve mobility and the quality of life in the inland Empire; and WHEREAS, both expanded daily service or new service to the Coachella Valley would use the Burlington Northern Santa Fe (BNSF) route between Los Angeles and Colton, and the Union Pacific route from Colton to Indio; and WHEREAS, the implementation of this service will require the cooperation of both the Union Pacific and BNSF railroads to operate trains over the host railroad rights of way; and WHEREAS, the Riverside County Transportation Commission has some limited contractual rights with the railroads that it will use to support the expanded service. 0512 -101- NOW, THEREFORE BE IT RESOLVED that the Coachella Valley Association of Governments does hereby endorse and support Amtrak's Performance Improvement Plan to establish daily Sunset Limited intercity rail service between Los Angeles, California, and San Antonio, Texas, via the Coachella Valley. IN WITNESS WHEREOF, the parties hereto have caused this Resolution Number 11-003 to be executed by their duly authorized representatives on this date: 12011. ATTEST: 0 Tom Kirk, Executive Director 0 CVAG Yvonne Parks CVAG Chair -102- 0513 Page I of 3 Subj: Details About Thursday Video Conference Date: 3/15/2011 11:40:11 A.M. Pacific Daylight Time From: mckenziet7o cacities.oro To: mckenzie aC )cacities.oro CC: CarriggD(a)cacities.org, bismarck(o)cacities.org, espiegel(o)cacities.org TO: Board of Directors FROM: Chris McKenzie RE: Details About Thursday Video Conference FYI, this is the invitation we have sent out to the membership to the special budget update video conference we have scheduled for Thursday at 1:30 - 2:30 p.m. where the CRA proposal will be discussed. Based on the input from a number of board members, we are then going to conduct a survey of mayors and council members on the proposal. By the way, we can accommodate as many officials as want to join us for the event, but only city elected officials will be able to complete the survey. Please let me know if you have any questions. Thanks. LEAGUIIE I C[T[ ES TO: Mayors, Council Members and City Managers FROM: Jim Ridenour, President and Mayor of Modesto Chris McKenzie, Executive Director DATE: March 15, 2011 RE: Invitation to Special Budget Briefing and Discussion of Proposed Alternative(s) to the Governor's Proposal to Eliminate Redevelopment Agencies on Thursday, March 17, 1:30 - 2:30 p.m. PREREGISTRATION REQUIRED! You Are Invited to March 17 Budget Video Conference. The League board of directors invites you to participate in a FREE video conference for city mayors, council members and city managers this Thursday, March 17, 2011, from 1:30 - 2:30 p.m. for an update on the status of budget negotiations, answer your questions via email, and seek your feedback via online survey on a legislative proposal that has emerged that could create an alternative to the Governor's proposal to abolish redevelopment agencies and illegally divert redevelopment funds. The League board of directors will receive the results of the surrey so they can be used in making a decision about a possible League position on the proposal. The panel will include: Chris McKenzie, Executive Director; Dan Carrigg, Legislative Director; and Betsy Strauss, Special Legal Counsel. How to Participate. Mayors, Council Members and City Managers must pre -register at www.cacities.ora/events and be sure to provide an email address in order to receive the viewing instructions. Please test your computer system to allow streaming video/audio prior to the live event by going to this sample webcast / Background. The Governor's proposed budget called for the elimination of redevelopment agencies, effective July 1 of this year, and the transfer of $1.7 billion to the state for funding trial court and Medi-Cal expenses. In future years, it would allocate the amount remaining in any year after scheduled and allowable RDA debt payments to schools, cities, counties and non- OK4 Tuesday, March 15, 2011 AOL: Terry I Henderson Page 2 of 3 enterprise special districts. The League contends this controversial proposal violates Prop. 22 and other parts of the state constitution. Recently the League board of directors voted to oppose the proposed state budget unless amended to remove or modify the Governor's RDA proposal in a way that complies with Prop. 22. If this does not happen, the board has authorized League participation in litigation challenging the proposal's constitutionality. Preparation for that lawsuit is underway now. While no one can guarantee the success of the litigation, attorneys advising the League believe the Governor's proposal will likely be struck down on one or more constitutional grounds. Proposed CRA Alternative. Many city officials and legislators who are concerned about the devastating impacts of the Governor's RDA proposal have been asking both the League and the California Redevelopment Association (CRA) to develop an alternative that balances the protections of Prop. 22 with the reality of the current legislative debate. The CRA has proposed an alternative to the Governor's RDA proposal that entails voluntary payments by RDAs to local schools (not the state) serving project areas in exchange for extensions in the duration of RDA projects. Attorneys believe the legislation is likely consistent with Prop. 22. Here is the CRA's overview of their proposal: Within 60 days of the enactment of the bill, RDAs may choose one or both of the following options: 1) Voluntarily suspend their housing set -aside for FY 2011-12 and donate an equivalent amount of funds to their local school districts in project areas for that year only. In exchange for this contribution of funds for FY 2011-12 to local schools, the agency will be allowed to extend the project area's life by TWO YEARS; and/or 2) Voluntarily contribute up to 10 percent of their tax increment revenue stream to local school districts serving the project areas for up to 10 years, beginning in FY 2011-12. The tax increment revenue stream they could contribute would be calculated as a percentage of the gross tax increment minus the existing pass -through payments to local taxing entities. For each percentage of tax increment paid to schools, an additional year could be added to the project area life, up to a maximum of 10 years. For example, if five percent of tax increment was dedicated to schools, the project area life could be extended for five years. The amount of money contributed to local schools, and thus the amount of money the state can save in its general fund budget, is dependent on the participation of agencies. The state may use this funding to offset its Prop. 98 funding obligation to schools. Benefits: . CRA conservatively estimates that the alternative could raise more than $2.7 billion over the 10-year life of the proposal, far exceeding the $1.7 billion in the Governor estimates that could be gained by eliminating redevelopment. . Much of these funds (estimates range from $700 million to $1 billion) would be a one-time upfront payment that could help bridge the FY 2011-12 budget gap. . This measure replaces the draconian and short-sighted proposal to abolish redevelopment. Local communities would continue to have redevelopment as a tool to create jobs, build affordable housing, and revive local economic growth. Issues for Consideration. The League board is interested in feedback from elected officials on whether the board should consider supporting this proposal if indeed it begins to move in the legislature. While efforts have been made to make the proposal consistent with Prop. 22 which prohibits legislative mandates of such payments but does not prohibit local agencies making such payments voluntarily in exchange for project extensions, it does set a precedent shortly after the enactment of Prop. 22 that needs to be considered. Some issues and questions that we urge city officials and the League board to consider are: 1. Is the CRA Alternative Better than the Risk of Litigation? While our attorneys believe the 0515 Tuesday, March 15, 2011 AOL: Terry I Henderson Yage 9 of S chances are good that the court will stay the law's effective date until the court can rule on the merits of the case, the risks of the litigation include cost (well over $100,000 for the initial petition and case), a possibility (perhaps limited) that a stay will not be granted to prevent the law from taking effect, and a slow- down in redevelopment activity, bond issues, developer agreements and projects until the lawsuit runs its course. Moreover, some agencies are planning for employee lay-offs if the threat of the legislation is not lifted, affecting the layoffs of thousands of talented staff members. 2. Does it set an Undesirable Precedent? Will such a proposal effectively reward the state, opening the door to similar proposals in the future to secure similar "voluntary" payments, including project extensions that in the past did not require payments? 3. Does the Extension of Projects Areas Provide A Valuable Benefit in Return? Many city officials will argue that project area extensions are valuable benefits of this proposal and worth the cost of the voluntary payments to local schools. 4. Should We Help the State in Its Hour of Need? While state government has not been a good example of fiscal prudence and RDAs and cities have been compelled to make billions of such payments in the past, the state provides essential services that Californians need, including higher education, health care, K-14 education, etc. Moreover, it is often said that the state could fire every state employee and still not close its $26 billion deficit. Some city officials have argued that local redevelopment agencies should help the people of California in this hour of need. Does the Proposal Violate the Spirit of Prop. 22? While the proposal may be legal, some may feel it violates the intent of Prop. 22 by sending local redevelopment funding to schools and indirectly benefit the state general fund (which can offset it against the state's Prop. 98 obligation). On the other hand, some would argue that if the money is going to go somewhere it is better that the funding goes to local schools in order to ensure they avoid further cuts in the future. 6. Risks of the Legislative Process Always Exist. The legislative process always entails the risk that a proposal will not emerge at the end that even remotely resembles the initial proposal. While this may be true, supporters always have the option of withdrawing support due to subsequent changes and pursuing litigation if the measure is unconstitutional. There may be other political and policy considerations as well. Elected Official Survey. At the conclusion of our program on Thursday, elected officials are welcome to participate in our opinion survey on this issue. You will be given instructions on how to do so. Thank you. We hope you can join us on Thursday. Tuesday, March 15, 2011 AOL: Terry I Henderson REPORTSANFORMATIONAL ITEM: (S MINUTES HISTORIC PRESERVATION COMMISSION MEETING A Regular meeting held in the Study Session Room at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 20, 2011 This meeting of the Historic Preservation Commission was called to order at 3:03 p.m. by Chairman Wright. I. CALL TO ORDER A. Pledge of Allegiance B. Roll Call Present: Commissioners Maria Puente, Peggy Redmon, Archie Sharp, Allan Wilbur, and Chairman Robert Wright Absent: None Staff Present: Planning Manager David Sawyer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, and Secretary Monika Radeva II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: It was moved and seconded by Commissioners Puente/Wilbur to approve the minutes of November 18, 2010, as submitted. Unanimously approved. V. BUSINESS ITEMS: A. Paleontologic Sensitivity Assessment Report — Tentative Tract Map 36279 — a request of Pedcor Commercial Development for an 11 tract 05i-1 Historic Preservation Commission January 20, 2011 map located at the southwest corner of Avenue 51 and Madison Street. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Planning Department. Commissioner Wilbur asked what measures were in place to monitor disturbances. Staff replied it would be up to the tribal monitor's discretion to identify if there have been any disturbances and to investigate them further if necessary. Staff explained the tribal monitor would determine what areas needed to be monitored during the grading process based on the approved grading plan. There being no further discussion, it was moved and seconded by Commissioners Puente/Redmon to adopt Minute Motion 2011-001, approving the Paleontologic Sensitivity Assessment Report for Tentative Tract Map 36279, as submitted. Unanimously approved. B. Introduction and La Quinta Historical Society Update from Linda Williams, President Chairman Wright introduced Linda Williams, President of the La Quinta Historical Society (LQHS) and asked for an update. Ms. Williams said the Historic Preservation Commission and the LQHS used to be the one and the same at the beginning. She said when the La Quinta Museum used to be a historical museum only, the LQHS was responsible for managing it. However, since it had become a cultural museum as well, it was now managed by Museum Manager Johanna Wickman. Ms. Williams passed out the LQHS mission statement and newsletter. She noted the letter announced the museum's current exhibits as well as any upcoming events and programs. She explained the LQHS was still closely involved with the museum's activities, it conferred with the Museum Manager regarding the exhibits and programs offered, was in charge of maintaining the historical collection, and raised funds for the museum that are used for exhibits as well as for purchasing archives. LQHS goal was to educate the community, provide programs, and ensure the history of the community was available to the public. She said the current exhibit at the museum was a dinosaur 051.8 -2- Historic Preservation Commission January 20, 2011 exhibit which would remain for approximately six months and would open on February 4, 2011. Ms. Williams said the Museum held open house events October through April on the first Friday of the month, from 5:00 p.m. until 7:00 p.m., and there was no admission charge. She gave an overview of the last two events and what was to follow in the upcoming months. Ms. Williams said that at the request of the LQHS board, Chairman Wright had spoken at one of the board meetings, as the board felt that both organizations had common interests and goals, and wanted to find out in what ways they could help and support one another for current and future projects. Ms. Williams said she was very pleased that the HPC had invited her to speak at the meeting and was looking forward to partnering in any way possible. Discussion followed regarding the opening of the La Quinta Museum and its history, the walking tour, obtaining plaques to mark the historical sites in the city, school programs that are in place to educate children, story time at the Museum, etc. Staff explained the difference between the La Quinta Historical Resources Survey and the Historic Register, and the qualifying criteria and process for local, state, and national levels. Discussion followed regarding several qualifying sites within the city and identifying the La Quinta Cove as a historic district. Chairman Wright said the Commission was looking forward in partnering and working together with the LQHS as well as the La Quinta Museum. Ms. Williams gave a brief overview of the museum's upcoming events and activities over the next several months. She said the second level of the museum was taken by the dinosaur exhibit, but the lower level always displayed historical information and artifacts. Chairman Wright said the next Historical Preservation Commission Meeting was scheduled to be held at the La Quinta Museum on February 17, 2011. 05 A -3- Historic Preservation Commission January 20, 2011 VI. CORRESPONDENCE AND WRITTEN MATERIAL: A. Discussion regarding the 2011 California Preservation Conference — Santa Monica, California — May 15-18, 2011. Staff said the Commission will be provided with the class schedule and Conference information during the next regularly scheduled meeting and the Commissioners will be asked to confirm their attendance at that time, so that staff can make the necessary arrangements and travel reservations. Discussion followed regarding possible travel arrangements. VII. COMMISSIONER ITEMS: A. Quarterly Attendance Update. VIII. PLANNING STAFF ITEMS: A. Copy of 2009-2010 Certified Local Government (CLG) Annual Report. Discussion followed regarding possible events and receptions that could be held at some of the historic sites to educate people and promote the different programs and activities the city, the LQHS, and the Museum are working on in order to attract resident support. Commissioner Puente asked who was responsible for the General Plan Update, and for an update on the curation project, and the Context Statement. Staff said the General Plan Update was being handled by city staff with the consultation services of Terra Nova Planning and Engineering, Inc. Staff said the other two items would be put on the agenda so that the Commission could be provided with the relevant update information. Commissioner Puente asked why the City of La Quinta did not qualify for the CLG grant last year. Staff replied that a clear explanation was not provided. Staff said there would be a discussion regarding the possibility of submitting two separate applications for the CLG grant and independently targeting the curation project with one of them. 0 YA Historic Preservation Commission January 20, 2011 IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Puente/Redmon to adjourn this Meeting of the Historic Preservation Commission to the next Meeting to be held on February 17, 2011. This meeting of the Historic Preservation Commission was adjourned on January 20, 2011, at 4:05 p.m. Unanimously Approved. Submittel by Monika Radeva Secretary 05?1 -5- REPORTSANFORMATIONAL ITEM: q MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA December 14, 2010 CALL TO ORDER Vili315111 � A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson. ABSENT: None STAFF PRESENT: Planning Director Les Johnson, City Attorney Kathy Jenson, Assistant Planner Eric Ceja, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Weber/Barrows to approve the minutes of November 23, 2010 as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Conditional Use Permit 2009-122: a request by WFI, Inc. for Sprint for consideration to allow for the co -location of three panel antennas, three microwave antennas and one equipment cabinet for an existing telecommunication monopalm tower located at 77-865 Avenida Montezuma in the Desert Recreation District's La Quinta Community Park. 1. 05 ., ? Planning Commission Minutes December 14, 2010 Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Weber noted a portion of Condition No. 15 had been complied with, but asked what items were outstanding. Staff responded the palm frond bark was done, but the building still needed to be repainted. Commissioner Weber asked if there was a condition to replace the palm fronds. Staff responded no. Commissioner Weber asked if all the cabling would be interior to the pole structure. Staff said yes. Commissioner Weber asked if the tower would be a huge visual issue. Staff explained that the placement of the microwave antennas would minimize the visual impact. Commissioner Weber asked if the applicant was actually only adding three microwave antennas. Staff said correct, as there were no microwave antennas currently.on the tower. Commissioner Barrows asked for clarification of the wording on Condition No. 15 Discussion followed clarifying Condition No. 15 in the staff report, versus that shown in the PowerPoint, with staff confirming the condition in the staff report was correct. Commissioner Barrows asked if Condition No. 12 required painting the building and had the applicant already replaced the palm fronds. Staff said no, they had not replaced the palm fronds. Commissioner Weber suggested that should be included. Planning Director Johnson presented information on what had been done on the site and what the final outcome was proposed to be. He said the conditions had addressed key issues of both safety and -2- Planning Commission Minutes December 14, 2010 aesthetics surrounding the site and tower, including painting the microwaves as proposed and conditioned. Those steps should eliminate any aesthetic issues. Chairman Alderson asked if there would be additional pieces of equipment on top of the tree which would necessitate additional fronds. Staff said all they were adding was three vertical antennas and the microwaves. Commissioner Quill commented on the following items: • The paint color of the buildings should match the off-white color on the two nearby buildings. • The fascia and all the woodwork, as well as the eves, be painted to match the accent color on the eves of the main building. • The conduits, wrapping around the building, be placed in a painted, stuccoed raceway. • The existing wrought iron fencing be painted. Staff pointed out, Condition No. 13 stated the wrought iron fencing be painted black. Commissioner Wilkinson asked what would happen if the towers became obsolete. Staff explained how a conditional use permit worked and what recourse there was if this happened. Commissioner Quill asked if the Desert Recreation District was happy with the agreement. Staff said they were fine with it. General discussion followed regarding the clause in Condition No. 21 which stated "...This permit shall expire on December 14, 2012." Staff explained the intention of that condition. Chairman Alderson commented on the following items: • Conditional use permits allow the City the right of revocation if conditions are not met; echoing earlier discussion about obsolescence. -3- Planning Commission Minutes December 14, 2010 • The weeds be removed and enough ground cover gravel be used to deal with any future problems. • The roof tile on the southeast corner be repaired. City Attorney Jenson responded by saying, if the applicant violates any of their conditions, there's a process for that, and if they stop using the tower it will automatically cease under the Code and would have to be removed. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak. Mr. Mike Sloop, Employee of WFI, a Consultant representing ClearWire and Sprint Communications, 6170 Cornerstone Court East, Suite 200, San Diego CA 92121, introduced himself and stated the applicant had no issues with either the staff or Commission conditions. He added that moving any interior pieces would be difficult because the room inside the shelter was limited, but there was no problem with any of the other suggestions. He then commented on the additional exhibit distributed to the Commission. Chairman Alderson asked about the tower service area and Mr. Sloop responded about a mile and a half radius. He then gave an explanation of radio signals and ground and building interference. Commissioner Weber asked about RF and EMF frequencies near a playground. Mr. Sloop said in general the local jurisdictions were pre-empted by the FCC in terms of radio frequency signal hazards. He went on to give a breakdown of the frequency calculations. Commissioner Weber was concerned about the history of this site and the lack of maintenance. He suggested Mr. Sloop carry their concerns back to the owners, which Mr. Sloop confirmed he would. General discussion followed regarding conditional use permits (CUP), their time of issue and if this would be coming back to the Commission. 