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2013 04 16 CCT4ht 4 4 Qu&& City Council agendas and staff reports are now available on the City's web page: wwwde-guinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, APRIL 16, 2013 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, 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. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CLOSED SESSION - NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH CITY ATTORNEY, ANTICIPATED LITIGATION, INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) (one matter) 2. CONFERENCE WITH CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT SILVERROCK RESORT (APNS: 770200026; 776150021 /023; 777060056-059, 061 /062; 777490004, 006/007/012 AND 014). PROPERTY OWNERS/ NEGOTIATIORS: BRIAN D. ADLER, BEVERLY PARK DEVELOPMENT; TOM CITY COUNCIL AGENDA April 16, 2013 1,4 001, COLLOPY, DISCOVERY LAND COMPANY; AND ROBERTS. GREEN, JR., THE ROBERT GREEN COMPANY RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA PRESENTATIONS 1. - PROCLAMATION TO THE RIVERSIDE COUNTY DEPARTMENT OF MENTAL HEALTH IN HONOR OF MAY 2013 AS MENTAL HEALTH MONTH WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. MINUTES OF APRIL 2, 2013 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. REVENUE AND EXPENDITURE REPORTS DATED FEBRUARY 28, 2013 AND INVESTMENT SUMMARY REPORT FOR QUARTER ENDING MARCH 31, 2013 2. CITYWIDE POLICY CHANGE FROM SUMMARY MINUTES TO ACTION MINUTES 3. EXCUSE BOARD MEMBER DAVID PARK'S ABSENCE FROM THE APRIL 10, 2013 INVESTMENT ADVISORY BOARD MEETING 4. EXCUSE CHAIRPERSON KATHLEEN FITZPATRICK'S ABSENCE FROM THE MAY 13, 2013 COMMUNITY SERVICES COMMISSION MEETING CITY COUNCIL AGENDA 2 Apriklb, 2013002 5. AMENDMENT TO THE LEAGUE OF CALIFORNIA CITIES BYLAWS REGARDING PREREQUISITES FOR SUBMITTING RESOLUTIONS TO THE GENERAL ASSEMBLY AND FOR TAKING A POSITION ON ANY STATEWIDE BALLOT MEASURE 6. PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND ADVERTISEMENT FOR BID OF THE SILVERROCK RESORT PARKING LOT AMERICAN WITH DISABILITIES ACT (ADA) IMPROVEMENTS, PROJECT NO. 2012-09 7. PROFESSIONAL SERVICES AGREEMENT WITH TRAFFEX ENGINEERS, INC. FOR TRAFFIC ENGINEER SERVICES 8. RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS FOR PARCEL MAP NO. 36405, LA QUINTA RETIREMENT COMMUNITY, LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP [RESOLUTION 2013-0161 9. REJECT ALL BIDS AND READVERTISE FOR BID THE CALLE SINALOA AND AVENUE 52 SIDEWALK INFILL IMPROVEMENTS, PROJECT NUMBER 2012- 08 10. DEMAND REGISTER DATED APRIL 16, 2013 11. TREASURER'S REPORT DATED FEBRUARY 28, 2013 12. RESOLUTION IN SUPPORT OF ENTERPRISE ZONES [RESOLUTION 2013- 0171 STUDY SESSION 1. SILVERROCK RESORT FINANCIALS BUSINESS SESSION 1. SILVERROCK RESORT 2013/2014 ANNUAL PLAN 2. SILVERROCK GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT, LLC 3. SELECTION OF SILVERROCK DEVELOPER «�... 003 CITY COUNCIL AGENDA 3 April 16, 2013 REPORTS AND INFORMATIONAL ITEMS 1. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Evans) 2. CVAG CONSERVATION COMMISSION (Evans) 3. CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (Evans) 5. ANIMAL CAMPUS COMMISSION (Franklin) 6. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Franklin) 7. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Franklin) 8. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Franklin) 9. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Franklin) 10. CVAG PUBLIC SAFETY COMMITTEE (Henderson) 11. CVAG TRANSPORTATION COMMITTEE (Henderson) 12. LEAGUE OF CALIFORNIA CITIES DELEGATE (Henderson) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Henderson) 14. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Osborne) 15. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (Osborne) 16. CVAG EXECUTIVE COMMITTEE (Adolph) 17. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Adolph) 18. SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE (Adolph) 19. SUNLINE TRANSIT AGENCY (Adolph) 20. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (TEAL) 21. INVESTMENT ADVISORY BOARD MINUTES DATED JANUARY 9, 2013 DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK - UPCOMING EVENTS AND CITY COUNCIL CALENDAR 4. COMMUNITY DEVELOPMENT A. VERBAL UPDATE - CALIFORNIA BIO-MASS B. VERBAL UPDATE - INDIO POLO FIELDS GOLDENVOICE CONCERTS C. DEPARTMENT REPORT FOR MARCH 2O13 D. UPDATE ON THE CITY'S GOLF CART PROGRAM 5. COMMUNITY SERVICES A. DEPARTMENT REPORT FOR MARCH 2O13 B. QUARTERLY MARKETING REPORT 6. FINANCE DEPARTMENT 7. PUBLIC WORKS ,w - 004 CITY COUNCIL AGENDA 4 April 16, 2013 A. DEPARTMENT REPORT FOR MARCH 2O13 B. RESPONSE TO PUBLIC COMMENT 8. POLICE DEPARTMENT - QUARTERLY REPORT ENDING MARCH 2O13 9. FIRE DEPARTMENT — QUARTERLY REPORT ENDING MARCH 2O13 MAYOR'S AND COUNCIL MEMBER'S ITEMS PUBLIC HEARINGS — NONE NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 PM UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED. ADJOURNMENT The next regular meeting of the City Council will be held on May 7, 2013, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted near the entrance to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on April 11, 2013. DATED: April 11, 2013 SUSAN MAYSELS, 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 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. 1". 005 CITY COUNCIL AGENDA 5 April 16, 2013 • If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. • If background material is to be presented to the Planning Commission 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(s) on this agenda will be made available for public inspection at the Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 006 CITY COUNCIL AGENDA 6 April 16, 2013 Honorable Mayor Don Adolph City of La Quinta 78-495 Calle Tampico La Quanta, CA 92253 Dear Sir, APR`' 5 2013 l'' ItiL(fr/1 nrrof a wlRu April 3, 2013 GN1 GG( I felt compelled to write you today after experiencing outstanding public service by the La Quints Police Department today. I work as an Investigator for a local public utility and have previously held positions in Law Enforcement in another state including Chief of Police. In my current. occupation 1 have the opportunity to work with members of different departments of local law enforcement. The La Quinta Police Department consistently responds in an expeditious manner and Is eiway; courteous, professional, and proficient in apprehending suspects. A couple of months ago one of our company vehicles was stolen as the driver was several feet from it. A parolee who had just been released that morning stole the vehicle. La Quinta Police responded and had the suspected apprehended within 10 minutes. They were able to block all exits of the.parking lot the suspect fled into and there were no injuries to anyone and the vehicle was not damag4d. Today I called for assistance when one of our company vehicles was rear -ended. Officers were on scene less than one minute after I got off the phone with dispatch. These are just several examples of outstanding service out of many I have had. I feel it is important to recognize this exceptional performance. I live in a neighboring city and two weeks ago my 12,year old son was robbed with threat of a firearm by three individuals. They took his cell phone, money and bag of groceries. He fied.on foot and alerted me. We were back at the scene within two minutes. I immediately called 911 and 33 minutes later the first car arrived. The officer never acknowledged my son or I and instead talked to a passerby who saw the tail end of the incident. 50 minutes after the 911 call a second car arrived, The officer was very courteous. However, it was an hour before the first car started searching the area. Iwas never notified of the results and they never told. whether or not the officers got footage from In side the pharmacy store where myson first saw one of the suspects pass him in the aisle. This is totally unacceptable. This was a robbery of a clean cut, 4.0 GPA youth) Rest assured that now we have settled into the valley I will be purchasing a home in La Quinta where the streets are safe and I know my tax dollars will go to good use, Job Well Done La Quinta I Sincerely, Roby' ert Haskell 760-719-9276 Cc: Frank Spevacek, La Quinta City Manager Sheriff Stanley Smith, Riverside County Sheriff Captain Andrew Shouse, La Quinta Police From: desertrose17@dc.rr.com Sent: Thursday, April 11, 2013 9:16 AM L To: City Managers Office Subject: LIBRARYIII ry a APRIL 10 GOOD MORNING MAYOR AND ALL CONNECTED WITH THE BEAUTIFUL CITY OF LA QUINTAII I AM A RESIDENT, AND LOVE OUR COMMUNITY.... AND I AM VERY PROUD OF ALLTHE HARD WORK EVERYONE CONNECTED WITH THE CITY DOES TO KEEP OUR COMMUNITY AS BEAUTIFUL AS IT ISI I I THANK YOU ALLII I WOULD LIKE TO TELL YOU ALSO WHAT A GREAT JOB THE PEOPLE DO WHO CARE FOR OUR PARKSI THEY ARE WONDERFULI THANKYOUI I REALLY ENJOY ALL THE AVAILABLE ACTIVITIES THAT HAPPEN ALSO ...... I LOVE OUR LIBRARYI IT IS BEAUTIFUL AND A GREAT PLACE TO GO AND RELAX, READ, CHECKOUT VIDEOS AND WONDERFUL BOOKS .... ;AS WELL AS LOTS OF OTHER TERRIFIC SERVICES. PLEASE- PLEASE- KNOW HOW IMPORTANT OUR LIBRARY ISI IT IS A DIFFICULT TIME FINANCIALLY NOW I KNOW.... BUT SOMETHINGS SHOULD NOT BE CHANGED OR CLOSED.... WE NEED OUR LIBRARY. IT IS AN IMPORTANT PLACE FOR ALL OF US. WE NEED TO TOUCH AND FEEL AND SMELL BOOKS ..... AND FIND THE AMAZING PLACES THEY WILL TAKE USI IT IS ALSO WELL TAKEN CARE OF TOO .... AND GOOD RESPONSIBLE HELPFUL PEOPLE WORK THERE. THANK YOU FOR ALL THATI RESPECTFULLY, NANCY HOFFMAN LA QUINTA PROUD RESIDENT '.fir 008 cF'y of TtR'�� AGENDA CATEGORY: CIT SA/HAXA MEETING DATE: April 16, 2013 BUSINESS SESSION: ITEM TITLE: Receive and File Revenues and CONSENT CALENDAR: — Expenditures Report dated February 28, 2013 and Investment Summary Report for the Quarter Ending STUDY SESSION: March 31, 2013 PUBLIC HEARING: RECOMMENDED ACTION: Receive and File. EXECUTIVE SUMMARY: Monthly and year-to-date revenues and expenditures of the City of La Quinta and Investment Summary Report for the Quarter Ending March 31, 2013. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Receive and File Transmittal of the February 28, 2013 Statements of Revenues and Expenditures for the City of La Quinta and the Investment Summary Report for the Quarter Ending March 31, 2013. ALTERNATIVES: None. Respectfully submitted: a"44VA-- RobbeynLtird, Finance Director Attachments: 1. Revenues and Expenditures Report for February 28, 2013 2. Investment Summary Report for the Quarter Ending March 31, 2013 r 009 CRY OF LA OUINTA REVENUES -ALL FUNDS 0710112012. 07/26I2013 FUNDS ADJUSTED BUDGET RECEIVED REMAINING BUDGET % RECEIVED General $33.156,521.00 $16.489,159.28 $16,667,361.72 49.70% Library 2,049,957.00 998,841.89 11061,115.11 48.70% Gas Tan Revenue - 994,900.00 481,831.60 513,068.40 48.40% Federal Assistance 300.350.00 0.00 300.350.00 0.00% JAG Grant 12,034.00 8,723.14 3,310.86 72.50% Slesf (Cops) Revenue 100,000.00 48.94 99,951.06 0.00% Indian Gaming 105,844.00 0.00 106,844.00 0.00% Lighting B Landscaping 960,000.00 511.701.83 448,298.17 53.30% RCTC 0.00 0.00 0.00 0.00% Development Funding 0.00 0.00 0.00 0.00% Crime Violent Task Farce 230,347.00 23,576.45 206,770.55 10.20% Asset Forfeiture 0.00 18.02 (18.02) 0.00% AS 939 I 4,300.00 1.787.70 2.512.30 41.60% Quimby 20,000.00 16,561.46 3,438.54 82.80% Infrastructure 100.00 0.00 100.00 0.00% Proposition 1B 287,307.00 105.27 287.201.73 0.00% South Coast Air Quality 417,100.00 33.936.69 383,163.31 8.10% CMAQ/ISTEA 0.00 0.00 0.00 0.00% Transportation 523,300.00 369,100.61 154,199.39 70.50% Parks B Recreation 89,200.00 81,602.00 7,598.00 91.50% Civic Center 127,600.00 66,505.33 61,094.67 52.10% Library Development 35,500.00 16,868.00 18,632.00 47.50% Community Center 13,400.00 7.360.63 6,039.37 54.90% Street Facility 20,000.00 14,107.86 5,892.14 70.50% Park Facility 2,200.00 2.318.94 (118.94) 105.40% Fire Protection Facility 29,800.00 33,775.20 (3,975.20) 113.30% Arts In Public Places 99,800.00 33,690.75 66,109.25 33.80% Interest Allocation ' 0.00 42,771.48 (42,771.48) 0.00% Capital Improvement 102,569,789.00 29,495,360.75 73.074,428.25 28.80% Equipment Replacement 592.124.00 394,217.68 197,906.32 66.60% Information Technology 495,781.00 329,957.95 165,823.05 66.60% Paris Equipment & Facility 512,223.00 336,679.81 175,543.19 65.70% SilverRock Golf 4,042,917.00 2,135,613C06 1.907.312.94 52.80% SilverRock Goff Reserve 69,215.00 870.66 68,344.34 1,30% La Quints Public Safety Officer 2,100.00 2.058.19 41.81 98.00% Supplemental Pension Savings Plan 900.00 349.99 550.01 38.90% Measure'A' - 0.00 0.00 0.00 0.00% La Quina Financing Authority 678.130.00 578,086.25 100,043.75 85.20% Successor Agency 1,063,271.00 6,994,676.14 (5,931,405.14) 657.80% Successor Agency to RDA Project Area No. 1 16,526,862.00 29,687.71 16.497,174.29 0.20% Successor Agency to RDA Project Area No. 2 3,627,301.00 13,396.94 3,613,904.06 0.40% La Quints Housina Authority 19 369 954.00 18 821 159.08 548 994.92 97.20% Total $189 730 127.00 678 366 498.28 5110 763 628.72 41.40% 010 Cm OF to QUINTA EXPENDITURES -ALL FUNDS FUNDS ADJUSTED BUDGET O7Mino12.02nN2o17 EXPENDITURES ENCUMBERED BEMNNING BUDGET PERCENT General $35,642,367.00 $17,513,828.99 $16,560.50 $18.111,979.21 49.1% Library 1,947,277.00 1,657,785.71 0.00 269,491.29 65.1% Gas Tax 994,900.00 663,264.00 0.00 331,638.00 NJ% Federal Assistance 274,955.00 36,751.99 0.00 238,233.01 13.4% JAG Giant 12,033.00 8.723.14 0.00 3,309.86 72.5% Shot(Cope) Revenue 100,000.00 0.00 0.00 100,000.00 0.0% Indian Gaming ilex.00 0.00 0.00 118,308.00 0.0% Lighting S Landscaping WOM0.00 W.000.00 am 320,00000 66.7% RCTC 0.00 0.00 am 0.00 0.0% Develognent Agreement 000 0.00 0.00 0,00 0.0% CV Valent Crime Teak Force 68,49000 33,425.59 000 35,084A1 48.8% A8939 307,999.00 56,913.0110 2,00000 251.081 17.8% Quimby 9,200,032.00 9,854.25 0.00 9,190,177.75 0.1% InBastrucom, 242,074.00 242,332.72 0.00 (250.72) 100.1% Proposition 1B 287,307.00 287,307.00 0.00 000 100.0% South Coact Air Quality 415,700.00 15,Set.to 0.00 399,118.9D 4.0% CMAQ 0.00 000 am 0.00 0.0% Tiansporlation 2.766,145.00 1µ5,113A3 0.0 1,321,031.57 52.2% Parka 6 Recresitlon 6,000.00 2,473.72 0.00 3,526.28 41.2% Civic Center 236,939.00 15Q745.63 000 86,193.17 63.6% Library Development 9,400.00 6,750.72 000 2,649.28 71.8% Community Center 0.00 0.00 0.00 0.00 0.0% Street Facility 10,000.00 4,500.12 000 5,499.88 45.0% Park Facility 2.200.00 1,219.01 0.00 980.99 55.4% Fire Protedbn 4.700.00 2.024.41 0.00 2.675.59 43.1% Arts In Pubic Paces 536,2130.00 26,925.27 0.00 509.274.73 5 0% Interest Allocaton 0.00 33,142.88 0.00 (33,142.88) 0.0% Capital Improvement 102.559,759.00 29,495,380.76 0.00 73,074,428.25 28.8% EOulpmenl Repkicament 582,21700 121,720,81 0.00 46Q496.19 20.9% IntomaSon Technology 547,649.00 221,893.as 0.00 325,955.14 40.5% Park Maintenance Fadity 552.523.00 000 O.W 552,523.00 0.0% SilverRock Gat 3,888,038.00 2,480,826.31 - 000 1,407,211.69 63.8% SilverRock Reserve 000 0.00 0.00 000 0.0% LQ Public Safety Of zer 2.000.00 0,00 0.00 2,000.00 0.0% Supplemental Pension Savings Plan 12,833.00 12AUA5 000 0.14 100.0% MeasureW 412,50000 000 0.00 412,50000 0.0% La Quints Financing Authority 678,130.00 583,489.25 000 94,640.75 88.0% La Quints Housing AuNalty, 26,181,020.00 25,888,902.17 0.00 292,117aG 98.9% Successor Agency 6,438,132.00 437.652.25 0.00 5,000579.75 88% Successor Agency W Project Nee No. 1 55,937,288.00 15,062,067.73 0.00 40,875,220.27 26.9% Successor Agency to Project Area No. 2 23,198,858.00 16,489,020.95 0.00 6,709,845.05 71.1% Total 1 S275114 241.00 $113.631.327,82 $15 550.80 I $161 494 35l! 3W GENERAL FUND REVENUES DETAIL 0710112012.02128/2013 TAXES: Property Tax No Low Property Tax Distribution Non -RDA Property tax Statutory Tax - LQ Statutory Tax - Riverside Cary Sales Tax Sales Tax Reimbursement Document Transfer Tax Transient Occupancy Tax Transient Occupancy Tax - Mitigation Measures Franchise Tax TOTAL TAXES LICENSE & PERMITS: Business License Animal License Building Permits Plumbing Permits Mechanical Permits Electrical Permits Garage Sale Permits Misc. Permits TOTAL LICENSES & PERMITS FEES: Sale of Maps & Publications Community Services Fees Finance Bldg & Safety Fees Bldg & Safety Lease Revenue SMIP Administration Fees Planning Fees Public Works Fees TOTALFEES Motor Vehicle In -Lieu Motor Vehicle Code Fines Parking Vitiations Misc, Fines Federal Govt Grants County of Riverside Grant State of California Grant Fire Services Credit - Capital (10150003375010) Fire Services Credit - Oper (10150003375000) CVWD CSA152 Assessment TOTAL INTERGOVERNMENTAL INTEREST MISCELLANEOUS Miscellaneous Revenue A8939 Mitigation Measures Rental income Advertising Coop Cash Oved(Shon) TOTAL MISCELLANEOUS TRANSFERIN TOTAL GENERAL FUND ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 1,970,307.00 1,656,074.38 314,232.62 84.050% 3.922.500.00 2,201,880.89 1,720.619.11 56,130% 366,000.00 145,606.65 220,393.35 39.780% 190,000.00 0.00 190,000.00 0.000% 80,000.00 0.00 80,000.00 0.000% 6,007,500.00 2.754,104.45 3,253,395.55 45.840% 2,002,500.00 1,081,036.80 921,463.20 53.980% 441,500.00 258,645.44 182,854.56 58.580% 4,600,000.00 2.303,103.83 2,296,896.17 50.070% 251,000.00 (74,135.29) 325,135.29 -29.540% 1,457,730.00 651,914.92 805,815.08 44.720% 21,289,037.00 10,978,232.07 10,310,804.93 51.570% 298,400.00 190,507.70 107.892.30 63.840% 22,300.00 15,112.00 7,188.00 67.770% 208,300.00 139,872.25 68,427.75 67.150% 24,400.00 20,457.75 3,942.25 83.840% 24,800.00 21,055.50 3,744.50 84.900% 25,200.00 20,171.97 6,028.03 80.050% 16,100.00 9,260.00 6,840.00 5T520% 39,900.00 30,558.20 9,341.80 76.590% 659,400.00 446,995.37 212,404.63 67.790% 1,885.00 334.60 1,550.40 17.750% 424,594.00 309,780.91 114,813.09 72.960% 7,800.00 180.00 7,620.00 2.310% 312,588.00 133.174.40 179.413.60 42.600% 73,100.00 51,178.84 21,921.16 70.010% 250.00 111.81 138.19 44.720% 74,522.00 40,918.92 33,603.08 54,910% 320,955.00 137,567.50 183,387.50 42.860% 1,215,694.00 673,246.98 542,447.02 55.380% 3,315,000.00 1,590,050.36 1,724,949.64 47.970% 62,900.00 35,499.01 27,400.99 56.440% 27,900.00 21,945.66 5,954.34 78.660% 127,900.00 54,726.69 73,173.31 42.790% 17,693.00 27,593.00 (9,900.00) 155.950% 0.00 0.00 0.00 0.000% 67,042.00 2,070.16 64,971.84 3.090% 0.00 0.00 0.00 0.000% 5,248,914.00 2.148,875.05 3,100,038.95 40.940% 16,800.00 8,400.00 8,400.00 50.000% 253000.00 258859.16 (5859.16) 102.320% 9,137,149.00 4,148,019.09 4,989,129.91 45.400% 444,900.00 173,314.36 271,585.64 38.960% 16,400.00 (5,442.46) 21,842.46 33.190% 92,400.00 24,067.55 68,332.45 26.050% 0.00 0.00 0.00 0.000% 25,000.00 155.00 24,945.00 0.620% 25,000.00 8,650.00 16.350.00 34.600% 0.00 55.30 (55.30) 0.000% 158,800.00 27,485.39 131,314.61 17.310% 251,541.00 41,866.02 209,674.98 16.640% 33.156.521.00 16,489,159.28 16,667,361.72 49.730% h,. 012 CITY OF LA OUINTA GENERAL FUND EXPENDITURE SUMMARY BY DEPARTMENT 07MM12.O202MI3 GENERAL GOVERNMENT: ADJUSTED 0 13 REMAINING BUDGET EXPENDTURES ENCUMBERED BUDGET PERCENTAGE LEGISLATIVE 745,7%,M 403,554.37 0.00 342,204.63 54.11% CITY MANAGERS OFFICE 578,53600 324,0W.M 0.00 252,47567 58.21% DEVELOPMENTSERVICES 1,080,820.00 835,00AS 0.00 245.726.15 77.26% MANAGEMENTSERVICES 1,231,336.00 816101.14 0.00 41517486 6628% TOTAL GENERAL GOVERNMENT 3,63g45100 2,378,869.99 0.00 1.255.651.31 65.45% CITY CLERK W9,553.00 248119.64 0.00 .261433313 4889% TOTAL CITY CLERK 509,553.W 248,119.64 0.00 261,433.38 0.69% COMMUNITY SERVICES PARK6ARECREATIONADMINISTRATI 1.001,148.00 625,825.20 0.00 375,622.74 W.49% SENIORCENTER 425,584.00 239.726,98 0.00 185837.02 56.33% PARKS S RECREATION PROGRAMS 181,634.00 111,2M,67 0.00 70,377.33 61.25% LIBRARY 1,455,300.00 0 1.579.04 0.00 791,720.88 45.80% PARKMAINTENANCE 1,577,412.W W8,574.63 0.00 668,837.37 57,W% MUSEUM 289,7W.00 16249235 000 12728985 5607% TOTAL COMMUNITY SERVICES 4,931,140.00 2711.454.93 0,00 2.219.685.07 5499% FINANCE: BUILDING S SAFETY: POLICE: PLANNING: FISCAL SERVICES B68,281.00 65521543 0.00 313,M5,57 67.67% CENTRAL SERVICES 308,979,00 1616W79 0.00 147286.21 5233% TOTAL FINANCE 1,277,2W.00 816.908.22 0.00 460,351.78 63.98% BUILDING S SAFETY -ADMIN 29g307.00 179.M7.59 0.00 110,469.41 61.95% BUILDING 522,8M.00 407,489.98 0.00 115,37302 77.0% CODE COMPLIANCE 975.951.00 688,724.10 000 309,22590 88.32% ANIMAL CONTROL 424,198.00 310.874.66 0.00 113.M3.34 73.29% FIRE 4,11W, 0 00 2,219,738.85 0.00 2,767,18535 44.51% EMERGENCY SERVICES /91,074.M 120,265.12 0.00 70,808.88 92.94% CIVIC CENTER BUILDING -OPERATION' 1.2M,754.00 883,540.10 000 371,213.W 69.94% TOTAL BUILDING S SAFETY 8,628,051.00 4,768,470.20 0.00 3,857,580.80 5528% POLICE SERVICES - 12,915,491,W 5,491,984.99 0.00 7,423,528.01 42.52% TOTAL PUBLIC SAFETY 12.915.491.00 5,491.1W.99 0.00 7.423,520.01 42.52% PLANNING -ADMIN 664,82500 511,00,C) 0.00 353,771.60 59.09% CURRENT PLANNING 609,196.00 447,867.29 0.00 161,32871 73.52% TOTAL COMMUNITY DEVELOPMENT 1,474,02100 958,920.69 000 515,100.31 65.05% PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 554,289.00 M7,M7.W 000 216,928.48 WS6% DEVELOPMENT S TRAFFIC 642,422.00 306,900.35 0.00 275,521.65 57,11% MAINT/OPERATIONS- STREETS 1,472,603,M 874,519,W 8,838.01 58Q325.19 59.38% MVNT/OPERATIONS- LTG/IANDSCAP 1,416,983.00 60.U&78 0.00 612,61T.22 55.59% CONSTRUCTION MANAGEMENT 1,572.737.00 871,817.M 7,722.79 693,19089 55.43% TOTAL PUBLIC WORKS 5,889,069.00 3,254.W077 18,580.80 2.417,587.43 57,21% TRANSFERS OUT 2,084,807.00 385314.67 0.00 1,706,492.33 18.54% GENERAL FUND REIMBURSEMENTS (5.M9,476.00) (3,5 ,116.81) 0.00 (2,0N.HB19) 63.60% NET GENERAL FUND EXPENDITURES 35662,367,00 17,513,82899 16,5W.W 18,111,979.21 49.14% 013 CITY OF LA GUINTA 0710V2012. 02YtM13 ALL OTHER FUNDS REVENUE DETAIL ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED LIBRARY: County of Riverside 2,043,357.00 996,319.13 1,047,037.87 48.760% Contributions 0.00 0.00 0.00 0.000% Interest - _ 6,600.00 2,522.76 407724 38220% TOTAL LIBRARY 2,049,957.00 998,841.89 1,051,115.11 48.730% GAS TAX REVENUE: Section 2105 205,200.00 89,286.62 115,913.38 43.510% Section 2106 128.600.00 62,185.29 66.414.71 48.360% Section 2107 273,100.00 147,279.57 125,820.43 53.930% Section 2107.5 6,000.00 0.00 6,000.00 0.000% Section 2103 381,800.00 103.069.69 198,730.31 47.950% Traffic Congestion Relief 0.00 0.00 0.00 0.000% Interest 200.00 10.43 18957 5.220% TOTAL GAS TAX 994,900.00 481,831.60 513,068.40 48.430% FEDERAL ASSISTANCE REVENUE: CDBG Grant 300,350.00 0.00 300,350.00 0.000% Federal Stimulus 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0000% TOTAL FEDERAL ASSISTANCE 300.350.00 0.00 300,350.00 0.000% JAG GRANT Grant Revenue 12,034.00 8.723.14 3,310.86 72.490% Interest 0.00 0.00 0.00 0.000% TOTAL JAG GRAM 12,034.00 8,723.14 3,310.86 72.490% SLESF(COPS)REVENUE: SLESF (Cops) Funding 100,000.00 0.00 100,000.00 0.000% Interest 0.00 48.94 (48.94) 0000% TOTAL SLESF(COPS) 100,000.00 48.94 99,951.06 0.050% INDIAN GAMING Grant revenue 105,844.00 0.00 105.844.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL INDIAN GAMING 105,844.00 0.00 105,844.00 0.000% LIGHTING S LANDSCAPING REVENUE: Assessment 960.000.00 511,701.83 448,298.17 53.300% Developer 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL LIGHTING S LANDSCAPING 960,000.00 511,701.83 448,298.17 53.300% RCTC RCTC Funding 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL RCTC 0.00 0.00 0.00 0.000 DEVELOPMENT AGREEMENT FUND Mitigation Measures 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL DEV AGREEMENT 0.00 0.00 0.00 0.000% 071011W12. 02/aMIS CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CRIME VIOLENT TASK FORCE Member Contributions - Carryover 29,952.00 17,968.00 11,984.00 59.990% Gram revenue - JABG 198,595.00 4.158.87 194,436.13 2.090% CLET Line 1,700.00 1,176.53 523.47 69.210% Interest 100.00 273.05 (173.05) 273.050% TOTAL CRIME VIOLENT TASK FORCE 230,347.00 23,576.45 206,770.55 10.240% ASSET FORFEITURE Interest 0.00 18.02 (18.02) 0.000% State Adjudicated 0.00 0.00 0.00 0.000% Federal Adjudicated 0.00 0.00 0.00 0.000% TOTAL ASSET FORFEITURE 1 .0) 0.000 AS 939 REVENUE: AS 939 Fees 0.00 0.00 0.00 0.000% Interest 4,300.00 1,787.70 2,512.30 41.570% Transfer In 0.00 0.00 0.00 0.000% TOTAL AS 939 4,300.00 1,78-1.70 2.512.30 41.5 0 QUIMBY REVENUE: Quimby Fees 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 20,000.00 16,561.46 3,438.54 82.810% TOTAL QUIMBY 20,000.00 16,561.46 3,438.54 82.810% INFRASTRUCTURE REVENUE: Utility refund 0.00 0.00 0.00 0.000% Interest 100.00 0.00 100.00 0.000% Transferin 0.00 0.00 0.00 0.000% TOTAL INFRASTRUCTURE 100.00 0.00 100.00 0.000% PROPOSITION 1B-S81286 Prop 18 Gram 287,307.00 0.00 287.307.00 0.000% Interest 0.00 105.27 05.27) 0.000% TOTAL PROPOSITION 1 B 287,307.0g.2T 20201.730.040§ SOUTH COAST AIR QUALITY REVENUE: S.C.A.Q. Contribution 41,200.00 33,763.77 7,436.23 81.950% MSRC Funding 375,500.00 0.00 375,500.00 0.000% Street Sweeping Grant 0.00 0.00 0.00 0.000% Interest 400.00 172.92 227.08 43,230% TOTAL $CAD 417.100.00 33,936.69 383,163.31 8.140% CMAQIISTEA State Grants 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 0.00 0.00 0.00 0.000% TRANSPORTATION Developer fees 441,500.00 300.050.57 141,449.43 67.960% Interest 1,800.00 4,742.01 (2,942.01) 263.450% Donations 50,000.00 64,308.03 15,691.97 00.390% Transfer in 0.00 0.00 0.00 0.000% TOTAL TRANSPORTATION 523.300.00 369,100.61 154,199.39 70.530% PARKS A RECREATION Developer fees 89,200.00 81,602.00 7,598.00 91.480% Interest 0.00 0.00 0.00 0,000% Transfer in 0.00 0.00 0.00 0.000% TOTAL PARKS & RECREATION 89,200.00 81,602.00 7,598.00 91.480% 07/0112012. 02rMO13 CITY OF LA OUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CIVIC CENTER Developer fees 127.600.00 66.505.33 61,09C67 52.120% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL CIVIC CENTER 127,600.00 66,505.33 61,094.67 52,120% LIBRARY DEVELOPMENT Developerfees 35,500.00 16,868.00 16,632.00 47.520% Interest 0.00 0.00 0.00 0.000% Transfer in 0.00 0.00 0.00 0.000% TOTAL LIBRARY DEVELOPMENT 35,500.00 16,868.00 18,632.00 47.5209/6 COMMUNITY CENTER Developer fees 7,400.00 6,795.60 604.40 91.830% Interest 6,000.00 565.03 5,434.97 9.420% TOTAL COMMUNITY CENTER 13,400.00 7,360.63 6,039.37 54.930% STREET FACILITY Developer fees 17,800.00 12,888.85 4,911.15 72.410% Interest 0.00 0.00 0.00 0.000% Transfer In 2,200.00 1,219.01 980.99 55.410% TOTAL STREET FACILITY 20,000.00 14,107.86 5,892.14 70.540% PARK FACILITY Developer fees 2,200.00 2,318.00 (118.00) 105.360% Interest 0.00 0.94 (0.94) 0.000% TOTAL PARK FACILITY 2,200.00 2,318.94 (118.94) 105.410% FIRE PROTECTION FACILITY Developer fees 29,800.00 33,775.20 (3,975.20) 113.340% Interest 0.00 0.00 0.00 0.000% TOTAL FIRE PROTECTION FACILITY 29,800.00 33.776.20 (3,975.20) 113.340% ARTS IN PUBLIC PLACES REVENUE: Arts in Public Places 97,500.00 31,912.18 65,587.82 32.730% Arts in Public Places Credits Applied 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Donations 0.00 0.00 0.00 0.000% Interest 2,300.00 1,778.57 521.43 77.330% TOTAL ARTS IN PUBLIC PLACES 99,800.00 33,690.75 66,109.25 33.760% INTEREST ALLOCATION FUND: Pooled Cash Allocated Interest 0.00 42,771.48 (42,771.48) 0.000% Transfer In 0.00 0.00 0.00 0.000% TOTAL INTEREST ALLOCATION 0.00 42.771.48 (42,771.48) 0.000% .p 016 07101=12. 02282013 CITY OF LA QUINTA ADJUSTED REMAINING % ALL OTHER FUNDS REVENUE DETAIL BUDGET RECEIVED BUDGET RECEIVED CAPITAL IMPROVEMENT FUND: CVAG 2,801,865.00 149,353.88 2,652,311.12 5.330% CVWD 0.00 0.00 0.00 0.000% County of Riverside 0.00 0.00 0.00 0.00D% Surface Transportation Funding 17,913,052.00 1,044,651.74 16,868,400.26 5.830% City of Indio 0.00 0.00 0.00 0.000% LQAF 54.000.00 54,000.00 0.00 100.000% IID 0.00 0.00 0.00 0.000% RCTC 0.00 0.00 0.00 0.000% Vista Durres Housing LLP 0.00 0.00 0.00 0.000% S8821-Bicycle Path Gram 0.00 0.00 0.00 0.000% State of California 0.00 0.00 0.00 0.000% APP Contribution 0.00 0.00 0.00 0.000% Developer Agreement Funding 787,444.00 381,422.76 406,021.24 48.440% Litigation Settlements 0.00 0.00 0.00 0.000% Transfers in From Other Funds 81,013 628.00 27,865,932.37 53,147,695 83 34 400% TOTAL qP REVENUE 102,569,789.00 29,495,360.75 73,074,428.25 194000% EQUIPMENT REPLACEMENT FUND: Equipment Charges 584,824.00 389.882.16 194,941.84 66.670% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fixed Asset 0.00 0.00 0.00 0.000% Insurance Recoveries 0.00 0.00 0.00 0.000% Interest 7.300.00 4.335.52 2,964.40 59.390% Transfers In 0.00 0.00 0.00 0.000% TOTAL EQUIPMENT REPLACEMENT 592,124.00 394,217.88 197,906.32 66.580% INFORMATION TECHNOLOGY FUND: Charges for services 491,581.00 327,720.00 163,861.00 66.670% Capital Contribution 0.00 0.00 0.00 0.000% Sale of Fbced Asset 0.00 0.00 0.00 0.000% Interest 4,200.00 2,237.95 1,962.05 53.280% Transfers In 0.00 0.00 0.00 0.000% TOTAL INFORMATION TECHNOLOGY 495,781.00 329,957.95 165,823.05 66.550% PARK EQUIPMENT S FACILITY Charges for services 502.523.00 335,015.36 167,507.64 66.670% Interest 9,700.00 1,664.45 8,035.55 17.160% Capital Contributions 0.00 0.00 0.00 0 000 0.000% TOTAL PARK EQUIPMENT III FAC 512,223.00 336,679.81 175.543.19 % SILVERROCK GOLF Green fees 3,350,773.00 1.722,182.91 1,628,590.09 51,400% Range fees 159.973.00 67.514.00 92,459.00 42.200% Resident Card 120,000.00 77,430.00 42,570.00 64.530% Memhandise 311,048.00 167,677.58 143,370.42 53.910% Food 8 Beverage 12.000.00 0.32 11.999.68 0.000% Allocated Interest Income 0.00 0.00 0.00 0.000% Insurance Recoveries 89,123.00 100,799.25 (11,676.25) 113.100% Transfers In 0.00 0.00 0.00 0.000% TOTAL SILVERROCK GOLF 4,042.917.00 2,135,604.06 1.907,312.94 52.820% SILVERROCK GOLF RESERVE Interest 2,200.00 870.66 1,329.34 39.580% Transfers In 67,015.00 0.00 67,01500 0000% TOTAL SILVERROCK GOLF 69,215.00 870.66 68,344.34 1.260% LQ PUBLIC SAFETY OFFICER FUND Transfer In 2,000.00 2,000.00 0.00 100.000% Interest 100.00 58.19 41.81 58.190% TOTAL LO PUBLIC SAFETY 2,100.00 2,058.19 41.81 98.010% SUPPLEMENTAL PENSION SAVINGS PLAN Contributions 0.00 0.00 0.00 0.000% Interest 900.00 349.99 550.01 38.890% TOTAL SUPPLE PENSION SAVINGS PLAN 900.00 349.99 550.01 38.890% MEASURE"A" Measure A Sales Tax 0.00 0.00 0.00 0.000% Interest 0.00 0.00 0.00 0.000% TOTAL MEASURE" A" 0.00 0.00 0.00 0.000% CITY CF lA GUINTA OTHER CITY FUNDS ADJUSTED O2gM3 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE LIEWARY FUND INTEREST ADVANCE 0.00 0.00 0.00 0.00 ON% OTHER SERVICES 29.00.00 11,780.00 0.00 17,840.00 40.00% REIMBURSE GENERAL FUND 1,688,598.00 1,848,025.71 0.00 50,572.29 97.02% TRANSFER OUT 221279.00 OAD 0.00 2212790290 0.00A TOTAL LIBRARY FUND 1,N7,277.00 1,657,785.71 0.00 209,49L .13% GAS TAX CONTRACT SERVICES 0.00 0.00 0.00 0.00 0.00% REIMBURSE GENERAL FUND S94,S00.00 M.264.00 Ow 331.536.00 88.67% TRANSFER OUT 0.00 0.00 0.00 0.00 0.00% TOTAL GAB TAX FUND 994.90000 853,26400 0.00 331,836.00 W,67% FEDERAL ASSISTANCE FUND: TRANSFER OUT 274,085.00 38,75109 238.233.01 13.37% TOTAL FEDERAL ASSISTANCE FUND 274,985.00 38)51.98 0.00 238233.01 13.37% JAG GRANT TRANSFER OUT TOTAL JAG GRANT 12,033.00 8.723,14 ON 3,309.88 72.49% SLESF(COPS) TRANSFEROUT TOTAL SIESF COOPS) FUND 100000.00 ON 0.00 100000.00 0.00% INDIAN GAMING FUND TRANSFER OUT 118,30800 0.00 0.00 118,308.00 0.00% TOTAL INDIAN GAMING FUND 118.308.00 D.00 ON 118.305O0 0.00% LIGHTING S LANDSCAPING ASSESSMENT DIST: REIMBURSE GENERAL FUND W.Offl.00 840,00000 0.00 320,000.00 SEAT% TRANSFER OUT 0.00 0.00 0.00 0.00 ON% TOTAL LTGAANDSCAPING FUND 980,OWOO 840,00000 0,00 320,00000 86.57% RCTC TRANSFEROUT 0.00 ON 0.00 0.00 0.00% TOTAL RCTC 0.DO 0.00 0.00 0.00 0.00% CONSTRUCTION 0.00 ON ON 000 0.00% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0,00% TRANSFER OUT 000 0.00 0.00 000 0.00% TOTAL DEV AGREEMENT FUND 0.00 0.00 0.00 0,00 ON% CRIME VIOLENTTASK FORCE OPERATING EXPENSES 88,490.00 33,425.% 0.00 35,084A1 48.80% TRANSFER OUT 0.00 000 0,00 0.00 0.00% TOTAL CRIME VIOLENT TASK FORCE 88,490.00 33,425.59 0.00 36064.41 48.80% AB 939 OPERATING EXPENSES 36,884.00 5,825.00 2,000.00 27,05900 16.70% REIMBURSE GENERAL FUND 73,625.00 49,088.00 ON 24,537.00 BO.BT% TRANSFER OUT 199,490.00 0.00 0.00 199,490.00 0.00% TOTAL AB 9" 307,989.00 54,91300 2.000.00 251,085.00 17.83% QUIMBY FUND: CONTRACT SERVICES - 209000.00 000 0.00 200,000.00 000% OPERATING SUPPLIES 2,00000 0.00 000 2.00DO0 0.00% REIMBURSE DEVELOPER FEES 0.00 O.00 0.00 ON 0.00% TRANSFEROUT S.m.O32O0 9.854.25 0.00 B,BBB,171.75 0.11% TOTAL OUIMBY 9,200,032.00 9,85L25 0.00 9,190,177.75 0.11% INFRASTRUCTURE FUND CONSTRUCTION 0.00 000 0.00 ON 0.00% REIMBURSE GENERAL FUND 0.00 0.00 0.00 0.00 0.00% TRANSFER OUT 242.07000 242,332.72 0.00 (258.72) 1NA1% TOTAL INFRASTRUCTURE 242,074.00 242,332.1E ON (2W,72) 100.11% CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED 2Q82813 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE PROPOSITION 18 • BE 12M TRANSFEROUT TOTAL PROPOSITION 10 FUND 281,301.00 2B],30].00 0.00 000 10000% SOUTH COAST AIR QUALITY FUND - PROJECTIWENDITURES 40.200.00 16,581.10 000 23,81890 41.25% TRANSFER OUT 375.500.00 0.00 000 3]550000 000% TOTAL SOUTH COAST AIR WALITY 415,]00.00 16,5.10 81 020 39911690 399% CMAQ PROJECT EXPENDITURES 0.00 0.00 ON 0.00 0.00% TRANSFER OUT 000 0.00 000 000 000% TOTAL CMAO 000 0..00 000 000 O % TRANSPORTATION PROGRAM COSTS 0.00 000 0.00 ON 000% INTEREST ON ADVANCE 19.500.00 17,697.10 0.00 1,902.90 90.24% CONTRIBUTION 0.00 000 0.00 0.00 0.00% TRANSFER OUT 2,748.615.00 1427518.33 000 131912887 5197% TOTAL TRANSPORTATION 27M,N5.00 1,N5,11S43 660 1321031.5] 5224% PARKS S RECREATION INTEREST ON ADVANCE 6,000.00 2.473.72 0.00 3.526.28 41,23% TRANSFER OUT - 0.00 0.00 ON 000 000% TOTAL PARKSSRECREATION 8,00000 2,473.72 000 352628 4123% CIVIC CENTER SERVICES 0.00 0.00 0.00 0.00 0.00% INTERESTONADVANCE M,000.00 16,121.83 000 18,8]8.1) 46.M% REIMBURSE GENERAL FUND 20I.M9.00 IU.W400 0.00 67,315.00 M.87% TRANSFER OUT 0.00 0.00 000 000 000% TOTAL CIVIC CENTER 236,93900 1M,745.83 000 M19317 6362% LIBRARY DEVELOPMENT PROGRAM COSTS 0.00 0.00 0.00 0.00 0.00% INTEREST ON ADVANCE 9,40000 4,1q.22 &00 5256]8 4408% TRANSFER OUT 0.00 260750 000 /2607W 000% 042 TOTAL LIBRARY DEVELOPMENT 9,400.00 6.750.72 000 284928 COMMUNITY CENTER PROGRAM COSTS 0.00 0.00 0.00 0.00 O.N% TRANSFER OUT 0.00 0,00 0.00 000 , 000% TOTAL COMMUNITY CENTER 0.00 0.00 0.00 000 000% STREETFACILTTY PROGRAM COSTS 0.00 0.00 000 0.00 000% INTEREST ON ADVANCE f0,000.00 4,500.12 0.00 5,49SW 45.00% TRANSFEROUT 000 ON 000 000 000% TOTALSTREET FACILITY 10,000.00 4,500.12 0.00 5499M MIN% PARK FACILITY PROGRAM COSTS 0.00 0.00 0.00 ON O00% TRANSFER OUT 2,200.00 1219.'1 000 9M99 5541% TOTAL PARK FACILITY 2W,Ll 1,219.01 0.00 9M 9B 5541% FIRE PROTECTION INTEREST ON ADVANCE 4.700.00 2.024.41 0M 2.675.59 43.07% TRANSFER OUT 0.00 000 0.00 009 000% TOTAL FIRE PROTECTION DIF 4,700.00 2,024.41 000 2.67559 4307% ART IN PUBLIC PLACES FUND MAINTENANCE EXPENSESAPP 20,000.00 9,T55.41 D00 10,244.59 48.78% OPERATING EXPENSES-APP 4,700.00 26.94 0.00 4.673.06 0.57% ART PURCHASES 111,500.0 17,142.92 000 94,3SZ08 1537% TRANSFER OUT 400,000.00 0.00 0.00 40000000 000% TOTAL ART IN PUBLIC PLACES7 536200. 