2011 06 14 CC04 �a/V► �0� '� y
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NOTICE AND CALL OF SPECIAL MEETING
OF THE LA QUINTA CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO
THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a special meeting of the CITY COUNCIL of
the City of La Quinta is hereby called to be held on JUNE 14, 2011 at 1:30 p.m.,
at La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California
Dated:
DOMOPTI, M or
Attest:
Veronica J. Mo cino
City Clerk
DECLARATION OF POSTING
I, Veronica J. Montecino, City Clerk of the City of La Quinta, do hereby declare
that the foregoing agenda for the Special La Quinta CITY COUNCIL meeting of
JUNE 14, 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 June 10, 2011.
City of La
ecino, City Clerk
, California
CITY COUNCIL _ 1 JUNE 14, 2411 001
&# 4 #adja
City Council agendas are
available on the City's web page
@ www.la-quinta.org
CITY COUNCIL
ADDENDUM TO AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Special Meeting
TUESDAY, JUNE 14, 2011
1:00 p.m. Closed Session / 1:30 p.m. Open Session
Beginning Resolution No. 2011-042
Beginning 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 - NONE
RECESS TO REDEVELOPMENT AGENCY AND CLOSED SESSION
RECONVENE AT 1:30 P.M.
1:30 P.M.
PLEDGE OF ALLEGIANCE
CITY COUNCIL AGENDA 1 JUNE 14, 2011
.,.a 002
PUBLIC COMMENT
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Please complete a "request to speak" form and limit your comments to
three minutes.
CONFIRMATION OF AGENDA
PRESENTATIONS - NONE
WRITTEN COMMUNICATIONS — NONE
APPROVAL OF MINUTES — NONE
CONSENT CALENDAR
1. APPROVAL OF THE PLANS, SPECIFICATIONS, ENGINEERS ESTIMATE FOR
THE HIGHWAY 111 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS,
AUTHORIZATION FOR THE CITY MANAGER TO AWARD THE
CONSTRUCTION CONTRACT, AND ADOPTION OF A RESOLUTION
CONSENTING TO THE EXPENDITURE OF REDEVELOPMENT FUNDS FOR
THE IMPROVEMENTS, MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO SUCH
EXPENDITURES, AND APPROVING A FINANCING AGREEMENT WITH THE
LA QUINTA REDEVELOPMENT AGENCY
2. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE PHASE II WASHINGTON STREET DRAINAGE
IMPROVEMENTS, PROJECT NO. 2010-08 AND APPROPRIATE ADDITIONAL
REDEVELOPMENT AGENCY PROJECT AREA NO. 2 FUNDS
3. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO
ADVERTISE FOR BID THE HIGHWAY 111 UTILITY UNDERGROUNDING,
PROJECT NO. 2009-14 AND APPROPRIATE ADDITIONAL REDEVELOPMENT
AGENCY PROJECT AREA NO. 2 FUNDS
4. ADOPTION OF A RESOLUTION THAT APPROVES A PURCHASE AND SALE
AGREEMENT WITH YESSAYIAN FAMILY LTD. PARTNERSHIP, MAKES
FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445,
AND APPROVES THE EXPENDITURE OF FUNDS TO ACQUIRE PROPERTY
IDENTIFIED AS APNs 773-094-001 THROUGH 006 AND 773-094-013
CITY COUNCIL AGENDA 2 JUNE 14, 201 h O •�
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5. ADOPTION OF A RESOLUTION THAT APPROVES A PURCHASE AND SALE
AGREEMENT WITH DONALD AND JULIE PARKER, MAKES FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445, AND
APPROVES THE EXPENDITURE OF FUNDS TO ACQUIRE PROPERTY
IDENTIFIED AS APNs 773-077-013 AND 773-101-013
6. ADOPTION OF A RESOLUTION THAT APPROVES A PURCHASE AND SALE
AGREEMENT WITH UNION HOME LOANS, INC., ET AL., MAKES FINDINGS
PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445, AND
APPROVES THE EXPENDITURE OF FUNDS TO ACQUIRE LAND IDENTIFIED
AS APNs: 776-0760-002 THROUGH 005, AND 776-076-010 THROUGH
013
7. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE NEW TRAFFIC
SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND "A"
STREET, PROJECT NO. 2009-10
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENTS TO VARIOUS CITY BOARDS,
COMMISSIONS, AND COMMITTEES
A. MINUTE ORDER ACTION
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS - NONE
DEPARTMENT REPORTS - NONE
MAYOR AND COUNCIL MEMBERS' ITEMS - NONE
PUBLIC HEARINGS - NONE
ADJOURNMENT
The next regular meeting of the City Council will be held on June 21, 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.
CITY COUNCIL AGENDA 3 JUNE 14,E 2011 004
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 June 14, 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 June 13, 2011.
DATED: une 13, 2011
VERONICA ONTECINO, City Clerk
City of La Quinta, California
Public Notices
• The La Quinta City Council Chamber is handicapped accessible. If special
equipment is needed for the hearing impaired, please call the City Clerk's Office at
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
• If special electronic equipment is needed to make presentations to the City Council,
arrangement should be made in advance by contacting the City Clerk's Office at
777-7103. A one (1) week notice is required.
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that eight (8) copies of all documents, exhibits, etc.,
must be supplied to the City Clerk for distribution. It is requested that this take
place prior to the beginning of the meeting.
• 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 4 JUNE 14, 2011 005
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COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Approval of the Plans, Specifications,
Engineers Estimate for the Highway 111 Median Island
Landscape Improvements, Authorization for the City
Manager to Award the Construction Contract, and
Adoption of a Resolution Consenting to the
Expenditure of Redevelopment Funds for the
Improvements, Making Certain Findings Pursuant to
Health and Safety Code Section 33445(a) with
Respect to Such Expenditures, and Approving a
Financing Agreement with the La ' Quinta
Redevelopment Agency
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
a. Adopt a Resolution of the City Council of the City of La Quinta, consenting to
the expenditure of funds by the La Quinta Redevelopment Agency for the Highway
1 1 1 Median Island Landscape Improvements (Attachment 1), making certain
findings pursuant to Health and Safety Code Section 33445(a) with respect to the
Agency's expenditures, approving a Financing Agreement with the La Quinta
Redevelopment Agency; and
b. Approve the plans, specifications, and engineer's estimate (PS&E) and authorize
staff to advertise for bid the Highway 111 Median Island Landscape Improvements,
Project Number 2009-14; and
c. Authorize City Manager to award a construction contract, up to the amount of
$1,127,917, to the lowest responsive bidder.
FISCAL IMPLICATIONS:
The proposed improvements were originally included within the City's Fiscal Year
2009-2010 Capital Improvement Plan for a total funding amount of $1,321,624. It
was originally anticipated that the funding for the project would come from the
City's Transportation Developer Impact Fee (DIF) Fund. Due to the extremely low
number of building permits that have been issued over the past few years, the
Transportation DIF funds are less than anticipated, and need to be used for other
priority project. General Fund dollars are not available for the project. Staff is
therefore recommending that the project be funded with a loan from
Redevelopment Agency Project Area Number 2 funds, in the amount of
$1,325,556, to the Transportation DIF. A Financing Agreement has been prepared
by the City Attorney and is Attachment 2. The Agreement provides for interest at
the rate of 7% unless a different rate is required by law.
The following is the project's recommended funding and funding sources:
Transportation DIF: $45,108
RDA PA #2: $1,325,556
$1, 370, 664
The following is the anticipated project budget:
Construction: $980,797
Design: $98,080
Inspection/Testing/Survey: $95,627
Administration: $49,040
Contingency 0 5 %1: 147,120
Total: $1, 370, 664
The anticipated project budget was prepared using the engineer's estimate rather
than actual project bids. Staff is recommending that the Redevelopment Agency
appropriate funding at this time to allow the project to be awarded in an
expeditious manner.
CHARTER CITY IMPLICATIONS:
If staff's recommendation is approved, the project will be partially funded by
Redevelopment Project Area Number 2. As a consequence, the project will be
advertised as a prevailing wage improvement.
BACKGROUND AND OVERVIEW:
The project is located on Highway 111 between Adams Street and Jefferson
Street. The proposed improvements include the installation of landscape, irrigation,
and accent lighting within the recently constructed median islands. The
Consultant's scope of work includes a work objective to update the Highway 111
Landscape Design Guidelines for the limits of Highway 111 within the City's
corporate boundary. The landscape palette will be established from the plant
palette approved by the City Council as a result of the updated Highway 111
Landscape Design Guidelines. The project limits are jointly owned by the City of La
Quinta (95%) and the City of Indio (5%).
On April 21, 2009, the City Council adopted Resolution 2009-033 approving the
Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and
making certain findings pursuant to Health and Safety Code Section 33445(a). The
Highway 111 Median Island Landscape Improvements are included within the
adopted CIP and scheduled for funding during Fiscal Years 2009-2010.
On July 21, 2009, the City Council authorized staff to distribute a Request for
Proposal (RFP) to obtain professional engineering services to prepare the PS&E for
the Highway 111 Median Island Landscape Improvements, Project No. 2009-03,
and appointed a consultant selection committee.
On November 17, 2009, the City Council approved a Professional Services
Agreement (PSA), in the amount of $77,125, with RGA Landscape Architects, Inc.
to prepare the PS&E for the Highway 111 Median Island Landscape Improvements,
Project No. 2009-03, and authorized the City Manager to execute the same.
On February 1, 2011, the City Council adopted the Highway 111 Corridor
Landscape Design Guidelines and directed staff to proceed with the design phase
of the Highway 111 Median Island Landscape Improvements (Adams Street to
Jefferson Street), Project 2009-03.
The PS&E for the Highway 111 Median Island Landscape Improvements is now
complete and ready to be advertised. The PS&E is available for review within the
City's Public Works Department.
Staff is recommending the Highway 111 Median Island Landscape Improvements
be partially funded with a loan from RDA Project Area No. 2 funds. No other
funding is available to replace these funds. Staff would like to proceed
expeditiously with this project in order to allow the majority of the work to be
completed over the summer months.
Contingent upon City Council authorization to fast track this project and advertise
the project forbid on June 14, 2011, the following is the anticipated project
schedule:
City Council Approves PS&E June 14, 2011
Project is Advertised June 15-27, 2011
City Manager Awards Contract June 29, 2011
Construction July — November 2011
Project Closeout December 2011
"' 008
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. a. Adopt a Resolution of the City Council of the City of La Quinta,
consenting to the expenditure of funds by the La Quinta Redevelopment
Agency for the Highway 111 Median Island Landscape Improvements,
making certain findings pursuant to Health and Safety Code Section
33445(a) with respect to the Agency's expenditures, approving a Financing
Agreement with the La Quinta Redevelopment Agency; and
b. Approve the PS&E and authorize staff to advertise for bid the Highway
111 Median Island Landscape Improvements, Project Number 2009-14; and
c. Authorize City Manager to award a construction contract, up to the
amount of $1,078,000, to the lowest responsive bidder; or
2. a. Do not Adopt a Resolution of the City Council of the City of La Quinta,
consenting to the expenditure of funds by the La Quinta Redevelopment
Agency for the Highway 111 Median Island Landscape Improvements,
making certain findings pursuant to Health and Safety Code Section
33445(a) with respect to the Agency's expenditures, approving a Financing
Agreement with the La Quinta Redevelopment Agency; and
b. Do not approve the PS&E and authorize staff to advertise for bid the
Highway 111 Median Island Landscape Improvements, Project Number
2009-14; and
c. Do not authorize City Manager to award a construction contract, up to the
amount of $1,078,000, to the lowest responsive bidder; or
3. Provide staff with alternative direction.
Respectfully submitted,
mothy R. on ss P.E.
Public Works irec r/City Engineer
009
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1 . Vicinity Map
2. Financing Agreement
M 010
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
CONSENTING TO THE EXPENDITURE OF
FUNDS BY THE LA QUINTA REDEVELOPMENT
AGENCY FOR THE HIGHWAY 111 MEDIAN
ISLAND LANDSCAPE IMPROVEMENTS,
MAKING CERTAIN FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION
33445(a) WITH RESPECT TO THE AGENCY'S
EXPENDITURES, AND APPROVING A
FINANCING AGREEMENT BETWEEN THE CITY
AND THE LA QUINTA REDEVELOPMENT
AGENCY RELATING TO THE IMPROVEMENTS
WHEREAS, the Highway 111 Median Island Landscape Improvements
are located in La Quinta Redevelopment Project Area No. 2 (the "Project Area");
and
WHEREAS, the construction and installation of the Highway 111
Median Island Landscape Improvements would afford the Redevelopment Agency
the opportunity to address the blighting conditions; and
WHEREAS, there is inadequate funding within the City's General Fund,
Development Impact Fee Fund or from other sources to construct the proposed
Highway 111 Median Island Landscape Improvements, in that (1) the City's
General Funds are needed to provide essential public services, such a police
services and maintenance of existing public improvements, (2) payments into the
City's Development Impact Fee Fund has sharply declined with the economic
downturn, and (3) the amounts currently on deposit in Development Impact Fee
Fund needed for other public infrastructure projects and to fund the repayment of
certain financing and reimbursement agreements and; and
WHEREAS, there are many vacant businesses along the Highway 111
corridor in the City of La Quints, and the Median Island Landscape Improvements
will enhance the overall appearance of the area and encourage the public to come
to the area and support the local businesses; and
WHEREAS, proceeding with the construction and installation of the
Highway 111 Median Island Landscape Improvements at this point in time will help
to stimulate the local economy by providing local jobs and construction -related
expenditures; and
Oil
Resolution 2011-
Highway 111 Median Island Landscape
Adopted: June 14, 2011
Page 2
WHEREAS, when the economy improves, additional development
along the Highway 111 corridor will occur and provide funding to the Development
Impact Fee Fund to reimburse the La Quinta Redevelopment Agency for the
advancement of funds needed for this project; and
WHEREAS, it would be in the best interest of the public to construct
and install the Highway 111 Median Island Landscape Improvements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The above recitals are true and correct and are adopted
as the findings of the City Council.
SECTION 2. The City Council hereby consents to Agency funding to
be utilized for the Highway 111 Median Island Landscape Improvements, and
hereby approves and authorizes the City Manager to execute a Financing
Agreement between the City of La Quints and the La Quinta Redevelopment
Agency to facilitate the Agency's advance of the necessary funds.
SECTION 3. Pursuant to Health and Safety Code Section 334451a1,
the City Council finds and determines that:
A. The construction and installation of the Highway 111 Median Island
Landscape Improvements is of benefit to the Project Area and to the
immediate neighborhoods in which the improvements are located.
B. No other reasonable means of financing the Highway 111 Median Island
Landscape Improvements are available to the community at this point in time.
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Resolution 2011-
Highway 111 Median Island Landscape
Adopted: June 14, 2011
Page 3
C. The Highway 111 Median Island Landscape Improvements will assist in the
elimination of one or more blighting conditions inside the Project Area, and
are consistent with the Redevelopment Agency's implementation plan
adopted pursuant to Section 33490.
PASSED, APPROVED and ADOPTED at a special meeting of the La
Quinta City Council held on this 14th day of June 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
VERONICA J. MONTECINO, CMC, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
DON ADOLPH, Mayor
City of La Quinta, California
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FINANCING AGREEMENT
THIS FINANCING AGREEMENT ("Agreement") is made and entered into this 14th
day of June, 2011, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public
body corporate and politic ("Agency"), and the CITY OF LA QUINTA, a charter city and
municipal corporation ("City").
RECITALS
WHEREAS, Agency is a public body, corporate and politic, organized under the
California Community Redevelopment Law (Health & Safety Code § 33000 et seg.); and
WHEREAS, City is a municipal corporation and a charter city of the State of California
organized and existing under the Constitution of the State of California; and
WHEREAS, Agency, pursuant to Health and Safety Code Section 33445, is authorized to
provide funding, including in the form of loan financing, for the development of publicly owned
improvements; and
WHEREAS, City and Agency mutually desire to enter into this Agreement to set forth
their respective obligations with respect to a public improvement financing loan by the Agency
to the City's Transportation Impact Fee fund ("Transportation DIF Fund") in the amount of
($1,276,516) to be used by the City to meet the cost of installing the Highway 111 Median Island
Landscape Improvements ("Landscape Improvements"); and
WHEREAS, without the loan set forth herein such publicly owned improvements to the
City's Transportation would not be developed for many years until such time as sufficient
Transportation DIF fees were collected; and
WHEREAS, it is anticipated that the loan financing set forth herein shall be repaid by
City from the future collection of Transportation DIF fees as new private development occurs in
the community; and
WHEREAS, no portion of the loan funds are to used for any purpose not permitted by
Health and Safety Code Section 33445 as such code section exists on the date of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained, Agency and City agree as follows:
Agency Loan; Interest; Use of Loan Principal.
Agency hereby loans to City the principal amount of $1,276,516 ("Loan Principal") from
currently available tax increment funds for Redevelopment Project Area No. 2. Interest shall
accrue on the outstanding loan principal at the earning rate of 7% per annum unless a lesser
percentage is required by law, and shall be adjusted quarterly. The Loan Principal shall be used
•,.N •r N r�
only for the Highway 111 Median Landscaping Improvements. No portion of the Loan Principal
shall be used for any purpose not permitted by Health and Safety Code Section 33445 as it exists
on the date of this Agreement.
Repayment.
The Loan Principal and the accrued interest shall be repaid by City in annual installments
from available monies paid into the Transportation DIF Fund. The first annual installment shall
be for the period from the date of this Agreement to June 30, 2012, and shall be paid to Agency
not later than July 31, 2012. Subsequent annual installments shall cover succeeding fiscal year
periods and shall be payable by the July 315` following the end of a fiscal year (i.e., second
annual installment shall be for the period July 1, 2012 through June 30, 2013, and shall be
payable by July 31, 2013). The amount of each payment shall be not less than the amount of
Transportation DIF Fees collected by City during the period to which a particular installment
payment applies. City shall be entitled to repay all or part of the Loan Principal at any time with
no other charges, fees, or penalties. All amounts due under this Agreement shall be payable at
the offices of the City.
Subordination.
The repayment of the Loan Principal by City shall be junior and subordinate to all City
obligations incurred prior to the date of this Agreement.
Non -Recourse Obligation.
No officer, official, employee, agent, or representatives of City shall be liable for any
amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall
be personally enforced against any such officer, official, employee, agent, or representative.
Entire Agreement: Amendments.
This Agreement shall constitute the entire agreement of the parties. This Agreement may
be amended or modified only by an agreement in writing signed by the parties.
[end — signature page follows]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their authorized representatives, as of the date first above written.
"AGENCY"
LA QUINTA REDEVELOPMENT AGENCY
Terry Henderson, Chairwoman
ATTEST:
Veronica Montecino, Agency Secretary
APPROVED AS TO FORM:
M. Katherine Jenson, Agency Counsel
"CITY"
CITY OF LA QUINTA
Don Adolph, Mayor
Veronica Montecino, City Clerk
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
a 017
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COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Approval of the Plans, Specifications, and
Engineer's Estimate (PS&E) of Probable Construction
Costs and Authorization to Advertise for Bid the Phase II
Washington Street Drainage Improvements, Project No.
2010-08 and Appropriate Additional Redevelopment
Agency Project Area Number 2 Funds
RECOMMENDATION:
r
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2-
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) of probable
construction costs and authorize staff to advertise for bid the Phase II Washington
Street Drainage Improvements, Project No. 2010-08; appropriate additional
Redevelopment Agency Project Area Number 2 funds in the amount of $161,500; and
authorize the City Manager to award a construction contract, up to the amount of
$422,955, to the lowest responsive bidder.
FISCAL IMPLICATIONS:
The following is the project's approved funding:
RDA Project Area No. 2: $313,296
Total Funding: $313,296
Considering the engineer's estimate in the amount of $360,955 and a 15%
contingency, the following is the project's anticipated budget:
Design: $29,660
Inspection/Testing/Survey $22,181
Construction: $360,955
Contingency (15%): $62,000
Total Budget: $474,796
n 018
As illustrated, a shortfall exists between the approved project funding, $313,296, and
the anticipated project budget, $474,796, in the amount of $161,500. While the
anticipated project budget was prepared using the engineer's estimate rather than
actual project bids, staff is recommending funding appropriation at this time to allow
the project to be awarded and obtain executed contracts prior to June 30, 2011.
CHARTER CITY IMPLICATIONS:
The project is funded by the City's Redevelopment Agency Project Area Number 2. As
such, the project is subject to prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The realignment of Washington Street south of Highland Palms Drive (Avenue 47)
created the St. Francis of Assisi parkway median, a large, curbed island on the west
side of the street that separates Washington Street from a frontage road in front of St.
Francis of Assisi Catholic Church (Attachment 1). This project proposes to maximize
the space within this Parkway Median area to serve as a storm water retention facility
to supplement other drainage improvements within the area. The proposed retention
basin will be graded using 3:1 slopes with a maximum depth of six feet. All utilities,
with the exception of the CVWD sewer line will be relocated outside of the parkway
median.
On April 20, 2010, the City Council adopted a Resolution approving the Fiscal Year
2010-2011 through 2014-2015 Capital Improvement Program (CIP) and making
certain findings pursuant to Health and Safety Code Section 33445(a), and consenting
to the use of La Quinta Redevelopment Agency funding for the improvements
identified in the CIP. The Phase II Washington Street Drainage Improvements were
included within the adopted CIP and scheduled for funding during Fiscal Year 2010-
201 1.
On April 20, 2010, the City of La Quinta Redevelopment Agency adopted a Resolution
making certain findings pursuant to Health and Safety Code Section 33445(a), and
consenting to the use of La Quinta Redevelopment Agency funding for the
improvements identified within the Fiscal Year 2010-2011 through 2014-2015 CIP.
On September 21, 2010, the City Council authorized staff to distribute a Request for
Proposals (RFPs) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the Phase II Washington Street
Drainage Improvements, Project 2010-08.
11O 019
On December 21, 2011, the City Council approved a Professional Services Agreement
(PSA), in the amount not to exceed $29,660, with RBF Consulting to provide
professional engineering services to prepare the PS&E of probable construction costs
for the Phase II Washington Street Drainage Improvements, Project No. 2010-08.
The PS&E for the Phase II Washington Street Drainage Improvements is now complete
and ready to be advertised. The PS&E is available for review within the City's Public
Works Department.
Staff recommends the project be fast tracked to ensure redevelopment agency funds
are available for the project. The Phase II Washington Street Drainage Improvements
are entirely funded with RDA Project Area No. 2 funds; therefore no other funding is
available to replace these funds.
Contingent upon City Council authorization to fast track this project and advertise the
project for bid on June 14, 2011, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
City Manager Awards Contract
Contracts Executed
Construction
Project Closeout
FINDINGS AND ALTERNATIVES:
June 14, 2011
June 15-27, 2011
June 29, 2011
June 30-31, 2011
July — September 2011
October 2011
The alternatives available to the City Council include:
1. Approve the PS&E of probable construction costs and authorize staff to
advertise for bid the Phase II Washington Street Drainage Improvements, Project
No. 2010-08; appropriate additional Redevelopment Agency Project Area
Number 2 funds in the amount of $161,500; and authorize the City Manager to
award a construction contract, up to the amount of $422,955, to the lowest
responsive bidder; or
2. Do not approve the PS&E of probable construction costs and do not authorize
staff to advertise for bid the Phase II Washington Street Drainage
Improvements, Project No. 2010-08; do not appropriate additional
Redevelopment Agency Project Area Number 2 funds in the amount of
$161,500; and do not authorize the City Manager to award a construction
contract, up to the amount of $422,955, to the lowest responsive bidder; or
3. Provide staff with alternative direction.
Respectfully submitted,
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Vicinity Map
Approved for submission by:
Thomas P. Genovese, City Manager
021
Respectfully submitted,
Timothy R. J nas o , P.E.
Public Works Dire or/City Engineer
Attachment: 1. Vicinity Map
Approved for submission by:
Thomas P. Genovese, City Manager
022
ATTACHMENT 1
VICINITY MAP
» 023
COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Approval of the Plans, Specifications, and
Engineer's Estimate (PS&E) of Probable Construction
Costs and Authorization to Advertise for Bid the
Highway 1 1 1 Utility Undergrounding, Project No. 2009-
14 and Appropriate Additional Redevelopment Agency
Project Area Number 2 Funds
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
Approve the plans, specifications and engineer's estimate (PS&E) of probable
construction costs and authorize staff to advertise for bid the Highway 111 Utility
Undergrounding Improvements, Project No. 2009-14; appropriate additional
Redevelopment Agency Project Area Number 2 funds in the amount of $220,500; and
authorize the City Manager to award a construction contract, up to the amount of
$122,000, to the lowest responsive bidder.
FISCAL IMPLICATIONS:
The proposed improvements were originally included within the City's Fiscal Year
2009-2010 Capital Improvement Plan (CIP) for a total amount of $282,976. This
amount included $141,488 from RDA Project Area Number 2 and $141,488 from RDA
Project Area Number 2 Low/Mod. The project funding was removed from the active
CIP budget in FY 2010/201 1 in order to repay the general fund loan.
The following are the project's recommended funding and funding sources:
RDA Project Area No. 2: $220,500
Total Funding: $220,500
Considering the engineer's estimate in the amount of $177,700 and a 15%
contingency, the following is the project's anticipated budget:
..a C24
Design: $5,000
Inspection/Testing/Survey $9,039
Construction City $92,700
Construction IID $85,000
Contingency (15%): $28,761
Total Budget: $220,500
While the anticipated project budget was prepared using the engineer's estimate rather
than actual project bids, staff recommends appropriating funding at this time to allow
the project to be awarded and contracts to be executed by June 30, 2011.
CHARTER CITY IMPLICATIONS:
The project is funded by the City's Redevelopment Agency Project Area Number 2. As
such, the project is subject to prevailing wage requirements.
BACKGROUND AND OVERVIEW:
The proposed improvements will underground the electrical lines currently on the five
above ground power poles on the south side of Highway 111, on RDA property,
between Dune Palms Road and the Komar Center.
On April 21, 2009, the City Council adopted Resolution 2009-033 approving the Fiscal
Year 2009-2010 through 2013-2014 CIP and Making Certain Findings Pursuant to
Health and Safety Code Section 33445(a). The Highway 111 Utility Undergrounding
is included within the adopted CIP and scheduled for funding during Fiscal Years 2009-
2010.
On April 21, 2009, the City of La Quinta Redevelopment Agency adopted a Resolution
approving the Fiscal Year 2009-2010 through 2013-2014 CIP and Making Certain
Findings Pursuant to Health and Safety Code Section 33445(a). The Highway 111
Utility Undergrounding is included within the adopted CIP and scheduled for funding
during Fiscal Years 2009/2010.
During the past several years staff has been working with the Imperial Irrigation
District (IID) to underground power lines that were installed with the Komar (Costco
Center) Development Project on Highway 111. The project plans and technical
specifications for the underground circuits only have been prepared by IID at the City's
expense.
The PS&E for the Highway 111 Utility Undergrounding, Project No. 2009-14, which
will provide underground conduits for the new IID lines are now complete and ready to
be advertised. The PS&E are available for review within the City's Public Works
Department.
« 025
Staff recommends the project be expedited to ensure the project is constructed prior to
mass grading of the site.
Contingent upon City Council authorization to expedite this project and advertise the
project for bid on June 14, 2011, the following is the anticipated project schedule:
City Council Approves PS&E
Project is Advertised
Construction
Project Closeout
FINDINGS AND ALTERNATIVES:
June 14, 2011
June 29, 2011
July - September 2011
October 2011
The alternatives available to the City Council include:
1 Approve the PS&E of probable construction costs and authorize staff to
advertise for bid the Highway 1 1 1 Utility Undergrounding Improvements, Project
No. 2009-14; appropriate additional Redevelopment Agency Project Area
Number 2 funds in the amount of 220,500; and authorize the City Manager to
award a construction contract, up to the amount of $122,000, to the lowest
responsive bidder; or
2. Do not approve the PS&E of probable construction costs and do not authorize
staff to advertise for bid the Highway 111 Utility Undergrounding
Improvements, Project No. 2009-14; do not appropriate additional
Redevelopment Agency Project Area Number 2 funds in the amount of
220,500; and do not authorize the City Manager to award a construction
contract, up to the amount of $122,000, to the lowest responsive bidder; or
3. Provide staff with alternative direction.
Respectfully submitted,
'timothy R. Jo asspfi, C:E.
Public Works Direct/City Engineer
" 026
Approved for submission by:
Thomas P. Genovese, City Manager
*.a 027
�4 O
F
u 5
c�M OF T41ti 9
COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Adoption of a Resolution That Approves
a Purchase and Sale Agreement with Yessayian
Family Ltd. Partnership, Makes Findings Pursuant to
Health and Safety Code Section 33445, and
Approves the Expenditure of Funds to Acquire Land
Identified as APNs: 773-094-001through 006 and
013
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION: _
CONSENT CALENDAR: It
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council that approves a Purchase and Sale Agreement
between the La Quinta Redevelopment Agency and the Yessayian Family Ltd.
Partnership, finds that the acquisition of this property conforms with the requirements
of Health and Safety Code Section 33445, approves an Agency expenditure of
$1,457,129, and authorizes the City Manager to execute the acceptance of the grant
deed and any other necessary documentation.
FISCAL IMPLICATIONS:
The Redevelopment Agency will fund up to $1,457,129 to purchase this property;
these expenses are comprised of the purchase cost of $1,447,129 and up to $10,000
of customary closing costs. This acquisition will not require the expenditure of City
funds.
BACKGROUND AND OVERVIEW:
The Redevelopment Agency Board has directed staff to pursue the purchase of various
properties in the Village to facilitate off-street parking opportunities, the expansion of
recreation opportunities, public facilities or the development of affordable housing.
The Yessayian Family Ltd. Partnership property is a 49,901 square foot (1.145 acre)
vacant parcel located south and west of La Quinta Park. Per the Purchase and Sale
Agreement (Attachment 1), the City of La Quinta would purchase this property for a
cost of $1,447,129 or $29.00 per square foot of land area, plus customary closing
costs. The Redevelopment Agency will be funding the acquisition and customary
closing costs. The rationale for purchasing this property is to preserve vacant land for
future affordable housing development, or given this property's location immediately
north of La Quinta Park, for possible public parking or recreation uses.
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
makes findings that support this expenditure, and if the City Council consents to
having the Agency expend these funds. The acquisition of this property will eliminate
blight in Project Area No. 1 by facilitating the expansion of recreation uses, or by
providing additional off-street parking opportunities, or facilitating the development of
affordable housing.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council that approves a Purchase and Sale
Agreement between the La Quinta Redevelopment Agency and the Yessayian
Family Ltd. Partnership, finds that the acquisition of this property conforms with
the requirements of Health and Safety Code Section 33445, approves an
Agency expenditure of $1,457,129, and authorizes the City Manager to execute
the acceptance of the grant deed and any other necessary documentation; or
2. Do not adopt a Resolution of the City Council approving the Purchase and Sale
Agreements; or
3. Provide staff with alternative direction.
Respectfully submitted,
J—DIIn OL4=R J4_4�
Debbie Powell
Economic Development Project Manager
Approved for submission b
f
Thomas P. Genovese, City Manager
Attachment: 1. Purchase and Sale Agreement
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CONSENTING TO THE USE OF
REDEVELOPMENT AGENCY FUNDING FOR, AND
APPROVING A PURCHASE AND SALE AGREEMENT
WITH THE YESSAYIAN FAMILY LIMITED PARTNERSHIP
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 has negotiated a Purchase and Sale Agreement
with the Yessayian Family Limited Partnership, for real property identified as
Assessor Parcel Nos. 773-094-001, 002, 003, 004, 005, 006, and 013
(collectively, "Property") for off-street parking opportunities, the expansion of
recreation opportunities, public facilities or the development of affordable housing
(collectively, the "Infrastructure Improvements"), to facilitate access to the Village;
and
WHEREAS, the Property is located within the Project Area; and
WHEREAS, the Agreement would provide for the Agency's expenditure of
One Million Four Hundred Forty -Seven Thousand One Hundred Twenty -Nine Dollars
($1,447,129) plus closing costs to acquire the property located on Avenida
Montezuma; 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
Resolution No. 2011-
Yessayian Avenida Montezuma Property
Adopted: June 14, 2011
Page 2
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 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 the Property pursuant to the Agreement 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 will 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 purchase of the Property or the
Infrastructure Improvements is available, 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 Property and Infrastructure Improvements
is to use Agency funding; (iii) without Agency funding, the Property could
not be acquired and the Infrastructure Improvements would not be
completed, all to the detriment of the Project Area.
C. The acquisition of the Property and the future installation of 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 Property for future
development with the Infrastructure Improvements is necessary to effectuate the
q 031
Resolution No. 2011-
Yessayian Avenida Montezuma Property
Adopted: June 14, 2011
Page 3
purposes of the Redevelopment Plan and is in the best interests of the City of La
Quinta
SECTION 4. The Agreement is hereby approved. The City Council hereby
consents to the use of Agency funding to acquire the subject Property.
SECTION 5. The City Council directs its City Manager to (i) sign such
documents that require the City's signature in order to effectuate the City's
acquisition of the Property and (ii) take such other and further actions as may be
necessary and proper to carry out the terms of the Agreement.
SECTION 6. The City Manager is authorized to accept the conveyances of
the Property, and to take such other actions and execute such other documents as
may be necessary to implement and affect this Resolution on behalf of the City.
PASSED, APPROVED and ADOPTED at a special meeting of the La Quinta
City Council held on this 14th day of June, 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
VERONICA J. MONTECINO, CMC, CITY CLERK
City of La Quinta
,a 032
Resolution No. 2011-
Yessayian Avenida Montezuma Property
Adopted: June 14, 2011
Page 4
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta
,p 0,33
ATTACHMENT
CALIFORNIA VACANT LAND PURCHASE AGREEMENT
® ASSOCIATION AND JOINT ESCROW INSTRUCTIONS
OF R E A L T O R S m (CAR.Form VLPA, Revised 4110)
Dent .cliche 9, 2011
1. OFFER:
A. THIS IS AN OFFER FROM Ea finiata Redevelopment Acenor a vubala body corporate 6 aolltlC ("Buyer").
B. THE REAL PROPERTY TO BE ACQUIRED Is described as Vacant lots 1-12, Block 132. Santa Cermelita at Vale La
---- ---- - - - - ,Assessor's Parcel NO(s).
situated in La Ouinta , County of R17eraide , California, ('Property').
C. THE PURCHASE PRICE offered Is One Million, Fop.: Sti .++TMd 8o_�t+s-Sew Thmusan_d- One EL_Arod Taentwiyi=a
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 (CAR. Forth 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 Oainta Palma Realty (Print Firm Name) is
the agent of (check one): ❑ the Seller exclusively; or to both the Buyer and Seller. '
Selling Agent za Odf nta Palma Realty (Print Firm Name) (f not the
same as the Usdng AgenU is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively, or M 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 .......................................... $ 51000.00
(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) (6 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 frost 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)
(1) FIRST LOAN in the amount of ...................................................... 6
This loan will be conventional financing or, if checked, ❑ FHA, ❑ VA, ❑ Seller (CAR. Form SFA),
❑ assumed financing (CAR. Forth FAA), ❑ Other . This loan shall be at a
fixed rate not to exceed % or, ❑ an adjustable rate ban 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............................................................6
This loan will be conventional financing or, 5 Checked, ❑ Seller (CAR. Forth SFA), ❑ assumed financing
(CAR Form PAA), ❑ Other . This loan shag be at a Poled 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: 6
E. BALANCE OF PURCHASE PRICE OR DOWN PAYMENT in the amount of ................................. S 1,442,129.00
to be deposited with Escrow Holder within sufficient time to dose escrow.
F. PURC (TOTAL): ........................................... $Z 4 7 129 00
Buyer's Initials ) ( )
The wpye9M Iwv w 11niled ttwatm T1Ue 17 U.S. Code) krbld Ue waalwtrnd
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scan, mdudvg fedmnile w wn putwimd b.. . CopyddN O 1996301a Reviewed Fry Date r � grrNy
CALIFORNIA ASSOCIATION OF REALTORSO, INC. ALL RIGHTS RESERVED.
vI PA REwftFn ens (PAGE I OF lot VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 1 OF 10)
Agent: Bruce Cathcart Phone:760.5W104 Fax:760.664.0344 Prepared using zipForm®software
Broker. La Qufnta Palms Real Estate Cc 61-001 Eisenhower Drive La Quanta , CA 92253
.,N 034
Property: Yacant lots 1-12. ]cloak 132. seats Casmelita at vela La Galata Gait 1! Date; Juice 9. 2012
O. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyers lender or ban broker pursuant to 3H(1)) shall, within
7 (or ❑ ) Days After Acceptance, Deliver to Seller written verification of Buyers down payment and dosing costs. (If checked,
❑ verification attached.)
H. LOAN TERMS:
(1) LOAN APPLICATIONS: Within 7 (or0 ) 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
Ian specified in 3C above. (If checked ❑ lefter attached.)
(2) LOAN CONTINGENCY: Buyer shall ad diligently and in good faith to obtain the designated loan(s). Obtaining the loon(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) Wthin 17 (or ) Days After Acceptance, Buyer shall, as specified in paragraph 19, in writing remove the loan
contingency or cancel this Agreement
OR (11) if cracked) ❑ 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 AgmemenL If Buyer does not
obtain the ban 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
Propeny,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 speciffed In paragraph 19B(3), in
writing remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance). If there is no ban
contingency, Buyer shall, as specMed 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 cracked): Buyer shall, within 7 (orb ) Days After Acceptance, Deliver to Seller written verification of
sufficient funds to dose this transaction. (If checked ❑ verification attarihed.)
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, (1) Seller has no
obligation to cooperate with Buyers efforts to obtain such financing, and (Ip Buyer shall also pursue the financing method specified in this
Agreement. Buyers failure to secure alternate financing does not excese Buyer from the obligation to purchase the Properly and dose escrow
as specified In this Agreement.
L. SELLER FINANCING: The following terms (or 0 (if checked) the tears specified in the attached Seller Financing Addendum (CJLR. Form
SFA) apply ONLY to financing extended by Seller under this Agreement.