051,15 Planning Commission Minutes December 14, 2010 Staff responded it would be allowed in perpetuity and would not come back to the Commission unless directed, or if there were an issue that warranted consideration for possible revocation. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2010- 023 recommending approval of Conditional Use Permit 2009-122 with conditions submitted, as well as the following additions to Condition No. 12: • The building be painted a color to match the adjacent structures. • The fascia and eaves be painted to match the accent colors on the fascia and eaves of the adjacent buildings. • The weeds be removed from around the building and appropriate gravel groundcover be placed to prevent future weed growth in those locations. • The roof tile be repaired. • The conduits on the outside of building be relocated either to the inside of the building or be done, in some other appropriate manner, to improve their appearance. Unanimously approved. VI. BUSINESS ITEM: A. Appeal of Findings and/or Conditions (APP) 2010-005: a request by Dennis O'Sullivan for consideration of appeal of Director's determination that a commercial golf car sales facility is not a permitted use in a Golf Course (GC) Zoning District. This determination refers specifically to a location on the southeast corner of Westward Ho and Jefferson Street. O5 0 11110 Planning Commission Minutes December 14, 2010 Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Commissioner Quill wanted clarification on why this use was not allowed since this site previously accommodated golf course uses. He asked if it was because that's the way the Zoning Ordinance was written and a general plan amendment needed to change it. Staff responded the issue was not site specific issue. It was a matter of the Golf Course Zone District and the allowances within that district specifically only in conjunction with a golf course clubhouse. This property is independent of the golf course. Staff then explained the history of the site and why this matter was being brought before the Commission. General discussion followed as to the process the applicant should have followed and the subsequent denial. Staff told the Commission that the previous and current owners had been advised of what could, and could not, be allowed on this property. Staff then stated the only additional suggestion they could offer for consideration would be as a conditional use; if the Commission felt that that was a viable option. General discussion followed on the current blighted state of the parcel, the history of the parcel's use and owners, what surrounds it, and viable uses of the parcel. Commissioner Quill asked if there was access to this property. Staff said yes. General discussion followed on allowable uses if applications were made for a general plan amendment and zone change. Staff included comments that their position had been taken under the current zoning of the property; in that a retail establishment is not a permitted use in the Golf Course Zone. General discussion followed on the application, previous functions of 05 2 .1 Planning Commission Minutes December 14, 2010 the property, and alternative courses of action the applicant could have taken. Chairman Alderson asked if there was an adequate amount of parking available. Staff responded there was probably enough space to accommodate parking on the south side. Staff then commented on the asphalt on the north side of the parcel and the existing driveway. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to speak. Mr. Dennis O'Sullivan 74-741 Joni Drive, Suite B, Palm Desert CA, introduced himself and said he felt this was an ideal location to have a golf cart dealership. He explained he had been working with Electric Car Distributors and mentioned the importance of this site including the Jefferson Street access for those coming in off of the 1-10 Freeway. He then commented on the high -end type of product he would be offering. He said this would be a sales -only facility, with no service. He has a service facility in Palm Desert that would continue to exist. Mr. O'Sullivan said the entrance on the north side of the parking lot would not be used. He also said he had spoken with most of the residents on Westward Ho, and received several endorsements which had been included with the staff report. Mr. O'Sullivan commented on the Table of Permitted Uses and the notation of golf cart paths which would include golf carts. Commissioner Weber asked the applicant if he had explored the opportunity of having his golf cart dealership at the Indian Springs Clubhouse. Mr. O'Sullivan said he had not explored that possibility. He then asked about an earlier comment about circumventing the process. Commissioner Weber explained that the applicant should have gone through the process of completing the appropriate applications as opposed to challenging the Planning Director's denial and then bringing his request to the Commission. -7- Planning Commission Minutes December 14, 2010 Mr. O'Sullivan said he was just doing what he was instructed in his denial letter. General discussion followed regarding the procedures which were followed. Chairman Alderson asked who the current property owner was. Mr. O'Sullivan said Howard and Hannah Park. There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. Mr. Robert Thomas Jr., 52-780 Velasco Street, La Quinta CA, introduced himself and said it would be very remiss to let this property go to waste. He said the City should be receiving revenues from this property and the sale of golf cars could provide that revenue. He gave examples of the cost of golf cars and the revenue they could generate, as well as an office building being a bad choice for that location. He pointed out that La Quinta is going in the direction of electric vehicle use and this dealership would be selling those vehicles. Chairman Alderson asked not just golf carts, but also electric vehicles? Mr. Thomas said no, and explained the predominance of electric golf carts becoming legal and the applicant will have street legal golf carts for sale. He added this could open up a whole new avenue for the City. He said this property is an eyesore and will continue to be if someone doesn't try to see a better use for this property. Mr. Neil Finch, Indian Springs Golf Club, 79-940 Westward Ho Drive, Indio CA — proprietor for Indian Springs Golf Club — gave some background on his purchase, and what was included in his golf course property. He thanked the City for cleaning up the blight on Jefferson and said this was the last remaining ugly parcel. He stated that he was in favor of allowing Mr. O'Sullivan to operate there. He gave his resume which included golf operations in several locations and provided anecdotal evidence that golf carts were usually sold as part of the golf industry's regular retail functions. He explained why this parcel could no longer function as a clubhouse and pointed out a possible access location which would require a right-in/right-out 05,09 M Planning Commission Minutes December 14, 2010 access. He added he could not think of anything that would tie into the area any better than a golf cart operation. He mentioned that the applicant could not sell golf carts from an unattractive building and would have to put a lot of care into this building. Ms. Marion Ellson — 80-082 Palm Circle Drive, La Quinta CA — introduced herself and said she was a resident of the nearby condominiums. She came to the meeting to obtain all the facts. She said the condominium residents' concern was about changing the zoning, and referenced a letter (in the packet) indicating they were not in favor of commercial zoning on that property. She agreed with Mr. Finch, that the corner was an absolute eyesore and something needed to be done with it. She suggested the residents would like to see the landscaping continue along Jefferson and commented on a small galvanized iron wall with a wire fence on top of it and how they would like to get rid of it. She said it was on City property and the City had a responsibility for seeing that area was landscaped. She added she did not have a violent opposition to the golf cart proposal, but the City needed to be careful about what options were opened up throughout the entire City in allowing something other than what was designated. Mr. Robert Cleveland — Westward Isle Condo Owner - 80-155 Palm Circle Drive, La Quinta CA — introduced himself and said he had a couple of objections to commercial zoning. One being what happens if it goes away. They did not want fast food or a 7-Eeleven to take its place. There are 28 condominiums there and those residents don't want any of those types of commercial businesses on that parcel. He said he was the Vice President of the Homeowners' Association and one of his members commented on some golf cart operations ending up looking like salvage yards, while re -conditioning carts. He also commented on their plans for a new entry and their concerns for a new monument. There being no further public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Discussion followed regarding on what basis the Director's determination was made and the need for a solution for this parcel. U 0530 Planning Commission Minutes December 14, 2010 Commissioner Quill recapped his concerns saying: • The adjacent residents don't want to see this zoned commercial. • If we allowed the applicant to submit a CUP we could include the appropriate conditions. • This blighted corner could be put to a legitimate, low -impact use and, additionally, provide electrical vehicles. • We could allow them to make this application for a CUP with some stretching of Golf Course zoning. He added that allowing the CUP could improve the situation, allow the applicant to use the property, and improve the situation for the neighbors. Planning Director Johnson pointed out Table 9.8, on page 15 — under Permitted Uses — Land Use - where it states "...other principal accessory or temporary uses not listed above...", and across from that, "Determination of Use." This was the information he used to make his determination on a permitted use. He suggested the Commission could consider that along with Section 9.20.040 and the three questions included in the second paragraph of the staff report. The Commission could utilize that information to make a determination that the proposed use could be considered as a conditional use in this district, making a determination on the land use. It would be the applicant's responsibility to submit the conditional use permit. Commissioner Barrows asked if in the options of a CUP, there was a way to specify for "golf course related use" and not "standard retail activity". Staff said yes. City Attorney Jenson said one other alternative would be to amend the chart in the Zoning Code, to authorize golf cart sales as a conditionally permitted use. You would have to initiate a zone change, but it would be for that specific use. If The Commissioners believe that it's an affiliated use, and it's an appropriate use for that, you could do it that way too. General discussion followed regarding golf cart sales, in the Coachella Valley, and golf carts sales in conjunction with clubhouse operations. .11. 0531 _10- Planning Commission Minutes December 14, 2010 Commissioner Quill said this was an isolated scenario and shouldn't require changing the Zoning Ordinance. Commissioner Barrows said she would feel more comfortable with a zoning ordinance since it provided more restriction and would not open the door for other retail uses. Staff responded, another option would be to address this issue specifically tonight and then later talk about the possibility of re- visiting that and golf -specific items that the Commission believes are appropriate activities allowed in that zoning district. The Commission could direct staff to come back with changes at a later date. Chairman Alderson asked the City Attorney about including uses on the chart in lieu of a conditional use permit, or amending the general plan and zoning ordinance. City Attorney Jenson said if the chart were broadened then a decision would have to be made whether it would be designated a "P" (Permitted), or a "C" (Conditioned). Commissioner Quill responded a „C .11 Chairman Alderson asked if that would still allow the Commission to re -visit the project, when designed, and be able to make comments. City Attorney Jenson said yes, it would have to come forward. Chairman Alderson commented that there wouldn't be a need to amend the general plan. City Attorney Jenson said no, but the Commission could approve this type of use as another principal use, not listed, and if it meets all of the criteria listed, the Commission would have the ability to do that even without modifying this chart. Staff said the key item is making sure that if the Commission wants to go that way, there are three findings in 9.20.040 which are consistent with the second paragraph of the staff report. Those three findings needed to be considered. General discussion followed on what had been discussed, the options 0532 -11- Planning Commission Minutes December 14, 2010 available to the Commissioners, the correct way to phrase the motion, and the agreement that the parcel was an eyesore. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Weber to adopt Minute Motion 2010-007 to uphold the Director's Determination, as submitted. Unanimously approved. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Minute Motion 2010-008 making the determination that the requested use is permitted in accordance with Section 9.020.040 as a conditional use for this site alone and recommended that staff bring back the Permitted Use Table, at a future meeting, to give the Commissioners the opportunity to make amendments. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. League of California Cities — 2011 Planner's Institute March 9-11, 2011 — Pasadena Hilton. A response was requested by January 7, 2011. VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting of December 7, 2010 presented by Commissioner Barrows. B. Chairman Alderson noted Commissioner Quill was scheduled to report back on the December 21, 2010, Council meeting but Planning Director Johnson offered to report on the meeting instead of the Commissioner. C. An updated 2011 Council Meeting schedule was distributed to the Commission showing Commissioner Weber is scheduled to report on the January 4, 2011 Council meeting, IX: DIRECTOR ITEMS: A. Responded to Commissioner Barrows' comment about the General Plan Update presented to Council. A copy of the draft minutes were given to the Council. Staff is now moving forward with the 12- 0533 Planning Commission Minutes December 14, 2010 incorporation of the comments and suggestions into the update process. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Quill/Weber to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on January 11, 2011. (Commission previously voted to go dark on December 28, 2010.) This regular meeting was adjourned at 9:14 p.m. on December 14, 2010. Respectfully submitted, Carolyn Walker, Executive Secretary City of La Quinta, California 0534 -13- REPORTS/INFORMATIONAL ITEM: MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 11, 2011 7:04 P.M. CALL TO ORDER A. A regular meeting of the La Quinta Planning Commission was called to order at 7:04 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. ABSENT: Commissioner Weber STAFF PRESENT: Planning Director Les Johnson, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: There being no comments, or suggestions, it was moved by Commissioners Wilkinson/Barrows to approve the minutes of December 14, 2010, as submitted. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. V. PUBLIC HEARINGS: A. Site Development Permit 2010-914: a request by the Rancho La Quinta Master Association - for consideration of a private dog park for the Rancho La Quinta community, to be located at the southeast corner of Orchard Lane and Mission Drive West — within Rancho La Quinta. 0535 Planning Commission Minutes January 11, 2011 Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if there were any questions of staff. Chairman Alderson asked if there were any concerns expressed by the neighbors. Staff said they had only received phone calls and letters in support of the project. Chairman Alderson asked what were the hours of operation and if the site, owned by the Coachella Valley Water District (CVWD), was not currently in use. Planning Director Johnson responded there was only a perimeter wall established and this was not an active well site. Chairman Alderson asked about long-term access for the applicant. Staff responded there was an arrangement between the applicant and CVWD that allowed this activity, but staff did not know the extent of time. There being no further questions of staff, Chairman Alderson asked if the applicant would like to speak. Mr. Bill Ivey — 78-665 Descanso Lane, La Quinta CA - Board Liaison for the Rancho La Quinta Dog Park Committee - introduced himself and said the hours of operation would be from sunup to sunset as the park was not going to be lit. He added that they have entered into a lease with the Coachella Valley Water District (CVWD) for a number of years. Mr. Ivey continued, saying there were many advantages to having a dog park at Rancho La Quinta, such as: • Providing an area where dogs can play and owners can socialize. • Providing a reduction of the number of homeowners and dogs walking on the private streets. • The consolidation of animals in an area where they can be controlled and their waste can be more efficiently handled. 0536 2- Planning Commission Minutes January 11, 2011 • The provision of an amenity to Rancho La Quinta in order to compete with nearby developments and enhance re -sales by the continuous upgrading of the value of the homes. Mr. Ivey encouraged the Commission to approve the park and then offered to answer any questions the Commissioners might have. General discussion followed on the Tipuana Tipu (Tipu) tree and its appropriateness for this environment. General discussion followed on the fountains, bike racks, sod, seating, and shade umbrellas being used '(until the Tipu trees matured). There being no further questions of staff, or comments from the applicant, Chairman Alderson asked if there was any public comment. No one in the audience requested to speak; however Chairman Alderson noted there were five letters of support included in the packet. There being no public comment, Chairman Alderson opened the matter for Commission discussion and closed the public hearing. Planning Director Johnson pointed out there was a memorandum from the Public Works Department given to the Commissioners prior to the meeting. Chairman Alderson asked if there was anything, in the memo, that would have any significant impact; construction -wise. Principal Engineer Ed Wimmer said the conditions of approval were actually more advantageous for the applicant; as the City was trying to foster and encourage recreational opportunities, and they were written to try to forward that goal. Commissioner Barrows asked for clarification of the new conditions from those submitted in the staff report. Principal Engineer Wimmer responded there were two elements. One involved the Building Code that went into effect on January 2, 2011 which required a stormwater pollution prevention plan for any project 0531 -3- Planning Commission Minutes January 11, 2011 below one acre, if it qualified for a building permit; which this project did. He added that even though the most recent national pollution discharge program requirements didn't require the stormwater pollution prevention plan, the brand new building code did. Principal Engineer Wimmer continued that the second major item was that when conditions were normally done for a project that had 50 cubic yards of earth work or more, a precise grading plan was required, and that entailed hiring a civil engineer licensed in the State of California. He said the applicant had hoped their project would qualify to be under that, allowing them an exemption, so that they wouldn't have to hire a civil engineer to do a precise grading plan. These updated conditions could afford them the opportunity to not hire the engineer unless it was absolutely required. He added that the City was complying with all the federal, state and local laws, but was trying to give as much consideration, as possible, to the applicant. There being no further questions or discussion, it was moved and seconded by Commissioners Quill/Wilkinson to adopt Resolution 2011- 001 recommending approval of Site Development Permit 2010-914 as conditioned in the staff report; and with the inclusion of the Public Works conditions noted in the memo submitted at the meeting. AYES: Commissioners Barrows, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: Commissioner Weber. ABSTAIN: None. VI. BUSINESS ITEM: None VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Final Coachella Valley Association of Governments — Non -Motorized Transportation Plan (NMTP) Update, September 2010. General discussion followed about the size of the area involved and the plan providing the ability to seek grant funds for future projects. Planning Director Johnson gave some background on the NMTP report and stated the matter would be going before the City Council, for consideration, on February 1, 2011. Commissioner Quill asked if staff had looked at this plan to make sure it wasn't in conflict with the general plan. ' 0538 Planning Commission Minutes January 11, 2011 Staff responded because the general plan was being updated, this plan would be taken as a base line. General discussion followed on what would follow once this plan was adopted by Council, as well as the possibility of funding opportunities. Planning Director Johnson said he would welcome any comments from the Commissioners for inclusion in the staff report to the Council for the February 1, 2011 meeting. He said, if they had comments, please get them to staff right away. VIII. COMMISSIONER ITEMS: A. Report of the City Council Meeting of December 21, 2010 presented by Planning Director Johnson. B. Report of the City Council meeting of January 4, 2011 by Planning Director Johnson. C. Chairman Alderson noted Commissioner Wilkinson was scheduled to report back on the January 18, 2011 Council meeting. IX: DIRECTOR ITEMS: A. Discussion of the California League of Cities Conference, March 9-11, 2011, Pasadena CA - car pooling and costs. X. ADJOURNMENT: There being no further business, it was moved by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on January 25, 2011. This regular meeting was adjourned at 7:49 p.m. on January 11, 2011. Respectfully submitted, Carolyn�Executive Secretary City of La Quinta, California 0530 -5- Department Report: (15 o`t Y�C WO�S�v SOFT TO: Honorable Mayor and Members of the City Council FROM: Bret M. Plumlee, Assistant City Manager —Management Services DATE: March 15, 2011 --l-e SUBJECT: Department Report Regarding Implementation Plan for the 2011 Coachella/Stagecoach Music Festivals City staff has been working over the past six months with the City of Indio (Indio) preparing for the 2011 Coachella/Stagecoach music festivals. These events will take place on April 15 to April 17, 2011, and April 30 to May 1, 2011. A third event has been added this year called the 'Big Four" (a heavy-metal concert), that will be held on Saturday April 23, 2011. This year Indio invited La Quinta Police and management staff to participate in a series of regularly scheduled traffic circulation and event planning meetings. Meetings have been taking place at the Indio Police Department every two weeks since the first of the calendar year. City staff has been able to review and provide comments on the proposed traffic plans with a focus on how the plans will impact La Quinta residents. Staff from La Quinta and Indio have also met separately to discuss the creation and distribution of a joint media plan, which will explain the impact on residents. The plan will include ingress and egress routes and times, suggested alternate routes and times, road closures, taxi locations and parent drop-off/pick-up locations. Joint press releases will be submitted by Indio and La Quinta, and full -page advertisements will run in The Desert Sun, which will be paid for by the City of Indio. Golden Voice (event promoter) has agreed to and entered into a reimbursement agreement with the City for certain road widening improvements to Avenue 50, which will take place just east of the intersection of Avenue 50 and Jefferson 0540 Street. In accordance with the reimbursement agreement, the first of three payments was recently made. Jim Curtis (Human Services Manager) from the City of Indio, will be making a brief presentation at today's City Council meeting regarding the joint media plan. 0541 Department Report: t G c&t,r4lw4uiRs MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Douglas R. Evans, Assist t City Manager — Development Services DATE: March 15, 2011 SUBJECT: Quarterly Marketing Report Per the City's contract with Furino/Greene Creative, the third Quarterly Marketing Report for Fiscal Year 2010-201 1 is attached. 