226925.27 0.00 50927473 5.02% INTEREST ALLOCATION FUND TRANSFER OUT 0.00 S3142.M 000 (33142 M) 0'% TOTAL INT ALLOC FUND 0.00 33,142.M 0.00 (33142.88) 0.00% _p,!_ 019 CITY OF LA QUINTA OTHER CITY FUNDS ADJUSTED MM013 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PERCENTAGE CAPITAL IMPROVEMENT FUND PROJECT EXPENDITURES 101,858,775.00 29,430,181.65 0.N 72,428,5N.35 28,89% PROJECT REIMBURSEMENTS TO GEN FUND 711,013.W 0.179.10 0.N 845,833.W 9.17% TRANSFEROUT 0.N 0.N 0.N ON O.W% TOTAL CAPITAL IMPROVEMENT 102.589.789.N 29.495,380.75 0.00 73 07/ 428.25 25.78% EQUIPMENT REPLACEMENT FUND OPERATING EXPENSES 410,515.W 121,720.81 0.N 288,795.19 29.M% DEPRECIATION EXPENSES 171,701.00 0.00 0.00 171,701.W 0.00% CAPITAL PURCW ES O.W 0.00 O.W O.W O.N% TRANSFER OUT 0.N 000 000 ON ON% TOTAL EQUIPMENT REPLACEMENT FUND M2,217.W 121,720,81 0.00 4 AW.19 2081% INFORMATION TECHNOLOGY FUND OPERATING EXPENSES 353,28 OO 215,279.53 O.W 147,983.37 59.25% DEPRECIATION EXPENSES 78,598.00 ON ON 78,588.N 000% CAPITAL PURCHASES 106000.00 8,56.2B3B ON 5.77 959514 8% TOTAL INFORMATION TECHNOLOGY , 21 O 40% PARK MAINTENANCE FACILITY OPERATING EXPENSES W,0N.N 0.00 O.W M.000.N O.W% DEPRECIATION EXPENSES 502,52300 0.N 0.N 502,523.00 0.00% CAPITAL PURCHASES DN ON 0.N O.00 OW% TRANSFER OUT 0.00 0.00 OOO OW ON% TOTAL PARK MAINTENANCE FAG W2.W3.W 0.00 0.00 552523.W ON% SILVERROCK GOLF OPERATING EXPENSES 3,821,02300 2,4W,828.31 O.W 1,SL0,1W.59 6I.B3% TRANSFEROUT 67,015.00 ON 0.2 57015N 0.00% TOTAL SILVERROCK GOLF 3,880,038.00 2.4W,B2B.31 0.N 1I07211.89 5381% SILVERROCKGOLF RESERVE TRANSFER OUT 0.N O.W O.W ON ON% TOTAL SILVERROCK GOLF RESERVE D.W 0.N 0.W o.W O.N% LA QUINTA PUBLIC SAFETY CONTRIBUTIONS TOTAL LA QUINTA PUBLIC SAFETY 2,OW.W 0OD 0,00 2.OW.W O.W% SUPPLEMENTAL PENSION SAVINGS PLAN CONTRACT SERVICE PLEMENTAL PENSION SAVINGS PLAN 12,833.00 12.M2.W 0.00 0,14 100.00% MEASURE 'A' REIMBURSE GENERAL FUND 412.WO.W 0.00 0.00 012 WON 0,00% TOTAL MEASURE -A 412,5N.N 0.N 0.N 612,SW.N 0.N% pr 020 City of La Quinta Quarterly Investment Summary - Footnote 1 March 31, 2013 City Investments Of FHLB T-Note G.E. Capital Bank CD Goldman Sachs CD Ally Bank CD FirstBank CD Bank of Southern California CD Discover Bank CD First National Bank CD Rabobank Interest Bearing Active Bank Deposit 8/12/2013 4/10/2015 12/14/2017 12/14/2017 12/14/2017 8/4/2013 6/23/2013 2/8/2016 2/12/2016 Next Day Par 3,000,000 20,000,000 240,000 240,000 240,000 240,000 240,000 240,000 240,000 39,928,379 Less % Attributable to the Successor Agency Less % Attributable to Housing Authority Less % Attributable to Financing Authority Total City Pooled Investments Footnote 1 - The Quarterly Investment Report does not include the City of La Quinta checking account, sweep account , Housing Program account or petty cash account. Market Value is based upon most current information available. I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quinta, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pools expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. &4.ds t Robbeyn BNd O N I-r Value 2,999,220 20,002,400 241.692 241,769 241,385 240,772 241,110 241,789 241,379 39,928,379 y-4. Date Cost 3,000,000 20,033,995 240,000 240,000 240,000 240,000 240,000 240,000 240,000 39,928,379 (5,366,704) (618,538) 0 $93.628.821 ITY / SA / HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Citywide Policy Change From Summary Minutes to Action Minutes RECOMMENDED ACTION: /.Tflwar1I.To txrill: [I BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a citywide policy change from summary minutes to action minutes for the City Council and all City agencies, boards, commissions and committees. EXECUTIVE SUMMARY: • A Task Force comprised of staff who prepare Board and Commission minutes unanimously agreed that it would be in the City's best interest to change its minute preparation policy from summary to action minutes. The implementation of action minutes for all City meetings complies with La Quinta's goal of streamlining processes to improve efficiency across departments without sacrificing critical services. • Action minutes provide concise, objective minutes as well as an efficient use of staff time. They are a record of the organization's name, meeting type, date, time, place of meeting, those present, items discussed, motions made, the vote, hour of adjournment and signature of Clerk/Secretary. • The Task Force recommends that La Quinta action minutes also include the following: 1. Final suggestions, directions, and requests made by elected/appointed officials during deliberations; 2. Rationale for dissenting votes, if provided by the dissenting voter; and 3. For all boards and commissions, a short summary of the minority opinion, if any. • Meeting details are available via audio recordings. Retention is permanent for audio recordings of Council, Successor Agency, Housing Authority, Financing Authority and Planning Commission meetings. Retention is five years for all other public bodies. An audio archive of Council meetings starting January 2012 is available to the public on the City website; and CD copies are available back to 2008. FISCAL IMPACT: Estimated staff time saved will range between 60 and 80 hours per month. There would also be savings in paper cost and electronic storage. BACKGROUND/ANALYSIS: For most of La Quinta's history, City Clerks and board/commission secretaries have prepared summary minutes. The advent of archived media on the internet, and the need to work smarter, prompted the formation of a seven -member, cross - departmental Task Force of minute writers to establish a uniform, concise and functional format for all published minutes. The City Council's adopted Rules of Procedure (Resolution 2006-115) does not set forth rules regarding minutes but Section 4.10 states: "In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide." Robert's Rules of Order states: "Not only is it not necessary to summarize matters discussed at a meeting in the minutes of that meeting, it is improper to do so. Minutes should record what is done, not what is said." Action minutes are becoming the norm for U.S. cities. A 2012 California survey of 70 City Clerks showed 73 percent of respondents prepare action minutes. Every year, more cities across the U.S. are moving to action minutes for legal reasons, because cost -benefit analyses prompt it, or because reductions in staff compel it. Task Force Members concluded that summary minutes are subjective, time- consuming and duplicative. On the rare occasions when officials, the press or the public wish to learn what each official said at a meeting, they will be directed to the audio/video on the website, or for older meetings, be provided with an audio CD of the meeting. +°. 02J ALTERNATIVES: Continue to prepare summary minutes Citywide. Respectfully submitted, 5A� (�Av� Susan Maysels City Clerk ".' 024 OF'It14'9 AGENDA CATEGORY: IT A/HAXA MEETING DATE: April 16, 2013 BUSINESS SESSION: ITEM TITLE: Excuse Board Member David Park's CONSENT CALENDAR: 3 Absence from the April 10, 2013 Investment Advisory Board Meeting STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve a request from Board Member Park to be excused from the April 10, 2013 Investment Advisory Board meeting. BACKGROUND/ANALYSIS: Board Member Park requested to be excused from the April 10, 2013, Investment Advisory Board meeting due to a family medical event. The La Quinta Municipal Code, Section 2.06.020(B) includes the statement: "A board or commission member may request advance permission from the City Council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the City Council to excuse an absence after -the -fact where such extenuating circumstances prevented the member from seeking advance permission to be absent." If such permission or excuse is granted by the City Council, the absence shall not be counted toward the above - stated limitations. ALTERNATIVES: Deny Board Member Park's request to be excused. Denial of the request would result in the absence being counted toward his limitation on absences as noted above. Respectfully submitted, Robbeyn gird, Finance Director CI SA / HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Excuse Chairperson Kathleen Fitzpatrick's Absence from the May 13, 2013, Community Services Commission Meeting AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 41 STUDY SESSION: PUBLIC HEARING: Approve a request from Chairperson Kathleen Fitzpatrick to be excused from the May 13, 2013, Community Services Commission meeting. BACKGROUND/ANALYSIS: Chairperson Fitzpatrick requested to be excused from the May 13, 2013, Community Services Commission meeting due to being out of town for a 10-day period. La Quinta Municipal Code Section 2.06.020(B) allows a member to be absent from two consecutive regular meetings or three scheduled meetings within a fiscal year without causing his/her office to become vacant. Chairperson Fitzpatrick has had no other absences during this fiscal year and staff recommends her absence be excused by Council ALTERNATIVES: Deny Chairperson Fitzpatrick's request to be excused. Denial of the request would result in the absence being counted toward her limitation on absences as noted above. Respectfully submitted, A."L - Edie Hylton, Cathmunity Services Director !.A-,026 ITY SA / HA / FA MEETING DATE: April 2, 2013 ITEM TITLE: Amendment to the League of California Cities Bylaws Regarding Prerequisites for Submitting Resolutions to the General Assembly and for Taking a Position on any Statewide Ballot Measure RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an amendment to Article VI, Section 2 to the League of California Cities Bylaws relating to the submission of resolutions to the League's General Assembly and the addition of Article VII, Section 16 relating to the League Board vote threshold for taking positions on statewide ballot measures. EXECUTIVE SUMMARY: At its February 2013 meeting, the League's Board of Directors approved submitting two bylaw amendments to the membership. The proposed amendments would amend the Bylaws to provide that: 1. Resolutions submitted to the League for presentation to the General Assembly must be concurred by at least five or more cities or by city officials from at least five or more cities. Currently, a city or city official can submit a resolution for review and consideration without any concurrence from other cities. 2. The League Board may take a position on a statewide ballot measure by a two-thirds vote of those Directors present. Currently, the Board may take positions with a simple majority vote. BACKGROUND/ANALYSIS: The League Board's purpose in submitting the first proposed amendment is to encourage members to seek concurrence of other cities and city officials as an 027 indication that the subject of a proposed resolution is a substantial one and of board interest and importance to cities. The Board's purpose in submitting the second proposed amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. The language of the proposed amendments is provided in the attached Resolution (Attachment 1). To be approved, the League Bylaws require each amendment receive a two-thirds vote of those members voting. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot (Attachment 2). ALTERNATIVES: The alternative is to vote "no" to one or both amendments. Any amendment rejected by more than one-third of those members voting will fail. The current practices would remain, which would mean a smaller number of members could determine which items the League pursues. Respectfully submitted, Uv f , Wanda P. Wise -Latta, Executive Assistant Attachments: 1. Proposed Resolution 2. Ballot on Bylaws Amendments 028 ATTACHMENT PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League's bylaws to the League's membership by mailed ballot: 1. Article V1, section 2 of the League's bylaws is amended to read as follows: "Resolutions may originate from city officials, city councils• regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Exceot for petitioned 2. ' A new Article V1I, section 16 is added to the League's bylaws to read as follows: "Section 16: Positions on Statewide Ballot Measures. Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento. California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3'0 vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. �: 029 ATTACHMENT 2 Ballot on Bylaws Amendments City of Does your city vote to approve the amendment of article VI, section 2 of the League's bylaws relating to submission of resolutions to the League's General Assembly as set forth In the Proposed Resolution and Incorporated by reference in this ballot? o Yes o No Does your city vote to approve the addition of article VII, section 16 to the .League's bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot? o Yes o No Ballot returned by: City Official Name City Official Title Please return this ballot by April 19, 2013 to: League of California Cities Attn: Ballots 1400 K Street, 0 Floor Sacramento, CA 95814 or by email to: ballots@cacities.org or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision.. ` 030 CITY SA I HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Plans, Specifications and Engineer's Estimate and Advertisement for Bid of the SilverRock Resort Parking Lot ADA Improvements, Project No. 2012-09 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: (D STUDY SESSION: PUBLIC HEARING: Appropriate unassigned Quimby funds in the amount of $64,048, approve the plans, specifications and engineer's estimate of probable construction costs, and authorize staff to advertise for bid the SilverRock Resort Parking Lot ADA Improvements, Project No. 2012-09. EXECUTIVE SUMMARY:' • The proposed improvements are located in the SilverRock Resort parking lot. Construction activities will include reconfiguration of parking stalls and accessible curb ramps in order to provide additional Americans with Disabilities Act (ADA) parking and access to the clubhouse. • This action will result in the SilverRock Resort Parking Lot ADA Improvements Project being advertised for construction bids. Award recommendations will be presented in June 2013. Staff is proposing that available and unassigned Quimby funds be appropriated for this project. FISCAL IMPACT: Based on the engineer's estimate of probable construction costs in the amount of $47,500, the following is the anticipated total project budget: n: 031 Construction: $47,500 Design: $5,000 Inspection/Testing/Survey: $4,495 Administration: $2,303 Contingency: $4,750 Total Anticipated Budget: $64,048 Unassigned Quimby Funds of $64,048 are available for this project. BACKGROUND/ANALYSIS: The number of existing ADA compliant parking stalls does not meet standards based on the total number of parking spaces. The proposed work includes reconfiguring six of the existing regular stalls in order to provide three additional ADA compliant parking stalls. This will involve reworking the accessible curb ramps, signing and striping the new stalls, as well as minor grading to address non ADA compliant cross slopes within the new ADA compliant parking stalls. The plans, specifications and engineer's estimate are now complete and available for review at the City's Public Works Department public counter. Contingent upon the City Council's approval and authorization to advertise for bid on April 16, 2013, the following is the proposed project schedule: City Council Authorization to Advertise for Bid Project Advertisement Project Award Sign Contract/Mobilize Construction (30 working days) Accept Improvements ALTERNATIVES: April 16, 2013 April 17, 2013 - May 16,2013 June 4, 2013 June 5, 2013 - July 1, 2013 July 2013 - August 2013 August 2013 Since the City has received complaints about the lack of adequate ADA compliant parking at the SilverRock Clubhouse, staff does not recommend alternative action. CHARTER CITY IMPLICATIONS Staff is recommending unassigned Quimby Funds be used for this project. Quimby funds are 100 percent locally generated and are not subject to prevailing wage requirements. Respectfully submitted, «� ' Z r�Z—. Timothy R. Jonas n, P.E. Public Works Dire or/City Engineer 032 CITY SA / HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Professional Services Agreement with Traffex Engineers, Inc. for Contract City Traffic Engineer Services RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with Traffex Engineers, Inc., in an amount not to exceed $170,000, for contract traffic engineer services and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY: • The City's Professional Services Agreement (PSA) with Traffex Engineers, Inc. expires on June 30, 2013. • Nazir Lalani, President of Traffex Engineers, has firsthand knowledge of the City's traffic operations that would not likely be replicated in another traffic engineering firm. Therefore, staff recommends approval of this PSA without the time and expense of a formal Request for Proposal (RFP) process. • The PSA would be for a period of one year, from July 1, 2013 through June 30, 2014, with an option to extend for one additional year upon mutual agreement (Attachment 1). FISCAL IMPACT: The proposed Fiscal Year 2013/2014 budget contains $170,000 for contract city traffic engineer services. Under the proposed PSA with Traffex Engineers, Inc., Section 2.1 Contract Sum indicates a not to exceed amount of $170,000. j6.' 033. BACKGROUND/ANALYSIS: The City has utilized the services of Mr. Lalani since 2003. Mr. Lalani provides transportation engineering expertise for planning and operations not possessed by staff. The City's PSA with Traffex Engineers, Inc. expires on. June 30, 2013. The proposed PSA contains an initial term of one year, commencing on July 1, 2013 which, if agreed upon by both the City and consultant, can be extended for an additional year. The City reserves the right to terminate the agreement at any time upon thirty days' written notice to consultant. The City's consultant services selection process allows the City Council to approve consultant contracts without an RFP process when warranted. When the RFP was last issued, only one firm met the City's requirements for transportation engineering and staff believes that these services are unlikely to be performed as well by another engineering firm. Traffex also provides transportation engineering for several local agencies including the City of Palm Desert and the City of Indian Wells. Traffex is not requesting an increase in their hourly rate and has provided additional office hours as necessary since the reduction in City staffing. Staff therefore believes Traffex to be the most cost effective alternative for addressing the transportation engineering needs of the City. ALTERNATIVES: Due to the technical nature of the work performed by Traffex Engineers and the firsthand knowledge Mr. Lalani possesses relative to the City's traffic and transportation system, staff does not recommend an alternative action. Respectfully submitted, L%?2 S-e- Timothy R. Jona s n, P.E. Public Works Dir for/City Engineer Attachment: 1. PSA with Traffex Engineers 034 ATTACHMENIT PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL,SERVICES AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and TRAFFEX ENGINEERS, INC. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Contract City Traffic Engineer Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "Services" or "Work"). Consultant warrants that all Services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such Services. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the Work to be performed, (b) it has investigated the site of the Work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the Work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). ��. 035 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the Work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective Work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the Services and Work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's Services and Work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant may be asked to perform services in addition to those specified in the Scope of Services ("Additional Services"). Any such request to perform Additional Services shall be accomplished by a mutually agreed upon amendment to the Scope of Services, and shall not necessitate an amendment to this Agreement. when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Additional compensation for the requested Additional Services not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. �:�_ 036 2.0 COMPENSATION 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed On Hundred Seventy Thousand Dollars ($170,000.00) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for .time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Consultant is responsible for payment of any reproduction costs, transportation expense, telephone expense, and similar costs and expenses associated with performance of the provisions of this Agreement. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." 2.2 Compensation for Additional Services. Additional Services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement.. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each Consultant employee who has provided Services and the number of hours assigned to each suchConsultant employee. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for Work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. Q37 l 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section, shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. The term of this Agreement shall commence on July 1, 2013 and terminate on June 30, 2014 (Initial Term). This Initial Term may be extended for one (1) additional year upon mutual agreement by both parties (Extended Term). Unless earlier terminated in accordance with Sections 8.7 of this Agreement, this Agreement shall continue in full force and effect until completion of the Services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Work specified herein and make all decisions in connection therewith: a. Nazir Lalani bw: 038 It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 . Contract Officer. The Contract Officer shall be Timothy R. Jonasson, Public Works Director/City Engineer or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed. of the progress of the performance of the Services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Assignment. The experience, knowledge, capability and reputation of Consultant, its principal and employees were a substantial inducement for City to enter into this Agreement. Accordingly, Consultant shall not assign any of the Services required hereunder, or delegate the performance of any of his duties hereunder, without the prior written consent of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the Services required herein, except as otherwise set forth. Consultant shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to Services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at 039 its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured (on the general liability policy only) shall be delivered to and approved by City prior to commencement of the Services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident" against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. �?!�. C4� Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop Work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of Work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: M� 041 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. "r. G4L 8. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved .in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type 043 pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions ,of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the ,, 044 duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional Services under this . agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property'damage resulting from the reuse of the design at a location other -than that specified in Exhibit C without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity C45 involved by, for, with or on behalf of Consultant in .the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, .anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape „j.., . C 4 6 architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer progress reports concerning Consultant's performance of the Services required by this Agreement. 7.2 Records. Consultant shall keep such books and records as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such Services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times during regular business hours, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall, to the extent permitted by law, be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and .in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 7.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or, such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement pursuant to Section 8.7. 8.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate. City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and, the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or : G 4 6 different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement. City reserves the right to terminate this Agreement upon Consultant's default or failure to perform the duties or obligations imposed by the terms of this Contract, upon thirty (30) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8.3. City may, after compliance with the provisions of Section 8.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8.3. 8.8 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or ,10 , 049 employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 10.0 MISCELLANEOUS PROVISIONS 10.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: CITY OF LA QUINTA Attention: Frank Spevacek City Manager 78-495 Calle Tampico La Quinta, California 92253 To Consultant: TRAFFEX ENGINEERS, INC. Attention: Nazir Lalani P.O. Box 5784 Ventura, California 93005-0784 10.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City. Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: Traffex Engineers, Inc. By: Name: Title: Date: Exhibit A Scope of. Services Traffex Engineers, Inc. shall provide traffic engineering services for the City to include, but not be limited to, the following: 1) Assist City with preparation of an Annual Traffic Safety Report, to be completed by September 1, 2013. 2) Identify and develop solutions for and advise City staff on addressing and responding to citizen requests using the Go Request system. 3) Provide technical assistance for traffic signal design and day to day traffic operations including traffic signals. 4) Provide an initial response to citizen requests based on when the request was submitted to the City through the Go Request system. 5) Preparing materials to be used for issuing work orders to implement signing and striping changes requested by citizens. 6) Review development plans including environmental impact reports and impact studies for potential traffic issues and advise City on possible solutions. 7) Review precise grading and public improvement plans for potential traffic issues and advise City on possible solutions. 8) Review all traffic control plans for construction projects and advise City on potential issues. 9) Attend City Council and Planning Commission meetings if requested. 101 Review and update the Crossroads traffic collision data baseand advise City staff on traffic issues involved. 11) Assist Traffic Signal Maintenance Technician with signal timing and signal communications, central computer signal system, data collection, report preparation and signal/striping plan layout and plan check. 12) Provide technical input to City staff with signing and striping changes, issuing work orders to address citizen requests, signal equipment upgrades and parts, collision analysis, speed limits, traffic volume data and other work performed by City staff. 13) Review traffic plans for capital improvement projects and advise City on potential issues. 14) Assist City with completion of Capital Improvement Projects at Washington/Hwy 111, Adams Street Bridge, Dune Palms at Blackhawk Way, Hwy 111 at La Quinta Center Drive, Eisenhower Drive at Avenue 50, Adams Street at Corporate Center Drive, Fred Waring widening from Adams Street to Dune Palms Road. 15) Assist City with feasibility studies for constructing a roundabout at Westward Ho and Roadrunner Lane; redesigning the roundabout at Jefferson Street and Avenue 52. Exhibit B Schedule of Compensation Payment shall be in full at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours submitted in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed One Hundred Seventy Thousand Dollars ($170,000) except as specified in Section 1.6 - Additional Services of the Agreement. Schedule of Billing Rates Professional Staff Hourly Rates Principal (Registered Professional Engineer) $145.00 Upon receipt by City and under separate invoice the Consultant shall provide the traffic engineering support services at the following rates: Su000rt Staff Associate Engineer Drafter/Technician Secretary Hourly Rates $100.00 $ 75.00 $ 50.00 Exhibit C Schedule of Performance The Contract period for traffic engineering services shall be one year from the date of this Contract, unless extended by amendment by the City. �a, _ 056 Exhibit D Special Requirements None. n. 051 CITY SA / HA / FA MEETING DATE: April 16, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Resolution Granting Conditional Approval of Q a Final Map and Subdivision Improvement Agreements CONSENT CALENDAR: for Parcel Map No. 36405, La Quinta Retirement STUDY SESSION: Community, La Quinta Retirement Residence Limited Partnership PUBLIC HEARING: RECOMMENDED ACTION: Adopt a Resolution of the City Council granting conditional approval of a Final Map and authorizing the City Manager to execute the on -site and off -site Subdivision Improvement Agreements for Parcel Map No. 36405, La Quinta Retirement Community, subject to minor revisions by the City Attorney. EXECUTIVE SUMMARY: • The developer of La Quinta Retirement Community, located on Seeley Drive, east of Washington Street and south of Miles Avenue within the Centre Pointe commercial development (Attachment 1), has requested the City Council's conditional approval of the Final Map and Subdivision Improvement Agreements (SIAs) (Attachment 2). This will allow the developer thirty days to complete processing of these items so that the Final Map can be recorded and the project move into construction. • The developer has executed the SIAs and submitted the associated securities, which guarantee the completion of the on -site and off -site improvements related to this Final Map. • The Final Map is technically correct and substantially conforms with the approved tentative map with the exception of access. The developer's surveyor is making modifications on the. Final Map to provide access for both Parcels 1 and 2 to Seeley Drive through Lot A. Staff will ensure that the Final Map reflects appropriate access per the approved tentative map before the Final Map is recorded. - 058 • Final Map approval is a ministerial action based on the developer meeting all requirements of the tentative map. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Tentative Parcel Map No. 36405 was approved by City Council on October 16, 2012. In order to expedite construction, the developer would like to record this Final Map as soon as possible; however, during review of the Final Map issues arose as to how Parcel 1 will access Seeley Drive. The developer expects that the access issue will be resolved and all required signatures on the Final Map (Attachment 3) will be in place within the next thirty days. Approval of this Final Map is contingent upon receipt within thirty days (May 16, 2013) of a technically correct Final Map suitable for recording by the County Recorder with all required signatures (except the City Engineer and City Clerk) and any other requirements not expressly described here. If any of the required items are not received by City staff within the specified time frame, the Final Map will be considered disapproved and will be rescheduled for City Council consideration only after the required items have been received. ALTERNATIVES: If desired, City Council could wait until all items are completed prior to approval of this Final Map. However, since the municipal code allows for a conditional approval, which helps expedite this project and is considered a ministerial act, staff does not recommend any alternatives to this action. Respectfully submitted, Timothy R. Jon s n, P.E. Public Works Di for/City Engineer Attachments: 1. Vicinity Map 2. SIAs (on -site and off -site) 3. Final Parcel Map 36405 059 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL APPROVAL OF THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS FOR PARCEL MAP NO. 36405, LA QUINTA RETIREMENT COMMUNITY, LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, AND AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL WHEREAS; the City Council conducts only two regular meetings per month and the time interval between these meetings occasionally creates an undue hardship for business enterprises and individuals seeking approval of subdivision maps; and WHEREAS, the City Council, as a matter of policy, allows a subdivider to have City staff present the map for approval consideration when the requisite items necessary for final map approval are nearly, but not completely, finished thus yielding to the subdivider additional production time for preparation of those items; and WHEREAS, the subdivider has demonstrated to City staff and the City Council that it has made sufficient progress with items required for final map approval, and it is reasonable to expect the subdivider to satisfactorily complete the items, including City staff review time, within thirty (30) days without adversely impacting other ongoing work commitments of City staff; and WHEREAS, Section 66458(b) of the Subdivision Map Act grants the City Council broad authority to authorize time extensions regarding final map approval, or disapproval, upon receiving it for consideration; and WHEREAS, the City Council relies on professional City staff to review all required items for conformance with relevant requirements, and it is therefore appropriate for the City Council to approve the final map subject to review and confirmation of the required items by professional City staff, within a reasonable period of time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: �60 Resolution No. 2013- Parcel Map 36405, La Quinta Retirement Community Adopted: April 16, 2013 Page 2 Section 1. The Final Map for Parcel Map 36405 is conditionally approved provided the subdivider submits all required items on or before May 16, 2013. Section 2. The City Council's approval of the final map shall not be considered valid until the City Engineer has signed the map indicating that it conforms to the tentative parcel map, the Subdivision Map Act, and all ordinances of the City. Section 3. The City Engineer shall withhold his signature from the map until the subdivider has completed the following requirements and any other requirements not expressly described here to the City Engineer's satisfaction. A. Finalize the final Parcel Map and obtain all necessary signatures. B. Provide access to Parcels 1 and 2 per the approved Tentative Map. Section 4. The City Clerk shall withhold affixing the City Seal to the map title page, along with her attesting signature, until the City Engineer has signed the map. Section 5. The time extension for satisfying the requirements of the conditional approval for this final map shall expire when City offices close for regular business on May 16, 2013. If the subdivider has not satisfied the requirements in Section 3, herein, by the expiration deadline, the final map shall be considered disapproved. Disapproval does not deny any rights the subdivider may have under the Map Act to resubmit the final map for approval, or disapproval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 161h day of April 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California �. C 6 1 Resolution No. 2013- Parcel Map 36405, La Quinta Retirement Community Adopted: April 16, 2013 Page 3 ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California C 6 2 ATTACHMENT 1 PM 36405 LA QUINTA RETIREMENT COMMUNITY w FRED I WARINC SEELEY DRIVE MILTS AVENUE U`E E WES ARD z 0 ---y o �t _ L�,0 ` oz w -w TZ VICINITY M, NOT TO SCALE 063 ATTACHMENT 2 CITY of LA QuwTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36405 ON -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement) is made and entered into this day of 20 by and between La Quints Retirement Residence Limited Partnership, a Washington Limited Partnership, hereinafter referred to as "Subdivider," and the City of La Quints, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the "Map") of a unit of land in the City of La Quints, County of Riverside, which unit of land is known as Parcel Map No. 36405 (the 'Tract") pursuant to the provisions of Section 66410, et seq. of the California Government Code (the "Subdivision Map Act'). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws.' B. A tentative map of the.Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in the City Council Resolution No. 2012-062 (the 'Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section 66462 of the Subdivision Map Act In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdividers own expense, all the public and private improvement work shown on the Improvements Plans required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, 4 is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described on the Improvement Plans and in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards,,specthcations, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Imorovement Security. Subdivder shall at all times guarantee Subdividers performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Lawson forms and in the amounts approved by City for the purposes as follows: A. One Gass of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including construction of the Improvements, payment of Subdividers fair share of Improvements which have been or will be constructed by others ('Participatory Improvements'), and payment of plancheck and permit Ids C64 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ('Monumentation Security'). A second classof security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as 'Warranty security," shall serve as a guarantee and warranty of the off -site Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to or concurrentty with the final release of performance security. Warranty security shall not be required for Monumentation, Participatory Improvements, or Private Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City Ora responsible escrow agent or trust company, at City's option 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation' of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. rrr1 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specked in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terns of the security documents specified in this Agreement are incorporated into, this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.6., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real properly and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, If any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser of: 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. sas r:,�- 066 G. Security shall be released in the following manner: 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement. 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less then Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdivider's share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence until final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 4. Permits Reouired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. 5. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements• Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole 4019 discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall not otherwise affect the validity of this agreement or Subdividers obligations hereunder. 6.2 Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineers authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Mateure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in form and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the, time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, at sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completon of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Iniury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. 5di 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Public Improvement Warranty. Subdivider hereby guarantees the public improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,furnished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement. Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, if any, that may affect the amount of payment security released. 15. Citv Riaht to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Iniury to Public Improvements Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents ("Indemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of construction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. 6 0l6 e 06J{, b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the Improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City, over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ('Indemnified Parties', by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It Is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions. This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Anent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither parry to this Agreement relies upon any warranty or representation not contained in this Agreement. D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. rme ,40 170 F. Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 760/777-7075 Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk SUBDIVIDER: La Quinta Retirement Residence Limited Partnership 9310 NE Vancouver Mall Drive, Ste 200 Vancouver, WA 98662 (503)586-7217 La Quin[a Retitemen[ Residen 'bed Pat4ersh.p, a Washington limited oarmvship By. La Quin LC, W limited liability company, its Generel ar By: Hit M ervices Corp., a Washington corporation, its Manager BerzonByi U Mimi Date Title: President By: Title: Reviewed and Approved: Timothy R. Jonasson, City Engineer Date Approved as to Form: M. Katherine Jenson, City Attorney Date ado Exhibit A SECURITY — PARCEL MAP NO.36405 ONSITEIMPROVEMENTS Improvements designated as 'Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Rough Grading/SWPPP $ - Domestic Water $ 140,450 Sanitary Sewer $ 106,098 Storm Drain $ 318,430 Precise Grading / Site Improvements $ 871.129 Dry Utilities $ 358,200 Perimeter Walls & Gates $ 135,650 Landscaping $ 439,022 Monumentation $ 10,000 Totals $ 2,378,979 Standard 10% Contingency $ 237,898 Total Construction Cost $ 2,616,877 Professional Fees, Design 10% $ 261,688 Professional Fees, Const 10% $ 261,688 Bond Amount $ 3,140,253 9N9 NOTARY ACKNOWLEDGEMENT TO CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO.36405 OFF -SITE IMPROVEMENTS STATE OF WASHINGTON ) ) ss COUNTY OF CLARK ) On 4-joi-1 a0(3 . before me, Db b"A i . 6e.ns . a Notary Public in and for said State, personally appeared BARTON G. COLSON, the President of HAWTHORN MANAGEMENT SERVICES CORP., a Washington corporation, the Manager of LA QUINTA GP LLC, a Washington limited liability company, as the General Partner of LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership, personally known to me (eF proved to mean the bacis —f satisf,49py de ;ee) to be the person(s) whose name(s) isAne subscribed to the within instrument and acknowledged that he'd executed the same in hisAieFAhelf authorized capacity(ies), and that by his{heFAhei signatures) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. WIT y hand a ffic' seal. A/I5P Notary Public in and for said State Iro 6; r 1 rC. �7o�ns' Printed Name My Commission Expires Zdz ? rYI %ato, aD�s y Principal Place of Business Is tL11CdAAfXe (dfti t^IQr -county. Notary Commission No. a-6�F5 :NOTARY IC2015 C[Ty of LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO. 36405 OFF -SITE IMPROVEMENTS THIS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into this day of 20 by and between La Quinta Retirement Residence Limited Partnership, a Washington Limited Partnership, hereinafter referred to as "Subdivider," and the City of La Quinta, a municipal corporation of the State of California, hereinafter referred to as "City." RECITALS: A. Subdivider has prepared and submitted to City for final approval and recordation a final map or Tract map (the Wap') of a unit of land in the City of La Quinta, County of Riverside, which unit of land is known as Parcel Map No. 36405 (the 'Tract") pursuant to the provisions of Section 66410, at seq. of the California Government Code (the "Subdivision Map Act"). The Subdivision Map Act and City ordinances and regulations relating to the filing, approval and recordation of subdivision maps are sometimes collectively referred to in this Agreement as the "Subdivision Laws.' B. A tentative map of the Tract has been approved subject to the Subdivision Laws and to the requirements and conditions contained in the City Council Resolution No. 2012-062 (the "Resolution of Approval"). The Resolution of Approval is on file in the office of the City Clerk and is incorporated into this Agreement by reference. C. Prior to approval of the Map, Subdivider is required to install or agree to install certain public and private improvements (the "Improvements"). D. The Improvements have not been installed and accepted at this time. E. It is therefore necessary that Subdivider and City enter into an agreement for the installation of the Improvements as provided in Section W462 of the Subdivision Map Act. In consideration of approval of a final map for the Tract by the City Council, Subdivder desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public and private improvement work shown on the Improvements Plans required by City in connection with the proposed Tract. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Improvement Plans. Prior to submittal of the Map for approval by the City Council, Subdivider shall furnish complete original improvement plans for the construction, installation and completion of the Improvements meeting the requirements of the City Engineer. The Improvement Plans for the Tract shall be maintained on file in the office of the City Engineer and shall be incorporated into this Agreement by reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the Improvements as approved by the City Engineer. 2. Improvements. Subdivider shall construct the Improvements required to be constructed or agreed to be constructed under the Resolution of Approval and this Agreement as more specifically described on the Improvement Plans and in Exhibit "A." attached hereto and expressly made a part hereof by this reference, and shall bear the full cost thereof. The methods, standards, specifications, sequence, and scheduling of construction shall be as approved by the City Engineer. 3. Improvement Security. Subdivder shall at all times guarantee Subdivider's performance of this Agreement by furnishing to City, and maintaining, good and sufficient security as required by the Subdivision Laws on forms and in the amounts approved by City for the purposes as follows: A. One class of security to be provided by Subdivider, hereinafter referred to as "performance security," shall assure the faithful performance of this Agreement including constructioWof the Improvements, payment of Subdividees fair share of Improvements which have been or will be constructed by others ('Participatory Improvements"), and payment of plan check and permit Id9 fees. The performance security shall also include good and sufficient security in the amount of one hundred percent (100%) of the estimated cost of setting subdivision monuments as stated hereafter in this Agreement ("Monumentation Security"). A second class of security to be provided by Subdivider, hereinafter referred to as "payment security," shall assure the payment of the cost of labor, equipment and materials supplied to construct the Improvements. A third class of security to be provided by Subdivider, hereinafter referred to as "warranty security," shall serve as a guarantee and warranty of the off -site Improvements for a period of one year following the completion and acceptance of the Improvements. Subdivider shall furnish performance and payment security prior to and as a condition precedent to City Council approval of the Map. Subdivider shall provide warranty security after Improvements are complete and prior to or concurrently with the final release of performance security. Warranty security shall not be required for Monumentalion, Participatory Improvements, or Private Improvements. However, the City may utilize Monumentation Security for performance of or payment for the work in accordance with the Subdivision Map Act. As part of the obligation secured by each of the performance security, payment security and warranty security, and in addition to the face amount of each such security, each such security shall include and assure the payment of costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligations thereby secured. B. Improvement security shall conform with Section 66499 of the California Government Code and may be one or more of the following: 1) A cash deposit with City or a responsible escrow agent or trust company, at City's option. 2) Surety bonds, of the form specified in subsection 66499.2 of the California Government Code, issued by a surety or sureties listed in the U.S. Department of Treasury Circular 570 (latest version). 3) Certificates of deposit, in City's name, from one or more financial institutions subject to regulation by the state or federal government and having a financial quality rating of "A" or better and a commitment reliability rating of "R-2" or better on the Investment Data Exchange (of the Los Angeles County Treasurer's office). 4) Irrevocable letters of credit, in a form acceptable to and approved by the City Attorney, issued by one or more financial institutions meeting the requirements of Paragraph (3), pledging that the funds necessary to carry out the completion of the Improvements are on deposit, guaranteed for payment, and constitute a trust fund which is not subject to levy or attachment by any creditor of the depositor until released by City. Letters of credit shall guarantee that all or any portion of the funds available pursuant to the letters of credit will be paid upon the written demand of City and that such written demand need not present documentation of any type as a condition of payment, including proof of loss. The duration of any such letter of credit shall be for a period of not less than one year from the execution of the agreement with which it is provided and shall state, on its face, that the letter of credit will be automatically renewed until such time that City authorizes its expiration or until sixty (60) days after City receives notice from the financial institution of intent to allow expiration of the letter of credit. 5) A lien upon the subdivided property, if City finds that it would not be in the public interest to require the installation of the Improvements sooner than two (2) years after recordation of the final map or Tract map for which the Improvements are required. The lien shall provide a collateral value of three (3) times the estimated cost of the Improvements and shall include the power of sale of the real property, all buildings and improvements thereon, or that may be erected upon or made thereto, together with all hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reservations, remainders, rents, issues, and profits thereof. The collateral value of the property shall be established at Subdivider's expense through an appraisal approved by City. 6) An instrument of credit from an agency of the state, federal or local government, when any agency of the state, federal, or local government provides at least twenty percent (20%) of the financing for the Improvements. 209 J 7) When Subdivider is a non-profit organization, security may be negotiable bonds, of the kind approved for securing deposits of public moneys with City or in favor of City, as specified in Section 16430 of the California Government Code, deposited, at City's option, with City or a responsible escrow agent or trust company. C. All securities shall be furnished in accordance with the provisions of Exhibit A. The amount of the performance security shall equal one hundred percent (100%) of the estimated cost of constructing the Improvements, including payment of plan check and permit fees, as estimated by the City Engineer or a duly authorized representative of the City Engineer. The amount of Payment security shall equal the amount of the amount of performance security, except as otherwise set forth in Exhibit A, and shall be furnished as a separate security. Warranty security shall equal Ten Percent (10%) of the amount of performance security except as otherwise set forth in Exhibit A. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents specified in this Agreement are incorporated into this Agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. The City Engineer shall approve replacement of security. D. At the time of submittal of security, Subdivider shall pay to City administrative fees applicable to the form of security provided. Administrative fees shall apply to the subdivision (final map, Tract map or waiver of Tract map) rather than to individual security instruments. The fees shall be paid separately for each different form and/or source (surety or financial institution) of security initially submitted and for substitution of securities but shall not be required for submittal of warranty security if the warranty security is of the same form and from the same source as the performance security it replaces. Administrative fees for security shall be as follows: 1) For certificates of deposit, bonds and letters of credit as described in Paragraphs 2), 3) and 4) of SECTION 3.B., which require the establishment of evidence of the reliability of the surety or financial institution, the administrative fee shall be One Hundred Fifty Dollars ($150.00). 2) For liens on real property as described in Paragraph 5) of SECTION 3.B., for which City will prepare lien agreements and subordination agreements, administer valuation of the real property and administer the agreements over the life of the lien, all of which require legal assistance and financial advice, Subdivider shall pay to City an administration fee of One Half of One Percent (0.5%) of the estimated cost of the improvements secured but not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00). 3) For other forms of security listed in Section 3 B, above, there will be no administrative fee. E. Participatory Improvements, if any, are identified in Exhibit A. Security for Participatory Improvements shall remain in place until the Participatory Improvements are constructed and actual costs are known and paid by Subdivider, or until Subdivider pays to City the estimated cost of the Participatory Improvements, and shall guarantee the reimbursement by Subdivider of Subdivider's share of the cost of the Participatory Improvements. Payment security and warranty security shall not be required for Participatory Improvements. Upon written demand from City, Subdivider shall deposit cash with City in lieu of or in replacement of security guaranteeing Participatory Improvements. If Subdivider fails to deposit said cash within 30 days of the date of the written demand from City, City may present a written demand to Subdividers Surety for payment of said cash and Subdividers Surety shall pay to City the lesser oL 1) the amount demanded, or 2) the amount of the security. F. Security shall not expire, be reduced or become wholly or partially invalid for any reason, including non-payment of premiums, modifications of this Agreement and/or expiration of the time for performance stated in this Agreement. sac 11 G. Security shall be released in the following manner. 1) Performance security shall be released upon the final completion and acceptance or approval, by the City Council of the Improvements subject to the provisions of Section 10 of this Agreement 2) The City Engineer may authorize partial reduction of performance security as work progresses, upon application by Subdivider. However, no such reduction shall be for an amount less than Ten Percent (10%) of the total performance security provided for the faithful performance of the act or work. In no event shall security be reduced below that required to guarantee the completion of the act or work or obligation secured, plus Ten Percent (10%). The City Engineer shall not allow more than two partial reductions of security furnished for any improvement agreement. 3) Participatory Improvement security shall be released upon payment by Subdivider of Subdividers share of the cost or estimated cost of the Participatory Improvements. 4) If City receives no notice of recorded claims of lien, labor and materials security shall be released in full 90 days after final acceptance and/or approval by the City Council, of the Improvements. If City receives notice of any recorded lien, the provisions of the Subdivision Map Act shall apply. , 5) No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 13 of this Agreement, the warranty period shall not commence unfit final acceptance of all the work and improvements by the City pursuant to Paragraph 10. Warranty security not utilized during the warranty period shall be released one year after final acceptance or approval by the City Council of all Improvements. However, if at the end of the one-year warranty period, there are one or more outstanding requests by City for performance of work or provision of materials under the terms of the warranty, warranty security shall be retained until the outstanding requests are satisfied or until Subdivider has made other arrangements satisfactory to the City Engineer. 6) City may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attomeys' fees. 4. Permits Reouired. Prior to commencing any phase of work, Subdivider shall obtain all permits required for that phase of work and pay all required fees. Work performed under a permit or permits shall comply with all provisions of the required permits. S. Off -site Improvements. When the construction of one or more of the Improvements requires or necessitates the acquisition of real property not owned by Subdivider or City, Subdivider shall use its best efforts purchase such real property at a reasonable price. In the event that Subdivider is unsuccessful, despite its best efforts, to acquire such real property at a reasonable price, Subdivider may request in writing that City attempt to acquire such real property. City may, but is not required to, agree to attempt to acquire such real property on behalf of Subdivider. If City so agrees, City and Subdivider shall enter a separate written agreement in a form acceptable to the City Attorney. Said separate agreement shall provide that Subdivider advance to City One Hundred Fifty Percent (150%) of the appraised fair market value of the real property. Any unexpended portion of said advance shall be refunded to Subdivider. Any additional funds required for acquisition of the real property shall be paid by Subdivider to City upon the conveyance of said real property to Subdivider. In no event shall the failure of Subdivider or City to acquire such real property excuse, waive, or otherwise terminate Subdivider's obligation to construct the applicable improvement pursuant to this Agreement or the Conditions of Approval. 6. Completion of Improvements: Inspection. 6.1 Construction of Improvements. Subdivider shall begin construction of the Improvements within ninety (90) days and shall complete construction within twelve (12) months after the approval of this Agreement. Portions of the Improvements may be completed at a later date, as determined by the City Engineer or as set forth in Exhibit A. Failure by Subdivider to begin or complete construction of the Improvements within the specified time periods shall constitute cause for City, in its sole 4d9 discretion and when it deems necessary, to declare Subdivider in default of this agreement, to revise improvement security requirements as necessary to ensure completion of the improvements, and/or to require modifications in the standards or sequencing of the Improvements in response to changes in standards or conditions affecting or affected by the Improvements. Said failure shall riot otherwise affect the validity of this agreement or Subdividers obligations hereunder. 6.2 Inspection Subdivider shall at all tunes maintain proper facilities and safe access for inspection of the public improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Subdivider may request a final inspection by the City Engineer or the City Engineers authorized representative. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards and accepted by the City as described in Paragraph 10 of this Agreement. Subdivider shall bear all costs of plan check, inspection and certification. 7. Force Maieure. In the event that Subdivider is unable to perform within the time limits herein due to strikes, act of God, or other events beyond Subdividers control, the time limits for obligations affected by such events will be extended by the period of such events. 8. Time Extension. Subdivider may make application in writing to the City Council for an extension of time for completion of the Improvements. The City Council, in its sole and absolute discretion, may approve or deny the request or conditionally approve the extension with additions or revisions to the terms and conditions of this Agreement. As a condition of the time extension, Subdivider shall furnish securities, similar in forth and substance to those required in SECTION 3 hereinabove, to cover the period of extension. The value of the securities shall be sufficient to ensure the performance of and payment for Improvements that remain incomplete at the time of the extension, and to provide warranty security on completed Improvements. 9. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments in accordance with the provisions of Sections 66495, et sec. of the Subdivision Map Act and of the La Quinta Municipal Code. Subdivider shall provide the City Engineer written proof that the monuments have been set, evidence of payment and receipt thereof by the engineer or surveyor setting the monuments, and intersection monument tie -outs for monuments set in public streets. 10. Final Acceptance of Improvements. At the completion of construction and prior to acceptance of the Improvements by City, Subdivider shall submit a request for final approval by City. The request shall be accompanied by any required certifications from Subdividers engineers or surveyors, approval letters from other agencies having jurisdiction over and approval authority for improvements required by this Agreement or the Conditions of Approval, and any required construction quality documentation not previously submitted. Upon receipt of said request, the City Engineer or a duly -authorized representative will review the required documentation and will inspect the Improvements. If the Improvements are determined to be in accordance with applicable City standards and specifications, and as provided herein, obligations required by the Conditions set forth in the Resolution of Approval and this Agreement have been satisfied, and Subdivider has provided revised plans as required in Paragraph 12, hereinafter, the City Engineer shall recommend acceptance of the Improvements by the City Council. 11. Jury to Improvements. Until such time as the Improvements are accepted by City in accordance with Paragraph 10, Subdivider shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all Improvements required by this Agreement are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by Subdivider. Sa18 12. Revisions to Plans. When the Improvements have been inspected and approved by the City Engineer, Subdivider shall make any necessary revisions to the original plans held by City so the plans depict the actual Improvements constructed. When necessary revisions have been made, each separate sheet of the plans shall be clearly marked with the words "As -Built," "As -Constructed," or "Record Drawing," the marking shall be stamped by an engineer or surveyor, as appropriate for the improvements thereon, who is licensed to practice in California, and the plans shall be resubmitted to the City Engineer. 13. Public Improvement Warranty. Subdivider hereby guarantees the public improvements to City for a period of one (1) year, beginning on the date of final acceptance of the Improvements by the City Council, against any defective work or labor done, or defective materials furnished, and shall repair or replace such defective work or materials. If within the warranty period any work or improvement or part of any work or improvement done,fumished, installed, constructed or caused to be done, furnished, installed or constructed by Subdivider fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's sole option, to perform the work twenty (20) days after mailing written notice of default to Subdivider and to Subidivider's Surety, and agrees to pay the cost of such work by City. Should City determine that an urgency requires repairs or replacements to be made before Subdivider can be notified, City may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs 14. Release of Security. City shall retain and release securities in accordance with the provisions of Section 3 of this agreement Prior to the release of payment security, the City Engineer may require Subdivider to provide a title report or other evidence sufficient to show claims of lien, If any, that may affect the amount of payment security released. 15. City Right to Cure. If Subdivider fails to perform any obligation hereunder and such obligation has not been performed, or commenced and diligently pursued, within sixty (60) days after written notice of default from City, then City may perform the obligation, and Subdivider shall pay the entire cost of such performance by City including costs of suit and reasonable attorney's fees incurred by City in enforcing such obligation. In cases of emergency or compelling public interest, as determined by the City Engineer, the requirement for written notice of default and/or the passage of sixty (60) days shall be deemed waived and all other provisions of this Article shall remain in effect. 