(1) BUYER'S CREDIT -WORTHINESS: Buyer authorizes Seiler 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 followig additional
terns: (1) the maximum interest rate specified in paragraph 3C shall be the actual fbked Interest rate for Seller financing; 01) deed of trust shall
contain a REQUEST FOR NOTICE OF DEFAULT on senior bans; (di) 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[3 ) if the Installment Is not received within
10 days of the date due; (vi) title insurance average in the forth 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 (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 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. Seiler 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 decide Of trust. Ian 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 ash 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 all 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; Itdoss 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, Impeded
(2) [3 Buyer (] Seller shall pay for costa of testing to determine the suitability of soti for sewage disposal
(3) Buyer ❑ Seller shall pay to have existing wells, 9 any, tested for water potability aril productivity
Buyers Initials (�> ( ) Sellers Initials (� -) ( )
Copyright 01990-2010, CAUFORNIA ASSOCIATION OF REALTORS®, INC. ;MW.W by oats emw
VLPA REVISED 4110 (PAGE 2 OF 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 2 OF 10) Yessayian Vacant Lots
.,.N C 3 5
Property; VAaant latA x 12 Aloak 232 SAnta Caginalita at Vale Za Quinta r*rt 14 Date: June 9. 2011
(4) ❑ Buyer ❑ Seller shall pay to have Property comers Identified
(5) ❑ Buyer ❑ Sailor 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 Fao F,Ay t_>,e3r e.,, costa
Escrow Holder shall be Four Seasons Esci rn
(2) ❑ Buyer ® Seller shall pay for owner's title Insurance policy specified In paragraph 15E
Owners title policy to be Issued by yr--4 v wi '-
(Buyer shall pay for any title insurance policy insuring Buyers 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 ❑ Seller shall pay Homeowners' Association CHOA') transfer fees
(4) ❑ Buyer ❑ Seiler shall pay HOA document preparation fees _
(5) ❑ Buyer ❑ Seller shall pay for
(6) ❑ Buyer ❑ Seller shall pay for
5. POSSESSION AND KEYS: Possession shag be delivered to Buyer at 5PM or 10: 00 ® AM ❑ PM, ® on the date of Close Of Escrow;
❑ 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 CHOA") to obtain keys to accessible HOA facilities.
S. STATUTORY DISCLOSURES AND CANCELLATION RIGHTS:
A. NATURAL AND ENVIRONMENTAL HAZARDS: Sailer shall, within the time specified in paragraph 19, deliver to Buyer B required by Law: (1)
earthquake guides (and questionnaire) and environmental hazards booklet; (11) 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 (111) 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, Seiler shall Deliver to Buyer or qualified
substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (CA.R. Form AS or OS).
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.maganslaw.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 Seger nor Brokers are required to check this website. If Buyer wants further information, Broker
recommends that Buyer obtain information from this webaite 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 Farm rights (Civil Code §3482.5 and §3462.6).
(5) ENDANGERED SPECIES: Presence of endangered, threatened,'candldaW 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 pemdts pertaining to the operation or
use of the Property.
C. ❑ TENANT ESTOPPEL CERTIFICATES: (If decked) Within the time specified in paragraph 10. Seller shall deliver to Buyer tenant estoppel
certificates (CA.R. Form TEC) completed by Seller or Sellers agent, and signed by tsnants, acknowledging: (q that tenanta' rental or lease
agreements are unmodified and In full force and effect (or if modified, stating all such modifications); 01) that no lessor defaults exist and (lit)
stating the amount of any prepaid rent or security deposiL
D. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 19, Seger shag: (1) make a good faith effort to obtain a notice from
any local agencies that levy a special tax or assessment on the Properly (or, 9 allowed, substantially equivalent notice), pursuant to the
Mello -Roos Community Facilities Ad, and Improvement Bond Act of 1916, and (10 promptly deliver to Buyer
any such notice obtained.
Buyers Initials (, ) ( ) Sellers Ingial8!E•' �. ) ( )
Copyright a 199&2010, CALIFORNIA ASSOCIATION OF RFALTORSO. INC. RaNaweO by rwuruX0�0srx
VLPA REVISED 4110 (PAGE 3 OF 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 3 OF 10) yessayisa Vacmt Lis
" 036
Property: Vacant Iota 1-12, Block 132. Santa Caxmellta at Vale is Oslnta A SC Date: Jima 9, 2011
S. COND0MINIUMIPLANNEO 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 subdivlelon, Seller has? (or ('3 )
Days After Acceptance to request from the HQA (CA.R. Forth HOA): (1) Copies of any documents required by Law; (I) disclosure of any pending
or anticipated claim or litigation by or against the HOA; (ill) a statement containing the lop0on and number of designated packing 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 CI
Disclosures in Seller's possession. Buyers approval of Cl Disclosures Is a contingency of this Agreement as specified in paragraph 14B(3).
9. SUBSEQUENT DISCLOSURES: In the event Seger, 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 ads, ("Proposed Changes'), subject to Buyer's rights In paragraph 19: (1) rent or
lease any part of the premises; (it) alter, modify or extend any existing rental or lease agreement; (111) enter Into, after, modify or extend any
service ccntract(s); or (1v) change the status of the condition of the Property.
B. At least 7 (or ❑ ) Days prior to any Proposed Changes, Sailer shall give written notics 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 118 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 otherwise specified, are owned by Seller.
(4) All items included shall be transferred free of lions and without Seller warranty.
C. ITEMS EXCLUDED FROM SALE:
12. CONDITION OF PROPERTY: Unless otherwise agreed: (1) the Property is sold (a) In Its PRESENT physical condition as of the data of
Acceptance and (b) subject to Buyer Investigation rights; (11) the Property is to be maintained In substantially the same condition as of the date of
Acceptance and (Ili) ❑ (t 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: () cancel
this Agreement; or (i) 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 bulk
according to code, In compliance with current Law, or have had permits Issued.
13. BUYPITS 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 198(t), Buyer shag 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:
() inspect for lead -based paint and other lead -based paint hazards; (11) 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 Buyer's Inspection Advisory (CA.R. Form B64). Without Sellers prior written consent Buyer shall neither make nor cause to be made: (1)
Invasive or destructive Buyer Investigations; or (I) inspections by any governmental building or zoning inspector or government employee, unless
required by Law.
B. Seiler shag make the Property available for all Buyer Investigations. Buyer shall () as specified in paragraph 19B, complete Buyer Investigations
and, ether 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. Buyer indemnity and Seller protection for entry upon property: Buyer shall: (1) keep the Property free and clear of Ions; (11) repair at 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 Seger from liability for any Injuries to persons or property occuMng 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' (CA.R. Form NNR) for Buyer Investigations and work done on the Property at
Buyer's direction. Buyers obligations under this paragraph shall survive the termination or cancellation of this Agreement and Close Of Escrow.
Buyer's Initials ( ) ( )
CopyrightO 1990.2010, CAUFORNIA ASSOCIATION OF REALTORSO, INC.
VLPA REVISED 4110 (PAGE 4 OF 101
VACANT LAND PURCH,
Sellers InitialsR" '� ) ( )
RevZW by Dais arpnw' irr
(VLPA PAGE 4 OF 10) Ycmylan Vacant Lots
037
Property: vacant Tote ±-±2. H1cu± ±32. 8a�ta C >—+aa40. at va±a Ls OaiatA unit 14 Date: Jane 9. 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 sirs, property fines, 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 responsib0ity 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: Pest, 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 rues, or violations of "setback" requirements. (Buyer should also investigate whether these matters effect 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 (airbome, toxic or otherwise), fungus or similar contaminant,
materials, products or Conditions.
1.. GEOLOGIC CONDITIONS: Geologidseismic conditions, soil and terrain stability, suitability and draktage 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 at area conditions, including Agricultural Use Restrictions pursuant
to the Williamson Act (Government Code §§5120051295), 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 (facealea such as pools, tennis
courts, walkways, or other areas co -owned In undivided Interest with otters), 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 Properly 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 (CAR. Form VLO)
B. Addenda (if checked): U Addendum is (CAR. Form ADM)
U Wood Destroying Pest Inspection and Allocation of Cost Addendum (CAR Forth WPA)
U Purchase Agreement Addendum (CAR Form PAA) U Septic. Well and Property Monument Addendum (CAR. Forth SWPI)
C. Advisories
Trust
D. Other Terms: This transaction (and all tezma and gonddtiona) is sebieet to the annswval of the Sa
Q)v1nTA Redayalonmant Agency at their next meeting.
Buyers Initials ) ( )
Copyright®1996-2010, CALIFORNIA ASSOCIATION OF REALTORSO, INC.
VLPA REVISED 4110 (PAGE 5 OF 10)
VACANT LAND PURCH
Sellers lnitialsQ�/� ) (
)
ReNew d by Date
vra
(VLPA PAGE 5 OF 10)
Yesseyim Vacant Lob
.." 038
Property: Vacant 2ots 1-12. B20ak 132, Santa Caggelita at Va2e is 0ointa Unit 14 Date:.nme 9, 2011
16. 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 fife Insurer to Issue a policy of tide Insurance and may not contain every Item affecting i tle. Buyers review of the preliminary report
and any other matters which may affect title are a contingency of this Agreement as specified In paragraph 19B.
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 (1) 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 wilting.
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 tite (or, for stack coopemwe or long-term lease, an assignment of stack
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 Buyers request can provide information about the availabirdy, 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 (CAR. Form CAP) 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 shag 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 (CAR. Form CR or CC).
A. SELLER HAS: 7 (or C3 ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and Information for which Seder
is responsible under paragraphs 3M, 4, 5A and B, 7, 8A, 12A, 14A and B, and 15. Buyer may give Seller a Notice to Seger to Perform (CA.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 Infar ation, 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 5 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 (CAR. 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 (CAR. Form CR), or (II) a cancellation (CAR. Form CC) of this Agreement based upon a remaining contingency or
Sellers failure to Deliver the specified items. However, if any report, disclosure or information for which Seller la responsible is not Delivered
within the time specified in 19A, then Buyer has 6 (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 and of the time specified In 19121(1) and before Seger cancels this Agreement N at all,
pursuant to 19C, Buyer retains the right to either (1) In writing remove remaining contingencies, or (11) 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).
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 than Seller, after first Delivering to Buyer a Notice to Buyer to
Perform (CAP- 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: (1) if Buyer fails to deposit funds as required by 3A or 313; (11) if the funds deposited pursuant to 3A or 3B are no good
when deposited; (111) if Buyer fails to Deliver a letter as required by 3H; Qv) if Buyer fails to Deliver verification as required by 3G or 3.1; 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; (II) be signed by Seller, and (Ili) give Buyer at West 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 speed in 19C(2).
D. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise
speed in a separate written agreement between Buyer and Seller, Buyer shag 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 t e nsaction; and (III) assumed all liability, responsibility and expense for Repairs or corrections or for inability to obtain
financin .
Buyers Initials ( ) ( ) Sellers Initials ) ( )
Copydghtic 1996-2010, CALIFORNIAASSOCIATION OF REALTORSO, INC. 121
VLPA REVISED 4110 (PAGE 6 OF 10) Reviewed by arvuruahr
VACANT LAND PURCHASE AGREEMENT ("A PAGE 6 OF 10) esasykm Vscmk Lots
N 039
Property: vacant '1oGs 1-12. nl�192- m*L Ca>Zaelite at vale 1= OaLtt Oast 14 Date: June 9, 2011
E. CLOSE OF ESCROW: Before Seller or Buyer may cancel this Agreement for failure of the ether parry to dose escrow pursuant to this
Agreement, Seller or Buyer must first give the other a demand to dose escrow (CAR. 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 depoe0e. B 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 instrue9orm 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 S (or ) Days
Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but act* to confirm: (q the Property is maintained pursuant to paragraph 12;
(rot) Repairs have been completed as agreed; and (111) Seller has compiled with Sellers other obligations under this Agreement (CAR 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; (1l)
Brokers) hast 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 (111) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and
evaluation of/for, and risks posed by, environmentally hazardous substances, 8 any, located on or potentially affecting the Property, and pv) 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 pail as follows: (1) for periods after Close Of Escrow, by Buyer; and (11)
for periods prior to Close Of Escrow, by Seller. See CAR.Forn SPT or SBSA for further information. TAX BILLS ISSUED AFTER CLOSE OF
ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER Proration shall be made based on a 30day 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 salad ANY Providers of their own choosing. -
24. MULTIPLE LISTING SERVICWPROPERTY DATA SYSTEM: If Broker is a participant of a Multiple Listing Service ("MLS") or Property Data System
("PDS'7, 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 entitles 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 andAiscrimination Laws.
20. 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. "CAR Form" means the specific form referenced or another comparable forth agreed to by the parties.
C. "Close Of Escrow" means the date the grant dead, or other evidence of transfer of title, is recorded.
D. "Copy' means copy by any means Including photocopy, NCR facsimile and electronic.
E. "Days" mean calendar days. However, after Acceptance, the last Day for performance of any ad 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 speed 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 speed event is scheduled to occur.
H. "Deliver', "Delivered" or "Delivery", regardless of the method used (i.e. messenger, mall, email, fax, otheh), 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 sexton titled
Real Estate Brokers on page 8;
OR (11) if checked, ❑ per the attached addendum (CAR. Form RDN).
1. "Electronic Copy" or "Electronic Signature" mean, as applicable, an electronic copy or signature complying with California Law. Buyer and
Seger agree that electronic mean will not be used by either party to modiy, or after 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), alteration, replacements, modification 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 (2( )
Bailer's Initlats f ) () 2
Copydght 0109e-2010. CALIFORNIA ASSOCIATION OF REALTORW INC.
VLPA REVISED 4110 (PAGE 7 OF 10)
Revleemd by Date
avasthwrr
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 7 OF 10) Yessayim Vacant Lots
.,K C 4 0
Property: Va rnt iota 1-12, Block 132, Santa r�Ilta at vale Za oainta Matt 11 Data: June 9, 201
S. SCOPE OF BROKER DUTY: Buyer and Seller acknowledge and agree that Brokers: (Q do not decide whet price Buyer should pay or Seller
should accept; (II) do not guarantee the condition of the Properly, flip 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, (vQ shall not
be responsible for identifying location of boundary lines or other Remo affecting tide; (viQ shall not be responsible for verifying square footage,
representations of others or information contained in Inspection reports, MLS or PM advertisements, flyers or other promotional material,
unless otherwise agreed In writing; (vill) 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 ax) shall not be responsible for providing other advice or intdrmation that exceeds
the knowledge, education and experience required to perform real estate licensed act". Buyer and Seller agree to seek legal, tax, Insurance,
tide 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 aonstlarte 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, 68, 14B and D, 15, 16B,.17, 18. 19F, 22. 27, 28A, 29, 33, 35, and paragraph D of the section tided 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 egreement(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 Hollers 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 Holier only. Buyer and Seller will execute additional instructions,
documents and fortes provided by Escrow Holler that are reasonably necessary to close the escrow.
B. A Copy of this Agreement shall be delivered to Escrow Holder within3 business days after Acceptance (or O
). Escrow Holder shall provide seders Statement of Information to Tilde
company when received from Seller. Buyer and Seller authorize Escrow bolder 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 the 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 Holler from any liability resulting from Escrow Holders payment to Broker(s) of compensation pursuant to the
Agreement Escrow Holder shall immediately notify Brokers: (1) if Buyers initial or any additional deposit is not made pursuant to the Agreement,
or is not good at time of deposit with Escrow Holder, or(d) if either Buyer or Seller instruct Escrow Holler 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
Hodder 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 Seller agree that the 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 breech this Agreement Release of
funds will require mutual, Signed release instructions from both Buyer _y/d Seller, judicial decision or arbitration award. , , ,„
Buyers Initials / Seller's InlfialsW!
31. DISPUTE RESOLUTION:
A. MEDIATION: Buyer and Seller agree to mediate any dispute or claim arising between them out of this Agreement, or any udIng transa n,
before resorting to arbitration or court action. Buyer and Seller also agree to mediate any disputes or claims withroker(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 (I) 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 R 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 ( ) Sellers Initials ( ) ( )
Copyright®1996-2010, CALIFORNIAASSOCIATION OF REALTORSS. INC.
VLPA REVISED 4110 (PAGE 8 OF 10) Reviewed by a ereteury
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 8 OF 10) Yeusyian Vacerx toffs
a C.41
Property. Vacant lots 1-12. Block 232, Santa Camelita at Vale as Ouinta Unit 14 Dale: June 9, 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 TRU1L. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS
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 'AR!TT
ARBITRATION:' �►TION OF DISPUTES' PROVISION TO NEUTRAL
Buyers Initials / Seller's Initiakr /
C. ADDITIONAL MEDIATION AND ARBITRATION TERMS:
(1) EXCLUSIONS: The following matters shall be excluded from mediation and arbitration: (1) a judicial or non judicial to losure or other
action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined in Civil Code §2986; (11) an
unlawful detainer action; (111) 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(e)
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. If at bast
one but not all parties initial such paregraph(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 hold 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 wlh 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
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 an4clSr(oledgereceipt of a opy of the offer and agrees to the above confirmation of agency relationships.
Date (P / Date V9.
BUYER r �i1 �l BUYER
cee nr+-��hed si rmat++.vas
(Print name) (Print name)
o n Box 1504, La Quints Ca. 9 =
(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 6 / 0 — // Date / 0
SELLER Mil,Lfi1 // SELLER
Sea attached slonatur page nttached st9m It vane
� ARI name) P n name
E3 Calle Estado La ouinta, CA. 92253
ress)
❑ Additional Signature Addendum attached (C.A.R. Forth ASA).
( / ) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by Buyer or Buyers authorized agent
Initials) on (date) at ❑ AM[] PM. A binding Agreement Is created when
a Copy of Signed Acceptance is personally received by Buyer or Buyers authorized again whather or not confirmed in
this document. Completion of this confirmation Is not legally required in order to create a binding Agreement; It is
yp2lleelyyintended to evidence the date that Confirmation of Acceptance has occur)rwed�
Buyers Initials (� ) ( ) Sellers Initials (" ) ( )
CopyngM®199rs2010, CALIFORNIAASSOCIATION OF REALTORSO. INC. Reviewed b/ Data
VLPA REVISED 4/10 (PAGE 9 OF 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 9 OF 10) Yessayian Vware Lots
p 042
Property: Vacant lots 1-12, Block 132, Santa Canaellta at Vale La Quints trait 14 Date: JUae 9, 2011
REAL ESTATE BROKERS:
A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller.
S. Agency relationships are confirmed as stated In paragraph Z
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: (1) 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(11) E3 (if checked) the amount specified in a separate written agreement (CAR. Form
CBC) between Listing Broker and Cooperating Broker. Declaration of License and Tax (CAR. Form OLT) may be used to document that tax reporting
will be required or that an exemption exists.
Rga4(state Broke ) La Quints Palms Realty ORE Lro. #
B `; (A ORE L ic, # sAam Date 06109 2011
Address 510011 Eisenh ,rer Dr. - City La Quints State CA, Zip 92253
Telephone 60 564-4 4 Fax 1760)564-0344 E-mail lacuintaoalmeRdc. n. cunt
slats Broker ('tin rm) Za Ouinta PalReal tv ORE Uc. # '
BY ma B=ce Cathcart DRE Ua # SANE Date oyo9 2011
Address 53001 Eisenh wet Dr. City La Quintn State CA, Zip 92253
Telephone 0)564-4104 Fax f760)56d-03da E-mail laorintanalma#dc. rr. cunt
ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked,13a deposit in the amount of $ ),
counter offers) numbered [3$ellers Statement of Information and [3 Other
, and agrees to ad 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,❑ Insurenoe,0 Real Estate. License #
PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date).
Broker or 0esi nee laicals
REJECTION OF OFFER: (_ )(_ ) No counter offer is being made. This offer was rejected by Seller on (date).
Sellers Initials
®i Published and Distributed by
• REAL ESTATE BUSINESS SERVICES, INC.
e subsidiary ofthe CALIFORNIA ASSOCIATION OF REALTORS*
• 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date rw�onum
VIPAREVISED 4110 (PAGE 10 of 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 10) Yessayim Vacant
.,It 043
Property Address: Vacant Lots 1-12 Block 132 Santa Carmelite at Vale La Quints, 14
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 fast written above.
SELLERS: 'Roxie Yessayian Trust
rywA .,
Meron B. Yessavia12. Succosor Trustee
Lvorme Yessayian, u essor ruStee
ATTEST:
e
Agency Secre y
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Agency. Counsel -
BUYER:
La Quinta Redevelopment Agency, a public
body, corporate and politic
B2�
Thomas P. Genovese, Executive Director
[end of sigoaturea]
267101561040046
1159UI.01 WOW
a C44
T."df 4 4 a"
COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Adoption of a Resolution That Approves
a Purchase and Sale Agreement with Donald and
Julie Parker, Makes Findinqs Pursuant to Health and
Safety Code Section 33445, and Approves the
Expenditure of Funds to Acquire Land Identified as
APNs: 773-077-013 and 773-101-013
AGENDA CATEGORY:
BUSINESS SESSION: _C
CONSENT CALENDAR:
STUDY SESSiUN:
PUBLIC HEARING:
Adopt a Resolution of the City Council that Approves a Purchase and Sale Agreement
between the La Quinta Redevelopment Agency and Donald and Julie Parker, that finds
that the acquisition of this property conforms with the requirements of Health and
Safety Code Section 33445, approves an Agency expenditure of $1,457,129, and
authorizes the City Manager to execute the acceptance of the grant deeds and execute
any other necessary documentation.
FISCAL IMPLICATIONS:
The Redevelopment Agency will fund up to $1,457,129 to purchase this property; the
expenses are comprised of the purchase cost of. $1,447,129 and up to $10,000 of
customary closing costs. This acquisition will not require the expenditure of City
funds.
BACKGROUND AND OVERVIEW:
The Redevelopment Agency Board has directed staff to pursue the purchase of various
properties in the Village to facilitate off-street parking opportunities, the expansion of
recreation opportunities, public facilities, or the development of affordable housing. In
May 2011, the Agency Board directed staff to submit property purchase offers to
Donald and Julia Parker ("Parkers"). The Parkers own two properties east of La Quinta
Park. One property is 32,234 square feet in size and is located at the northwest
corner of Avenida Montezuma and Avenida Navarro, adjacent to the property the
Agency purchased from the Ostrowsky Estate in 2007. The second property is
16,117 square feet in size and is located at the southwest corner of Avenida
Montezuma and Avenida Navarro. Both properties are vacant.
a 045
Per the Purchase and Sale Agreement (Attachment 1), the City of La Quinta would
purchase this property for a cost of $1,447,129 or $29.93 per square foot per square
foot of land area, plus customary closing costs. The Redevelopment Agency will be
funding the acquisition and customary closing costs. The rational for purchasing this
property is to preserve vacant land for future affordable housing development, or given
this property's location immediately north of La Quinta Park, for possible public parking
or recreation uses.
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
makes findings that support this expenditure, and if the City Council consents to
having the Agency expend these funds. The acquisition of this property will eliminate
blight in Project Area No. 1 by facilitating the expansion of recreation uses, or by
providing additional off-street parking opportunities, or facilitating the development of
affordable housing.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a Resolution of the City Council that Approves a Purchase and Sale
Agreement between the La Quinta Redevelopment Agency and Donald and Julie
Parker, that finds that the acquisition of this property conforms with the
requirements of Health and Safety Code Section 33445, approves an Agency
expenditure of $1,457,129, and authorizes the City Manager to execute the
acceptance of the grant deeds and execute any other necessary documentation;
or
2. Do not adopt a Resolution of the City Council approving the Purchase and Sale
Agreements; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development Project Manager
pr ved for subTis ' by:
////
Thomas P. Genovese, City Manager
Attachment: 1. Purchase and Sale Agreement (will be provided prior to the
City Council Meeting) a 046
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CONSENTING TO THE USE OF
REDEVELOPMENT AGENCY FUNDING FOR, AND
APPROVING A PURCHASE AND SALE AGREEMENT
WITH DONALD PARKER AND JULIE PARKER 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 has negotiated a Purchase and Sale Agreement
with Donald Parker and Julie Parker, for real property identified as Assessor Parcel
Nos. 773-077-013, 773-101-013 (collectively, "Property") for off-street parking
opportunities, the expansion of recreation opportunities, public facilities or the
development of affordable housing (collectively, the "Infrastructure
Improvements"), to facilitate access to the Village; and
WHEREAS, the Property is located within the Project Area; and
WHEREAS, the Agreement would provide for the Agency's expenditure of
One Million Four Hundred Forty -Seven Thousand One Hundred Twenty -Nine Dollars
($1,447,129) plus closing costs to acquire the property . located on Avenida
Montezuma; 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 Agreements are in accordance with the Redevelopment Plan
and is of benefit to the Project Area and the City of La Quinta; and
M 047
Resolution No. 2011-
Parker Avenida Montezuma Property
Adopted: June 14, 2011
Page 2
WHEREAS, the Agency's financial contribution pursuant to the Agreements
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 acquisition the Property pursuant to the Agreement 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 will 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 purchase of the Property or the
Infrastructure Improvements is available, 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 Property and Infrastructure Improvements
is to use Agency funding; (iii) without Agency funding, the Property could
not be acquired and the Infrastructure Improvements would not be
completed, all to the detriment of the Project Area.
C. The acquisition of the Property and the future installation of 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 Property 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.
" 048
Resolution No. 2011-
Parker Avenida Montezuma Property
Adopted: June 14, 2011
Page 3
SECTION 4. The Agreement is hereby approved. The City Council hereby
consents to the use of Agency funding to acquire the subject Property.
SECTION 5. The City Council directs its City Manager to (i) sign such
documents that require the City's signature in order to effectuate the City's
acquisition of the Property, and (ii) take such other and further actions as may be
necessary and proper to carry out the terms of the Agreement.
SECTION 6. The City Manager is authorized to accept the conveyances of
the Property, and to take such other actions and execute such other documents as
may be necessary to implement and affect this Resolution on behalf of the City.
PASSED, APPROVED and ADOPTED at a special meeting of the La Quinta
City Council held on this 14th day of June, 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
VERONICA J. MONTECINO, CMC, CITY CLERK
City of La Quinta
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La Quinta
,a C49
c&'�p 4 4 Q"
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager
9A
DATE: June 13, 2011 /
SUBJECT: Adoption of a Resolution that Approves a Purchase and Sale
Agreement with Donald and Julie Parker, Makes Findings Pursuant to
Health and Safety Code Section 33445, and Appropriates Funds to
Acquire Land Identified as APNs: 773-077-013 and 773-101-013
Attachment 1 — Owner Participation Agreement will be provided prior to the City
Council meeting.
.." 050
c6M,.uz cs
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
The Honorable Chair and Members of the Redevelopment Agency
FROM: Thomas P. Genovese, City Manager
DATE: June 14, 2011
SUBJECT: Item No. 5 to City Council Agenda Special Meeting June 14, 2011
Item No. 3 to RDA Agenda Special Meeting June 14, 2011
Adoption of a Resolution that Approves a Purchase and Sale
Agreement with Donald and Julie Parker, Makes Findings Pursuant to
Health and Safety Code Section 33445, and Appropriates Funds to
Acquire Land Identified as APNs: 773-077-013 and 773-101-013
Attachment 1 — Purchase and Sale Agreement to staff report identified above.
'" C51
06/10/2011 14:26 7665940344
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B, THE RFJLL PROPERTY
2.
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repreeadatbn by the grow representing that pdralpel.
sepaaats document (CAR. Form MV. Buyer understam
c0mildor, make offers on or ultimately ecduire be Props
with Oompnting prOpedles of kReroat to this Buyer.
B. CONFIRMATION: The fodowkg agency relafionshaps are
LWe Agent
th0 agOrd of (check oney: p tint SaAer exoluelleU: her
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FbL=E TERMS Buyer represents that funds will be good%
A INITIAL DEPOSIT: Depoa(f ehati be In the amountof . ,
(d) Buyer SW deliver deposit di'etlly, to Escrow Ho
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the agent khrnittlng the after (or to ❑
LA, f)UINTA PALMS
WE AGREEMIENT
INSTRUCTIONS
Foos
PAGE 82/15
date oklm 10, 2011 ,
fryer and Sedan each eclmowlsdge reaetpt of 0 Cleclosure Of the poaabAl(y at multiple
de disclosure may be pad of a Rating agreement, buyer representation agreement or
that BROW representing Beyer may RICO represent Other potential buyers, who may
. Seller understands That Broker representing Solar may also represent Other swore
aaby confirmed for this transaction:
rota Palma Realty (Print Firm Name) Is
bosh the Buyer ead Bailor.
U na/ya van I. (Pant Firm Name) (g not the
tie Buyw ex AROA r Or t3 gee Wilor exclushtely, ere both the Beyer and Seder.
an Buyer and Seder.
......... .............5_. $1000.00
er by personal check, ®ele0tronlo funds transfer,
within 2 buWness4ays after acceptance (or ,
), made PaNg
rho deposit shad be held unceahed unN
Acceptance and ttren deposbd with Escrow Holder (
(] IOo Broksya trust ecoourW w$Aln 3 lxmlineas days
off rAooRitence lot Other
).
B. INCREASED AEP081T: Buyer shad deposit with Esarc
x Holder an imeressad deposit In the amount of ..... S
within Dreta After Acceptance, crQ
Q LOAN(S)
(1) FIRST This Innwillbe conventional fiIn the mount of nancing at, if o
ckW, FHA, VA, Seller (CA.R. Form SFA), e
❑ assumed finandatg (CAR Form PAA), ❑ Other
, This loan SW be at a
fared note net to w=W %Or, C
an ad(ustsble rate loan with Initial rate not to exceed
%. Regardless of the type of loan, Buy
er stair pay points not to exceed %
of the ban amount
(2) Q SECOND LOAN In the amount of ............
............................... ................S
This ban udd be conventional financing or, If check
(CAA Form FAA): p Other I
, 0 Seller (CAR. Form SFA), [j assumed financing
. This loan shall be at a }prod rats not to 0xoeed
%or, 13 an adlustabte tale boo
with i lllal rate not to erbsed 56
Regardless O the type of loan. Byer shad pay, poirue
nut to exceed . %orthe loan amount.
D. AODITIONAL FWANCUM TERMS:
S
r in the arnount of ................ ........ ..... $ I.442.129.00
E. BALANCE OF PURCHASE PRICE OR DOWN PAYmett
to he deposited wbUs~ Holder within suffldenttime
F. PURCHASE TOTAL):....... .....�.......
close escrow.
' 1 447 29. 00
....... �............. �.... T
Buyers Initiels {) ( )
Sallee
Sadere Inidals ( ) ( )
The wey'g caw d e edhoa SWm Rlu. sr ua. Crari rxow tlu,a61alarmra
nPml,dlen dwu few: her aryr Pembn ewer. eq txaPo W nWhft WON armor,
weae, =610 rnr+hMb > Cw Wit ae kmeb, oerxras 0 1ea31d1a
GWPQRW 04000100N OF RF.ALTORDS, INC. ALL ROM RESERWO.
- ,�
mmww,tr,trwwww,,
ge,dagad her Dab e,unwri
VLPA ROMEO 4N0(PAGE I OF 10) VACANT LAND PUR
NiAN AGREEMENT f"A PAGE 1 OF 10)
Agsnk Bruce Cathcart photys:TeO.tlsar5104
Fax: 760.aed.0344 Prepared wing 7ipFonn0vQ0ware
8ralcer- La tbdnta Palms Real F.6tat Co 51-004 Eloenhtrvrer
Nva La quint , CA 92253
91/Z0 39Gd S39IN&BIN3 VM3ddIH0 69ZL906818 80:LT TIOZ/E1/90
06/10/2011 14:26 7505640344 LA OUINTA PALMS PAGE 03/15
Vacva?SDla .7s �''�'r(�L ZOCe sa.9'a aYz9 Ia Ole/oa pa 1aPfOpettryc
pursuant to3 i(�reha4 whhln
G• VERIFICATION OF DOWN pAYSAENT AND CLASNNC CD$Y$: euyar (of 8hsa0e know or lean brokerr puweue
7 or�catlan egsdted J DO" After Acceptance. DOOM 10 SOON written W111081104 of Boyers down MAdId and dosing cods. (If chedued,
N. LAAN 7ERp1S:
(1) LOAN APPLICATIONS: Within 7(or❑ ) Days Afw Acceptance, Bpysr shall Dollar to Solar a lager from tender or
IGM WOW NEW
is p
loam spadfledd In 3C #H11. based an
above. (it rnadwd t3ka w atiadrewg0en application ana credit rafxMk buyer 'BgrlaAAed or proapPm'ad for anNEW
dj
fA LOAN CONTINGENCY, Buyer shall ad ®Ngar ityand in goad faith c obtain the destpnated loen(a). Obfalalag the Ioan(s) specific! abase to
a contingency of this Agreement unless. olnenukle agreed In writing. Boyers contractual abilgatkya to oil*and provide ectied, balanaa
Of down Payalent and Opetng CD=ara not aAtSngerndcs of thisAgroern, am
(a) LOAN CONTINGENCY REMOVAL•
(q Within IT (or ❑ ) Omit Agar Accepnanos, Buyer shall, as specified In paragraph 19, in writing remora the ban
crxfingentyor WnoalthleAgreament;
OR (9) 9 chedrecp ❑ the loan cmtngency shot remain In affect until the designated mane arc funxlod,
(4) 0 NO LOAN CONTINGENCY (If chackadk Obtaining any ban wodflad above to NOT a ed,gngerwy cf thla Agreement. If Buyer does not
abtaitr fiwe loan and es a mesdt Brger does rctpurohaae dra Pnopantl. solar may lw enetlad fa Buyers cloW or other too romadlam
L APPRAISAL CONTMMCYAND REMOVAL: This Agmemontie(OR. ifdhadted, ® k NOT) contingent upon a wash appraisal of the
Property by a flownwa or cormad appraiser at no Ina$ than the epedfled pWtluLxe pike. I there b a loan oonongancy, Buyere remoml at the
loan contingency shag be deamad removal of thm appraisal contingency (or, ❑ If 04001 d, Buyer shag, as spWf d In paragraph tGeM, in
writing rwnove the appralsal ocntingamy orcancal thk Agreement within17 (or )a � . ) Days After Acceptance). V two is no ban
contingency, Beyer shag, as specified In paragaph 198(3), In wiling remove the appraisal contingency or rental this Agreement within 17 (or
❑ ) Wye ANerAccopNxnre.
J. ®ALL CASH OFFER Qfeheda,* Buyer eha0, within 7(or(3 ) Days After Acceptance, DatWar to Sapar Milan vaftvilon of
wfficiont funds to dose this transaction. (H dpadtad ❑ verlbatioa attached.)
K. BUYER STATED FINANCING: Sawn has relbd an Buyers mpmordagon of the type of Snancing specified gndudlng bid not li n died to, as
applicable, amount of down paymanL conUngent or non contingent ban, or W cawhl). If Buyer such aaomete financing, (p Sutler has no
ObIbldbo to cooperate with Buyers eflaft to obtain such financing, and (10 Buyer shag abo pursue the goandrg method specWod In this
Agreement Buyers failure to 0e0" attends financing does not emov" Buyer from the obllgallan to purchase the Property and close escrow
aS speegbd In this AgreameaL
L. SMJJM FINANCING: rho following tames tar [1(it checked) the terms specified In tha attached Seller Financing Addendum (CAR. Form
SFA) aptly ONLY to financing extended by Salle under this Agreernant.
(1) BUYER'S CREDITWORTHINESS: Buyer authorizes Sager orWar BrOars to obtaby at Buyers expanse, a copy of Buyers credit report.
Wlthhx 7 (or ❑ ) Days AfterAcceptanoe. Buyer shale provide any supporting doumaniatlon moonobly requested by Seger.
(1) TERMSt Buyers promissory note, deed of tmt and other documents as appropriate shag (ncoMorat9 end lmpldtatthe following additional
taro: to the maximum Interest no spooled! In Panhimph 30 shall be the actual fbad Interest rate for Saw financing: Qi) dead of trustshall
contain a REQUEST FOR NOTICE OF DEFAULT an aeniar bans: gip Buyer shag oba and par for a REQUEST FOR NOTICE OF
DEWNQUENCY prior to Clow Of Escrow and at any fugue One N requested by Solar. Qvj note and deed of bust shag conrain an
80*emticn clause making the ben due, when penYAW by low and at Sellars option, upon the sale or transfer of the Property or any
Interest In It:IV) rote shag contain a bibs charge of 6%of the InatahraW due (Or❑ ) If the Instakmant Is nth moswarahin
10 days of the dabs due; (W) title lisuve as coverage In the form of a Joint protection policy shall be Provided Insuring Shclsre deed or lust
Intareat lathe Property (any Increased coat Over owreors policy shall be pail by Buya4; and (WS tax earwoaahall be Obtained and paid forby
St(yerm notify Sager N property axws hew not boon pakL
(3) ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or subanmgon of any parsca or aft under this Agreement or to
title Mild to Close Of Escrow shag require selkMs ~ coneant, Bailer may grant or withhold consent in Sollars able discretion, Any
additional or sube6bned person or antly shad, If requested by Seller, submg to Seger the same documentdan as required for the original
named Buyer. Seller o0or Brokers may obtain a credit report, at Buyers even6e, an any such )arson crendly.
M. ASSUMED OR "SUBJECT TO" FINAMONP. Seiler represents that Seller Is not doWAU nt on any paymenta due on any loans. Seiler shah,
within the (Ire specified In paragraph 19, provide Copbis of an applicable notes and deeds of !roar, loan balances and curtent IMareet (alas to
INW, Buyer shad than, as speaTret in paragraph 196(3), remove this cmftancy or cancel (fib A4memem. Differences between ,esthnated
and actual loan balances dwell he sd)ustld at Close Of Eaaaw by cash down paymont. Impound accounts, If any, shall be asaignad and charged
to Buyer and credited to Seller. Soler la advised that Buyers asaummtmx of an exiadng loan may not release Soler from labift on mat ban. N
this is an assumption of a VA Loan, the aria Is contingent upon Sheeler being provided it release of llabgity, and substitution of adglbRy, unless
otherwise agreed In writing. If the Property 16 acquired subject to an existing ban, Buyer and Seller are advised to consult vim legal counsel
regarding the ability of an existing lender to pal the ban due, and the amsequences thereof.
ALLOCATION OF COSTS (if tetrad): (Wens otheralse aDedled In writing, this paragraph only datemdnes who is to pay for the Inspection, teat or
service ('Report) mentioned; itdo" not determine who to to pay for any week recommended oridantlRed In the Report
A. INSPECTIONS AND REPORTS:
(1) ❑ Buyer ❑ Seger shag pay to have existing septic or privets sewage disposd system, gam, Impeded
(2) (] Buyer ❑ fitter shall pay for costs of testing to dstam ine the sdtatdlfy of sou for sewage dwpOsai
(3) (a &yaf ❑ 8*11or shag pay to Neva andetiag walla, deny, tested (of wafer potability and PlaductiNfly
Buyers Initials (v— )1( ) Sugars Initials
Copydglnahl6a%201n,CAlFORNNASSOCl4TlONOFRaALTORMU4r— cam ad aY
VLPA REVISED 4MO (PACE 2 OF 10) Dab
VACANT LAND PURCHASE AOREEMENT ("A PAGE 2 OF to) Perk" Vacant
.,R C.53
9t/E0 39tid S3SIilddal,13 VM3ddIHO EGZL9068I8 80:LI TIOZ/61/90
06/10/2011 14:26' 7685548244 LA (IUINTA PALMS PAGE 04/15
Tacsnt Sots .1f Maas WZ Sa yaks Y 2 3 eedwo Lalt 14
Properly: �g _e>;�...� �•ir :_ ZeteY ] Ira( iM' }QH3k 1y93m OSa/eaa f
iI sib/a81 Data: Jmr Y0. P�e3=Y
(4) 0 9Wef 0 Seikrshas pay to hew Property comers IdenfMed
(al 17 Buyer ❑ Seller -hap pay far a Basra! hazard mire disclosure report proica by
(6) O Buyer 0 tt, 11 i aI i PW feu t s following sspo4lon6
ram
17) (,7 Buyer 0 Seller $hall pay far the talowhtp Inspection or repad
B. ESCROWANDTI LE
(1) ® Buyer M Seller shagpey ealsew fee is h ... ee . eh.4,. f•
Esaraw Holderahall bib 2waxsAfgwe a err
(2) 13 Buyer f1 Seller shall paytor comers We Insurance policy aPeetifetl Irl parAgnaptt {rfi
Owrnrstalopo�yeatolest"by.1d..4 • ikr.�a
C. OT(Buyer shall pay forany LV* Insumfm poficy kawhg BL"ral
HERCOSTB: wrWer, I011688 Otherwise agreed Inwilting,)
(1) 11 Buyer ® tiellershag pay Coumy rawer tax or bonsirfaa
(2) O Buyer q Satbrahato pay dry tmketbrtax orbanamr fee
(�l 0 Buyer Q 3MleraheM pay flomwwmero' Assaeutbn ('HOA 9 tran5ferfees
(4) q Buyer 0 SHIN' chap pay HOA dociment propamtbrt fees
(Ill 0 Buyer O Seiner shop pay for
(01 ❑ 84W 0 Bazar apart pay for
s. POSSESSION AND KEYS: Possession "be delivered to Buyer at 1pM Of®AM [2 Pm, ion the date of Costs Of Eaaow;
ot r ' er(;1 ro NaOer than Dave Nor Of Escrow. The Property shall ba unoccupled, unless
otherwise agreed In venting. Sager chap provide keys andror means to operate all Propery looks. If Property is located In a carman WANall
subdMsicn. Bca'ar may be required to pay a deposer to the Homeown iry Association ("HOAy to obodn treys to accessible HOA facilities.