0542 MARKETING PLAN Third Quarter Report of Fiscal Year 2010-2011 Implemented by F/G Creative, Inc. Local Advertising Campaign: Continued City of La Quinta's local Advertising Campaign promoting large-scale events and a "shop, stay, dine, play" message (this local campaign continues through June 2011). • Print Ads: Continued Desert Sun, La Quinta Sun, and Desert Entertainer ads (Attachment 1 -samples). • Magazine Ads: March/April 2011 issue of PD Style (Attachment 2). • Radio: Continued radio spots with changeable tags (Attachment 3) on KPSI-FM (Mix 100.5), KDES-FM, KJJZ-FM (Smooth Jazz), KPLM-FM (Big 106 Country), KDGL-FM Classic Rock (The Eagle), KNWZ (AM -FM) News - Talk, and KEZN-FM (EZ-103). Schedules include the following as "added value" to the City: 1) Tourism website link on the home page of each radio and TV station, 2) Sponsorships of either traffic, weather, news, or certain shows, 3) Bonus spots monthly with most stations providing 20+ bonus spots per month (meaning City spots are run above and beyond the broadcast purchase), 4) Promotional spots to promote the various sponsorships, for example, "This news break brought to you by the City of La Quinta, Gem of the Desert." • Internet Pay -Per -Click Campaign/Local: This online campaign, implemented in October 2010 and set to continue through May 2011, places La Quinta ads on Sponsored Links areas of search engines such as Google, Yahoo, and MSN. It uses pay -per -click marketing targeted to the Coachella Valley for keys words such as Dining and Shopping that drive traffic to the Tourism Website. 3 0543 Regional Advertising Campaign: • Internet Pay -Per -Click Campaign/Regional: This regional pay -per -click campaign was initiated in November 2010 and is set to continue through May 2011. It targets Adults in the main drive-in markets of Los Angeles, Orange County, and San Diego. The keywords center on Lodging/Hotels, Dining, Shopping, and Play (such as Golf, Hiking, Biking) and La Quinta's large-scale events by type and name. • Facebook "Fan Page": La Quinta's Facebook Fan Page now has over 1,600 "fans," and is continually updated to promote La Quinta happenings. Many positive comments by fans are posted regularly. It has proved to be an excellent interactive promotional tool. This quarter, a new program through Facebook has been instituted to garner more fans to the Fan Page. It constitutes a Facebook ad that targets the following demographics: Adults, 35+, in California, who like Travel, Travel to warm places, Dining, Shopping, Golf, Hiking/Biking, and who are NOT currently Fans. The Facebook ads are key in continuing to grow the City's fan base; to date, they have generated over 450 new fans. • Magazine Advertising/Regional (Attachment 4): - Alaska Airlines Magazine Ad: Continued to run the "Dining Destination" ad in the Palm Springs Area Co-op pages in this monthly publication, from December 2010 through April 2011. - Ad in Sunset Publication: Placed ad in special California Road Trips 2011 edition. Cooperative Program for City Businesses: F/G Creative has continued with meetings and correspondence providing opportunities to all previous partners and to several new prospective partners. Thus far, the businesses that have opted in on co-op advertising with the City this fiscal year include: Embassy Suites La Quinta, Las Casuelas Quinta, Okura Robato Grill & Sushi Bar, Old Town La Quinta, Rockin' Baja Coastal Cantina, La Quinta Arts Foundation, and the La 0544 n Quinta Auto Dealers. To date, Co -Op efforts include (the first three ads on the list were included in the previous marketing report): • Bob Hope Classic Program Ad • HITS Horseshow Program Ad • Airport Display Ad • Outdoor Billboard on 1-10 (Attachment 5) • BNP Paribas Tennis Tournament ads in Desert Sun (Attachment 6) • TV spots for La Quinta Auto Dealers Tourism Marketing: • PlayinLaQuinta.com Website: Events, as well as the shopping/dining map, continue to be updated. Revamping of the website has been initiated to make it more user-friendly and to better showcase La Quinta's stunning photography and key events. The newly redesigned website will be launched this spring. • I -Phone Application: The new "iPhone App" is set to premiere this month. The app is simple in design, targeted to visitors, tourists, and locals and showcases Shopping, Dining, Golf, and Special Events. It is free to download (Attachment 7 - sample of design). Once the app goes live, a line will be added to City advertisements (print, radio, website) to promote it: "Download our free City of La Quinta App for maps, events, and more!" In addition, residents will be informed via the Gem and City newsletter that the City has a new tourism app. Public Relations - Wrote, edited, and distributed press releases and provided follow-up to secure coverage of the following topics (Attachment 8): • January Events • February Events • March Events • Jurassic Encounters Exhibit at Museum • Shop with a Cop • First Friday 1 /7 • Valentine's Day Dining 0545 5 • Youth Festival (and subsequent cancellation notice) • Patricia Welch Performs at La Quinta Museum Frist Friday 3/4 In addition, F/G Creative crafted a media response to a query from KPSP-Local 2 on the new outdoor billboard, and pitched a "Healthy Living in La Quinta" story to the editor of La Quinta Sun. The billboard coop was picked up by KPSP-Local 2 via both a television news story and an article on their website. 05/40 ATTACHMENT So Many Ways to T ay -in La Quinta - Whatever your pleasure, you'll find plenty of reasons to come and enjoy the "Gem of the Desert - La Quintal" 45 - A > \ l lBob }lope classic lanVarry 17 ' 23 Classic is The 520d Annual Bob Hone uinto played on four ocnazing La OUR courses, featuriagn 1' T�FIR pro{euiona{s, ce{ebrit.es and omoieurfl BobHopeClassic.com 440t l3od & custom cor Sbosv ianuary 30, ttam • 9pm La Quinto Community Park,011 be lined with sleek botrads and custom curs for thi I" ev o t sponsored by the Chamber a{ Commerce. LQCrambercam �r� �Kt.l durOSSIC Encounter abibit \ Beginning February 4th! Lo Quinfa Museum This upcoming exhibit will feature realistic dioramas complete with two animotronic dinosaurs, dinosaur footprints — even an excavation site of dinosaur bones and on outdoor digging station! Exhibit runs February 4 , July 31, 2011. Admission is free! La-Quinta,org 0541 GEM of the DESERT — SoM.a.ny Ways to "Play" in La Quinta Whatever your pleasure, you'll find plenty of reasons to come and enjoy the "Gem of the Desert - Lo Quintal" r , rt Yam, Not Rod Custom car 56ow lanun+nta o m nits pafk witf Ca Qninia Cominuntty be tined with sleek hot rods and ,Custom tors for tkisfup event 6Ythe Ca Quinto Choinber o r~amtnetce. CQCilamber.tom ;Jolt Jurasslc Incounter Exh Opens Febroc" ttlirl to wide Museum This upcoming exhibit wlil feature realistic dtoro evenour e4cotlan: footprints e s;le of dlnosourbanesl�E}h2a1i. runs fettruarr 4 -July ,n sgiors is iteeI Ia.Quiotfl.arg a Live ROQ Concerts \ la Quinto Community Pork, 2 - 4pm Enjoy classic rock favorites) February 5 - Led lepplka fled Zeppelin agW eoco) February 12 . The Jimmy pole Bond trimmy BAlt tribute) February 14 . Which One's Pink (Pink Floyd tribute; February 26 - Stepping Feet Pete MoRhews Bond Inbute) — GEM cf 6,, C1ErSF.RT — visit PlayinLoQuinta.com Client: COLA Date: 1 /27/10 Job #: 1 1 COLQ4401 So Mau V Ways to T a" in La Quinta Whatever your pleasure, you'll find plenty of reasons to come and enjoy the "Gem of the Desert - La Quintal" :. - 7 k -r` La ASS festival March 10-13 Presenied by io Quinra Arts Fault t on, Civic noflonA-recogni$d fesfivalheld at the 's v atl Center Campus features over 230 artists ment as live entertain, food, and w+ne. Ranked 3rd ;n the nabo01 LQAF.com -taste 04 ba Quin"I Old Tow" to Qutata March 19 * 1 - 4Pm le food Win Over 20 Purchase6dcetstosomP wines. more SiD �tm,ranis, an rt mara than ile the 1u Quinta Taste of La Quinto is presented by CAmber of Commerce. Cost is 525 fo 10 Food f I Tastes, and g 15 for 5 Wine Tastes. Far more infonnalon, calf t7501 1143199. n 5 ,`m mature walks Bear Creek Nature Trait Meet at the Shade Structure on the corner of Colle Ensenada & Avenida Montezuma. March 12 •9om Walk for Kids & Families Enjoy a sensory guide to desert plants - twe, smell, touch, draw 4, grow! March 19 •8am Explore the sensational spring flowers at this month's adult nature walk. t -AI evapa — GE.M ufthe DE.SFRT — 05^9 ATTACHMENT 2 S® Many Ways t® "play" in La Quinta Whatever your pleasure, you'll find plenty of reasons to come and enjoy the "Gem of the Desed - Lo Quintal' 0550 ATTACHMENT `�...., 3�`x ILL .{'i• � �,. i�� 4:., „� CLIIENT: City of La Quinta DATE: December 22, 2010 JOB: Generic Spot #2 w/ Tag January Events 1-15 Tag :60 JOB #: 1000LQ4290 (2 Voices: Anncr w/ Walter Winchell style read & Producer) (SFX: Opening "News Reel Fanfare" music). ANNCR: (Fast read a la Walter Winchell, begins to run out of breath towards end). (:35) OK COACHELLA VALLEY, DO YOU KNOW THE LATEST ON LA QUINTA? NO, WELL, WHERE HAVE YOU BEEN?! SET YOUR SIGHTS ON THE PREMIER VALLEY HOT SPOT FOR SHOPPING, DINING, CULTURE, RECREATION AND A LIFESTYLE EXPERIENCE LIKE NO OTHER. THE CITY OF LA QUINTA OFFERS FABULOUS RESTAURANTS, DIVERSE SHOPPING FROM CARS TO BOUTIQUES TO NATIONAL RETAILERS... PLUS, PERSONALIZED SERVICES, WORLD-RENOWNED OUTDOOR EVENTS, GOLFING, HIKING, BIKING, A MUSEUM FILLED WITH TREASURES, AND SO MUCH MORE, ALL IN LA QUINTA, THE GEM OF THE DESERT! AND DON'T MISS... PRODUCER: OK, YOU CAN TAKE A BREATH NOW... ANNCR: THANKS FOR REMINDING ME... TAG: There is so much happening in La Quinta this month! Don't miss Art Under the Umbrellas in Old Town La Quinta January 15th, the Bob Hope Classic January 17th thru 23rd an Evening with Friends at the La Quinta Library January 20th, and the Hot Rod and Custom Car Show at La Quinta Community Park January 30th. For more on events and "ways to play" in La Quinta, go to Play — In — La — Quinta — dot — com. 0551 CLIENT City of La Quinta JOB: Generic Spot #1 JOB #: 1000LQ4291 DATE: January 13, 2011 w/Jan.16-31 Tag :60 (Man / Woman / Tag Anncr) SND EFX: Dishes clanking, like the couple is washing dishes — doing things around the house Man: HONEY, WE'VE BEEN WORKING AROUND THE HOUSE FOR A WEEK! CAN WE PLEASE FIND SOMETHING TO DO? Woman: THAT'S THE PROBLEM, THERE'S SO MUCH TO SEE AND DO IN LA QUINTA... I CAN'T DECIDE! Man: MAYBE LUNCH AT A PATIO CAFE AND SHOPPING AT ONE OF YOUR FAVORITE BOUTIQUES IN THE VILLAGE... OR HOW ABOUT GOLF, OR SHOPPING AT THOSE BIG STORES ALONG HIGHWAY 111? WE COULD EVEN TEST DRIVE THE CAR YOU'VE BEEN EYEING AT THAT LA QUINTA DEALERSHIP... Woman: OHHHH, I'VE BEEN DREAMING OF THAT NEW CAR! AND THERE'S THAT WONDERFUL MUSEUM HERE IN LA QUINTA ... I JUST CAN'T DECIDE WHAT TO DO FIRST! Man: WELL, WE COULD TAKE IN THE SCENERY BIKING OR HIKING... GOTTA LOVE THOSE SANTA ROSA MOUNTAINS! Woman: PERFECT! WELL GO HIKING BEFORE LUNCH, TEST DRIVE MY CAR THEN SHOP TIL WE DROP... WELL, COME ON... (Hesitates). WHAT ARE YOU WAITING FOR? (SFX: Rustling sound). ANNCR: LA QUINTA OFFERS EVERYTHING FOR EVERYBODY... FROM FABULOUS SHOPPING AND DINING TO ART, CULTURE, AND RECREATION... WHAT WILL YOU DO FIRST? TAG: La Quinta is bustling with so many things to see and do! Events featuring everything from golf and classic cars to live concerts and art shows. To find out more about all the exciting things coming up in La Quinta, go to Play — In — La — Quinta — dot — com and download the events brochure! There is so much happening in La Quinta this month — get in on the fun! 0552 CLIENT JOB: JOB #: City of La Quinta DATE: February 22, 2011 Generic Spot #1 w/March 1-19 Tag :60 11 C0LQ4626 (Man / Woman / Tag Anncr) SND EFX: Dishes clanking, like the couple is washing dishes — doing things around the house Man: HONEY, WE'VE BEEN WORKING AROUND THE HOUSE FOR A WEEK! CAN WE PLEASE FIND SOMETHING TO DO? Woman: THAT'S THE PROBLEM, THERE'S SO MUCH TO SEE AND DO IN LA QUINTA... I CAN'T DECIDE! Man: MAYBE LUNCH AT A PATIO CAFE AND SHOPPING AT ONE OF YOUR FAVORITE BOUTIQUES IN THE VILLAGE... OR HOW ABOUT GOLF, OR SHOPPING AT THOSE BIG STORES ALONG HIGHWAY 111? WE COULD EVEN TEST DRIVE THE CAR YOU'VE BEEN EYEING AT THAT LA QUINTA DEALERSHIP... Woman: OHHHH, I'VE BEEN DREAMING OF THAT NEW CAR! AND THERE'S THAT WONDERFUL MUSEUM HERE IN LA QUINTA ... I JUST CAN'T DECIDE WHAT TO DO FIRST! Man: WELL, WE COULD TAKE IN THE SCENERY BIKING OR HIKING... GOTTA LOVE THOSE SANTA ROSA MOUNTAINS! Woman: PERFECT! WE'LL GO HIKING BEFORE LUNCH, TEST DRIVE MY CAR THEN SHOP TIL WE DROP... WELL, COME ON... (Hesitates). WHAT ARE YOU WAITING FOR? (SFX: Rustling sound). ANNCR: LA QUINTA OFFERS EVERYTHING FOR EVERYBODY... FROM FABULOUS SHOPPING AND DINING TO ART, CULTURE, AND RECREATION... WHAT WILL YOU DO FIRST? TAG: The Gem of the Desert shines bright this month with the La Quinta Arts Festival March loth thru the 13th — ranked third in the nation! Enjoy 230 art exhibitors from around the country, plus food & wine, live entertainment and more! So many "ways to play" in La Quinta! For event details, go to Play — In — La — Quinta — dot — com. 0553 CLIIENIT: City of La Quinta DATE: February 7, 2011 JOB: Generic Spot #2 w/ Tag February Events JOB #: 11COLQ4505 (SFX: Opening "News Reel Fanfare" music). ANNCR: (Fast read a la Walter Winchell) (:35) OK COACHELLA VALLEY, DO YOU KNOW THE LATEST ON LA QUINTA? NO, WELL, WHERE HAVE YOU BEEN?! SET YOUR SIGHTS ON THE PREMIER VALLEY HOT SPOT FOR SHOPPING, DINING, CULTURE, RECREATION AND A LIFESTYLE EXPERIENCE LIKE NO OTHER. THE CITY OF LA QUINTA OFFERS FABULOUS RESTAURANTS, DIVERSE SHOPPING FROM CARS TO BOUTIQUES TO NATIONAL RETAILERS... PLUS, PERSONALIZED SERVICES, WORLD-RENOWNED OUTDOOR EVENTS, GOLFING, HIKING, BIKING, A MUSEUM FILLED WITH TREASURES, AND SO MUCH MORE, ALL IN LA QUINTA, THE GEM OF THE DESERT! AND DON'T PRODUCER: OK, YOU CAN TAKE A BREATH NOW ANNCR: THANKS FOR REMINDING ME... TAG: Have you heard about all that's happening in La Quinta this month? From Art Under the Umbrellas and "rock concerts" by popular tribute bands to the new Jurassic Encounter exhibit at the La Quinta Museum. And don't miss the Concours d'Elegance exotic car show! So many "ways to play" in La Quinta! For event details, go to Play — In — La — Quinta — dot — com. 0554 ATTACHMENT A Breathtaking Backdrop... For Your Most Memoroble Moments d:ka1?€RS- La Quinta is charming and vibrant with pleasures for everyonel Find hotels, restaurants, shopping, and special events at wwwAlayinLaQulnta.com. Client: COLA Date: 03/07/1 1 Job: 11 COLQ4676_Cal_Road TripCOLQ_Ad 0555 klelo VNE Ow of U QUOM789 An array of fabulous shopping and dining venues owait you in La Quinto, just minutes away from all the tennis action! Whether you explore the Highway 1 1 1 corridor or meander through the La Quinto Village, you'll discover tempting treasures at every corner in the City of La Quinta. For o complete listing of shops, restaurants, events and other things to do, visit PlaylnLoQuinta.com! (760) 777-7000 o PlayinlaQuinto.com 7 1 i MLLESAhNIIE N1&nAYjIl — iaA#a�, �l a4 1r c aid G Town Viani M rat& ot:scn t _ Visit PlaylnLOQU%niat.com ATTACHMENT 0 0 0557 Client: COLQ Date: 03/02/ 1 1 Job: l 1 COLQ464I _PNB_Paribas_Colq_ad ;o to O, "`LD: TO,Ut1 n. L'a,Qltfn�iH, MID vow La QaOMM Discover the extraordinary shops and fabulous restaurants of Old Town La Quinta, located just minutes away from the tennis action. Stroll a variety of one -of -a -kind boutiques featuring fashion and jewelry, cords, gifts, home d6cor and accessories, florals, gourmet baskets and morel Unique dining venues include Cool Options, The Grill on Main, Hog's Breath Inn, Old Town Cellar, Old Town Coffee Company and Stuft Pizza Bar & Grill. Shop, stroll and dine in Old Town La Quintal (760) 777-1770 OldiowntaQuinta.com 777 I IVj `�`,� l J Tnnnl+ 1.— Sud�um , MILES AVENUE _.dl��� 4E NlriNl�Yli1 n, f uu} rco i °z� LQ f ; ��tj,d,< ,�/t y� af,:f��4ta-'�'`(J.:'f I rt �l{tN m� old w �`71Er 1aUF U fsf �1 " J o �t r-!7�' ILj Vlsit PIayyEInLCoat EpQp ��AYENVE SI _ ointlbxom 0553 Client: COLA Date: 03/02/11 Job: 1 1 COLQ4643_PNB_Paribas_OldTown wh".e's the, Fwt" .ART 5 LA QUINTA ARTS ""VALI Just minutes away from the tennis action, you'll find the 29th Annual Lo Quin a Arts Festival - ranked third in the notionl This premier ads festival, presented by La Quints Ads Foundation, showcoses 230 adists, food, wine, and live entedainment at the stunning La Quinto Civic Center Campus. Don't miss this incredible event March 10-13, from I Oom-5pm. (760) 564-1244 • LQAF.com IN ; �7yr Client: COLQ [ut w Date: 03/03/11 e[[F.n _ ?I Job:l lCOLQ4642_PNB_Paribas_LQAF_od 0559 ATTACHMENT � \. /\ s� - ©t?f T. 0 � ) __. E >f \\ c\ \\ /� 3% f0 }/k §)§ I\ f J r \c / §2§ /c o c ƒ \ 560 0 )T3 ) . ATTACHMENT -'r �7 t%& MMMIFId� CrtY OF LA QUINTA • 78-495 CALLF IrAMPICo, LA QUINTA. CA 92253 M (760) 777-703S • WWW.tA-QtnNTA.onG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea focreative.com FOR CALENDARS CITY OF LA QUINTA JANUARY 2011 EVENTS Kids/Families Nature Walk Saturday, January 8 8 am Bear Creek Nature Trail FREE In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. On -the -Lap Story Time Tuesday, January 11 10 am La Quinta Library FREE Story time for babies and young toddlers who are just beginning to learn about listening to stories and songs. Little ones are accompanied by their parent or caretaker, who provide warm comfortable laps. For more information call (760) 564-4767. The Whodunnit? Mystery Book Club Wednesday, January 12 10:30 am La Quinta Senior Center FREE 05 DO Dr. William Schneid, Ph.D. Criminologist will give insight into literary genre vs. the real life essence of crime detection. For more information call (760) 564- 4767. Pillars of the Community Friday, January 14 1 pm La Quinta Civic Center FREE Ceremony to honor the "Pillars of the Community" award recipients for 2010. Light refreshments will be served. For more information call (760) 777-7090. Adult Nature Walk Saturday, January 15 S am Bear Creek Nature Trail FREE In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. The Whodunnit? Mystery Book Club Wednesday, January 19 10:30 am La Quinta Library FREE Here Kitty, Kitty"- these authors will be pussy -footing around the bodies: P.T. Deutermann, Agatha Christie, and Nevada Barr. For more information call (760) 564-4767. An Evening with Friends Thursday, January 20 6 pm La Quinta Library Stephanie Bettman performs Bluegrass music. For more information call (760) 564-4767. 05u' CITY OF IA C`UINTA - 7$-49$ CALLE TAMPICO, LA CLUINTA, CA 922$3 (760) 777-703$ • Www.1A-QuINTA.0RG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR CALENDARS CITY OF LA QUINTA FEBRUARY 2011 EVENTS Jurassic Encounter February 4 - July 31, 2011 La Quinta Museum FREE Travel back in time and experience the awe inspiring world of the dinosaurs! This exclusive exhibit features two life size robotic dinosaurs that move, growl and roar at visitors! Step past unique diorama scenes featuring a life size Utahraptor and Pterosaur just to name a few! Compare your own footprints with those of a Tyrannosaurus Rex and become a paleontologist with our sandbox dig station. Fossils on display will include a real dinosaur egg, a prehistoric lizard trapped in amber and much more! This exhibit is sure to be fun for the whole family! For more information call (760) 777-7170. The Whodunnit? Mystery Book Club Wednesday, February 9th La Quinta Library FREE 10:30 am Chuck Weisbart from "It's in the Bag" store in Cathedral City will present "Travel Enhancement." For more information call (760) 564-4767. Kids/Families Nature Walk Saturday, February 12`h Bear Creek Nature Trail FREE 8 am 0563 In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. The Whodunnit? Mystery Book Club Wednesday, February 16' La Quinta Library FREE 10:30 am Pack Your Bags -Travel mysteries by Maddy Hunter, Elizabeth Peters, and Agatha Christie. For more information call (760) 564-4767. An Evening with Friends Thursday, February 171h La Quinta Library FREE 6 pm John Malcolm Penn and folk songs of the Coachella Valley. For more information call (760) 564-4767. Adult Nature Walk Saturday, February 19th Bear Creek Nature Trail FREE 8 am In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. 