16. Inlury to Public Improvements Public Property or Public Utility Facilities. Subdivider shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work performed under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of .California, or any agency or political subdivision thereof, or by City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 17. Indemnification. a. Neither City nor any and all of its officials, employees and agents (9ndemnified Parties") shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees in the performance of this Agreement. Subdivider further agrees to protect and hold harmless Indemnified Parties form any and all claims, demands, causes of action, liability or loss of any sort, including, but not limited to, attorney fees and litigation expenses, because of, or arising out of, acts or omissions of Subdivider, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design of constriction of the Improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. B of b. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved Improvement Plans or map, regardless of any negligent action or inaction taken by City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. Except as may be provided above, City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. Nothing contained in this paragraph is intended to or shall be deemed to limit or waive any protections or immunities afforded by law to City or any and all of its officials, employees and agents ("Indemnified Parties"), by virtue of city's approval of the plan or design of the Improvements, including without limitation the protections and immunities afforded by Government Code Section 830.6. After acceptance of the improvements, Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten (10) years following the acceptance by City of the Improvements. It is the intent of this paragraph that Subdivider shall be responsible for all liability for design and construction of the Improvements installed or work done pursuant to this Agreement and that city shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The Improvement Security shall not be required to cover the provisions of this paragraph. 18. No Modification of Conditions: This Agreement shall in no respect act to modify or amend any provision of the Conditions of Approval. In the event that any requirement or condition of this Agreement is inconsistent with or fails to include one or more provisions of the Conditions of Approval, which document(s) is (are) incorporated herein by reference, the provisions in the Conditions of Approval shall remain in effect and shall control. 19. Severability. In the event that a court of competent jurisdiction determines that any provision or provisions of this Agreement are unenforceable, all provisions not so held shall remain in full force and effect. 20. Subdivider No Agent of City. Neither Subdivider nor any of Subdivider's agents, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 21. General Provisions. A. All notices pursuant to this Agreement shall be in writing and shall be personally delivered or sent by registered or certified mail, return receipt requested, to the parties at their respective addresses indicated hereon. Notices personally delivered shall be effective upon delivery. Notices mailed as provided herein and sent postage prepaid shall be effective upon the date of delivery or refusal indicated on the return receipt. Either party may change its address for notices hereunder by notice to the other given in the manner provided in this subparagraph. B. The terms, conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. C. Neither party to this Agreement relies upon any warranty or representation not contained in this Agreement D. This Agreement shall be governed by and interpreted with respect to the laws of the State of California. E. In the event of any dispute between the parties with respect to this Agreement, the prevailing party shall be entitled to prompt payment of its reasonable attorneys' fees from the non -prevailing party. rme . _ oso MAy � Any failure or delay by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies provided for hereunder. G. Time is of the essence in the performance of each and every provision of this Agreement. H. The Recitals to this Agreement are hereby incorporated into and expressly made a part of the terms of this Agreement. I. This Agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY: City of La Quints. 78-495 Calle Tampico La Quints, CA 92253 7607777-7075 Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk SUBDIVIDER: La Quinta Retirement Residence Limited Partnership 9310 NE Vancouver Mall Drive, Ste 200 Vancouver, WA 98662 (503) 586-7217 rs Quints Retirement Residence tp'ted PaMership a Washington limited partnmitip By i s Qunda a Wes o umilcd liabihry company, ita Genenil Parmer ey: Ha a me8 caap., a Washington corporation, its Manner sJ By. Barton G. own V - O- 3 Date Title: _ President By: Date Title: Reviewed and Approved: Timothy R. Jonasson, City Engineer Approved as to Form: Date M. Katherine Jenson, City Attorney Date emit Exhibit A SECURITY — PARCEL MAP NO.36406 OFF -SITE IMPROVEMENTS Improvements designated as "Participatory" have been or will be constructed by others. Security for Participatory Improvements shall remain in place indefinitely until called upon or released by City. Monumentation security shall guarantee performance of or payment for the work and shall be utilized or released as specified in Chapter 4, Article 9 of the Subdivision Map Act. As elements of the work are completed, Subdivider may request a maximum of two partial releases of performance security. Partial releases shall be for not less than ten percent (10%) of the total performance security for the Tract and shall not reduce total performance security below the amount necessary to complete the Improvements plus ten percent (10%) of the original amount. Partial releases of performance security will be evaluated and may be granted, in whole or in part, by the City Engineer. Requests for partial releases, setting forth in detail the amount of work completed and the value thereof, shall be made in writing to the City Engineer. Labor & materials security shall remain in place until 90 days after all required Tract improvements are complete and accepted by the City Council. Improvement Description Performance Labor & Materials Demolition $ 1,000 $ 1,000 Precise Grading / Site Improvements $ 6,030 $ 6,030 Sanitary Sewer $ 34,018 $ 34,018 Domestic Water $ 23,540 $ 23,540 Storm Drain $ 47,710 $ 47,710 Landscaping $ 6,000 $ 6,000 Totals $ 118,298 $ 118,298 Standard 10% Contingency $ 11,830 $ 11.830 Total Construction Cost $ 130,128 $ 130.128 Professional Fees, Design 10% $ 13,013 $ 13,013 Professional Fees, Const 10% $ 13,013 $ 13,013 Bond Amount $ 156,164 $ 156,164 9a9 OQ2 NOTARY ACKNOWLEDGEMENT TO CITY OF LA QUINTA SUBDIVISION IMPROVEMENT AGREEMENT PARCEL MAP NO.36405 OFF -SITE IMPROVEMENTS STATE OF WASHINGTON ) )ss COUNTY OF CLARK ) On ` r: I 2 I aol3 , before me, Ljoin Q. 46'A S , a Notary Public in and for said State, personally appeared BARTON G. COLSON, the President of HAWTHORN MANAGEMENT SERVICES CORP., a Washington corporation, the Manager of LA QUINTA GP LLC, a Washington limited liability company, as the General Partner of LA QUINTA RETIREMENT RESIDENCE LIMITED PARTNERSHIP, a Washington limited partnership, personally known to me (OF preyed to sleep the basis"of ""``' o.� -evidence) to be the persons) whose names) isAm subscribed to the within instrument and acknowledged that he(sheA*" executed the same in hisAheotheie authorized capacity(ies), and that by hisPwfAfkeiF signatures) on the instrument the person(4, or the entity upon behalf of which the persons acted, executed the instrument. WIT S y hand offs " seal. Gwo NOTARY PUBLIC Notary Public in and for said State STATE OF WASHINGTON tJ 1 - ROBIN R. QOINS R b;n Q. &P fl-r Commission EVIres Sgbmbff26,2015 Printed Name My Commission Expires c1Cp4enn 1,Lv,36� gols My Principal Place of Business Is "Chakn f k A r CIA&k County. Notary Commission No. 1 3 ,;,& �.: 083 ATTACHMENT 3 P n84 �I g ¢ 3 0 a 4$ g ^ 116 r'^ a p�� gY �C 88c y9 $Q WF a ��g W N lit � • r CL � o�od d� � ��� q¢¢q� � Qy3 g�PSS� 6tg•� �$ tg€Eck mgR K 0 it � k f 1?Sp -� blip �E�gy � ��8N8N8N8N6 ~ kx W $ �' 6 6p 3 Laiv ?A`� g A s ji,Ylt i Y t� 'till 1 sCL j k., xs N \ W'➢ORQ Z � CRIS N W ` i4`♦ T �i iiun xl z �g y � I I kp. �y oil c3 v RA iAG �ppp to &i y < 1i 'big AM �g� 415 n mF • N �'� 5 F C bI "d • �u�� 8 6 iv �� �5 F� � �$ CL c o�od clan �d. � a J. aka h.�1 I �tPl F / �•S?��� R I� �I 611 1 7� o f SLU .c.% CL If or LBmug 9• P i B x a? ._ ,f 086 E 55 § � . | | � ,| � i � � ! Ile � | � ( ® p w'� w � CITY SA / HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Reject All Bids and Read *vertise for Bid the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements, Project No. 2012-08 RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: I STUDY SESSION: PUBLIC HEARING: Reject all bids and authorize staff to readvertise for bid the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements, Project No. 2012-08. EXECUTIVE SUMMARY: • On March 7, 2013 the bids were opened for this project. The lowest bidder subsequently requested that their bid be withdrawn due to an error; the second lowest bidder was deemed non -responsive for not completing their bid as directed; and the third lowest bidder was significantly higher than the second bid. • Due to disqualification of the two lowest bids, staff recommends that all bids be rejected for the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements and the project be readvertised for bids. Award recommendations will be presented in June 2013. • The proposed improvements are located on Calle Sinaloa/Avenue 52, between Eisenhower Drive and Desert Club Drive, and include constructing Americans with Disabilities Act (ADA) compliant sidewalk, curb ramps and driveway approaches on the north and south sides. FISCAL IMPACT: The project is included in the 2012/2013 Capital Improvement Plan approved by the City Council on July 3, 2012 and is programmed to receive $255,722 of Community Development Block Grant (CDBG) funding. The engineer's estimate for KNEUMNS, the construction cost is $178,000, with a total anticipated budget of $255,722. Conducting a new bid process will not result in the loss of these funds. BACKGROUND/ANALYSIS: The City's CDBG funds are designated for improvements that benefit low and moderate income residents within the La Quinta Village and immediate surrounding areas. The proposed improvements include construction of curb adjacent sidewalk, new ADA-compliant curb ramps, upgrade of existing curb ramps and driveways to current ADA standards along Calle Sinaloa and Avenue 52. All improvements will be constructed within the City's existing right of way. On February 5, 2013, City Council approved the plans, specifications, and engineer's estimate of probable construction costs, and authorized staff to advertise for bid the Calle Sinaloa and Avenue 52 Sidewalk Infill Improvements, Project No. 2012-08. On March 7, 2013, the City received six sealed bids (Attachment 1) for the construction of this project. Following the bid opening, the lowest apparent bidder requested that their bid be withdrawn due to an error; the second lowest bidder was deemed non -responsive for not completing their bid as directed; and the third lowest bidder was significantly higher than the second bid. Staff therefore recommends rejecting all bids and readvertising the project for bids. Contingent upon the City Council's authorization to readvertise the project for bids on April 16, 2013, the following is the proposed project schedule: City Council Authorization to Advertise for Bid Project Advertisement Project Award Sign Contract/Mobilize Construction (30 working days) Accept Improvements ALTERNATIVES: April 16, 2013 April 17, 2013 - May 16,2013 June 4, 2013 June 5, 2013 - July 1, 2013 July 2013 - August 2013 August 2013 Since CDBG funds must be used for projects such as the one currently designed and ready for bid, staff has no alternative recommendation. Respectfully submitted, �c..J Timothy R. Jona s n, P. . Public Works Dir for/City Engineer Attachment: 1. Bid Comparison Summary .,� 089 a t c MEN T , RR ~ � �.. ! | | � ! ! . f� ! ||| ! /\\|QQ|l! • |` M � §\ |^�11 |R. � \\/`\~\\. ! | . ! .!� . || , 1111 ., 78= 11111111 - ` , . - ! !. .| . |! )[|\ 4f| 9 ! o -■ IT / SA / HA / FA MEETING DATE: April 16, 2013 ITEM TITLE: Demand Register Dated April 16, 2013 Approve Demand Register Dated April 16, 2013. EXECUTIVE SUMMARY: None. FISCAL IMPACT: Demand of Cash City $989,198.70 Demand of Cash -Successor Agency of RDA $0.00 Demand of Cash — HA $0.00 Demand of Cash — HA Comm $0.00 BACKGROUND/ANALYSIS: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Between City Council meetings, there is a need to pay some routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Prepaid Warrants: 99126 - 99138} $13,048.35 99139 - 99154} $72,047.98 Voids} $0.00 Wire Transfers} $360,076.29 P/R 36839 — 36842} $165,970.41 P/R Tax Transfers} $43,634.52 Payable Warrants Cont1d: 99155 - 99254) $334,419.15 5989.196.70 In addition, listed below are the most significant expenditures being paid on the regular demand register. Significant Expenditures: Vendor: Account #: Amount: Purpose: Stamko Development 101-0000-228.10-00 $38,126.28 Refund Cash Dep. Flood Control RVRSD 101-7002-431.32-07 $38,126.28 Consultant Svc. Greater PS Convention 101-1003-413.55-07 $34,650.00 TOT 4th Qtr. LQ Chamber 101-1003-413.33-02 $31,875.00 Quarterly Pymt. Vintage Associates Various $42,559.51 Landscaping Maint. NAI Consulting Various $34,310.38 Mar -Professional Services ALTERNATIVES: None. 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EXECUTIVE SUMMARY: I certify that this report accurately reflects all pooled investments and is in compliance with California Government Code Section 53645 as amended 1 /1 /86; and is in conformity with City Code 3.08.010 to 3.08.070 Investment of Money and Funds. I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet next month's estimated expenditures. FISCAL IMPACT: None. BACKGROUND/ANAYLSIS: Receive and File Transmittal of Treasurer's Report dated February 28, 2013 for the City of La Quinta. ALTERNATIVES: None. Respectfully submitted: A J Robbeyn 13ird, Finance Director Attachment: 1. Treasurer's Report, City of La Quinta —A 1 n5 � I) MEMORANDUM TO: La Quinta City Council FROM: Robbeyn Bird, Finance Director/Treasurer SUBJECT: Treasurer's Report for February 28, 2013 DATE: March 31. 2013 Attached is the Treasurer's Report for the month ending February 28, 2013. The report is submitted to the City Council each month after a reconciliation of accounts is accomplished by the Finance Department. The following table summarizes the changes in investment types for the month: Investment Beginning Purchased Notes Sold/Matured Other Ending Change LAIF 46,871,689 $ 1,300,000 $ (8,400,000) 0 $ 39,771,689 (7,100,000) Interest bearing active bank deposit 39,909,510 9,583 0 39,919,093 9,583 Certificates of Deposit 1.200,000 480,000 1,680,000 480,000 US Treasuries 61,035,737 3,203,000 (3,200,000) (1,879) 61,036,858 1,121 US Govl Sponsored Enterprises' _ - 3.000,000 - 0 3,000,000 3,000,000 Commercial Paper 0 0 0 Corporate Notes - 0 0 Mutual Funds 2462208 34 65432 6,832,509 9,029,319 6,567,111 Subtotal $ 151,479,144 $ 7,992,617 $ 11,665,432 $ 6,630,630 $ 154,436,959 $ 2,957,815 Cash 1 $ 1,706699 1 1(1)&(3)1 $ 1150840 $ 555,869 $ 1,150,840 Total 1 $ 153,185,843 1 $ 7,992,617 1 1 $ 12,816272 $ 8630630 1 $ 154992818 $ 1,806,975 I certify that this report accurately reflects all pooled investments and is in compliance with the California Government Code; and is in conformity with the City Investment Policy. As Treasurer of the City of La Quints, 1 hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the pods expenditure requirements for the next six months. The City of La Quinta used the Bureau of the Public Debt, U.S. Bank Monthly Statement and the Bank of New York Monthly Custodian Report to determine the fair market value of investments at month end. Robbey� Finance Director/rmasurer Footnote (1) The amount reported represents the net increase (decrease) of deposits and withdrawals from the previous month. (2) The amount reported in the other column represents the amortization of premium/discount for the month on US Treasury, Commercial Paper and Agency investments. 14-a-13 Date (3) The cash account may reflect a negative balance. This negative balance will be offset with transfers from other investments before warrants are presented for payment by the payee at the bank. Treasurer's Commentary For the Month of February 2013 Cash Balances — The portfolio size increased by approximately $1.8 million to end the month at $154.99 million. The major reason for the increase was due to the receipt of motor vehicle in lieu fees in the amount of $1.6 million and sales tax reimbursement in the amount of $1.1 million. In addition during the month of February, expenditures for Public Safety were $1.8 million for the months of November and December 2012 and $296,531 was spent for the Fred Waring Median Island Landscape improvements. Investment Activity — The investment activity resulted in an average maturity decrease of 3 days from the prior month to end the month of February at 115 days. The Treasurer follows a buy and hold investment policy. During the month of February, the LAIF account decreased by $7.1 million. The sweep account earned $9 in interest income for the month of February and the bank fees for the month were $1,730 which resulted in a net decrease of $1,721 in real savings. Portfolio Performance — The overall portfolio performance decreased from the prior month and ended at .29% for the month, with the pooled cash investments at .37%. The portfolio yield should continue to stay at these levels for the near future. At this time last year, the portfolio was yielding .36% which reflects the current interest rate environment. Looking Ahead In the short term, the Treasurer will be investing in negotiable certificates of deposit, Government Sponsored Enterprises (GSE) paper and rolling over bond proceeds and reserves into U.S. Treasury bills or notes. 3 o c C Zz Cpd C C C y C O % W z z Z q N g mE 4 @ y a C $ 5 u o o U a iyc � w �o W co_ y $ EEEEE N o OON O N�N q $ $ CjB`N On 4 E gO YI OO OO �pO g$ E E $o eS o aR d o 5» N o o vi 0E ssqq 2525$$0$ UE `$ $ o 88C;6 n o o o y J nQ R N R R N S $o $$$ E g e S 0 0 0 0 8 O O O Q LLV � m Z �iV�R» O,n 1N $OOO n yN� y 7 t� Eo pg IL 01 0 of 8g 88 y� $ p8888 OOOS »$b p O IL% 0 $ R OO fy RO$ 17 p$ 10$ N a� CINRRN �O O 4 Pm Iq m o 5 U HE 4 s R Eyy ssse�s JS ggpp 9LL eoSSo�o AgAn A� Ems g�a aLL� BE� og 3 g y n'rvm�a_n,n RmR6m 8m RR $ ��snm�ra mm o_8 -'o. „3 i3z33333i� __ �� �m " 3�oc3300000o o¢aeo{fX{Rfo c9 gaS -3 - o8R8no v�-R o80 X Oy U FQo 0 El a " �=�,M o �oaSoogo�on oqa; � S '� �$su4¢�u ix '"aQE najr ba�a9'�m�cs i<_y qa'� �A ^>§SSo§§�s_m9 Egg �� bCu ova n5o m9LL n 3 \/\\) §`\\ MIS !.)ii;;;\ h !°.lm . 235;§Jy^az g659e - a§QGadEG§! `� §\/\\\/( §3#E_��taseeae! „!,—z. \\\\} \\\\\\\\\\ )}\ j!I \ \! \ :2\ © :gb dj\/JJGDtd; f ( (\ §\\ a§§ § «§ § oaq a «a a _ / a 2� °rb kkcc 0 cli m CL 8 O 82 }k (k LL k§ \ } q\ k ) | ! 9L g IL c .� 1mmm � 8 I BB § § =■ee £2 d'a�3�NN�e'B RMgin$igg FG i R�"�5ngsAs��l 5isee 3 n gg- i 3 g "ni'e e rY i g � � i�a" e nF �qJ( {l}e2j'j a yy C'*Qj y a Vn E[8<NE�� »»»......» »..----» m a�� a ii 2. mn ig .mga8 xcii� IN �r$o ai:i "�=aigg RRg sgaiggiig egg �':� »»»»»»» »»»»»»» mmsR!a3 ¢i-s'i£�exR'g§mg ng:i zonEav_ Rg$ e 8O ''Mug pis MOM! s g� Big aae ���€ s#g gie � -------j� isseee$ii xzRens"a 'ihi»:isi xan H Im a 9 RA 'ix -affi»»-$.a mgg�eOeisg ii�nge��=o dig»».$se $sa giiaig 9�i §R# 'eii� ngi �i 3 xleEe$$g'nR'a.eoRRffi i $��MoHi rnq.Aimp»»g�sx� R R§ g s£'ain iim-H— isa�a9i I "'si»§ zz�REn nii~3„'si Izm g g & g pp p€� d g @ 5 gig g I a.g € fl igf € s *`i p€g'� gnn a €$gg g 8 LL y� gU g$A i� q An 112 \/; § , ;%ism i | ,.; ;!§§; :■ r;§#!| , z ! -`E #■!!! �2lp/!R { � 7;■ !III!! r,( ( })) /, ;■ \ ( - , °�_ � \\\/ \ $| 2�■ . gyms. !! � INK \ ) °§}}` 119T § } \ AT r - .- .G S Sin ! ! }!}§ ! ,!!!;i! ! ` ! ! !!!!! • . z,- ,-!l:,. \ f § ��•, | {i)/\i) ! MIA 6&»! City, of la Quin a Comparative Rates of Interest February 28, 2013 CIN of la Ou'nta Annualized Famin I Averega Treasury Bill Mote Thre9 Pooled Cash Fiscal Agent Overall Year Monty Maturl da Month IAIF He Three Month Six MonM One Year Two Year FY OBI09 July2008 Ngn-Financial 110% 1.88% 2.2B% 275% 2.99% 1.93% 277% 62 2.18% 2.79% August M08 3.16% 1.92% 2.88% 51 189% 1.89% 2.14% 2.38% 2,08% 278% Sept 20M 2.81% 1.92% 2,64% 37 1,42% 1.79% 1,96% 2,00% 2.13% 2,77% Oct 2008 266% 261% 2.61% 29 0.90% 1.40% 1.72% 1.50% 2.07% 2,71% Nov 2008 238% 2,36% 2.36% 64 0.15% 0.49% 1.04% 125% 1.45% 2.57% Dec 2008 1.60% 0.18% 1.42% 116 005% 0.25% 059% 0,86% 0.97% 2,35% Jan 2009 1.36% 0.18% 1.23% 82 0.15% 0.35% 0.43% O.BB% 0,31% 205% Feb 2009 1.23% 0.18% 1.11% 75 0.30% 0,50% 0,61% O.N% 0.48% 187% Mar 2009 126% 0,18% 1,13% 69 0.20% 0.42% 0,70% 0,88% 0,37% 1,82% Apr2009 094% OAS% 0.85% 64 0.31% '0.33% 0.59% 0.88% 0.28% 161% May 2009 0.92% 0,18% 084% 80 OA8% 030% 053% OBB% 0,23% 1.53% FY owl June 2009 July 2009 0.86% 0.69% 0.29% 0,80% 111 0.20% 0,35% 0,55% 1.13% 0.26% 1.38% 0.30% 0.65% 111 0.19% 0.28% 0,47% 1.00% 0.28% 1.04% Augusl20M 0.64% 0.30% 0.61% 92 0.16% 0.26% 046% 1.DO% 0.24% 0.93% Sept MOB 056% 0.31% 0.53% 112 0.12% 0.19% 0.41% 1.00% 0.19% O)5% oct2Oo9 0.52% 0.31% 0.50% 90 008% 0,19% 0.38% 100% OAM oes% Nov 2000 0.56% 0.31% 0.53% 152 0.04% 0.14% 0.32% 0,75% 0.15% 0,61% Dec 2009 0,56% 0.16% 0.51% 239 0.11% 0.20% 0,16% 1,00% 0.16% 0,67% Jan 2010 0.46% 0.15% 0.43% 179 0.06% 0.14% 0,34% 0.88% 0.13% 0.56% Feb 2010 051% OA6% 0.48% 162 0.13% 0.19% 0.32% OBB% OA5% 0.58% Mar20lO 0.50% 0.16% 047% 172 0,15% 0.24% 038% 1.00% 0,20% 0.55% Apr20lO 0.62% 0.16% 0,48% 162 0,16% 0.24% 0,40% 1,00% 0.23% 0.50% May2010 0.52% 0,18% 048% 116 0,17% 0.22% 0.37% 0.75% 0.28% O.N% June 2010 0.37% 0.10% 0.29% 134 OAS% 022% 0.32% 0.0% 0.32% 0.53% FY 10111 JaIY2O10 0,50% 0.15% 0.47% 119 OA6% 0.20% 0.30% 0.63% 0.28% 0,53% Augusl20l( 049% 0,15% 0.46% 108 0,15% 0.19% 0.26% 0.38% 0.25% 0.51% Sept 2010 055% 0,15% 0.61% 107 0.16% 0,19% 0.27% 0.38% 0.24% 0.50% Oct 2010 0.55% 0,15% 0.51% 88 OA3% OA7% 0.23% 038% 0,23% 0.48% NW2010 0.53% 0,15% 049% 84 0,18% 021% 0.28% 050% 0.23% 0.46% Dec2010 0.57% 0.14% 0.52% 265 0.15% 0.19% 0.30% 0.63% 023% 0.46% Jan 2011 0.51% 0.14% 0.43% 200 0,16% 0,18% 0.2B% 0.63% 0.24% 0.54% Feb20ll 0.55% 0,17% 0.46% 210 Od5% 0,17% 0,31% 0.83% 0.23% Ml% Mar 2011 0.54% 0.17% 045% 218 0.05% 0.13% 0.26% 0.75% 0.23% 0.50% Apr2011 059% 0.17% 0.48% 192 0.05% 0.10% 0.28% 0.63% 0.20% 0.59% May 2011 0.48% 0,17% 041% 166 006% OA2% 020% 0.50% 0.16% 041% June 2011 0,53% 0.00% 0.35% 126 003% 0,10% 0.20% 0.38% 0.15% 046% FY 11112 July20ll 053% 0.00% 0,35% 112 0.07% 0.12% 0.15% 020% 0.14% 0.38% Augusl 2011 0,60% ON% 0.38% 102 002% 005% 0.10% 0.13% 0.16% 0,41% Sept 2011 0,58% 0.03% 0.39% 124 0.02% 006% 0.09% 0.13% 0,14% 0.38% Oct2011 0,53% 0.03% 0,35% 117 0,01% 0.06% OA2% 025% 0.15% 0.39% Nov 2011 0.52% 0,03% 0,37% 94 0,03% 0,07% 0.10% 0,25% 0.14% 040% Dec 2011 048% 003% 0.35% 86 0.02% 0.06% 0.11% 0.13% 0.14% 0,39% Jan 2012 0.45% 0.03% 034% 74 0.05% 0.08% 0.11% 0.25% 0.14% 0.39% Feb 2012 0,49% 0.05% 0.36% 72 0,12% 0.15% 0.17% 0.25% 0.17% 0.39% Mar2012 0.44% 0,05% 0,34% 74 0,08% 0,14% 0.19% 0,25% 0,18% 0.38% Apr2012 044% 009% 0,35% 61 0.10% 0.15% 0.19% 0.25% 020% 0.37% May 2012 043% 009% 0.34% 62 009% 0.14% 0.19% 025% 0.19% 036% June2012 038% 008% 029% 47 0A0% 0.16% 021% 0.25% 0,21% 0.36% FY 12/13 July 2012 041% 0,08% 0,31% 112 0.11% 0.16% 0.18% 0,22% 0.22% 0.36% August 2012 041% 0,08% 0,29% 31 0.11% 0.14% 020% 025% 0.20% 0.38% Sept 2012 0.43% 0.09% 0,33% 34 0,11% OA4% 0.18% 0.26% 020% 0.35% 002012 0.47% OA0% 0.36% 22 OA3% 0,16% 0.18% 025% 0.19% 0.34% Nov 2012 0.48% 0.10% 0.36% 161 0,10% 0.15% 0.18% 0.25% 0.20% 0.32% Dec 2012 0.47% 0.10% 0.36% 137 O.OB% 0.12% 0.16% 0,13% 0.20% 0.33% Jan 2013 0.44% OAO% 0.34% 111 008% )AM OA4% 025% 0,16% 030% isM.. 114 10 M O N l6 d! 7 R � LL N � 7 J r O w � t 0 N v Ci A N t � Um E a� N fO U 0 0 0 o c o 0 0 0 0 o u o 0 0 n a Cl)d N o 0 0 o a o 0 0 M z a d LL M f0 7 C c6 N d a 0 U L N d a E :? n m a IT / SA / HA / FA MEETING DATE: April 16, 2013 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Resolution in Support of Enterprise Zones CONSENT CALENDAR: 1-2- STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Adopt a resolution of the City Council in support of Enterprise Zones. EXECUTIVE SUMMARY: • The Coachella Valley Economic Partnership requests that the City of La Quinta, along with all its other members, support Enterprise Zones and oppose any proposal that would threaten their existence. • Recent reforms to California's Enterprise Zone program were introduced with Assembly Bill 103, which make it more difficult for veterans and the chronically unemployed by eliminating targeted incentives. • The Cities of Coachella and Indio and the County of Riverside designated the Coachella Valley Enterprise Zone Authority (CVEZA) in 2006. Although not within La Quinta's boundaries, the program positively affects local economy and the City has historically supported this enterprise zone. BACKGROUND/ANALYSIS: The California Enterprise Zone program was established in 1984 to stimulate business investment in depressed areas and create job opportunities for Californians. State tax credits and other financial incentives are offered to attract and retain companies within an Enterprise Zone. According to the Coachella Valley Economic Partnership, the CVEZA has contributed to eliminating high unemployment rates and business closure, and has provided incentives to encourage new businesses to locate within the Enterprise Zone and existing businesses to expand their operations. The California Association of Enterprise Zones (CAEZ) reports that Enterprise Zones are proven job creators. In 2010, more than 118,000 jobs were created while California experienced unprecedented unemployment. Governor Brown recently included reforms to California's Enterprise Zone program in Assembly Bill 103. According to the CAEZ, these changes dismiss the importance of job retention, threaten to undermine job stability by eliminating tax credits, strengthen the very barriers to employment that the Enterprise Zone program was designed to eliminate, and make it more difficult for veterans and the chronically unemployed by eliminating targeted incentives. The CAEZ views AB103 as a billion -dollar tax increase on California businesses. Although not within La Quinta's boundaries, the Enterprise Zone's impact can be felt as new businesses contract with local trades to construct and maintain facilities. La Quinta residents have increased access to job opportunities and La Quinta businesses benefit from increased purchasing power of residents and neighbors. ALTERNATIVES: Withhold support for Enterprise Zones. Respectfully submitted, 1 ff6" Ions ` n, Wanda Wise -Latta, Executive Assistant RESOLUTION NO. 2013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, IN SUPPORT OF ENTERPRISE ZONES WHEREAS, the Coachella Valley Enterprise Zone Authority ("CVEZA"), created under a Joint Powers Authority with the City of Coachella, the City of Indio and Riverside County received its designation on November 111", 2006, under the California's Enterprise Zone program that was established in 1984 by the Legislature to stimulate business investment in depressed areas of the state and create job opportunities for Californians; and WHEREAS, CVEZA has contributed to eliminating high unemployment rates and business closures, and has provided incentives to encourage new businesses to locate within the Enterprise Zone and existing businesses to expand their operations; and WHEREAS, according to the findings and declarations of the Enterprise Zone Act, it is in the economic interest of the state to have one strong, combined, and business -friendly incentive program to help attract business and industry to the state, to help retain and expand existing state business and industry, and to create increased job opportunities for all Californians; and WHEREAS, Enterprise Zones create and retain jobs. According to the California Association of Enterprise Zones, in 2010, more than 118,000 jobs were created while California experienced unprecedented unemployment; and WHEREAS, Enterprise Zones attract businesses to California and retains them. Once a zone is approved, businesses construct facilities, purchase equipment, hire workers and make other investments; and WHEREAS, Enterprise Zones provide a geographically targeted economic development tool designed to improve poor and blighted communities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California, formally supports the positive benefits of the Enterprise Zone program in local communities and on a statewide economic level; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of La Quinta, California authorizes its staff to communicate its support for Enterprise Zones and opposition to any proposal that would threaten their existence. Resolution No. 2013- Support of Enterprise Zones Adopted: April 16, 2013 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quints City Council held on this 16th day of April 2013, by the following vote: AYES: Council Members NOES: None ABSENT: None ABSTAIN: None ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quints, California DON ADOLPH, Mayor City of La Quinta, California . 411r•'.. 119 4ci �mrnT% FAIR POLITICAL PRACTICES COMMISSION 428 I Street • Suite 620 • Sacramento, CA 95814.2329 (916) 322.5660 • Fax (916) 322-0886 April 12, 2013 M. Katherine Jenson Rutan 8c Tucker, LLP o/b/o Donald Adolph, City of La Quinta Mayor 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92628-1950 Re: Advisory Letter FPPC No.13/1%: Donald Adolph Dear Ms. Jenson: As you know, the Enforcement Division of the Fair Political Practices Commission (the "FPPC') has received a sworn complaint against your client, Mayor Donald Adolph. After review of the complaint, the Enforcement Division has decided to close its file on this matter without initiating an enforcement action. The basis for this decision follows. The FPPC enforces the provisions of the Political Reform Act (the "Act'),' found in Government Code Section 810000, et seq. The Act's conflict of interest provisions ensure that public officials will perform their duties in an impartial manner, free from bias caused by their own financial interests. Section 87100 prohibits any public official from making, participating in making or otherwise using his official position to influence a governmental decision in which the official has a financial interest. The allegation in the complaint is that your client had a conflict of interest regarding his personal residence when he made a governmental decision at the February 11, 2011, city council meeting to purchase property for development known as the "SilverRock" property. r The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political PrWices Commission are contained in Sections IS109 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated. t- 120 FPPC No. 13/196 Donald Adolph Page 2 The FPPC has adopted an eight -step analysis for deciding whether an official has a disqualifying conflict of interest. The general rule, however, is that a conflict exists whenever a public official makes a governmental decision that has a reasonably foreseeable material financial effect on one or more of his financial interests. To determine whether an individual has a disqualifying conflict of interest, the analysis consists of the following sequenced analysis: (1) is the individual a public official; (2) did or will the official make, participate in making, or use or attempt to use the official position to influence a governmental decision; (3) does the official have economic interests directly or indirectly involved in the governmental decision; (4) what is the applicable materiality standard for each involved economic interest; and (5) whether it is reasonably foreseeable that the governmental decision will have a material financial effect on the official's economic interest. (Regulation 18700.) Nk. Adolph is a public official and his economic interest in this matter is his personal residence. Under step 4 of the analysis, in order to determine if a governmental decision's reasonably foreseeable financial effect on a given economic interest is material, it must first be determined if the officials' economic interest is directly or indirectly involved. A conflict of interest arises only when the reasonable foreseeable financial effect of a government decision on a public official's economic interest is material. (Regulation 18700(a).) You have indicated that W. Adolph's personal residence is approximately 1,800 feet from the closest comer of the SilverRock property, and therefore the property is indirectly involved. (Regulation 18704.2.) When the FPPC established the 500 foot rule, it was intended to serve, as much as possible, as a bright -line test for determining when the law would consider a financial effect on real property to be material. Within 500 feet, even a one -penny effect is material. Beyond 500 feet and the financial effect will not be considered material unless there are specific circumstances under which the official's property will receive a benefit or suffer a detriment substantially disproportionate to other properties affected by the decision. Regulation 18705.2(b)(1) provides that the financial effect of a governmental decision on real property is presumed not to be material, unless this presumption may be rebutted by proof that there are specific circumstances, which make it reasonably foreseeable that the decision will have a material financial effect on the real property in which the public official has an interest. Examples of specific circumstances include, but are not limited to: (A)The development potential or income producing potential of the real property in which the official has an economic interest; (B) The use of real property in which the official has an economic interest; (C) The character of the neighborhood including, but not limited to, substantial effects on: traffic, view, privacy, intensity of use, noise levels, or similar traits of the neighborhood. As stated above, when a public official's property is located more than 500 feet from the property that is the subject of the decision, it is presumed there will be no reasonably foreseeable material financial effect on the official's property. However, when the magnitude of the change brought about by the governmental decision is such that it is L1 1 FPPC No. 13/196 Donald Adolph Page 3 clear that there may be some affects on the public official's property beyond 500 feet, the public official must consider those affects. Therefore, it is highly recommended that your client consider Regulation 18705.2(b) before any future decisions regarding the SilverRock property. The FPPC publishes forms and manuals to facilitate compliance with the provisions of the Act. If your client needs forms or a manual, or guidance regarding your client's obligations, please call the FPPC's Technical Assistance Division at 1- 866-275-3772. Please also visit our website at www.fpW.ca.gov. Nft. Adolph's cooperation in ensuring that the requirements of the Act are consistently satisfied is greatly appreciated. If you or your client has any questions regarding this matter, please feel free to contact Teri Rindahl at 916.327.2018. Sincerely, Gary S. Winuk Chief, Enforcement Division GSW/tr Cc: Linda Gunnett 4- 122 RUTAN RUTAN 6 TUCKER, LLP April 8, 2013 Via Federal Express Gary S. Winuk, Chief Enforcement Division Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Re: FPPC No. "Pending;" Sworn Complaint Against Mayor Don Adolph Dear Mr. Winuk: M. Katherine Jenson Direct Dial: (714) 641.3413 E-mail: kjenson@nttan.com I am the contract City Attorney for the City of La Quinta, and am responding to your letter dated March 29, 2013, in the above -referenced matter. This letter is submitted on behalf of Mayor Don Adolph. Ms. Gunnett's complaint relates to 500+ acres of publically owned property located at the southwest corner of Avenue 52 and Jefferson Boulevard in La Quints. The property is referred to as "SilverRock" or the "SilverRock Resort," The property was originally purchased by the former La Quinta Redevelopment Agency in 2002 for the purpose of development of municipal golf facilities and ultimately selling a portion of the property for resort development. . The property consists of three different components. First, an 18-hole public golf course and temporary clubhouse have been developed and are owned and operated by the City of La Quints Second, approximately 243 acres of the remaining property are slated for future public uses, including a park and possibly a second golf course. Third, there are 87 acres of land slated for future resort commercial use. A Specific Plan governs the use of the property consistent with what I have described, . As of January 1, 2011, the title to all but the existing golf course was still held in the name of the La Quinta Redevelopment Agency. With the impending demise of California's Redevelopment Agencies, the City opted to purchase the 87 acres of resort commercial land at fair market value so that the City could keep control over the ultimate disposition and development of the property. The City did not wish to see the property liquidated as part of the wind down of the La Quints, Redevelopment Agency. In February of 2011, the City Council unanimously authorized the City's purchase of the 87 acres. The property was appraised by an MAI Appraiser, and the City paid the Redevelopment Agency the fair market value of the Property. As City Attorney, I determined that Mayor Adolph had no conflict of interest relating to the SilverRock properties or any of the SilverRock decisions. 