C aTAT11MGr MnM wnun�� •u� �.. ��.. �. .�
A. NATURAL AND ENVIROMPRAITAL HA;ARCS: Seller soma. within the time specified In paragraph 19, daltvx to Buyer It required by Law. (I)
eto guldoo (nunrlquestionnaire)
Area; Vary Hips Foe Hazard Zone: Bb*OW; (11) &� dine Property is located In a Special Flood Hazard Ar&K
and 1 Potential Floadino n any under zanre as 4 ROSPorreDlgy Area: Earthquake Fart Zone; Seismic Hazard Zonq
tt) required by Low arse provide any other Information required for those apnea.
B. WITHHOLDING TAXES: Within the Sm0 specified in paragraph trap b avoid rowliod withhodirg. Seger shell Delhw to Buyer err qualified
akDatiuta, an oitduwa sufficient to comply with federal (FIRPTA) and California wllhhoktlng Law (CA.R. Form AS ofQS).
C. MEOWS LAW DATABASE DISCLOSURE: Naas: Pursuant to Section 290AS Of the Po" Oode, kdunnOtbn about speeMed registered sex
offenders is made avabable to the public via an Internet Web she maintained by the Department a(dusleo at www.maganslaw.QLoay. Dapanding
on an offender's cr ivinal Idslary, this Infeana lon wgl Include either the address at which the aftander resides or the cammruuty of rssldeme and
ZIP Coco in which he ae she residue, (Neither Soler nor erolo ire are requitedto chock this welialts. If BllW wants further information, Broker
recanmenda gnat Buyer obtain IMdrmeton from this webslte during Buyers inspection contingency period. Srobere do not have expertise in this
arcs.
SELLER DOWWATATION AND ADDITIONAL DISCLOSURE:
A Within the time *WflOd In paragraph 19, II'Saller has actual knuMedoe, Seller shag provide to Buyer, In wrair o, the fosowing bilon itiew
(11 LEGAL PROL��NGrkAny lawsub by or against Seger, threatening or affeegng the Properly, inoludirg any lawsuits alleging a detect or
pMy or merman areas, or any known natioee of abatemort or ckatlons filed or Issued against the Property.
(2I ADfBCUL In zi. USEt Whatertira Property Is subject to restrictions for sgdcidturel use Pureuent m the Williamson Act (Government Code
aaermns. see.
(�1 DFEIe RF$TRICTIONS: Any dead reetrktions er obl'gatlons.
() PARM USE' Whetler the Papery b in err atljatanLto en eras with RisM fo Pamir rlghs (CIvA Coda §3as2.5 and §9482b).
((s61) ENDANQERED 8PEGE&: Preaetkos of endangered, i�treptened,'oancldata' apaeiee, wwatlmWa on Ble Progeny.
ENVBOOtpItlENTAL HAZARDS: Any aubstetxes, materials, or prodlKte that rosy bo an environmentei head mWxang, but red fished to.
BabeNoa famgldetMdq radon gas, badbtteed palnL sal err chemical ssrereaaae tanks, end corrtanrtlnated sell orwatar on the prop
(T) COMMOFI
(9) LANDLOCKED, The absence Of legal err physical acWas to the Property.
(9) EASEMENi81ENCRCACHNEEMM: Any ancmarhments, easements or sbwpor madam that may affect the Property.
tog) 9Pd. FILL•.war fll (owepracted orolhwwlae), or abandoned mining operations an the Property.
ti SOIL PROaLEl18: s Among, floodug� drebalge, gmding, or other soft proWema.
EANTHgUAKE DAlAA 6: O�damapeIO"Proparyoranyuftlre *= masfMMf l%e010tquake,rkode,crlandapdes.
ZONINO ISSUES:Any Zoning Wdat.bee,non.uonformig uses, or violations of'aei scle requilown e.
1,1131
4l NEIGHBCRNOOD PROBLEMS: Any neighborhood noise prottemw, or ~ nuisances.
B. RENTAL AND BERVICE AGREEMENTS. Within the Ilms specified in paragraph 19. Seller shall make avallable W Buyer for inspectlon ant
review, tip current 164W. rental aproamonts, sarvlce contracts and other related agresenti 1, laertm. and pamdls pertabling is the opewbA Or
use of this Property.
C. ❑ TENANT ESTOPPEL CERTIFICATES: Of C116*00 Within the tree SPOWed In paragraph Is, Seller ahss delver to Buyer Out estoppel
certflaaMs (CAR Farm TEO) earn~ by Salter or Seller's agam, and sued by tanaras, adarowledgkV (Q that tananW renal or lease
noroacul a am usmcdlted And In full fares and stied (of If rnwilsatl. stating AL each modifications); 09 that nb W or defaults erdak and (IM
ssting the amount orany prepaid rem or security deposit
D. NELL.041009 TAN(: Isis BOND ACT: Within 90 Irma specified In paragraph 19, Seger shorn p) make a good fain eon to obtain a notice hom
seer loml asandas drat levy it ■peclal six assessment On the Property (or. If agaved, sulaotambly equivalent notice). pursuant to Ins,
Meib-Root Com F 0 Ad, and Im)xovement Bond Ad of 1915, and (d) p omptydelvartd Buyenotice obtained,
Buyers bchfais (�rc() - Seller's mUal . )
CMAhtOtaeeaatO,CALFORNIAASSOCUtnONOFRFALTORS441W. a a�
VLPA REVISED 4M0 (PAGE S OF 10) -
VACANT LAND PURCHASE APREEMENT (VLPA PAGE S OF 10) Parka Vacant
91/G0 39Vd S3SRIcI431N3 CM3ddIH O
.. 10 C 5 4
69ZL9068IB 80:L1 TTBL/ET/90
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pmow- Aar _ss .42r. M& IA gar : z,dr e e JU ,k :sa Ira osalong smart{ you 14 Date•,rm. ao, 2011
0. CONDOMWR MIFr MUM UNIT OEVELOPMENT DISCLOSURES:
A SEELLER IfAS: 7 (or p ) Days After Aooagance m dlAdoea to Buyer whether the Propany is a oondomtlturn, or k
located In a planned development tK other cammonMt(aeet stDdwlekn (GAR, Fans VLQ).
B. If the Properly Is a ern do mhWum, or located In a gunned urd davolophtent or other common Idler g aubli vialon. Boor hest (ar
Days AlrarAeoubtarke to request thorn to HOA (CAR. Form ny HOA): M Casks of adeegnmrop,egWod by lean 00 dhoWwa� any pending
or Anticipated dater or I tipelbn by or against the HOA; (go a statement containing the Incident and number of deelgn sled pwilng and storage
sPecea; (M Copies dine meet mould 12 months of HOA minutes for regular end spedal meetings: and (v) the names and Canlad Ir1(omlation of
AD HOAS governing the Properly (ocileetively, "CI Dimdoawedy and (v0 the fagoving N Sdar has aolust Imowkdge: (4 airy material owbots k
the 40114Rkh Of Common area (audt as pools, cantle courts. walkKays or other areas daovmed in undivided interartvalh athet); and (b) paeslbk
Mdc of eanpllenm with IM requirements. Sager shall Alanks and DeRter to Buyer an CI Disdoauea racet ted ham the MA find any Cl
Disdosums lot SOWO possession. Buyeti Approval of CI Dkoleetres he a contingency of this AgmemaM as spedlied in paragraph /413(4
9. SUBSEQUENT DISMOSURBB: in the agars SaNar, prior to Close Of Escrow, bammas aware of adverse Conditions materlolly aftedtq Ire
Property, or any material Inaoountcy, In dedusu ms, Information or representations pmAcsely pmWded to Buyer of which Buyer Is otherwise unswrdhs,
Seiler shall praopdy provide a subsequent or ameruded diedaeum or rrdim. In waiting, Covering those Rams. However, a subsequent or amended
dlsdaa UM Shag not be nuiulmd for Conditions and rraterial Inaccuracies dkdosed In mpob ordOred and paid Mr by Buyer.
10, CNANGE9 DURING ESCROW:
A Prior to Close Of Estmw, Seller may engage In the fallowing ads. ("Proposed Changes'}, subject to Buyer's rights In paragraph is, (1) rent or
lease any pan of the premift"; ill) Nbam moddy or extend any &MAD narwhal or lease agreement. InD enter Into. Sher, ff*M or extend any
service cotrmlis); or(ly) change the status of the Condidan tithe Properly.
B. Al leaet7 (of 13 ) Days pilot to any Proposed Changes, Seller shell give written notice to Buyer of such Proposed Changes
11. ITEMS INCLUDED AND EXCWDEW
A. N(71'E TO BUYER AND SELLER: Rams gtdsd no Included or excluded In the rda s. 0yare or makadno metedals are not Included in like purchase
price or excluded from Ole sale unless specified in 11 B at C.
B. ITEMS INCLUDED IN SAtik:
(1) All EXISTING fsaures and Minds that are attached to the Property;
(2) The following Rams:
(3) Seller represents that all Items Included In the purchase price, Uprises otha wise spedfied, are owned by Seller.
(4) All Roma Included shall be transferred free of gene and udatout Seller warranty.
C. ITEMS EXCLUDED FROM SALE:
12 CONDITION OP PROPERTY: Unless olhewdo agreed: (U the Property la Sold (a) In Bs PRESENT pIySICAI (" ae491 Condition as or Vie data or
Acceptance and (b) "ect to Buyer Jhvoaftatfon rights: M the Propery Is to be maholdned In subatantlally the same condition as of the date of
ActbpWaos and Qll) C3 (If diedmd) All dabdo and personal properly not Included in the sale shall to removed by Sager by Close Of Escrow.
A. SELLER SHALL, within the time sped udl In paragraph 10, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS AFFECTING THE
PROPERTY AND MAKE ALL OTHER DISCLOSURES RFOWREb BY LAW.
B. Boor has the right to Ineped the Prop" arid, as apsodted in paragraph 19% based upon Atknnsdon discovered In those Insped'ons: (p Cancel
this Agmament, or (1) request that Sailer make Repalrs or take other action,
C. Buyer Is stragly advised to conduct dnvaidlgatfona of the a#ue Properly In orderer dstamdne lee Proctors condidon. Sigler may not be
aware of AS detects RHOWng the Property or Other factors that Buyer Considers Important Properly Improvements may not be built
According to cads. In compliance with C AwW Low, or have had peredb Issued.
Ia. BUYERS INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyers Acceptance of the condition of, Ord Any Other matter enacting the Property, Is a Contingency of this Agreement as spedRied In this
paragraph and paragraph 198. Within the SAO apedfied In paragraph 198(1), Buyer shall he" the FICK At Buyefa expense sake% Cthenwlaa
named. to conduct Inspsodorm, knotmWationo, foot, surveys And other studies ("Buyer immatigaOan ). Including. but not limited to, the right to:
(1) Ina mot for toad-0ased paint and other lead -based paint haz%V$: (4) Inspect fat world destroying peep And organimr till) ravlaw the
registered am offender database: (Iv) cw*m the Msum0liy of Buyer And the Property: and (v) I a" Buyer as to any maser specified In the
attached Buyer's Inspection Advisory (CA.R. Parm OW, Withad3allaes Pdar roman Conseet Buyer shall neither peke nor cause to be made: ()
Immslva or destrucdva Buyer Investigations; or (IQ bepadions by any governmental building or zoning inspector or government annplWas, budess
required by Law,
S. Seger Ahab make the Property available for all Buyer Invasdgalfons Buyer "1 (1) as apeciffed in paragraph t90, Complete Buyer Investigations
Arid, either remove the contir>aenoy Or cancel this Agroemenk and (10 give Seller, at no oosL cornpletm Coke of all Investigation reports obtained
by Buyer, which obligation shall surOve the termination of this AgreemOnt
C: Buyer Indemnity and Seller protoothon for Angry upon property: Buyer shalt g) keep the Property free and dour Oi fans; (1i) repair all damage
aching from Buyer Invuel geddns; and (191 indemnly, and hold $OLW hamWess from all resulting liability, d alma, demands, damages and coats at
Buyafe Investigations. Buyer shall carry, Or Buyer Shea mquirs anyone aedeg an B.uyae$ behSR to Carry, pouides of liability, workers'
compensation and other apptaable Insurance, defending and protecting Seger from Wftyfot any triunes to Persons or ptopedy occurring during
any BUW IeVOONations or work done on the Property at Buyer's dirocdon prior to Clow Of Escrow. Seller Is advlead that certain pmpootWlb may
be afforded Seller by recording a 'Notice of NOn-Alaponal bOW (CAR. Farm NNR) for Buyer Investigations and wmk done en the Property at
Buyers direction. Buysea obfgaticns under this paragraph shall survive the tpnNnation or cancellation of thisggreemars and pose Of Escrow.
Buyers Initials cA ) SagAfs INgate 3 ( )
Cap tignia lo"10. UFORNIAA6a0CWn0fl of: RMT0R9% INC. y by oft nr
VLPA REVISED 4110 (PAGE 4 OP 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PApEat)F 10) l'arkae Vacant
u C55
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Date: .mhaa 10, 2a11'
BUYER IS STROMMY ADVISED TO INVEBTTOATE THE CONDITION AND SUITABLLITY OF ALL ASPECTS OF
THE PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABLLITY OF THE PROPPwrv_
NOT VERIFY ANY Or THE ITEOAS IN Nis PARAGRAPH 13, UNLE88'OtAIER1IVISE AGREEb INWRITING.
E. SM LIRE$ ACCP.SS AND BOUNDARM: Lot alma, property urea, bgal or phystdal access and boundaries inch IN fe RITI of the ProPergr
shared In common with ad left roodownate, each as wads, ferries, made real drtvawsyk whose use or responsibility for ma&Itananee may
have an egad on the Property And any aordachmeMs, easements ar srmpar maftora that may affect the property. (Fences, hedges, walla and
other natural or constructed barriers or markets do not necesasAy Us" no propanty boundaries. Propery IQws may be verwo by au
(Unless 0the1Nlse spedled in writbrg, any mnedcW ataterrente by Brokers regarding lot e¢a are APPR=MATIONS ONLY, which have W
been and Nell riot be vorfpad and should not be raped upon by So".)
P. ZDMING AND LAND USE: Past, prevent, or proposed lava, Ordinances, IVISHMdame, bhlOadves, waist, apdicdiona and peer* aRettng the
anent use of Ore Property, future devalopmant, zmft, building, ohs, ponen meal parmis and inspections. Any zwft violation,,
non-404forming Hasa, or vichdons of "setback" requirements. (Buyer should also tnvestlesEo whether these matters aged auyefs Intended use
Of We Property.)
6 UTILITIES AND SERVICES: Availabpity. casts, restriction and location or utilities area servkws, InoWho but not tonged to, awmeraga,
eanitadon, septic and NOW 9rWa. water, slectridty, gas, Waph". cable TV and drainage.
H. ENVIRONMENTAL HAZARDS: Potential onvsontrental h&Mrds, IftakAng,'but not limited to.. asbestos. Mad-hasad paint and ether lead
contamination, radar. methane, other gases, fuel. all or chemical storage tanks, cardamMated aril or water, hazardous waste, waste disposal
at". electromagnetic fields, nuclear saumpe, and other substances, Including mold (ahborme, torda of otherwise), fungus or similar oontamhwr4.
Materials, products or oond(dons.
1. GEOLOGIC CONCMONS: Geologitgsmlamk: contlidon,, moll and terrain sh*idy, suiabliy and dmirtage Incudhhg any slippage. slidino,
goodba drainage, Craft, 6 (Compacted or otherwise), or other sop prahlems.
J. NATURAL HAZARD ZONE: Spada) Flood Hazard Areas, Potential Flooding (Inundation) Areas, Vary High Fire Hazard Zones, State Flea
Reepornsbl ltyAreas, Earpnquake Fault lanes, Seismic NArW Zones, or any other zone for wtdc h d2obsure M required by Law.
t6 PROPERTY DAMAGE: Major damage to 01e Property or any of the stmctursa or nenaWdural systems and Components and arty personal
property included In the sale from fire, aergrquake, Oeods, landslides atmher causes.
L. NERiHDORHOOD, AREA AND PROPERTY CONDITION IL Neighborhood or area ea ciltiona, rnckrding Agricultural Use Restrictions pureuad
to the Williamson Act (Gavammenf Code $$ =-11129M, Flight To Fart laws (CIVO Oods ¢9482.5 and SMA), schools, proxkw and
adequacy of law erdorcemant, crime statistics, the proxknM of registered ideas or ofHmrdare. The protection. other govemmeet services,
avapebllity, adequacy and Coat of any speadVAN id, wlrolese Internet connections or other telecommunications or other teahnalamr sarvicea and
Instapatiem&; prodrilyin commercial, induatrlal or agricuthnal adNOMs, eald ing end Proposed Vempvdauon, conatrueuon and davelopmerd that
may aped nine. view. or tuft. sirpod noise, noise or cdor6om any WuMa, abandoned mining operations on the Property. wild and domestic
animala, other nuisances, harards, or ebmumstanoss, protected species, wetland proparboa4 botanical diseases, htetodo or other govemmenkfally
DroNWd epos or improvements, comaladea. (PoWea and candpwn of common areas of oomman late wst subdivisions, and possible lack or
compliance with any governing documents or Homeowners' Aasociatlon requirements, oandalans and Influences of slgrdOoasos to certain
diltures andforretiaion,, and personal nods, taouiramenla and ae(arences of Buyer.
M. COLWON INTEREST SUBDIVISIONS: OWNER ASSOCIATIONS: Facilities and condition of caravan areas (facilities much as pods, tannin
COUM, walkways, or other am" w4wrred In undMed Inherent with others), O WWW Assodaibn that has arty authority over the subject
Property, OOWIS, or othar dead raaMktione or obligations, and possible WA Of compliance with any OaneW Aamlation requherneats.
N. SPECIAL TAX' Any local agencies that lavy a spacial tax an the Property pursuant to the MdIo4toos Community Fadliitim Act or Improvement
Bond Aet of 016.
O. RENTAL PROPERTY RE8TRICTIONS: acme cities and counties Impose restricllona that limit the amount of rent that can be Charged. In
maximum number of occupants and the MM d a landlord to terminarte a tenancy.
P. MANUFACTURED HOME PLACEMENT: Condition that may Affect the abpityto pace and use a manufactured home on the Property.
14..GELLER DISCLOSURES; ADDENDA: ADVISORIES; OTHER TERMS:
A tiller Disclosures IN chavkedl: Sailer shell. withIn the time soeetied M oaraorseh 1QA. complete and orovida Buyer with a
N.
C.
U1
Buyers Mal& ( )- ( .. ) Seller& inftub > ."v.
Copy*ht 01996-2010. CAUFORNIAAaaDGAT1ON OFRFALTORSW, INC. - ReytgNad by 0&ta ha mr
VLPA REVISED 4110 (PAGE 6 OF 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 6 OF 10) PU&" Vacant Los
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111. TITLV AND VESTOft
X tin ghhl tie dme gPBalted In paragraph 19, RIW shag be pmVidW a aufmDt Pmgminery No report, which shag taclude, a search of the General
Inclak SWW shag within 7 Days Afar ACOWenae, g)ae Esanw Hoklsr a a mpbtlhd smunherht Of Information. The preA *wy report Is 0* up
oRar by the tlto hnhrrer m isarre a ph>Goy W ale Nsurana ad may not aontah ovary its alfeegng kda. &Iysry revise oithe prbllrrN>wy report
and wyafha rnetlam hI may alfodfg6 are a coNingal(y ottblsAgreamtm! one apslited In paragraph 198,
a. TO In takart In No pvaeart condition subject to am onmanbrenme, ease, Covenants. cordElane, mutrioucnv, rights and Other ratters,
whether or racond or net as of the date of Acm{dwosmwPt,' (Q Inanetary co
11"s Of mad Unless Buivill assuming thaw abEne gavi or W tna
I
he Pmparty oubJod to those obggatons; end(lo those matters whim SaAar hire agreed so remove in writing.
C. W*dit the time Specified In paragraph 19, Sager has a duly to dwdae to &prer erg maaero known to Wier affsclg We. vdhethm of mad or
cot
D. At Claw Of Escrow, Buyer shag reahre a gram deed convoying 60 (ar. for stook cooperetivs or lorg4wm base, se assignment of stock
rooragoate or of Wales leoeelwld Inbreaq, Including ad, minaret and rester rights if turn ntly awned by Saner Title shag vest AS doslarehad In
Buyers auppiememal *sawn Instrudlww. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL, AND TAX CONSEQUENCES.
OONSULTAN APPROPRIATE PROFESSIONAL.
E. Buyer shag modsa a standard Coverage owners CLTA policy of this Insurance. An ALTA policy or the addition of endorsements may provide
ghtaatef covarege for Buyer. A title ewrpany, at Buyers requsab can provide infimnaton about the Availability, deetmblity, connogs, seVay
mqukamsf* and coat of "11100 tflb Imwrwroa coverages and enlargements. If Buyer dashes rids omemga other than that required! by ft
Paragraph, Buyer shag Imdruot Edarow Holler In writing and pay ary Inersew In cost.
If. SALE OF BUYS" PROPER-Tri
A This Agmemard Is NOT owtIngsnt upon the sale of any properly owned by Buyer.
OR IL D (If Chadian) The attached 00erdanl (CAR. Form COP) regarding the cotingency for the safe of property owned by Buyer b bcorpOmted
Ingo tlhbAgreenhent. - -
17. Q MANUFAGMRED HONE PURCHASE (t ehedca): The purchase of the Property Is contingent upon Buyer acquiring a persons( property
manufacturedhame to be placed on the Property after pose Of Escrow. BuyerC) has Q has not ontered. Into a contract for the Purchase of a
personal property manufachaed home. Within the time spodged In Paragraph 19, Buyer chaff remove this contingency or cancel this Agteemad,
(DR, I rhwked, [] dgs contingency shag remain in offed until the Clow Of Escrow of the Pmporty).
I& Q CONSTMICRON LOAN FINANCING (Ii OheduiQ! The pumhese of the Properly b Contingent upon Buyer obtaining a construction tan. A draw
from the construction ban 13 WE E3 will not be used to &WO the PMpwW. VRtldn the time specified In paragraph 10, Buyer shag remove this
contingency or mricd this Agreement (or, It checked,o this,aondngency wish remain In oRad urtl Close Of Escrow Of the Pmpedy).
19. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time parlads may Doty be extended, eRered.
modified or changed by mutual witten 29MOMOM Any romoval of Cantrlganclda or cAv ceIboQn under Into Paragraph by afther Buyer or
Seger avast be axerclaW to good faith and in writing (CAR. Form CR or CGj.
A. SELLER HAS: 7 (or ❑ ) Oays After Acceptance to OeEver to Buyer ad Reports, disclosures and Information for whim Sailer
is responsible under paragraphs 3M, 4, to and B, 7, BA, v?A i4A and el. end 15. Buyer coy give Seller a Nollos w SAW to Penorm (CA.R
Foal NSP) If Saba has not NINo al the items within the Noe WOMed.
B. (1) BUYF3t HAS: 17 (or j3 ) Date Ater Acceptance, unless otharwdue agreed in waging, to complete all Buyer laveNglationa;
approve off dlsciosums, reports and other apgko* Inforrmation, which Buyer receives flan Seger, And approve OR other matters aRading
the Properly (Indudbg lead based point and ioad^baeod paint hazards as wall as other Infomnton spectbd In paragraph t and InsursbAey,
Of Buyer and the Properly).
(2) Within to rims specified In 1ge(t). Buyer may request that Whir Matra repairs or take any other aetlon regorotog this Properly (CAR Form
RR). Sofia has no t>blkgaton to same to of expand to Supeo requests.
(S) %MM the time apedaed 1n is6(1) (or se cinema@ spedrad in this AgmementI, Buyer shall, Deliver to Seller ether (1) a remove( of the
applicable coirtngency (CA.R. Form CR), or (9) a cancellation (CAR Form CC) of this AgAwmant Lased upon a remaining continganoy or
gagers form; to Deliver the specified fleas. However. t any report, disdauro or kdb m ism for which Sager is responsible is not Delivered
witNn the tine specified In IS& then Buyer head (or [] ) Days After 00"y Of ray such tame, or the time specified in
ISWI ), whichever to liar, to Deriver (O Soler a removal of the applicable ambhgency or cancellation of this Agreement
(4) Continuation of Contingency: Evan after the and of the time specified In 198(I) and before, Seger cancels this Agreement a at an,
pursuant to 19C; Buyer retain the right to ether p) In wridng remove mmaldag wm)ngandes. Or (ID com al drta Agrasmem barrel upon a
mmrdning eontlgehey or Bapem fsgure to De1Nar the spadtad gems. Once Buyers WOW removal of all contingencies is Degverad to
Seger, Setla may oat eaneal ids Agreement pursues( t0 dt)C(1).
C. SELLER RIGHT TO CANCEU
(1) Sager right to Camcol; Buyer Gontngendem t, within the time speaiAed in this Agmmmenk. Buyer does not, In co gng. Deliver to Seller a
removal of the applicable contingency or canallston of this Agreement then Belief, afar first Delivering to Buyer a Nader to Buyer to
Perform (CA.R. Form NM may enrol this Agreement In such event Boller shall authorize return d.Buyses deposit.
(2) Seger right to Canal: Buyer Contract ObIlgaton: Saps, after first Delivering to Bayer a NBP may ancof Oft Agreement for any of the
rollowing reasons: (1) I Buyer falh to depoeh funds ea required by 3A Or 3B; (I) If the funds deposited pusuam to 3A or SB am not good
when depoWed; (RD I Buyer fare to Dogw a labor as required by 314; (Iv) If Buyer falls to Ddsrer verification as required by 3e or 3J; of (v)
it Seger tweanably dheapprcv@s of the varifiation provided by SG or 3.1 or one aedlt report or supporting. dowmenisgon pursuant to SM. in
such event, Seller shall aWerize return of Buyers deposit.
(3) Nodes To Buyer To Perform: The NBP shall: (Q be In writing; (0) be signed ty Seller, and INQ give Buyer at least S (or p ) Days
After Delivery (of until the dire speOW In the applcable Paragraph, whb hmw OOCUM Ias6 to tole the sepgOabfe action. A NSP may not be
Delivered any warier ghat 2 Darya Prior to the expiration e f the apPI1 able time for Buyer to mmove a contngeny or cowel trds Agreement
or now an obligation specified In 190(2}
M EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: B Buyer removes, In vault, any aongngency or anmustdon rights, unlasc 0ewrwa6e
specified in a separate wdttan Agreement between Buyer and Sailer, Buyer Shen with regard to that contrgacy or OweoAatlan dghttondusivehl
be deemed to have: (Q completed erg Buyer InveatIgArmha, as( review of reports and Mherappicabe hdamlabort and disclosures; DD elected to
proceed wth th n and (gD assumed oil labeky, mapO SIM1111Y and ofeanae Rapeha rela"fans or for Inability to obtain
noncir!
Buyers tnitiais ( ( ) >>bgers Inpieb 7T I TAT
CgarkrN a 1006-2010. CAUFLORNIAASSCHMArION OF RFIILTORS®, INO. Reviewed by gam
VLPA REVISED 4N0 PPAGE a OF 10) ramervactat
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE S OF 1 O)
..R C57
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Veeant late .70 lanes rs/s to Zeta Z,.2,3,a 4 alit 2331® MM LWt 1/
dIa/day a
Property: bate: Drone 10. sots _
E. CLOSE OF ESCROW: setoa Sager or Buyer may =rxal Sde Agreement for failure of the other party to dose escrow pursuant to this
P- AgreeEFFEment lkirarBuyernN ON 0�S9T&: slivers demand to done eaerow (CAR Form OCE).
lams of this Buyer ce Seller gores written nodes of Qen=lfatfon purauaut (o rights day amrdud under the
Agreement Buyer she Seeatagrse bt Sion mutual Instructions so can" the eels and @straw and rokase daposas, y any, to ire
Party nnttted to she tunics, fees lase and COM InCurroa by tas Part,. Pees and ar✓sse map, be payable to semi® providers and vendors for
adiro m and products prowled duling escrow. Release of funds well requlrw mtMov Signed ralcesa Irrawetore Nam BUyar and SO14r.
)uerrAal declelm or al4rtration Wroad yyy
24. Pilot t VERIFICATION losEaaow. NOT A CNOrdl'WGE� OFF THK two* goSALLE trig make
confirm: ��Orepropertyyi mNrty ntt within
Psumuan�ffl—) 192
(U) Repahe have beat cmnplatod all agreed; and(H) Seger no Compiled with Gabes other obligations wftrthis Agreement (CAR. FORM Vh.
21. ENVIRONMENTAL HAZARD CONSULTATION: Buyer end Seller 401ucowledge: (9 Federtd, state, and WAI legklegon Impose goicttlr upon Oxistrg
and former owners and users erf real property, Is OPEC" olhadbna, far oedam WilldstWety defined, environmentally h ctsign ig substances; (10
Brdar(s) hadhave made so 00pre6er cwaerrike the applicability of any such taw to thin transaction or to Buyer or to Sager, esaept as
otherwise, Indicated In this Agreement (el) Omkar(s) hasfiays made no r6prseemati0rr concami g the aidstenne, fig. ISOMI ry, location and
evakadon =Tor, and links posed by. errvlranrneMalfy bavaMoue eubetaeces, N any, located on or potentially affecting the Pwporly;and JM Buyer
and S91ker am each advised to consult with technical and Wed e:pab =coming the evidence, feeling, dlemvary. Iebatem end evaluation allfer,
and risks Posed by, erwbcnmemsgy hazardous subsfanoo@, ferny, located on or potentially afiactng ft Poepory.
21 PRORATMUR OF PROPERTY TAXES AND OTHER ITEMS: Unless otfrerwiea agreed in wrung. the btiowbg Items "I to PAID CURRENT and
Proreted between Buyer and Seller ere Of Close Of Eactuw. red Property, law and saaseesmtwna, Inareyt, rants, HOA raga" special, are
emergency dues and easomments irrpound Prior to Close Of Escrow, Premiums on Insurer= eetbrrwd by Buyer, Payments on bonds and
e59eeern" aseumad by Buyer, and pWm nts on klolbii0m and other Special Assmsrnsnt Disttld bands and assessments trat are a current
fien. The Gagowing twmv @hat be aceumud by Buys WGIHGuT CREDIT tewaN the purchase PrICe: prorated Payment on Malb. o and other
Special Assmamem District fronds and as3surnams s el HOA @pedal assessntenM that am a current Ilan but not yet due. The Property will be
reassessed upon change of ownership. Any supplemental tax Ilk shag be paid ail follows: g) fir periods star Close Of Escrow, by Buyer; and DU
for WOO Prior to Obse Of Escrow, by Softer. Sea CA.R.Fomn SPT or SSSA for anther IrWmWeon. TAX PALS ISSUED AFTER CASE OF
ESCROW SHALL EE HANDLED DIRECTLY BEIWBEN BUYER AND SELLER. Proration* shay be madabaeed on a 30day marsh.
23L SELECTION OF SERVICE PROVIDERS: Brokers 40 not 0esrantee the podbe mattca of any verhtlare, service or Product providers ("Proirlders'),
wMater referred by Broker erseloated by Buyer, Seller or other person. Buyer and Seller may select ANY Prowlers of their arm choosing.
20L MULTIPLE LISTING SERVIOEIPROPERTY DATA SYSTEM: N Baker Is a participant of a Multiple Listing SOMce rMLb'' or Properly Data System
("PDS7, Broker Is s it arbad to report to the ULS or PDS a pending sale and, upon Close Of Escrow, the votes price and other team of this
trensaWon shall be produced to the MLS to be published and disseminated to Persona and emcees authortned tD use the infonndlon an terms
appeared by the MLS or ADS.
26, EOUAL HOUSING OPPORTUNITY: The Property Is cold In comisisnce with federal, date and local anfi-0hallinafion Lava.
29. ATTORNEY FEES: la any action, Proceeding, or s ublystion between Buyer and Saner aroing out of this Agreemam..the prlvalang Buyer or Seller
shell be er4ltled to reasonable httomeyfess and mats from the non-prevagina Buys at Slier, except so proYkLOtl M Paragraph 31A
27. DEFINITIONS: As used In tilt Agreement
A. "Acceptance" means the tirrre the offer or goal counter offer Is a&Apted In writing by a party * W Is delivered to mid personally remhred by the
other party or that pettyb autboAmd agent In a000Nance with me tams of this offer or a final counteroffer.
B. "C.AJL Form" deans to specific farm retetaneed or another comparable form agreed to by the parries.
C. '00" Or Faetrmee masce the dote the gram dead, a other evidence of transfer of etb. Ls recorded.
O. "Copy" means copy by any means Including photocopy, NCR, facalmlls and electrode.
E. "Days" -means =landar days. Howwor, after Accepta co. the lest Day for performance of any ad required by this Ageement ('including Close
Of Eterowr) shall not Include arty SaWrtLy. Sunday, or legal holiday and shelf Instead be the rand Day.
F. "Days After" means the specified number of calendar days after the oo arrence of the avant specied, not coun ling the calendar dale on which
the specified avant ocaars, and ending at 11:59 PM on the final day.
G. "Days Prlo" mean& fhe specified number of calendar days before tho occurrence of de event specified, not counting the calarder data an
which the spaelled event is scheduled to mew.
H. "Deavae, volivenew or"Dedvety", rogodiala of the method used (la. messenger, mat, amall, fax, other), means and shelf be affective upon
0) personal recelpt by Buyer or Seller or the individual Real Estate Licensee for that pdnoipal as specified In paragraph D of the sectio0 tided
Real Estate Brokers on page 8,,
OR g)h ff shad ed, ❑ parthe oftvichad addendum (C.A.R. Forro RDNj
1. "Electrode Copy' or "Eladvonlc Signature" means, as applicable, an electronic copy or algaature eomming with California Law. Buyer and
Seller agree that ahoWodo read a vml not be used by ether party to malty or after the mntertt or Integrily of this AgMitment wtthaut the
knowledge and consent of the otherporty.
J. 'LvW' means any law, code, stekde, ordinance, regulatbhL n4e or order, which Is adopted by a controlling city, county. Mate or federal
Ieglslayhe,JudlEal orenacutbe body oragency.
M "Repalli maera any repairs (Indudirgl past 0ontrog, durations, replao&nents, modMlcedone or retrofitting of tse Properly provided for under
this Agreement
t. "Signed" means either a handwritten or aleemic signature on an original document Copy ar any counterpart.
28, BROKERS: -
A BROKER COMPENSATION Seger or Buyer, or botn, ere applicable, agrees to pay compensation to Broker as specified! in a separate written
agreement between Broker end that Salfer or Buyer. Compensation Is payable upon Close Of Escrow, or If eamm does not done, as otherwise
specified in the agreement between Bmkw and that Salter u Buyer.
Buyers Initials (� ) Shcats Inlfiels .. 7�'!_._)
Corhridx0laee-aatO,CAt1FORNAAS&OCIA190NOFRFALTORaO.:NC. a weii � - Otis s
VLPA REVISED 4r10 (PAGE T OF 16)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE T OF 10) Padmr Va m
w C5a
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veosOt lots .74 Arias sr/a to rare 3, s,9,c a alt lea to 0ta/oaa acalwa tAait: Lf
aq: /r l Prop7 Amos a - .�.P_�f a±m} lYa •m orajoss s4gApro in.s- le Date: Jarse 10, Poll
B. SCOPE OF BROKER DM! EArywr and Sella aolruovxedp0 and same that Stakws! (1) m not decide wrist plan B,yw shook! pay or gouer
shoud nocept• M do !lot guarem" the condition Of the Propedy: dap 40 dot gusardea the WWMncs, adaquady or complsiBiHes of
Fs9padl0na.6BrYloM, pYOduds ar napalm provided w nmda by Sdbt ar atheas tla) ahaa Pot be taePhnuo3ie ran NentdlOg de[aata that are nol
knorm te Brokega): M shot hat m meponsPob for hbpeding puhao records a parmps opowrntng the tltte ar n16e oltlhe ProPerpr, tvp ehd end
be r�or�hla fee itlentatrkp ocatlOn Of boundary Gras a asthec t9nna affedlg iIM; iw4 shall tub fxi msPonsmts for areMyfrg Wumre fcolage,
old= lvdae aWead N hhmtaaPe aonOdured In bepecson mperte, fIL$ a PPS, stlwerraenrwute, flyers ar doer proandbnal matelw,
Into by Buyer w Sara! in tiro mures�W Mropa�aon�t@ner�ist ) e1mn� � r�esddarOiraPo�ia brmoud�arn ot�he�aayevl�oa�ormwiman�[�a, P
education and
Was to Seek legal. tax. Insurance.