0564 Youth Festival Saturday, February 26th La Quinta Park FREE 10 am Fun event celebrating La Quinta Youth. Live music, games, jump houses, skateboarding demos, food booths, guest speakers, and more. For more information call (760).777-7090. The Desert Classic Concours d'Elegance Sat & Sun, February 26 & 27 Old Town La Quinta, Cuistot Restaurant, and La Quinta Resort Saturday, February 26 The Tour - FREE for spectators 8 am - 9:30 am: Visitors may view the classic cars of the Concours d'Elegance and converse with their owners, while enjoying music at festive Old Town La Quinta. 9:30 am - 12:30 pm: Experience the magnificent cars departing for their driving tour through the Coachella Valley. 12:30 pm - 2 pm: Tour conclusion at Cuistot Restaurant, in Palm Desert. Cars will again be displayed for viewing pleasure. Opening Reception - $50, advanced ticket purchase required 6 pm - 9 pm: Fun and casual reception offering a sneak peak at some of the Concours d'Elegance cars, while enjoying food, beverages, music, and lively conversation. Sunday. February 27 Concours d'Elegance & Car Club Corral - $25/Advanced Purchase General Admission $35/At the door, FREE/Children under 12 and active duty military. 10 am - 4 pm: Fine food and wine, vendors, music, and displays of collectibles set the scene at La Quinta Resort (Mountain Course) for the annual world -class exhibition of classic cars, featuring more than 150 domestic and foreign automobiles. Adjacent to Concours d'Elegance car displays, Car Club members will display their classic cars in the Car Club Corral. 0565 Vintage Car Auction - Price included with General Admission ticket 11 am - 2 pm: At the inaugural car auction of the Concours d'Elegance, distinguished and finely restored vehicles will be offered for sale over to the highest bidder. For more tickets or more information, visit www.desertconcours.com or call (760) 766-1777. Find us on Facebook© '-0560 CITY OF !A QUINTA + 78-495 CALLE TAMPICO, U QUINTA, CA 92253 <;( (760) 777-7035 + W W W.IU-quINTA.ORG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fgcreative.com FOR CALENDARS CITY OF LA QUINTA MARCH 2O11 EVENTS On the Lap Story Time Tuesdays (March 1s' 8'h 15'" 22nd & 291") 10 am La Quinta Library FREE Story time for babies and young toddlers who are just beginning to learn about listening to stories and songs. Little ones are accompanied by their parent or caretaker, who provide warm comfortable laps. For more information call (760) 564-4767. Preschool Storytime Tuesdays (March 1s' 8", 15`h 22ntl 29'h) 11 am La Quinta Library FREE This program is for children ages 3 and up who can sit independently, listen to stories and follow the Storytime leader. It is an excellent way to prepare for kindergarten with an educational program that is a lot of FUN! For more information call (760) 564-4767. 291h Annual La Quinta Arts Festival Thurs., March 10 - Sun. March 13 10am-5pm $12/day pass $15/multi-day pass, FREE/Kids 12 and under ,.1. 0567 Ranked #3 in the nation, the Festival will welcome 230 of North America's preeminent artists arriving from 44 states, Canada and Mexico. Almost 30% of the exhibitors are presenting their work in the Coachella Valley for the first time, along with returning favorites who you will only see at La Quinta Arts Festival. For more information call (760) 564-1244. Kids/Families Nature Walk - A sensory guide to Desert Plants: Taste, Smell, Touch, Draw, and Grow Saturday, March 12 9 am Bear Creek Nature Trail FREE In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. The Whodunnit? Mystery Book Club Wednesday, March 16 10:30 am La Quinta Library FREE Club meets every third Wednesday of each month and discuss three books on the same subject. Each meeting has two parts: discussion of last month's reading and picking up book titles and author's background for the next month. Books for the discussion are always available at the reference desk. For more information call (760) 564-4767. An Evening with Friends Thursday, March 17 6 pm La Quinta Library FREE Dean Ratzman performs. For more information call (760) 564-4767. Distinguished Artists of La Quinta Friday, March 18 0563 3 pm La Quinta Civic Center Campus FREE The event will honor select artists, for their contribution to the culture of La Quinta. Refreshments will be served following awards ceremony. For more information call (760) 777-7090. Adult Nature Walk - Spring Wildflowers Saturday, March 19 8 am Bear Creek Nature Trail FREE In a collaborative program between the City of La Quinta and the Stewards of the Fred Wolff Bear Creek Nature Preserve and Trail; this free program is offered to anyone interested in learning about the Preserve. All walks begin at the Shade Shelter on the Bear Creek Nature Trail at the corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. For more information call (760) 777- 7090. 16th Annual Soapbox Derby of the Desert Saturday, March 19 9 am Avenida Bermudas FREE Youth ages 8 - 17 will race through the streets in their own soap box car, powered solely by gravity. Winners have the chance to go on to the World Championship Finals in Akron, Ohio. For more information call (760) 347-3484. Taste of La Quinta 2011 Saturday, March 19 1-4pm Old Town La Quinta $25/10 Tastes or $15/5 Tastes Patrons can purchase tickets to sample food from 20 La Quinta restaurants along with 50 wine choices. For more information contact the La Quinta Chamber at (760) 564-3199. Tails on Trails 0 5 Saturday, March 26 10 am La Quinta Cove Oasis (Top of the Cove, Corner of Madero & Tecate) FREE Join City of La Quinta for a fun -filled morning for the entire family, including the dogs! Families, along with their dogs, can participate in several activities including: Dog contests with prizes, short hikes, information booths, speakers, hand-outs, giveaways, and more! For more information call (760) 777-7090. Art Under the Umbrellas Saturday, March 26 10am-4pm FREE This popular series presents a diverse collection of 70+ artists exhibiting their original creations for sale, complimented by live music, boutique shopping, and fine dining. Art Under the Umbrellas runs from October - April. For more information call (760) 564-1244. Find us on Facebook© 0570 V Z „rfi.AA CITY OF LA QUINTA • 78-495 CALLE TAMPICO, (760) 777-7035 • WWW.IA-QUINTA.ORG Media Contact: Andrea Carter, FIG CreativE (760) 773-1707 or andrea@focreative.com FOR IMMEDIATE RELEASE January 10, 2011 HAVE A'ROAR'ING GOOD TIME AT JURASSIC ENCOUNTER Experience Prehistoric times at La Ouinta Museum's newest exhibit La Quinta, CA - The La Quinta Museum is proud to announce the opening of an exciting new exhibit, Jurassic Encounter. The opening reception will take place on Friday, February 4th from 5 - 7 pm. The reception and exhibition are FREE and open to all ages. The first 200 visitors, on the evening of February 41h, will receive a FREE small dinosaur bone fragment. Utahraptorwill be on display at Quinta Museum's Jurassic Encounter Jurassic Encounter will feature realistic dioramas complete with two animatronic dinosaurs, a Stegosaurus and an Allosaurus. Come face to face with a life-size Tyrannosaurus Rex skull as well as a Triceratops, Utahraptor, and a Pteranodon with a 20 foot wingspan set in fully landscaped displays. Compare your feet to the footprints from a Tyrannosaurus Rex and Iguanodon -- even excavate dinosaur bones in an outdoor digging station and make crayon rubbings of fossils to take home. The Jurassic Encounter exhibit will run from February 4 through July 31, 2011. La Quinta Museum is open Tuesday through Saturday from 10:00 a.m. to 4:00 p.m. and is located at 77-885 Avenida Montezuma in La Quinta. Admission to the museum is 0571 FREE. For more information about Jurassic Encounter, or La Quinta Museum, visit www.la-guinta.org or call 760-777-7170. Find us on Facebook0 0512 CITY OF LA QUINTA • 78-495 CALLE TAMPICO, (760)777-7035 • WWW.LA-QUINTA.ORO Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea0fgcreative.com FOR IMMEDIATE RELEASE December 23, 2010 THE CITY OF LA QUINTA AND WALMART BRING HOLIDAY JOY TO LOCAL CHILDREN THROUGH "SHOP WITH A COP" La Quinta, CA - On Tuesday, December 2151 the City of La Quinta's Police Department participated in the Walmart foundation's national "Shop with a Cop" program. The La Quinta Walmart generously donated $1,500 to the police department to purchase children's toys for needy families in La Quinta. The "Shop with a Cop" program is widely used throughout the United States and enables Walmart to "give back" to their local communities. A total of 19 children, with their parents, were escorted through the store by La Quinta Business District Deputy Bill Fiebig and School Resource Officers John Alexander, Rebecca Smith and Chris Trueblood. The children were allowed to purchase two items each at this fun event. This is the first year the La Quinta Walmart has offered to provide funds to the La Quinta Police Department to partner with their annual nationwide program. The children were excited and the parents were emotional and very appreciative. For more information about "Shop with a Cop" and City of La Quinta, call (760) 777-7000 or visit www.la-guinta.org. Find us on Facebook© i ' ### �� 0573 _ 1 Tifflllkqft� i CITY OF LA QUINTA • 78-495 CALLE TAMPICO, (760) 777-7035 • www.LA-Qu1NTA.Oac December 23, 2010 Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andreaOfgcreative.com FOR IMMEDIATE RELEASE December 23, 2010 FIRST FRIDAYOF THE YEAR SCHEDULED AT LA OUINTA MUSEUM Pianists Brenda Warren and Janie Horton to perform La Quinta, CA -The La Quinta Museum's First Friday event of 2011 will be held on Friday, January 7th, from 5 - 7 pm. This free event will feature internationally known pianists and composers Brenda Warren and Janie Horton. Brenda Warren has studied music since the age of 8 and graduated with a Bachelor's Degree in Music from San Francisco State University. She continued her training studying under highly acclaimed composer, arranger, and pianist, William Mathieu, and has since released two solo piano CDs; been included in two compilation CDs; owns a record label, Seven Mile Music, and publishing company, Baby Korn Music; and has composed scores for three documentaries for PBS: "The Spirit in Architecture," "Fuzzy Logic," and "Edens Lost and Found." She is currently completing her third piano CD and working with a publisher in Nashville to represent her country music catalogue. Janie Horton has over 27 years of experience instructing piano, arranging music, composing, performing nationally in an award -winning band, internationally 4 0574 performing solo, and designing, composing, and performing in her own stage production. She has recorded two piano CDs, the first of which has been distributed internationally and the second is utilized by relaxation and stress reduction professionals. The La Quinta Museum is open Tuesday through Saturday from 10:00 a.m. to 4:00 p.m. and is located at 77-885 Avenida Montezuma in La Quinta. The First Friday event is open to all ages and is FREE to attend. For more information please visit www.la-guinta.org or call 760-777-7170. 0575 CM OF •LA UINTA • 78-495 CALLE TAMPICo, LA QUINTA, III I� ` 2 CA 92253'' Z- � 4 (760) 777-7035 • www.Ia-CZUINTA.ORc Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@fqcreative.com FOR IMMEDIATE RELEASE February 2, 2011 TOAST YOUR SWEETHEART IN LA QUINTA THIS VALENTINE'S DAY La Quinta, CA - This Valentine's Day, the restaurants of La Quinta are offering deliciously sweet menus and specials. With flavors from around the world, La Quinta is sure to have something to please any palette. Reserve a table early as La Quinta restaurants fill up quickly for Valentine's Day. Here are just a few Valentine's Day happenings to choose from: Adobe Grill - Available Feb. 12" thru Feb. 14", from 5 pm - 10 pm, for $25/for two, sip, savor and say "Te amo," with their Aphrodisiac Sangria for Two, served in a 34-ounce margarita glass, and bites of Manchego Stuffed Shrimp wrapped in bacon and White Chiles stuffed with honey - glazed shrimp. Live entertainment on Sat., Feb. 12" and Sun., Feb. 131". 49499 Eisenhower Drive, (760) 564-5727 Amore - Feel the love with Valentine's Day at Amore. A full menu will be served, in the dining room, along with happy hour, in the bar, from 4 pm - close. Live music and dancing will set the tone for this romantic evening. 47474 Washington St # 101, (760) 777-1315 0570 Hog's Breath Inn - Stop in to enjoy live piano music and and delicious food. The chef will be offering a Chef's Valentine's Day special along with their regular menu. 78065 Main Street, (760) 564-5556 Morgan's in the Desert - Dinner of Seduction (available Feb. 12" thru Feb. 141", from 5:30 pm - 10 pm), For $95/person or $125/person with wine flights (exclusive of tax and gratuity) Executive Chef Jimmy Schmidt seduces couples with a delectable four -course dinner paired with exceptional wines. 49499 Eisenhower Drive, (760) 564-7600 Okura Robata Grill & Sushi Bar - Get started with Happy Hour from 4:30 pm - 6:30 pm. Then, for just $29.95/each, guests can indulge in all -you - can eat sushi for an entire hour or choose from Okura's fabulous regular menu. 78370 Hwy 111 #150, (760) 564-5820 Solano's Bistro - Also offering their regular menu, Solano's will offer a 3- course meal for just $75/couple. Guests can enjoy: 1) A choice of soup or salad (Roasted Tomato Bisque, Sweetheart Salad, Caprese Salad, or Be Mine Beet Salad), 2) A choice of entree (Perfect Petite Filet Mignon, Sultry Sea Bass, or Passionate Prime Rib), and 3) Choice of dessert (Strawberry Tiramisu, White Chocolate Creme Brule, or a Chocolate & Raspberry Gelato Truffle). 78110 Calle Estado, (760) 771-6655 The Crab Pot - is serving the King Crab Special for 2, for only $59.90 Couples will enjoy one Prong Cocktail, two pounds of succulent King Crab, a loaf of sourdough bread, and two slices of The Crab Pot's famous rhubarb strawberry cake in a pan with vanilla ice cream. 78121 Avenida La Fonda, (760) 564-7333 TWENTY6 -Valentine's Day Lasting Impression Dinner, by Chef Michael Vaughn, with dishes For Her, For Him, and To Share. For just 0577 $69.95/person guests will enjoy two complimentary glasses of Champagne to Start, followed by a Seafood Cocktail for Two with Spiny Lobster, Blue Crab, Freshwater Prawns, and a duo of dipping sauces, or, Soup with Two Spoons; Wild Forest Mushroom Bisque with lavosh crumbs, and mushroom dust. Then, For Her, a Tiger Prawns and Angel Hair Pasta with opal basil, toy box heirloom tomatoes, and scampi sauce and For Him, a Beef Porterhouse Steak with potato au gratin, charred asparagus, and twenty6 steak sauce. Finally, couples will enjoy a dessert of Long Stem Strawberries, with white chocolate and dark chocolate fondue and Conversation Hearts, upon departure. 49499 Eisenhower Drive, (760) 777-4900 For more information about the City of La Quinta, call (760) 777-7000 or visit www.la-guinta.org. rind us on Facebook©' 05 73 Media Contact: Andrea Carter, FG Creative (760) 773-1707 or and rea fgcreative.corn FOR IMMEDIATE RELEASE February 8, 2011 CELEBRATE YOUTH WITH THE CITY OF LA QUINTA LA QUINTA YOUTH FESTIVAL SCHEDULED FOR FEBRUARY 26T" La Quinta, CA - The City of La Quinta is calling all youth to join in the fun at the annual La Quinta Youth Festival on Saturday, February 261h at 10 am, in La Quinta Park. The La Quinta Youth Festival is open to all youth under 18 with FREE admission. Parents are welcome to attend. La Quinta Youth Festival is a fun event designed in honor of celebrating youth. Festivities will feature games, live music, food, and live performances by: All Valley Dance & Cheer, Ben Franklin Choir, Ben Franklin Gems, Rojas Taekwondo, and The Deadwood Heads! La Quinta Park is located across from La Quinta High School at Westward Ho Drive and Adams Street. For more information about La Quinta Youth Festival call (760) 777-7090 or visit www.la-guinta.org. Find us on Facebook© 0579 CITY OF LA UINTA • 78-495 CALLS TAMPICO, LA QUINTA, CA 92253 Q (760) 777-7035 • www.LA-QOINTA.ORG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or and reaOfgcreative.corn FURINOGREENE MEDIA ALERT *Effective Immediately* We would like your help in getting the word out to your viewers/listeners. The City of La Quinta has announced that the La Quinta Youth Festival has been postponed due to the unfavorable weather forecast for Saturday, February 26. Staff is working closely with the vendors, businesses and non -profits that serve area youth, and the games and activities originally planned for the Youth Festival will be integrated into the La Quinta Community Picnic and Birthday Bash scheduled for April 30. For more information call (760) 777-7090. 0500 ",Jbk N CITY OF LA QUINTA • 78-495 CAu.E TAMeICC), LA QUINTA, CA 92253 (760) 777-7035 • Www.1A-Q1NTA.ORG Media Contact: Andrea Carter, FG Creative (760) 773-1707 or andrea@focreative.com FOR IMMEDIATE RELEASE February 16, 2011 PATRICIA WELCH TO PERFORM AT LA QUINTA MUSEUM'S FIRST FRIDAY AND OPEN HOUSE ON FRIDAY, MARCH 41'' La Quinta, CA - The La Quinta Museum is pleased to announce their March First Friday and Open House is scheduled for Friday, March 4', from 5 - 7 pm. The March event will feature Patricia Welch performing. All ages are welcome to attend this FREE public event. Welch is a La Quinta resident and began her career when she starred with Yul Brynner in the Broadway musical The King and 1. She has since performed with Wayne Newton, and Robert Goulet, while also performing in concerts as a featured soloist with the Los Angeles Pops Orchestra, the Orange County Symphony, and the Jonathon Pops Orchestra. She has been featured in musical roles such as Maria in The Sound of Music; Marsinah in Kismet, Hodel in Fiddler on the Root, and Maria in West Side Story. Welch will perform during the Open House, which welcomes visitors to tour the museum and its current exhibits, including Jurassic Encounter, La Quinta Museum's newest exhibit. 0581 La Quinta Museum is located at 77-885 Avenida Montezuma in La Quinta. For more information about First Friday and Open House, or La Quinta Museum, visit www.la-guinta.oro or call 760-777-7170. Find us on Facebook0 0582 MARCH 15 APRIL 5 APRIL 19 April 30 MAY 3 MAY 14 MAY 17 JUNE 7 DEPARTMENT REPORT: CITY COUNCIL'S UPCOMING EVENTS CITY COUNCIL MEETING DISTINGUISHED ARTIST ACKNOWLEDGMENT CITY COUNCIL MEETING CITY COUNCIL MEETING CITY PICNIC & BIRTHDAY PARTY CITY COUNCIL MEETING HOUSEHOLD HAZARDOUS WASTE COLLECTION CITY COUNCIL MEETING CITY COUNCIL MEETING JUNE 21 CITY COUNCIL MEETING 3e 0583 March 2011 Monthly Planner sunday MondayTuesday, 1 2 3 4 5 February3'.00 PM City Council Meeting S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _-12 6 7 8 10 11- 10:00 AM Tromso 7:00 PM Planning C FPM g'.30 AM Animal Campus - Franklin Henderson Commission 1100 AM CVCC-Sniff 6:00 PM uD Energy Cmte-Fmokl.nard tment 12:00 PM Enrgy) Environs Sniff � La ouinta Ans Festival � �� _—_4_-- 13 14 15 16 17 18 19 DAYLIGHT SAVINGS TIME BEGINS 10-00 AM Pub. Stty. 3'.00 PM City Council Meeting 10'.00 AM Homelessness Cmte.Franklin 3:00 PM Historic Preset- 0 00 AM CVA Evans 3'.00 p.m. Distinguished Henderson 12:00 PM HCRC Franklin vatien Commission Amel @ Ciom Center Campus 3:00 PM Mms. Conversancy Franklin 5:30 PM Community Services Commission 6:00 PM League Henderson �I La Guinla Arts Festival I, i 20 21 22 23 �24 25 26 7:00 PM Planning 12:00 PM Sunlme Adolph 9:00 AM LAFCO- Commission Henderson 27 28 29 30 31 10:30 AM RCTC Budget - ! April T W T F S Henderson S M 1 2 6:00 PM Exec Come. 3 4 5 6 7 8 9 l Adolph 10 II 12 13 14 15 16 17 18 19 20 21 22 23 1 24'25 26 27 28 29 301� Printed by Calendar Creator Plus on 3/3/2011 ,r 0584 April 2011 Monthly Planner Sunday Monday' Tueosday',�' �Wed_rbeosday Friday Saturday 1 —:"-Thursday T___. - 2 - March May S M T W T F Sl S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 II 12 8 9 10 II 12 13 14 13 14 15 16 17 I8 19 15 16 I7 IB 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 4 5 6 7 8 9 11 �113 10:00 AM Final 3:00 PM City Council Meeting 10:00AM-ALRC 12'00 PM Mayors Lunch Henderson 6 00 PM IID Energy CmtefrankLn l 10 11 12 13 14 15 16 10:00 AM Pub, Sfty 7:00 PM Planning 9:00 AM RCTC. 1100 AM CVCC-Sniff 9:00 AM CVA-Evans Henderson Commission Henderson 12:00 PM Energyl 530 PM Community Services Commission 4:00 PM Investment Environs Sniff 6- :00 PM League Advisory Board 11 Henderson 17 18 19 20 21 22 1 123 3:00 PM coy Councu Meeting 0:00 AM Homelessness Cmte-Franklin 3:00 PM Historic Preset 12:00 PM HCRC Franklin vation CommissionI 2:00 PM J.Cochran Reg Ar,rl-Franklin Ill i 24 25 26 27 28 29 30 10:30 AM RCTC Budget 7:00 PM Planning 12:00 PM Scabies Adolph 9:00 AM LAFCO 10:00 City Picnicc & 13 irthday Party at Henderson Commission Henderson Fritz Bums Park 6:00 PM Exec Come. Adolph I I I t J Printed by Calendar Creator Plus on 3/3/2011 r • OJ8J 1 2 10:00 AM Transp Henderson 6'.00 PM IID Energy Cmte-Franklin Happy Bimmay La Culnta - 29 years May 2011 Monthly Planner 3 4 S 6 3:00 PM City Council 10 00 AM - ALRC National Day of Prayer Meeting 8 9 10 10:00 AM Pub. Sfty 7:00 PM Planning Henderson Commission 3:00 PM Mtns. Consversancy Franklin 6,30 PM Community Services Commission 6:00 PM League Henderson 115 16 17 300 PM City Council Meeting 22 23 124 10:30 AM RCTC Budget - 7:00 PM Planning Henderson Commission 29 30 31 Memorial Day (CITY HALL CLOSED) 11 112 13 1:00 AM RCTC. 9'.30 AM Animal Campus - Henderson F 11ranklin .00 AM CVCC-sniff k00 PM Investment 12:00 PM Energy) I Advisory Board Environs Sniff 7 14 Household Hazamous Waste Collection 18 19 20 21 10:00AMHnmelessness 3.00 PM Historic Preset 9'00 AMCVA Even, Crna Franklin VdliOn Commission 12:00 PM HCRC Franklin 25 26 12:00 PM Sunline Adolph 8:00 AM LAFCO Henderson April � S M T W T F S 12 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 19 19 20 21 22 23 24 25 26 27 28 29 30 27 28 3Lill C S M 'I W "f F_ S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Printed by Calendar Creator Plus on 3/3/2011 0580 DEPARTMENT REPORT: C&�p ot 4 a" TO: The Honorable Mayor and Members of the City Council FROM: Tom Hartung, Director of Building & Safety DATE: March 15, 2011 RE: Department Report — February, 2011 Attached please find the statistical summaries for building permits, Animal Control, Code Compliance, and garage sale permits for the month of February. The statistical summaries depict the following highlights: • Year-to-date building permit valuation is $2,690,022 which represents an issuance of 95 building permits in February; • Animal Control handled 335 cases in February; • Code Compliance initiated 225 cases in February; • Garage sale permits generated $970 revenue in February. 0587 ta i v4 rj i o m tj Ln m * i r4 o N c w Rt m Ln N P% Ln tD r4 m tD i m co 0 m 74 ib q qq (A r4 00 00 N 00 0 to m U) 0 W C% 00 N to M N 00 3 L. I m v in Ln ri Ln m N C4 * q m m co N F4 m A N o 0 %o m tD rl w > o (4 M! qT W Ln 4* M N M r4 1 CA 42 0 N Re Ln i (n I oo I m i ri 1D cn o v4 m r-A r4 co 001110%0m , m OPco Ln m (A 0 (v ul 1 .i'Nko q co q N M i Ln 1 4 M R F4 74 LL Uq 1 r4 m o tp Ln m 1 r-. m 44 m i qt 44 N I in q c of m M i N 0) 0 m eq 1 4 tD i00 in N m 7 co t a F. m Ln oo 1 N W 1 v4 Ln o tD q4 Ln cn r*4 m = L N N 1 4M CA I r% M 0 Ln V4 N3 r4 W 00 m M 00 1 M 1 0 1 N N M 0 0% M 00 N M 11, � 11 > o fn r4 "i m I rq m i M M Ln 1 V 00 In M 1 C4 0 tD m co W cl 1 r4 00 1 C4 r4 r4 l a %0 I N M 0 4j W4 r4 r4 i 14 rq %-I 0 14 IA 0) (A Ln r4 4 j M 94 M 0 M P4 fn U. rs V) 0 "4 0 m 2 m 0% fq o 00 (A to 41 0 LL A 0 m m m; rL m c LL 0 0 -W > U a a) 0 i Z 0583 1 r m O nl l(1 « 1 b O r b O N 0 0 0 O O O o moernmml. ul o m o m o o o N cn nr ommin to ..mo.. m.. oo r w r na ,yNmr,-ic ainmm.