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626� 123 PO Box 1950, Costa Mesa, CA 92628-1950 1 714.641.6100 1 Fax 714.646.9036 1191015610.0002 Orange County I Palo Alto I www.rutan.com 5341770.1ao4ros13 RUTAN RUTAH f TUCRfR. LL Gary S. Winuk, Chief April 8, 2013 Page 2 The Mayor's residence is located approximately 1,800 feet from the closest comer of the SilverRock property. Driving distance between the Mayor's home and the edge of Silverrock is approximately 1.31 miles. The PGA West Master Association owns certain landscape and roadway parcels that are near SilverRock. According to legal counsel for the PGA West Residential Association, Peters & Freedman, LLP, the landscape strip across the street from the southern edge of SilverRock and PGA West Boulevard near the southeast corner of SilverRock is owned by the PGA West Master Association, an entirely separate corporate entity in which Mayor Adolph has no percentage interest. Mayor Adolph is simply a due -paying member of the Master Association; he has no ownership interest in the parcels owned by the Master Association. According to Peters & Freedman, the property owned by the Master Association is not `common area." A copy of the Peters & Freedman letter is enclosed. In addition .the City has obtained a formal written opinion from an independent real estate expert as to whether the activities and decisions relating to SilverRock could have any impact on the Mayor's property interests or the Master Association parcels. Enclosed is a copy of the letter. As you will see, the letter concludes that decisions relating to SilverRock have no impact whatsoever on the Mayor's property interest or on the Master Association property. The letter lays out an extensive basis for the conclusion. The City Council's 2011 decision to transfer the title to the undeveloped property at SilverRock from the La Quinta Redevelopment Agency to the City is well within the scope of the opinion. It is therefore my opinion, and that of the Mayor, that he has no conflict of interest whatsoever relating to this or any other decision involving SilverRock. I would also point out that these actions were taken at a duly noticed public meeting, and Ms. Gunnett expressed no comment about the actions when they were taken. Should you have any questions or need any further documentation, please feel free to contact me. Very truly yours, yy�'n s City Attorney, of La Quinta cc: Mayor Don Adolph Enclosures: Letter dated July 28, 2009 from La Quinta Palms Realty Letter date November 9, 2001, from Peters & Freedman, LLP l 1191015610-0002 124 5341770.1 OVUM '11/09/2001 15:41 17604363442 PETERS AND FREEDMAN PAGE 02 SIMON J. FREEDMAN DAVID M. PETERS KEENAN A. PARKER MARK T. GUI711UE:S MICHAEL G. KIM LAURIE F. MABOVO BTEVEN ES R NNAAPOOLEISOK JFt JEFFREY n. PRATT LAURIE 6, POOLE PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW . 101 CALLS MAGDALENA, SUITS 220 ENCINITAS, CALIFORNIA 02024 M. Katherine Jenson RUTAN & TUCKER, L.L.P. 611 Anton Blvd., 10 Floor Costa Mesa, CA 92626-1998 Tel: (760)438-3441 Pea: (760) a883442 November 9, 2001 Re: PGA West Residential Association/Disqualification of Don Adolph File No. 1194 Dear Ms. Jenson: manhasiew.mm wew.N09lew.eom 7"76ELPDAB 8NTE6t PALM DESSW CA 02M Tot e0 r1`144es Aeaaumanto: 7e0 772.2s2e Fax: 17"948 As you are aware, the law firm of Petere & Freedman, L.L.P. represents the PGA West Residential Association ("Residential Association') in the above -referenced matter. The purpose of this letter is to respond to your contention that Government Code § 89100 et. seq., and the Calfjornia Fair ,Political Practices Commission Regulations require that Mr. Don Adolph be disqualified from voting on issues related to the Country Club of the Desert ("Country Club') pmj ect in his capacity as a member of the La Quints City Council. As we interpret the above -referenced code and regulations, they are only implicated where a'public official" involved in a "govcmmcntal decision" has an "economic interest" in the subject matter of that decision. It is our understanding that the "economic interest" upon which the challenge to Mr, Adolph's right to Vote is prefaced is his undivided fractional ownership interest in the PGA West Residential Association common area. While we do not dispute the fact that Mr. Adolph has such an interest, we need not consider the same in this analysis because the property which you contend triggers application of the above -referenced code and regulations is not part of the PGA West Residential Association. Rather, the property is owned by the PGA West Master Association ("Master Association'), an entirely separate corporate entity inwhieh Mr. Adolphhas no percentage ownership. Mr. Adolph is simply amemberofthe MasterAseociation inmuchthe same way as one is amember of a golf club. He is required to pay membership dues in order to utilize the Master Association facilities but does not have any ownership interest in those facilities. Furthermore, the Master Association does not own "common arm" (see, Master Declaration of Covenants, Conditions and Received Nov-06-01 03:43Pa Fros-17604363442 To-RUTAN s TUCKER LLP D Page 02 11/UW2OO1 15:41 17604353442 PETTERS AND FREEDMAN PAGE 03 M. Katherine Jenson November 9, 2001 Page 2 Restrictions for PGA West, Riverside County, California, recorded January A 1996, Inst umeatNo. 15569). Based on the foregoing analysis, it is our prelitninary opinion that W. Adolph floes not have a disqualifying "economic interesfI in the property located within five hundred (500) feet of the Country Club and may therefore continue to participate hilly in decisions relating to that project as a member of the La Quints City Council.. If you have information to the contrary, please so advise. If, having considered the foregoing analysis, your concerns have not bean alleviated and you still contend that Mr. Adolph has a disqualifying interest in the subject property, be advised that we intend to rebut the presumption that the governmental decisions W. Adolph is involved in have a material financial effect on said property. Pleaoe do not hesitate to contact me with any questions or concerns you may have regarding this matter. Very truly yours, PETERS & FREEDMAN, L.L.P. David M. Peters, Esq. DMP:amk aA2%1190DMP\Lh\Ad*b Cot 2.wpd Received Nov-09-01 03:43pm FrwrIT604363442 To-RUTAN i TUCKER LLP D page 03 a� La Cgifita M. Katherine Jenson 'I "g u � ��I'J111000III �r._:._� City Attorney j>a1�g City of La Quinta YY 1�;, f Rutan and Tucker, LLP j� . 3 0 2009 i P.O. Box 1950 Pealty—ciirofiiwru' A ^ 1 Costa Mesa, CA. 92628-1950 or s APW! e s otNt 07/28/09 RE: Analysis of Potential Conflict for Effect of Currently Anticipated City Council/RDA Board Actions at SilverRock Resort on PGA West Common Area and the Homes of Mayor Don Adolph and Councilmember Kristy Franklin Dear Ms. Jenson, Thank you for the opportunity to provide my services to the City of La Quinta as your local real estate expert regarding any potential conflict of interest with respect to the participation and/or actions of Mayor Don Adolph and Councilmember Kristy Franklin in their capacity as La Quinta City Council/RDA Board members as they pertain to the SilverRock Resort Project. Pursuant to your request, I have analyzed the potential economic effect that such actions relating to SilverRock Resort might have on either of the personal residences of Mayor Adolph or Councilmember Franklin, or on any of the Common Areas of the PGA West community in which they reside. By way of background, my qualifications to render this opinion include the following: I am a California Licensed Real Estate Broker; I am the co-owner of La Quinta Palms Realty and have been practicing Real Estate Sales and Property Management in La Quinta since 1982; I have valued, listed, and sold numerous properties in PGA West and the surrounding Communities; I have a BA in Economics from the University of California at Irvine. The scope of this professional opinion shall be limited to the decisions that have been made or are anticipated to be made regarding issues that are consistent with the current Specific Plan for the SilverRock Resort site which includes a second 18-hole golf course and resort type uses, It is anticipated that these issues will also include the operation of the golf course, the maintenance of the developed and the undeveloped portions of the site, and the future development of the portion of the site currently owned by the Redevelopment Agency. Specifically, it is also anticipated that the City Council and/or the Agency Board in the future will consider a contract to allow temporary farming on portions of the site along with certain types;,of planting on the remainder of the site designed to control dust, consideration of alternative temporary public uses of the areas that are not already developed, the design of facilities on the site such as the permanent clubhouse and the second golf course, issues involving the All American Canal, including the possible relocation and undergrounding of the Canal, and future consideration of the Disposition and Development Agreement with Lowe Enterprises (or possibly other developers in the future) for the development of the resort uses. This professional opinion will not apply to issues that are not consistent or deviate substantially from the current Specific Platt for the site. It is recommended that a separate opinion be obtained on a case by case basis for these issues. 51001 Eisenhower Dr. Le Quints, CA. 92253 (760) 664-4104 Fr (760) 564-0344 . My analysis of whether there is any potential financial effect on the Mayor's or Councibnember's real property interests is based upon the "one penny rule" which requires that any actions taken by either Mayor Adolph or Councilmember Franklin with regard to the SilverRock Resort Project will not affect the value (even by one penny) of the PGA West HOA common areas and properties or either of their personal residences. Based upon my knowledge of the area and the circumstances in this situation, the use and maintenance of the HOA common areas and property are not affected by the current and/or proposed activities at SilverRock Resort. These common areas and properties consist mainly of private roadways, common area landscaping, medians, walkways, and other private common amenities (pool/spa areas). The majority of these items and areas are private acid secluded away from the public by the walls surrounding their gated community. The only private roadway currently accessible to the public is PGA West Boulevard and the cost of its maintenance is not impacted by the development or use of SilverRock as members of the general public would not use PGA West Boulevard to travel to or from SilverRock since PGA Boulevard is located to the southeast of the existing and planned entrances to SilverRock. Additionally, it is my opinion that neither the intrinsic or aesthetic value of the HOA common areas and property would be affected by the current and/or proposed activities at SilverRock Resort for the same reason stated above. The personal residences of Mayor Adolph and Councilmember Franklin are both located in Private, gated communities within the PGA West complex. The parcel upon which Mayor Adolph's home [55-105 Riviera) is located is approximately 1,800 feet from the closest corner of SilverRock as the crow flies. The driving distance from that parcel to the southeast comer of the SilverRock property is approximately 6,900 feet (1.31 miles). Councilwoman Franklin's home [81-060 Kingston Heath) is located east of Madison Street on the Norman Golf Course. Her individual lot is located approximately 6,300 feet (1.19 miles) from the closest portion of SilverRock Resort as the crow flies. The driving distance from her home to the southeast corner of SilverRock is 8,650 feet (1,64 miles). This great distance combined with the fact that both homes are secluded behind the walls of a private community with access to their own private golf courses insulate the value of these properties from any positive or negative impact resulting from the current and/or proposed activities at SilverRock Resort. Commercial farming has long been practiced upon the SilverRock Resort Site both before and after the development of PGA West. Home sale values at PGA West were completely unaffected by these activities. It has never had an economic impact on either the HOA common areas and properties or the residences located within the PGA West Communities. It is therefore my independent and professional real estate opinion that any City/Agency actions taken by either Mayor Adolph or Councilmember Franklin (within the scope of this letter) with regard to the SilverRock Resort Project will have No Impact on the economic value of the PGA West HOA common areas and properties or their personal residences. $1001 Eisenhower Dr. Le Quints, CA. 92253 (760) 564.4104 F..(760) 564-0344 128 Please do not hesitate to contact me with any questions regarding the contents of this letter. As always, it is a pleasure to be of service to you and the City of La Quinta. Respectfully Submitted, Bruce Y. Cathcart La Quinta Palms Realty Broker 400915271 51001 Elsenhower Dr. Le Quinta, CA. 92253 (760) 564.4104 Fr (760) 564-0344 ^a. 129 CITY A/HAXA MEETING DATE: April 16, 2013 ITEM TITLE: SilverRock Financials EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: • Analyze and discuss the financial status of the SilverRock Golf Course revenues and expenditures, depreciation, capital equipment replacement, and the revenue impacts of the two canal options. • Discuss and provide direction to staff regarding revenue generating options. FISCAL IMPACT: None at this time. Revenue generating alternatives could be included with the 2013/2014 Annual Plan and implemented July 1, 2013. BACKGROUND/ANALYSIS: SilverRock Resort Development The SilverRock Golf Course (SilverRock) was built as a recreation amenity to entice future hotel development and for City residents to enjoy a high quality golf experience at a reasonable rate. Since the inception of the SilverRock development, the golf course operation was not intended to be a stand-alone revenue generator for the City. Transient occupancy tax and sales tax revenues from future development would offset the golf course operational costs and create new revenue opportunities for the City. All of the development and hotel entities that the City has spoken to and worked with since 2000 (the year the City started working on securing property for a golf oriented resort) indicated that a golf course was necessary to anchor desert resort development. With the exception of 2008, SilverRock has experienced increases in revenues and golf course rounds (Attachments 1 and 2). 130 Current Cost of Operation The Fiscal Year 2012/2013 operating revenue for the golf course is forecast to be $3,855,274. The expense for Landmark's golf management contract is $3,477,925. The SilverRock budget has additional costs for City contract administration, property maintenance and repair, bank charges, and transfers to the capital equipment reserves. These additional costs reduce the net revenue to $251,334. Buildings and Capital Equipment Depreciation SilverRock is operated as an enterprise fund and depreciation is factored into the expenses to comply with accepted General Accounting Practices. The current depreciation for this year is estimated at $502,381 for buildings and equipment. Therefore, with depreciation, the SilverRock operation this year is anticipated to show a net loss of $251,047. The golf course maintenance equipment purchased in 2009/2010 was an effort to reduce operating expenditures. Depreciation is charged over the useful life of capital equipment whether it is purchased or a capital lease. Future Capital Equipment Purchases The City sets aside 2% of the gross revenues for a Capital Equipment Reserve fund. The fund is to be used for capital equipment purchases and major repairs at the golf course. The fund has a current balance of almost $483,000. In 2009, Landmark and City staff evaluated options to lease or purchase maintenance equipment for the golf course. The City Council approved the purchase of this equipment saving $225,000 by purchasing the maintenance equipment instead of leasing it through the lowest cost lease option. The cities of Indian Wells and Palm Desert have also purchased golf course maintenance equipment for this reason. An equipment replacement schedule has been developed to identify when equipment will need to be purchased and the cost. In 2014/2015, maintenance equipment will need to be replaced. Landmark and staff will again evaluate the cost benefit of purchasing versus leasing for the maintenance equipment. If it is determined that purchasing the equipment is the best alternative, then the Capital Reserve Fund will be used. If a capital lease is the preferred option, then it becomes part of the operational costs for the term of the lease. Any large equipment purchase or capital lease expenditures will be brought to the City Council for approval. Additionally, as with equipment purchases, any equipment leases will also be amortized as a depreciation expense. it 131 Advance from City to the Golf Course Enterprise Fund The City has advanced SilverRock just over $5.1 million over the past eight years to cover the difference in annual operations expenses versus annual revenue. There is $179,000 in cumulative interest charges (by the City) that brings the advance balance to approximately $5.3 million. Fiscal Year 2011/2012 was the first year that no advance was needed. Additionally, no advance is being projected for Fiscal Year 2012/2013. The steady increase in golf rounds, increased revenue per round, increases in SilverRock resident cards, and the elimination of the Bob Hope Classic Golf Tournament are reducing the need to advance funds from the City to support the Golf Course Enterprise Fund. The hotel transient occupancy tax and sales tax from the future development will offset the advance to the Golf Course Enterprise Fund. Repayment of the advance has not yet been determined. One way to repay this advance would be to reduce the advance by the amount of transient occupancy tax attributable to the newly built hotel once the SilverRock properties are fully developed and the hotel is fully operational. Canal Relocation Impacts The Coachella Valley Water District canal relocation project will impact the golf course revenues and expenses. The parallel canal option will have the greatest impact due to the construction time required for the project and the expenses related to the relocation of the irrigation system and fairway alterations. The loss of revenue for the parallel option is estimated to be $780,000. Although the back nine will be closed, the golf course maintenance expenses are expected to go down only 10% to 15% during the construction period because the golf course must still be maintained. The perimeter pipeline option will have less of an impact because of a shorter construction window (as it relates to the golf course) and less expensive landscape improvements. The loss of revenue for the pipeline option is expected to be $262,000 with maintenance expenses decreasing by 10% to 15% during the construction period. Further details regarding the golf course impacts and loss of revenue will be provided in the canal relocation staff report that will be presented to City Council on May 7, 2013. Revenue Alternatives Each year the SilverRock revenue alternatives are brought forward for City Council consideration. Three options have been outlined to raise golf course revenues (Attachment 3). 132 1. Increase Public Rates and Public Twilight rates by $5 beginning July 1, 2013. Golf course fees have not been increased since 2005. By increasing the public and public twilight rates by $5, revenues should generate $50,000 to $60,000. This alternative makes up 10% to 15% of all green fees. This increase will have minimal impact on tournament, wholesale, resident guest, PGA, Junior, and replay rounds. Resident rates will not be affected. 2. Add a Super Twilight rate and start this rate two hours after the current twilight start times and before the Walk the Rock Program. This could generate an additional $10,000 to $15,000 annually. Resident rates will not be affected. 3. Eliminate the $7 (30 minute range fee rate) and sell a $10 (one hour range rate only) This could increase revenue approximately $5,000 to $7,000 annually. Based on the operating expenses divided by 47,000 rounds, the cost per round is approximately $78. Resident rates make up 25% to 30% of play during the peak season with resident fees of $55. Rack rates during the peak season are $165 per person. Although residents pay less than the cost of operation, rate increases to residents are not recommended because of recent increases to the SilverRock Resident Card ($150 per person for three years). Resident rates and Resident Cards for SilverRock are higher than both Indian Wells and Palm Desert (Attachment 4). submitted, Edie Hylton, Copafnunity Services Director Attachments: 1. SilverRock Revenues and Expenses 2. SilverRock Golf Rounds 3. Revenue Generating Ideas 2013/2014 4. Competitive Rate Comparison �p ' 133 ATTACHMENT 1 Q a a u u o a N IF CL j \ ¢ S $ ' C � N V 6 ' O NO O I r n CN N p� YO LL 8 O 8 8 8 8 8 8 8 8 8 8O 8O 8O 8O 8O 8O 8O 8O 8O N a N O N O N O N 134 ATTACHMENT 2 m l N it N e?�l LL rl N O ei � O a -I M C O O OF N 0 o z 3 0 0 � w v N Go O a s 0 0 0 Ln 0 S o 0 0 0 0 0 0 0 0 0 0 d d d d d d l0 Ln Wf N rl ... 135 ATTACHMENT 3 SI LVERROCK° R E S O R T Additional Revenue Generating Ideas 2013-2014 Fiscal Year 1. Increase Public Rate and Public Twilight Rates $5.00 beginning July 1, 2013. July 1 through September 15, 2013 Old Rate - $55 WD & $65 WE Old Twi - $40 WD & $50 WE New Rate -$60 WD & $70 WE New Twi - $45 WD & $55 WE September 16 through October 6, 2013 Old Rate - $85 WD & $105 WE Old Twi - $40 WD & $50 WE New Rate - $95 WD & $110 WE New Twi - $45 WD & $55 WE November 5 through December 25, 2013 Old Rate - $125 WD & $125 WE Old Twi - $80 WD & $80 WE New Rate - $130 WD & $130 WE New Twi - $85 WD & $85 WE December 26 through Apri130 2014 Old Rate - $165 WD & $165 WE Old Twi - $95 WD & $95 WE New Rate - $170 WD & $170 WE New Twi - $100 WD & $100 WE May 1 through June 30, 2014 Old Rate - $85 WD & $105 WE Old Twi - $65 WD & $75 WE New Rate - $90 WD & $110 WE New Twi - $70 WD & $80 WE Assumptions • Increasing the Public Rate and Public Twilight Rate $5.00 should not decrease the number of golf rounds. • 5%-10 % of total green fees are for Public Rate Rounds (rack rate) • 10% of total green fees are Public Twilight Rounds These assumptions should generate approximately $30,000 to $40,000 in additional revenue for the 2013-2014 Fiscal Year. As a result of the increased Public Rate and Public Twilight Rate, Other (includes Tournament, Wholesale, Resident Guest, Discounts, PGA, Junior and Replay) rounds will also be impacted. It is assumed that the average rate of Other rounds will increase by 2% ($70.85 to $72.26). This should generate approximately $20,000 in additional revenue. 2. Add Super Twilight rate and start this rate approximately 2 hours after the current twilight start times and before the walkers (Walk the Rock). This could generate an additional $10,000-$15,000 annually. 3. Eliminate $7.00 (30 minute range fee rate) and only sell a $10.00 (1 hour range fee rate). This could increase revenue approximately $5,000-$7,000 annually. April 5, 2013 �E ." 136 ATTACHMENT 4 Desert Willow Golf Resort November 5ch — January Rack Rate Weekday $135.00 Twilight $90.00 January 25`h — Anril 2151 Competitive Rate Comparison Weekend $155.00 $90.00(after 1:00) Rack Rate Weekday Weekend $185.00 $185.00 Twilight $99.00 $99.00(after 1:00 until 3/10, then moves to 2:00) Resident Rate $45.00 year round, no guest rate extended Indian Wells Golf Resort Janus -April Rack Rate $159.00 Twilight $70.00(after 2:00) Resident Rate $35.00 Resident Guest $65.00 SilverRock Resort November 6 h — December 25`h Rack Rate $125.00 Twilight $ 80.00 Resident Rate $ 45.00 December 26`r' — April 30`h Rack Rate $165.00 Twilight $ 95.00 Resident Rate $ 55.00 La Quinta Resident Guest Rate — 30% off Posted Rack Rate PGA West (Resort) January -April Booked 180 Days in Advance Booked 30 Days in Advance Rack Rate $269.00 Stadium $239.00 Stadium $229.00 Nicklaus $199.00 Nicklaus Twilight $139.00 Stadium $109.00 Nicklaus --_..__-------- --_-_ -_-- _ ._._.. ___.- October 15, 2012 — - 3. 7. _ Classic Club November 17`h — December 31` Rack Rate $129.00 Resident Rate $55.00 Resident Guest $69.00 January Ist—ApriI30m Rack Rate $139.00 Resident Rate Not yet posted, usually approximately 50% off rack All Rack rates include $15.00 F&B voucher for day of play Possible Expense Reductions 1. Reduce the Capital Reserve to I % for the Fiscal Year 2012-2013 only. This would save an estimated $30,000 annually. There would be no impact to revenues. Future capital repairs at SilverRock would be impacted due to a reduced balance of capital reserve account. An addendum to the Golf Course Management Agreement would be required if this were to be implemented. 2. Reduce SilverRock's Marketing expense by approximately $10,000-$15,000 for the 2012-2013 Annual Budget. Less marketing translates to less advertising exposure and a reduced ability to build awareness for SilverRock. The impact on revenue is unknown however a negative impact would be expected. October 15, 2012 , �Y SA / HA / FA MEETING DATE: April 16, 201 3 ITEM TITLE: SilverRock Resort 2013/2014 Annual Plan RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the SilverRock Resort 2013/2014 Annual Plan as submitted by Landmark Golf Management LLC. EXECUTIVE SUMMARY: The Annual Plan (Attachment 1) reflects golf rounds and expenses that are comparable to the 2012/2013 Fiscal Year Annual Plan. Revenues and net operating surplus will increase as a result of Resident Cards issued at the golf course. FISCAL IMPACT: The Annual Plan is projecting operating expenses of $3,533,397 and revenues of $3,739,943 for a net operating surplus of $206,546. In addition to the golf course operating revenues and expenditures reported in the Annual Plan, there are also City expenditures that are included for the SilverRock budget that will be presented to the City Council in June 2013. The supplemental expenditures include: city staff salary for contract oversight, benefits, and training ($54,000); facility maintenance and repair ($30,000); bank charges ($32,000); and equipment and vehicle operations ($4,388). With these additional revenues and expenditures for SilverRock, the net surplus for Fiscal Year 2013/2014 is projected to be $86,158. The food and beverage service at SilverRock is not recognized in the Annual Plan because it is managed under a separate Food and Beverage License Agreement between Landmark Golf Management, LLC and the City. 139 BACKGROUND/ANALYSIS: The City entered into a Golf Course Management Agreement with Landmark Golf Management, LLC in April 2004. The Agreement requires that Landmark shall submit an Annual Plan to the City Manager. The Annual Plan provided by Landmark is a strategic management plan for the golf course operations. The plan not only provides the projected annual revenues and expenses for the fiscal year, but also provides a detailed proposal of department costs, staffing levels, and service levels. The Annual Plan is presented to City Council each year for review, recommendations, and approval. Summary of the Fiscal Year 2013/2014 Landmark Golf LLC Annual Plan Assumptions in this plan include: • 46,710 rounds of play; • An average projected revenue of $80.10 per round; • A 2% capital reserve of $65,885 for future golf course improvements and renovations, per the Management Agreement; • The Management Fee increased from $90,000 to $96,000 as a result of excellent management performance, and a low management fee compared to other city owned golf courses in the valley, and expertise in irrigation design and golf course renovation that will be important during the canal relocation project. Marketing The Marketing Narrative is on pages 20 and 21 of the proposed 2013/2014 Annual Plan with the Marketing Budget listed on page 16. Direct advertising and creating awareness for SilverRock is budgeted for $239,552. SilverRock is being promoted as a premier golf destination in the Coachella Valley through newspapers, magazines, directories, the internet, television, and radio. ALTERNATIVES: Approve the Annual Plan with modifications. Respectfully submitted, Edie Hylton, Cbmmwity Services Director Attachment: 1. SilverRock Resort Annual Plan 140 ATTACHMENT 1 LVE R R 0 C'KO R E S O R T SilverRock Resort -Arnold Palmer Classic Course 2013-2014 ANNUAL PLAN Prepared For: City of La Quinta SilverRock Resort Prepared By: Landmark Golf Management Submitted: April 8, 2013 141 SILVERROCK RESORT Annual Plan Fiscal Year 2013-2014 Table of Contents Part I -Project Overview Project Fact Sheet 1 Mission Statement 2 Philosophy Statement 3 Organizational Chart 4 Key Employee Staffing 5 Part II -Assumptions 2013-2014 Assumptions 6,7,8 Part III -Operational Financial Projections 2013-2014 Consolidated Income Statement 9 Part IV -Department Detail Golf Rounds and Revenue 10 Golf Shop / Merchandise 11 Carts, Bagroom & Range 12 Course Services 13 Golf Course Maintenance 14,15 General & Administrative 16 Marketing 17 Clubhouse 18 Miscellaneous 19 Part V-Food and Beverage Department Detail 20 Part VI -Other Marketing Narrative Plan 21,22 2013-2014 Golf Rates 23 142 SILVERROCK° R E S O R T PROJECT FACT SHEET COURSE NAME SilverRock Resort -Arnold Palmer Classic Course ADDRESS 79-179 Ahmanson Lane, La Quinta, Ca. 92253 TELEPHONE 1-888-600-7272 1-760-777-8884 I WEBSITE W W W.SILVERROCK.ORG MANAGEMENT Randy Duncan, PGA, Director of Golf / General Manager Willie Lopez, Golf Course Superintendent COURSE YARDAGE SILVER 7,578 PAR 72 GOLD 7,146 PAR 72 BLUE 6,658 PAR 72 WHITE 5,984 PAR 72 GREEN 5,320 PAR 72 RED 4,884 PAR 72 GRASS TYPES GREENS: TIF DWARF FAIRWAY / TEES: TIF SPORT ROUGHS: TIF SPORT OWNER CITY OF LA QUINTA MANAGED BY LANDMARK GOLF MANAGEMENT, LLC 74-947 HIGHWAY 111, SUITE 200 INDIAN WELLS, CA 92210 PHONE: (760) 776-6688 DATE COURSE OPENED February 14, 2005 .:b 143 SILVERROCK RESORT Annual Plan Fiscal Year 2013-2014 Mission Statement "TO BE THE BEST" "TO HAVE THE BEST GOLF FACILITIES" "TO HAVE THE BEST GOLF COURSE CONDITIONS" "TO PROVIDE THE BEST SERVICE" SilverRock Resort is dedicated to providing the finest public golf experience. All Staff Members of the facility play an important role in our Mission. Staff is supported through training and resources to ensure success. SilverRock Resort aspires to represent ownership and management with the highest standard of service in the Golf/Resort Industry and produce superior golf course conditions to meet and exceed the goals. Goals and Objectives: To support our Mission Statement and to achieve the projected Annual Plan; SilverRock Resort will pursue the following goals and objectives: • To hire and train staff members that will provide a high standard of guest services and maintain the highest level of course conditions • To maintain and pursue an aggressive Marketing Plan that benefits/acknowledges the La Quinta Residents, local residents, avid tourist, golfers and golfing public • To have each Department operate within their annual budget allowing SilverRock Resort to reach the net operating goals t.