29. JOIMTESCPOM INSTRUC7KM TO g$MoW HOLDER:
A. 710 bRONWO paneraphs, cr applbabiepartlorre thereof, d tlfaa Agronnisd Oormtl u" finsJoildescrow Instructions of Buysranl "for
to Escrow Holder, which Escrow Harder is to use along wife arty earned counter offers and addenda, and angr additional mutual insfmtxisns to
does fie farrow.1.3, e. SB. 14B and D, 13, i80. 17. 10, 1917, 22, 27, 2K A 33. 39, and paragraph D of the section fated Real Estate Brokers
on page 10L If a copy of Usefulness compansatlon agreemmrit(s) pmtdded for In pamamph 28A, or par mph O cithe s*dontiUbd Re/ Estate
Smkeraonpap 10 le4epostedwithEacmHokbrbyBroker,EecwfbWspasacoW*uchagmamew(a)audpayCutatBuyaMsorSeller's
funds, or both, as applicable, the rewpodMre Banker's compensation pruvlded for In such agreamrtt(s). The tents and conditions of this
Aanlemant net sp W:Ac*Uy referenced above In gm specified paragraphs are additional mallam for the Inavmeeon of Dom Holder, but about
whlah Escrow Ho ter need not be eamsmaad. Buyer and Saber will relaters aw" Hoboes general Puovlslons directly ham Escrow Holler and
will mmartu such previsions upon Escrow Hoboes request. To the waem the ga ew woviubm+ are Inconsistent or oonc htwith this AgraemeM.
the general eroviebas will control as to the duties and cbtpadons of Esanw }folder only. Buyer and Seder will execute additional IaadnnBarA
documents fund lomne provided by Escrow! Holder that am res ewahy muc aeaaryto dose the escrow.
a. A Oopy of Ids Agreement shall be delvee.d to Escrow Holderwbrdn3 buskmeadays afterAw4ptance (or O
), Escrow Holder shall provide Sellers Statement of lydormadon to Thle
company vahan received from Stier. Buyer and Sager authorize Escrow Folder to accept and rely on Copies and Signatures as defined In this
Armament as OdginOke to open escrow and or other purposes of maaw. The vddily of tlea Agreement as between Buyer and Belief is not
alluded by whether orwhen Escrow Holder Signs this Agreement.
C. Brokers am a party to the allows for the sots purpose of oanpensatbn pumunt.te paragraph 29A and paragraph D of fin section tided Real
Estate Brokers on page 10. Buyer and Seller Inevocaby assign b Brokem compensation specified in paragraph Zara respectively, and
Imvorebly Instruct Escrow Holder to dtyeumo those funds to Brokers at Close Of Escrow or Pursued to any other mutually snouted
cancddan eamarmd. Componsdan instructions can be amended or revoked only wrh the written consent of Brdmm. Buyer and Saner shall
release and hold hamdass Escrow Holder from any liability mulling tram Escrow Holteea payment to SrokWs) of compensabon pursuantto into
Agreement. Escrar Molder shall Immsdknelynotify Brokers: i4 S Buyers Initial or any addnbmal apron Is not made pursuant tothb Aamernenk
or Is not 000d at the of deposit with Escrow Holds , coop IfdOw Buyer orSdar Instruct Escrow Holder to oandd escrow.
O. A Copy of any amendment that aHecla any paragraph of this Agreement for which Darow Holler Is maponalm shoe dafivemd to Escrow
Hotlerxithin 2 business days after mutual execution of ere amendment.
30. LIgU1DATEO DAgi M-. V Buyer falls to doorplate this Woctme bwmma of Buyers dafndt, Seler shag as I - daoages,the
deposit actually paid. Buyer and SGBsr agree that this amount It a reasonable Gum given that a to Ian al ar ly diaiGult to
establish the amount of damages that would acutely, be suffered by Seller In the avant Buyer were to Irreacn is Ag Release. of
funds will require mutual. Signed rates-- MahudlOrn flan both Seller, Judicial tlGclelon ar arbttra8e rot.
auvaea Innias _J_. _ 8deea initlals ._1
31. DI,9P1J179 RESOUMON:
A. MEDIATION: Buyer and Salter agree to modiste any dispute or claim adsbg between them out of Mile Agreement. or any assuring Imisadon,
before meorting to arbaration or court motion. Buyer and Seger elm lama to nteasae easy dlspu s or Claims with BrolmnsL who, In -
writing, agree to such madfsaan pdor txh orwWn a reasonable smaller, the dispute arMahn re presented to the Bunker. Medladon
tees, B any, shall be divided equally among the parties Invohrod. g, for any dispute or claim to which this paragraph applies, any patty @
commenose an action wdMout first all mong to resolve 9re meaer through mediation. or (0) before commeraremerl Of an action, refuses to
mediate alter a request had been made, Men that party stall not be erdrod to recover atlomeyfess, even Btheyxwri otherwise be available to
that party In any such action. THIS MEDIP.TION PROVISION APPLIES WHE7HER OR NOT THE ARBITRATION PROVISION IS INITIALED.
Excludam from Oils rnadrogen agreement are specified to paragraph 31C.
B. ARBITRATION OF DISPUTES:
Buyer and Seger agree that any dispute or claim In Law or aquhy arlsing berbiyoen them out of this
Agreement or any resuRblg trarnactton, which to not selGtnd throeggh mediation, shall ba decided by neutral,
binding arbibadon. Btryer and Sager also agree to arttRrate any disputes or balms whh Brokerts), who, In
writing, agree to such erbltratitpn pritu t0 or wiHtin a reasonable time sitar, the tllsputa "claim is presented
to the Broker. The arttitrator chap be a reared judge or juttttce, or an attorney with at least d years of
residential meal estate Law axptN levee, unless the partlea mtRrtallY agree to a dFffarent arbHrator. The partial
shad have the right tO dlscolrery In eccordaece with Gbde oT Ctv Procedure g12ti3A5- In all other raspscte,
tlha artsitration shall be conducted in accordance wgh Title g of Part 3 of the Cade of Civil Procedure.
Judgmen! upon the sward of the arbitratar(a] may ba arltered Into arty court having Jurisdiction.
BnforcemOnt of tibia agteament bD arblkate stud( ba gtrvomed by the Federal Arbitration Act. Exclusions
from }hill arbibtation agreement are apaelfled in paragraph 31C.
P .
Duyera initial*() ( ) Sellers Initials
Oopydgld a lor4a010. CALIFORNIA ASaOCIAMON OF RFALTORSe, INC. itsvleued by r%N ra
VLPA REVISED 4110 (PAGE a OF 1C)
VACANT LAND PURCHASE AGREEMENT (VI -PA PAGE s OF 10) PMcs Vacant
41/60 3BVd S3SI?cW31N3 tiM3ddIl-10 ESZL906818 80:LT TTOZ/E1/90
Pro"43K
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OMBRttATiHE TWITTERS MMWED IN THE ' TI OF DISPUTES' FR
eegara Yttlda ) 9effKs UMkle /
a ADDITIONAL MEDIATIW( ANDAR811RATION TERMS:
Pra(t) F](CWSIONBtThaOPOwrhWmdfAmslMgbaexefuWdfragMealatlanaralad�ftraaoa:WaNdtdMor foesdaseeaarafhor
erniatv(rd dst cis"iner t"ll'aaction• Dinaat r hunt, ma m 11101141111110124 q land Cord►aMUW than he V, go ct as clothes In CM Cede i�f N) an
ptobaln, Nnaaclerota m bw*n"W wort TM dtsg eta GGIUM r UM to snahta the rm ng of a nodad of n of a
adRdwan . NICOiane. P, Irtrensff M, or Other provldwH n8 P 09 go m, Ss Lion and
emmdtrn, •b.a pee emaateas a waiver rx vbteaon Ins mediation end
0 13RMOK1tEM Br olu re shdl trot be ohggated fir eempWed to mediate or arbitrate anions GW agree to do eo In writing. Any Manker(s)
SA TERNSp kAND ONDIm1O t�edidion mOF hea Samhe rkameaepargr OptMAgrosmnt e
Tbts 6 an Oft to Pardlam the PlOpedy On the abmre tames sort 00ndaratro. The liquidated dM SM paragnPh or am arbitration of disputes
pan"It 4lrcarpotated In M Amreamenta irdodadby a1 painting or lrkm pmdad by mmmi agrasment to a omuceraihx m acidendun, pat test
one but net an papas h u Such lowwerN4 a oaaderOftm Is required awl agmaMant In teadrad. Sailer ban the age to ear inm Ili after the
Property for sa(n and to eOCept OW oiler 0abr at ay taus Prior In aMbdlpn of Awe. tl fib otter Is accepted seed btu w subsecluedy
ddauas. Buyer malt be 11141We01(e Ifni tayMMd Of &O Na' OMperaidlon. IU Agwwwdl and MW Ntppkmad, addendso or arom9gidon,
Indudfig any Copy. may ba Sgned In two ar more mrMtmparfe, a0 of veddr shalt a veroa to one and the saw ad ft
33. TM OF ESSOCF+ MMIM CONTRACT} GUMBO; Time b of tha anasreca. A7 underaterdMg6 OeMaes the paraes am Worperated M this
Agreement. Its tame We Intended by the WON as a final. arnpiats and a a aim axpresaten of their AOMCAM utb respect to as sutymd Meter.
and may not be cordredkted by avidatrra Of arty Prior agreement or dmrtmrgmmftm OW agree ouL If any PwAsIon of tide Agreement Is how to
be kteffactva mlttoregd, the remalnilg PmWdane wR MVSW*I be glean M foM Mad affect BOW as otherwise spedged, ftAgreement and
* h[teyrated and dfapata des be resolved in srsmdarme wth the (itch Of the &da of C 2&rAb. Ndihsrthis Agreement rem any provision In It.
may be sxtanded, amended. modified, al0erea Or changed, except in %MW elgsed by Blow and Sdter.
3e. EKPIRATION OF OIFM Thte offer aMll be doomed revoked and the deposit aW he relented miens fro am Is Signed by Seller and a Copy of
Its, Sigoed after Is pereanaly remhed W Blger. orby
who is"Grimd to"M"Itby6:00 Pat an Me third Day altar Oft Offer b atoned by Buyer(or, 9dteded,d by,, 13 AM ❑PM, on
(dale).
awl" h cent and adtaeWed9 recap a CDMct Q G offer and agrees to the above wdlnneton otageneyMWiorships,
Date d6/ o Ill Date
BUYER BUVER
(Print am) danr7—s V0 p[ASe tnarrm)
IAddreas
C3 Additional Signature Addendum attached (CAR. Form ASA).
36, ACCEPTANCE OF OFFS& Seam warrants that Seiler is the of the Propety, or has the auftxt* to exsade this Agteemem. Soper aaoepts
me above offer. agrees to sec the Property on to above tams d s, and agrees Ili the shove Cmdimlaton of agency retadonshbrs. Seller
hap teed and ackpowled ex mratpt of a Copal of M Agteeeersnt, honras Broker to Deaver a Signed Copy to Buyer.
(p IdeFud) SUBJBCT TO ATT'ACNEO COUNTER OFFCR (C CO) DATED,
Pate 6-13-11 Dare 6-13-11
FIIEx SELLER
Dix Parkas
Pant name trmn name)
632 S w She t]aka. CJL. 91422-M29 _
Additional Signature Addendum attached (CAR. Form ASA).
( / ) Conflrmentan d Acceptance: A COPY of Signed Acceptance vvm pereondyINyers aulMdzad agene
—iF'na� m(date) etpAMteml ea CaPy of S10nei1 ACcePtanw le psraowly rvwlnd by Beyer Or Buysk r m aat twnfintad In
the laoumant Completion of this omeamndon Is not legally regdred iing Agreemenq It In
nded to evidence the data dot COndlmation of Actepreeeee Iva Suyw-u IMtietle ( ( ) SaRees JnI) �,
CM49ft! O ta98a0 0C-, CAUPORNK A3304N OF REALTORM INC.
VLPA REVISED 1110 (PAGE 9 OF 10) 1 Rednad ty O+a iFi °a el
VACANT LAND PURMIASE AGRMMFNT ("A PAGE 9 OF: To) paper Vrema
9I/0I 39Cd MSI2&GiN3 GM3ddIFrJ ESZL906618 88:LI ITOZ/ET/90
06/10/2811 14:26 7605640344 LA QUIHTA PALMS PAGE 11/15
aaeaoa iota .7a'Jtoa+se Js/z as Zone 1„2,9,a 4 =k 1J2 Joe 04e/on awylsil Mutt 14
P101004Y Ape s7 A= AFA 3 x bI 2 11a a 91 k yr29 Jw o1e/0M jMM2 ftglg4 Dale -.rasa 10; 201,
REAL ESTATE BROKERS:
A. Real Solloda Brakna ara not per0as to the Agreement betwom Bull and Sohn
B. Agatqr raroeomhipa are wnflrmaa as aided In paragraph 2.
C It sae tW In paragraph 3A(2). Agent who eglAmfted to after for Bayer adatwvledgas receipt otdaposk.
D. COOPERATM BROKER COMPENSATION. Elating Broker agrees to pay Cocperatbg Bnorwr (Bal"Il Wm) and Cooperating Broker agrasa to
accept, aid of Luling Brok ees "wedo in semen (1) die amountepedfied in the L LS, provided Oeaperathlg Broker is a Padkipant of We MLS in
aNartrm Properbr ie ofhnad for cola or a askiromk AILS; 0r(0) ❑ Of annuitant) the amount SPUMOd in a aepwat a wdlten agreement (CA.R. Form
OBO) bebreen Listing Broker and Cooperating Broker. Declaration of t)ow= and Tax (CAR. Form OLT) may be used to dodumeettrat tax repaft
will be required or Met ■ tempflgl Models.
fte aerpuer !fie sta a.i... Ratirtm - DREtk.9 5?T;
SY L''f sa. vreppdyL ORE Lint jault Date 06/10 2021
Address 51001 rinant b~ j:ur, (g(y A Qnantn Shftja,, ZIP
Vona 7 Fax 1760I5fA-QFt4 E•ma6+taaetntaaalmaade. rr. aem
RD two�*&pkMf _ jq: Soria naT�. Ra-_±w DREUM# t2ZZ__
`7' 8rvee C SItgZ a ORE Us9 9210. Date Ob/L 20 1
D. _city za !
TMIBpAmla /760)K64-4104 Fax j760y5Ke_0a On E-mail daooSataoalmaadar Jra. tam
ESCROW HOLDER ACKNOVKJWGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement. Of cbedwd.0 A dePoWt in the amount of S ),
counlaroReb(a) numbered p Salers Statement of Intonation and j] Other_
, and ears-, to act as Escrow Holler eub)edto pwaoraph 29 of this Agreement. spry
suPPIMmanlai ascraw instruadona and Ihename of EMcw Holder's general pnuvlsinre, it any.
Escrow Holler Is advised that the data bf CMnenneilon Of AOCeiwnoa Of the Agreement as between Buyer and Seger is
Escra rHadder escrow*
By Oefe
Address
PhonsiftdE-mall
Escrow Holder Is licensed by the CaOfamis Deparknent Of [3 Carporegaia, Q Inauranee,o Real (Estate, Uwnae 9
P1115-W dTAY19M OF OFFER: ( j Listing Broker presented this after toSeler on (date),
a xaa0er Weals
REJECTION OF OFFER.(_ )t _) HO Counter odor Is baing made This offer was rejected by Seller an (dotal•
aeaela lnl
by:
`
+PESA
5vf0wWAS4I0WMW0FRET0RS6
ffi South IAemrue.im Angeles, CaOPodea 20020 Dais
_
mly
VLPA
REVISED 4MO (PAGE 10 of 10)
VACANT LAND PURCHASE AGREEMENT (VLPA PAGE 10 OF 101
Parker Vag m
51/1T
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LTOZ/E1/90
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06/10/2011 14:26 /blaob4GI44 LA GUINTA PALMS
t'AaG 1Lf2y
PmpeM Address: Axyeesor's Paned Nmmbere 773-101-013 & y93--077-013
IN WITNESS WHEREOF, Buyer and Seller each hereby n;Pnseats 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.
SELLERS:
6
Donald Parker
Julie Parkes
r
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
Agency Counsel
BUYER;
La Quinta Redevelopment Agency, a public
body, corporate and politic
aai=--�
Thomas P. Genovese, Executive Director
[end of signatmesl
2671DISSMN45
1159ael of 4oafoll I
0
06?
91/ZI 39Gd S3SIdd2131N3 VM3ddIH8 ESZL906818 80-11 IIOZ/Ei/90
V
9
cFM OF
9w
COUNCIL/RDA MEETING DATE: June 14, 2011
ITEM TITLE: Adoption of a Resolution That Approves
a Purchase and Sale Agreement with Union Home
Loans, Inc., et al., Makes Findings Pursuant to Health
and Safety Code Section 33445, and Approves the
Expenditure of Funds to Acquire Land Identified as
APNs: 77,3 076-002 through 005, and 773 076-010
through 013,
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: �O
STUDY SESSION:
PUBLIC HEARING:
Adopt a Resolution of the City Council that approves a Purchase and Sale Agreement
between the La Quinta Redevelopment Agency and Union Home Loans, et al., that
finds that the acquisition of this property conforms with the requirements of Health
and Safety Code Section 33445, approves an Agency expenditure of $1,378,380, and
authorizes the City Manager to execute the acceptance of the grant deeds and any
other necessary documentation.
FISCAL IMPLICATIONS:
The Redevelopment Agency will fund up to $1,378,380 to purchase this property;
these expenses are comprised of the purchase cost of $1,368,380 and up to $10,000
of customary closing costs. This acquisition will not require the expenditure of City
funds.
BACKGROUND AND OVERVIEW:
The Redevelopment Agency Board has directed staff to pursue the purchase of various
properties in the Village to facilitate off-street parking opportunities, the expansion of
recreation opportunities, public improvements, or the development of affordable
housing. One property identified by staff for potential purchase is a 52,630 square
foot parcel located west of Avenida Navarro and east of Avenida Villa. The property
was excavated for a parking garage that would serve a 20 unit time share
development. The owners subsequently filed for bankruptcy and the lender, Union
Home Loans, Inc., foreclosed. Staff contacted Lane Scholes with Union Home Loans
and expressed interest in purchasing this property for $26.00 per square foot or
$1,368,380. After consideration, Union Home Loans, Inc. accepted this offer.
C63
Per the Purchase and Sale Agreement (Attachment 1), the City of La Quinta would
purchase this property for a cost of $1,368,380 or $26.00 per square foot of land
area, plus customary closing costs. As part of this purchase, Union Home Loans, Inc.
would fill and re -compact the site per City specifications. The Redevelopment Agency
would fund the acquisition and customary closing costs. The rationale for purchasing
this property is to preserve vacant land for future affordable housing development, or
given this property's location immediately north of La Quinta Park, for possible public
parking or recreation uses.
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
makes findings that support this expenditure, and if the City Council consents to
having the Agency expend these funds. The acquisition of this property will eliminate
blight in Project Area No. 1 by facilitating the expansion of recreation uses, or by
providing additional off-street parking opportunities, or facilitating the development of
affordable housing.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Adopt a. Resolution of the City Council that approves a Purchase and Sale
Agreement between the La Quinta Redevelopment Agency and Union Home
Loans, et al., that finds that the acquisition of this property conforms with the
requirements of Health and Safety Code Section 33445, approves an Agency
expenditure of $1,378,380, and authorizes the City Manager to execute the
acceptance of the grant deeds and any other necessary documentation; or
2. Do not adopt the proposed Resolution of the City Council approving the
Purchase and Sale Agreement; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development Project Manager
�pro�ubmi n
Thomas P. Genovese, City Manager
Attachment: Purchase and Sale Agreement (will be provided prior to the City
Council meeting)
.M C64
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CONSENTING TO THE USE OF
REDEVELOPMENT AGENCY FUNDING FOR, AND
APPROVING A PURCHASE AND SALE AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND UNION
HOME LOAN INC., ET AL., 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 has negotiated a Purchase and Sale Agreement
with the Union Home Loan Inc., which is the representative of the individual
property owners, for real property identified as Assessor Parcel Nos. 776-076-002,
003, 004, 005, and 010, 011, 012, and 013 (collectively, "Properties") for off-
street parking opportunities, the expansion of recreation opportunities, public
facilities, or the development of affordable housing (collectively, the "Infrastructure
Improvements"), to facilitate access to the Village; and
WHEREAS, the Properties are located within the Project Area; and
WHEREAS, the Agreement would provide for the Agency's expenditure of
One Million Three Hundred Sixty -Eight Thousand Three Hundred Eighty Dollars
($1,368,380) plus closing costs to acquire the property bounded by Avenida Villa,
Avenida Montezuma, Avenida Navarro and Calle Tampico;
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
Resolution No. 2011-
Union Home Loan Inc., Property
Adopted: June 14, 2011
Page 2
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 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 Property pursuant to the Agreement 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 will 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 purchase of the Property or the
Infrastructure Improvements is available, 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 Property and Infrastructure Improvements
is to use Agency funding; (iii) without Agency funding for the Property the
Property could not be acquired and the Infrastructure Improvements would
not be completed, all to the detriment of the Project Area.
C. The acquisition of the Property and the future installation of 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 Property for future
development with the Infrastructure Improvements is necessary to effectuate the
'.p 066
Resolution No. 2011-
Union Home Loan Inc., Property
Adopted: June 14, 2011
Page 3
purposes of the Redevelopment Plan and is in the best interests of the City of La
Quinta.
SECTION 4. The Agreement is hereby approved. The City Council hereby
consents to the use of Agency funding to acquire the subject Property.
SECTION 5. The City Council directs its City Manager to (i) sign such
documents that require the City's signature in order to effectuate the City's
acquisition of the Property, and (ii) take such other and further actions as may be
necessary and proper to carry out the terms of the Agreement.
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 affect this Resolution on behalf of the City.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
City Council held on this 14th day of June, 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
DON ADOLPH, Mayor
City of La Quinta
ATTEST:
VERONICA J. MONTECINO, CMC, CITY CLERK
City of La Quinta
APPROVED AS TO FORM:
M. KATHERINE JENSON, City Attorney
City of La'Quinta
.-Il C 6 7
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
FROM: Thomas P. Genovese, City Manager, 4
DATE: June 13, 2011
SUBJECT: Adoption of a Resolution That Approves a Purchase and Sale
Agreement with Union Home Loans, Inc., at al., Makes Findings
Pursuant to Health and Safety Code Section 33445, and Approves the
Expenditure of Funds to Acquire Land Identified as APNs: 776-076-
002 through 005, and 776-076-010 through 013
Attachment 1 - Purchase and Sale Agreement will be provided prior to the City
Council meeting.
_ 4wkcd C' �
MEMORANDUM
TO: The Honorable Mayor and Members of the City Council
The Honorable Chair and Members of the Redevelopment Agency
FROM: Thomas P. Genovese, City Manager
-0
DATE: June 14, 2011
SUBJECT: Item No. 6 to City Council Special Meeting June 14, 2011
Item No. 2 to RDA Agenda Special Meeting June 14, 2011
Adoption of a Resolution That Approves a Purchase and Sale
Agreement with Union Home Loans, Inc., et al., Makes Findings
Pursuant to Health and Safety Code Section 33445, and Approves the
Expenditure of Funds to Acquire Land Identified as APNs: 776-076-
002 through 005, and 776-076-010 through 013
Attachment 1 — Purchase and Sale Agreement to staff report identified above.
Correction: The APNs described in the title and in the report should be 773'=076-
002 through 005, and 773-076-010 through 013.
AGREEMENT FOR PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
- --- _ --THIS-AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS..
("Agreement") is made and entered into as of June _, 2011 ("Effective Date".) by and
between (i) SCOTT M. KING, CHARLES HYATT KING III, MARJORIE ANN KING,
RONALD A. FLORIA, UNION HOME LOAN, INC., DEFINED BENEFIT PENSION TRUST,
TRUST COMPANY OF AMERICA, CUSTODIAN FOR ANAHEIM CARDIOLOGY, INC.,
FBO DAVID C. SANGER, MD. ACCOUNT 458192, WANG QIN CHEN, SoLoMO14
ALEXANDER MIZRAHI, TRUSTEE OF THE SOLOMON ALEXANDER MIZRAHI
LIVING TRUST DATED JUNE 11, 1990, GEORGE J. NAFF, TRUSTEE OF THE GEORGE
NAFF FAMILY TRUST UNDER TRUST DATED 2/19/97, WALTER J. HOLIDAY,
TRUSTEE, OR SUCCESSOR TRUSTEE, UNDER THE WALTER J. HOLIDAY FAMILY
TRUST DATED FEBRUARY 11, 1997, EQUITY TRUST COMPANY CUSTODIAN FBO
BRENDA C. SMITH MD. IRA #31688, C LYDE J. STANLEY, ERIKA STANLEY,
TRUSTEES OF THE STANLEY TRUST, DATED OCTOBER 30, 1992, GEORGE J. NAFF,
TRUSTEE OF THE GEORGE NAFF FAMILY TRUST UNDER TRUST DATED 2/19/97,
UNION HOME LOAN PROFIT SHARING PLAN, and RONNIE HARPER, TRUSTEE OF
THE RONNIE BENNY HARPER REVOCABLE LIVING TRUST, DATED OCTOBER 31,
2002 (jointly, severally, and collectively, "Seller"), and (ii) the LA QUINTA
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Buyer").
RECITALS:
A. Seller is the owner of that certain real property located in the City of La Quinta,
County of Riverside, State of California, more particularly described in the legal description
attached hereto as Exhibit "A" (the "Property")-
B. Buyer desires to purchase the Property from Seller and Seller desires to sell the
Property to Buyer, on the terms and conditions set forth herein.
AGREEMENT:
NOW, THEREFORE, in of the foregoing recitals and mutual covenants
herein contained, the parties hereto agree as follows:
PURCHASE PRICE.
1.1 Amount. Subject to the terms of this Agreement, Buyer hereby agrees to
purchase the Property from Seller, with title to the Property to be placed in the name of the City
of La Quinta, a California municipal corporation and charter city ("City"), and Seller agrees to
sell the Property to Buyer, for the purchase price of ONE MILLION THREE HUNDRED
SIXTY-EIGHT THOUSAND THREE HUNDRED EIGHTY DOLLARS ($1,368,380)
("Purchase Price").
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1.2 Payment of Purchase Price. On or before 5:00 p.m. on the business day preceding
the "Closing Date" (as that term is defined in Section 4.1)'or such earlier time as required by
"Escrow Holder" in order to close "Escrow" (as those terms are defined in Section 2.1) on the
Closing Date, Buyer shall deposit with Escrow Holder in "Good Funds" (as used in this
Agreement, the term "Good Funds" shall mean a confirmed wire transfer of immediately
available funds, cashier's or certified check drawn on or issued by the office of a financial
institution located in Riverside County, or cash) the Purchase Price less the "Independent
Contract Consideration" (as that term is defined in Section 1.3 below), and such additional funds
as may be required to meet Buyer's portion of the closing costs as hereinafter provided.
L3 Independent Contract Consideration. Within three (3) business days following
the later of the Effective Date and the date of the "Opening of Escrow," (as that term is defined
in Section 2.1 below) Buyer shall deposit into Escrow the sum of ONE' HUNDRED DOLLARS
($100) (the "Independent Contract Consideration"). Seller and Buyer agree that the Independent
Contract Consideration has been bargained for as consideration for Seller's execution and
delivery of this Agreement and Buyer's right to inspect the Property pursuant to this Agreement.
The Independent Contract Consideration is in addition to and independent of any other
consideration or payment provided for in this Agreement and is non-refundable in all events.
The Independent Contract Consideration shall be applicable to the Purchase Price at Closing.
2. ESCROW.
2.1 Opening of Escrow. Closing of the sale of the Property shall take place through .
an escrow ("Escrow") to be established within three (3) business days after the execution of this
Agreement by the parties hereto, with West Coast Escrow ("Escrow Holder") at its office located
at 23586 Calabasas Road, # 209, Calabasas, CA 91302, Attn: Sari Hall, Telephone
No. (818) 225-9922. The opening of the Escrow (the "Opening of Escrow") shall be deemed to
be the date that a fully executed copy of this Agreement is delivered to the Escrow Holder.
Escrow Holder is instructed to notify Buyer and Seller in writing of the date of the Opening of
Escrow.
2.2 Escrow Instructions. This Agreement, once deposited in Escrow, shall constitute
the joint escrow instructions of Buyer and Seller to Escrow Holder. Additionally, if Escrow
Holder so requires, Buyer and Seller agree to execute the form of escrow instructions that
Escrow Holder customarily requires in real property escrows administered by it. In the event of
any conflict or inconsistency between Escrow Holder's standard instructions and the provisions
of this Agreement, the provisions of this Agreement shall supersede and be controlling.
3. DUE DILIGENCE. As used herein, the term "Due Diligence Period" shall refer to a
period of time to expire upon the date that is thirty (30) days after the Effective Date. Buyer's
obligation to consummate the transactions contemplated by this Agreement is subject to and
conditioned upon Buyer's approval, deemed approval or waiver of the right to approve of the
following contingencies set forth in this Section 3 (collectively, the "Contingencies"):
3.1 TITLE MATTERS. Seller shall deliver to Buyer, within five (5) days after the
Effective Date of this Agreement, a preliminary title report prepared by Fidelity National Title
("Title Company") describing the state of title of the Property together with copies of all
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underlying documents (collectively, the "Preliminary Title Report"). Buyer may, at its sole cost
and expense, obtain a current survey of the Property (the "Survey'). Notwithstanding anything
herein to the contrary, Seller shall be obligated to remove or properly endorse over (i) all
monetary encumbrances against the Property excluding non -delinquent real property taxes and
assessments which.shall be prorated at Closing, and (ii) that certain Memorandum of Agreement
dated June 3, 2005 by and between KSL II Management Operations, LLC and Borrego Resort
Holdings, LLC recorded against the Property on July 25, 2005 as Document No. 2005-0592482.
Buyer shall notify Seller in writing of any objections Buyer may have to title exceptions
contained in the Preliminary Title Report or matters shown on the Survey (if Buyer has obtained)
no later than the later of (i) fifteen (15) days after receipt of the Preliminary Title Report or
(ii) twenty (20) days following the Effective Date ("Buyer's Objection Notice"). Buyer's
approval or disapproval of the matters set forth in the Preliminary Title Report (and the Survey,
if applicable) may be granted or withheld in Buyer's sole and absolute discretion. Buyer's
failure to provide Seller with a Buyer's Objection Notice within said period shall constitute
Buyer's approval of all exceptions to title shown on the Preliminary Title Report and all matters
shown on the Survey (if Buyer has obtained). Seller shall have a period of five (5) business days
after receipt of Buyer's Objection Notice in which to deliver written notice to Buyer ("Seller's
Notice") of Seller's election to either (i) agree to remove the objectionable items on the
Preliminary Title Report or Survey prior to the Close of Escrow, or (ii) decline to remove any
such title exceptions or Survey matters and terminate Escrow and the obligations of Buyer and
Seller to purchase and sell the Property under this Agreement. Seller's failure to provide Buyer
withSeller's Notice within said period shall constitute Seller's election to remove the
objectionable items on the Preliminary Title Report. If Seller notifies Buyer of its election to
terminate rather than remove the objectionable items on the Preliminary Title Report or Survey,
Buyer shall have the right, by written notice delivered to Seller within five (5) days after Buyer's
receipt of Seller's Notice, to agree to accept the Property subject to the objectionable items, in
which event Seller's election to terminate shall be of no effect, and Buyer shall take title at the
Close of Escrow subject to such objectionable items without any adjustment to or credit against
the Purchase Price:
Upon the issuance of any amendment or supplement to the Preliminary Title
Report which adds additional exceptions, including any survey exceptions, the foregoing right of
review and approval shall also apply to said amendment or supplement. The process set forth
above for Buyer's review and Seller's response shall apply to any review and response with
respect to any amendment or supplement to the Preliminary Title Report, and the Closing shall
be extended for such period as is necessary to allow for that review and response process to be
completed.
3.2 Environmental Condition. Buyer shall have access to the Property, as described
in this Section 3.2,. in order to permit Buyer or its directors, engineers, analysts, officers,
employees, agents, contractors, representatives, attorneys or advisors (collectively, the "Buyer
Representatives") to investigate the Property.
3.2.1 During the Due Diligence Period, Seller shall permit Buyer and Buyer
Representatives, at the sole cost and expense of Buyer, to conduct physical inspections of the
Property, including the site work, soil, subsurface soils, drainage, seismic and other geological
and topographical matters, location of asbestos, toxic substances, hazardous materials or wastes,
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if any, and any other investigations as Buyer deems prudent with respect to the physical
condition of the Property in order to determine the Property's suitability for Buyer's intended
purpose. In no event shall Buyer conduct any intrusive testing procedures on the Property
without the prior written consent of Seller, which consent shall not be unreasonably withheld.
Such investigations may be made by Buyer and/or Buyer Representatives during any normal
business hours. Seller shall cooperate to assist Buyer in completing such inspections and special
investigations at no cost or expense to Seller. Such inspections and investigations shall be
conducted only upon no less than twenty-four (24) hours' notice to Seller and shall be conducted
at such times and in such a manner as to minimize any disruption to the Property. Seller shall
have the right, but not the obligation, to accompany Buyer during such investigations and/or
inspections.
3.2.2 As a condition to any such entry, Buyer shall (i) conduct all work or
studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous
conditions to occur on the Property during or after such investigation; (ii) comply with all
applicable laws and governmental regulations; (iii) keep the Property free and clear of all
materialmen's liens, lis pendens and other liens arising out of the entry and work performed
under this paragraph; (iv) maintain or assure maintenance of workers' compensation insurance
(or state approved self-insurance) on all persons entering the property in the amounts required by
the State of California; (v) maintain or assure that all persons entering the Property have
procured and have in effect an all-risk public liability insurance policy; and (vi) following
Buyer's entry, repair any and all damage to the Property caused by such inspections or
investigations in a timely manner.
3.2.3 Buyer shall promptly pay and discharge all demands for payment relating
to Buyer's entry on and investigation of the Property and take all other steps to avoid the
assertion of claims of lien against the Property. In the event a claim of lien is recorded by reason
of Buyer's entry on the Property, Buyer, within twenty (20) days of such recordation, shall either
(i) record or deliver a surety bond sufficient to release such claim or lien in accordance with
applicable law; or (ii) provide Seller with such other assurance as Seller may require for the
payment of the claim or lien. Seller may elect to record and post notices of non -responsibility
from time to time on and about the Property.
3.2.4 Prior to expiration of the Due Diligence Period, if Buyer approves of the
physical or environmental condition of the Property and, as a result, wishes to proceed with
purchasing the Property, Buyer shall notify Seller in writing of Buyer's election to. proceed.
Buyer's approval or disapproval of the physical and environmental conditions of the Property
may be granted or withheld in Buyer's sole and absolute discretion. Should Buyer fail to deliver
a notice approving its due diligence of the Property shall be deemed that the Buyer disapprove of
its due diligence. In the event Buyer terminates or its deemed to have terminated this Agreement
pursuant to this Section, Buyer and Seller shall be relieved of all further liability under this
Agreement. Buyer's inspections and investigations of the Property shall be conducted upon the
terms and conditions set forth in this Agreement.
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4. CLOSE OF ESCROW,
4.1 Close of Escrow: Closing Date. Provided that all of the conditions of this
Agreement precedent to the "Close of Escrow" (as hereinafter defined) have been satisfied (or
waived by the appropriate party) prior, to or on the Closing Date, the Closing of this transaction
for the sale and purchase of the Property shall take place on the date which is five (5) days after
the date on which all of "Buyer's Conditions to Closing" and all of "Seller's Conditions to
Closing" (as those terms are defined in Section 8) have been satisfied (or waived by the
appropriate party) ("Closing Date"). The terms "Close of Escrow" and the "Closing" are used
herein to mean the time Seller's grant deed conveying fee title to the Property to the City is
recorded in the Official Records of the Office of the County Recorder of Riverside ("Official
Records"). If Escrow is not in a condition to close by the Closing Date, either party not then in
default hereunder may, upon five (5) days advance written notice to the other party and Escrow
Holder, elect to terminate this Agreement and the Escrow. No such termination shall release
either party, then in default from liability for such default. If neither party so elects to terminate
this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible.
4.2 Recordation; Release of Funds and Documents.
4.2.1 Escrow Holder is directed, on the Closing Date, to record in the Official
Records, the following documents in the order listed: (i) the grant deed in the form of the
attached Exhibit "B" transferring title to the Property to the City (" Crrant Deed'); and (ii) such
other and further documents as maybe directed jointly by Buyer and Seller.
4.2.2 Upon the Closing, Escrow Holder shall deliver (i) the Purchase Price, less
any of Seller's closing costs, to Seller, and (ii) conformed copies of all.recorded documents to
both Buyer and Seller.
5. DELIVERY OF DOCUMENTS REQUIRED FROM BUYER AND SELLER.
5.1 Buyer's Obligations. Buyer agrees that on or before 5:00 p.m.. of the last business
day immediately preceding the "Closing Date, Buyer shall deposit or cause to be deposited with
Escrow Holder the followings
(a) the Purchase Price less the Independent Contract Consideration; and
(b) any and all additional funds, instruments or other documents required
from Buyer (executed and acknowledged where appropriate) as may be reasonably necessary in
order for the Escrow Holder to comply with the terms of this Agreement.
5.2 Seller's Obligations. Seller agrees.that on or before 5:00 p.m. of the last business
day immediately preceding the Closing Date, Seller shall deposit or cause to be deposited with
Escrow Holder each of the following:
(a) a grant deed(s) executed and acknowledged by each entity or person
which comprises the Seller Patrice Varge transferring all of their interests, in the Property;
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(b) any other documents executed and acknowledged by Seiler, or any of the
individuals comprising Seller, determined necessary by the Title Officer to transfer marketable
fee title to the City;
(c) the executed and acknowledged Grant Deed;
(d) a Certificate of Non -Foreign Status (the. "Non -Foreign Affidavit')
executed and acknowledged by Seller in the form attached hereto as Exhibit "C"; and
(e) all other funds, items,.and instruments required from Seller (executed and
acknowledged where appropriate) as may be reasonably necessary, in order for Escrow Holder to
comply with the provisions of this Agreement.
6. TITLE INSURANCE POLICY.
6.1 Title Policy. At the Closing Date, the Title Company, as insurer, shall issue a
CLTA owner's standard coverage policy of title insurance ("Title Policy"), in favor of Buyer, as
insured, with liability in the amount of the Purchase Price, subject to the following:
(a) non -delinquent real property taxes and assessments;
(b) title exceptions approved or deemed 'approved by Buyer pursuant to
Section 3 above;
(c) any other exceptions approved by Buyer; and
(d) the standard printed conditions and exceptions contained in the CLTA
standard owner's policy of title insurance regularly issued by the Title Company.
6.2 Payment for Title Policy. Seller shall be responsible for the charges for the Title
Policy with coverage up to the amount of the Purchase Price. Buyer shall pay any additional
coverage or endorsements it requests. Buyer may, at its election, request a CLTA extended
policy of title insurance. 'Buyer shall pay the difference for the charges between the premium for
the extended coverage title policy and the premium for the standard coverage title policy that
Seller is responsible for hereunder. Buyer shall also pay for the survey, if applicable.
7. REAL PROPERTY TAXES. Upon Buyer's acquisition of fee title to the Property, the
Property will be exempt from the payment of property taxes and assessments due to Buyer's
status as a public agency. Seller shall be responsible for paying for all property taxes or
assessments assessed against the Property after the Closing for any period prior to the Closing.