-� 00 i W m �`l N ry m N r+l Nl M rl r N N N N N a az W E r ra �oaoo�uNc000.-�m00000 N p m m o m r m O O o r o 0 o m rl r M mN O m O N N O .i N N r W Q r T N nl rvl . 0 r� O r N (OW W m m m I N N r a Ifl N N f1 N m a N N qa oa Ha a w a m r W i-r N N rl N rl N f � N as rn w a �i m •srvoalnnmN rmin Nrim or-�.-i r a a a moomloo vl vlr aovl In lnaoo a i UI r Ill O O rl r rt l0 01 m �D O m m N m O O O a .-iw � w r nr ul a.y to oln r,.o N,. r1No In �\ a i W r m r4 C N N VI N nl N N m Ifl b r•1 N O T F m} i cT Ol N rl m t+l t+l O m r. N i+l ri O �-1 r O N E H >. U�ww � r q' �� ro oo..r InoH.-�oao'+Inoo N xaQ i qq mm ovlN moaNOlnomN ry aE cn i Oa lON ion.. c uloma.+Inrry o a a Ha Mm alma NNlO m..arul .. o a H a W N H m m \ N z w a m OO H i cna r \ ❑ H a u N a r x U H H r H In W F❑ E LO r r H r r lD N IO IO m N l0 r O N N i+l Ill m H O r I H H W E �{ E a a r a Q W F r w E a❑z ra m ww wq� F xmH � �� ul i rvu�.. m io r ., a I�Imm�nn aHo ul E H Q a a a a a w oaw a a woq� w r a Q F 0 H ❑ w x m U C9 a z F W O q a a a N � a m F ❑ QH w x z a H E a F z w w m uzQ w oa ❑ x w awH a aHw H F a w❑H u wFa m o EHz z xuH w \ £mw Fwa a a a ow❑ m oaa z a w 0 a a W m m z H U O a Q> P r F z z U U V 0 a a a a o w H .. u z z a a w Z z 5 a Q r� z H w a H W W O H H a a a o ry\ Hzd om❑❑ oa auHo a r H a U x H Q Ww] O O a a a z Q D U a a r q O.WQW wow3rUroFa W O r U r a3q W Ea as aw agl/l u1 ul cnH r a xoux u z mz .F. W a .U] W .W] W 4 w U w W a W .u. O O W H u �a amgwEaaaaaawwmwWF .10 05 F- t6 N } U UJ O Z U d N co O) a 7 7 Q a M d' d O O N O N t0 M — — 0 0 0 n m N N N M � � M N LL MNO Mr-E Oro UOO A MN00000(O r (0 (ONO c0 V � EO O r 'Q f6 01 C N a d N c c Y c a� J N w m m = U a IL E m EIL E NZ c 'c a a� •c y o F o a ¢ •� Z - 2� > O « >(a c > c a > m d o m c p O. a3 _U3L m3a' °3 Z�m oc�4 m o J �a00y ¢00 L a00 ¢00.�.. W E °'c 'N'r ~ mime mw E ms.10. a 0 0 (4 O O❑ .10 C U 2 0 ran 0 00 O � 4-5 0 0 c U O Z Z > r a - 0530 r- O CL 4) u d.A N w cn d u C 2 Q E O tU d O U r r O N a� ar ao �m mN om Ins a It d. r IT N 0 a M M Vim' N O F- (6 N } U N O Z U Q a a) cn o� a c a `m m r m M t0 � N N N-q N N In r N m O O M M M r M O O t0 r M N M Go cn ^ N f0 N Z U U W w IL C0 H V O O N fq Z r U) F J Z F- z ZLu c O F W O .0 h W a'F_ZU) N? W w v a U) Lu IL m w w w v v� 3 W a�H�t7 w¢� W M o 2 o a a o a w J a a w Z F m c°� m c o mQ��aZ Q¢ w 'O N OI'O N Q- N Q 'O N Ci a ul "O y U w z ar "c ¢ °e E r E z r m N w e nw Q O o Q Q@ E O O@ r E O Q O O U .�. O O R O O O R Z@ 0 0 a W N J fn atDU Nc�U W (nU =(nU JUU F HU NFL) J2h0 W m �ax2lom Z � j m 05?1. DEPARTMENT REPORT: TO: FROM P.O. BOX 1504 BUILDING & SAFELY DEPARTMENT 78-495 CALLE TAMPICO (760) 777-7012 LA QUtNTA, CALIFORNIA 92253 FAX (760) 777-7011 Honorable Mayor and Members of the City Council Tom Hartung, Director of Building and Safety _T__F4 VIA: Thomas P. Genovese, City Manage;_—,0 DATE: March 15, 2011 RE: La Quinta PREP (People Responding with Emergency Preparedness) Program Since the beginning of 2011, Paul Hess, our Emergency Services Coordinator has been doing presentations in both gated and non -gated communities in the City encouraging participation in the La Quinta PREP Program. To date, Paul has completed about two dozen presentations encouraging neighborhoods to become active in the PREP program. Communities that have been contacted include Trilogy, Laguna de is Paz, La Quinta Fairways, Rancho La Quinta, Palmilla, PGA West, and Tradition. Paul has also implemented PREP in his own neighborhood in the Cove. The PREP Program is initiated via a "neighborhood preparedness party" which helps assure participation while informing residents about the challenges they will face after an earthquake. Topics of discussion include how to treat injuries, gather emergency supplies, and how and when to shut off utilities. After attending two neighborhood meetings the participants will take home a written neighborhood PREP Plan to help guide their efforts after an earthquake, flood, or other community emergency. The City has received Homeland Security and FEMA Grant funding in the amount of $2,500 which will be used to print an initial supply of La Quinta PREP booklets for use by program participants. We will also have downloadable information and a PowerPoint presentation on our web page for residents. To date there are about a dozen La Quinta PREP Neighborhood Leaders representing over 100 households participating in the program. By the end of this year, our goal is to increase participation to over 100 PREP leaders representing 1,000 households within the City. 059 J �� DEPARTMENT REPORT: 5 TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services DirectoV ` DATE: March 15, 2011 SUBJECT: Community Services Department Report for February 2011 Upcoming events of the Community Services Department for April 2011: Computers *MS Office Basics *Master MS Word *Digital Camera 2 Photoshop Elements, Senior Center Photos to Artwork, Senior Center Dance *Line Dancing *Ballroom Dance *Swing/Latin Fusion *Intermediate Tap *Dance Workshop Beginning Belly Dance, La Quinta High School Ballet/Tap (4-6; 7-10 yrs), La Quinta High School Ballet/Jazz (4-6; 7-10 yrs), La Quinta High School Exercise & Fitness *Morning Workout *Mat Pilates *Core Stability Ball *Yoga for Health *Yoga for Seniors *Tai Chi Chuan/Qi Gong Nature Walks, Bear Creek Nature Trail W.E.L.L. Morning Walks, Civic Center Campus Outdoor Interval Training, Civic Center Campus The Core Workout, Senior Center Tai Chi Chuan/Qi Gong, Fitness Center Yoga AM, Library Yoga PM, Museum Relaxing Movement, Library Jazzercise, Senior Center Zumba, Senior Center 0593 Free Programs *Quilters *Woodcarvers Leisure Enrichment Hawaiian Culture & Hula (9-13 yrs; 14 & up), Senior Center Italian for Everyone, Senior Center Music Beginning Guitar, Senior Center Rock Solo Class, Senior Center Special Events *Volunteer Recognition Luncheon *Evening Dance *Talent Showcase Youth Egg Hunt, La Quinta Park City Picnic & Birthday Party, Fritz Burns Park Moonlight Movies, Old Town Special Interest *Intermediate Bridge *Dog Training *Mature Driver *Creative Photography *Watercolor *Sketching and Drawing *Ceramics *Hooked on Loops *Senior Center class or activity 0504 Community Services Department Attendance Report for the Month of February 2011 Summary Sheet Program 2011 2010 Variance Sessions Per Month 2011 2010 Leisure Classes 122 121 1 72 92 Special Events 0 415 -415 0 2 Sports 304 415 -111 23 16 Fitness Center 607 858 -251 24 24 Senior Center 1587 1850 -263 120 121 Total 2,620 3,659 -1,039 239 255 Senior Services Senior Center 337 405 -68 11 17 Total 337 405 -68 11 17 Sports User Groups La Quinta Park Use AYSO 600 800 -2001 16 19 LQ Sports & Youth 150 150 0 16 20 Desert Boot Camp 50 50 0 10 9 Sports Complex, LQ Sports & Youth 800 900 -100 19 23 Facility/Park Rentals Senior Center Private Part 200 100 100 2 1 Churches-2 600 600 01 8 8 Museum Meeting Room 120 60 60 2 1 Osher Classes 50 70 -20 6 6 Library Classroom 480 360 120 8 6 Civic Center Campus Private Part 50 50 0 1 1 Park Rentals La Quinta Park 100 100 0 2 2 Fritz Burns Park 50 50 0 1 1 F. Burns Tennis Courts 100 0 100 2 0 Total 3,350 3,290 60 93 97 Total Programs 6,3071 7,364 -1,047 343 369 Volunteer Hours Senior Center 353 326 27 Total Volunteer Hours 1 3531 3261 27 059 5 Community Services Program Report for February 2011 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Leisure Classes Fighting For Fitness 7 0 7 8 0 Relaxing Movements 3 3 0 6 6 Ballet/ Tap 4 - 6 17 12 5 4 11 Ballet/ Tap 7 -10 13 9 4 4 9 Microsoft Excel 7 6 1 4 2 Guitar - Beg. 7 6 1 1 1 Guitar- Rock N' Blues 4 3 1 1 1 Tai Chi Qi Gong 4 6 -2 8 8 Zumba 23 17 6 8 8 Yoga - Morning 6 0 6 4 0 Yoga - Evening 10 0 10 4 0 Dance, Play & Pretend 4 5 -1 3 4 Jazzercise 131 121 1 91 Body Sculpting/ Core Workout 41 81 8 8 Totals 122 87 35 72 69 2011 2010 2011 2010 Participants Participants Variance Meetings Meetings Special Events NONE Totals 01 0 0 0 0 2011 2010 2011 2010 Participants Participants Variance I Meetings Meetings Sports & Fitness Fitness Center 607 858 -251 24 24 Open Gym Basketball 173 342 -169 16 12 Open Gym Volleyball 58 73 -15 4 4 W.E.L.L. Walking Club 18 0 18 1 0 Nature Walk 55 0 55 2 0 Totals 9111 1273 -362 47 40 Community Services Totals 1 1,0331 1,360 -3271 1191 109 05 Monthly Revenue Report for February 2011 Ud nthly Revenue . Facility Rentals 2011 2010 Variance Libra $ 150.00 $ 150.00 $ - Museum $ 300.00 $ - $ 300.00 Senior Center $ 2,362.50 $ 2,962.50 $ 600.00 Parks $ 460.00 $ 600.00 $ 140.00 Sports Fields $ 2,060.00 $ 1,022.50 $ 1,037.50 Monthly Facility Revenue $ 5,332.50 $ 4,735.00 $ 597.50 Monthiv Revenue Senior Center $ 6,304.00 $ 8,001.50 $ 1,697.50 Community Services $ 3,785.00 $ 3,513.00 $ 272.00 La Quinta Resident Cards $ 9,870.00 $ .3,825.05 $ 6,045.00 Fitness Cards $ 775.00 $ 810.00 $ 35.00 Total Revenue $ 20,734.00 $ 16,149.50 $ 4.584.50 Revenue Year to Date Facility Revenue $ 38,130.50 $ 38,283.00 $ 152.50 Senior Center * $ 33,624.50 $ 56,642.50 $ 23,018.00 Community Services $ 33,837.00 $ 32,184.00 $ 1,653.00 La Quinta Resident Cards $ 58,295.00 $ 23,400.00 $ 34,895.00 Fitness Cards $ 4,800.00 $ 4,765.00 $ 35.00 Total Revenue to Date $ 168,687.00 $ 155,274.50 $ 13,412.50 * In 2010, the City received a $10,000 donation from David Orme's Trust which was used to update the Senior Center computer lab. In 2011, revenue decreased due to a reduction in classes offered and reduction of fees. 0517 Senior Center Attendance Senior Center Program Report for February 2011 Participation Participation Variance Meetings Meetings 2011 2016 2011 2010 Senior Activities ACBL 2 99ers'* 276 356 -80 4 4 Bridge, Social/Pa 374 402 -28 13 10 Evening Dance 55 67 -12 1 1 Monthly Birthday Party 48 48 0 1 1 Monthly Luncheon (Valentine) 102 97 51 1 1 Movie Time - 64 59 51 4 4 Putting Action 14 10 41 4 4 Tennis 221 151 701 8 8 Wii Bowling 9 18 -91 4 4 Senior Activity Total 1163 1208 -451 40 37 Senior Leisure Classes Computers - 16 21 -5 7 3 Creative Photography 6 0 61 3 0 Dance Workshop 4 0 41 1 0 Dog Training 5 0 51 4 0 Exercise 60 68 -81 11 11 Golden Tones 50 64 -141 4 4 Hooked on Loops 8 7 11 2 2 Line Dancing 17 0 171 4 0 Mat Pilates 29 29 0 11 11 Quilters 36 39 -3 4 4 Sketch/Draw 19 11 8 4 4 Swing/Latin Fusion 7 12 -5 4 4 Tap 15 34 -19 4 8 Ukulele Players 70 60 10 6 5 Watercolor 23 33 A0 3 3 Woodcarvers 39 21 18 4 2 Yoga for Health 20 21 -1 4 4 Senior Leisure Classes Total 424 420 41 80 65 TOTAL SENIOR PROGRAMS 1587 1628 -411 120 102 Senior Services AARP Tax Assistance 85 91 -6 6 11 CAP Warm Center 7 0 7 6 0 FIND 182 198 -16 4 4 HICAP 3 35 -32 1 5 Legal Consultation 7 4 3 1 1 Notary- 1 1 0 1 FREE Seminars/Presentations/Screenings (4r 18 26 -8 4 5 Volunteers 34 48 -14 nla n/a TOTAL SENIOR SERVICES 337 403 67 11 15 SENIOR CENTER TOTAL 1924 2031 A06 131 117 'Included., Huh? Help U Hear; Balance, Joint & Grip Screening; Who Dunnit Book Club California Low Cost Auto Insurance " New ACBL Bridge group - This group is smaller than the original ACBL group. Parks Activities Updates For February 2011 A sign for the Fred Wolff Bear Creek Nature Preserve was installed at the southwest corner of the facility. This sign identifies the additional 9 acres of property that was added to the Nature Preserve by the City Council on January 19, 2010. The entire 28 acre facility has eleven signs that are located at the entry points of the property. These signs are all made out of recycled materials and were purchased with grant funds. The population of ducks at the Civic Center Campus has reached a level where it is now necessary to reduce their numbers through non -lethal methods. A contractor will be at the Campus on a daily basis with equipment that will encourage the waterfowl to migrate to another location. This non -lethal program has been used successfully at golf courses throughout the valley and the contractor is highly recommended. In recent years, it has become popular for residents to visit the Campus and feed the ducks. Unfortunately, any wild population will grow to the level of available food. Now, the large duck population is causing damage to the turf, defecation on the walkways, and there is additional concern about sanitation and health. The intention of the population management is to reduce the number of waterfowl to a manageable number. 0599 Department Report: / T c OF r TO: The Honorable Mayor and Members of the City Council FROM: Les Johnson, Planning Directoli-�� DATE: March 15, 2011 v SUBJECT: Department Report for the Month of February 2011 Attached please find a copy of the Planning Department Report which outlines the current cases processed by staff for the month of February 2011. 0610 1 N Z cW G d W 0 0 Z Z Z Q a O a W H z W cr Q a W 0 0 N } Q D m W Ll- Z H O I - a � m E U U) W cn W U) Y •O 'O 'O "O "O 'O '6 'O •O 'O 'O 'O "6 "O 'O 'O 'O 'O -O "O "6 'O N N N a) a) 0) 0) a) N N d N a) N N (D CD CD a) N a) N W Y Y Y Y Y ++ Y Y Y Y Y Y Y Y Y Y Y Y Y Y ++ Y "0 E E E E E E E E E E E E E E E E E E E E E E a a a a a a a a a a a a a a a a m a a a a a w Z 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 Z Q 0)N N N N N N N N N N N N N w N N N cn N N N w J O. O�OONOON,Lon om ooO�o0000, a� M � Z Q fn Z O J H N Y Q (u U F- W s a W N ~ CO o a N Y C Y y Z_ C N C E U)cOo E w 0) a +_' N C U U) y a c C N o. a m co m C N N m N N a Q 3 a) � m a°� aN� Q . E L a Q O. Q y mcn N U C i., U C O "O y d C N C: N O. C N M a N "C IU N l0 O T =� O f0 E IL ~ T O C 7CL E a Q 'O N .P O N E N d f0 N N N (0 0 O a CcO Q D V C N y U Z.@ C -p p C N C C EN C N C C O N a N ++ a Y N N N— 0 00 C W LZ(D O -i ��aaincn<ncnHHH>NN O (n 06 "1 N } H F- U a z _O N O U c� Z z Z J LL O N W N Er a Z) cr 00 t1A LL O H O 0 N J D i O CO N d' N N Z O H a U N ul ° a a a a a a a a a a a o a a a a ° p N N N N N N N N N N N N N N N N yi Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y ice+ LU ` Y E'E'E Y Y Y E'E E'E'E'E E E E'E'E E'E \ / O O C: 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 0CL 7 a y 0 f/1 N fA y y V) Vl fd y to y to y fA LL O N O O O O O N M O O O O O O, Q Q i U)C7 H Z D O O Q LL F W Z w LU fn ° } .5 Lu ClCL3 v7 iy'' C N U) C C M t C N LJJ cof' Q WC E N co d a a d 01 O C y C LL O U rn IL m y yLU tM c N a Q c Y m ( C A dLU ° y a Q.0 E y V U U N Q m Cw G (0 = C* N fa0 U c C y O- C N W � LL m O 2 E CD coo A:!o a E a I- au)) c o O O cLL LU ZL) c aE , 0Z > > U O O J ;c LL° �-, N fY0 67 C Q Q a C>> m c a c 0 c c m E U C O O ) Y a 0 O O Q U ° W L� ( fn Cocn (n H !- i N N H 0612 M DEPARTMENT REPORT: O c OF FMEMORANDUM TO: The Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, P.E., Public Works Director/City Engineer DATE: March 15, 2011 SUBJECT: Public Works Department Report for March 2011 Attached please find the following: Citizen Service Request Summary; 2. Encroachment Permit and Plan Check Services Summary; 3. Capital Improvement Plan Status Update; 4. Monthly Summary of Public Works Tasks; T ket4� motA,*,na n Public Works ir or/City Engineer 06 "13 } W a z N z } W J S z K Z W F Nwa 0 Y 7 7 K IX O W w �3�a m > 7 W IL y z w N H U O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W o 0 0 00 0 0 0 0 0 0 0 0 0 o O g O 0 0 o e o 0 0 0 o e e e o 0 0 0 0 W W V N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O a o o O m N o O N O O o (7 O W> � W O W K O O d O << C N C N O O O C O N O d O L v a�i a m M 0 ° ry y c � � � n rn c a K y U m Yn m c O1 N E z N w N W d f0 U g q o _N N N _N c F C a 01 d f/1 m >rcin y t3 c m d w �U W O � � N U Y U U W Q J S � 2 U f Z Z mLLI O LL M LL 0 0 0 0 0 o 0 c 0 0 0 0 0 0 0 o CD O a 0 0 0 0 0 o aw W N O N N N N N N N J N N W N N N N N N N N LL J N N N Q F H m O Z J Z (L LL a a LL ago Z Q m Q Q v Q o Q o w Ow ZN Zm zI din Zro K� ll LL N LL ry LL N LL N ❑U LLI OF OH ❑F- OH O Z O a ❑ Q O Q 0 Q 0 Q S O w~ w t w t w w F- f n v v ._. v 0LU a a a ¢ a w ~ U) U) U) U) CD U) Z o CD ((D (D J a a a LL a I 0 m 06Dl5 O N C W m N a) C T a) O C a) � O O�� y L aS C m m= y" O r C O O 'O M S] L U ,O � N (n ,C A N C N U ~ f0 N N` C N N C Q' O a O m N N .O @ O y ?) O +O+ y 0 X N Nm N N "p r Y C .N C � O N y m d L aD a) F a) 'O O U Y r 0 'p C 9 N� N U 7 a) L @ (0 �� L C l0 m d t6 o W a O a 7 y a H H U O O O u N N Oo0 ¢ .- aa'Ng vZOC N a p J W a > F J UwU aa) 2 w 'o U. C e O o a J d a H a a U 0G :n 0) a)�r m ;- .. C.> _0 cc cO Ln E m 0 0) U Q) M r o 'O Lo 'V p_ a) a) W Q ca M - fn m O m E O T a) O LD >, O N 0 3 y N C >• m 0 E C U d d N O m y H d d Y~ Y (J a7 M r y � U 7 "y0 M U N o L 0 y m m C m m C o 7 Q U N C 0 H N Q a a) d r UO F O y N L m O y L w p w 0 (� J} +T+ N LL J O Y N I 7 N U p a) C N m ° �a U c o� m C C 3> °'o O -=j C �� O a) > 0Q •,., > L O N o o U .N O Er U 0m CL m m O- " E y C .0 C U a) U �j cCO c F y y y N m > `M o m° E m o m U a 0 O U m r Q O - C- -0 vm-. - ° > - O) 3 CO.T � 0 L N a) J 'U Y a) 3 O U m m m M N CL Q E C-0 D _m y C m y 3 m YO m O M mw c M o U rn.- m U m +y+ o 3° o 7 m O M, _ o U U c m o o p O 7 >• -0 +'' 11 9) a) O m m U , L L O O- 0) � U U m m 'Y y 'M U C C U) O 0 m >O 'o 0 N Q a)� 00 a) U M E rn �_ a) c y O. Ci o m Q' cur a) +T+ y C C Q y ♦+ y N U 3 c p T y r c m U U y C a) M .m Q y a) E o T a w m m M o [[ '` . m p a) +� m O c a) a 3 rn M O m c p o O0) w m 'O " 0) ,,,, M > w m— C 'y 0 C O M o a) a r~ o co '� a) O c co_ `- m Q 7 m ~ C =O C C O_ -m0 Y a=+ ,� 2i O > -_ m 0 m a+ U m 0 O) M C- a L a) M y L y X m 0 0 T a) -0 L N m a) Y p^ co 0 >• t m m C Y U O = 0 O U U C O "O M-C C CL y � -0 0 m N U C M O m M O- J 0 C U y .++ O) ;" m E !-' m 3 0 01 3 E O- 'm C7 o o m m d1 a O U m M y *_ E N o p w O O a) '6 Q •0 p- .� o Q _ U CC D U r„ Y a) -C m .0 m— O C a E c m m "0 U` d y LL O t U c ++ +. ) t -O C -0 y - m n. O> - y •0 C C m C T _ CO Y Q O O (n O- a) -C U �- r co U U `� L O L m m m CL U« Q 0 Q -0 73 0) O ,> O-C y O m O �- m c .- w o o .�+ �+ -C a H E 3 C m a) C > O) c C .0 7 N' C U 7 U m > m " 3 c > '- Q. " > > M F E .m m ° a) c E O m U y U c 0) y 0 0 c O) "O y C o a) cc: a) O M m m U U a) O -0 -_ U C r O C� 7 O Y N r@ a) O Q O O- ] a) CD 0) L a) U O X U MO Q) p U p �- O- - Q y I- O- U � �+ U p U m N � .N p � Q f- p y U a) .0 CC = d a) (n 7 - E O- e- O Q Q O O O O Z Z Q) I 01 I 0) (n O O O O T O a) O O 0) O !D O L6 a- N N LO r� N O O M lD m 00 O N ur ur ur O Y m _ Q 0 0) m y ++ y 0 o D p y c U y y E y E 0LD Q m C C o 3 " c > >, c 'o N m ... .. 0. m T c > o m M d o) c`° o H o m m Q 3 J o D ; 0 3 a m c c 9 �+ y 0 r O �+ U) d m' C C O 7 N C s tm r G O) . O) Q M V 2 O 2 M N G a) I G Q N 0 S oS.o. o. N m to N - m N y N -t� m m r O O m c m +-' O" o d 0 0 o c> C)3 3 �'0 E > p c moo) �c moo �a3 e)co o)�Ncmi`m op°1 E 0> o`er$" m omry m o; x o_omo '� :p O c O Q N O E r O o O X O O N C. tL NO]Q N... ID N�_fq NCC ....� N W �. NO_.. 3 m N C O� C UC o� a U a) �y0° °"a)mC)°o "ON m 'p[o7N ai OWN O m -OUU(D aUm°i = w Oan-CLL -0 ° ym. Oc7 7 a Q cro -o EvOm m Ev° >cn mLOm m 0)c a 0'0) "OCa0 N>CN7IL° O0C rnc tLv? -o•m �OQ Z °m0 a) d� O `6'°'Mmo �'ow �o °'ov CCLO cN O- N NQQ m ENCNI "0-00N0 IL00 C:U ° F�LUNN aom cco O E U>wIn a) U > mmao cc c oNamai •,Q Y��a�-YNo0N0 °M ooa)a) U s`Zr(Na�� o�.a. m ° 7 ao Q, U �y � Nam m o m ��N Yo�C:N 0°F- r0 C� U) !EQr.O� co Cl) (O �L+Y.CUmN.•, UI—•w'-�tm�7Jn O o ���t�U_.YadCeNN `° ?: 0 L-0UQ rnooya 'NE °)� I�rcN` NIn9CN-0do 0UU O N�L�ON N E`y Q) 0] pj co N mOO z _0 'a N .OTO m U-C o -o m .°E mE cmt Q C NO O N O E U'O0Z� y>m7L 0 0N N C E2 UNOV m 7NO)C7 • WOa @7 OC YN aN N O •QUUd�YcCN�mNN�y�mC M 0y 0� 0 � -OUU L y ,Um3 . Ncc 9r.-mcNm°p0 m 7 yN 'ON"O mC 0 O "° o 3U ai oa a om y 0' moo�0N o >C7 O mC 0m a)C)U a s a o U o m U E Qcn p U .OmU7�>' U E LO NOOO���Nr{OL~�'C- emsO�IO��O+�0ppmdlQ�w.a�+iCaym�-I[ ��O�aOOU0pm��Y-._OCNcjC3 p�.rtaNdc0fy3yNCTi.++l .+1 y•�a���.EdCNNN JoMQ'Na�UNymy�y-' • � O O_ N C N -CO -C "O — 0 N N U N '- T LL a 0 (O m N N O N U > ++ ++ C N L cr6 N C O -C � °r�LN N O U °yam' O 7 N a°p-t Q>c�3 T N t a, o y m o. a� -0 a U 0) a p V a� aNi ¢ V o a a c c r � of m ya) S U �� o o. c o f6 0) � c 7 -CL 0. a c LL �oa�a a d r a)Q N U 3 O >•° � •-a NN�N @0z.N c a ° �,•c- E m�w> 'Eb 0 � C U ° a m �> aNi (n O a) L N a)C) O O d O. L a)0 -p Na) N L N ..+ N N O N .� fn t0 co N O_ U O O (O N y Y C aL+ t6 O C _O CO O F V r 0 .(0 N. O` C 3 0 O T O� m -O N N N UO L � Co 0 r p0 O) Co � 0)CI N M F LE c) LLLL N '.C---. C CDC M N p a d c U d� O a.+ 0) N 0 ` N d N �O m '> O N w 3 N C N O U Nm�� U N a N N U O) c N O C C O -° 'O N °� O N 7 C 7 a O m L a> O 7 (6 U N Z N L OY -p W,[�7°-O O3 O 0 ~ pNN •m km N Ol ON _ C co N N NOa � p 0� m � O N 0a���� � u.l 0 0)-C m O. 7 � � L j y 'Cl d •C .c�` -p a C 7 U C a N C � .0 Co yN, O U fn O a w 7 Q� 7 y N C Q �� > O � 7 N°a)cOC)NO C >' N0 NCr�H�`pM ,a •Q T 'O�coC y E0 3 .N y Cl N O O) UUCU � p UU0�U�� CraLLONa)-0 .O C> � 7 N N N � (0 °- O. � y O_.L.., "O N. o O CD 0 3 o N L N U "O c � a U -C Y -C a' o. �... c a c6 O o L c a) d c a 0 7 m m m m m O 0 � co O O O T O 00 0)CV) O O O O co n m a a O N N a � LL7 4 M O O It N M � -e vr• fn to to N Y N cAS � N C C � L . U r O C � N O O N m� r A N J F N d W m� L� m •- N` � a N� m i0 Y a� S 3 c Z� 3� x� a Y� 3 N fD � n N 00 O N O d C T W m O O d 00 O@ O c 0 O� MONTHLY SUMMARY OF PUBLIC WORK TASKS MONTH OF: February, 2011 Employee's Hourly Labor Breakdown Crew#1 Crew #2 Crew #3 Maint. Mg. Code Activity 5 Men 4 Men 3 Men 1 Man Total 1000 Policing/Inspection 34 82 0 7 123 1001 Pot Hole -Repair/Patching 24 10 0 2 36 1002 Crack/Joint-Repair 0 3 0 0 3 1003 Pavement Marking/Legends 0 2 0 0 2 1004 Pavement Marking/Striping 0 16 0 3 19 1005 Curb Painting 3 8 0 1 12 1006 Other Traffic Controls 5 32 0 0 37 1007 Curb & Gutter Repair/Const. 24 0 0 0 24 1008 Other Concrete Repairs/Const. 7 15 0 0 22 1009 Street Sign Install (New) 5 2 0 2 9 1010 Street Sign Repair/Maint 32 1 0 8 41 1011 Debris Removal 11 22 2 3 38 1012 Right of Way Maint. 10 45 64 0 119 1021 CLEAN Catch Basin Inlet/Outlet 0 28 0 0 28 1022 Ronda Channel Outlet/Vault 0 0 0 0 0 1022A Desert Club Outlet/Vault 0 0 0 0 0 1023 S.D./ D.W./C.B. Repair/Maint. 0 6 0 6 12 1024 Gutter/Median Sand Removal 0 2 0 0 2 1025 Street Sweeping (Machine) 0 140 0 0 140 1026 Street Sweeping (Hand) 2 4 0 0 6 1027 Sidewalk/Bike Path Cleaning 0 0 4 0 4 1028 Dust Control 0 0 0 0 0 1029 Flood Control 0 0 0 0 0 1031 Parks/Retention Basins Inspection/Clean-L 0 9 84 0 93 1041 Irrig/ Weeding, Shrubs & Tree Trimming 58 10 164 3 235 1051 Landscape/Irrigation Contract Managemen 0 01 19 11 30 1052 Lighting/Electrical Contract Management 0 0 13 14 27 1061 Small Tools Repair/Maint. 1 0 7 0 8 1062 Equipment Repair/Maint. 2 0 6 0 8 1063 Vehicle Repair Maint. 7 4 4 1 16 1081 Trash/Litter/Recycable Removal 0 0 20 0 20 1082 Vandalism Repairs 1 0 0 0 1 1083 Graffiti Removal 179 50 22 11 262 1084 Maint. Yard Building Maint. 