- 144 2 SILVERROCK RESORT Annual Plan Fiscal Year 2013-2014 PHILOSOPHY STATEMENT After eight (8) and a half years of operations, an Annual Plan accommodated the operational start-up through and including grow -in, final construction of the Arnold Palmer Classic Course, a notable Grand Opening Celebration and four successful years as one of the homes courses of the Bob Hope Classic. As the 2013-2014 Annual Plan is implemented, focus will continue to be on broadening the awareness, marketability and noteworthiness of SilverRock Resort's Arnold Palmer Classic Course, golf facilities and amenities. The philosophy that Landmark Golf Management perpetuates at SilverRock Resort is: an operation that allows management to utilize golf industry best -practices in accommodating market -driven demands as market shifts may occur. Each golf course facility has its own personality and characteristics; therefore, each golf operation is unique to some degree and should be managed with personality and characteristics taken into consideration. Golf operators that adjust procedures to short and long term market and industry fluctuations are better suited to maximize opportunities. In this upcoming eighth complete twelve (12) months of operations, Landmark Golf Management will put forth every effort to better position SilverRock Resort as a place to frequent in the eyes and minds of the influential decision makers in the world of golf. I4 A_1L,IDIU ►7�1 � Discover the mystique of SilverRock Resort, the crown jewel of La Quinta and its golf legacy. Rich in both history and legend, the majestic Santa Rosa Mountains frame an unwavering commitment to an exceptional experience at SilverRock Resort. 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N<S26S<O6 SQg aS8. .aN LLUU6 uu¢ OV6 O O F SILVERROCK RESORT 2013-2014 ANNUAL PLAN 2013-2014 Assumptions Revenue Green Fees: A green fee includes golf cart and warm-up range balls. A combination of the various green fee rates and green fee mix of Regular, Twilight, and Resident play is anticipated to yield an average rate of $70.53 per round on an annualized basis. The green fee rates for the 2013-2014 fiscal year are projected to remain consistent with prior year due to economic and competitive reasons. It is assumed in this Annual Plan that Resident's Guests will continue to be offered a discount as accompanied guests of La Quinta Resident card holders. The Resident Guest rate represents a 30% discount on the prevailing posted rates and follows similar booking procedures as extended to a La Quinta Resident card holder; booking three (3) days in advance. It is also assumed the overseeding dates will be October 7-November 4, 2013; overseeding reduces revenues, which is taken into consideration in these projections, due to the course being closed during these dates. It is also projected that aerification will occur in August 2013 and June of 2014 which reduces revenue for 3-5 days with each of these two (2) aerification cycles. Greens Fee Mix: Through proper marketing, yield management, and limited advanced Resident bookings the projected mix of green fees is: 30% Resident, 25% Public, 10% Public Twilight, & 35% Other (tournaments, wholesalers, juniors, resident guests, replays and discounts). Miscellaneous and Other Revenue: Based on $3.59 per round. This consists of golf club rentals, golf club repairs, handicap fees, driving range fees, rider fees, 15 % of golf lessons and Independent Contractor's Fees (Teaching Professionals). Golf Shop Merchandise: Based on retail sales of $5.99 per round. Resident Card Fees: Annual Revenues of $135,000 are based on selling 895 La Quinta Resident Cards for the 2013-2014 Fiscal Year. Cost of Goods Sold Merchandise 53 % Food & Beverage 33 % Golf Carts, Bag Room, and Driving Range: Includes outside service, valet, bag room, and driving range staff plus supplies and operating expense for this department. There are M' 148 SILVERROCK RESORT 2013-2014 ANNUAL PLAN no projected employee compensation increases for this department in the 2013-2014 Annual Plan. Golf Shop: Includes golf professionals, merchandising sales staff, receiving staff and golf shop operational expenses. There are no projected employee compensation increases for this department in the 2013-2014 Annual Plan. Employee reimbursement to eligible golf staff members (Director of Golf, Head Golf Professional and Assistant Golf Professionals) has been budgeted and not to exceed $5,890 annually for PGA of America training, education and travel expenses as approved by the Director of Golf / General Manager throughout the 2013-2014 fiscal year. Course Services: Includes course service staff consisting of course rangers/starters and related department supplies and materials. There are no projected employee compensation increases for this department in the 2013-2014 Annual Plan. Golf Course Maintenance: Includes grounds maintenance staff, supplies, and materials. Over seeding dates are projected to be October 7-November 4, 2013, which results in projected higher labor cost and supply costs during the annual overseeding process. There will be areas on the golf course that will continue to not be over -seeded in attempt to reduce costs and conserve water. Golf Course Superintendent education, training and travel expense are included in the 2013-2014 Annual Plan. In addition, Front Entry Landscape Maintenance will continue to be accounted for in this department's operating budget. Water & Electrical: The 2013-2014 Annual Plan includes water and electrical costs to irrigate the golf course and properly maintain the lake system. This is accounted for in the Golf Course Maintenance budget. Annual Electric costs of $179,291 which cover 100 percent of the electric costs including; front entry water falls, golf course pump station, north village lake water falls & circulation pumps, cart storage area and clubhouse will continue to be budgeted in the 2013-2014 Annual Plan. Food & Beverage: Includes food & beverage staff and expenses for the temporary clubhouse. There is a separate Agreement for the Food & Beverage Department includina the Liauor License arrangement between the City and Landmark Golf Management. There are no projected employee compensation increases for this department in the 2013-2014 Annual Plan. Marketing: Includes marketing, public relations, advertising, web page, collateral and tournament sales, etc. Refer to pages 21 & 22 for marketing plan narrative. Clubhouse: Includes clubhouse expenses, maintenance/cleaning staff, landscape maintenance, parking lot and entry drive clean up. Roving patrol expenses used to secure the entire property of SilverRock remains included in this departments operating budget. r, 14'J SILVERROCK RESORT 2013-2014 ANNUAL PLAN Management Fee: The monthly Management Fee of $8,000 per the Golf Course Management Agreement is budgeted for the 2013-2014 fiscal year. This is up from prior year's budgeted amount of $7,500 per month. Insurance: Per requirements of the Golf Course Management Agreement in the Annual Plan is the cost for comprehensive golf club insurance policy, general liability, property, equipment and business interruption etc. GBA: Expenses include GM, Controller & Administrative Assistant salaries, Professional Fees, Payroll Processing Fees, Equipment Expenses, Equipment Rental and Resident Expenses. Personal Property Lease Tax: Exempt, except personal property taxes on equipment purchases or leases which are included in this Annual Plan. Golf Carts Lease: Golf carts are being leased for the Golf Club. The golf carts lease agreement runs through October of 2013. 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The July 2013-June 2014 Marketing Plan is built around an annual Marketing Budget of $239,552. The Marketing Plan includes: advertising and promotions, collateral materials, civic and community networking, public relations, golf/consumer trade shows, and intemet websites and e- mail marketing. ADVERTISING and PROMOTIONS Advertising and promotions are targeted for La Quinta Residents and tourist/resort golfers through advertising and media coverage in local, regional and Southern California golf and travel publications. Advertising consists of local newspaper, golf and travel magazines, regional directories, local television and area radio. Advertising is budgeted at $179,231 for 2013-2014. Newspaper advertising is placed in The Desert Sun with primary emphasis on the sports enthusiasts with weekly "ear ads" appearing on the front page of the Sports Section; ear ads are visible to all readers of the paper. Newspaper advertisement makes up 15% of the Marketing Budget. Special promotions are designed, as needed by season, and placed in various print advertisements. Magazines and directories consist of local and regional magazines, yellow pages and golf -related directories. These ads vary from full page to quarter page ads and are full color. Magazines and directories compose 65% of the advertising budget. Television commercials (30 seconds) are placed on all three (3) local network affiliates (CBS2, KESQ3-ABC, KMIR6-NBC) and Time Warner cable stations. Local radio is used for 30-second spots and specific promotions. TV and radio ads make up 20% of the advertising budget. 21 ae '163 COLLATERAL MATERIALS Rack cards, scorecards, and information packets presenting SilverRock Resort are used as marketing tools for SilverRock Resort. Printed material will be produced, as needed, to promote SilverRock Resort as a former Home Course of the Bob Hope Classic 2008-2011. CIVIC AND COMMUNITY NETWORKING AND TRADESHOWS SilverRock Resort is positioned as a community -friendly golf facility and is committed to developing strong relationships with community organizations such as the La Quinta Chamber of Commerce and various local service organizations. At various venues locally and around Southern California, trade shows and expos are held that provide an opportunity to promote SilverRock Resort. These trade shows and expos are focused on tourism, golf and golf equipment/apparel, recreation, weddings and other related industries and businesses. TOURNAMENTS & GROUP OUTINGS A continued concentrated effort to attract corporate and group outings will be positioned through various networking opportunities. Tournament business represents a large portion of outside play and is vital to SilverRock's success. JUNIOR GOLF SilverRock will continue to support local Junior Golf by offering various Summer Junior Camps, Junior Rates and being a host course for the La Quinta High School Boys Golf Team. INTERNET WEBSITES AND E-MAIL MARKETING A benefit of memberships in selected local Chambers of Commerce and the Convention and Visitors Authority is access to cross -marketing opportunities through website links to SilverRock Resort. E-mail database marketing is targeted to consumer e-mail addresses that are collected daily through comment cards, tee -time bookings, selected websites and the La Quinta Resident renewal process. This e-mail database is used to send e-mail blasts promoting SilverRock Resort and/or to offer specials during slower days of the seasons in an effort to maximize tee sheet utilization. 22 164 ( n 2!2 ��--- .!,`�2 \�§f. |�|22 mm) ��--- �7=||2 ")a k�2 � --- \)E■;n §§ §2 \ ! ! \ } � }( §} \\( \ ) � \ -- -- --- mm S S !;q _ 7 \ � ! k { -- -- --- S @� ;wS ] / a F.M. 22§ { � q@ _ §2 222 .. { f ;m mmm ., |! i a ;@ ! $ . � } !\ ! � k� -# / #\ � )\ ! !« k � � \k \( , } /» ! {k !£ � f !� \ )\; {#(E% !( \{{\{ �k}\/ \\ � ! \/ !!! ! ! ;■ ]�m;; ! { _ Tdr4 XPCt�w CIT A/HA/FA MEETING DATE: April 16, 2013 ITEM TITLE: SilverRock Golf Course Management Agreement with Landmark Golf Management, LLC RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a five-year Golf Course Management Agreement with Landmark Golf Management, LLC. EXECUTIVE SUMMARY: • The current management contract expires on June 30, 2013. • Staff is recommending a new agreement (Attachment 1) that would begin July 1, 2013 and expire June 30, 2018. • A new management fee is also recommended of $96,000 for the first and second years (the current management fee is $90,000 per year) with a 4 percent increase annually for the third, fourth, and fifth years. • The Coachella Valley Water District (CVWD) canal relocation will impact the course design, operations, maintenance, and irrigation system. Landmark is in the best position to assist the City during the canal construction activities and to facilitate a smooth transition to full operation once construction is complete. FISCAL IMPACT: The Landmark management fee has been $90,000 per year since 2004. They are requesting a 6.7 percent increase to $96,000 for the first and second year, with a 4 percent annual increase for the third, fourth, and fifth year of the five-year contract. The management fee is paid from operating revenues. BACKGROUND/ANALYSIS: Since April 2004, Landmark Golf Management has been under contract for the management of SilverRock Golf Course. The Golf Course Management Agreement 166 includes managing the expenses (daily operations) and providing the City with the revenues from the eighteen -hole golf course, driving range, clubhouse, and maintenance facility. Section 3.2.1 of the Agreement provides that the Operator (Landmark) shall submit an Annual Plan to the City Manager with projected revenues and expenses for the upcoming fiscal year. The Annual Plan, including the Management Fee, is then presented to the City Council for review, recommendations, and approval. The Management Fee has been $90,000 annually since the beginning of their Agreement. Landmark is now requesting a Management Fee of $96,000 annually for the first two years and a 4 percent increase for each of the remaining years of the five-year contract. Staff has provided the current Management Agreement Terms and Compensation for other comparable city -owned golf facilities in the Coachella Valley (Attachment 2). On January 5, 2010, City Council extended the Agreement with Landmark for an additional three years to accommodate CVWD's canal relocation project. The rationale for the Landmark extension was to maintain their services because of their working knowledge of the golf course, its construction, irrigation layout, and experience with daily operations. Landmark's knowledge and experience is necessary for the City's portion of the project such as relocating the irrigation system and growing the altered course layout after the canal project is completed. The project will impact the golf operations by requiring a closure of the back nine holes. Even though the back nine will not be available for play, it will still require some amount of daily maintenance and improvements from the canal alteration. The amount of time the back nine will be closed depends on which canal relocation option is chosen. Due to delays beyond the City's control, the canal relocation project was not started during Landmark's contract extension period. CVWD is now scheduling the canal relocation project for the summer of 2014. On December 4, 2012, the City Council authorized staff to enter into negotiations for a new five-year Management Agreement with Landmark. This direction was given because of Landmark's excellent performance in the operation of the golf course, their low management fee, and their knowledge and experience that will be required during the canal relocation project. As directed by the City Council, staff has negotiated this Management Agreement for the SilverRock Golf Course. submitted, Edie Hylton Community S vices Director Attachments: 1. Agreement 2. Comparable Terms and Compensation 1 ATTACHMENT 1 GOLF COURSE MANAGEMENT AGREEMENT BY AND BETWEEN CITY OF LA QUINTA AND LANDMARK GOLF MANAGEMENT, LLC 168 -1- GOLF COURSE MANAGEMENT AGREEMENT THIS GOLF COURSE MANAGEMENT AGREEMENT ("Agreement") is made and entered into this day of , 2013 ("Effective Date") by and between the CITY OF LA QUINTA, a municipal corporation ("City"), and Landmark Golf Management, LLC, a California limited liability company ("Manager"). RECITALS Whereas, the City is responsible for the development and operation of the SilverRock Golf Course, located in the City of La Quinta, California, consisting of an initial 18-hole golf course, a driving range, clubhouse, pro shop, and maintenance facility (collectively, the "Golf Course"); and Whereas, the City desires to utilize the services of Manager to manage the Golf Course operations upon the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Manager hereby agree as follows: 1.0 As used in this Agreement, the following terms shall have the respective meanings indicated below: 1.1 Annual Plan. The Annual Plan is as described in Section 3.2. 1.2 Capital Improvement Fund. The funds to be held by the City pursuant to Section 3.10.1. 1.3 Capital Improvements. Any alteration, addition, improvement, repair, replacement, rebuilding, or renovation to the Golf Course which exceeds a cost of Two Thousand Five Hundred ($2,500.00). 1.4 City, The City of La Quinta, a municipal corporation. 1.5 City Council. The City Council of the City of La Quinta. 1.6 City Manager. The person holding the position of City Manager of the City, or his or her authorized designee, including but not limited to the Project Manager. 1.7 Intentionally Omitted. 1.8 Cost of Sales. All monies expended by Manager for the purchase, of 169 WA consumable items at the Golf Course, including but not limited to food and beverages (including liquor) and Pro Shop merchandise adjusted for beginning inventories, ending inventories, sales returns, and allowance of such items. 1.9 Employee Compensation. The direct salaries and wages paid to or accruing for the benefit of the management staff and all other persons employed by Manager at the Golf Course, together with all fringe benefits payable to or accruing for the benefit of such employees, including employer's contribution under the Federal Insurance Contributions Act ("FICA"), unemployment compensation, or other employment taxes, pension fund contributions, worker's compensation, group life and accident and health insurance premiums, profit sharing, retirement, disability and other similar benefits, as determined by Manager and as set forth in the approved Annual Plan. 1.10 Furnishings and Equipment. All furniture, furnishings, trade fixtures, apparatus and equipment, including without limitation course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, range ball baskets, cash registers, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, china, glassware, silverware, office equipment, computers, copy machines, facsimile machines, telephone systems, and other personal property used in or held in storage for use in the operation of the Golf Course, other than Operating Inventory which is identified in 1.22 Operating Inventory. 1.11 Golf Course Expenses. The total of (a) all expenses specifically identified as "Golf Course Expenses" in this Agreement; and (b) those expenses which if assumed by Manager would be inconsistent with the role of a Golf Course Manager, provided that any such unplanned expense not included in the Annual Plan which exceeds Five Thousand Dollars ($5,000.00) must have prior written approval from the City Manager, and are subject to the expenditure limits set forth in Section 3.2.2. Golf Course Expenses shall not include any expenses of Manager's corporate office, or any services rendered by Manager's corporate offices for or to the Golf Course or the management thereof, or the compensation of any corporate or regional employee of Manager. 1.12 Golf Course Operations and Maintenance Evaluation Form. The form, attached to this Agreement as Exhibit "B", to be used to evaluate Manager's adherence to the Golf Course Operations and Maintenance Standards. 1.13 Golf Course Operations and Maintenance Standards. Those maintenance standards set forth in Exhibit "A" to this Agreement which may be modified from time to time by mutual written agreement of the City Manager and Manager's representative identified in Section 11.1 1.14 Gross Revenues. For the purposes of this Agreement, the term "Gross Revenues" means, except as provided below, all money received as a result of .the, 170 -3- operation of the Golf Course and the sale of goods and services at the Golf Course, determined on an accrual basis in accordance with generally accepted accounting principles consistently applied. By way of example, and without limitation, Gross Revenues shall include all green fees; rental fees for golf carts, golf clubs and bags, and other rental items; bag storage fees; range balls; reservation fees; fees for golf handicap service; rental and concession payments; revenue generated from space rentals and from meetings, banquets, parties, receptions, tournaments, and other group gatherings; golf instruction fees; revenues from golf schools; proceeds from business interruption insurance; and Resident Cards. Gross Revenues shall be reduced by any cash refunds or credits allowed on returns by customers. Gross Revenues shall not include the following: (a) Sales taxes, excise taxes, gross receipts taxes, and other similar taxes now or later imposed upon the sale of food, beverages, merchandise or services and paid to the appropriate taxing authority, whether added to or included in the selling price; (b) Receipts in the form of refunds from, or the value of merchandise, supplies or equipment returned to, shippers, suppliers, or manufacturers; (c) The amount of any gratuities, paid or given by customers to Golf Course employees; (d) Gross receipts received by licensees or concessionaires, except to the extent any portion of such receipts is received by the Golf Course; (a) Proceeds of insurance other than business interruption insurance or similar types of insurance; (f) Receipts from public telephones and vending machines, except to the extent of commissions paid to Manager or City; (g) Proceeds of any borrowings by Manager or City; (h) Any amount received by Manager in connection with any claim, demand, or lawsuit, except when such amount is for (i) interruption or loss of Golf Course business, or (ii) punitive damages relating to conduct occurring at the Golf Course; and (i) Any additional funds provided'by the City for, or paid by the City for, any Golf Course purpose. 1.15 Impositions. All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license.f"es, 1 71 -4- permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or. imposed on the Golf Course or the operation of the Golf Course. 1.16 Index. The Consumer Price Index for All Urban Consumers for Los Angeles - Anaheim - Riverside (1982-94 equals 100) as published by the United States Department of Labor, Bureau of Labor Statistics. 1.17 Insurance Requirements. All requirements of each insurance policy, and all orders, rules, regulations and other requirements of the City and of National Board of Fire Underwriters (or any other body exercising similar functions), applicable to the Golf Course or the operation of the Golf Course. 1.18 La Quinta Resident. Residency is determined by a person's primary residence according to the California Vehicle Code, Section 1205 or proof of ownership of a residential dwelling in La Quinta as supported by a Riverside County Tax Assessor record, as defined in Resolution 2004-137 adopted by La Quinta City Council on November 16, 2004. 1.19 Legal Requirements. All laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of governments and governmental authorities, which now or hereafter may be applicable to the Golf Course or the operation of the Golf Course. 1.20 Manager. Landmark Golf Management, LLC, a California limited liability corporation. 1.21 Notice of Golf Course Deficiency. The form attached to this Agreement as Exhibit "C" to be used to notify Manager of Deficiency Items (as that term is defined in Section 3.8.1). 1.22 Operating Inventory. Consumable items used in or held in storage for use in the operation of the Golf Course, including scorecards and cart tickets, driving range balls, golf pro shop merchandise, food and beverage inventory, kitchen supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items all of which shall be deemed the property of the City at all times and under all circumstances. , 1.23 Operating Year. An Operating Year shall be a twelve (12) month period during the term of this Agreement commencing on July 1 and continuing through and including the following June 30. 1.24 Project Manager. The individual designated by the City Manager to serve as the "Project Manager" pursuant to Section 1 1.1, or his or her authorized designee. -5- r 17 1.25 Weekends. The period commencing at 12:01 a.m. Friday and ending at 11:59 p.m. on Sunday. 2.0 TERM OF AGREEMENT 2.1 Effective Date; Term. City is contracting with Manager, pursuant to this Agreement, for provision by Manager of Golf Course management services. This Agreement shall be effective on the Effective Date set forth in the preamble and shall be the beginning of the "Management Term" set forth in Section 2.2. 2.2 Management Term. The Management Term shall commence July 1 upon the issuance of a "Notice to Proceed" by City Manager to Manager. The Management Term and this Agreement shall end on the date that is the fifth (5t') anniversary (June 30) of the Management Term Commencement Date provided, however, the Management Term may be terminated by the City, in its sole discretion, without penalty or cause at the end of the third year of the Management Term if such earlier termination is deemed necessary in the reasonable opinion of Bond Counsel to maintain the tax exempt status of municipal bonds issued to fund a portion of the Golf Course pursuant to Section 1.141-3(b)(4) of the Regulations promulgated pursuant to the Internal Revenue Code of 1986, as amended, Revenue Proclamation 97-13, Revenue Proclamation 2001-31 and other relevant statutes, regulations and proclamations. 3.0 GOLF COURSE OPERATIONS AND MANAGEMENT 3.1 Management of the Golf Course by Manager. City hereby contracts with Manager, during the Management Term, to manage and operate the Golf Course pursuant to the terms of this Agreement, and Manager agrees it shall manage and operate the Golf Course in such manner. Subject to the terms of this Agreement, Manager shall have authority and responsibility to: (a) implement the policies and standards for the Golf Course as determined by the City; (b) manage and supervise all day-to-day operations of the Golf Course including starting, course marshals, pro shop, building and course maintenance, security, cart rental, driving range, food and beverage service, golf instruction, and administration/management; (c) subject to Section 3.5.2, set, from time to time, fees and charges for other uses and items charged to Golf Course customers, provided that such fees and charges shall be competitive with fees and charges imposed or charged by comparable golf courses in The Coachella Valley; (d) hire, train, and supervise all employees required to carry out Manager's responsibilities, including without limitation the General Manager and Golf Course Superintendent; (a) acquire all goods and services necessary to carry out Manager's responsibilities; (f) acquire all necessary licenses and permits for the operation of the Golf Course including related to food preparation and alcoholic beverages; (g) manage all course reservations, tee times, and tournaments; (h) manage all marketing and promotional activities and customer service relations; (i) manage accounting and payroll procedures and functions; and (j) prepare such annual and other plans and reports as set forth in this Agreement. -6- 17 City agrees it shall cooperate with Manager to permit and assist Manager to carry out its duties under this Agreement. 3.2 Annual Plan. 3.2.1 Preparation and Approval. Manager shall submit to the City Manager, annually on or before April 1 of each year, the Annual Plan for the Golf Course for the next Operating Year ("Annual Plan"). The Annual Plan shall include a monthly operating budget containing bona fide good faith estimates of all Golf Course Expenses for the next Operating Year, including expenditures for (a) property operation and maintenance, (b) repairs, replacements, and alterations which do not constitute Capital Improvements, (c) Furnishings and Equipment and Operating Inventory, (d) salaries, and (e) advertising, sales, and business promotion. The Annual Plan shall also include the course maintenance plan and the marketing and business plan for the Golf Course for the next Operating Year. The parties agree that they shall use their best efforts to limit the increase in total Golf Course Expenses during the term of this Agreement to the increase in the Index. Any increase in excess of the increase in the Index shall be thoroughly documented in the Annual Plan. The parties understand that, as provided in Section 3.10 of this Agreement, recommendations and budgets for Capital Improvements will be treated separately and will not form part of the Annual Plan. The Annual Plan shall be subject to the prior written approval of the City Council. The Project Manager and City Manageragree to examine each Annual Plan submitted by Manager and to work with Manager to develop an Annual Plan that can be forwarded to the City Council with a positive recommendation from the Project Manager and City Manager; provided, however, that Manager is not required to obtain the approval of the Project Manager and City Manager before submitting the Annual Plan to the City Council. It is contemplated by the parties that the Annual Plan will be agreed upon by Manager and City Council not later than sixty (60) days following delivery of the Annual Plan by Manager to the City Council. If the City Council fails to either approve the Annual Plan within said 60-day period or to advise Manager in writing of its objections to the Annual Plan within such period, then the City Council shall be deemed to have disapproved the Annual Plan as submitted. In the event that the City Council fails to approve the Annual Plan, pending the resolution of such dispute, Manager shall continue to manage and operate the Golf Course in accordance with the standards set forth in this Agreement at a level of expenditures comparable to those of the preceding Annual Plan multiplied by the Index percentage. This Index Percentage shall apply to actual Golf Course Expenses, and shall neither include any expenditure not authorized as a Golf Course Expense pursuant to this Agreement nor the Management Fee. itI 117 3.2.2 Compliance. Manager shall comply with the applicable Annual Plan. Without the prior written consent of City Manager (which consent shall not be unreasonably withheld), the actual amount expended per any calendar quarter for Golf Course Expenses shall not be greater than ten percent (10%) higher than the amount budgeted for that calendar quarter in the Annual Plan. Any expenditure made by City and/or Manager Golf Course Expenses in excess of 110% of the amount budgeted for that calendar quarter in the Annual Plan shall constitute a material breach of this Agreement by Manager unless prior approved by the City Manager. In addition, and as a separate material obligation, without the prior written consent of City Manager (which consent shall not be unreasonably withheld), the actual amount expended per any fiscal year for Golf Course Expenses shall not be greater than two percent (2%) higher than the amount budgeted for that fiscal year in the Annual Plan. Any expenditure made on Golf Course Expenses in excess of 102% of the amount budgeted for that fiscal year in the Annual Plan shall constitute a material breach of this Agreement by Manager unless prior approved by the City Manager. Notwithstanding the foregoing sentence, Manager shall be entitled to make additional expenditures not authorized under the then applicable Annual Plan in the event of an emergency or in order to comply with any applicable Insurance Requirements or Legal Requirements. 3.2.3 Monthly Review of Monthly Financial Report (P&L►. The City Manager or designee and the General Manager of the Golf Course shall meet and discuss the operating results of the P&L. Manager shall provide, in writing, an explanation for variances from the approved Annual Plan by revenue and expense categories of at least One Thousand Dollars ($1,000) and that are greater than Ten Percent (10%) of the budgeted amount. Neither City nor Manager shall be under legal obligation to approve any modifications to the Annual Plan. Any material amendments or revisions to the Annual Plan shall require the prior approval of the City Council. 