8. CONDITIONS PRECEDENT TO CLOSING.
8.1 Conditions Precedent to Buyer's Obligations. The obligations of Buyer under this
Agreement to purchase the Property and close the Escrow shall be subject to the satisfaction or
signed written waiver by Buyer of each and all of the following conditions precedent
(collectively, "Buyer's Conditions to Closing"):
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(a) Buyer shall have approved the condition of the Property, in accordance
with Section 3.2 hereof;
(b) on the Closing Date, the Title Company shall be irrevocably committed to
issue the Title Policy pursuant to Section 6 above insuring fee title to the Property as being
vested in Buyer;
(c) Escrow Holder holds all instruments and funds required for the Closing
and will deliver to Buyer the instruments and funds, if any, accruing to Buyer pursuant to this
Agreement;
(d) except as otherwise permitted by this Agreement, all representations and
warranties by the Seller in this Agreement shall be true on and as of the Closing Date as though
made at that time and all covenants of Seller pursuant to this Agreement shall have been fulfilled
by the Closing Date; and
(e) Seller is not in material default of any term or condition of this
Agreement.
In the event that any of Buyer's Conditions, to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Buyer prior to the expiration of the applicable period for
satisfaction or waiver, Buyer may terminate this Agreement.
8.2 Conditions Precedent to Seller's Obligations. The obligations of Seller under this
Agreement shall be subject to the satisfaction or signed written waiver by Seller of each and all
of the following conditions precedent ("Seller's Conditions to Closing'):
(a) Escrow Holder holds the Purchase Price and all other instruments and
funds required for the Closing and will deliver to Seller the instruments and funds, including but
not limited to the Purchase Price (less Seller's closing costs) accruing to Seller pursuant to this
Agreement;
(b) except as otherwise permitted by this Agreement, all representations and
warranties by the Buyer in this Agreement shall be true on and as, of the Closing Date as though
made at that time and all covenants of Buyer pursuant to this Agreement shall have been fulfilled
by the Closing,Date; and
(c) Buyer is not in material default of any term or condition of this
Agreement.
In the event that any of Seller's Conditions to Closing are not satisfied, deemed satisfied,
or waived in a writing signed by Seller prior to,the expiration of the applicable period for
satisfaction or waiver, Seller may terminate this Agreement.
9. POSSESSION. Possession of the Property shall be delivered by Seller to Buyer on the
Closing Date free and clear of any leasehold or other possessory rights not shown of record.
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10. ALLOCATION OF COSTS.
10.1 Buyer's Costs. Buyer shall pay the following costs:
(a) fifty percent (50%) of Escrow Holder's escrow fee;
(b) Buyer's own attorney's fees incurred in connection with this Agreement
and the transactions contemplated hereby;
(c) fifty percent (50%) of all the charges for recording the Grant Deed, if any;
(d) the premium difference between the CLTA extended policy of title
insurance, and the CLTA standard coverage policy of title insurance if Buyer requests an
extended policy; and
(e) any additional title insurance coverages Seller is not required to pay for
plus any title endorsements requested by Buyer.
10.2 Seller's Costs. Seller shall pay:
(a) fifty percent (50%) of the Escrow Holder's escrow fee;
(b) Seller's own attorney's fees in connection with this Agreement and the
transactions contemplated hereby;
(c) Any documentary transfer taxes associated with the conveyance, if any;
(d) fifty percent (50%) of all the charges for recording the Grant Deed, if any;
and
(e) the premium for the Title Policy that Seller is required to pay pursuant to
this Agreement.
11. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer and Buyer's
officials, officers, agents, representatives, and employees harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage,
or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based
upon (i) the presence, release, use, generation, discharge, storage or disposal of any "Hazardous
Materials" (as that term is defined below) on, under, in or about, or the transportation of any such
Hazardous Materials to or from, the Property which occurred prior to the Closing, or (ii) the
violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment
or license relating to the use, generation, release; discharge,'storage, disposal or transportation of
Hazardous Materials on, under, in or about, to'or from, the Property which occurred prior to the
Closing. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
cost or expense arising from or out of any claim, action, suit or proceeding for personal injury
(including sickness, disease or death), tangible or intangible property damage, compensation for
lost wages, business income, profits or other economic loss, damage to the natural resource or
the environment, nuisance, contamination, leak, spill, release or other adverse effect on the
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environment (any of the above, a "Claim') to the extent resulting from, arising out of, or based
upon any matter set forth in subclauses (i) and (ii) hereinabove. At the request of the Seller, the
Buyer shall cooperate with and assist the Seller in its defense of any such claim, action, suit,
proceeding,, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense;
provided that the Buyer shall not be obligated to incur any expense in connection with such
cooperation or assistance. Seller's obligation to indemnify, defend and hold Buyer harmless
under this Section 11 shall not apply to any Claim resulting from, arising out of or based upon
any "inspection or investigation of the Property by Buyer Representatives pursuant to Section 2.2
hereof, and Buyer agrees to indemnify, defend and hold Seller harmless from any such Claim in
the same manner and to the same extent that Seller is required to indemnify, defend and hold
Buyer harmless under the provisions of this Section 11.
For purposes of this Agreement, the term "Hazardous Materials" means any substance,
material, or waste which is, or becomes, regulated by any local governmental authority, the State
of California, or the United States Government, including, but not limited to, any material or
substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or
"restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner
Hazardous Substance Account Act), " (iii) defined as a "hazardous material;" "hazardous
substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv)
defined as a "hazardous substance" under. Section 25281 of the California Health and Safety
Code,'Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
(vi) fiable:asbestos, (vii).polychlorinated biphenyls, (viii) methyl tertiary butyl ether, (ix) listed
under Article 9 or, defined as "hazardous". or "extremely hazardous" pursuant to Article "i l of
Title : 22 of ;the California Administrative ' Code, Division 4, Chapter 20, (x) designated as
"hazardous substances' pursuant to Section.311 of the Clean Water, Act (33 U.S.C. §1317), (xi)
defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and
Recovery Act,.42 U.S.C. §6901, et seq.(42 U.S.C. §6903) or (xii) defined as "hazardous
substances" pursuant to Section 101 of; the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
12, CONDEMNATION. In the event that, prior to the Close of Escrow, any governmental
entity., shall " commence any proceedings. of or leading to eminent domain or similar type
proceedings to take all or any portion of the Property, Buyer or Seller shall promptly meet and
confer in good faith to evaluate the effect of such action on the purposes of this Agreement and
following such meeting either Buyer or Seller may terminate this Agreement.
13. COVENANTS -OF SELLER. Seller agrees that during the period between the Effective
Date of this Agreement and the Closing Date:
13.1 Backfill of Excavation. Prior to the Closing Date, Seller shall at its sole cost and
expense, obtain a City Grading Permit to backfill the existing excavation to the original grades
(approximately to top of curb) of the Property (the "Grading Work") to the satisfaction of the
City Engineer. The grading permit application submittal and Grading Work process shall
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include, but not limited to: 1) obtaining an updated PM 10 Plan addressing fugitive dust control
for the Property, 2) submitting a PM 10 cash deposit, 3) obtaining grading bonds in compliance
with City requirements, 4) obtaining a geotechnical report prepared by an engineer registered in
the State of California providing soil and backfill, recommendations,. 5) obtaining a Waste
Discharger Identification Number from the State Water Resources Control Board, 6) creating .
and obtaining an approved Traffic Control Plan (if needed to safely import fill), 7) obtaining City
of La Quinta Business License to conduct the activities, 8) obtaining a cost estimate for Grading
Work, 9) paying Permit and Inspection Fees, and 10) obtaining Contractor Liability Insurance,
11) obtaining fill which shall be acquired and placed in accordance with the City's Grading
Ordinances., Upon completion of the grading, Seller shall spray the property with chemical
stabilizer to the satisfaction of the City Engineer;
13.2 No Conveyance. Seller shall not convey, grant, lease, assign, mortgage,
hypothecate, encumber, or otherwise transfer (on or off record) the Property, or any interest
therein;
13.3 Insurance. Prior to Closing, Seller shall maintain Seller's existing insurance, if
any, on. the Property or asrequired by the Grading Work; and
13.4 Physical Condition. Other than the Grading, Work as required above, Seller shall
not alter.the physical condition of the Property or introduce or release, or permit the introduction
or release, of any Hazardous Materials in, from, under, or on the Property.
14. LIQUIDATED DAMAGES. IN THE EVENT THAT BUYER BREACHES ITS
OBLIGATIONS UNDER THIS AGREEMENT, THE DAMAGES THATSELLER WILL
INCUR BY REASON THEREOF ARE AND WILL BE .IMPRACTICAL AND
EXTREMELY DIFFICULT TO ESTABLISH. BUYER 'AND SELLER, IN A
REASONABLE EFFORT TO ASCERTAIN WHAT SELLER'S DAMAGES WOULD BE
IN THE EVENT OF SUCH A, DEFAULT BY BUYER, HAVE AGREED THAT ,SUCH
DAMAGES SHALL BE, IN AN AMOUNT EQUAL TO ONE THOUSANDDOLLARS
($1,000), WHICH DAMAGES SHALL BE SELLER'S .SOLE AND EXCLUSIVE
REMEDY AT LAW OR IN EQUITY IN THE EVENT, OF AND FOR ANY DEFAULT BY
BUYER WITHOUT LIMITING THE FOREGOING, PROVISIONS OF THIS
PARAGRAPH, SELLER AND BUYER WAIVE ANY AND ALL RIGHTS WHICH THE
PARTIES MAY OTHERWISE WOULD HAVE HAD UNDER CALIFORNIA CIVIL
CODE SECTIONS 1680 AND 3389 TO SPECIFICALLY ENFORCE THIS
AGREEMENT. SELLER AND BUYER ACKNOWLEDGE AND AGREE THAT THEY
HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH AND
BY THEIR INITIALS AGREE TO BE BOUND BY ITS TERMS.
Buyer's Initials Seller's Initials
15. MISCELLANEOUS.
15.1 Assi ent. This Agreement shall be binding upon and shall inure to the benefit
of Buyer and Seller and their respective heirs, personal representatives, successors and assigns.
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15.2 Attorney's Fees. In the event of any action between Buyer. and Seller seeking
enforcement of any of the terms and conditions to this Agreement or the Escrow or otherwise in
connection with the Property, the prevailing party in such action shall be awarded, in addition to
damages, injunctive or other relief, its reasonable costs and expenses, including without
limitation its expert witness fees and reasonable attorney's fees.
15.3 Notices. All notices under this Agreement shall be effective upon personal
delivery, upon delivery by reputable delivery or courier service that provides a receipt with the
date and time of delivery, or three (3) business days after deposit in the United States mail,
registered, certified, postage fully prepaid and addressed to the respective parties as set forth
below or as to such other address as the parties may from time to time designate in writing:
To Seller: Union Home Loan Inc.
Attn.:
To Buyer: 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
78495 Calle Tampico
La Quinta, CA 92253
Attn: Executive Director
Copy to: Rutan & Tucker, LLP.
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92628-1950
Attn: M. Katherine Jenson, Esq.
15.4 Fair Meaning. This Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto.
15.5 Headings. The headings at the beginning of each numbered Section of this
Agreement are solely for the convenience of the parties hereto and are not a part of this
Agreement.
15.6 Choice of Laws: Litigation Matters. This Agreement shall be governed by the
internal laws of the State of California and any question arising hereunder shall be construed or
determined according to such law. The Superior Court of the State of California in and for the
County of Riverside, or such other appropriate court in such county, 'shall have exclusive
jurisdiction of any litigation between the parties concerning this Agreement. Service of process
on Buyer shall be made in accordance with California law. Service of process on Seller shall be
119/015610-0048
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-11-
e80o
made in any manner permitted by California law and shall be effective whether served inside or
outside California.
15.7 Nonliability of Buyer Officials. No officer, official, member, employee, agent, or
representatives of Buyer shall be liable for any amounts due hereunder, and no judgment or
execution thereon entered in any action hereon shall be personally enforced against any such
officer, official, member, employee, agent, or representative.
15.8 Gender, Number. As used in this Agreement, masculine, feminine, and neuter
gender and the singular or plural number shall be deemed to include the others wherever and
whenever the context so dictates.
15.9 Survival. This Agreement and all covenants to be performed after the Closing,
and, except as otherwise set forth herein, all representations and warranties contained herein,
shall survive the Closing Date and shall remain a binding contract between the parties hereto.
15.10 Time of Essence. Time is of the essence of this Agreement and of each and every
term and provision hereof, it being understood that the parties hereto have specifically negotiated
the dates for the completion of each obligation her
15.11 Waiver or Modification. A waiver of,a provision hereof, or modification of any
provision herein contained, shall be effective only if said waiver or modification is in writing,
and signed by both Buyer and Seller. No waiver of any breach or default by any party hereto
shall be considered to be a waiver of any breach or default unless expressly provided herein or in
the waiver.
15.12 Broker's Fees. Seller and Buyer represent and warrant to the other that neither
Buyer nor Seller has employed any broker and/or finder to represent its interest in this
transaction. Each party agrees to indemnify and hold the other free and harmless from and
against any and all liability, loss, cost, or expense (including court costs and reasonable
attorney's fees) in any manner connected with a claim asserted by any individual or entity for
any commission or finder's fee in connection with the conveyance of the Property arising out of
agreements by the indemnifying party to pay any commission or finder's fee.
15.13 Duplicate Originals. This Agreement may be executed in any number of
duplicate originals, all of which shall be of equal legal force and effect.
15.14. Severabilitv. If any term, covenant or condition of this Agreement or the
application thereof to any person, entity, or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant, or
condition to persons, entities, or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant or condition of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
15.15 Exhibits. The following exhibits are attached hereto and incorporated herein by
this reference:
Exhibit "A" Legal Description of Property
119/015610-0048
2161469.2 a06/13/11 -12- 11
C8I
Exhibit `B" Grant Deed
Exhibit "C" Non -Foreign Affidavit
15.16 Representations and Warranties.
(a) Buyer represents and warrants to Seller that as of the Effective Date of this
Agreement, and subject to the disclosures set forth below in this subsection: (i) Buyer 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 Buyer are
authorized to do so; (iii) the execution of this Agreement by Buyer does not violate any provision
of any other agreement to which Buyer is a party; and (iv) except as may be specifically set forth
in this Agreement, no approvals or consents not heretofore obtained by Buyer are necessary in
connection with the execution of this Agreement by Buyer or with the performance by Buyer of
its obligations hereunder. Buyer hereby discloses to Seller 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 challenge for two years from the effective date of the legislation, should such legislation be
adopted.
(b) Seller represents and warrants to Buyer that: (i) Seller 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 Seller are authorized to do .
so; (iii) the execution of this Agreement by Seller does not violate any provision of any other
agreement to which Seller is a party; and (iv) except as may be specifically set forth in this
Agreement, no approvals or consents not heretofore obtained by Seller are necessary in
connection with the execution of this Agreement by Seller or with the performance by Seller of
its obligations hereunder.-
15.17 Entire Agreement: Amendment. Except as set forth above, this Agreement and
the exhibits incorporated herein contain the entire agreement of Buyer and Seller with respect to
the matters contained herein, and no prior agreement or understanding pertaining to any such
matter shall be effective for any purpose. No provisions of this Agreement may be amended or
modified in any manner whatsoever except by an agreement in writing signed by duly authorized
officers or representatives of each of the parties hereto.
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[END -- SIGNATURE PAGE FOLLOWS]
-13-
Q82
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"
SCOTT M. KING
CHARLES HYATT KING III
MARJORIE ANN KING
RONALD A. FLORIA
UNION HOME, LOAN, INC.
By:
Printed Name:
DEFINED BENEFIT PENSION TRUST
By:
Printed Name:
TRUST COMPANY OF AMERICA,
CUSTODIAN FOR ANAHEIM
CARDIOLOGY, INC. FBO DAVID C.
SANGER, MD. ACCOUNT #58192
By:
Printed Name:
119/015610-0048
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083
119/0166M0048
2161469.2 a06/13/11
WANG QIN CHEN
SOLOMON ALEXANDER MIZRAHI,
TRUSTEE OF THE SOLOMON
ALEXANDER MIZRAHI LIVING TRUST
DATED JUNE 11, 1990
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/97
WALTER J. HOLIDAY, TRUSTEE, OR
SUCCESSOR TRUSTEE, UNDER THE
WALTER J. HOLIDAY FAMILY TRUST
DATED FEBRUARY 11, 1997
EQUITY TRUST COMPANY CUSTODIAN
FBO BRENDA C. SMITH MD. IRA #31688
By:
Printed Name:
CLYDE J. STANLEY, TRUSTEE OF THE
STANLEY TRUST DATED OCTOBER 30,
1992
ERIKA STANLEY, TRUSTEE OF THE
STANLEY TRUST DATED OCTOBER 30,
1992
-15-
u 084
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/1997
UNION HOME LOAN PROFIT SHARING
PLAN
By:
Printed Name:
RONNIE HARPER, TRUSTEE OF THE
RONNIE BENNY HARPER REVOCABLE
LIVING TRUST DATED OCTOBER 31,
2002
"Buyer"
LA QUINTA REDEVELOPMENT AGENCY,
a public body, corporate and politic
m
ATTEST:
Executive Director
Veronica J. Montecino, CMC City Clerk
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
M. Katherine Jenson, Agency Counsel
[end of signatures]
119ro15610M48
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p5
Escrow Holder agrees to act as Escrow Holder in accordance with the terms of this Agreement
1191015610-Dori u 086
2161469.2 a06/13/11 -17-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the State of California, County of Riverside, City of
La Quinta, and is described as follows:
Parcel 1:
Lot 3, 4, 5, 6, 7, 8, 9, 10 in Block 123, Santa Carmelita at Vale La Quinta, Unit 14 as shown by
Map on file in Book 18 Pages 82 and 83 of Maps, records of Riverside County, California
Parcel 2:
Lot 11 in Block 123, Santa Carmelita at Vale La Quinta, Unit 14, as shown by Map on file in
Book 18 Pages 82 and 83 of Maps, records of Riverside County, California.
Along with that Portion of Calle Tampico as described in Resolution No, 2006-101, recorded
October 17, 2006 as Instrument No. 2006-0762027of Official records of said County.
Excepting therefrom that Portion of Lot 11, Block 123, as shown by Map of Unit No. 14,
Santa Carmelita at Vale La Quinta on file in Book 18 Pages 82 and 83 of Maps, records of
Riverside County, California, more particularly described as follows:
Commencing at the Northeast Comer of said Lot 11;
Thence North 890 56' 26" West along the North line of said Lot 11 a distance of 63.92 feet
to the true point of beginning;
Thence continuing North 89° 56' 26" West along said North line a distance of 16.06 feet to
the beginning of a tangent curve concave and Southeasterly having a radius of 20.00 feet;
Thence Southwesterly, along said curve, through a Central Angle of 90' 08' 12" an arc
distance of 31.46 feet to a point on the Westerly line of said Lot 11;
Thence South 00' 04' 38" East along said Westerly line a distance of 7.32 feet;
Thence leaving said Westerly line, North 40° 12' 47" East, a distance of 32.33 feet to a point
on a non -tangent curve, concave Northwesterly having a radius of 1250.00 feet through
which point a radial line bears South 09' 29' 48" East;
Thence Northeasterly along said curve through a Central Angle of 00' 42' 23" an arc distance
of 15.41 feet to a point on said Northerly line of said Lot 11, through which point a radial line
bears South 10' 12' 13" East, and being the true point of beginning.
Assessor's Parcel No: 773-076-002, -003, -004, -005, -010, -011, -012, -013
119/015610-0048 N
2161469.2 ao6/13/11 EXHIBIT "A"
EXHIBIT KB"
FORM OF GRANT DEED
[SEE FOLLOWING PAGES]
119/016610-Mg
2161469.2 aO6/13/11 EXHIBIT "B" -
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Attn: City Manager
SPACE ABOVE TERS LINE FOR RECORDER'S USE
(Exempt from Recordation Fee per Gov. Code § 27383)
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
(jointly, severally,
and collectively, the "Grantor"), hereby grants to the CITY OF LA QUINTA, a California
municipal corporation and charter city ("Grantee"), that certain real property ("Property")
located in the City of La Quinta, County of Riverside, State of California, legally described on
Exhibit "A" attached hereto.
"Grantor"
6NN1ltllMIA 10411
CHARLES HYATT KING III
MARJORIE ANN KING
RONALD A. FLORIA
UNION HOME LOAN, INC.
L-2
DEFINED BENEFIT PENSION TRUST
119/015610-M8 1
2161469.2 a06/13/11
.,u OB9
TRUST COMPANY OF AMERICA
CUSTODIAN FOR ANAHEIM
CARDIOLOGY, INC., FBO DAVID C.
SANGER, MD. ACCOUNT #58192
By:
WANG QIN CHEN
SOLOMON ALEXANDER MIZRAHI,
TRUSTEE OF THE SOLOMON
ALEXANDER MIZRAHI LIVING TRUST
DATED JUNE 11, 1990
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/97
WALTER J. HOLIDAY, TRUSTEE, OR
SUCCESSOR TRUSTEE, UNDER THE
WALTER J. HOLIDAY FAMILY TRUST
DATED FEBRUARY 11, 1997
EQUITY TRUST COMPANY CUSTODIAN
FBO BRENDA C. SMITH MD. IRA #31688
CLYDE J. STANLEY, TRUSTEE OF THE
STANLEY TRUST, DATED OCTOBER 30,
1992
ERIKA STANLEY, TRUSTEE OF THE
STANLEY TRUST, DATED OCTOBER 30,
1191015610-0048
2161469.2 a06113/11 -2- O
a
1992
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/97
UNION HOME LOAN PROFIT SHARING
PLAN
RONNIE HARPER, TRUSTEE OF THE
RONNIE BENNY HARPER REVOCABLE
LIVING TRUST, DATED OCTOBER 31,
2002
119/015610-0048
91
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-3-
•, 11
0
GRANTEE'S ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
2011, from
(jointly, severally, and collectively, the "Grantor'), to the CITY OF LA QUINTA, a California
municipal corporation and charter city ("City"), is hereby accepted by the undersigned officer or
agent on behalf of the City pursuant to authority conferred by Resolution No. 2002-186, adopted
by the City Council on June 18, 2002, and the City consents to recordation thereof by its duly
authorized officer.
Dated:
2011
City Manager
119/016610-0048
2161469.2 a06/13111 4 R 092
92
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
119/015610-0048
2161469.2 a06113111 5 It
EXHIBIT "A"
TO GRANT DEED,
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the State of California, County of Riverside, City of
La Quinta, and is described as follows:
Parcel 1:
Lot 3, 4, 5, 6, 7, 8, 9, 10 in Block 123, Santa Carmelita at Vale La Quinta, Unit 14 as shown by
Map on file in Book 18 Pages 82 and 83 of Maps, records of Riverside County, California
Parcel 2:
Lot 11 in Block 123, Santa Carmelita at Vale La Quinta, Unit 14, as shown by Map on file in
Book 18 Pages 82 and 83 of Maps, records of Riverside County, California.
Along with that Portion of Calle Tampico as described in Resolution No, 2006-101, recorded
October 17, 2006 as Instrument No. 2006-0762027of Official records of said County.
Excepting therefrom that Portion of Lot 11, Block 123, as shown by Map of Unit No. 14,
Santa Carmelita at Vale La Quinta on file in Book 18 Pages 82 and 83 of Maps, records of
Riverside County, California, more particularly described as follows:
Commencing at the Northeast Corner of said Lot 11;
Thence North 89° 56' 26" West along the North line of said Lot 11 a distance of 63.92 feet
to the true point of beginning;
Thence continuing North 890 56' 26" West along said North line a distance of 16.06 feet to
the beginning of a tangent curve concave and Southeasterly having a radius of 20.00 feet;
Thence Southwesterly, along said curve, through a Central Angle of 90' 08' 12" an are
distance of 31.46 feet to a point on the Westerly line of said Lot 11;
Thence South 00' 04' 38" East along said Westerly line a distance of 7.32 feet;
Thence leaving said Westerly line, North 40' 12' 47" East, a distance of 32.33 feet to a point
on a non -tangent curve, concave Northwesterly having a radius of 1250.00 feet through
which point a radial line bears South 09' 29' 48" East;
Thence Northeasterly along said curve through a Central Angle of 00' 42' 23" an arc distance
of 15.41 feet to a point on said Northerly line of said Lot 11, through which point a radial line
bears South 10* 12' 13" East, and being the true point of beginning.
Assessor's Parcel No: 773-076-002, -003, -004, -005, -010, -011, -012, -013
119/015610-0048
2161469.2 aM13111 6 b 094
119/015610-0048
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EXHIBIT "C"
FORM OF AFFIDAVIT OF NON -FOREIGN ENTITY
[SEE FOLLOWING PAGE]
EXHIBIT "C"
p 095
AFFIDAVIT OF NON -FOREIGN ENTITY
TO: LA QUINTA REDEVELOPMENT AGENCY ("Buyer")
The Internal Revenue Code of 1954 ("Code") (26 U.S.C. Sections 1445, 7701) provides that a
transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
To inform the transferee that withholding of tax is not required upon transfer of that certain U.S.
real property interest described in Exhibit "A" to the Agreement for Purchase and Sale and
Escrow Instructions dated, 2011, and incorporated herein by reference
("Property"), that the undersigned ("Seller") hereby certifies the following:
1. Seller is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as
those terms are defined in the Internal Revenue Code and Income Tax Regulations); and
2. The U.S. taxpayer identification number for Seller is ; and
3. The address for mailing purposes of Seller is:
and
4. Seller understands that this certification may be disclosed to the Internal Revenue Service
by .Buyer and that any false statement contained herein could be punished by fine,
imprisonment, or both.
Under Penalties of perjury, I declare that I have examined this Certification and to the best of my
knowledge and belief, it is true, correct; and complete, and I further declare that I have authority
to sign this document on behalf of Seller.
SCOTT M. KING
CHARLES HYATT KING III
MARJORIE ANN KING
RONALD A. FLORIA
UNION HOME LOAN, INC.
Lfi
119/015610-0048
2161469.2 a06/13/11
119/015610-0049
2161469.2 a06113/1I
DEFINED BENEFIT PENSION TRUST
By:
Its:
TRUST COMPANY OF AMERICA
CUSTODIAN FOR ANAHEIM
CARDIOLOGY, INC., FBO DAVID C.
SANGER, MD. ACCOUNT #58192
By:
Its:
WANG QIN CHEN
SOLOMON ALEXANDER MIZRAHI,
TRUSTEE OF THE SOLOMON
ALEXANDER MIZRAHI LIVING TRUST
DATED JUNE 11, 1990
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/97
WALTER J. HOLIDAY, TRUSTEE, OR
SUCCESSOR TRUSTEE, UNDER THE
WALTER J. HOLIDAY FAMILY TRUST
DATED FEBRUARY 11, 1997
EQUITY TRUST COMPANY CUSTODIAN
FBO BRENDA C. SMITH MD. IRA #31688
CLYDE J. STANLEY, TRUSTEE OF THE
STANLEY TRUST, DATED OCTOBER 30,
u C.97
1191015610-0048
2161469.2 e06/13/11
1992
ERIKA STANLEY, TRUSTEE OF THE
STANLEY TRUST, DATED OCTOBER 30,
1992
GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER
TRUST DATED 2/19/97,
UNION HOME LOAN PROFIT' SHARING
PLAN
By: "
RONNIE HARPER,, TRUSTEE `'OF THE
a 098
AGREEMENT FOR PURCHASE AND SALE AND
ESCROW INSTRUCTIONS
BY AND BETWEEN
SCOTT M. KING, CHARLES HYATT KING III, MARJORIE ANN KING, RONALD A.
FLORIA, UNION HOME LOAN, INC., DEFINED BENEFIT PENSION TRUST, TRUST
COMPANY OF AMERICA, CUSTODIAN FOR ANAHEIM CARDIOLOGY, INC., FBO
DAVID C. SANGER, MD. ACCOUNT #58192, WANG QIN CHEN, SOLOMON
ALEXANDER MIZRAHI, TRUSTEE OF THE SOLOMON ALEXANDER MIZRAHI
LIVING TRUST DATED JUNE 11,1990, GEORGE J. NAFF, TRUSTEE OF THE
GEORGE NAFF FAMILY TRUST UNDER TRUST DATED 2/19/97, WALTER J.
HOLIDAY, TRUSTEE, OR SUCCESSOR TRUSTEE, UNDER THE WALTER J.
HOLIDAY FAMILY TRUST DATED FEBRUARY 11,1997, EQUITY TRUST
COMPANY CUSTODIAN FBO.BRENDA C. SMITH MD. IRA #31688, CLYDE J.
STANLEY,,ERIKA:STANLEY, TRUSTEES OF THE STANLEY TRUST, DATED
OCTOBER 30,1992 GEORGE J. NAFF, TRUSTEE OF THE GEORGE NAFF FAMILY
TRUST UNDER TRUST DATED 2/19/97, UNION HOME LOAN PROFIT SHARING
PLAN, and RONNIE HARPER, TRUSTEE OF THE RONNIE BENNY HARPER
REVOCABLE LIVING TRUST, DATED OCTOBER 31, 2002
(JOINTLY, SEVERALLY, AND COLLECTIVELY, "SELLER")
:/�]
LA QUINTA REDEVELOPMENT AGENCY
(`BUYER")
June 12011
119/015610-0048 a 099
2161469.2 a06/13/11
IO �
COUNCIL/RDA MEETING DATE June 14, 2011
ITEM TITLE: Approval to Award a Contract to
Construct the New Traffic Signal and Street
Improvements at Dune Palms Road and "A" Street,
Project No. 2009-10
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 1
STUDY SESSION:
PUBLIC HEARING:
Award a contract to Hazard Construction Company, in the amount of $1,155,686,
to construct the New Traffic Signal and Street Improvements at Dune Palms Road
and "A" Street, Project No. 2009-10; and appropriate additional Redevelopment
Agency Project Area Number 2 Low/Mod funds in the amount of $171,234.
FISCAL IMPLICATIONS:
In order to avoid the need to excavate the new roadway after it is completed, the
project bid documents for the proposed improvements included the installation of
utilities (e.g. the domestic water system, sanitation system, and electrical service)
improvements that will ultimately serve the Coral Mountain Apartments Project.
The costs to install these utilities were not originally included within the approved
budget for the traffic signal and street improvements. The bid received from the
Hazard Construction Company for these improvements (Base Bid Area 2) was
$130,570. Considering this amount along with the additional design costs and
contingency, staff recommends the City Council appropriate an additional
$171,234 from Redevelopment Agency Project Area Number 2 Low/Mod funds.
Adequate funding is available to support the additional appropriation. The following
is the recommended funding and funding sources:
Transportation DIF: $215,000
Developer Funding: $215,000
General Fund: $150,910
RDA PA 2 Low Mod: $521,159
RDA Project Area No. 2 $500,835
Total Funding: $1,602,904
a 1GO
Considering the lowest responsive bid received from the Hazard Construction
Company, in the amount of $1,155,686, the following is the anticipated budget for
Project No. 2009-10:
Construction:
$1,155,686
Design:
$140,000
Inspection/Testing/Survey:
$90,000
Professional:
$50,000
Administration:
$21,500
Contingency:
$145,718
Total Estimated Expenditures: $1,602,904
CHARTER CITY IMPLICATIONS:
Project No. 2009-10 is partially funded with RDA Project Area No. 2 Funds. The
project is subject to prevailing wage requirements.
BACKGROUND AND OVERVIEW:
Project No. 2009-10 is located on Dune Palms Road at the entry to the former
Sam's Club development and the newly aligned "A" Street (Attachment 1). The
proposed improvements include the installation of a new traffic signal,
modifications to the Sam's Club entry driveway, and a new street ("A" Street) to
the east. "A" Street is intended to be a new roadway that will provide access to
the Coral Mountain Apartments affordable housing project and will continue past
that development and ultimately connect Dune Palms Road with the Komar Center
(Costco). Because the Coral Mountain Apartments development will not take
access from Highway 111, a portion of "A" Street is a necessary element of that
affordable housing project. The proposed improvements along "A" Street include
new domestic water and sanitation sewer systems, and new electrical service for
the future use of the proposed Coral Mountain Apartments development.
On April 15, 2008 the City Council adopted Resolution 2008-023 approving the
Fiscal Year 2008-2009 through 2012-2013 Capital Improvement Program (CIP).
The New Traffic Signal at Dune Palms Road and Retail Center (formerly the Sam's
Club) is included within the adopted CIP and scheduled for funding during Fiscal
Years 2008-2009.
On April 21, 2009 the City Council adopted Resolution 2009-033 approving the
Fiscal Year 2009-2010 through 2013-2014 CIP and making certain findings
pursuant to Health and Safety Code Section 33445(a). The "A" Street Extension
(Dune Palms Road easterly to Komar Center) is included within the adopted CIP and
scheduled for funding during Fiscal Years 2009-2010.
On July 21, 2009, the City Council authorized staff to distribute a Request for
Proposal (RFP) to obtain professional engineering services to prepare the plans,
specifications and engineer's estimate (PS&E) for the New Traffic Signal and Street
Improvements at Dune Palms Road and "A" Street, Project No. 2009-10, and
appointed a consultant selection committee.
On September 15, 2009, the City Council approved a Professional Services
Agreement (PSA), in the amount of $79,296, with VA Consulting, Inc. to prepare
the PS&E for the New Traffic Signal and Street Improvements at Dune Palms Road
and "A" Street, Project No. 2009-10.
On May 17, 2011, the City Council approved the PS&E of probable construction
costs, and authorized staff to advertise the New Traffic Signal and Street
Improvements at Dune Palms Road and A Street, Project No. 2009-10, for bid.
On June 7, 2011, the City Council approved a Standard Domestic Water System
and Sanitation System Installation Agreement with the Coachella Valley Water
District for the Coral Mountain Apartments, and authorized the City Manager to
execute the agreement and easement documents subject to minor revisions by the
City Attorney.
On June 9, 2011, the City received two (2) sealed bids for the construction of this
project. A detailed bid comparison summary is provided for the City Council's
review as Attachment 2. The Hazard Construction Company submitted the lowest
responsive bid in the amount of $1,155,686.
Contingent upon City Council's approval to award a contract to construct the
project on June 21, 2011, 2011, the following is the project schedule:
City Council Awards Construction
Contractor Executes Contract
Construction (5 months)
Accept Improvements
FINDINGS AND ALTERNATIVES:
June 21, 2011
On or Before June 30, 2011
July 2011 — November 2011
December 2011
The alternatives available to the City Council include:
1. Award a contract to the Hazard Construction Company, in the amount of
$1,155,686, to construct the New Traffic Signal and Street Improvements
at Dune Palms Road and "A" Street, Project No. 2009-10; and appropriate
..Q 102
additional Redevelopment Agency Project Area Number 2 Low/Mod funds in
the amount of $171,234; or
2. Do not award a contract to the Hazard Construction Company, in the
amount of $1,155,686, to construct the New Traffic Signal and Street
Improvements at Dune Palms Road and "A" Street, Project No. 2009-10;
and do not appropriate additional Redevelopment Agency Project Area
Number 2 Low/Mod funds in the amount of $171,234; or
3. Provide staff with alternative direction.
Respectfully submitted,
4im
othy R. sson E.
Public Wor irecto ity Engineer
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Vicinity Map
2. Bid Comparison Summary
.N 1
103
ATTACHMENT 1
VICINITY MAP
104
CITY OF EA QUINTA 'ATTACHMENT 2
2009-10
NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND -A• STREET
ENGINEER'S ESTIMATE REVISED
M.0 Conwctbn
Cogry Lorobugion
REM
NO.
DESCRIPTION
I OTY
UNIT
UNITPRICE
EXTENDED PRICE
UNIT PRICE
EXTENDED PRICE
UNIT PRICE
EXTENDED PRICE
SMP Bitl
A. 1
1
MOBILIZATION
1
LS
$60000.00
860000.00
830000.00
$30000.00
076GG0.00
178000.00
2
TRAFFIC CONTROL
1
LS
$25000.00
625000.00
1102000.Op
0102000.00
420200.00
820200.00
3
DUST CONTROL
1
LS
$10000.00
610.000.00
IJ 000.00
$7000.00
OB 200.00
68 20000
4
SWPPP PREPARATION AND
IMPLEMENTATION
1
LS
11,5000D
611500.00
12,000.00
82,000.00
{).5000O
17.500.00
5
CLEARING AND GRUBBING
1
LS
0100000.00
810000000
040000.00
840000.00
157000.00
$57000.00
6
ROADWAY EXCAVATION
1000
CY
$45.00
845000.00
$50.00
6500G0.00
$23.00
823000.00
)
EARTHWORK
1950
CYr$5W..W
039000.00
$8.50
116575.00
$5.70
$11115.00
8
COLD MILL 11.51N MINIMUM
3800
SF
82850.00
{OJ5
$0.54
62850.00
80.64
$0.64
82432.00
9
SLURRY SEAL TYPE 21
56000
SF
6135w,
/28160.00
8$2432.00
10
AC PAVEMENT OVERLAY 11.5'1
3,800
SF
13,800.00
$0.75
42850.00
$1.37
65206.00
11
14.5- AC OVER 6- CAB)
16,000
SF
652.000.00
$3,50
058,000.00
$3.46
$55.360.00
12
(6-ACOVER ]'CASI
17.000
SE
6681000.00
84.25
172.250.00
$4.20
571,400.00
13
ASPHALT CONCRETE PAVEMENT SLOT
PAVING I10' AC
120D
SF
$6,300.00
610.00
012,000.
18.40
0101080.00
14
ADJUST SANITARY SEWER CLEANOUT
TO GRADE
I
EA
$350.00
t8wDO
8800.00
6300.00
0300.00
15
RELOCATE SANITARY SEWER CLEANOUT
1
EA
850000
81,600.00
61,600.00
011960.00
$1.060.00
16
ADJUST SANITARY SEWER MANHOLE TO
GRADE
2
EA
$750.00
81.500.00
MOD0.00
82,000.00
$1.030.00
62,060.00
17
ADJUST WATER VALVE TO GRADE
6
EA
6350.00
$210000
6600.00
13,6W.W1
$244.00
11464.00
18
CATCH BASIN 1) FTL
1
EA
83 000.00
63,000.
85 800.00
$5.800.001
85100 00
65 100.00
19
CATCH BASIN 14 FT
1
FA
{6 000.00
t6000.00
07500.00
8750000
17100.00
/> 100.00
20
CUTOFF WALL
2
EA
0250.00
8500.00
0350.00
0700.00
870000
41 400.00
21
MASONRY RETAINING WALL
650
SF
$58.DO
137J00.00
/40.00
826000.
039.00
$25350.00
32
FCC CURB AND GUTTER 161NI
BOO
LF
830.00
i24000.00
825.GO
R0000.0
$17.00
813600.00
23
PCC CURB I6 INI
1]50
LF
625.00
$43750.0
{10.00
i17500.00
$13.30
$23275.00
24
FCC BUS TURNOUT
1200
SF
612.00
11440000
810.00
i12000.00
07.60
$9120.00
25
KC CROSS GUTTER
4,750
SF
/10.00
44) 500.00
$6.75
$32062,50
$8.10
$38 4J5.00
26
PCCSIDEWALK
7800
SF
MOD
t46800.00
03.00
6234000
$3.74
$29172.00
27
CONCRETE LINING
225
SF
820.00
84500.00
030.00
16750.00
$27.00
$607500
28
FCC CURB RAMP
1000
SF
$12.00
$12000.00
17.00
87000.00
08.00
$8000.00
29
KC RAMP WITH RAILINGS
410
SF
$20.00
88 200.00
i12.00
84 920.