42 0 0 0 42 1085 Seminars/Training 0 8 0 6 14 1086 Special Events 0 0 0 0 0 1087 Citizen Complaints/Requests 104 51 0 0 155 1088 Meeting 2 27 13 20 62 1089 Office (Phone, paper work, reports, Misc.) 32 29 14 51 126 SUBTOTAL 585 606 436 149 1 1776 1091 Over Time 15 5 6 0 26 1094 Jury Duty( 0 0 0 0 0 1095 Sick Leave 33 0 9 0 42 1096 Vacation 26 34 11 3 74 1097 Holiday 44 0 24 8 76 1098 Floating Holiday 0 0 0 0 0 1099 Worker Comp/ Bereavement/ STD 112 0 0 0 112 SUBTOTAL Hol 9 321 11 330, TOTAL HOURS 815 645 4850 6 160 2106 TOTAL MILES 34171 33321 20891 171 9009 Department Report: q_ • LA UNTA P*LICI Served by the riverside County Sherifs Depart Police Department Monthly Report February 2011 • Prepared for • 0611 La Quinta Police Department • SIGNIFICANT ACTIVITY REPORT Captain Raymond Gregory Chief of Police Tuesday, February 1, 2011 7:45 AM — School Resource Officers arrested a La Quinta High School student on campus for possession of methamphetamine and marijuana. He was booked at Indio Juvenile Hall. 8:00 AM — Officers responded to local hotel regarding a suspicious person call. Anthony Toroella, 20, of La Quinta was arrested and booked for a parolee at large warrant. 3:04 PM -- Store security from Wal-Mart reported a man had stolen merchandise and had brandished a knife at security personnel when they tried to detain him. Store employees provided a direction of travel and detailed description of the suspect. Officers found a man fitting the suspect description near Adams and Highway I I I and detained him. Wal-Mart security personnel positively identified the man as the suspect. Officers also recovered the stolen property. Alexander Fisher, 18, of Bermuda Dunes was booked into jail for armed robbery. Wednesday, February2, 2011 12:03 AM -- Officers responded to the 50700 block of Santa Rosa Plaza reference a subject urinating in the bushes. Joshua Paul Barker, 41, of Indio was contacted and was arrested and booked for public intoxication and resisting arrest. 30 AM — Officers observed a suspicious vehicle driving in the area of Seeley and Sanita. The vehicle appeared to be driving aimlessly through the neighborhood. The vehicle was stopped on Washington and Via Sevilla. A passenger, Osvaldo Gonzalez Ortega, 38, of Indio was arrested and booked for being under the influence of a controlled substance and two misdemeanor warrants. 12:25 PM — School Resource Officers arrested a female juvenile, 15, of La Quinta for assaulting a male student, 15, of Coachella during an argument. After the assault, the victim hit a classroom glass window out of anger and received minor cuts to his right hand. He was transported to a local hospital for treatment and later released to his parents. Vandalism charges against the victim, for breaking the window, will be filed out of custody. The female was booked at Indio Juvenile Hall for battery. 6:52 PM — Officers responded to the 49000 block of Coachella Drive regarding a hit and ran. Following an extensive investigation, Joey James Cesare, 18, of Rancho Mirage was arrested and booked into the Indio Jail. Thursday, February 3, 2011 8:40 AM — Traffic Services Team officers responded to a hit and run that occurred in the 52900 block of Avenida Rubio. Based on witness statements and evidence found at the scene, a search warrant was obtained and served at a residence in the 53000 block of Avenida Rubio. A vehicle was located inside a closed garage at the residence with damage consistent with the collision. The vehicle was impounded as evidence. The driver of the vehicle is unknown at this time. 10:26 AM -- Officers responded to a past domestic battery that occurred in the 53600 block of Avenida Carranza. The victim said her boyfriend, Jon Berg, 42, of La Quinta assaulted her during an argument. The suspect was gone and the victim did not know his whereabouts. This case will be filed with the DA's Office. • 0GI') 6:20 PM — Special Enforcement Team officers conducted a traffic stop at Highway 11 I and Dune Palms Rd. John • Bell, 42, of Indio was arrested for three drug related warrants. He was booked into the Indio Jail. 9:25 PM — Special Enforcement Team officers served an arrest warrant in the 52100 block of Avenida Vallejo. Christopher Klinginsmith, 23, of La Quinta was arrested and booked into jail for a burglary warrant. Friday, February 4, 2011 1:05 AM — Officers responded to the 79400 block of Hwy lllin reference to an alarm activation. The business owner contacted the La Quinta Police Department and advised that the cash register had been tampered with and the area around the register had been ransacked. The suspect(s) then dropped into the business via the roof. Evidence was obtained at the scene and the investigation is ongoing. 12:00 PM -- Officers responded to a domestic battery in progress at Done Palms Rd. and Highway 111. Damn Kimberlin, 19, of Indio was arrested and booked for misdemeanor domestic violence and false imprisonment. 3:53 PM — Special Enforcement Team officers conducted a traffic stop on Ave 48 x Jefferson and arrested the driver, Eduardo Sevilla, 24, of Coachella for theft and vehicle code related warrants. He was booked into jail. The juvenile passenger was arrested for resisting/delaying a peace officer and booked into juvenile hall. 7:10 PM — Officers responded to a report of a robbery in the 79900 block of Hwy 111. A single suspect entered a store, brandished a weapon, and demanded money and items from the business. The suspect then fled the location. Saturday, February 5, 2011 3:04 AM — Officers responded to Puerta Azul and Madison regarding a subject blocking the gates and passed out behind the wheel. Scott Allen Henry, 50, of La Quinta was subsequently arrested for driving under the influence. unday, February 6, 2011 5:58 PM — Officers responded to a report of a man down at Ave 52 and l, Madison. Richard Hensely, 60, of Thermal was arrested and booked for public intoxication. 7:01 PM -- Officers responded to a report of a past child molestation in the 52600 block of Avenida Villa. The suspect, an adult male, 49, of La Quinta allegedly molested his 13 year old daughter. The suspect was not at the residence at the time of the report and Investigations will be conducting the follow up. 8:22 PM -- Officers responded to a report of a robbery that had just occurred at Avenida Montezuma and Calle Chillon. Three males in a brown vehicle stopped and forcibly took thel victims money and cigarettes while he was walking his dogs. The victim was not injured. 9:40 PM -- Officers responded to a domestic disturbance in the 78400 block of Via Pavion. John Higgins, 51, of Palm Desert was arrested and booked for spousal abuse. Monday, February 7, 2011 6:41 AM -- Officers responded to the area of Deerbrook Circle and Bayberry Lane regarding a suspicious person who was possibly casing the neighborhood. Officers located and arrested James Brown, 28, of La Quinta who was found to be in possession of narcotics and stolen property. Brown was booked into lithe Indio Jail. 8:00 AM — School Resource Officers investigated a report of extortion involving La Quinta High School students. A student threatened to use sexually explicit photographs of other students in order to obtain sexual favors. The student confessed to his conduct and school officials have suspended him. Investigation is continuing and charges will be filed with the District Attorney. r-I LJ 0&13 5:27 PM — Officers responded to the 78900 block of Highway I I I regarding a theft. Miles Kennedy, 20, and Robert • Yanes, 19, both of Palm Desert, were arrested for commercial burglary and booked into the Indio Jail. 8:58 PM -- Officers responded to a report of a male brandishing a weapon in the area of Jefferson St. and Highway 111. The reporting party stated a male in a vehicle brandished a firearm and made threats towards the victim. Officers located the vehicle on Calle Tampico and a felony stop was conducted. Eric Tovar, 23, of Indio was arrested for criminal threats. Passengers Richard Ramirez, 25, Andrew Hernandez, 23, Ismael Sanchez, 24, and Francisco Hernandez, 38, all of Indio were arrested for public intoxication. No firearms were located in the vehicle. It is believed that Tovar brandished a broken piece of steering column to simulate a firearm, while making threats to shoot the victim. 10:27 PM — Officers responded to a non -injury traffic collision at Eisenhower and Calle Durango. Manuel Gallegos, 23, of La Quinta was arrested and booked for driving under the influence. Tuesday, February 8, 2011 6:51 PM — Special Enforcement Team officers served an arrest warrant in the 78400 block of Terra Cotta. Jason Bieser, 30, of La Quinta was arrested and booked into jail for a felony narcotic related warrant. 6:52 PM — Officers responded to the 78400 block of Highway I11, regarding a report of an armed robbery. Two suspects entered the business and brandished a handgun. The suspects took jewelry and cash. The suspects fled the location on foot. No shots were fired and nobody was injured during the robbery. 8:33 PM — Special Enforcement Team officers conducted a probation compliance check in the 78500 block of Sanim Drive. Edward Carhart, 50, of La Quinta was arrested and booked into jail for possession of drug paraphernalia and violation of probation. 9:00 PM — Special Enforcement Team officers conducted a parole compliance check in the 50600 block of *Eisenhower Dr. Daniel Ramirez, 25, of Indio was arrested for possession of methamphetamine and violation of parole. Marissa Ruiz, 28, of La Quinta was arrested for possession of methamphetamine, possession of drug paraphernalia and violation of parole. Rachel Flores, 36, of La Quinta was arrested for possession of methamphetamine and committing a felony while on bail. All three were booked into the Indio Jail. Wednesday, February 9, 2011 7:00 AM -- Officers responded to a report of a traffic collision at Avenue 48 and Washington. Myles Nielson, 24, of La Quinta failed to see a juvenile who was waiting for the crossing light to change. The juvenile began riding his bicycle, in the crosswalk, when he was struck by Nielson. The juvenile received minor injuries and was transported to JFK Hospital and was later released to his parents. 4:36 PM — Officers responded to the 79000 block of Morning Glory regarding a check the welfare call. Officers arrived at the location and found Michael Buckley, 41, of La Quinta to be highly intoxicated. A female juvenile was found with injuries and was transported to JFK for medical treatment. CPS was notified and removed two other children from the residence. Michael Buckley was arrested for child endangerment and booked into the Indio Jail. 7:54 PM — Officers arrested Christian Valdez, 19, Jose Bermudas, 19, and Guadalupe Valadez Esqueda, 20, all from Coachella, for commercial burglary and conspiracy in the 78900 block of Highway 111. All three were booked into the Indio Jail. Thursday, February 10,2011 8:05 AM — Officers responded to the 79200 block of Desert Crest Dr, regarding a possible attempted suicide. An adult female had taken an overdose of medications. The subject was alert and responded to questions before being transported to JFK by AMR. A 72 hour evaluation was completed. &ridgy, February 11, 2011 0614 .8:57 AM — School Resource Officers were called to investigate a report of possible child abuse at Paige Middle School. Investigation found the accusations to be unfounded. 11:15 AM -- School Resource Officers received information that a female juvenile was in possession of Marijuana on campus at LQHS. The student was searched and found to be in possession of Marijuana. Her father was notified and she was released to him. 12:08 PM -- Officers responded to the 79900 block of Hwy I I I regarding a report of a robbery. Investigation revealed that Scott Vanderlee, 45, of Indian Wells left the store with stolen tools. He was confronted by security and began to fight with them in an attempt to escape. He was held for deputies and taken into custody. Vanderlee was transported to Indio Jail for booking. 9:00 PM — Special Enforcement Team officers were conducting surveillance in the area of Washington St. and Channel Drive when they observed a male adult writing graffiti on a nearby business. The suspect was followed away from the location and stopped at Wakefield Circle and Cold brook Drive. Danny Canal, 18, of La Quinta was arrested for vandalism. He was booked into the Indio Jail. 11:20 PM — Special Enforcement Team officers conducted a traffic stop at Simon Drive and Highway 111. Joe Carrillo, 27, of Indio was arrested for a felony driving under the influence warrant. He was booked into the Indio Jail. Saturday, February 12, 2011 7:50 PM — Officers conducted a pedestrian check in the 78900 block of Highway 111. A juvenile was arrested for possession of a switchblade knife. He was released to his parents at the scene. Sunday. February 13, 2011 •8:29 PM — Officers responded to the 79200 block of Highway I I I regarding a subject detained for theft. Justin Dane Schultz, 22, of Indio was arrested for commercial burglary, possession of burglary tools and possession of a deadly weapon. Schultz was transported and booked into the Indio Jail. 11:29 PM — Officers responded to a single vehicle traffic collision at Avenue 54 west of Jefferson Street. A witness stated the vehicle passed her at an estimated 90 mph. before colliding with a power pole and flipping several times. The driver, a 21-year old male from San Bernardino County, was ejected and fatally injured. Alcohol is suspected as a factor in the collision. Monday, February 14, 2011 1:00 PM — Officers responded to a report of a theft in progress in the 79200 block of Highway 111. Loss prevention personnel stated they had two subjects under surveillance that were cutting open packages and concealing the items. Charley Beushausen, 18, of Cathedral City and Karina Naduville, 19, of Cathedral City were arrested for commercial burglary. Both were booked into the Indio Jail. 5:57 PM — Officers responded to the 50700 block of Washington Street regarding an adult male, age 96, who missing from the location. The missing individual went on his daily walk at about 2:00 PM and had not returned home. Deputies searched the area for approximately 2 '/2 hours without success. At about 10:30 PM, officers learned that the Calexico Police Department had located the missing person at the Greyhound Depot in Calexico. Family members were notified and responded to pick him up. Tuesday, February 15, 2011 9:50 AM — School Resource Officers were informed by school officials that two students had stated that a student had explosive material in his backpack, in the classroom. School administrators directed the evacuation of all classrooms. 41Ve student accused of having the explosive material was located, detained and questioned. The backpack was located in the classroom and no evidence of explosive material was found. The student's parents were notified and his home • was searched, but no evidence of explosive material was located. 8:11 PM — Special Enforcement Team officers conducted an occupied vehicle check in the 79110 block of Highway 111. Ruben Tovar, 48, of Coachella, was arrested and booked for possession of heroin, possession of hypodermic needles and violation of probation. 11:00 PM — Officers responded to the 78700 block of Hwy. 1 I I reference a disturbance. Kostel Kokora, 38, of New York was contacted in the parking lot at his vehicle. The vehicle was reported stolen out of Phoenix, Arizona. Kokora was arrested and booked for possession of stolen property. Wednesday, February 16, 2011 11:30 AM — Officers were dispatched to a report of domestic violence in the 51700 block of Avenida Mendoza. Erik Sauceda, 22, of La Quinta was arrested for spousal abuse. 2:00 PM — Officers conducted a traffic enforcement stop at Dune Palms Road and Highway I It. The driver, a 33- year-old woman from Yucca Valley, made threats of wanting to harm herself. She was detained for a mental health evaluation and an inventory search of her vehicle was conducted. During the search, prescription medication was located that did not belong to her. Charges of possession of prescription medication will be filed. The woman was taken to mental health for evaluation. 2:09 PM — Officers responded to the 78000 block of Naples Drive in reference to a non -injury traffic collision. The juvenile driver, 17, of Palm Desert collided with a fire hydrant and a power box at the location. The driver was arrested for reckless driving and released to his parents. 4:45 PM — The Business District Deputy responded to the 78900 block of Highway I I I regarding a report of drug activity. Miles Kennedy, 20, of Palm Desert was arrested for possession of heroin, being under the influence of a •narcotic and possession of drug paraphernalia. 6:40 PM — Officers responded to the Bear Creek Hiking and Bicycle Trail in reference to a lost hiker. A male adult, 62, of Palm Desert, contacted his wife and told her he had gone off the trail and was lost. He told his wife he had plenty of food and warm clothing but is low on water. He stated that rather than attempt to hike out in the darkness he would spend the night on the trial. Desert Search and Rescue was notified and responded. 8:47 PM — Special Enforcement Team officers conducted a pedestrian check at Adams Street and Victoria Drive. Dustin Wells, 22, of Indio was arrested for possession of methamphetamine, possession of drug paraphernalia and violation of probation. He was booked into the Indio Jail. Thursday, February 17, 2011 11:40 AM — School Resource Officers arrested Joseph Anthony Martinez, 19, of Indio for resisting during a probation compliance check in the 52500 block of Avenida Ramirez. He was booked at the Indio Jail. The residence is in foreclosure, abandoned and being used as a flophouse. Code enforcement responded and deemed the residence uninhabitable. 12:31 PM — Officers responded to the area of Sanita Drive and Arosa Way regarding a suspicious person. Jonathan Henderson, 28, of Pinon Pines was arrested for commercial burglary and possession of stolen property. Friday, February 18, 2011 2:45 AM — Officers responded to the 50600 block of Eisenhower Drive regarding a domestic disturbance. Rocio Carmona, 21, was arrested and booked into the Indio Jail for domestic violence. 10,43 AM — Officers responded to the 77800 block of Calle Sonora and arrested Omar Martinez, 18, of Coachella for Oossession of stolen property. Martinez was in possession of a stolen bicycle. Martinez was booked into the Indio Jail. QG1r 5:05 PM — Officers arrested Vicky Pamela Galvez, 26, from La Quinta for shoplifting in the 79200 block of Highway . 111, Galvez was booked into the Indio Jail. 5:07 PM — Officers responded to a report of an armed robbery in the 79800 block of Highway 111. The suspect entered the store with a weapon and took money from the cash register. before leaving the location. Officers canvassed the area but were unable to locate the suspect. 11:00 PM -- Special Enforcement Team officers conducted a pedestrian check at Highway 111 and Dune Palms Rd. Frank Jewell, 33, of Palm Desert was arrested for a felony theft warrant. He was booked into the Indio Jail. Saturday, February 19, 2011 2:31 AM — Patrol officers were dispatched to a traffic collision in the area of Avenida Villa and Calle Chihuahua. Officers located an unoccupied vehicle in the front yard of a residence in the 52700 block of Avenida Villa. Investigation led to the arrest of Stanford Neal Stringer, 20, of La Quinta for hit and run. 7:33 AM — Patrol Officers responded to the intersection of Washington Street and Calle Tampico in reference to a major injury traffic collision. Investigation revealed a vehicle traveling southbound on Washington Street entered the intersection on a red light and was hit broadside by a vehicle traveling westbound on Calle Tampico. Two individuals were transported to the hospital with moderate injuries. Officers responded to the hospital and learned that one individuals condition had been downgraded due to head trauma and internal injuries which were possibly life threatening. 1:14 PM — Patrol officers responded to the intersection of Washington Street and Calle Tampico in reference to a traffic collision. Investigation revealed a vehicle traveling westbound on Calle Tampico ran a red light and collided with a vehicle traveling southbound on Washington Street. The impact caused the two vehicles to collide with two other vehicles which were stopped at the intersections. Two were transported to the hospital with a complaint of pain and were later released from the hospital. • 11:26 PM — Officers responded to a domestic disturbance in the 51600 block of Avenida Mendoza. Ian adult male, 28, got into an argument with his girlfriend and made statements indicating he wanted to harm himself. He was transported to Oasis Mental Health for a mental health evaluation. Sunday, February 20, 2011 10:02 PM — Officers responded to Highway I I I and Jefferson Street in regards to a report of a distraught female. The female, 19, had just broken up with her boyfriend and had made statements she was going to harm herself and her infant childe. The female was taken to Oasis Mental Health for a 72 hour evaluation. Monday. February 21, 2011 3:20 PM -- Officers responded to a burglary in the 79600 block of Highway 111. A male juvenile, 17, entered a store and grabbed the tip jar off of the counter and fled. Employees gave chase and caught the suspect in the parking lot. 5:05 PM — Officers responded to the 77100 block of Calle Durango regarding a report of a possible overdose. Robert Rodriguez, 52, of Cathedral City was using heroin when he overdosed and stopped breathing. CDF responded to the scene and was able to resuscitate Rodriguez and transported him to JFK. Officers stayed at the scene to recover a loaded syringe of heroin and get witness statements. When officers arrived at the hospital Rodriguez had fled. Charges were filed out of custody. Tuesday, February 22, 2011 1:33 AM — Officers conducted a vehicle stop on Eisenhower Dr. and Calle Sonora. Robert S. Fitzpatrick, 24, of La umta was arrested and booked for driving under the influence. 0617 5:30 PM — Special Enforcement Team officers conducted an occupied vehicle check at Highway 111 x Dunes Palms • Rd. Cosme Diaz, 27, of Selma, CA was arrested and booked into jail for a felony domestic violence warrant. 9:30 PM — Special Enforcement Team officers conducted a vehicle stop on Washington St x Ave. 42, Bermuda Dunes. Robert Perez, 39, of Indio was arrested and booked into jail for an outstanding felony federal narcotic related warrant. 