3.3 Responsibilities of Manager. Without in any way limiting Manager's right to manage and operate the Golf Course in accordance with the terms of this Agreement, Manager shall, in addition to other obligations and responsibilities set forth in this Agreement, perform the following services, or cause the same to be performed for the Golf Course, and all expenditures of Manager and costs and expenses incurred by Manager in performing these services, including the "Management Fees" (as defined in Section 4.1) shall be Golf Course Expenses: (a1 consummate arrangements with concessionaires, licensees, tenants, or other intended users of the Golf Course; (b) enter into such contracts for the furnishing of utilities and maintenance and other services to the Golf Course, subject to Section 3.6; -8- 175 (c) make all repairs, decorations, replacements, additions, revisions, alterations and improvements to the Golf Course as shall be reasonably necessary for maintenance of the Golf Course in good order, condition and repair, subject to the terms of this Agreement; (d) incur such expenses as shall be necessary for the proper operation and maintenance of the Golf Course, including without limitation rental expenses for leased Furnishings and Equipment pursuant to the Golf Course Maintenance Standards; (e) assist the City in determining and obtaining the Inventory for Golf Pro Shop and then maintain a level of Operating Inventory deemed appropriate by Manager for supplying the needs of the Golf Course and its customers; (f) apply for, and use its best efforts to obtain and maintain, all licenses and permits required of Manager in connection with the . operation and management of the Golf Course; and City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise , cooperate, in all reasonable respects, with Manager in the application for, and obtaining and maintenance of, such licenses and permits; (g) use its best efforts to do, or cause to be done, all such acts and things in and about the Golf Course as shall be reasonably necessary to comply with all Insurance Requirements and Legal Requirements; (h) pay all Impositions (including but not limited to any sales and/or use tax resulting from the performance of Manager consistent with this Agreement) and insurance premiums when due; (i) implement a marketing, advertising, and promotional plan for the Golf Course; (j) purchase Furnishings and Equipment necessary to operate and maintain the Golf Course in the manner provided in this Agreement; (k1 maintain the landscaping within the boundaries of the Golf Course; and (1) defend and settle claims, lawsuits, and demands relating to the Golf Course and Golf Course personnel (as further provided in and subject to Section 3.12 below), and retain legal counsel (and pay legal fees and costs) who under the direction of Manager will represent City, Manager, and the Golf Course on all questions relating to Legal Requirements, will defend any claims or actions brought against Manager or City relating to the Golf Course or Golf Course personnel, and will institute and defend any and all legal actions or proceedings as shall be reasonably necessary to collect charges, -9- a ^ 1 7 cl rent or other income for the Golf Course to dispossess tenants or other persons in possession from all or any portion of the Golf Course, to "cancel or terminate. any lease, license or concession agreement on the grounds of default by the tenant, licensee, or concessionaire, or to contest property taxes. Manager shall notify City of any claims or a lawsuits relating to the Golf Course within three (3) business days after Manager receives notice of such claims or lawsuits. Any legal fees paid by Manager and charged as a Golf Course Expense shall be for legal services directly related to the Golf Course and shall not include any Manager corporate overhead or administrative fee or charge. The City Manager shall have the right to pre - approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. Manager shall neither settle nor otherwise resolve any claims or lawsuits without the prior written approval of the City Manager. 3.4 Personnel. 3.4.1 General. Subject to Section 3.4.4, Manager shall employ all of the employees of the Golf Course. Manager shall recruit, hire, train, discharge, promote and supervise the management staff of the Golf Course (i.e., the General Manager, the Golf Course Superintendent, and other key personnel), and Manager shall supervise through the management staff the recruiting, hiring, training, discharge, promotion and work of all other employees of the Golf Course. All employees of the Golf Course shall be bonded, as determined necessary by the City, and properly qualified for their positions. The employee compensation of the management staff and all other Golf Course employees shall be a Golf Course Expense. 3.4.2 Pension and Benefit Plans. Manager shall have the right to provide eligible employees of the Golf Course with pensions and other employee retirement benefits and disability, health and welfare benefits, and other benefit plans now or hereafter available to employees of other golf courses and country clubs operated by Manager, and the allocable share, as set forth in the Annual Plan, of such employee benefits shall be a Golf Course Expense. 3.4.3 Temporary Assignment of Other Manager Personnel. If the position of General Manager, Golf Course Superintendent, or other key management positions of the Golf Course are not filled for whatever reason, Manager may temporarily assign to these positions the staff of other golf courses and country clubs operated by Manager or other qualified Manager staff; provided, however, that said temporary assignment shall not exceed ninety (90) days without the written approval of the City Manager. During such time as these employees are temporarily assigned to the Golf Course, all such employees will be paid their regular Employee Compensation, and the pro-rata share of such Employees' Compensation equal to the actual tjme : 17 -10- a' such employees worked at the Golf Course shall be a Golf Course Expense. 3.4.4 Management Staff. The General Manager of the Golf Course shall be responsible for the day to day management and operation of the Golf Course. The name and telephone number (both personal and business) of the General Manager shall be provided, in writing, to the City Manager and shall be current at all times. The General Manager shall be reasonably available during normal working hours to meet with the City Manager. After normal working hours, the General Manager shall be reasonably available to appear at the Golf Course if deemed necessary by the City Manager. The Golf Course Superintendent for the Golf Course shall be certified by the Golf Course Superintendents Association of America. However, the City Manager shall have the right to waive the certification requirements on a case -by -case basis and allow the selection of a qualified superintendent that may not yet be certified. The General Manager shall be a current Class "A" member in good standing of the Professional Golf Association America or the Ladies Professional Golf Association. The City Manager shall have the right to approve the individuals who Manager intends to hire to fill the positions of General Manager and Golf Course Superintendent(regardless of the titles given for such positions by Manager), which approval shall not be unreasonably withheld. 3.5 Specific Operating Procedures. In addition to the more general responsibilities of Manager as manager of the Golf Course as provided in this Article 3.0, Manager shall operate and manage the Golf Course in accordance with the following operating procedures consistent with the approved Annual Plan. 3.5.1 Golf Course Hours of Operation. Except upon the occurrence of the events described in Article 10.0 of this Agreement, the Golf Course shall be operated on a daily basis all year and shall not be closed on holidays. The Golf Course shall be kept open during all hours necessary to adequately serve the public utilizing the Golf Course, except for instances in which scheduled construction and normal maintenance requires temporary closure. The driving range may be open when the Golf Course is closed. The inside food and beverage services of the Golf Course Clubhouse shall be open all year, except as otherwise approved by the City Manager. The permitted hours for food and beverage services in the clubhouse restaurant shall be consistent with similar facilities in the Coachella Valley. 3.5.2 Fees and Charges. 3.5.2.1 Setting of Fees. City Council shall, from time to time, set the amount for fees and charges for greens fees (which shall include use of a golf cart) and the driving range. All other. fees, charges, and prices at the Golf Course, including the Pro Shop and the Clubhouse, shall be set by Manager and shall be comparative and competitive -11- 178 with other first class public golf courses in Riverside County. City shall at all times consult with Manager in setting fees and charges. 3.5.2.2 Resident Green Fee Discount. The City Council has established a "Resident Green Fee Discount," whereby La Quinta residents shall receive a discount on daily play green fees. The City Council shall set the terms and amounts of the resident green fee discount. Manager shall develop all necessary rules and procedures for implementing the Resident Green Fee Discount, which rules and procedures shall be subject to the prior written approval of the City Manager. 3.5.3 Reservation of Golf Rounds. Manager shall establish a system for advance reservations of golf tee times, including a preferential tee time reservation method for residents of the City and guests of hotels/motels/etc. located within the City, as determined by the City Council. 3.5.4 Dress Code. Bathing attire, cut-offs and short shorts, halter tops, tube tops, tank tops, running outfits, and similar types of recreational wear are not considered proper dress on the Golf Course and shall not be permitted. Shirts and shoes shall be worn at all times at the Golf Course. Men's shirts shall have collars and sleeves. This dress code shall apply to all visitors, golfers, and employees, including independent contractors hired by Manager to provide golf instruction, marshalling service, starter service, pro shop or food beverage sales, etc. 3.5.5 Handicap Service. During the Management Term of this Agreement, Manager shall provide at the Golf Course a golf handicap service to both men and women golfers who patronize the Golf Course. The fee charged to golfers by Manager for such handicap service shall be an annual fee and shall not exceed two times the fee charged to the Golf Course by Southern California Golf Association or United States Golf Association, as the case may be, for providing the handicap service. Manager shall not collect annual fees for the handicap service for any annual period that commences after the expiration of the term of this Agreement. The handicap service shall not include as part of its benefits any privileges to use the Golf Course, other than the privileges otherwise available to the general public. 3.5.6 Starter Service and Marshals. Starter services shall be provided and shall include the assignment of tee times and carts and the collection of fees. While the Golf Course is open for play, marshals shall closely monitor and control the speed of play and assist the slower golfers in order to maintain golf play at acceptable levels. 3.5.7 Golf Club Pick -Up. Pick-up and delivery of golf clubs and bags to and from the clubhouse entrance shall be provided when requested by a. Golf 179 -12- �.. . Course customer. There shall be no charge to the Golf Course customers for golf club pickup and delivery. Appropriate Golf Course employees may accept gratuities from customers for such services. 3.5.8 Club Cleaning. Golf club cleaning services shall be provided to golfers immediately upon their completion of golf play. There shall be no charge to the golfers for golf club cleaning services. Appropriate Golf Course employees may accept gratuities from golfers for such services. 3.5.9 Tee Times. The tee times for the Golf Course shall be scheduled at no more than eight (8) tee reservation times per hour. 3.5.10 Playing Pace; Fivesome Play. Manager and City agree that fivesome play should be permitted only in unusual circumstances, but when permitted no more than two (2) fivesomes per hour on the Golf Course shall be allowed. The play of all players, including all fivesomes, shall be closely monitored, and the Golf Course marshals shall enforce playing time requirements to maintain a playing pace that insures eight (8) tee times per hour. 3.5.11 Tournaments. Consecutive tee times, shotgun starting formats, and modified shotgun starting formats shall be acceptable forms of reservations for tournaments. During the appropriate seasons and provided the weather conditions permit such an arrangement, when a full shotgun (use of all 18 holes) starting procedure is used, it shall be timed in such a manner so as to potentially accommodate two (2) full shotguns per day —one in the morning and one in the afternoon. Manager shall take all actions necessary to accommodate a scheduled tournament, including but not limited to course preparation, player scorecards, food service, and other customary services reasonably requested by tournament organizers and appropriate for tournament play. Manager may charge additional fees for unusual or special services. Manager shall notify the City in advance of brooking weekend tournaments. 3.5.12 Golf Pro Shop. The Golf Course Pro Shop shall be open every day at the same hours that the Golf Course is open for play unless otherwise approved in writing by City Manager. Manager may employ merchandise sales personnel to work in the Pro Shop when it is open for business. Manager shall evaluate the necessity of engaging a qualified Merchandise Manager for the Pro Shop who would be responsible for promoting and increasing sales at the Pro Shop, and, if necessary, shall employ such a Merchandise Manager. Merchandise that can reasonably be classified as "stale" or "unsellable" may be marked down. No merchandise shall be sold or otherwise alienated at below its cost of acquisition without the prior written approval of the City Manager. If Manager determines that any aged merchandise in the Pro Shop should not be sold, whether on a discounted -13- .It . t8o basis or otherwise, because of the reputation or image of the Pro Shop, then with the City Manager's approval Manager may purchase with its own funds (and not from the Golf Course Accounts) such merchandise at cost for purposes of selling such merchandise at other golf courses operated by Manager. Space shall be provided in the Pro Shop for merchandise that City may develop as part.of its marketing and public relations programs, including but not limited to such items as t-shirts, polo shirts, sun visors, license plate frames, coffee cups, and golf balls. Manager shall perform quarterly inventories of the Pro Shop operating inventory. 3.5.13 Golf Instruction. Manager shall either employ or shall retain as independent contractors golf instructors to provide golf lessons and golf instruction at the Golf Course. All golf instructors must be certified PGA or LPGA golf professionals or apprentices. All golf instruction fees are deemed Gross Revenues and shall be handled as a cash register transaction and reported in the same manner as green fees. Manager shall develop a golf instructional program that will offer individual and group lessons, video instruction, golf clinics, junior golf clinics, and golf schools. A golf professional shall only be allowed to conduct golf lessons at the Golf Course if he or she has first obtained the approval to do so by Manager. 3.5.14 Golf Driving Range. The driving range shall be open during hours of Golf Course operation. Driving range balls shall be of the highest quality, and all cracked and worn range balls shall be removed daily. A fee shall be charged for use of the driving range; provided, however, that at Manager's discretion, a certain amount of driving range balls as determined by Manager may be provided at no additional cost to those golfers who have paid green fees on that day or have purchased instructional lessons. 3.5.15 Golf Club Rentals. Quality rental golf clubs, both left-handed and right-handed, and bags shall be available for rental to customers of the Golf Course at a fee to be determined from time to time by Manager. 3.5.16 Golf Carts. Golf carts shall be provided to all golfers on the Golf Course as part of the green fee. Use of the golf cart by the golfer(s) shall be optional but may be required by Manager or designee if, on a particular day or during part of a particular day, use of golf carts is necessary to maintain satisfactory playing pace or for reasons of safety or other reasons related to the quality of play and maintenance of the Golf Course. Manager shall not permit the use of private golf carts on the Golf Course. Manager shall provide a sufficient number of electrically -powered golf carts to accommodate players. Golf carts shall be new when purchased or leased and shall be manufactured by a reputable firm. Manager shall use GPS systems on the Golf Course, and incorporating such technology as a feature on the golf cart. The entire golf cart fleet shall be replaced with new units at least every five (5) years. A three-year replacement may be appropriate with 181 -14- a three-year lease agreement. All golf carts shall be 4-wheel vehicles, and shall be equipped with canopies, sand and seed containers, and holders. At the election of the City Manager, Manager shall either (a) employ a full time on -site mechanic who is qualified to repair and maintain the golf carts, or (b) enter into an agreement (with a term not to exceed one (1) year) with a qualified independent golf cart service company approved by the City Manager, provided that in either event the. golf carts shall be properly maintained and in sufficient operational condition to assure the full and unhindered availability of the golf course. An ADA compliant golf cart must be available to eligible golfers within 48 hours notice. 3.5.17 Food and Beverage Operations. The Golf Course shall include a restaurant located in the clubhouse, 'beverage cart service, and a snack bar which shall be operated in accordance with specifications promulgated by the City. Temporary fixed food stands shall not be installed on the Golf Course except for special events. Manager shall provide a staffed food service and beverage cart for the service of players on the Golf Course during peak hours of operation. Manager shall comply with all requirements of state and local law governing the sale and distribution of alcoholic beverages. Manager shall obtain and maintain all permits from all governmental agencies having jurisdiction for all food and beverage operations at the Golf Course. Manager shall comply with all health law and regulations as existing or as may be established by the federal, state, county, and city governmental agencies. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Course. Manager, for all food and beverage employees, shall comply with all applicable codes and regulations as relates to tuberculosis and other health and disease testing as now or hereafter required by applicable law. Prices of food and beverages sold at the Golf Course shall be market rate and competitive with prices charged at comparable first class public golf courses in the Coachella Valley. 3.5.18 Office Operations. Manager shall employ sufficient administrative staff at the Golf Course to permit Manager to competently perform Manager's obligations under this Agreement. Upon City's written request, Manager shall provide the City Manager with a written job description for each management position at the Golf Course. The City Manager shall keep these job descriptions in strict confidence, subject to applicable public records disclosure laws. Manager shall maintain at the Golf Course copies of all Manager corporate policies and procedures, as such may be changed from time to time. Manager shall provide the City with the most recent.version of the manager's policies and procedures. 3.5.19 Safety and Security. The Golf Course shall comply with all safety 82 -15 regulations of federal, state, and local governmental agencies, including without limitation any requirements imposed by California Labor Code Section 6300 et seq, and regulations promulgated with respect thereto, and applicable federal occupational, health, and safety laws and regulations. Manager shall take all reasonable actions to protect the safety of all Golf Course employees and customers. All employees with access to cash receipts shall be bonded pursuant to standards prescribed by the Finance Director. The Golf Course shall maintain appropriate security systems, including video monitoring of cash operations, security alarm systems, motion detection sensors for after-hours control, and locks for the maintenance yard and perimeter gates. The alarm system at the Golf Course shall be tied into an offsite monitoring station. Manager shall keep for thirty (30) days computer recordings for all accounts payable and accounts receivable information. All records at the Golf Course shall be kept in fireproof files. 3.5.20 Customer Evaluation Forms. Forms shall be available to customers of the Golf Course to present their comments or complaints regarding the Golf Course. Completed forms shall be collected on weekly basis and retained by Manager at the Golf Course for not less than one (1) year and made available to City upon request. 3.5.21 Scorecards. Manager shall provide scorecards printed specifically for the Golf Course. The scorecards shall carry the name (and logo) of the Golf Course as directed by the City pursuant to Article 6.0. The scorecards shall, at Manager's option, also include wording stating that the Golf Course is managed by Manager. 3.5.22 Junior Golf Program. Manager shall plan, implement, and supervise a "Junior Golf Program" for elementary school, middle school, junior high school, and high school aged La Quinta residents (i.e., high school -aged and below). The purpose of the Junior Golf Program is to encourage participation in golf, teach golfing skills and course etiquette, and promote competition and sportsmanship. The program shall include incentives for encouraging participation such as non -peak time green fee discounts, free clinics, discounts on golf lessons, use of the facility for La Quinta High School golf team practice/matches, etc. Manager shall incorporate the parameters of the Junior Golf Program as part of the Annual Plan. I 3.6 Contracts and Agreements. All Teases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party and approved, as to form, -16 183 content, and vendor, by the City. Payments for all approved leases, financing agreements, contracts and otherwise (the "Assumed Agreements") are defined Golf Course Expenses. City agrees, upon expiration or termination of this Agreement, to assume all such agreements it has so approved. In the event that Manager has defaulted on its obligations under any such agreements City shall not be responsible for any scheduled payments due and owing before the termination or expiration of this Agreement and shall only be responsible for any scheduled payments due and owing after the date this Agreement is terminated or expires. 3.7 Alterations to Buildings. Manager shall not make any substantial alterations, additions, or changes to the clubhouse, golf pro shop, maintenance building, or other buildings located at the Golf Course, without the prior consent of the City Manager. 3.8 Operations and Maintenance Standards. The parties acknowledge and agree that the Golf Course shall be operated and maintained as a first class golf course. As used herein, "first class golf course" shall mean a golf course comparable to the following golf courses in the Coachella Valley, as they existed on the Effective Date of this Agreement: Westin Mission Hills, Desert Willow, Indian Wells Resort, La Quinta Resort, and PGA West Courses. In addition to all other responsibilities of Manager under this Agreement, Manager agrees that at all times during the term of this Agreement; the Golf Course shall be operated and maintained in accordance with the standards set forth in the Golf Course Operations and Maintenance Standards consistent with the approved Annual Plan. Manager's failure, as measured by the process set forth in sections 3.8.1-3.8.2, to maintain the Golf Course in a manner consistent with this Section shall construe a material breach of this Agreement. 3.8.1 City Inspection and Evaluation. Each month during the term of this Agreement, the City Manager or Agent of the City Manager shall inspect the Golf Course for purposes of compliance with the Golf Course Operations and Maintenance Standards and this Section 3.8. In conducting such inspection and evaluation, the City Manager (or Agent) shall complete the Golf Course Operations and Maintenance Evaluation Form and shall promptly thereafter provide Manager a copy of the completed form or applicable portion thereof. City agrees that the City Manager (or Agent) shall act reasonably and in good faith in making the determination of whether the Golf Course Operations and Maintenance Standards, or applicable portion thereof, have been met. As set forth in Exhibit "B", the Golf Course Operations and Maintenance components shall be rated as "Acceptable, "Needs Improvement," and "Unacceptable." An overall rating using the same scale shall also be determined on a monthly basis. Notwithstanding Manager's obligation to correct Deficiency Items as set forth below and subject to Section 3.8.2 below, Manager shall be in compliance with the Golf Course Operations and Maintenance Standards unless an overall rating is determined to be "Unacceptable." The City Manager's rating of an item as -17- 0 184 "Unacceptable" or "Needs Improvement" shall, upon Manager's receipt of the Golf Course Operations and Maintenance Evaluation Form, constitute a Notice of Golf Course Deficiency with respect to the deficient item(s). Within one (1) week after receipt of the Golf Course Operations and Maintenance Evaluation Form, the City Manager and General Manager of the Golf Course, and the Golf Course Superintendent if necessary, shall meet to review the Deficiency Item(s), including the corrective actions, Manager intends to take to correct the Deficiency Item(s). Within three (3) working days thereafter, Manager shall complete the "Statement ofCorrective Action" detailing the steps it intends to take to correct each Deficiency Item and the time schedule for completion of corrective action and submit the Statement of Corrective Action to the City Manager for written approval. Unless the City Manager states in writing otherwise, all deficiencies shall be corrected within seven (7) working days of the issuance of the Statement of Corrective Action, or if no Statement of Corrective Action is issued or approved by the City Manager, then ten (10) working days from the meeting described above. When a Deficient Item has been satisfactorily corrected in the judgment of the City Manager, the City Manager and the general manager of the Golf Course shall each sign the Notice acknowledging completion of the corrective action. The cost for correcting any Deficiency Item shall be a Golf Course Expense subject tothe expenditure limitations set forth in Section 3.2.2. 3.8.2 Results of Manager's Failure to Take Corrective Action. Except as provided in Section 3.8.3 below, if Manager obtains an overall rating of "Unacceptable," or fails to take action to timely correct any Deficiency Item(s), the following shall occur: (a) If there are two (2) consecutive months in which the Golf Course Operations and Maintenance Evaluation Form indicates that Manager's management of the Golf Course has obtained an overall rating of "Unacceptable," the City shall be entitled to deduct from the Performance Evaluation Deposit described in Section 4.1.1, the amount of Five Thousand Dollars ($5000) per month, and such deduction amount shall be retroactive to the first (1s`) of the two (2) consecutive months and shall continue until Manager's management of the Golf Course achieves an overall rating of "Acceptable" as indicated on the Golf Course Maintenance Evaluation Form. In addition, any failure to achieve an overall rating of "Acceptable" for (i) any four (4) months within any single operating year, or (ii) any three (3) consecutive months, shall be considered a material breach of this Agreement entitling City to terminate this Agreement regardless of the deductions that have been made from the Performance Evaluation Deposit. (b) City shall further be entitled to deduct from the Performance 85 -18- ,.n. ' '. Evaluation the amount of Two Thousand Dollars ($2,000) per month for each Deficiency Item that is not timely corrected. Such deduction shall be imposed as of the date the Deficiency Item was to have been corrected and shall continue each month thereafter until such Deficiency Item has been corrected as indicated by the signature of the City Manager and General Manager of the Golf Course on the Notice of Golf Course Deficiency as described Section 3.8.1. The deductions provided for in this Section 3.8.2 shall not be a Golf Course Expense. 3.8.3 Exclusions from Imposition of Deductions. The following items shall be considered exclusions for the purpose of determining whether there have been two (2) consecutive months with overall ratings of "Unacceptable" and for the purpose of determining whether an outstanding Deficiency Item has been timely corrected: (a) any outstanding Deficiency Item that Manager is diligently and timely correcting in accordance with the time schedule jointly agreed to by the City Manager and the General Manager of the Golf Course as provided in Section 3.8.1; (b)any Deficiency Item in which the correction is considered a Capital Improvement but only if and to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Deficiency Item from occurring; (c) any Deficiency Item that Manager is unable to correct because of the occurrence of a "Force Majeure Event" (as defined in Section 10.3 of this Agreement) but only to the extent Manager, in light of its expertise and experience as a manager of first class golf courses, could not have taken reasonable measures to prevent or mitigate the Force Majeure Event; and (d) any Deficiency Item that Manager is unable to correct due to City's failure to provide sufficient funds to effect such correction in the Annual Plan, provided, however, the City shall be under no obligation to amend the Annual Plan. 3.8.4 Acknowledgement of Parties Concerning Deductions. THE PARTIES HERETO AGREE THAT THE $2,000.00 PER MONTH AND $5,000.00 PER MONTH DEDUCTIONS FROM THE PERFORMANCE EVALUATION DEPOSIT REFERENCED ABOVE CONSTITUTE A REASONABLE APPROXIMATION OF THE ACTUAL DAMAGES THAT THE CITY WOULD SUFFER DUE TO A FAILURE BY MANAGER TO ADHERE TO THE REQUIRED PERFORMANCE LEVEL, CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE CHARGES TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE AUTHORITY OF THE CITY TO EFFECT SUCH DEDUCTIONS SHALL NOT LIMIT THE CITY'S TERMINATION RIGHTS AS SET FORTH IN THIS AGREEMENT. IN PLACING ITS INITIALS AT THE PLACES PROVIDED 1�6 -19- _„ 1 HEREIN BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO HAS EXPLAINED THE CONSEQUENCES OF THE DEDUCTION PROVISIONS AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT. MANAGER CITY 3.8.5 Performance Evaluation Deposit. Not later than commencement of the Management Term, and as a condition to commencement of the Management Term, Manager shall deposit with City in cash the sum of Twenty -Five Thousand Dollars ($25,000) as security for the performance of Manager's obligations pursuant to this Section 3.8 ("Performance Evaluation Deposit"). The Performance Evaluation Deposit shall not be a Golf Course Expense. In the event of failure of Manager to timely correct Deficiency Items as provided in this Section 3.8, the City Manager shall have the authority to deduct from the Performance Evaluation Deposit the amounts set forth in Section 3.8.2. In the event City is required to make deductions from the Performance Evaluation Deposit, Manager shall promptly, upon written request therefor by City, submit such additional cash amounts to City as is required in order to maintain the Performance Evaluation Deposit at the Twenty -Five Thousand Dollar ($25,000) level. 3.9 Manager Purchases. In connection with any purchases made by Manager, or any related entity or person, for the account of City, it is understood that Manager may perform services as a representative of the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed on to City, including representatives' fees. In addition, all trade discounts, rebates and refunds pertaining directly or indirectly to purchases for the Golf Course shall accrue to the benefit of City. All property, real, personal, or otherwise, so purchased by Manager shall be the property of the City. 3.10 Capital Improvements. 3.10.1 Capital Improvement Funds. City shall deposit monthly from the Golf Course Accounts an amount equal to two percent (2%) ("Capital Improvement Fund Percentage") of that portion of the Gross Revenues for the previous month attributed to green fees ("Capital Improvement Funds"). City shall establish and maintain a separate reserve account for the Capital Improvement Funds and these Capital Improvement Funds shall be used for the purposes described in this Agreement. The parties hereby acknowledge and agree that the Capital Improvement Funds shall belong to City, and City shall have complete control over the Capital Improvement Funds. The parties hereby agree that prior to each Operating Year, in connection with the preparation and approval of the "Capital Improvement Plan" as described 187 -20- in Section 3.10.2 below, the parties shall discuss whether the Capital Improvement Fund Percentage should be changed. Any decision to change the Capital Improvement Fund Percentage shall be in the sole discretion of City Manager, and in making such decision City Manager shall consider such factors as the amount of Capital Improvement Funds currently available and the projected capital improvement requirements of the Golf Course. In no event, however, shall the Capital Improvement Fund Percentage be increased in excess of two percent (2%) except with the written approval of the City Council. 