$14.20
05 822.00
30
GUTTER DEPRESSION 14 FT CB
1
EA
11500.00
81500.00
1700.00
$700.00
01070.00
t1 W0.00
31
GUTTER DEPRESSION D FT C81
1
EA
11 000.00
81 000.00
$350.00
8350.00
6870.00
1870.GO
32
UNDER SIDEWALK GRAIN WITH GUTTER
DEPRESSION
1
EA
011500.00
111500.00
81,2000O
81,200.
64,250.00
84,25000
33
KC MEDIAN PAVEMENT
3250
SF
STOO
t22750.00
IBM
019500.00
15.40
81]550.00
34
BARRICADE
1
EA
83000.00
i3000.00
8100000
01000.OD
$4100.00
44100.00
35
is IN RCP
105
OF
8140.00
014]00.00
112200
$12810.00
135.00
{3 W5.00
36
ROCK SLOPE PROTECTION IF.iw 75 @.1
INC. FILTER FABRIC
35
CY
$100.00
63,500.00
$250.00
88,750.00
826.00
t910.00
37
INTERCEPTOR DRAIN
265
LF
820.00
85300.00
145.00
$11925.
816SO
{43)250
38
DOWN DRAIN
30
LF
830.00
$SO(L
I65.00
$1950.00
$43,50
01305.00
39
MAXWELL DRAINAGE SYSTEM
1
EA
150000.00
850000.00
624000.00
824000.00
028000.00
128000.00
40
SIGNING STRIPING AND MARKERS
1
LS
$18.500.00
81850DOO
015000.00
815000.00
816200.00
818200.00
41
TRAFFIC SIGNAL CONSTRUCTION
1
LS
0183000.00
0183000.00
t2lO,OD000
8210000.00
0202000.00
620200000
42
21N INTERCONNECT CONDUIT 1'A' ST TO
HWY 111
1045
LF
$12.00
$12,540.00
08.50
48,882.50
$14,10
$14,734.50
43
SIGNAL INTERCONNECT CABLE I -A' ST
TO HWY 111
1 540
LF
85.00
1)J00.00
$2.75
14,235.00
$2.70
$4,158.00
M
INTERCONNECT NO. 5 PULL BOX ('A' ST
O HWY 111
6
EA
1400.00
12,400.
1225.01)
81.350.00
8240.00
01,440.0
45
LANDSCAPING AND IRRIGATION
1
LS
8155500.00
1155500.00
09000GOO
890000.00
099000.00
899000.00
SUBTOTAL:
41 163 540.00
11 005 8)0.00
1848 841.00
U. Bid
Al 2
46
8-IN VCP SEWER
LFM$9O,w*32,040.W
14900.00
$80.00
85800.00
143.00
$3010.00
Q
TO VCP SEWER
LF
19200.GO
i100.00
$11500.00
$"LOO
$5520.00
48
48 IN SEWER MANHOLE
EA
'TO 5G0.00
04500.00
113500.00
44250.00
$12750.00
49
MECHANICAL PLUG
EA
0350.00
$300.00
0300.00
i490.00
$490.00
50
CONNECTION TO EXISTING SEWER I
SEWER MANHOLE
EA
16,000.00
811500.00
84,500.00
43,140.00
$9,420.00
51
12 IN DIP WATER WITH RESTRAINED
JOINTS AND POLYETHYENE
ENCASEMENT52
r356
LF
t32,04000
$J0.00
824.920.00
$J3.00
$25,988.00
12 IN DI FITTINGS WITH THRUST BLOCKEA
t5,100.00
8600.00
63.600.00
81.140.00
66,840.00
53
6'IN WET BARRREL FIRE HYDRANT
ASSEMBLY
EA
14,500.00
0101000.00
8101000.00
$5,200.00
t5,200.00
54
64N BLOWOFF ASSEMBLY
1
EA
63 OOOOO
MOOD.
05 600.00
15 60DOD
13.500.001
03 50000
55
2'IN AIR RELEASE AND AIR I VACUUM
VALVE
1
EA
82.200.00
12,200.00
851500.00
65,500.00
64,000.00
64,000GO
56
12-IN DI GATE VALVE
I
EA
81500.00
11500.00
83200.00
63200.00
$2120.00
6212000
57
6-IN DI FITTINGS WITH THRUST BLOCK
2
EA
8400.00
880000
$325.00
4650.00
FBI0.00
81 62000
58
ADJUST ELECTRICAL VAULT TO GRADE
AND PROVIDE TRAFFIC RATED VAULT LID
I
EA
t5,00000
85.000.00
84.600.00
$4,600.GO
$3,600,00
$3,600.60
59
INTERCEPT EXISTING AND INSTALL 4"
CONDUIT
100
LF
62200
82.200.00
621 00
121100.00
$32.60
031260.00
60
I6'NTERCEPT EXISTING AND INSTALL 3-
CONDURS ICONCRETE ENCASED
1000
LF
$4500
045.000.00
$35.00
035,000.00
$116.00
$116.000.00
SUBTOTAL:
{132.290.00
0130.570.00
$203.318.50
4tl6BYA
AX1mM8 BM Am 1
81
21N INTERCONNECT CONDUIT VA' ST TO
AVE 481
1 3]0
IT
$12,00
016.440.00
89.00
812,330.00
$14.10
$19,317.00
62
SIGNAL INTERCONNECT CABLE I' AST
TO AVE 48
1715
LF
$5,00
$81575.00
$2.75
$4.716.25
02.60
$4,459,00
63
INTERCONNECT NO, 5 PULL BOX I' A' ST
TO AVE 481
]
EA
$,,DO 00
62,800.00
8300.00
82,100.00
8240.00
$1.680.00
SUBTOTAL:
627.815.W
419146.25
$25456.00
TOTAL (BASE BIDS 12 h ADDITIVE ALTERNATE: I it 023645.00
41155686.25
$1177615.00
105
T4ty,, 4 4 Q"
AGENDA CATEGORY: I
BUSINESS SESSION: `
COUNCIL/RDA MEETING DATE: June 14, 2011 CONSENT CALENDAR:
ITEM TITLE: STUDY SESSION:
PUBLIC HEARING:
Consideration of Appointments to Various City Boards,
Commissions, and Committees
RECOMMENDATION:
Approve the selection of:
1) Two appointees to two-year terms on the Planning Commission;
2) One appointee to a three-year term on the Investment Advisory Board;
3) One appointee to a three-year term on the Palm Springs Airport Commission;
4) Four appointees, three non -tenants to two-year terms; and one tenant to a one-year
term on the Housing Commission;
5) Two appointees to two-year terms on the Architectural Review Committee; and
6) Three appointees to two-year terms on the Community Services Commission.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
The City Clerk Department published a notice in The Desert Sun on April 21, and May
11, 2011, in the April and May 2011 issues of the La Quinta Gem, and the May 201.1
City Newsletter, notifying the public of the expiring terms for City Boards,
Commissions and Committees. All members of Boards, Commissions and Committees
whose terms are expiring this year were invited to reapply, and the deadline for
receiving applications was May 20, 2011, at 5:00 p.m.
p 106
The following Boards, Commissions and Committees will have vacancies as of. June
30, 2011:
1. Planning Commission - two (2) vacancies, two-year terms. The terms currently
held by Commissioners Paul Quill and Robert Wilkinson expires June 30, 2011.
The terms held by Commissioners Edward Alderson, Katie Barrows and Mark
Weber are not scheduled to expire until June 30, 2012.
,Commissioner Wilkinson has submitted an application for reappointment, and
additional applications have been received from Frank Blum, Leo Knasiak, Bob
Leidner, Steve Sanchez, Murray Todd, and Robert Wright. (Attachment 1)
2. Investment Advisory Board - one (1) vacancy, three-year term. There is a
current vacancy for a term expiring June 30, 2011. The term held by
Commissioner Frank Blum is not scheduled to expire until June 30, 2012. The
terms held by David Park, Andrea Spirtos; and Kurt Mortenson are not
scheduled to expire until June 30, 2013. One application has been received
from Jennifer Donais. (Attachment 2)
3. Palm Springs Airport Commission - one (1) vacancy, three-year term. The term
currently held by Commissioner Nancy Doria will expire on June 30, 2011.
Applications have been received from Peter Freymuth and Robert Teal.
(Attachment 3)
4. Housing Commission - four (4) vacancies, three (3) non -tenant two-year terms
and one (1) tenant one-year term. The three non -tenant terms currently held by
Commissioners Teresa La Rocca, Sue Leidner, and John Jamison will expire on
June 30, 2011. There is a current tenant vacancy for a term expiring on June
30, 2012. The term held by Commissioner Pam Dorsey is not scheduled to
expire until June 30, 2012.
Commissioners La Rocca and Leidner have submitted applications for
reappointment, and one application has been received for a tenant/tenant age
62+position (see list below). (Attachment 4)
Non -Tenant
Teresa La Rocca
Sue Leidner
Tenant/Tenant Age 62+
William Hunter
5. Architectural Review Committee - two (2) vacancies, two-year terms. The
terms held by Committee Members Jason Arnold and David Thorns are
scheduled to expire on June 30, 2011. The term currently held by Committee
Member Kevin McCune is not scheduled to expire until June 30, 2012.
Commissioners Arnold and Thoms have submitted applications for
reappointment, and additional applications have been received from Richard
Gray and Ray Rooker. (Attachment 5)
101
6. Community Services Commission — three (3) vacancies, two-year terms. The
terms for Commissioners Sharrell Blakeley, Michele Lawrence, and Robert
Leidner expire on June 30, 2011. The terms for Commissioners Heather Engel
and Kathleen Fitzpatrick are not scheduled to expire until June 30, 2012.
Commissioners Blakeley, Lawrence and Leidner have submitted applications for
reappointment, and additional applications have been received from John Alford,
Michael Davis, Brian Hanrahan; Gerald London, Luz Moreno and Wayne
Wianecki. (Attachment 6)
Section 2.06.020(C) of the La Quinta Municipal Code states " . , al/ members of
boards, commissions and committees of the city appointed by the city council shall be
initially, and during their incumbencies, bona fide residents and registered voters of the
city..." Voter Registration could not be verified for applicants John Alford, Michele
Lawrence, Gerald London, and David Thorns. These applicants have been notified of
the requirement and provided with voter registration forms.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of two appointees to two-year terms on the Planning
Commission; one appointee to three-year term on the Investment Advisory
Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the Architectural Review Committee; and three appointees to
two-year terms on the Community Services Commission; or
2. Do not approve the selections of two appointees to two-year terms on the
Planning Commission; one appointee to three-year term on the Investment
Advisory Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the architectural Review Committee; and three appointees to two-
year terms on the Community Services Commission; or
3. Provide staff with alternative direction.
u job
ly submitted,
Veronica J. nt6cino, CMC
City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Attachments 1 — Planning Commission Applications
2. Attachments 2 — Investment Advisory Board Applications
3. Attachments 3 — Palm Springs Airport Commission Applications
4. Attachments 4 — Housing Commission Applications
5. Attachments 5 — Architectural Review Committee Applications
6. Attachments 6 — Community Services Commission Applications
,M 109
PLANNING COMMISSION
APPLICATIONS
• BLUM
• KNASIAK
• LEIDNER
• SANCHEZ
• TODD
• WILKINSON
• WRIGHT
FRANK P.
LEO L.
BOB
STEVE
MURRAY A.
ROBERT
ROBERT "BOB" S.
19 1 1. 0
The following Boards, Commissions and Committees will have vacancies as of. June
30, 2011:
1. Planning Commission - two (2) vacancies, two-year terms. The terms currently
held by Commissioners Paul Quill and Robert Wilkinson expires June 30, 2011.
The terms held by Commissioners Edward Alderson, Katie Barrows and Mark
Weber are not scheduled to expire until June 30, 2012.
,Commissioner Wilkinson has submitted an application for reappointment, and
additional applications have been received from Frank Blum, Leo Knasiak, Bob
Leidner, Steve Sanchez, Murray Todd, and Robert Wright. (Attachment 1)
2. Investment Advisory Board - one (1) vacancy, three-year term. There is a
current vacancy for a term expiring June 30, 2011. The term held by
Commissioner Frank Blum is not scheduled to expire until June 30, 2012. The
terms held by David Park, Andrea Spirtos; and Kurt Mortenson are not
scheduled to expire until June 30, 2013. One application has been received
from Jennifer Donais. (Attachment 2)
3. Palm Springs Airport Commission - one (1) vacancy, three-year term. The term
currently held by Commissioner Nancy Doria will expire on June 30, 2011.
Applications have been received from Peter Freymuth and Robert Teal.
(Attachment 3)
4. Housing Commission - four (4) vacancies, three (3) non -tenant two-year terms
and one (1) tenant one-year term. The three non -tenant terms currently held by
Commissioners Teresa La Rocca, Sue Leidner, and John Jamison will expire on
June 30, 2011. There is a current tenant vacancy for a term expiring on June
30, 2012. The term held by Commissioner Pam Dorsey is not scheduled to
expire until June 30, 2012.
Commissioners La Rocca and Leidner have submitted applications for
reappointment, and one application has been received for a tenant/tenant age
62+position (see list below). (Attachment 4)
Non -Tenant
Teresa La Rocca
Sue Leidner
Tenant/Tenant Age 62+
William Hunter
5. Architectural Review Committee - two (2) vacancies, two-year terms. The
terms held by Committee Members Jason Arnold and David Thorns are
scheduled to expire on June 30, 2011. The term currently held by Committee
Member Kevin McCune is not scheduled to expire until June 30, 2012.
Commissioners Arnold and Thoms have submitted applications for
reappointment, and additional applications have been received from Richard
Gray and Ray Rooker. (Attachment 5)
101
6. Community Services Commission — three (3) vacancies, two-year terms. The
terms for Commissioners Sharrell Blakeley, Michele Lawrence, and Robert
Leidner expire on June 30, 2011. The terms for Commissioners Heather Engel
and Kathleen Fitzpatrick are not scheduled to expire until June 30, 2012.
Commissioners Blakeley, Lawrence and Leidner have submitted applications for
reappointment, and additional applications have been received from John Alford,
Michael Davis, Brian Hanrahan; Gerald London, Luz Moreno and Wayne
Wianecki. (Attachment 6)
Section 2.06.020(C) of the La Quinta Municipal Code states " . , al/ members of
boards, commissions and committees of the city appointed by the city council shall be
initially, and during their incumbencies, bona fide residents and registered voters of the
city..." Voter Registration could not be verified for applicants John Alford, Michele
Lawrence, Gerald London, and David Thorns. These applicants have been notified of
the requirement and provided with voter registration forms.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of two appointees to two-year terms on the Planning
Commission; one appointee to three-year term on the Investment Advisory
Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the Architectural Review Committee; and three appointees to
two-year terms on the Community Services Commission; or
2. Do not approve the selections of two appointees to two-year terms on the
Planning Commission; one appointee to three-year term on the Investment
Advisory Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the architectural Review Committee; and three appointees to two-
year terms on the Community Services Commission; or
3. Provide staff with alternative direction.
u job
ly submitted,
Veronica J. nt6cino, CMC
City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Attachments 1 — Planning Commission Applications
2. Attachments 2 — Investment Advisory Board Applications
3. Attachments 3 — Palm Springs Airport Commission Applications
4. Attachments 4 — Housing Commission Applications
5. Attachments 5 — Architectural Review Committee Applications
6. Attachments 6 — Community Services Commission Applications
,M 109
PLANNING COMMISSION
APPLICATIONS
• BLUM
• KNASIAK
• LEIDNER
• SANCHEZ
• TODD
• WILKINSON
• WRIGHT
FRANK P.
LEO L.
BOB
STEVE
MURRAY A.
ROBERT
ROBERT "BOB" S.
19 1 1. 0
6. Community Services Commission — three (3) vacancies, two-year terms. The
terms for Commissioners Sharrell Blakeley, Michele Lawrence, and Robert
Leidner expire on June 30, 2011. The terms for Commissioners Heather Engel
and Kathleen Fitzpatrick are not scheduled to expire until June 30, 2012.
Commissioners Blakeley, Lawrence and Leidner have submitted applications for
reappointment, and additional applications have been received from John Alford,
Michael Davis, Brian Hanrahan; Gerald London, Luz Moreno and Wayne
Wianecki. (Attachment 6)
Section 2.06.020(C) of the La Quinta Municipal Code states " . , al/ members of
boards, commissions and committees of the city appointed by the city council shall be
initially, and during their incumbencies, bona fide residents and registered voters of the
city..." Voter Registration could not be verified for applicants John Alford, Michele
Lawrence, Gerald London, and David Thorns. These applicants have been notified of
the requirement and provided with voter registration forms.
FINDINGS AND ALTERNATIVES:
The alternatives available to the City Council include:
1. Approve the selection of two appointees to two-year terms on the Planning
Commission; one appointee to three-year term on the Investment Advisory
Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the Architectural Review Committee; and three appointees to
two-year terms on the Community Services Commission; or
2. Do not approve the selections of two appointees to two-year terms on the
Planning Commission; one appointee to three-year term on the Investment
Advisory Board; one appointee to a three-year term on the Palm Springs Airport
Commission; four appointees, three non -tenants to two-year terms; and one
tenant to a one-year term on the Housing Commission; two appointees to two-
year terms on the architectural Review Committee; and three appointees to two-
year terms on the Community Services Commission; or
3. Provide staff with alternative direction.
u job
ly submitted,
Veronica J. nt6cino, CMC
City Clerk
Approved for submission by:
Thomas P. Genovese, City Manager
Attachments: 1. Attachments 1 — Planning Commission Applications
2. Attachments 2 — Investment Advisory Board Applications
3. Attachments 3 — Palm Springs Airport Commission Applications
4. Attachments 4 — Housing Commission Applications
5. Attachments 5 — Architectural Review Committee Applications
6. Attachments 6 — Community Services Commission Applications
,M 109
PLANNING COMMISSION
APPLICATIONS
• BLUM
• KNASIAK
• LEIDNER
• SANCHEZ
• TODD
• WILKINSON
• WRIGHT
FRANK P.
LEO L.
BOB
STEVE
MURRAY A.
ROBERT
ROBERT "BOB" S.
19 1 1. 0
ATTACHMENT
Date: May 15,2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON THE
RECEIVED
2011 nflP I? P11 9 02
LA QUINTA PLANNING COMMISSION
NAME: Frank P. Blum
CITY OF LA QUINTA
CITY CLERK'S OFFICE
HOME ADDRESS: 47840 Via Livorno, LaQuinta, CA 92253
(Must be a La Quints resident and eligible to vote in the City.)
TELEPHONE:. (HOME) 760-564-2410 BUSINESS: 760-701-9146
EMAIL: blummerf(a)yahoo.com FAX: 760-564-4559
BUSINESS ADDRESS: 78000 Fred Waring, Palm Desert, Suite 200, CA 92211
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD.
Senior Vice President, Coldwell Banker Commercial, Lyle & Associates
LENGTH OF RESIDENCE IN LA QUINTA: Seven Years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, on numerous occasions _
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
Please see attached Resume
FRANK P. BLUM
47840 Via Livorno La Quinta, CA 92253 760-701-9146
EDUCATION: Bachelor of Arts Degree in Economics,
California State University, Long Beach
Frank Blum has twenty-five years experience in banking, equity and debt financing, land acquisition,
entitlement, construction, marketing, project management; development of multi family, commercial, single-
family housing and real estate sales & acquisition. Skilled in conducting feasibility studies, cost break down
analysis, ROI, and budget analysis. Experienced in property acquisition, land acquisition and entitlement,
including presentationsbefore planning commissions and city councils for entitlements.
EMPLOYMENT:
June 2004 Present COLDWELL BANKER Relocated to the Coachella Valley and joined Coldwell
Banker Commercial. Represent buyers and sellers, landlords & tenants for commercial property, apartments,
raw land and subdivisions in development, sales and leasing.
2002 to 2004 REXFORD CAPITAL/George Smith Partners. Broker private and institutional equity to
builders & developers in Southern California. Focus was to builders that build between 25 and 500 homes,
Condominiums or Town homes per year.
2001 to 2002 GRANITE INVESTMENT GROUP. Director Capital Formation. Responsible for
underwriting projects and raising equity and mezzanine financing for this $700,000,000 apartment house owner,
including the financial modeling. The company acquires and repositions 100 to 500 unit multifamily apartment
buildings in the western states. The emphasis was to establish relationships with Wall Street and Pension Fund
equity sources.
1998 to 2001 WASHINGTON MUTUAL BANK. Manager Inland Empire construction lending division.
Responsible for opening and developing the Riverside county region (including the Coachella Valley) to
medium and large privately owned builders and developers. Duties included origination; underwriting and loan
management. Reporting included monthly and quarterly status, financial stability and completition probability.
Conducted and supervised the valuation, due diligence, financial modeling, and capital structure analysis.
Project financing included land acquisition, development and construction. This division had the responsibility
of developing $150,000,000 annually.
1972 to 1999 B.E. DEVELOPMENT/ REXFORD CAPITAL. Owner. Developer. Responsible for
development of multi -family, high end single-family detached housing, and commercial projects. Financial
responsibilities included raising equity capital from high net worth individuals. The duties included land
acquisition, entitlement, financing, bidding and managing all phases of the project from acquisition through
construction and sale, including presentations before planning commissions and city councils for approvals.
Projects include acquisition, renovation, financing and sale of multi -family units, a commercial strip center in
Long Beach, a PUD in the city of Orange and the construction and sale of waterfront homes in the Naples area
of Long Beach and Huntington Harbor, Huntington Beach (price range $800,000 to $3,000,000).
112
page 2
BUSINESS AND CIVIC ACTIVITIES
Appointed to the City of La Quinta Investment Advisory Board 2010
Appointed to the IID Board, ECAC 2008.
LaQuinta Rotary, President'09210, Treasurer'06/'07, Secretary'07/'08.
LaQuinta Chamber of Commerce member Board of Directors
Board of Directors, Boys Scouts of America, Long Beach
Past -President Bixby Hills Community Association.
Past -President, Presidents Associates, Cal. State University Long Beach.
Past -President, CSULB Athletic Foundation.
Past -Vice President Long Beach Rotary.
Board of Directors Long Beach Community Hospital Foundation
Board of Directors, Membership Chairman, Long Beach Grand Prix.
Board of Directors, Long Beach City College Foundation,
Chairman Audit Committee.
Member, International Council of Shopping Centers.
Past Member, Building Industry Association, National & Southern California.
Past Member, Mortgage Bankers Association.
DEVELOPMENT PROJECTS
Long Beach, Belmont Heights. Acquired strip center in this beach community. Rehabbed the building and
parking lot. Re -leased to new tenants that upgraded the interior spaces. Re -leased for long term, triple net terms
at 300% increase in income
The Mariposa, a 99 Unit nine story apartment building, in the Ambassador Hotel area of the mid Wilshire
district of Los Angeles. Completely rehabbed this class "A" building and arranged capital structures. The
building consisted of singles, one and two bedroom apartments.
The Gramercy, a 66 unit six story class "A" apartment building in the Hancock park section of the Mid Wilshire
district of Los Angeles. Rehabbed and re rented the building with fire doors and retrofitted with sprinklers to
comply with Los Angeles fire code.
The Rossmore, a 43 unit five story class "A" apartment building in the Hancock park section of the mid
Wilshire district. Financed, rehabbed and re rented this classic building.
Orange Park Acres subdivision. Acquired and entitled this five -acre Planned Unit Development (PUD) for a
gated four estate home development.
Long Beach Peninsula. 5511 Seaside walk. Acquired, demolished, rebuilt and sold this 3300 sq.ft. beach front
luxury home
Long Beach Peninsula. 5701 Bayshore walk. Acquired, rehabbed and sold this bay front home
Long Beach Peninsula. 5600 Seaside walk. Acquired and remarketed this ocean front lot
Long Beach Peninsula. 6701 Bayshore walk. Acquired this double lot. Split lots and sold to custom owner
builders.
.As 113
Huntington Harbor. Venture Dr., Trinidad Island. Acquired lot and remarketed to buyer to build his custom
home.
DRE License # 0114490
E-Mail: fblum @dc.rr.com
114
APPLICATION, PLANNING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning Commission.
It is the responsibility of the Planning Commission to implement the policies of the city as
established by the City Council and the Planning Commission as stated in sections
2.29.010, 020, 030 and 040; review all information from staff and applicants; attend
scheduled monthly and additional meeting as required; apply common sense in decision
making; and consider the impact of those decisions on neighboring projects, traffic,
schools, parks, etc.
What specific issues or problems face the La Quints Planning Commission and do you have any suggestions to
address those issues or problems?
The city has experienced a period of exceptional growth and development. In order to
insure the growth results in continuing desirability to new residents, a sound, well -
developed plan needs to be followed. This should be combined with an open-minded
attitude to flexibility and change. As the city grows, attention must be paid to
infrastructure, traffic flow, commercial and residential development, schools, public parks,
and facilities for all age groups.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the
La Quinta Planning Commission?
With 35 years in building, development, banking and exposure to community master
planning, I bring a broad background of experience to the Commission. I have made a
number of presentations before planning commissions and city councils which enables me
to understand the application process from both sides of the podium. I have served on
numerous boards of directors and committees where I have demonstrated good
interpersonal skills in interacting with fellow committee members, staff, and the public.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK
P. O. BOX 1504
78-495 CALLE TAMPICO
LA QUINTA, CA 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
/a
Date: May 19, 2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON THE
=r
LA QUINTA PLANNING COMMISSION
r o
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NAME: Leo L. KnasiakCn
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M
HOME ADDRESS: 76515 Avenida Ultimo, La Quinta CA 92253
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(Must be a La Quinta resident and eligible to vote in the City n
t
m
TELEPHONE: (HOME),760-296-3209 BUSINESS: N/A
EMAIL: Iknasiak@hotmail.com FAX:760-296-3209
BUSINESS ADDRESS N/A
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
LENGTH OF RESIDENCE IN LA QUINTA: 2.5 years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. t-iease De sure to mcwoe experiences relevant to Dunes vi uie pvauiVn yvu accn.
have a strong belief that Residents, of his or her community, should maintain some type of involvement in
ie continuing growth of their community. Elected Officials and City Employees, who represent the residents,
re not always able to make decisions that please everyone and need to seek out the advice from residents.
'he information received from these residents should be utilized to aid the Elected Official with their decision
rocess, which will ultimately affect the entire residential population.
iecause of my belief, I decided to submit my application for the La Quinta Planning Commission. My
redentials are various from having a Bachelors' Degree from the University of Eastern Michigan, in Business
lanagement with a minor in Finance, to obtaining various additional credit hours in Drafting and Design, that
rere taken in anticipation of obtaining an additional degree in Engineering. I also served my country as a
Ion -Commissioned Ordinance Officer, in the U.S. Army, during the Vietnam Conflict Era. I was a Michigan
relegate for the National Republican Party. For several years, while living in Michigan, I was President to
:anton Home Owners Association.
he majority of my work experience exposed me to the Controller's Office, within the WHQ of the Ford Motor
:ompany. The positions I held were various, which included Parts and Service Division Internal and External
,uditor, General Offices Financial Manager, Policy and Procedural Analytical Analyst and retired as
Inventory Manager.
116
APPLICATION, PLANNING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning
ly understanding of what an appointed member of the La Quinta Planning Commission is:
Commissioners serve at the discretion of the City Council.
Commissioners are Objective, Impartial and Knowledgeable of City Codes and Policies.
Commissioners should never allow themselves to be compromised.
Commissioners are capable of analyzing projects simple and complex.
Commissioners need to have the initiative to investigate and research projects, which they do not clearly understand and
now what the impact on the community the project will have.
Always come to meetings prepared and as knowledgable on the issue as possible.
vvnat specmc Issues or proolems race the La uulnta manning commission ano ao you nave any
to aaaress those Issues or
The issues and problems 1 feel needing to be addressed are City Codes and Policies, currently being use by the Planning
Commission and other City Departments.
My personal experience of several of these City Codes and Policies has caused me to challenge and dispute the
vagueness. Several are outdated and lead to and allow many to self interpretation. Allowing self interpretation will only
cause conflict between the residents and the City.
I feel these types of City Codes and Policies need to be addressed and rewritten to provide the guidelines for which
everyone can clearly understand. They need to be more speck, concise and uniform, which will help eliminate
misinterpretation and self interpretation and also provide examples, when appropriate.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Planninq Commission?
ites which I will be bringing to the Planning Commission are over 32 years of experience from the WHO of the Ford
Company, located in Dearborn Michigan. This invaluable experience has provided me with Leadership Skill
ence, Business Knowledge, and the ability to work with others to a compromise, openly and without being bias or
rom these years of experience it has also taught me to be vigilant, inquisitive and become knowledgeable. The decision
caking process that I abide by, must always insure and include any and all mandatory policies and insure that they are
learly understood, by everyone involved with the approval process for the project.
always try to maintain an independent view and a willingness to listen to and accept other opinions and views, which are
nder discussion.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submit Application
Date:, May 11., 2011
�,p`I 1 S zoa
dof Vk �Io
004
NAME: Bob Leidner
CITY OF LA QUINTA
APPLICATION TO SERVE
ON THE
LA QUINTA PLANNING COMMISSION
HOME ADDRESS: 56498 Palms Drive, La Quinta, CA 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME).760-564-4427 BUSINESS:760-564-8700
EMAIL: bobleidner@dc.rccom FAX:760-564-8667
BUSINESS ADDRESS 56498 Palms Drive, La Quinta, CA 92253
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
Best Practices Network, Inc. President(CEO
LENGTH OF RESIDENCE IN LA QUINTA: 8+years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
refer to the attachments
APPLICATION, PLANNING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planninq
refer to the attachments
wnat specific issues or problems face the La Quinta Planning Commission and do you have any
suggestions to address those issues or problems?
Please refer to the attachments
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Planning Commission?
Please refer to the attachments
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
119
Bob Leidner
Recent or Current Civic & Board Affiliations
• Commissioner and Former Chairperson - City of La Quinta -
Community Services Commission
• Committee member - La Quinta 25'h Anniversary Planning
Committee
• Current Chairman of the Board of Directors - CVSPIN -
Coachella Valley Serving People in Need - Organizer of the annual
Tour de Palm Springs Bike Ride for Charity.
• National Board of Directors - Association of Professional Energy
Managers (APEM)
• Member - La Quinta Rotary Club
• Member - NEMRA - National Electrical Manufacturers
Representatives Association
• Member - NACM - National Association of Credit Managers
• Certified - Green Lights Ally - Environmental Protection Agency
(EPA)
• Member - AAGLA - Apartment Association of Greater Los
Angeles
• Sponsor - La Quinta Sports and Youth Association
• Affiliate Consultant- Resource Associates Corporation
• Member - Distributor Council -Philips Lighting - Somerset, NJ
• Member - Advisory Board - California Restaurant Association
• Member - Advisory Council - Radiant Lamp Manufacturer
• Chairperson - King's College and Seminary Golf Tournament and
Auction
• Member - BOMA - Building Owners and Managers Association
• Sponsor - Valley Christian Athletic Association
• Board of Directors - Regency Lighting
',.n 112
BOB LEIDNER
56498 Palms Drive
La Quinta, CA 92253
760 564-4427
Relevant Work Experience
2003- Present - Best Practices Network, Inc. - President / CEO
• Plus Sales Division
o Establishes distribution network throughout United States
and Canada for lighting products imported from Asia.
2010-Present - HK Lane Real Estate - Realtor
1982-2003 - Regency Lighting - President / CFO (Retired in 2003)
• Built company from start-up to $60 million in annual sales and 250
employees
• Designed all initial processes
• Developed management team
• Took the company from local to statewide industry leader
• Took the company from statewide to national leader
• Built network of 5 locations across the U.S. with structure. prepared
for additional locations
• Responsible for oversight of all departments including sales, service,
distribution, purchasing, accounting, IT and HR.
• Worked with Planning Departments and Architects to design, meet
code compliance and open office and warehouse locations on numerous
occasions
1982- Present - Leidner Properties - Co -Owner
• Own and manage apartment buildings in Greater Los Angeles area along
with my wife Sue.
1980-1982 Jerry's Famous Deli - General Manager/Director of Operations
• Full charge manager for second highest volume restaurant in Los Angeles
area
• Developed framework for expansion of four additional locations including
restaurant design, and code compliance experiences.
121
Application, Planning Commission - Bob Leidner
Describe your knowledge of the functions, regulations, and procedures of
the La Quints Planning Commission.
o Having served as a Commissioner since 2004 and served as both Chair
and Vice -Chair on various occasions, I have had the opportunity to
become fully involved in all meetings, obligations, activities and
departmental interactions that are a part of the responsibilities of a
Commissioner.
o I have completed the ethics training program that is required by the
state which further qualifies me to understand the necessary
procedures and standards involved with the position.
o Specific to the Planning Commission, I understand that their primary
role is to act as an advisory body to the City Council on matters
relating to the implementation and development of the City's General
Plan with an emphasis on consideration of new development
applications, design review of new developments or improvements, and
other duties as assigned.
What specific issues or problems face the La Quinta Planning Commission
and do you have any suggestions to address those issues or problems?
o A number of issues within the City of La Quinto have the possibility of
impacting the Planning Commission, either currently or within the
upcoming few years. While I may not have immediate
recommendations on these issues, my ability to research and provide
critical thinking should be an asset to the Planning Commission. Some
of the issues that may arise include:
■ Increased traffic flow on major roads and finding methods of
reducing congestion.
■ The continued growth and development of the Old Town/Village
area of La Quinta.
• A critical look at the III corridor and how to revitalize and
make the land use more functional and appealing to residents,
visitors and new businesses.
■ The updating of the 2035 General Plan
.,u 122
What specific attitudes, skills and/or expertise do you think you have which
would enhance the work of the La Quinta Planning Commission?
o I believe my skill set as a critical thinker and researcher would bring
value to the Planning Commission. My recommendations are never a
foregone conclusion based upon what I think my peers, the public or
the City Council wishes to hear. As a commissioner, I take seriously
my responsibility of looking at the issues in their entirety before
casting a vote that reflects my true recommendations.
o Although my background is not as a contractor or an architect, I do
have experience in overseeing the growth of companies with specific
tasks that included building design, remodeling and code compliance.
o My work experiences have given me extensive knowledge in the field
of energy conservation, primarily in the lighting industry. I was
elected to the Board of Directors on a National level to APEM
(Association of Professional Energy Managers). Additionally I
received certification from the EPA (Environmental Protection
Agency) as a Green Lights Ally - listing me a source for qualified
consultations with regard to energy conservation matters.
o My experiences as a businessman, a commissioner, a family man and as
a volunteer have all been grounded on a simple principle - Provide
value and serve with integrity in all that you do.
If selected as a Planning Commissioner, I am confident that I will prove to
be of value to the Mayor, to the City Council, and to the City of La Quinta.
Thank you for you consideration.
Bob Leidner
123
RECEIVED
2011 flRy 20 FM 3 11
CITY OF LA QUINTA
CITY CLERK'S OFFICE
NAME: Steve Sanchez
Date: 5/20/2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON THE
LA QUINTA PLANNING COMMISSION
HOME ADDRESS: 53511 Avenida Obregon, La Quinta 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME),760-485-1033
BUSINESS:
EMAIL: stevesanchez@dc.rr.com FAX:
BUSINESS ADDRESS 1321 North Gene Autry Trail, Palm Springs, CA 92260
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
Desert Radio Group. Marketing Consultant/ Account Executive
LENGTH OF RESIDENCE IN LA QUINTA: 1year 4 months
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Not in La Quinta
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
1996-2000 United States Marine Corps (Active Duty)
2000-2004 United States Marine Corps Reserve
2003 Combat tour in Iraq in support of Operation Iraqi Freedom
2000-2006 Time Warner Cable, Supervisor Business Development
2006 to 2008 Assemblywoman Bonnie Garcia, District Director
8-current The Desert Radio Group, Marketing Consultant/ Account Executive
0-current SOS Marketing & Public Relations, Co-owner
Currently boards:
La Quinta Chamber of Commerce
Indio Chamber of Commerce
of Foreign Wars Post 3699
Boards/Committees
iA for Riverside County
House of the Desert Advisory Committee
Brother with the Big Brothers and Big Sisters of the Desert
ve in many local charities
124
APPLICATION, PLANNING
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning
a former District Director for a state legislator, I am extremely familiar with proper procedural protocols and how
remment, at many level, operates. As a planning commissioner I would be responsible for carrying out the duties
iwed by the State of California and specific zoning ordinances set forth by the La Quinta City Council.
one of five members, I would be responsible for maintaining the city's general plan, review new development proposals,
signs or changes; while serving at the pleasure of the La Quinta City Council.
What specific issues or Droblems face the La f)uinta Planninn rnmmiscinn and rin vnu have anv
to aaaress tnose Issues or
i the influx of new residents to the city, young family's, I have an understanding of how to grow the city responsibly,
maintaining the heritage and traditions of the City of La Quinta. The City of La Quinta is fortunate to have hiking trails
mountains in our own back yard; we can grow the city without destroying our natural senary.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Planning Commission?
My background is in government, marketing and communications; all are crucial skills to have when working with residents
and potential developers. I understand how business works and how important it is that the planning commission work
hand and hand with developers to grow our city and create job; without compromising the La Quinta lifestyle.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submit Application
Date: 5/1612011
RECEIVED CITY OF LA QUINTA
2011 May 18 RBI 9 I f PPLICATION TO SERVE
ON THE
CITY OF LA QWATOUINTA PLANNING COMMISSION
CITY CLERK'S OFFICE
NAME: Murray A. Todd
HOME ADDRESS: 48537 Via Encanto
(Must be a La Quinta resident and eligible to vote in the City,)
TELEPHONE: (HOME)760-771-8405 BUSINESS:626-825-5492
EMAIL: mtodd.pe@gmail.ccm FAX:
BUSINESS ADDRESS Same as above
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
LENGTH OF RESIDENCE IN LA QUINTA: 3 years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
Engineering degree -California Western University; Masters course studies in Water Resource
ineering-California State Polytechnic University; Registered Engineer CSE-1656 (California).
r 40 years engineering experience in civil, water/wastewater utility applications mostly for municipal, state
federal government clients. Work efforts included design, project engineering, project management and
act directorship. An integral part of the work experience involved addressing and coordinating with City
ncils as well as City Departments, Commissions, Boards and Committees.
includes assignments throughout the United States and internationally.
Currently Vice President of the Board of Directors at Laguna de la Paz -a community of approximately 400
homes. Recently on the Board of Directors of the Center for Water Education in Hemet, CA. Also served on
the Energy Deregulation Committee for the City of Pasadena.
lecturer and technical advisor, conducted courses and wrote papers for the American Society of Civil
lineers (ASCE), American Water Works Association (AWWA), Instruments Society of America (ISA) and
California Water Environment Association (CWEA) as well as numerous colleges and universities.
126
APPLICATION, PLANNING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning
Commission.
The La Quinta Planning Commission's primary function is to carry out the powers and duties as prescibed in the Planning
and Zoning Laws of the State of California and the City of La Quinta Zoning Ordinance.