9:40 PM -- Special Enforcement Team officers conducted a traffic stop on Highway I I I x Adams St. Charles Campbell, 44, of La Quinta was arrested and booked into jail for a misdemeanor domestic violence warrant. Wednesday, February 23, 2011 10:00 AM — Officers responded to a report of a suspicious person in the 54400 block of Avenida Madero. Jose Polonio Vera, 30, of Indio was arrested for being under the influence of narcotics. Vera had been entering yards and attempting to enter gates of residences in the area. Thursday, February 24, 2011 3:50 PM — Traffic Services Team officers conducted a pedestrian check on N. Harland Drive and Irwin Circle. Abel Francisco Lino, 19, from Indio was arrested for possession of a deadly weapon and booked into the Indio Jail. Friday, February 25, 2011 11:30 AM — Officers conducted a traffic enforcement stop on Eisenhower Drive and Washington Street. The driver, Callen Menzel, 18, of La Quinta was found in possession of a dagger. Menzel was arrested for possession of a deadly weapon and booked into the Indio Jail. 1:45 PM — School Resource Officers arrested a 13 year old male for possession of a switchblade knife and destruction *of school property. The juvenile was hanging from the locker room door and intentionally broke the metal bracket used to support the door when opening. Campus security witnessed the incident and contacted the juvenile. During a search of his person, the juvenile was found in possession of a switchblade knife. The juvenile is currently on probation for burglary. He was booked at Indio Juvenile Hall for destruction of school property, possession of a switchblade knife on school property, and violation of probation. 4:08 PM — Officers arrested Sean Mutassek, 24, of Indio for possession of methamphetarnme, cocaine, drug paraphernalia, commercial burglary, possession of burglary tools, and a felony warrant in the 78900 block of Highway 111. Mutassek was booked into the Indio Jail. Saturday, February 26,2011 2:14 AM — Officers conducted a traffic stop on Washington and Village Center and arrested Daniel Junior Casarrubias, 27, of La Quinta for driving under the influence. 3:55 PM — Officers arrested Miguel Gomez Del Rio, 41, of Coachella, for driving under the influence at Avenue 50 and Jefferson Street. Del Rio was booked into the Indio Jail. 10:50 PM -- Officers arrested Sterling Ball, 64, of La Quinta for misdemeanor sexual battery in the 50400 block of Vista Montana. Ball was booked into the Indio Jail. 11:35 PM — Officers responded to the 78400 block of Hwy. I I I to check the welfare of a female at the location. Maria Augustin Sanchez, 38, of Coachella had been in the restroom for about an hour. Sanchez was arrested and booked for public intoxication and a misdemeanor assault warrant. Sunday February 27, 2011 • 0618 1:47 AM — Officers conducted a traffic enforcement stop at Avenida Vallejo and Calle Hidalgo. Anthony Zamores .Duran, 41, of La Quinta was arrested and booked for possession of methamphetamines and drug paraphernalia. Duran was also charged with committing a felony while out on bail. 8:53 AM — Officers responded to the 78900 block of Hwy. I I I in reference to the burglary of a business. The store's double doors had been forced open allowing the suspect(s) access to a rear storage area. The room contained mannequins, fixtures and old merchandise. It is unknown if anything was taken. 10:41 PM — Officers conducted a vehicle enforcement stop on Calle Tampico and Avenida Bermudas. James Adam Pool, 21, of La Quinta was determined to have been driving while under the influence of a central nervous system stimulant. Officers arrested and booked Pool for driving under the influence. Monday, February 28, 2011 5:00 PM — Officers responded to the 44500 block of Via Coronado in regards to a burglary. A neighbor provided a description of a suspect vehicle. 11:34 PM — Officers were dispatched to a report of a domestic disturbance in the 45200 block of Sunbrook. Tammy Marie Codon was arrested and booked for misdemeanor domestic assault. • OG'9 N rA 1 Deputy William Fiebig CITY OF LA QUINTA Business District Deputy Report February 2011 SUMMARY OF ACTIVITY Business Management Contacts 27 Investigations 17 Suspects Arrested / Charged 9 SIGNIFICANT ACTIVITY I conducted a counterfeit currency fraud investigation on a subject who passed counterfeit $100 bills at various retail stores along the Highway I I I business corridor. The suspect was identified, arrested and charged. I arrested a subject outside a local mini -mart store for purchasing alcohol (beer) for a minor. I arrested a juvenile for graffiti vandalism to a local retail shop. The suspect fled from the scene in his mother's vehicle. When stopped, spray paint and markers were located in the vehicle. The suspect was charged for vandalism and driving without a license. 0G 0 I conducted a follow-up investigation at a local retail store that had been victimized by a robbery. Information provided by the store manager led to possible suspect connection as a result of a telephone call that had been received by the business. I am conducting an identity theft and check forgery case involving a suspect who stole the victim's identity and has made purchases, using forged checks in the victim's name, throughout the La Quinta Business District and other areas in the county. Investigation is continuing at the Cabazon Station of the Riverside County Sheriffs Office. I conducted a follow-up investigation involving a theft from a local retail store. I identified the suspect who stole watches and other jewelry. Charges were filed against the subject by the District Attorney's office. I identified a subject who attempted to run over a worker with a vehicle at a local resort after a domestic violence incident. The subject, who is a local golf -pro, is on probation and is evading law enforcement. Charges have been filed on the subject. I investigated a commercial burglary at a local retail store involving three suspects. The suspects were using a rental car to arrive at the location and steal numerous video games using a "booster bag." The suspects entered the store and communicated using earpieces and cell phones. I identified the suspects from rental car information even though the store did not desire prosecution. I arrested a suspect after he was caught using drugs via hypodermic needle inside the restroom of a local restaurant. The suspect, on probation for the same offense, was arrested for possession of illegal drugs, drug paraphernalia, and under the influence of narcotics. The District Attorney's office also gave an additional felony charge of violation of probation. I located and detained a suspect after he robbed a local retail store along Highway 111. The suspect was arrested and positively identified as the suspect by store employees. I identified a suspect who repeatedly stole merchandise from a local retail store. Charges are pending against the suspect once a loss prevention report and video is provided by the retailer. I responded to a local hotel regarding a report of the theft of a wallet from the hotel room of a guest. The victim stated that someone had entered his locked room, opened the locked safe, and had stolen his wallet. Investigation revealed, via the door key electronic register, that there had been no entry to the room by anyone except the purported victim. The hotel safe was also functioning properly. Continuing investigation suggested the victim possibly entertained a "female companion" for a few hours who may have taken his wallet. It is possible he reported his wallet stolen in an effort to prevent his wife from finding out about his "female companion." . During a series of recent routine business property checks, I observed numerous individuals at varying times who were loitering behind the business after hours. All subjects have been contacted and their identification documented by "Field -Interview" contact cards. BUSINESS/COMMUNITY EVENTS I attended the mayor's luncheon where I was able to network with local businesses and make several business contacts. I attended the City of La Quinta Emergency Operations Center (EOC) training. This training is provided in the event of a disaster or other emergency situation. During a two week time frame, I worked in conjunction with the La Quinta SET to conduct surveillance and investigate leads regarding recent robberies in La Quinta and the surrounding area. BUSINESS COMMUNITYSPECIAL PROJECTS I am assisting with the upcoming public safety fair "Bike Rodeo" at the La Quinta Skate Park. I have been handing out flyers and inviting local businesses to attend if they desire. • At my request, Community Service Officer Fowler conducted Crime Prevention Through Environmental Design (CPTED) inspection at Highway I I I bus stop that has been repeatedly vandalized. CSO Fowler and I are coordinating a meeting with the La Quinta City Planning Office to discuss our findings. 06�? u CITY OF LA QUINTA Traffic Services Team Report February 2011 Traffic Services Team Dep. Frederick Dep. Heffley Dep. Wiggs Cpl. Covington Sgt. Walton C.S.O. Delaney Dep. Reynolds SIGNIFICANT ACTIVITY The City of La Quinta has seen a decrease of 6.98% of collisions on public roadways for the month of February. When all collision activity is counted, the residents and visitors throughout our city have seen a slight increase of 2% for the month, in comparison to last month. There has also been an increase of 50% in the number of Hit and Run collisions for the month when compared to last month. Public roadway collision activity is greatest during the weekdays, with Wednesdays and Thursdays accounting for approximately 50% of the total activity. 55% of collisions occur most often between the afternoon hours of 12:00pm and 6:00 pm. Additionally, 33 33% of all collisions resulted from auto right of way violations and 27.78% from unsafe speed violations. The City of La Quinta has seen a decrease of 56.25% in the number of injuries resulting from collisions for the month of February. M 06-3 Vehicles failing to yield the right of way and unsafe speeds are the primary collision factors for the City of La Quinta. As a result, La Quinta Traffic Services focus their attention toward education and enforcement of drivers who travel at unsafe speeds and fail to yield the right of way. Since it takes a significant period of time to compile data, the monthly Traffic Collision Statistics and Data Report contain only those reports which have been completed. Often times collision investigations require further follow up and are forwarded to the La Quinta Traffic Team. Traffic Services dedicates their time to conducting proactive enforcement while also following up on investigative leads. As a result, some investigations are pending and current collision data is not complete. The most current data is attached for informational purposes. In keeping with all developing trends, traffic services constantly shifts its focus to meet the leading causes of collisions within the city. • • 06 A C M Deputy Prezell Burgie Deputy Christian Bloomquist Deputy Jason Chancellor CITY OF LA QUINTA Special Enforcement Team February 2011 Sgt. Alan Northrup Stimmary of Activltl/ Deputy Josh Reinbolz Deputy Johnathan Lun Deputy Jesus Borrego Type of Activlt Pro rams # of Incidents Type of Activity# 7 Search Warrants of Incidents 2 Vehicle Checks/Sto s 224 Probation/Parole Searches 31 Pedestrian Checks 39 Arrest Warrants Served 9 Follow-u s 26 Arrests/Filin - Felon 6 Citations Issued 1 Arrests/Filin s - Misd. 6 SIGNIFICANT ACTIVITY Officers from La Quinta SET developed a Riverside County Probation compliance check and California State Parole compliance check program for subjects living in the city of La Quinta. During the probation / parole compliance check several subject were arrested for narcotic related violations, outstanding arrest warrants, and violations of their probation / parole terms and conditions. La Quinta SET continually conducts probation / parole compliance checks in order to monitor the probationers and parolees living in La Quinta. Consistent checks on these individuals instills in the subject that the city of La Quinta will not tolerate criminal 06,5 activity and encourages good behavior. La Quinta SET Officers worked in cooperation with the Indio Station Investigations Unit in serving a robbery related search warrant. The warrant stemmed from a robbery in Coachella where two male subjects entered a business with firearms and took money from the register. During the service of the search warrant, a pistol was located and two suspect were arrested and taken into Custody. La Quinta SET provided assistance to the Indio Station Investigations Unit in apprehending criminals associated to robberies in effort to reduce the number of robberies in the City of La Quinta. Members of La Quinta SET have conducted a robbery prevention/apprehension program along the Highway I I I corridor. During the past few months, Riverside County has experienced a large increase in robberies involving small commercial businesses. The suspects, described in the robberies across the county, have similar descriptions and are similar in the production of the robberies. Five robberies along the Hwy I I I corridor in the city of La Quinta share similarities to the robberies throughout Riverside County. While La Quinta SET members were conducting the robbery prevention/apprehension program, they witnessed a male adult acting suspiciously in the Point Happy shopping center. Officers continued to watch the suspicious subject who walked to a vacant business in the shopping center and vandalized the front glass door. The subject used a large marker to write graffiti on the building front door. A short time later the subject was apprehended and taken into . custody for vandalism. During the robbery prevention/apprehension program along the Highway I I I corridor, La Quinta SET officers contacted an individual seated in a vehicle parked near a business. It was discovered the subject in the vehicle was on probation, therefore a probation search of the vehicle was conducted. During the search of the vehicle, illegal narcotics and suspected stolen property was found. Further investigation by SET members revealed the occupants of vehicle had burglarized the nearby Famous Footwear, Bed Bath and Beyond, and DSW store. Additional stolen property from the Palm Desert T.J. Maxx store was located in the trunk of the vehicle. During the investigation, the suspects were identified and it was discovered the vehicle occupants / suspects were on Riverside County probation for narcotic related offenses. Charges of commercial burglary, conspiracy to commit a felony, violation of probation, committing a felony while on bail are being filed against the outstanding suspects. The subject who was found in the suspect vehicle was booked into the Indio Jail for narcotics violations. Officers from La Quinta SET have contacted several subjects within the city of La Quinta which have resulted in numerous arrests for narcotic violations, thefts, and outstanding warrants. La Quinta SET will continue their pro -active and community oriented policing efforts throughout the city which will result in more arrests of drug dealers, thieves, and career criminals in order to improve the quality of life for the residents of La Quinta. This continued hard work by La Quints SET has kept the crime rate in La Quinta very low compared to other surrounding cities in the Coachella Valley. Officer R. Smith La Quinta High School CITY OF LA QUINTA School Resource Officer Report February 2011 Summary of Activity Type of Activi Number of Incidents Criminal Reports 14 Arrests g Y.A.T. Filin s 4 City Park Area Checks771 4 Vehicle Checks 3 Pedestrian Checks 15 County Citations 9 Public Assist 12 Investigations Follow-up 6 District Attorney Filings 1 SIGNIFICANT ACTIVITY While on routine patrol, I was monitoring the east parking lot for narcotic activity when a student came running up and I saw he was bleeding profusely from his right wrist and hand. School district security officers and I applied pressure to the wound until paramedics arrived. Investigation revealed that he and his girlfriend were involved in an argument. While they were arguing, his girlfriend slapped him across the face and tried to walk away. He followed her and she stopped and punched him in the face in front of a crowd of onlookers. The male became enraged and punched his fist through a reinforced "1 0 6' 7 . glass window to a classroom. The male student was transported to JFK Hospital to receive treatment and charges were filed out of custody for the vandalism to the window. The female was arrested and transported to juvenile hall for felony domestic violence. I was contacted by a parent who reported her daughter as a runaway. The juvenile female had been missing since the night before. Her mother provided me with the names of some of her friends. After contacting a number of students throughout the day I was finally able to locate her later that evening. I conducted a search of the female's bedroom and located narcotics. She was referred to Y.A.T. Probation for additional assistance. During the month of February, I have arrested a number of students for possession of narcotics ranging from marijuana to prescription drugs. I also interrupted a transaction for the purchase of cocaine. Due to the increased number of arrests and seriousness of the narcotics, the Coachella Valley Narcotic Task Force was notified. • 0 19 06�8 C� 01 CITY OF LA QUINTA School Resource Officer Report February 2011 Officer C. Trueblood Summit High School Paige Middle School Horizon School 3ummary of Activity Type of Activity Number of Incidents s 10 FArrests 7 Other De artments 3 trian Checks 11 e Check 11 City Park Area Checks 4 Traffic Citations 2 City Municipal Code Citations 10 Business Checks 0 Follow-up Investigations 1 Public Assists 8 Calls for Service 27 SIGNIFICANT ACTIVITY I arrested an 8`h grade 13 year old male juvenile at Colonel Mitchell Paige Middle School for possession of a switchblade knife, possession of a knife on school grounds and felony vandalism. The juvenile had caused approximately $1000 damage to a door at the school and possessed a locking blade knife approximately 7" in length. He was booked into the Indio Juvenile Hall for the above listed charges. I arrested an 81h grade 13 year old male juvenile at Colonel Mitchell Paige Middle School for possession of a can of spray paint. In cooperation with Indio Police, I was able to determine the juvenile was responsible for multiple instances of graffiti throughout Indio. I will continue to investigate info received from this arrest to determine if the juvenile was involved in graffiti within the city of La Quinta. The juvenile was released to parents, at the scene and charges were filed out of custody for possession of vandalism tools. 06 ,9 Cl 11 i CITY OF LA QUINTA School Resource Officer February 2011 Officer D. Alexander La Quinta Middle School Franklin Elementary School Truman Elementary School Adams Elementary School .Cummary ofActivity Type of Activity Number of Incidents Reports 9 Arrests 6 Business Check 3 District Attorney Film s 0 Traffic Stops 3 Y.A.T. Referrals 4 Home Visits Z Follow-up Investigations 3 Vehicle Checks 0 Public Assist 17 Pedestrian Checks 16 Traffic Citations / Traffic Sto s 3 SIGNIFICANT ACTIVITY La Ouinta Middle School I arrested 6 Juveniles in the month of January for the following crimes; fighting, theft, and possession of drug paraphernalia on school grounds. John Adams Elementary Beniamin Franklin Elementary -- Harry Truman Elementary No significant issues reported. I continue to conduct traffic control before and after school in an attempt to alleviate the traffic congestion on Park Avenue north of Avenue 50. 0 • CITY OF LA QUINTA Community Service Officer Report February 2011 C.S.O. Artesia Diaz C.S.O. Melinda Verdugo C.S.O. Bridget Delaney Summa of Activi Tvpe of Activity Number of Incidents Burglary Investi ations 6 Grand Theft Re orts 3 PettyTheft Reports 1 Vandalism/Malicious Mischief Reports 4 Traffic Collision Response 22 Vehicle Code or Parkin Citations 18 Abandoned Vehicles Tagged/WarningTagged/Warning 0 Towed Vehicles 0 Lost or Found Pro a Reports 1 Stolen Vehicle Report 0 Custodial I Non -Custodial Transport 27 Miscellaneous Calls 46 0631 Department Report: LA UNTA P*LICI Served by the Riverside County SherdFs Departlient Crime Statistics Summary January -- 2011 • Prepared for f 0632 • f� 4 10 11 12 13 CITY OF LA QUINTA Crime Co m arison -- Janua CRIME January January YTD 2011 YTD 2010 2011 2010 AGGRAVATED ASSAULTS 6 4 6 4 BURGLARY 39 41 39 41 BURGLARY - VEHICLE 20 13 20 13 DOMESTIC VIOLENCE 14 15 14 15 HOMICIDE 0 1 0 1 NARCOTICS VIOLATIONS 20 16 20 16 ROBBERY 4 0 4 0 ROBBERY - CAR JACKING 0 0 0 0 SEX CRIME FELONY 1 4 1 4 SEX CRIME MISDEMEANOR 1 1 1 1 SIMPLE ASSAULTS 4 9 4 9 THEFT 53 63 53 63 VEHICLE THEFT 4 8 4 8 CITY OF LA QUINTA Average Response Time January 2011 TYPE OF CALL RESPONSE TIME (MINUTES NUMBER OF INCIDENTS EMERGENCY 5.26 3 1 8.37 1,143 1�jROUTINE Data from Riverside Co. Sheriffs Department Data Warehouse, Average Response Time Report. 0633 • L J • Crime Distribution Table Jan-11 % of Total Jan-10 % of Total 1 AGGRAVATED ASSAULTS 6 3,61% 4 2.29% 2 BURGLARY 39 23.49% 41 23.43% 3 BURGLARY -VEHICLE 20 12.05% 13 7.43% 4 DOMESTIC VIOLENCE 14 8.43% 15 8.57% 5 HOMICIDE 0 0.00% 1 0.57% 6 NARCOTICS VIOLATIONS 20 12.05% 16 9.14% 7 ROBBERY 4 2.41% 0 0.00% 8 ROBBERY - CAR JACKING 0 0.00% 0 0.00% 9 SEX CRIME FELONY 1 0.60% 4 2.29% 10 SEX CRIME MISDEMEANOR 1 0.60% 1 0.57% 11 SIMPLEASSAULTS 4 2.41% 9 5,14% 12 THEFT 53 31.93% 63 36.00% 13 VEHICLE THEFT 4 2.41% 8 4.57% Total 166 96.39% 175 97.71% CITY OF LA QUINTA January 2011 Crime Distribution 60 50 39 40 30 20 20 20 —}4 — 0 O a -� < an c <c c c 3 oa �C) >a c" zx �a m zy a� w r) o o z dx c� m > �m �m �< m zm O czn -n A 0634 11 • • Month to Month Crime Comparison - January 70 63 60 53 January 2011 50 3941 40 - ❑January 2010 70 7"202020 910 -440 00 I a I I 0 r �'A n Sn mm — an Co �OJ Off mx Cv --� O •-�--� K mK m� �� G� m Z� S o a A y 70 60 50 40 30 20 10 0 Yearto Date Crime Co rpanson -January 63 3941 ' 13 15 20 71 a m m <o s <z a a �•, � a --r < 0 o mcn ti� z m vam rn C] Om m � a A A � 06�5 C� n U • Month to Month Calls for Service Comparison January 2011 ® Jan-11 © Jan-10 3,000 2,500 2,365 2,000 1,417 1,500 1_21a 11.46_1..257 1,000 500 0 Total Non -Criminal Criminal Year to Date Calls for Service Comparison p YTD 2011 O YTD 2010 3,000 2,500 2 365 n 2,000 1,417 1,500 s 1,000 500 2'r,! 