Working well with others is a prerequisite to success as a planning commissioner. The Planning Commission's five
members must also work in concert with the City Planning Department and the City Council in considering, reviewing and
recommending new development applications, design reviews and specific plans. Other duties may cover conditional use
permits, signage and coordinating with other City commissions or City departments.
In addition, the planning Commission serves in an advisory capacity to the City Council.
vvnat speclnc Issues or problems Lace the La Quinta Planning Commission and do you have anv
to aooress tnose Issues or
specific challenges facing the City of La Quinta are: (1) accommodating fast population growth while maintaining our
iue, small town environment and, (2) overuse of our most valuable resource -clean water. The city is in a position to lead
valley in programs which can set examples for other cities in the efficient use of water for our numerous golf courses as
as residential use.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Planning Commission?
I am a team player. I am comfortable working and collaborating in a group setting. My background as an engineer and my
communication skills will enhance my ability to understand design plans, grasp complex issues and to relate comments and
findings to other commissioners and to the City Council. My years of experience working with clients in a civic/municipal
environment will allow me to "hit the ground running".
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submit Application
10 127
Date: .50-/0 ' 2,0//
the City.)
CITY OF LA QUINTA RECEIVED
APPLICATION TO SERVE
ON THE MAY 14 2011
LA QUINTA PLANNING COMMISSION CffYOFL QU'KrA
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NAME:
HOME ADDRESS: ill npo a.4.-&*/V4 /t% 2&1 L
(Must be a La Quints resident and eligible to vote
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IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
LENGTH OF RESIDENCE IN LA QUINTA: IJ2 jz-e'44-f
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? .) er
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
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128
APPLICATION, PLANNING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Planning
Commission.
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L/iliCll �Qrt� �J2n���/jT.�i!/.2��0 ��T✓C�.�./t'.� Q..ir /t �/.�L !.�/fiLl�is�4T:�a
What specific issues or problems face the La Quinta Planning Commission and do you have any
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What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Planning Commission?
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PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
11 129
Robert W. Wilkinson
44300 Camino Azul
La Quinta, CA 92253
(760) 861-6666
Suntech Companies, Robert Wilkinson, Owner
State of California General Contractors License # 932138
Representing owners' interest in overseeing land development projects for residential
apartments, single family housing, light industrial and commercial facilities. Directing
engineering, architecture, construction stages, bid cost analysis, entitlements and manage
construction as project phasing requires.
Inventor and United States Patent holder of integrated solar modules, unique to the Solar
Roofing industry with an emphasis to improve the appearance of solar roofing for
residential housing. The solar roof tile application is color matching for Spanish, Roman
pan and Slate style roof tiles, (see attachment). Suntech currently has other Patents
pending.
SunTech Construction's Active projects:
Palm Desert: Owners Representative/Consult
1. Vineyard Apartments, building 260 unit complex with a 20% affordable housing
element.
2. Constructing 42,818 square foot retail center.
3. Cafe Villagio, tenant improvements for a local pizza restaurant site.
Riverside County:
Processing projects through Riverside County Staff, Planning Commission and the Board
of Supervisors for General Plan Amendments, Zone Changes and Site Plan approvals.
1. Developing a 10 acre light industrial site and Zone Change in near Dillon Road
2. Entitlement processing for 180 unit housing development in,Vista Santa Rosa.
3. Processing General Plan Amendment for a 440 acre master planned. community,
Mecca area.
In -Active projects:
Indio:
Processing entitlements and construction management for 2 auto and 1 RV
dealerships in the City of Indio at the Indio Auto Mall.
Site management for and the Indio Auto Mall projects. Certified South Coast Air
Quality Management District Coachella Valley Dust Control
" 130
La Quinta City Planning Commissioner:
Appointed to Commission 2007
Re -appointed June of 2009
Roy Wilson Appointee to Riverside County Planning Task Force member for Vista Santa
Rosa Community 2005.
Vice President, Board Member of the Vista Santa Rosa Community Coalition 2004.
Community Council Meetings:
Vista Santa Rosa Community Council attendance since 2002
Mecca Community Council attendance since 2007
North Shore Salton Sea Community Council attendance since 2008
Rotary Member La Quinta Club since 2006:
Positions served:
Rotary Youth Leadership Awards (RYLA) Chairman 2006-present.
RYLA Conference Discussion Group Leader 2006-present
Speaker Chairman 2008-2009.
Rotary Club Secretary 2009.
President Elect 2012-2013.
La Quinta Chamber of Commerce member through Rotary affiliation.
South West Community Church, Indian Wells, CA.
Active Church Membership since 2001
Home Group Bible study leader
Mexico Home building project leader
Duroville clean up, Tribal Land in Riverside County
PREVIOUS WORK HISTORY
July 2002 — Feb 2006 Regency Homes, Director of Development.
Rancho Mirage, CA Managed site development and entitlements on multiple projects,
assist in project management. Coordinate submittal packages for project site
improvements and building plans. Maintain entitlement process and development
schedule. Lead project progress and compliance with governmental agencies. Monitor
development agreements, conditions of approval and permits. Direct on and off site
utility plans. Manage product development and site design, present submittal packages to
City or County Staff, Planning Commission and City Councils. Coordinate with Brokers
on land acquisition and zoning analysis for new and existing projects. Chair sphere
change and annexation committee, member Riverside County zoning task force. Provide
site planning, product design and entitlement support for commercial/custom division.
is 131
May 2001 — July 02 Country Club of the Desert, Director of Construction, La Quinta
Country Club is currently known as the "Hideaway". Managed construction of a 600
acre, Golf Course, gated residential community. Monitor construction progress and
scheduling. Supervise purchasing, product development. Assisted in entitlement process,
project schedule and developing design guidelines. Member of the development's
Architectural Review Board.
Project shut down, then changed hands because of financial improprieties by owners.
October 1997 —May 2001 Republic Property. Group, Dallas, Texas
Project Manager successfully maintained the schedule and direction of the Lake Forest
development a residential limited access community. Lake Forest was a 5-7 year 465
residential project that was completed 2 years ahead of schedule. Assisted in project
planning and site design. Directed all aspects of on and off site development and
construction. Reviewed job bids, budgets and schedules plus supervised sub contractors.
Implemented and enforced development architectural guidelines.
Maintained detailed daily construction reports and weekly marketing updates for the
investors and corporate management. Monitored marketing efforts, including contracting
with selected builders and coordinating lot sales contracts.
April 1993-Oct. 1997 R. W. Wilkinson, Homes, Inc., Grand Prairie, Texas
President: founded a custom home building company. Secured all financing and
established banking relationships. Set up all accounts for construction materials and home
warranty. Supervised all construction, marketing and plan development. Bid out job cost
and related construction expenses. Managed all land and lot acquisition.
June 1989-April 1993 Marquise Homes, Inc., Arlington, Texas
Vice -President: Co -Owner of start-up company, which grew to build 200 homes per
year. Setup accounts for construction budgets, purchasing, bid out job cost and related
construction expenses. Assist in securing construction financing. Negotiated development
build out and take down schedules with local Banks and Savings and Loans. Acquired
and developed land for small single-family housing communities.
Sept. 1986-June 1989 Trammell Crow Homes, Dallas, Texas
Project Manager -Sales Representative, Consistently exceeded sales and profit goals.
Prospected clients through the Realtor community and corporate relocations.
Assisted in project management and sales training. Coordinated application for mortgage
and closing of property with construction, buyer, mortgage and Title Company.
Construction cost analysis, supervised construction and sale.
Nov. 1985- Sept. 1986 David Weekly Homes, Dallas, Texas
Sales Representative, established relationships with potential clients at all levels.
Coordinated application for mortgage and closing of property with construction, buyer,
mortgage and Title Company. Prospected clients through the Realtor community and
corporate relocation. Managed sales and construction walk thru with clients and
superintendents. Assisted in corporate sales training.
N 132
Jan. 1983-Nov. 1985 Standard Pacific Homes, Irving, Texas
Sales Representative, responsible for all aspects of presentation, follow-up and closing
coordination. Buyer pre -closing walk through orientation. Increased sales through
effective demonstration of residential amenities and construction.
Aug. 1979- Jan. 1983 Waterbed Mart, Arlington, Texas
District Manager, Coordinated the start-up of six retail furniture locations. Hired and
trained personnel to effectively staff all area locations. Monitored and ordered inventory.
Promoted from salesperson in Oregon to store manager in Washington to District
Manager of the Dallas/Fort Worth market to initiate national expansion.
July 1977 — Aug. 1979 Motivating Advertising, Springfield, Oregon
Account Executive/Sales Manager Developed the marketing plans for specialty
advertising items. Arranged promotional and award items for various types of business.
Employed and trained sales personnel.
EDUCATION
1976-77 Southern Oregon State University, Ashland, Oregon
Bachelor Degree pursued in Business Administration
1974-76 Lane Community College, Eugene, Oregon
Associates Degree in Liberal Arts
References upon request.
fH1A,'L /2o%e/<T(�%WSSGAOL.Coe-'
.,U 133
Date: S - Ito - I I
CITY OF LA QUINTA
APPLICATION TO S98MVED
LA QUINTA PLON THAN THI 6" S bii 15
CITY OF LA QUINTA
NAME: RDDO-�_� '' 8� S. V4WY&AWS OFFICE
HOME ADDRESS: 330 C_A►ft nl0 L-AVAfi;JQL A QV) N A. 6AC?-7S-
(Must be a La Quinta resident and eligible to vote in Ithe City.)
TELEPHONE: (HOME) 7(ob- 2DO—OS72-5 BUSINESS: '7L"D - 40$-7490
I _imil_T
BUSII
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
PG ART `>,Y-C �ri A>:_ t W, - ( D`r'r ► M�L,
I ?(�.a I 00�,.W
LENGTH OF RESIDENCE IN LA QUINTA: _20
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? 40-�7
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
.,U 134
2011 la Quinta Planning Commission Application
Page 1 Biographical Sketch of Bob Wright
I have been a resident of La Quinta since 1991. My wife and I moved from
Salt Lake City, Utah where I owned a Landscape Construction, and Land Planning
Company and a Steel Erection Company. We moved to the desert for the warm
winters, and small town atmosphere. I attended the University of Utah, majoring in
Political Science and Economics. 1 have worked in the nursery and design business
for the past twenty years mainly in Southern California and Southern Nevada, on
such projects as Tradition, PGA West, Hideaway, The Vintage Club, Eldorado
Country Club, Desert Horizons, Palm Valley, Classic Club, The Bridges, Bel Air and
Malibu Country Clubs as well as Shadow Creek, Lake Las Vegas and the Wynn in
Las Vegas, and most recently on the Sunnylands redevelopment in Rancho Mirage.
I was appointed to The La Quinta Historical Preservation Commission at
it's inception in 1994, and since then have been involved with reviewing every major
project planned and built in the City, in one form or another, for the past seventeen
years. During that period of time I have attended Preservation and Planning
conferences in sixteen communities throughout the State of California. I have had
many interactions, and in depth conversations with members of Preservation and
Planning Commissions from large and small communities throughout the State.
Prior to moving to La Quinta I worked on many historical redevelopment, projects in
Salt Lake City such as Trolley Square and The Marmalade District.
My civic experience includes, but not limited to, being a Past President of
The Friends of La Quinta Library, where we worked on the library site and design
selection process. I am a past Board member of The La Quinta Historical Society,
La Quinta Arts Foundation, and Past President of the Board and thirteen year
Board member of The Community Associations Institute, Coachella Valley Chapter.
I currently hold a position on the Desert Sands Unified School District Finance
Committee, CFO of the newly formed Desert Sands Educational Foundation, and am
currently Vice President of The Coachella Valley Housing Coalition, and Board
member for the past ten years. I am also working with Habitat for Humanity on the
two homes they are building in La Quinta Cove. I am a member of Desert Valley
Builders Association, BIA and The La Quinta Chamber of Commerce. I have been a
member of Rotary International since 2000.
I work very well with all people to solve problems, tackle issues and plan
solutions. I am proactive, and believe strongly in sustainable growth and
development. I am passionate when it comes to The City of La Quinta, as my two
runs for the office of City Council will bare out. I feel that I would be the perfect fit
to the current Planning Commission.
135
2011 La Quinta Planning Commission Application
Page 2
Describe your knowledge of the functions, regulations and procedures of the La Quinta Planning
Commission.
As Chairman, and Member of The La Quinta Historical Preservation Commission for
the past seventeen years, I am very familiar with the functions and procedures of La
Quinta Commissions. Having reviewed most of the same applications as the Planning
Commission for that period, I feel that I have a unique grasp of the issues and
structure of the Planning Commission. I am knowledgeable with respect to CEQA, and
have a firm grasp of procedures, Robert's Rules and The Brown Act. 'The Planning
commission shall follow such rules and regulations established by the City Council for
the conduct of it's business which shall comply with Section 65804 of the Planning and
Zoning Law"
What specific issues or problems face the La Quinta Planning Commission, and do you have any
suggestions to address those issues or problems?
I believe that energy conservation and sustainability will continue to be very important
to the future of La Quinta. I feel that renewable energy applications such as wind and
solar will play an defining role in our future. The Planning Commission has a
responsibility to look at future projects with conservation and green development as
paramount to success. Water efficiency and conservation will play an important role
in all new and redevelopment projects. I will bring to the Planning Commission solid
ideas based on my years of construction and land planning experience.
I am a huge proponent of people friendly parks and landscapes. I feel that a positive
way to promote a healthy population is to promote people getting up and moving. We
can keep our aging population younger, and our younger population avoiding obesity, if
we make it easier for everyone to get off of the couch, and walk around their people
friendly City.
Annexation may be on the horizon for La Quinta, and I feel that we need to be ready to
deal with VSR with determination and consideration of all residents involved. The City's
and residents input will dictate good, smart and sustainable design guidelines. The
Planning Commission will have a huge role to play in the future of the City's eastem
boundaries.
136
2011 La Quinta Planning Commission Application
Page 3
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Planning Commission?
I am pro development, and pro growth, with an eye on substance not quantity. It is the
City Council's duty to decide the financial merits of a project, not the Planning
Commission's. I feel that my experience with the City over the past years has given me
a wealth of practical knowledge in regards to its future. My background in golf course
construction and land planning brings a great deal to the Commission's table.
I am personally acquainted with all of the Planning Department Staff, and the Planning
Commissioners. I know that I can hit the ground running at my first meeting. I am a
quick study as, I think, all on the Council know, and I will continue the tradition of
dedication that I have to the purpose.
I have seen this City grow leaps and bounds over the past twenty years, and I want to
have more of a lasting role in the planning of the next twenty years.
INVESTMENT ADVISORY
BOARD APPLICATION
• DONAIS JENNIFER
_4 138
ATTACHMENT
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CITY OF LA QUINTA
APPLICATION TO SERVE
o
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ON THE
Date:
>__qk QUINTA INVESTMENT ADVISORY BOARD
v v f r-f-\
HOME ADDRESS: rl%ro6 y LcLT1r1 Q Q VU V u 4
(Must be a La Quinta resident and eligible to vote in the
TELEPHONE: (HOME) Uq--LQCaL BUSINESS:
FIIAAII • '\A 0. AP-. r V- . P mrn FAX- -160 — FF1
BUSINESS ADDRESS: cCaxX QS Vbyy\-u
IF EMPLOYED, LISTYOUR EMPLOYER AND
\POSITION(S) YO/U�HOLD:
/r
LENGTH OF
IN LA QUINTA:
HAVE YOU EVER ATTENDED A MEETING OF THIS BOARD? ✓y�
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
A 139
APPLICATION, INVESTMENT ADVISORY BOARD
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Investment
What specific issues or problems face the La Quinta Investment Advisory Board and do you have any
suggestions to address those issues or problems?
What specific attitudes, skills and/or expertise do you think you have which would enhance the work o
the La Quinta Investment Advisory Board?
El
Office Use Only:
Background
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
u. 140
Profile:
Jennifer L. Donis, MBA
78955 Via Trieste
La Quinta, CA 92253
Financial Management and Planning
• Provide comprehensive financial planning to individuals and business owners to
achieve their long range goals.
• Comprehensive management, accounting, training and development, and staff
hiring. Experience in multiple aspects of business operations including business
• Skilled in financial management and administrative decision making in a business
setting including financing, marketing, human resources, and patient care standards.
• Planned and implemented strategic objectives of short and long range plans.
• Independent thinker, self motivated and detail oriented manager.
Experience: Principal Financial Group- Irvine, CA
Registered Representative
October 2010- Present
Full service financial company based in Des Moines, IA offering financial solutions to
individuals and businesses for over 125 years.
Detached agent providing financial solutions to business owners and individuals.
• Areas of solutions offered to clients:
o Life Insurance including term, whole fixed and adjustable, and variable
o Disability Insurance,
o Long Term Care Insurance
0 401K, IRA, Roth IRA SEP IRA, Simple IRA, Annuities
o Informal business valuations, Buy Sell Agreements
o Financial strategy planning
o Key Man Insurance, Tax and Estate Planning
Cosmetic Surgery Institute- Palm Desert, CA
Controller/Office Manager October 2004 —October 2010
Ambulatory surgical center for cosmetic surgical and non surgical procedures.
Responsible for health and business management along with accounting/financial
oversight of business operations.
• Day to day financial management for corporation and owner's personal accounts.
o Daily cash management
o Reconciliation of bank accounts
o Preparation of financial statements '
o Preparation of all tax preparation for Certified Public Accountant
o Advise Business Owner of all financial issues related to business
Oversee day to day operation including marketing, human resources, accounting,
personnel scheduling, purchasing, and administration.
Administrative functions relating to customer service, adherence to ambulatory care
standards including patient care, licenses and permits, quality assurance studies and
ongoing improvement. ' N 141
Jennifer L. Donis, MBA
Bighorn Golf Club— Palm Desert, CA
Assistant Controller June 2004 - October 2004
Private exclusive golf club located in Palm Desert, CA
• Daily cash management
• Preparation of financial statements for multiple departments
• Real estate sales accounting and distribution of sales commissions to agents
• Special projects as assigned by Controller
HiMEC. Inc. - Rochester, MN
Board of Directors/Minority Owner January 1998- April 2004
Mechanical contractor with $30M in sales
• Assisted in the oversight of all management functions.
• Participated in company financial and strategic planning.
Vice President of Operations 1996 —April 2004
• Supervised day-to-day office operations of eight divisions in three offices.
• Managed all day-to-day accounting operations for the company.
• Produced monthly financial statements.
• Administered and evaluated all communications for offices, job sites and individual
users, including local and long distance service, cell phones, pagers and email.
• Prepared analysis for capital equipment purchases.
• Managed all IT functions.
• Prepared time and material billing analysis.
• Implemented construction job costing and service management software package.
Trustee HiMEC Profit Sharing Plan & Trust 2000-2004
• Assisted in the administration of the fiduciary responsibility of managing profit
sharing plan of 45 employees.
• Reviewed and managed plan provider.
Accounting Staff 1994 -1996
• Prepared billings, accounts payable and payroll.
Education: University of St. Thomas, St. Paul, Minnesota
Master of Business Administration with an emphasis in Management
Moorhead State University, Moorhead, Minnesota
Bachelor of Science in Business Administration
" 142
Jennifer L. Donais, MBA
Community Involvement:
• LaQuinta Rotary, LaQuinta, CA
• Coachella Valley Rescue Mission, Indio, CA
• Outpatient Chemotherapy Unit, Mayo Clinic, Rochester, MN
• Christmas Anonymous, Rochester, MN
• Elderly Grocery Shopper Companion, Rochester, MN
143
PALM SPRINGS
INTERNATIONAL
AIRPORT COMMISSION
APPLICATIONS
• FREYMUTH PETER A.
• TEAL ROBERT G.
." 144
ATTACHMENT
D
APR 26 2011 Date: 2
arroFt,A04ANTA CITY OF LA QUINTA
CITY CLERK DEPARTUMT APPLICATION TO SERVE
ON
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
NAME: 716�_ i GiA, ;; / 4� YM�
p{
HOME ADDRESS: poky -//A C LO kl LA
TELEPHONE: (HOME) -76c 619 2 3 519 BUSINESS`. CECC. 786.2117.12 ZA1
EMAIL: TE ffe E. 9 MAC. COM FAX: �
BUSINESS ADDRESS
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
Re= IRc ,)
LENGTH OF RESIDENCE IN LA QUINTA: 3 tt/Z yr 4 e S
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? NO -&I e"OIN!� 8Y ✓ILECNA/
COMM /R
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
jz �i /�S; /a AmF,�I�AN 20,12 i 0 L /'_/�AVE6 ft'�<✓�S
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,� 145
RECEIVED
APPLICATION, PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION MAR 0 2 2011
PAGE 2
CITY OF LA QUINTA
CITY CLERK DEPARTMENT
Describe your knowledge of the functions, regulations, and procedures of the Palm Springs
International Airport Commission.
RcC C- I✓ED A PEP- 90,JN4- a((IEF1A/6 By Col"ISS101V S
Xe-
What specific issues or problems face the Palm Springs International Airport Commission and do you
have any suggestions to address those issues or problems?
NI()k4 OAJE Iss61E -,CoR
nlr-wCAAAIall = T/c; G(,fRpC'o T CiheRIL'iS T-
l/JGRr�S)= A, Nf
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1�1 rF JS - Ex PAr� Dc D
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the Palm Springs Airport Commission?
ICY Glrc40N(f-) Av/A710r%
C�h1NllS' /�.�/ �) �,v/c� /r��GEci �/���yi✓ �� C�%T ��"
G
J
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. o. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
.It 146
InterFlight Global
AF�Gu Intelligent Aviation & Aerospace Solutions
Peter Freymuth, Sr Exec Director
Charter -Scheduled Airline CEO Level and Commercial
Peter brings to IFG 40+ years of significant experience managing every facet of airline operations. He was bom
and educated in Germany where he began his career with Pan Am working in reservations, ticket counter, ramp
operations and sales.
In 1965 he moved to the United States with Lufthansa as an account executive and a group and charter
specialist in New York, Denver and Chicago.
In 1972 he was appointed Regional Director — North America for Air Siam based in Los Angeles to prepare for
the new on-line B747 service of this Thai airline. He built a solid organization with a staff of 120 in seven offices
across the US and Hawaii. In 1973 he was awarded the Chairman's Cup by then Continental Airlines chairman
Bob Six for forging a strategic alliance between the two carriers.
After leaving Air Siam in 1975 he served as a senior international advisor to Continental's Executive Vice
President — Marketing for one year before joining LTU International Airways (a 3 billion dollar company and
Germany's second largest carrier) to prepare for that carrier's introduction of transatlantic service.
The next 25 years Peter headed up LTU's wholly owned subsidiary in the Americas as President and Chief
Executive Officer. Under his leadership the company was successfully transformed from a mainly charter carrier
to a highly respected scheduled airline expanding service throughout the US, Canada, Caribbean and Latin
America using an all wide body fleet. When problems arose in 1992 with three of LTU's wholly owned tour
companies based in the US and Caribbean, Peter was appointed as President and Chief Executive Officer in
addition to his duties as CEO of LTU in the Americas. He was able to restructure these companies so that they
became once again profitable. At the time these combined companies had revenues in excess of 300 million
dollars with a staff exceeding 250. After acquiring LTU's US subsidiary through a management buy-out in 1997
he sold all of his interests in summer of 2001 and resigned from the company after LTU itself had been acquired
by Swissair.
Since 2002 Peter has partaken in extremely selective air transport, private and general aviation projects as an
IFG Sr. Executive Director on behalf of clients worldwide.
147
11-Apr-2011
Page 8 of 10
April 18, 2011
City Council
City of La Quinta
La Quinta, California 92247
16TBI
AIRPORT MANAGEMENT, INC.
TBI Airport Management, Inc.
3212 Red Cleveland Blvd., Sanford, Florida 32773
Tel: 407-585-4555 • Fax: 407-585.4545
Dear Council Members:
I am pleased to have this opportunity to recommend Peter Frqymuth as a candidate for
Commissioner with the Palm Springs Airport Commission ("Commission"). I have known Peter
personally for over fifteen (15) years and have worked with him in prior business dealings during
his tenure as President of LTU Airways, North America as well as in his subsequent role as
Managing Director of Miami -based GSA, "GO America."
As a result of my past dealings with Peter, I am confident that he is uniquely and
extraordinarily qualified to serve on the Commission based on his extensive experience in the
aviation industry, his deep knowledge base and his astute business sense. Peter is highly
regarded in the airport and aviation profession and possesses the strong character and integrity
necessary to represent the City of Palm Springs and its stakeholders in the best manner possible.
One of Peter's greatest strengths is his ability to view all sides of an issue and, when necessary,
to think outside of the box to find innovative and creative solutions. Because of this ability and his
excellent communication skills, Peter finds great success in building consensus among
individuals.
Based upon both my professional and personal experiences with Peter, I highly
recommend him to the City of Palm Springs and strongly urge you to consider him for the position
of Commissioner. If I can be of further assistance, please do not hesitate to contact me.
S}pcerely,
Lar D. Go dthorpe
President and Managing Director
..0 148
RECEIVED
MAY 0 6 2011
CRY OF LA QUINTA
CRY CLERK DEPARTMENT
PALM SPRINGS
NAME: Robert G. Teal
May 6, 2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
INTERNATIONAL AIRPORT COMMISSION
HOME ADDRESS: 79480 Briarwood, La Quinta, Ca 92253
TELEPHONE: (HOME).760-89"171 BUSINESS:.
EMAIL: bob@theteaffamily.com FAX:.760-564-4908
BUSINESS ADDRESS
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
College of the Desert; Adjunct Faculty: Administration of Justice
LENGTH OF RESIDENCE IN LA QUINTA: 12 years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? No, but met with members.
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
As an entrepreneur in Silicon Valley, I created and grew several technology companies that became
industry leaders. My specialfies were finance, marketing, and recruiting exceptional people. I began flying
in 1976, as a means of improving my business efficiency. Decades of flying General Aviation aircraft have
exposed me to hundreds of public and private airports; and the problems they have encountered in growing
and improving.
Since retiring in the late 1990s, I have volunteered extensively, becoming the Chairman of the CHP 11-99
Foundation, and a leader in my church. At the College.of the
Desert, I teach an overview class on the Criminal Justice System. I am also a volunteer police officer and
pilot for the Indio Police Department, Air Support Division. In addition, I am a firearms and chemical agents
instructor at the College of the Desert Public Safety Academy.
I have an AA in Administration of Justice from College of the Desert, a BS in Criminal Justice from CSU,
San Bernardino (Palm Desert), and completed the Executive. Institute at Stanford University's Graduate
School of Business.
I will deliver to the City Clerk; a detailed resume' and a reference letter from a current Commissioner.
It 149
APPLICATION, PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the Palm Springs
International Airport Commission.
I have met with two current Commissioners, and have reviewed the minutes of last year's meetings, so that I am familiar
with the issues, sources of revenue, and expense items. I have also reviewed the proposed buget for 2011-2012. 1 plan to
attend the May 18 meeting.
What specific issues or problems face the Palm Springs International Airport Commission and do you
have any suggestions to address those issues or problems?
The staff had done a remarkable job of maintaining and improving the airport during a time of difficult budget challenges.
The proposed 2011-2012 budget continues to meet those challenges, and optimizes the sources of revenue. However, I
see a need for a contingency budget - one that we could instantly revert to in an emergency. I can think of any number of
natural or geopolitical events that could rapidly and severely reduce our income. We would not have the luxury of
developing a plan; but would have to react instantly. Therefore, I would like to see the development of a plan that is kept in
standby, to be brought into play in the event of a disaster. Even though we have adequate financial reserves to meet
normal needs, those could disappear rapidly if income was restricted in an emergency.
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the Palm Springs Airport Commission?
The combination of my experience in business management; aviation, and law enforcement equips me to see the "big
picture"; identifying items or activities that seem out -of -the -norm; and enabling me to provide creative solutions. I am, by
nature, a problem solver.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
0 150
Biographical Sketch for Robert G. (Bob) Teal
79480 Briarwood
La Quinta, CA 92253
Phone: 760-8994171
General:
Over 40 years of experience in high technology companies in the areas of
marketing, finance, venture capital, and general management. Personally
participated in the founding of 8 new start-up companies, and was a member of
the board of directors in 19 others. Board positions have included private
companies, NASDAQ, and NYSE listings, as well as several non-profit
corporations. Managed dozens of private financings, acquisitions, mergers,
IPO's, secondary offerings, and debt instruments.
Current status:
Indio Police Department, Indio, CA: I serve as a Reserve Lieutenant Police
Officer and pilot in the Air Support Division, with duties as required by the
Department.
Adjunct Faculty Member; College of the Desert, Palm Desert, CA: an
instructor in the Administration of Justice Department, where I teach an overview
of the criminal justice system.
Public Safety Academy, Palm Desert, CA: I am a firearms instructor, teaching
pistol and shotgun methods and tactics to police cadets, and an instructor in the
use of chemical agents.
.Past Positions:
Chairman of the Board; California Highway Patrol, 11-99 Foundation: a non-
profit organization that was established for the benefit of the employees of the
California Highway Patrol. The Foundation provides death benefits, financial
hardship relief, and college scholarship funds to the employees and families of
the CHP
Vice President, Consumer Products: Seagate Technology, Scotts Valley,
CA; the world's leading supplier of hard disk drives for computer and consumer
data storage solutions. Responsible for the Consumer Products Division,
including video storage and home networking.
.9 151
Founder, VP of Marketing and Finance, CFO, Quinta Corporation: This
venture funded startup developed ultra high capacity disk drives, using optical
technology. The company had a $700 million order backlog, and raised over $80
million in venture capital. It set a new record for ROI when it was sold to
Seagate in 14 months (a return of 16X invested capital).
General Partner, Capform Venture Capital: As one of 3 operating partners,
raised the initial funds, and made over a dozen early stage investments.
Conducted due diligence efforts, negotiated terms, and occupied board seats for
these investments. Founded a consortium of early stage venture funds, for
exchanging deal flow, sharing due diligence, and standardizing financing
documents.
Founder, Maxtor Corporation: Served as Senior Vice President of Marketing,
Sales, and Product Assurance. In addition, was responsible for Corporate
Development, acquiring and managing two subsidiary companies. Shared in the
role of acquiring capital; including 4 rounds of venture financing, the IPO, an
additional two public offerings, and a $200 million convertible debenture. Maxtor
had over 11,000 employees and several billions of dollars per year in revenue.
Founder and Director of Sales, Quantum Corporation: Established the sales
and service functions for this disk drive supplier. Acquired the first $100 million
in orders before leaving to start a competing company. Quantum grew to a $3
billion/year company.
Education:
AS, Administration of Justice, College of the Desert, Palm Desert, CA, 2006
BA, Criminal Justice, California State University, San Bernardino, 2008
Executive Institute, Stanford University, Graduate School of Business, 1983
Other Interests:
I am an active private pilot and aircraft owner, based at Bermuda Dunes Airport.
My flying career began in 1976, and includes an Instrument Rating.
I also enjoy restoring vintage cars, and am currently re -assembling a 1959 Alfa
Romeo Giulietta coupe.
" 152
D. Clayton Mayes
72104 Palm Haven Drive
P. O. Box 911
Rancho Mirage, California 92270-0911
Direct: 760 567-0342
Fax: 666 3664MW
clavton0maveswork.com
April 29, 2011
TO WHOM IT MAY CONCERN
RE: Appointment of Robert Teal as Airport Commissioner representing City of La Quinta
This letter is to advise you that I have been a member of the Palm Springs Airport Commission
representing the City of Ranch Mirage for the past year and to recommend Mr. Robert Teal of La Quinta
as your appointee for the forthcoming vacancy created by the resignation of Nancy Doria.
Nancy Dona has served on the Airport Commission representing La Quinta for approximately
six years and has earned the respect of each of the commissioners. She has represented La
Quinta well and set the proper tone for committed commissioners.
Mr. Teal has demonstrated his commitment to the community by contributing significantly to
improving our way of life. During the last five years, I have observed his successful work as the
Chairman, CHP 11-99 Foundation, which was a three year commitment. Additionally, he is a
Reserve Lieutenant with the Indio Police Department -Air Support Division where he also serves
as a volunteer pilot and is an aircraft owner.
He earned an Associate Degree at College of the Desert and a Bachelor of Science Degree in
Criminal Justice from California State University — San Bernardino. He is an Adjunct Faculty
member at College of the Desert and also instructs in the Basic Peace Officer Training Program
at the College of the Desert — Public Safety Academy.
It is a pleasure for me to recommend Mr. Teal to represent the City of La Quinta on the Palm
Springs Airport Commission. I believe he will make a significantly contribution to the success of
the Commission.
Please contact me if I can provide any additional information.
D. Clayton yes
Commissioner, Palm Springs Airport Commission
Representing the City of Rancho Mirage
" 153
HOUSING COMMISSION
APPLICATIONS
• LA ROCCA
�:17001V
• HUNTER
TERESA L.
SUE MARIE
WILLIAM H.
1.54
ATTACHMENT 4
Data. April 13, 2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON THE
LA QUINTA HOUSING COMMISSION
NAME: Teresa L. La Rocca
HOME ADDRESS: 78-875 Morning Star Court, La Quints, Calif. 92253
(Must be a La Quints resident and eligible to vote in the City.)
TELEPHONE: (HOME)760-834-W0 BUSINESS-.
EMAIL: ttaroccal23@msn.com FAX: 760-834-8440
BUSINESS ADDRESS
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
RECEIVED
2011 MY 17 AEI 10 5;
CITY OF LA QUINTA
CITY CLERK'S OFFICE
LENGTH OF RESIDENCE IN LA QUINTA: 9 Years
Which position are you applying for: 2/1 Non -tenant Tenant laTenant age 62 +
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
I have Freed in the Coachella Valley for approximately a2 years. Retired from municipal government seven
years ago. I have extensive government experience having worked for the cities of Riverside, Palm
Springs and Palm Desert. My background is primaNy in Redevelopment and Housing. Retired in 2004 as
Director of Housing. In that capacity I was responsible for the day to day operation and administration of
the city`s Housing Division with an annual budget of ten million dollars. t was responsible for creating
programs to meet the city's RHNA production and worked closely with the %fate on compliance.
I am a past board member of the Palm Desert YMCA, Habitat for Humanity and have worked closely with
Shelter from the Storm.
I have been recognized by numerous local civic organizations for my work in the area of housing.
I was appointed in June 2010 to the La Quinta Housing Commission and have served as Chairperson.
,11 155
APPLICATION, HOUSING COMMISSION
PAGE 2
Describe your knoWedge of the functions, regulations, and procedures of the La Quinta Mousing
COTmmi55iOn. .
After serving my first year with the La Quinta Housing Commission I have gained a better understanding
of the outstanding work that has been done to date by the City in creating and maintaining affordable
housing. The challenge to produce the current RHNI mandate, given the current atmosphere in
Sacramento, will be a daunting one.
I am interested in oortlinu g my involvement with the Commission and working with staff to continue
supporting the Housing Authority with the implementation of their housing production mandate.
What specific issues or problems face the La Quinia Housing Commission and do you have any
suggestions to address those issues or problems?
This first year's challenge has been filling all seats on the Commission. Continuity in the membership will
atow the Commission to be better informed and provide assistance to the Housing Authority and staff
upon request.
From past experience, I understand the challenge of filling commission positions from specific categories.
I found that the hest source for involvement from participating housing properties was working with the on
site management company to identify potentially interested tenants,
What specific attitudes, skills and/or expertise do you think you have which would enhance the work
of the La Quinta Housing Commission?
32 years working in redevelopment and Housing in various cities in Riverside County.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENTSubPntt Appticatton
78-495 Calle Tampico ,..,,_,
P. O. Box 1504, La Quinta, CA. 92247
Thank you for your willingness to service your local government.
156
Date: May 13, 2011
RECEIVED
2011 mflv 1 CITY OF LA QUINTA
►F@kft ON TO SERVE
C494"CITY 0 T ON THE
�FI USING COMMISSION
NAME: Sue Marie Leidner
HOME ADDRESS: 56498 Palms Drive, La Quints, CA 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME).760-564-4427 BUSINESS:,760-989-8120
sueleidner@dc.rr.com FAX. 760-564-8667
BUSINESS ADDRESS 56498 Palms Drive
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU
Realtor - HK Lane Real Estate
LENGTH OF RESIDENCE IN LA QUINTA: 8 Years
Which position are you applying for: L v I Non -tenant Tenant Tenant age 62 +
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
I am currently a self-employed REALTOR with an affiliation to HK Lane Real Estate in Old Town La Quints
and have been licensed since 2002. Prior to that, I was a Certified Shorthand Reporter for 30 years, first
employed by the Los Angeles Superior Court reporting all kinds of trials, including death penalty trials.
After retiring from court, I reported medical malpractice depositions.
My current civic involvement includes serving on the La Quinta Housing Commission for the past year,
working as a volunteer with C.V.S. P.I.N, which organizes the annual Tour de Palm Springs Charity Bicycle
Ride, and I am very active working with several organizations that rescue animals needing to be placed in
homes to avoid their scheduled termination.
Previously I volunteered at The Living Desert, as an ESL teacher at my church and also worked assisting
victims of domestic abuse to find housing and to file the necessary paperwork in order to get restraining
orders against their perpetrators.
..n 151
APPLICATION, HOUSING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing
Commission.
Having served as a La Quints Housing Commissioner for the past year, I have been introduced to the
functions and procedures of the commission. Additionally, I have completed the required ethics training
that is currently required every other year. In my function as a Commissioner I have had the privilege to
join the stair and'other Commissioners in touring the various low-income housing developments that La
Quints has been involved in providing to its low-income citizenry. Now that I have been introduced to the
functions of the Commission and its goals, 1 look forward to getting busy with my fellow members to do
everything we can to streamline the processes already in place and to expedite the ones in the future.
What speck issues or problems face the La Quinta Housing Commission and do you have any
suggestions to address those issues or problems?
In a difficult economy, affordable housing becomes an ever increasing need. While La Quinta should be
very proud of their existing affordable housing programs, budget cuts for redevelopment will likely be the
greatest challenge that the Housing Commission faces currently and in the near future. It will be a
challenge not only for the Housing Authority but for the Commission. I know that every member, and any
future members, will be willing to "roll up their shirt sleeves" and dig in to do everything possible to meet
those challenges and do whatever we can to rise above them.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work
of the La Quinta Housing Commission?
Please see attached page.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 Calle Tampico
P. O. Box 1504, La Quinta, CA. 92247
Thank you for your willingness to service your local government.
158
APPLICATION, HOUSING COMMISSION — PAGE 2
What specific attitudes, skills and/or expertise do you think you have which would enhance the work
of the La Quinta Housing Commission?
I have been very blessed in all aspects of my life from possessing an abiding faith in God and fellow
mankind, secure family and personal relationships, good friends and colleagues and fantastic health.
Diplomacy and superb listening skills have been a plus in my professional and personal relationships.
Having lived in a low-income housing development in my younger days gave me an appreciation of what
it is like to be in a situation with limited resources but still having the belief that in this country you can
do anything you put your mind to and are willing to work toward. Later, I was fortunate enough to
acquire some rental properties of my own. Through those experiences, I believe I have the skill sets to
not only put myself in the position of those who need low-income housing but at the same time still be
able to see any issues through the eyes of the landlord; in this case, the city of La Quinta. I look forward
to serving another year on this new commission with so many challenges to address and so many more
successes to come.