0 111 Total Non -Criminal Criminal 0636 Sep QuiK& C `y OF7� COUNCIL/RDA MEETING DATE: March 15, 2011 ITEM TITLE: A Joint Public Hearing Among the City Council of the City of La Quinta, the La Quinta Redevelopment Agency and the La Quinta Financing Authority to Consider Resolutions Regarding the Issuance of Redevelopment Project Areas 1 and 2 Taxable Bonds and Related Documents RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: L1 1 . Open the Joint Public Hearing of the City Council, Redevelopment Agency and the Financing Authority, receive a staff presentation, and public testimony both for and against, the approval of the recommended Resolutions; 2. Close the Joint Public Hearing after all testimony has been presented; and 3. Adopt the recommended Resolutions. FISCAL IMPLICATIONS: The Agency will receive approximately: $27,830,000 in Bond proceeds to use for non -housing projects in Project Area No. 1, net of bond reserve funds and issuance costs; $4,275,000 in Bond proceeds to use for non -housing projects in Project Area No. 2, net of bond reserve funds and issuance costs; $11,000,000 in Bond proceeds to use for low and moderate income housing in both Project Areas, net of bond reserves and issuance costs; and An additional $25,370,000 in Loan proceeds to use for low and moderate income housing in both Project Areas, net of bond reserves and issuance costs. CHARTER CITY IMPLICATIONS: None. 0637 BACKGROUND AND OVERVIEW: In order to fund its projects and programs, the Agency has issued tax allocation bonds from time to time secured by tax increment revenue of the La Quinta Redevelopment Project Area No. 1 and La Quinta Redevelopment Project Area No. 2. Because its ability to issue debt in the future may soon be limited or prohibited altogether by the State Legislature, the Agency proposes to access its available bonding capacity by issuing bonds at this time for economic development, low- and moderate -income housing and capital projects. The Bonds are proposed to be issued on a taxable basis. Although taxable interest rates are higher than traditional tax-exempt rates, there are very few restrictions on the types of expenditures that may be made with taxable bonds. In particular, unspent taxable bond proceeds may be used to pay future Supplemental Educational Revenue Augmentation Fund (SERAF) payments, pay for Agency administration costs and other non -capital expenditures. Staff and the other finance team members have discussed a Financial Plan for the Agency that demonstrates that there will be remaining revenue available after meeting all existing obligations to sufficiently pay debt service on the bonds to be issued. The Financial Plan assumes no additional SERAF payments after Fiscal Year 2010-2011, but there is a certain amount of available funds each year to deal with such an event, if it were to occur. Staff is recommending a negotiated sale of the bonds to one underwriter based on current market conditions. A negotiated sale allows the underwriter to pre -market the bonds to their investors, which reduces their risk of holding a large balance of inventory in the bonds. This allows the underwriter to offer lower rates for the Agency. Further, the market for taxable bonds is now mainly composed of investors who are new to the municipal market, have questions about the State budget, and need more time to analyze municipal credits, which reinforces the need to select one underwriter who can work with such investors and obtain the lowest interest rates possible. Based on current market conditions and the Agency's previous credit ratings, the underwriter expects the average interest rate on the taxable bonds to be 8.50%. Because the market expects a significant amount of tax allocation bonds to be sold in the next 60 days, (20 tax allocation financings sold in the past seven days) interest rates could increase between now and the sale date due to supply versus demand market issues. Staff expects ratings to be received and bonds to be sold in approximately three weeks. The all inclusive costs of issuing the bonds are not expected to exceed 1'/z %. 0G-3 The attached resolutions provide for the following: • Approves the issuance of a loan between the La Quinta Financing Authority and the La Quinta Redevelopment Agency; • Approves the Preliminary Official Statement for each of the four financings; • Approves the Bond Purchase Contract for each of the four financings; • Authorizes the Executive Director to establish the final terms of each of the four financings; • Appoints U.S. Bank National Association as trustee for each of the four financings; • Provides for a Continuing Disclosure Agreement for each of the four financings; • Pledges Project No. 1 and No. 2 tax increment revenue to service each financing's principal and interest costs; • Authorizes the officers of the Agency and members of the Governing Body to take such actions and execute documents necessary to facilitate each of the four financings; and • Finds that the financings will provide significant public benefit. Please note that due to the number and length of the documents involved in these bond issue financings these documents are available in the City Clerk's office for review. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council, the La Quinta Redevelopment Agency and the La Quinta Finance Authority include: 1. Approve the followings resolutions, subject to final approval by the City Manager, regarding the Issuance of Redevelopment Project Areas 1 and 2 Taxable Bonds and Related Documents listed as follows: City Resolutions • A Resolution of the City Council Of The City Of La Quinta, California Approving the Issuance by. the La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Area No. 1, Taxable Tax Allocation Bonds, Series 2011 and Making Certain Determinations Relating Thereto; • A Resolution of The City Council of The City Of La Quinta, California, Approving the Issuance By The La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Area No. 2 Taxable Tax Allocation Bonds, Series 2011 and Making Certain Determinations Relating Thereto; and 0G."iq A Resolution of the City Council of the City of La Quinta, California, Approving the Issuance by the La Quinta Redevelopment Agency of its La Quinta Redevelopment Project Areas, Taxable Tax Allocation Housing Bonds, Series 2011 and Making Certain Determinations Relating Thereto; and • A Resolution of the City Council of the City of La Quinta, California, Approving a Loan between the La Quinta Redevelopment Agency and the La Quinta Financing Authority. Agency Resolutions • A Resolution of the Board Of Directors of the La Quinta Redevelopment Agency Authorizing the Issuance of Taxable Tax Allocation Bonds of Said Agency in a Principal Amount of not to exceed Thirty -Three Million Dollars ($33,000,000) to Finance a Portion of the Costs of a Redevelopment Project Known as the La Quinta Redevelopment Project Area No. 1 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith; • A Resolution of the Board of Directors of the La Quinta Redevelopment Agency Authorizing the Issuance of Taxable Tax Allocation Bonds of Said Agency in a Principal Amount of not to exceed Six Million Dollars ($6,000,000) to Finance a Portion of the Costs of a Redevelopment Project Known as the La Quinta Redevelopment Project Area No. 2 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith; • A Resolution of the Board of Directors of the La Quinta Redevelopment Agency Authorizing the Issuance of Taxable Tax Allocation Housing Bonds of Said Agency in a Principal Amount of not to exceed Twelve Million Dollars ($12,500,000) to Finance a Portion of the Low And Moderate Housing Costs of Redevelopment Projects and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith; and • A Resolution of the La Quinta Redevelopment Agency of the City of La Quinta, California Approving its Second Supplemental Loan Agreement, Official Statement, Purchase Contract, Authorizing the Executive Director to Set the Final Terms of the Approval of the Agency Loan, Approving The Payment of Costs of Issuing the Agency Loan and Making Certain Determinations Relating Thereto. Authority Resolutions • A Resolution of the La Quinta Financing Authority of the City of La Quinta, California Authorizing the Issuance of Local Agency Taxable Revenue Bonds, 0610 2011 Series A, in an Aggregate Principal Amount not to exceed Twenty -Eight Million Eight Hundred and Fifty Thousand Dollars ($28,850,000) Approving the Execution of an Indenture of Trust, Second Supplemental Loan Agreement, Purchase Contract, Official Statement and Providing Other Matters Properly Related Thereto. 2. Do not approve the above listed resolutions regarding the Issuance of Redevelopment Project Areas 1 and 2 Taxable Bonds and Related Documents; or 3. Provide Staff with alternative direction. Respectfully submitted, A4 / ldir"O� l John M. Falconer, Finance Director Approved for submission by: r Thomas P. Genovese, City Manager 0641 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 1, TAXABLE TAX ALLOCATION BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. WHEREAS, the La Quinta Redevelopment Agency (the "Agency"), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a Redevelopment Plan known as the "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1 " has been adopted and approved by Ordinance No. 43 of the City of La Quinta (the "City"), which became effective on December 29, 1983 and all requirements of law for and precedent to the adoption and approval of said Redevelopment Plan have been duly complied with; and WHEREAS, the Agency has approved in substantial form its Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAXABLE TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED THIRTY THREE MILLION DOLLARS ($33,000,000) TO FINANCE A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA REDEVELOPMENT PROJECT AREA N0.1 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, under and pursuant to the above Resolution, the Agency will authorize the issuance and sale of not to exceed $33,000,000 principal amount of its "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 1, Taxable Tax Allocation Bonds, Series 2011 " (the "Bonds"). 124/015610-0122 0 VLF 1152671.02 a03/09/1I Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Area 1 Adopted: March 15, 2011 Page 2 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: Approval of Issuance of Bonds. The issuance. of a principal amount not to exceed $33,000,000 of Bonds in order to aid in the financing of the La Quinta Redevelopment Project Area No. 1 and for other purposes related thereto, all of which constitute a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. Authorization of Officers. The City Manager and Finance Director of the City and the other officers and members of staff having responsibility for the affairs of the Agency are hereby authorized to execute such documents and certificates determined by Bond Counsel as necessary to assist the Agency in the issuance of the Bonds. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 15th day of March, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: Veronica J. Montecino, CIVIC City Clerk City of La Quinta, California (City Seal) 124/015610A122 0643 1152671.02 a03/09/11 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Area 1 Adopted: March 15, 2011 Page 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 124/015610-0122 t52671.02 a03/09/11 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Area 1 Adopted: March 15, 2011 Page 4 CLERK'S CERTIFICATE STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE )ss. CITY OF LA QUINTA 1 I, Veronica J. Montecino, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council on the 15th day of March, 2011. AYES: NOES: ABSENT: ABSTAIN: Veronica J. Montecino, City Clerk City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA ) I, Veronica J. Montecino, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. DATED: 2011 Veronica J. Montecino, City Clerk City of La Quinta, California 124/0156IM122 0645 1152671.02 a03/09/11 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2, TAXABLE TAX ALLOCATION BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. WHEREAS, the La Quinta Redevelopment Agency (the "Agency"), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, a Redevelopment Plan known as the "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2" has been adopted and approved by Ordinance No. 139 of the City of La Quinta (the "City"),. which became effective on June 16, 1989 and all requirements of law for and precedent to the adoption and approval of said Redevelopment Plan have been duly complied with; and WHEREAS, the Agency has approved in substantial form its Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAXABLE TAX ALLOCATION BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000) TO FINANCE A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT KNOWN AS THE LA QUINTA REDEVELOPMENT PROJECT AREA NO. 2 AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, under and pursuant to the above Resolution, the Agency will authorize the issuance and sale of not to exceed $6,000,000 principal amount of its "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Area No. 2, Taxable Tax Allocation Bonds, Series 2011" (the "Bonds"). NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: 124/015610-0122 ' .B 0�J j /1 C 1158685.02 a03/10/11 V �1 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Area 2 Adopted: March 15, 2011 Page 2 Approval of Issuance of Bonds. The issuance of a principal amount not to exceed $6,000,000 of Bonds in order to aid in the financing of the La Quinta Redevelopment Project Area No. 2 and for other purposes related thereto, all of which constitute a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. Authorization of Officers. The City Manager and Finance Director of the City and the other officers and members of staff having responsibility for the affairs of the Agency are hereby authorized to execute such documents and certificates determined by Bond Counsel as necessary to assist the Agency in the issuance of the Bonds. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 15th day of March, 2011,.by the following vote: AYES: NOES: ABSENT: ABSTAIN: Don Adolph, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 0647 124/015610-0122 1159685.02 a03/10/11 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Area 2 Adopted: March 15, 2011 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council on the 15th day of March, 2011. AYES: NOES: ABSENT: ABSTAIN: VERONICA J. MONTECINO, City Clerk City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. DATED: 2011 VERONICA J. MONTECINO, City Clerk City of La Quinta, California 124/015610-0122 -^ 0648 1158685.02 a03/10/1I RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREAS, TAXABLE TAX ALLOCATION HOUSING BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. WHEREAS, the La Quinta Redevelopment Agency (the "Agency"), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, the Agency has approved in substantial form its Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAXABLE TAX ALLOCATION HOUSING BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($12,500,000) TO FINANCE A PORTION OF THE LOW AND MODERATE HOUSING COSTS OF REDEVELOPMENT PROJECTS AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, under and pursuant to the above Resolution, the Agency will authorize the issuance and sale of not to exceed $12,500,000 principal amount of its "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Areas Taxable Tax Allocation Housing Bonds, Series 2011 " (the "Bonds"). NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: Approval of Issuance of Bonds. The issuance of a principal amount not to exceed $12,500,000 of Bonds in order to aid in the financing of low and moderate housing in the La Quinta Redevelopment Project Area Nos. 1 and 2 and for other purposes related thereto, all of which constitute a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. 124/015610-0122 - u 0649 1158737.02 a03/10/II Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Areas, Taxable Allocation Housing Bonds Adopted: March 15, 2011 Page 2 Authorization of Officers. The City Manager and Finance Director of the City and the other officers and members of staff having responsibility for the affairs of the Agency are hereby authorized to execute such documents and certificates determined by Bond Counsel as necessary to assist the Agency in the issuance of the Bonds. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 15th day of March, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City. Attorney City of La Quinta, California 124/015610-0122 06 5 0 1158737.02 a03/10/II Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Areas, Taxable Allocation Housing Bonds Adopted: March 15, 2011 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council on the 15th day of March, 2011. AYES: NOES: ABSENT: ABSTAIN: VERONICA J. MONTECINO, City Clerk City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA 1 I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. _ of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. DATED: 12011 VERONICA J. MONTECINO, City Clerk City of La Quinta, California 0. 0651 124/015610-0122 1158737.02 a03/10/1I RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA APPROVING A LOAN BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA QUINTA FINANCING AUTHORITY WHEREAS, the City of La Quinta (the "City") and the La Quinta Redevelopment Agency (the "Agency") have heretofore entered into a Joint Exercise of Powers Agreement establishing the La Quinta Financing Authority (the "Authority") for the purpose of issuing its bonds to be used to provide financial assistance to the City and Agency; and WHEREAS, the Authority intends to issue its Local Agency Revenue Bonds, 2011 Series A (the "Authority Bonds") in order to make loans to provide additional funds to the Agency (the "Agency Loan"); and WHEREAS, the Agency Loan will be secured by a portion of the low and moderate housing tax increment revenues allocable to the Agency under the Community Redevelopment Law, being Section 33000 and following of the California Health and Safety Code, et. seq. (the "Act") with respect to various project areas; and WHEREAS, there have been presented at this meeting documents in connection with the issuance of the Authority Bonds and the issuance of the Agency Loan; and WHEREAS, pursuant to the Act, the Agency has authorized the Agency Loan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. Approval of Issuance of Authority Bonds and Agency Loan. The issuance of the Authority Bonds by the Authority, the incurrence of the Agency Loan by the Agency, and the refunding of the Prior Bonds are hereby approved. This approval is made, among other things, in order to meet the public approval requirements of, among others, Government Code Section 6586.5(a)(2). The City Council hereby finds and determines that the financing of the Project which is the subject of the Authority Bonds and Agency Loan will produce a significant public benefit in accordance with the criteria set forth in Government Code Section 6586(a), (c) and (d). SECTION 2. Approval of Issuance of Authority and Agency Loan. The issuance of a principal amount not to exceed $28,850,000 Authority Bonds and principal amount not to exceed $28,850,000 Agency Loan in order to aid in the financing of certain housing related redevelopment activities in Redevelopment Project Areas 124/015610-0122 06 5 2 1152958 02 a03/10/1I Resolution No. CITY 2011- City Approving A Loan Between the La Quints RDA and FA Adopted: March 15, 2011 Page 2 Nos. 1 and 2, and for other purposes related thereto, all of which constitutes a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, are hereby authorized and approved pursuant to Health and Safety Code Section 33640. SECTION 3. Other Acts. The officers and staff of the City are hereby authorized and directed, jointly and severally, to do any and all things, and to execute and deliver any and all documents, which, in consultation with counsel to the City, they may deem necessary or advisable in order to effectuate the provisions of this Resolution, and any and all actions previously taken by such officers or staff members are hereby ratified and confirmed. SECTION 4. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15th day of March, 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California . (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California .1, 06513 124/015610-0122 .1152958.02 a03/10/11 Resolution No. CITY 2011- City Approving A Loan Between the La Quinta RDA and FA Adopted: March 15, 2011 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ►ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council on the 15th day of March, 2011. AYES: NOES: ABSENT: ABSTAIN: VERONICA J. MONTECINO, City Clerk City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LA QUINTA ) I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. DATED: 2011 VERONICA J. MONTECINO, City Clerk City of La Quinta, California {1. 0654 124/015610-0122 1152958.02 ON]0/I1 RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS LA QUINTA REDEVELOPMENT PROJECT AREAS, TAXABLE TAX ALLOCATION HOUSING BONDS, SERIES 2011 AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. WHEREAS, the La Quinta Redevelopment Agency (the "Agency"), is a redevelopment agency duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) and the powers of the Agency include the power to issue bonds for any of its corporate purposes; and WHEREAS, the Agency has approved in substantial form its Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE ISSUANCE OF TAXABLE TAX ALLOCATION HOUSING BONDS OF SAID AGENCY IN A PRINCIPAL AMOUNT OF NOT TO EXCEED TWELVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($12,500,000) TO FINANCE A PORTION OF THE LOW AND MODERATE HOUSING COSTS OF REDEVELOPMENT PROJECTS AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. WHEREAS, under and pursuant to the above Resolution, the Agency will authorize the issuance and sale of not to exceed $12,500,000 principal amount of its "La Quinta Redevelopment Agency, La Quinta Redevelopment Project Areas Taxable Tax Allocation Housing Bonds, Series 2011 " (the "Bonds"). NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AS FOLLOWS: Approval of Issuance of Bonds. The issuance of a principal amount not to exceed $12,500,000 of Bonds in order to aid in the financing of low and moderate housing in the La Quinta Redevelopment Project Area Nos. 1 and 2 and for other purposes related thereto, all of which constitute a "redevelopment activity," as such term is defined in Health and Safety Code Section 33678, is hereby authorized and approved pursuant to Health and Safety Code Section 33640. 124/015610-01220 " `' 1158737 02 a03/09/11 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Areas, Taxable Allocation Housing Bonds Adopted: March 15, 2011 Page 2 Authorization of Officers. The City Manager and Finance Director of the City and the other officers and members of staff having responsibility for the affairs of the Agency are hereby authorized to execute such documents and certificates determined by Bond Counsel as necessary to assist the Agency in the issuance of the Bonds. Effective Date. This Resolution shall take effect upon adoption. PASSED, APPROVED and ADOPTED this 15th day of March, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 124/015610-0122 06 5 6 1158737 02 a03/09/11 Resolution No. CITY 2011- City Approving the Issuance by the RDA of its RDA Project Areas, Taxable Allocation Housing Bonds Adopted: March 15, 2011 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LA QUINTA I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the foregoing Resolution was duly adopted by said City Council at a regular meeting of said City Council on the 15th day of March, 2011. AYES: NOES: ABSENT: ABSTAIN: VERONICA J. MONTECINO, City Clerk City of La Quinta, California STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LA QUINTA I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. of the City and that the Resolution was adopted at the time and by the vote stated on the above certificate, and has not been amended or repealed. DATED: 2011 VERONICA J. MONTECINO, City Clerk City of La Quinta, California ,24/015610-0122 1 158737.02 a03/09n 1 v