.If 159
Date:.
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD
LENGTH OF RESIDENCE IN LA QUINTA:
Which position are you applying for: F —1— Non -tenant Tenant Tenant age 62 +
Biographica(!sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
j3a, r� L�xy &4c ,CA. tl+
SGfn6ol�/� z�^AP laCI kva-, t j�tis�urq a 3 �er e vc �oS (cs�c
(N6r-�/ei�
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sr, ,. huwt" r (ve (.� �V,LVW— jpu, W "9 i P j des l3 ac r-e.
(Act Q
�� ci {ZLO..� �ul V ate' • .�". s�rtl JP/a/ � c��ca�v` r j
�—� �po�./� oUerSegGe✓ fQ2�C �5�z-t�.- <��2ces tX� ' P,t'rS
160
APPLICATION, HOUSING COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Housing
Commission.
What specific issues or problems face the La Quinta Housing Commission and do you have any
suggestions to address those issues or problems?
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT Submlt Application,,'
78-495 Calle Tampico
P. O. Box 1504, La Quinta, CA. 92247
Thank you for your willingness to service your local government.
.0 1.61
RESUME 20G6 ;WILL HUNTER (760) ,77Z-1791
Univ. CA @ Santa Barbara___ 1 yr. - Mach. Engineering
Oz Los Angeles C.C......__.._..._.....__..1.5yr: Architecture + A.A. Degree
F_ Univ. CA @ Berkeley _......... ............ 1 yr: - Architecture & Design
Q Col. of the Redwoods ....... ........... 1.5yr: Machine Shop, Welding.Woodworking,Graphic
U
Z) & Solar Design, etc.
WW Col. of the Desert.........____... 4 mo.- CAD (computer aided drafting) + 3d Design
N. Horizons Computer Center.... 4 mo: Computer Graphics, Desktop Publishing, etc.
1.5 yr. Equiv. Rental Units Maintenance
1.5 yr. Hardware and Building Supplies Sales
CJ-I 1.0 yr. Wood and Fiberglass Boatbuilding + Moldmaking.
Cw 3.0 yr. Sail and.Boatcover Maker
pc 3.5 yr. Cabinetmaker, Woodworking and Furniture Making
0- 3.5 yr. Finish Carpentry, Lead Carpenter, Cab. Instal.
W 2.5 yr. Equiv. VariousTrades-Plumbing, Concrete, Sheetrock, Surveying, Roofing, ElecL
H 1.0 r Equiv. Drafting hand House & Remodelin Rans, Various Designs
w Y• q�• 9( )- g 9
LU1.0 yr. Marble & Granite -Measuring, Design, Cutting (computer run diamond saw]
p 4.5 yr. Computer Drafting & Graphic Design: Arch+Technical Drawings / Hi -end Fwniture Design
J
d Catalogue pages + Illustrations/ Ads + posters/ Brochures + Cards + Logos/ Signs+ Maps, etc..
w1.0 yr. Prototype (pattern) Make r for custom concrete architectural castings
0.5 yr. Signmaker: Design (Casmate & FlekPro], Make and Install (all types but electric)
g.0 yr. ARCHITECT: Computer Design & Drafting of Homes, Duplexes, Condo, Strip Mall,
and Ste Plans for Grading and Drainage.
zHomes + Multi -Units / Cabinets + Fumiture / Home & Yard Accessories / Inventions
M Site Maps + Brochures / Park and Playground Layouts + Equiptment / Tile / Toys
m
p Industrial Design: Treegrates/ Tools + Jigs/ Marine Canvas/ Store Fixtures + Signs
Computer Software: CAD (4 prog-Vectorworksl, 2 Signmaldng, many design/publishing.
Bected Director, Manila Commun'ltyServices District (4 yr. term-9ma as chairman).
J W
L z Many oversight duties including Grant Applications (4 rec'vd. total — $.7m) +Design,
bw
cc Founded: District Park& Recreation Commission (all Ordnaces+ParkMaster Plan).
13 12 years design & build 13 acre park incl. Ig. playground structures, facilities.
Elected 2 year term Home Owners Asso.
Also: Photography, Darkroom work, Filmaking & Showing, Travel Abroad.
CERTIFICATES OF APPRECIATION: 3 from Manila Community Services District,
S a 1 from Manila Park & Recreation Commission
REFERENCES & PORTFOLIOS : Available upon request.
162
ARCHITECTURAL &
LANDSCAPING REVIEW
COMMITTEE
APPLICATIONS
• ARNOLD
• G RAY
• ROOKER
• THOMS
JASON
RICHARD N.
RAY
DAVID
.b 163
ATTACHMENTS
RECEIVED Dates - (9 (] `1
2011('IflY 20 AM-11A F LA QUINTA
CKOPEIC94440WTO SERVE ON LA QUINTA
hff6IVMfAA19IhND LANDSCAPING REVIEW
COMMITTEE
NAME: JC1sS01'L �} rn o
HOME ADDRESS:
be a La Quinta`►Esident and eligible to vote in the City.)
BUSINESS ADDRESS: I- o bbk 3l gs z:h cti o . 9 a aC,+4
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA: _I L4 o �
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? N1IY)�P ► llS?,c)
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
f
04 fi- L
164
T-
Cv
APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta
ArchAtectural & Landscaping Review C.Qmmittee.
What specific issues or problems face the La Quinta Architectural & Landscaping Review
Committee and do you have any suggestions to address those issues or problems?
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Architectural & Landscaping Review Committee?
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
.. 11 165
RECEIVED
2011 MY 20 PM 3 35
Date: May 20, 2011
CITY OF LA QUINT TY OF LA QUINTA
PPLIC
CITY CAATI N TO SERVE ON LA QUINTA
ARCHITECTURAL AND LANDSCAPING REVIEW
COMMITTEE
NAME: Richard N. Gray
HOME ADDRESS: 44120 Camino Azul, La Quinta, CA 92253-3951
(Must be a La Quinta resident and eligible to vote
TELEPHONE: (HOME) 760-610-5546 BUSINESS: 760-610-5546
EMAIL: ricardogray@hotmail.com FAA: 760-610-5546
BUSINESS'ADDRESS: Same as above - Retired
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: Retired
LENGTH OF RESIDENCE IN LA QUINTA: Homeowner since 2008; Resident since Jan 2010
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE? No
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
Education: BA, Univ. of San Diego (1966). Languages: Portuguese, Spanish, Italian, some
Greek. California Standard Secondary Teaching Credential (8th - 12th grades).
Work: 2000-2009, 10 yrs Foreign Service Officer for Dept of State Diplomatic Corps;
1998-2000, 2 yrs Peace Corps staff Administrative Officer in Cape Verde, West Africa;
1972-1997, 25 yrs owner/manager family construction firm in Los Angeles;
1971-1972, 1 1/2 yrs teaching 7th and 8th grades in Los Angeles area; and,
1967-1970, 3 yrs Peace Corps volunteer in Brazil.
Oversaw $6+ M remodel/construction project in Naples, Italy; $1+ M project in Recife, Brazil.
G, �
APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta
Architectural & Landscaping Review Committee.
This committee reviews for approval specific and general proposed projects for architectural and landscaping
in La Quinta. The propose is to maintain and improve the physical and cultural condition and appearance of the
various private and public areas of the city. The goal is to continuously improve La Quinta as a beautiful
place for Irving, working; doing business, and visiting. Part of the goal has to keep in mind the rights of owners /
users to have and enjoy their freedom of choice and taste, while conserving the city's Image and reputation.
La Quinta is the Gem of the Desert and needs to continuously increase Its brilliance and beauty for all.
What specific issues or problems face the La Quinta Architectural & Landscaping Review
Committee and do you have any suggestions to address those issues or problems?
La Quinta is a Irving city and must continue to adapt to the needs of businesses and residents, and needs to
grow as a tourist attraction for short and long-term visitors. Outside advertisements, displays, and auxiliary
structures are a business necessity, but need to conform to La Quinta's overall quality and liveability. This
to the mix of residential and commercial areas. Our difficult business cycle has created a
particularly challenging situation in working to re-establish vibrant businesses for currently vacant structures.
Landscaping includes artistic presentations along with garden -like maintenance. It's the gem in the right setting.
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Architectural & Landscaping Review Committee?
My life-long experience gives me a strong basis for evaluating and understanding proposed building and land-
scaping proposals. I oversaw large remodel/construction and site maintenance projects in Naples, Italy and in
Recife, Brazil. We needed to adapt consular business needs to existing structures and particularly to the
and the overall cultural preferences and appearance. Landscaping is an essential part of the over-
all presentation and functionality of the proposed structure - water features, art work, trees, lawns and decorative
Proposals must include an understanding of the projects appearance and condition over time.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
167
RECEIVED
2011 may 210 81910 14
k4A'`( IC),2dt1
CITY OF LA QUINTACITY OF LA QUINTA
CITY CLEAIRPUTAPUI1N TO SERVE ON LA QUINTA
ARCHITECTURAL AND LANDSCAPING REVIEW
COMMITTEE
NAME: RA`( R0 0 KC t-7N
HOME ADDRESS: L4 V 857, RbcNGNO Sht4 rv�t4ct5 Q J(70
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME)(7(00) 5 (o N - Co 1 D(b BUSINESS: G O V C
EMAIL: rrooker@ dc-.rr, cowl F,x:.(-1(,0)7-71-5L47tp
BUSINESS ADDRESS:
SCLV" e
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:_
RAX FRUOKaK, NKG, 4t7kFC7
LENGTH OF RESIDENCE IN LA QUINTA: 5 .Y C-U4' S
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMITTEE?
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
S GG Ac L ZisGt-LeL2
u 168
APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Architectural
SEC 6-'T- &CHGOr,
What specific issues or problems face the La Quinta Architectural & Landscaping Review Committee
and do you have any suggestions to address those issues or problems?
What specific attitudes, skills and/or expertise do you think you have which would enhance the work
or ine La uumia HrcmieciuraI & Landscaping meview l.,ommmee!
SGE A.-L—fACtA G�U,,,
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
to 169
RESUME
for
Raymond M. Rooker
49852 Rancho San Francisquito, La Quinta, CA 92253
(760) 564-6798... fax (760) 771-5476 email... rrooker@dc.rr.com
1969 Bachelor of Architecture, Stanford University, Palo Alto, CA
1970 Graduate Studies, Stanford
PROFESSIONAL EXPERIENCE
1968 -1972 Architectural and interior design, construction documents, and
construction management for Facilities/Planning Office
Stanford University Medical Center, Palo Alto, CA
Various projects but primarily research and medical facilities
1972 -1974 Architectural design/construction documents for Spencer, Lee,
Busse, and Stypula Architects, Palo Alto, CA
1975 -1980 Licensed Architect, Sole Practitioner, Palo Alto, CA
- provided architectural, interior design and landscape services
for commercial and residential
Member AIA and ASID
1980 -1990 Ray Rooker, Associates
- top 10 largest architectural firms in Silicon Valley
( Santa Clara County)
- several design awards
- Architectural Review Commissioner City of Cupertino
- active committee member Town of Los Altos Hills
1990 Ray Rooker, Architect ( Sole Practitioner)
"Having a large firm with employees necessitates that the
Principle becomes more of a businessman than designer. I made
the decision to return to design work, specializing in high -end
residential design."
1992 -2005 Licensed Realtor, Architect, completed several speculative
residential and commercial developments for myself.
2006 Ray Rooker, Architect
- moved to La Quinta, full time architect, still licensed RE agent
- appointed to La Quinta "Architectural/Landscape Review"
.N 170
RESUME (continued)
DESIGN REVIEW EXPERIENCE...
CUPERTINO - I served on the Architecture and Landscape Review
Commission for several years typically as Chairman of that commission.
During this time we reviewed the major projects that today are the center of
the community. I was instrumental on malting city policy that projects be
presented to the city with adjacent buildings shown on site and elevation
drawings so that their relationship to the neighborhood could be evaluated. I
was compelled to resign from the commission when I moved to Los Altos
Hills.
LOS ALTOS HILLS- LAH is a high end residential community. I served
on a committee that established the first design guidelines for the
construction of new homes.
LA.QUINTA - I served on the ALRC just prior to 2010 but was not
reappointed. While active on the committee, I tried to visualize each project
in relationship to its neighborhood. Following are examples of my
comments...
a. New church parking landscape project at Washington street...
Washington is a boulevard from the "10" all the way to Avenue 52 It is
consistent in its use of palm trees. I suggested new palms at the street to
continue this aesthetic affect. I believe a few additional palms were added.
b. New shopping center at Washington street near Wallgreen's...
this was an ok looking building and the other committee members were ready
to "approve" the project. I suggested that this was a poorly designed project
because there was very little visual orientation towards Washington.
Instead, the buildings were oriented inward and the main entry was at the
rear of the property adjacent to existing residential. The committee
eventually recommended to deny approval However, I believe the project was
approved by the city, but the developer has not proceeded with construction.
My Knowledge of La Quinta ALRC functions, etc.
The function is to review the architectural and landscape design of each
project and pass along a recommendation to the Planing Commission and
Council for approval or disapproval. Each project will be reviewed by the
committee only one time.
Issues Facing the ALRC...
a. The committee (and. Planning Commission) sometimes lack sufficient
presentation material to review a project. The above mentioned shopping
center project adjacent to Wallgreen's is a good example. There should have
171
been a site plan showing adjacent_ properties, their parking and entries, and
also street elevations depicting the new project adjacent to the existing.
b. With the lack of design guidelines, perhaps informal design "policies"
might be helpful. Lets agree, for example, that all new projects on
Washington street should have at least some palms at the street.
C. When projects are presented to the ALRC, the project design is pretty
well set and decisions have already been made. I believe that the committee
could be more helpful if they were able to review larger projects on an
informal basis prior to formal submittal. Remember the PGA clubhouse
project? Lots of time and design fees invested and unfortunately the project
was wrong from the onset. Perhaps an earlier review by the ALRC would
have saved everyone time and money. I believe the project was denied.
Attitudes, skills, and expertise...
I have 41 years experience in architecture and landscape design. During that
time I have presented projects before many other design review groups and
that gives me a sense of what makes for a positive experience for both
applicant and city.
My training and expertise allows me to visualize a project from the drawings,
and to communicate that vision to fellow committee members and planning
commissioners.
My intent is to always express my opinion, to make others aware of some
design aspect that they may not visualize, and also to listen to them and
respect their comments and opinions.
Respectfully submitted,
Ray Rooker
,A$ 172
CITY OF LA QUINTA
APPLICATION TO SERVE ON LA QUINTA
ARCHITECTURAL AND LANDSCAPING REVIEW
CONMTTEE
Name: David Thoms
Home Address: 73-210 Crestview Terrace
RECEIVED
2011 MaY 19 AM 8 45
CITY OF LA QUINTA
CITY CLERK'S OFFICE
Telephone: (760) 564-7349
Fax# (760)564-7349
Length of residence in La Quinta: 10 years
Have you ever attended a meeting of this committee?
Yes, as a former committee member, I attended all
of the meetings.
Biographical sketch:
I am a graduate of California State University San Luis
Obispo with my California License #1032 and have worked in
the profession of landscape architecture for over thirty years,
residing in Pasadena and San Juan Capistrano, working as a
principal in the Eriksson, Peters, and Thoms Landscape
Architecture located in Pasadena and San Juan Capistrano. I
have been the landscape architect for California State
University Northridge and Harvey Mudd College, Claremont.
I have been the principal in charge of many commercial,
educational, and housing projects including residential
developments.
173
APPLICATION, ARCHITECTURAL & LANDSCAPING REVIEW COMMITTEE
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta
Architectural & Landscaping Committee.
The main function of this group is to advise the Planning Commission
of architectural and landscape concerns and/or benefits of the projects after
review of the site and the presentation. It is my opinion that public spaces
should, if at all possible, (no matter the size available for courtyard seating
areas and other outdoor spaces,) provide a welcoming atmosphere.
Regarding regulations, we will listen to proposals and make comments and
recommendations to the Planning Commission regarding projects submitted.
For procedures, this three -person committee will meet on the first
Wednesday of each month to review submittals. Meetings will generally
last one'and one-half hours to two hours to fully discuss the proposed
projects. We will be meeting to make recommendations to obtain the best
result possible.
What specific issues or problems face the La Quona Architectural & Landscaping
Committee and do you have any suggestions to address those issues or problems?
l believe that communication (a true sharing of ideas) and review with
the planning commission and the city council would always be to the
betterment of the projects, which in turn would benefit the overall image of
the city of La Quinta.
What specific attiuudes, skills, anchor expertise do you think you have which would
enhance the work of the La nuirua Architectural & Landscaping Review Committee?
I have practiced landscape architecture in the southern California
region for more than thirty years. I am a California licensed architect and
have been residing in the La Quinta area for over ten years practicing as a
consultant. I have chaired the architectural committee for the community Of
Lake La Quinta and am -currently involved with the design and review
process of Ray Martin Design and Associates of La Quinta. I strongly
believe that it is of the utmost importance to be dedicated to the professions
of architecture and landscape architecture on this committee. This expertise
must be present in a committee member, to have an active voice and not just
a seat on a committee.
u 174
COMMUNITY SERVICES
COMMISSION
APPLICATIONS
• ALFORD
JOHN
• BLAKELEY
SHARRELL
• DAVIS
MICHAEL L.
• HANRAHAN
BRIAN
• LAWRENCE
MICHELE D.
• LEIDNER
BOB
• LONDON
GERALD
• MORENO
LUZ ELENA
• WIANECKI
WAYNE K.
ATTACHMENT
RECEIVED Date:mayfs 2otl
2011 MR 20 I'M 3 46
cnQITK�QkIIy "UINTA
CiA"WOMION(MO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
. IT, - 15710
HOME ADDRESS:
(Must be a Le Quinta resident and eligible to vote in the City.)
TELEPHONE; (HOME)51 -02 -4797 (call) BUSINESS:,
EMAIL:iohnaialford_com FAX:
BUSINESS ADDRESS:
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
City of La Quinta (I will have resigned my position prior to possible appnintment to the Commission)
LENGTH OF RESIDENCE IN LA QUINTA: Three years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
I graduated cum laude with bachelor's degree in history/political science from the University of North Texas.
I have certifications in personal and group fitness training, senior fitness training and other certifications in
specialized areas of fitness and wellness. I am currently semi -retired.
My previous work experience was in the technology field, specifically software training and support working
with a team developing and delivering instruction to corporations nation wide. Civic involvement includes
positions on neighborhood communities' °ftustin, Texas; chair of the Watercolors of La Quinta Homeowners
AssociationArchitectural/Landscape Com iittee and president of the board at the same community.
I have worked in the La Quinta Community Services Department since September, 2008 and have been
involved in all Community Services activities including, but not limited to, special events such as the city
picnic, the youth festival, excursions, outdoor recreation, recreation classes and the fitness center.
116
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community
Services Commission.
The Commission serves in an advisory capacity to council in all :areas of recreational and community services. The
Commission also identifies areas that it feels attention and reports so to the council and staff.,
The Commission accepts public; presentations by groups or individuals concerning items related to community services.
The Commission will be involved promoting and assisting with the City's 30th Anniversary celebration and events.
What specific issues or problems face the La Qrinta Community Services Commission and do you have
any suggestions to address those issues or problems?
Providing adequate and affordable recreation facilities for a growning population of families. This includes providing sports
fields, fitness opportunities and other various other activities. Other areas that should be addressed include senior fitness
and wellness and the growing obesity problems at all levels. Education of the population concerning obesity and lack of
exercise is of prime importance.
The City already does an excellent job in providing services and facilities to the community and the Commission's
involvement in setting priorities, continuing to provide ideas for fiscal responsibility and customer service are invaluable.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Community Services Commission?
1 am a team player who has a passion for community health, fitness and recreation. My education and experience in training
and working with groups and individuals would serve the community well. My experience with the city has given me wide
knowledge and practical understanding of some of the issues facing community services and has afforded me the
opportunity to meet and speak with city residents on an almost daily basis for three years.
Having worked extensively at the La Quinta Fitness Center, I have been heavily involved in promoting memberships,
soliciting feedback and overall communication with the residents to identify new programs and services and to improve
relationships with the Desert Recreation District.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submit Application
RECEIVED
APR 14 Bil
Cffy OF LA INTA
C"y CLERK DEPU ARTMENT
Date:Aprii 14, 2ol l
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAME
HOME ADDRESSA9505 MARNE COURT LA QUINTA CA 92253
(Must be a La Quinta resident and eligible to vote in the City)
TELEPHONE: (HOME).7fiQ-972-4441 BUS IN ESS:760-992-4448
EMAIL:charrellhlakeley r0me cam FAX:
BUSINESS ADDRESS:
IF EMPLOYED, LIST YOUR EMPLOYER AND POSfTION(S) YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA:
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
I have both an Undergraduate and Master's Degree from the University of Michigan in Ann Arbor. My career
has primarily focused on management/executive positions in the public sector. I worked under the
leadership of the 5 prior Governors, as statewide Chief of Child Abuse Prevention, Chief of Foster Care and
Chief of Adoptions. I served as Assistant Director in the Department of Corrections and Rehabilitation,
where my duties focused on female offenders and their children. I also served as Director of Child
Protective Services, Riverside County, for 7 years. My skills include policy development, program
operations, fiscal and regulatory matters, human resource development, and community relations.
I have served on numerous civic boards, including the YMCA, Corona and Friends Outside National
Organization, Sacramento. I am a current member of the Consumer Relations Board, Anthem Blue Cross.
,n 178
APPLICATION, COMMUNITY SERVICES
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community
Services Commission.
I have served as a member of the La Quinta Community Services Commission this past year, and hope to continue this
service opportunity.
The CSC analyzes community service programs, provides oversight of the parks and recreation programs; reviews and
approves the Worklan and coordinates numerous community activites with other service providers.
What specific issues or problems face the La Quinta Community Services Commission and do you have
any suggestions to address those issues or problems?
A tight fiscal environment, with limited funds for community grants and services, will continue to dominate the agenda. ThE
CSC, however, with Council Members support and approval, has managed to effectively prioritize needs and services.
The current problem with local dog parks (big and small) is also effectively being addressed through the inclusion of nearby
homeowners , dog owners and other interested parties. Contact with all of these groups will result in some sort of
compromise.
What specific attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Community Services Commission?
I believe I can enhance the work of the CSC because I am currently a member, and am aware of the duties and
responsibilities of serving on the Commission. I am an effective speaker, enjoy community activities and relate well to
others. I have thoroughly enjoyed this past year and thank both the Council and the CSC staff for their support.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submli Application
179
GO CITY OF LA QUINTA
NAME:
Date: 012 i/
APPLICATION TO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
Ile- L
A v;S
HOME ADDRESS: S- Y) 0- Iq Uew 4A 1214 -' a f/ L, , CA q ZZJ-)
(Must be a La Quinta resident and eligible to vote in We City.)
TELEPHONE: (HOME) % �0 9 �} ��I % BUSINESS:
EMAIL: n AyU I"-1, tA _,Ir FAX: K 2f
BUSINESS ADDRESS:
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
LENGTH OF RESIDENCE IN LA QUINTA:
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?
,-j
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
/mod L 2 tt-, �- (i, r f 7/ /;1 �, / A /2e L-J ,/ A L„S G,. /l1
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•-" 180
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the. La Quinta
Community Services Commission.
What specific issues or problems face the La Quinta Community Services Commission and do you
have any suggestions to address those issues or problems?
i.n Z-e,s
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quinta Community Services Commission?
%' P
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
RECEIVED
1011 " 18 RBI 10 23
Date:S
CITY OF LA QUINTA
CITY CLERK'S OFFICECITy OF LA QUINTA
APPLICATION TO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAM
HOME ADDRESS:
,AU(0, CQA M� �.rflo2la
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME)16 L 3 9 9- 9 S 7' BUSINESS:
M
BUSINESS ADDRESS:
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD: 14k A
yj
LENGTH OF RESIDENCE IN LA QUINTA: 15 YCA,, —"A--,PA �A `` ^
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yn CA-
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta
Community Services Commission.
What specific issues or problems face the La Quints Community Services Commission and do you
have any suggestions to address those issues or problems?
y sp'(aabl' �� we lo) 3(—
What specific attitudes, skills and/or expertise do you think you have which would .enhance the
work of the La Quinta Community Services Commission?
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Date:' _ IF c2D11
RECEIVED
2011 Mny 19 Are 9 C;�Y OF LA QUINTA
CITY OF LA QUTAPPLICATION TO SERVE
CITY CLERK'S OFFICE ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAME: H I WaL Q , W Ra 5
HOME ADDRESS: 43-100 01,1LA RkIm mi:. wiI
(Must be/ as to Quinta ident and eligible to vote in the City.)
AA0TELEPHONE:(HOME)AJ fDi0-6gox USI E f 46
i 1� BUSINESS: ��� � - 7
EMAIL: Wad(', �{U1YpMC� TCMP�, iAYvi FAX:
BUSINESS ADDRESS: 41-111 MoMPCI. ,-3SIUY)I D (R . q;Z001
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
dPK-N( ITIgV DHy6lc T1 R0,111a.�JS�AyyMH9JFIr
LENGTH OF RESIDENCE IN LA QUINTA: '-14"Y Cay-S
I
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION?
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
LH e*&Ki _'4e-C
�Zn. �Pzcr, .�zr,��li�rnehi C%kC2r�� GC�tu.�i%
N 184
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quints
What specific issues or problems face the La Quinta Community Services Commission and do you
have any suggestions to address those issues or problems?
0
f
n� i�_AAll
A-
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quints Community Services Commission?
. .s
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
,IV 135
RECeIVEo
MpY 13 20t1
CITY OF Qugrx
CtT / OLEO'
sp;kasw
Date: April28, 2011
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAME: Bob Leidner
HOME ADDRESS: 56498 Palms Drive, La Quinta, CA 92253
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE: (HOME).760-564-4427
BUSINESS:760564-8700
EMAIL: bobleidner@dc.rccom FAX:760564-8667
BUSINESS ADDRESS: 56498 Palms Drive, La Quinta, CA 92253
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
Best Practices Network - PresidenttCEO
LENGTH OF RESIDENCE IN LA QUINTA: 8+years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? many
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
refer to the attachments
to 186
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community
refer to the attachments
What specific issues or problems face the La Quinta Community Services Commission and do you have
any suggestions to address those issues or problems?
refer to the attachments
What specific attitudes. skills and/or exnertise do vnu think'vnu have which would enhance the work of
the La Quinta Community Services Commission?
refer to the attachments
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
187
BOB LEMNER
56498 Palms Drive
La Quinta, CA 92253
760 564-4427
Relevant Work Experience
2003- Present - Best Practices Network, Inc. - President / CEO
• Plus Sales Division
o Establishes distribution network throughout United States
and Canada for lighting products imported from Asia.
2010- Present - HK Lane Real Estate - Realtor
1982-2003 - Regency Lighting - President / CFO (Retired in 2003)
• Built company from start-up to $60 million in annual sales and 250
employees
• Designed all initial processes
• Developed management team
• Took the company from local to statewide industry leader
• Took the company from statewide to national leader
• Built network of 5 locations across the U.S. with structure prepared
• Responsible for oversight of all departments including sales, service,
distribution, purchasing, accounting, IT and HR.
1982- Present- Leidner Properties - Co -Owner
• Own and manage apartment buildings in Greater Los Angeles area along
with my wife Sue.
Bob Leidner
Recent or Current Civic & Board Affiliations
• Commissioner and Former Chairperson - City of La Quinta -
Community Services Commission
• Committee member - La Quinta 25 h Anniversary Planning
Committee
• Current Chairman of the Board of Directors - CVSPIN -
Coachella Valley Serving People in Need - Organizer of the annual
Tour de Palm Springs Bike Ride for Charity.
• National Board of Directors - Association of Professional Energy
Managers (APEM)
• Member - La Quinta Rotary Club
• Member - NEMRA - National Electrical Manufacturers
Representatives Association
• Member - NACM - National Association of Credit Managers
• Certified - Green Lights Ally - Environmental Protection Agency
(EPA)
• Member - AAGLA - Apartment Association of Greater Los
Angeles
• Sponsor - La Quinta Sports and Youth Association
• Affiliate Consultant- Resource Associates Corporation
• Member - Distributor Council - Philips Lighting - Somerset, NJ
• Member - Advisory Board - California Restaurant Association
• Member - Advisory Council - Radiant Lamp Manufacturer
• Chairperson - King's College and Seminary Golf Tournament and
Auction
• Member - BOMA - Building Owners and Managers Association
• Sponsor - Valley Christian Athletic Association
• Board of Directors - Regency Lighting
..0 189
Application, Community Services Commission - Bob Leidner
Describe your knowledge of the functions, regulations, and procedures of
the La Quinta Community Service Commission.
o Having served on the Community Services Commission since 2004 and
served as both Chair and Vice -Chair on various occasions, I have had
the opportunity to become fully involved in all meetings, obligations,
activities and departmental interactions that are a part of the
responsibilities of a Commissioner.
o I have completed the ethics training program that is required by the
state which further qualifies me to understand the necessary
procedures and standards involved with the position.
• What specific issues or problems face the La Quinta Community Services
Commission and do you have any suggestions to address those issues or
problems?
o The current Community Services Commission is made up of very strong
and capable professionals, each bringing their own expertise and
opinions to the table. We have been fortunate that many lively
debates have occurred on multiple issues over the past few years, and
for that I am thankful. While I don't always agree with the final
outcome, I believe strong and thoughtful recommendations are
presented to the City Council for consideration.
o Getting the community involved with regard to discussions that the
city may be facing is a challenge for the Community Services
Commission. We haven't had significant success in gathering
interested citizens to participate in discussions at our meetings
(other than the recent dog park issue). I would like to see the
Commission do a better job as a liaison with other organizations as
well as develop a stronger relationship with the Desert Sun in order to
prompt meaningful dialog on issues that concern the entire community.
190
Application, Community Services Commission - Bob Leidner
Page 3
• What specific attitudes, skills and/or expertise do you think you have which
would enhance the work of the La Quinta Community Services Commission?
o My experiences as a businessman, a commissioner, a family man and as
a volunteer have all been grounded on a simple principle - Provide
value and serve with integrity in all that you do.
If selected to continue as a Community Services Commissioner, I am hopeful
that I will prove to be of value to the Mayor, to the City Council, and to the
City of La Quinta.
Thank you for you consideration.
Bob Leidner
191
'a 'evEV
C OVA
CITY OF LA QUINTA
APPLICATION TO SERVE
Date: -�4—Z9—//
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAME: &z7—iQAGD G01Vb0A
94 8 z 145-811 ZY
HOME ADDRESS: IvES>M/N�?G6C .
(Must be a La Quinta
f79 8Z 7 e,45WG6C 614,
LA Gt !//NTq 1Gf19 7-2-53
►ible to vote in the City.)
TELEPHONE: (HOME) (914) 53/--06F7 BUSINESS:
BUSINESS ADDRESS:
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
COUNTY O.c' 01qAN4E 7_ A/L5 COMMITTED GNA/R
LENGTH OF RESIDENCE IN LA QUINTA: yam, MO (�o��NT �ovSE}
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? YES
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
sEE /��svME
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures+*j' the La Quinta
Community Services Commission.
ANAL`/ZES /V��OS FoR R�C�QEATioN, SoC/AL
SERv/GES PieoGRAMS /��i/�.�s FEES E>C', Fo�Q
GIoMM vN/T y MgST�-R PLAN.s
What specific issues or problems face the La Quinta Community Services Commission and do you
have any suggestions to address those issues or problems?
What specific attitudes, skills and/or expertise do you think you have which would enhance the
work of the La Quints Community Services Commission?
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PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
.,.p 193
Resume
Gerald London
9482 Asbury Circle & 79827 Castdle Drive
Westminster, Ca 92683 La Quints, Ca 92253
(714) 531-0697
g_london@yahoo.com
Goal: To be of service to the City of La Quinta
Public Service — I*Yrs.
Orange County Regional Recreational Trails Advisory Committee
Orange County Airport Arts Commission - Chairman
Westminster Cultural Arts Commission — Chairman
Westminster Traffic Commission — Chairman
Westminster Community Advisory Group- vce Chair.
Westminster historical Society & TBE Board
Defense Engineering — 35 Yrs.
Consultant Engineer on
Star Wars "SDP'— Rockwell
"MX" intercontinental Ballistic Missile — Northrop
Early Warning System — Brunswick Defense
Engineering Designer — Hughes Aircraft Culver City
Military Communications Satellite "HS350-F6" &
"Am-"' Apache Advance Attack Helicopter,
Trident Submarine, Boeing 747 Aircraft
Also Designed Mickey Mouse Telephone — Bell Western Elect.
Education:
City College of New York
Christopher Columbus H.S.
Personal:
4A.'L r
Married 4*Yrs. 3 Adult Children & 9 Grandkids
Hobbies — Photography, Art, Going to Theatre, Outdoor Activities & Traveling
i
RECEIVED
2011 may (0 Ail 1104
Date: May 19, 2011
CITY OF LA QUINTA
CITY CLERK'S OFFICE
CITY OF LA QUINTA
APPLICATION TO SERVE
ON
LA QUINTA COMMUNITY SERVICES COMMISSION
NAME: Luz Elena Moreno
HOME ADDRESS: 51930 Avenida Villa La
(Must be a La Quir
TELEPHONE: (HOME). 760 485-9045
EMAIL: ixchetl1@yahoo.com
inta, CA 92253
resident and eligible to vote in the
BUSINESS:760 601-3714
FAX:760-674-9923
BUSINESS ADDRESS: 75-105 Merle Dr. Ste. 800 Palm Desert, CA 92253
IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD:
Regional Access Project Foundation/HEALNet Project
LENGTH OF RESIDENCE IN LA QUINTA: 10 years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
Bom in Mexico on June 29, 1954, becoming an American Citizen because of love for this country, moved to
the Desert in 1976 from San Diego California. Single mother of three beautiful girls, one still at home who is
graduating from LQHS in June 2011.
-2010 - College of the Desert, Associates Teachers Certificate for Early Childhood Education
1 - Retired from CVUSD Children Family Services Department, Parent Educator and Case
working as Administrative Assistant for the HEALNet Project under the Regional Access Project
A registered voter, passionate about community health, children and family. A volunteer event coordinator
for the CVUSD and Los Medicos Voladores (Flying Doctors) Recently recognized for outstanding
leadership and years of unselfish service as the "Oasis Project Coordinator'. Working with community
based organizations, cities, hospitals and schools to link families with services and provide opportunity for a
healthier lifestyle.
A Booster member for LQHS Band and Color guard, and volunteer for Loma Linda School of Dentistry
Community Service Outreach Program Compassion Clinic.
APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Communitv
Community Services Commission meets the second Monday of each month at 5:30 PM. Seven members appointed by
Council sit on the commission and it's under the Community Services Department. They submit recommendations to
City Council on community service programs, parks and recreation facilities maintenance. Recommends recreation and
al programs, listens to community issues and gives recommendations. The Community Services Commission looks for
applies for grants and donations, they prepare and maintain community service master plan. Special events, the Silver
k Resort, Senior Center the Library and Museum are also a piece of the CSC functions.
vvnat specitic issues or problems face the La Quinta Community Services Commission and do you have
any suggestions to address those issues or problems?
ntly there is one issue that concerns the citizens of La Quinta, and that is the expansion of Seasons small dog park.
ents concerns includes issues such as parking, safety and community revery. This is a difficult matter, we are very
to have so many dog parks in our city and pleasing everyone is impossible. I know the Commission decided to
emend expanding Fritz Bums dog park and leaving the other parks as is for now. I believe that is a good
emendation that will provide more small dog area for the residents near Fritz Bums park. Hopefully the traffic near
ins park will not increase and parking modifications be made to maintain the safety of the community.
vvnat specltic attitudes, skills and/or expertise do you think you have which would enhance the work of
the La Quinta Community Services Commission?
As a resident of La Quinta, it's important to have a voice in your community. The experience obtained as a community
event organizer can bring new ideas and perspectives to the commission. The ability to communicate in English and
Spanish opens new opportunities for other ethnic groups. Provide a network of partnerships and resources that may
enhance our service delivery system and activities. Good listening and communication skills and compassion for others.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. O. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
196
VOku. .n.J , v
G1TY QE LA QUtNTA
APPLiCATION TO SERVE
M
RECEIVED
2011 nRY 16 AM 5 27
LA QUiNTA COMMUNITY SERVIC€S COM tSPRUINTA
CITY CLERK'S OFFICE
NAME: Wayne K. Wranecki
HOME ADDRESS.: 47-8%Dan I Buttertfy
(Must be a La Quinta resident and eligible to vote in the City.)
TELEPHONE. (HOME). 760-296-1444 BUSINESS.
EMAiL: yneckil@dc.rr.com. FAX:
BUSINESS ADDRESS:
IF EMPLOYED, LEST YOUR EMPLOYER. AND POStTION(S) YOU HOLD -
Retired
LENGTH OF RESIDENCE IN LA QUINTA: 3.3Years
HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? yes
Biographical sketch, including education, work experience, civic involvement and other back-
ground. Please be sure to include experiences relevant to duties of the position you seek.
f owned a Financial Consulting business. I designed, developed, implemented financial and investment
strategies for individuals and small business to accumulate financial independence and wealth
accumulation. Elected to the position of Town Chairman for two terms. Established a long term budget,
road building and repair program, accomplished the building of our new Municipal Center and Fire
Department along with our new Municipal Park. Prior to election of Town Chairman, I served on the Towns
Planning, Parks and Asset Commissions. I also served on the following County Board of Supervisors -
Commissions and Committees. Economic Development, Planning, Parks & Recreation and Zoning. I have
also served on several Board of Directors for the United Way, Red Cross and Chambers of Commerce, t
am currently a member of. the City of La Quinta CERT and am the CFO of the La Quinta GERT50'f(3)(c) i
would be honored to serve on the Community Services Commission. Thank you for this opportunity and
have a happy day.
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APPLICATION, COMMUNITY SERVICES COMMISSION
PAGE 2
Describe your knowledge of the functions, regulations, and procedures of the La Quinta Community
I am somewhat familiar with the functions; regulations and procedures of the La Quinta Community Services Commission.
What specific issues or problems face the La Quinta Community Services Commission and do you. have
any suggestions to address those Issues or problems?
a a growing and progressive City. As we continue our growth; I believe we need a vision and plan for our future. The
ienge is to complete the vision, as set out by our elected officials, staff arid- most importantly our citizens of the City of U
What specific attitudes, skills and/or expertise do you think you t>ave which would enhance the work of
the La Quinta Community Services Commission?
ani a builder of visions, a good listener and a consensus builder. I would be honored to serve on the Community Services
:ommission. Thank you and have a happy day.
PLEASE RETURN THIS APPLICATION TO:
CITY CLERK DEPARTMENT
78-495 CALLE TAMPICO, LA QUINTA
P. 0. BOX 1504, LA QUINTA, CA. 92247
THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT
Submit Application
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