3.10.2 Capital Improvement Plans. During the Management Term, Manager shall submit on or before April 1 of each year, a "Capital Improvement Plan" for the Golf Course for the next' Operating Year, which shall include Manager's recommendation of Capital Improvement projects for the next. Operating Year, estimated costs of such Capital Improvement projects. 3.10.3 Implementation of Capital Improvement Projects. The parties acknowledge and agree that all Capital Improvement projects are in City's sole control and discretion, and all costs and expenses of Capital Improvement projects shall be paid from the Capital Improvement Funds or from other City funds. The costs and expenses of Capital Improvement projects shall not be considered Golf Course Expenses. The parties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of Manager with respect to any aspect of a Capital Improvement project, including design, construction or supervision. In the event City desires Manager to be involved in any capacity in a Capital Improvement project, the City Manager shall be authorized to enter into a separate agreement with Manager setting forth the terms and conditions of such involvement, including without limitation fees to be received by Manager for such involvement. 3.11 Insurance During Management Term. 3.11.1 Coverage. Manager agrees to procure and maintain, during the Management Term, as a Golf Course Expense, at a minimum the following insurance: (a) insurance on the contents of the buildings located at the Golf Course and other personal property located at the Golf Course which contents and personal property are owned or leased by Manager, against loss or damage by fire, lightning and/or any other perils insurable under the form of "all risk" coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism and malicious mischief, if available), in an amount not less than the lesser of (i) the actual replacement cost of the contents and personal property, or (ii) Five Million Dollars ($5,000,000.00), 188 -21 ..is provided, however, the parties may agree in writing to such other minimum amount. City shall be named as a loss payee. The parties agree that Manager shall not be responsible for procuring or maintaining "all risk" insurance coverage on the buildings, structures, or other improvements located at the Golf Course and the contents and personal property owned by City, and City shall either procure or maintain such insurance coverage or shall self -insure for such risks. (b) business interruption insurance, in an amount equal to the . annual value of lost business, as determined by the City and Manager, and as required by or pursuant to any "City Financing" (as that term is defined in Section 11.21), covering actual losses sustained due to (i) fire, lightning, and other perils insurable under the form of "all risk" coverage then available (including specifically irrigation and/or sprinkler system leakage damage, vandalism, and malicious mischief, if available) or (ii) the routine or extraordinary maintenance of, or any failure of, any pipes or facilities located above or beneath the surface of the Golf Course.. City shall be named as a loss payee to the extent . of the City's interests under this Agreement which interests include, without limitation, the Financing. (c) comprehensive public liability insurance, including without limitation bodily injury, personal injury, property damage, products liability, contractual liability covering the provisions of this Agreement, and liquor liability, in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City, and its officers, officials, employees, agents, representatives, and volunteers (collectively, "City Personnel"), shall be named as an additional insureds. (d) automobile liability and garage keeper's liability. insurance in an amount not less than Ten Million Dollars ($10,000,000.00) single limit per occurrence. City and City Personnel shall be named as additional insureds. (a) workers compensation insurance covering all Golf Course employees who are Manager'semployees in an amount as required by law, and employer's liability insurance in an amount not less than One Million Dollars ($1,000,000.00) or as required by law covering all Golf Course employees who are Manager's employees. Manager shall have the right to increase (but not to decrease without the prior written consent of the City Manager) the minimum amount of any insurance to be maintained by Manager with respect to the Golf Course under this Section in order to make such coverage comparable to the amount of insurance carried with respect to other golf courses and country clubs -22- 189 operated by Manager, taking into account the size, character and location of the Golf Course. The types of insurance and the coverage amounts specified in this Section are the requirements of City in connection with the operation of the Golf Course. City acknowledges and understands that Manager has made no representations or warranties that such insurance is adequate to protect City. Any losses, damages, liability, or expenses that are not required to be covered by any of the insurance specified in this Section shall be a Golf Course Expense. In its sole discretion, City may elect to procure and maintain at one or more times and from time to time, some or all of the policies of insurance set forth in subparagraphs (a), (b), (c), and (d) above that Manager is required to procure and maintain, and in such case City shall notify Manager in writing (i) that Manager is temporarily relieved from the obligation of procuring and maintaining the policy(ies) of insurance specified by City in its written notice to Manager, and (ii) of the period of time during which Manager's obligation to procure and maintain the policy(ies) specified in City's written notice is suspended. 3.1 1.2 Policies and Endorsements. 3.11.2.1 Policies. All insurance coverages required under this Section 3.1 1, shall be secured through policies issued by insurance companies of good reputation and of sound and adequate financial responsibility having a general policy holder's rating of not less than "A" and a financial rating of not less than Class VIII in the most current edition of Best's Rating Guide, unless such requirements are waived in writing by the City Manager. Such insurance companies shall be qualified to do business and in good standing in California. Prior to the Effective Date, Manager shall deliver to City certificates of insurance with respect to all of the policies of insurance required to be procured and maintained by Manager pursuant to this Section 3.11, and the City Manager shall have approved such certificates of insurance. In the case of insurance about to expire, Manager shall deliver to the City Manager certificates of insurance with respect to renewal policies not less than thirty (30) days prior to the respective dates of expiration. All certificates of insurance shall be signed by a person authorized by the insurance company to bind coverage on its behalf. In the event any subcontractors perform work for Manager under this Agreement, Manager shall include such subcontractors as insureds under the policies of insurance to be maintained by Manager pursuant to this Section 3.11, or in the alternative, Manager shall obtain from such subcontractors separate certificates of insurance that satisfy the requirements of this Section 3.11 unless otherwise waived by the City Manager. Neither the procuring of insurance by Manager pursuant to this Section 3.1 1, nor the delivery by Manager to City of certificates of insurance evidencing such insurance coverages, shall be construed as a limitation of Manager's indemnity obligations under Section 19 0 -23 11.2.1. 3.11.2.2 Endorsements. All policies of insurance to be maintained by Manager pursuant to this Section 3.11 shall have attached an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail, return receipt requested. In addition, Manager shall also provide to City the required 30-day prior written notice in the manner set forth in this Section 3.11. 3.11.3 Blanket Policies. Any insurance policies provided by Manager under this Section 3.11 may be affected under policies of blanket insurance which cover other properties in addition to the Golf Course, and in such case an allocable portion of the premiums for such blanket policies of insurance shall be considered a Golf Course Expense.. 3.11.4 Workers Compensation Insurance. Not later than the Effective Date, and as a condition to the effectiveness of this Agreement, Manager shall deliver to the City Manager a certificate of workers compensation insurance indicating that such insurance complies with all requirements of California law. This certificate shall provide that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to City by certified mail return receipt requested. Manager shall. require all subcontractors performing work for Manager under this Agreement to maintain workers compensation insurance covering such subcontractors' employees. Prior to the Effective Date, Manager shall file with the City Manager the following signed certification: "The undersigned is aware of and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete workers compensation insurance, and shall furnish a certificate of insurance to City prior to the commencement of the term of the Agreement." City and City Personnel shall not be responsible for any claims in law or equity occasioned by the failure of Manager to comply with this Section 3.11 as it pertain to worker's compensation insurance, or with the provisions of California law relating to workers compensation insurance. 3.11.5 Waiver of Subrogation. Neither Manager nor City shall assert against the other, and Manager and City hereby waive with respect to each other, any claims and rights of recovery for any losses, damages, liability or expenses (including attorneys' fees) incurred or sustained by either of them on account of injury to persons or damage to property arising out of the ownership, operation and maintenance of the Golf Course to the extent that -24- ..a4,) 191 the same are covered by the insurance required under this Section 3.11. City and Manager hereby grant to each other, on behalf of any insurance company providing insurance covering the Golf Course, a waiver of any right of subrogation which any insurer or party may acquire against the other party by virtue of payment of any loss under any insurance policy. City and Manager shall give notice to the insurance companies providing insurance under this Agreement of the mutual 'waiver of subrogation contained in this Section 3.11. 3.11.6 Insurance Maintained by Manager. Any insurance maintained by Manager under this Section 3.11 may contain deductible provisions and self- insurance or self -assumption provisions in such amounts as are maintained by Manager for other golf courses of a similar quality level operated by Manager. The parties acknowledge and understand that as of the Effective Date the following applies to insurance maintained by Manager: (a) Five Thousand Dollars ($5000.00) deductible per occurrence for property damage insurance, (b) ZERO Dollars ($0.00) self -insured retention per occurrence for comprehensive public liability insurance, automobile liability insurance, and garage keeper's liability insurance, and (c) ZERO Dollars ($0.00) participation in loss limits (which is comparable to self-insurance) per accident for workers compensation insurance. City understands and agrees that with respect to all policies of insurance required under this Section 3.1 1, the portion of any claim, loss, or damage subject to a deductible amount or a self-insurance or self -assumption amount shall be a Golf Course Expense. Manager shall notify City in writing at least thirty (30) days prior to any increase in the deductible amount or self -insured or self -assumed amounts for the insurance coverage maintained by Manager under this Section 3.11. The City Manager shall have the right to approve any such increase if the amount of the increase (on a percentage basis) as compared to the deductible amount or self -insured or self -assumed amounts set forth in clauses (a), (b), and (c) above exceeds the percentage increase, if any, of the Index from the Management Term Commencement Date, to the month immediately preceding Manager's notice of the proposed increase. 3.12 Handling of Claims. Manager shall be responsible for handling all claims, demands, and lawsuits for any losses, damages, liability, and expenses (including without limitation personal injury and property damage claims) arising out of the operation and management of the Golf Course ("Claims"), whether or not such Claims are covered by the insurance required under Section 3.11. Handling such Claims shall include without limitation responding to such Claims, investigating such Claims, retaining legal counsel to defend such Claims, settling such Claims, and paying any losses, damages and expenses relating to such Claims. All costs and expenses relating to the handling of such Claims as set forth in the preceding sentence, including without limitation attorneys' fees and costs for Manager's in- house counsel and for outside legal counsel as approved in the Annual Plan or by the City Manager in writing, shall be a Golf Course Expense. The City Manager --25- 192 shall have the right to approve any legal counsel retained by Manager to defend the City, and to approve all legal bills incurred in such defense. 3.13 Cost of Sales. Manager shall provide an accounting for its Cost of Sales as part of the profit and loss statements to the City required by Section 5.6. 4.0 MANAGER FEES DURING MANAGEMENT TERM 4.1 Forms of Manager Compensation. Manager shall receive as compensation for its services during the Management Term a fixed management fee (the "Management Fee"). The Management Fee is further defined below. 4.1.1 Management Fee. Manager shall receive from City a Management Fee in the amount of Ninety -Six Thousand Dollars ($96,000) for Fiscal Year 2013/2014 and Fiscal Year 2014/2015. The Management Fee will increase 4% annually for the third, fourth, and fifth fiscal years. The annual Management Fee shall be payable in arrears in twelve monthly installments, payable by City each month within thirty (30) business days of receipt of an invoice for same from Manager (subject to any extensions as may be required for approval of warrants by the City Council, if applicable). 5.0 ACCOUNTS: WORKING FUNDS; DISBURSEMENT OF FUNDS; RECORDS AND REPORTS 5.1 Golf Course Accounts. City shall establish appropriate bank account(s) for the Golf Course, including for the deposit of all Gross Revenues and other Golf Course revenues and for the Capital Improvement Funds, at a banking institution or institutions selected by the City Manager or City Finance Director, such accounts to be in City's name (the "Golf Course Accounts"). Manager shall deposit on a daily basis in the Golf Course Accounts all monies received from the operation of the Golf Course. Any interest earned on monies in the Golf Course Accounts shall be the property of the City. Manager shall also be entitled to maintain funds in amounts approved by the City Manager or City Finance Director in "cash register banks or in petty cash funds at the Golf Course. Within ten (10) days of commencement of the Management Term; the City, shall advance Two Hundred Fifty Thousand Dollars ($250,000.00) to Manager (the "Advance"), to pay expenses for the first month of Golf Course operations. Manager shall deposit the Advance in a bank account at a bank and upon terms and conditions approved by the City Finance Director (the "Advance Account"). Manager shall be responsible for the payment of those Golf Course Expenses identified in Section 5.2.1(a) as incurred in accordance with the monthly operating budgets set forth in the approved Annual Plan but only to the extent funds have been made available by the City. Manager shall invoice the City for repayment of Golf Course Expenses paid from the Advance or the Advance Account on or before the 1" and 15" of each month. Manager may use the Advance as necessary to pay any Golf Course Expenses authorized under this Agreement to be paid by Manager and required to -26 P. 19 be paid, until Manager has received reimbursement from the City. Upon receipt of payment from the City, Manager shall replenish the Advance to its full amount.. All . Golf Course funds held by Manager, whether the Advance or monies held by Manager in "cash register banks" or petty cash funds at the Golf Course shall be owned by City. 5.2 Payment of Golf Course Expenses. 5.2.1 Payment of Certain Golf Course Expenses by Manager. (a) Consistent with the terms of Section 5.1, Manager shall pay, initially from the Advance or from its own account (or, if appropriate, from "cash register banks".or petty cash funds available at the Golf Course) Golf Course Expenses (other than the Golf Course Expenses set forth in Section 5.2.2) as and when incurred; provided, however, that (1) the amount disbursed must constitute a permitted Golf Course Expense pursuant to the monthly operating budget in the approved Annual Plan and (2) Manager shall provide the City Manager or City Finance Director, no later than ten (10) days following the end of each calendar month, an accounting delineating the Golf Course Expenses paid and payable for such preceding calendar month (e.g., accounting due not later than April 10 covering the immediately preceding month of March). (b) City shall pay to Manager approved Golf Course Expenses invoiced to the City consistent with the Annual Plan within thirty (30) days of the receipt of the invoices and all necessary supporting documentation. Manager shall deposit these payments in the Advance Account to be used to pay Golf Course Expenses. (c) With the prior written approval of the City Manager, which approval may be granted or withheld in the sole discretion of City Manager, Manager shall be reimbursed for those expenses incurred by Manager prior to the commencement of the Management Term which, in the opinion of the City Manager, would constitute Golf Course Expenses if they had been expended subsequent to the commencement of the Management Term. 5.2.2 Payment of Management Fee. Manager ,shall invoice the City on a monthly basis for the Management Fee; provided, however, that such payment to Manager shall be paid in accordance with the terms of Section 4.1.1. 5.3 Remaining Funds. Upon the expiration or earlier termination of this Agreement, Manager shall repay the Advance, all "amounts in the Advance -27- 19 4 Account, and any and all funds held in possession of Manager or its agents that are revenues of the Golf Course. After termination of this Agreement, and assuming no uncured breaches exist, City shall pay to Manager any monies due Manager under this Agreement, but unpaid as of the date of termination, within ten (10) days after Manager delivers to the City Manager the final profit and loss statement. 5.4 Books and Records. Manager shall keep full and accurate books of account and such other records as are necessary to reflect the results of the operation of the Golf Course. For this purpose, City agrees it will make available to Manager, or Manager's representatives, all books and records in City's possession relating to the Golf Course including contract documents, invoices and construction records. All books and records for the Golf Course shall be located either at the Golf Course or at Manager's corporate office.. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in an accrual format. All such books, records, and reports shall be maintained separately from other facilities operated by Manager. Manager agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Golf Course and such controls shall provide checks and balances designed to protect the Golf Course, Manager, and City. The cash registers used by Manager shall be approved by the City Manager. Manager shall maintain all financial and accounting books and records for a period of at least seven (7) years after the expiration or earlier termination of this Agreement, and City shall have the right to inspect and audit such books and records during such period as provided in Section 5.5 below. 5.5 Inspection. Upon seven (7) days prior written notice to Manager, which notice shall set forth the date and time that City desires to inspect the books and records, City or its authorized agents, auditors, or representatives shall have the right during normal business hours to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Manager in connection with the operation of the Golf Course. All such books and records shall be made available to City at the Golf Course unless City and Manager "agree upon another location. City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Course from time to time. 5.6 Reports to City. Manager shall deliver to City the following financial. statements, in a form acceptable to City: (a) Within twenty (20) days after the end of each calendar month, a profit and loss statement showing the results of operation of the Golf Course for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Cost of Sales, Management Fee, and Capital Improvement Funds; and (b) Within sixty (60) days after the end of each Operating Year, a profit 19 J and loss statement showing the results of operation of the Golf Course for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Management Fee, and Capital Improvement Funds. If requested by City, and at the sole expense of City, the financial statements shall be audited according to Generally Accepted Audit Standards by an independent certified public accountant acceptable to the City, to be completed in a time frame established by the CPA. 5.7 Manager Accounting Software. The parties acknowledge and understand if the accounting software to be used at the Golf Course is owned by Manager, City shall have no rights or interests in such software. Upon the expiration or earlier termination of this Agreement, accounting software owned by Manager shall be removed from the Golf Course by Manager. 6.0 GOLF COURSE NAME The Golf Course shall be known by such trade name and/or trademark or logo as may from time to time be determined by City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the Golf Course together with appurtenant goodwill; are the exclusive property of City. Manager may identify the Golf Course as a golf course managed and operated by Manager; provided, however, that any display of any Manager logo or other corporate identification shall first be approved by the City Manager in his or her sole discretion. At no time will the Manager's logo be printed more prominently than the Golf Course or City logo. 7.0 ENVIRONMENTAL MATTERS In performing its responsibilities under this Agreement, Manager shall comply, with all federal state, and local laws and regulations pertaining to the storage, use, and disposal of "hazardous or toxic wastes, substances, or materials" as defined by. applicable law. MSDS sheets shall be visible as required by law. 8.0 TERMINATION RIGHTS 8.1 Termination by City. In addition to any other rights of City to terminate this Agreement that are set forth in this Agreement, City shall also have the right to terminate this Agreement upon the occurrence of any of the following events: (a) Manager fails to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, and such default continues for a period of thirty (30) days after written notice and a demand. to cure such default by City to Manager; or (b) Failure to meet the Operating Standards set forth in Section 3.8.2(a); or -29 ,u�s 196 (c) (i) Manager or its parent(s) applies for or consents to the appointment of a receiver, trustee or liquidator of Manager or of all or a substantial part of its assets; (ii) Manager or its parent(s) files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; (iii) Manager or its parent(s) files an answer admitting the material allegations of a bankruptcy petition reorganization proceeding, or insolvency proceeding filed against Manager or its parent(s); (iv) Manager or its parent(s) admits in writing its inability to pay its debts as they come due; (v) Manager or its parent(s) makes a general assignment for the benefit of creditors; or (vi) an order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Manager or its parent(s) a bankrupt or insolvent or approving a petition seeking reorganization of Manager or its parent(s) or appointing a receiver, trustee or liquidator of Manager or its parent(s) or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of sixty (60) consecutive days. City's right to terminate this Agreement pursuant to this Section shall be exercisable immediately upon written notice to Manager given at any time after the applicable notice and cure period has expired, and City's termination notice shall specify the effective date of such termination, which date shall not be more than sixty (60) days after the date of City's termination notice; provided, however, that no notice and cure period or sixty (60) day delay shall apply with respect to terminations pursuant to subparagraph (c) of this Section. 8.2 Termination by Manager. Manager shall have the right to terminate this Agreement if City fails to keep, observe, or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by City, and such default continues for a period of thirty (30) days after notice and a demand to cure such default by Manager to City. Manager's right to terminate this Agreement Pursuant to this Section shall be exercised upon written notice to City given at any time after the applicable grace period has expired. The grace period shall be extended as may be required for the City Council to comply with applicable law pertaining to the posting of agendas and hearings notices. Manager's termination notice shall specify the effective date of such termination, which date shall not be less than sixty (60) days after the date of Manager's termination notice. 8.3 Effect of Termination. The termination of this Agreement under the provisions of this Article 8.0 shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. 8.4 Remedies Cumulative. Neither the right of termination, nor the right to sue 1 f -30- "- - for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. 9.0 TITLE MATTERS; ASSIGNMENT 9.1 Ownership of Improvements and Personal Property. All improvements to the Golf Course made during the term of this Agreement and all Furnishings and Equipment and Operating Inventory purchased by Manager during the term of this Agreement shall be considered property owned by City at such time as the improvements are made or the Furnishings and Equipment or Operating Inventory are purchased. 9.2 Assignment or Subcontracting. Manager shall neither directly or indirectly assign this Agreement to any third party, nor contract or subcontract any work required hereunder to any third party, without the prior written consent of the City. Except as provided, below, the ownership structure or composition of Manager, or any direct or indirect parent(s) thereof, as it existed as of the date of execution of this Agreement, shall not be changed, amended, or modified without the prior written consent of the City Council. Transfers restricted hereunder include the direct or indirect transfer of more than twenty-five percent (25%) of the stock, partnership interests, or other form of equity ownership in the Manager or its direct or indirect parent(s), and/or any transfer of operational control of the Manager or its parent(s). Transfers of more than twenty-five percent (25%) but less than fifty percent (50%) of the stock, partnership interests, or other form of equity ownership in Manager or its direct or indirect parent(s) may be approved in writing by the City Manager. Transfer of over fifty percent (50%) shall require prior City Council approval. Any otherwise lawful assignment by Manager shall not be effective unless and until Manager and such assignee execute an assignment and assumption in a form acceptable to the City Attorney. It is understood and agreed that any consent granted by the City Manager to any such assignment by Manager shall not be deemed a waiver of any consent required under this Section as to any future assignment. Any assignment by Manager of this Agreement in violation of the provisions of this Agreement shall be null and void and shall result in the immediate termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section shall be enforceable by injunctive proceeding or by suit for specific performance. 9.3 Successors and Assigns. Subject to Section 9.2, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. 10.0 DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE EVENTS 10.1 Damage or Destruction. Should the Golf Course be destroyed or -31 u. g substantially damaged by fire, flood, acts of God, or other casualty, . City, by written notice to Manager given within sixty (60) days following the occurrence of such event, shall have the right to terminate this Agreement on the basis that City does not choose to rebuild or restore the Golf Course, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based. upon events occurring, prior to the effective date of such termination. For the purpose of this Section, the Golf Course shall be deemed to have been substantially damaged if the estimated length of time required to restore the Golf Course substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six (6) months, as indicated by an architect's certificate or other evidence reasonably satisfactory to Manager. If this Agreement is not terminated in the event of damage to the Golf Course either because (i) the damage does.not amount to substantial damage as described above, or (ii) notwithstanding destruction of or substantial damage to the Golf Course, City elects to restore the Golf Course, then City shall proceed, at City's own expense, with all due diligence to commence and complete restoration of.the Golf Course to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.2 Eminent Domain. If.all of the Golf Course (or such a substantial portion of the Golf Course so to make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, then upon the earlier of (i) the date that City shall be required to surrender possession of the Golf Course or of that substantial portion of the Golf Course, or (ii) the date when the Golf Course is no longer open, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Golf Course shall not make it unfeasible, in the reasonable opinion of City, to restore and continue to operate the remaining portion of the Golf Course for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and City shall proceed, at City's own expense, with all due diligence to alter or modify the Golf Course so as to render it a complete architectural unit which can be operated as a golf course of substantially the same type and character as before. If as a result of any alteration or modification of the Golf Course as provided in this Section, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees. 10.3 Force Majeure Events. As used in this Agreement, the term "Force Majeure 19 -32 '1 `1 1J Event" means a disruption in the operation of the Golf Course due to, or the cause of the failure to perform by a party hereto due to, declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies (except acts of governmental agencies including but not limited to the City taken in accordance with this Agreement), accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, ' labor disputes, shortages of materials, or any other event not within the control of Manager and not caused by the gross negligence or intentional wrongful conduct of Manager. For purposes of this Section, any disruption to the operation of the Golf Course caused by a Capital Improvement project shall also constitute a Force Majeure Event. If as a result of the occurrence of a Force Majeure Event, the responsibilities of Manager under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including the Management Fees: 11.0 GENERAL PROVISIONS 11.1 Contract Administration. City has designated the City Manager as the individual who is responsible for administering this Agreement on behalf of City. The City Manager may designate a member of his or her staff to serve as the Project Manager, which individual shall carry out the City Manager's responsibilities in administering this Agreement. The City Manager shall inform Manager in writing of the person who will serve as the Project Manager and any change of the Project Manager. Manager has designated Joe Gill, Director of Golf Operations, as the individual who is responsible for administering this Agreement on behalf of Manager. Manager shall notify the City Manager in writing if another individual has replaced the foregoing designated person as the person responsible for administering this Agreement on behalf of Manager. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager has the authority to approve or consent to those matters identified in this Agreement as requiring City's approval or consent and to make all other decisions on behalf of City regarding the administration of this Agreement (except where City Council approval is expressly required herein), and (b) Manager's foregoing designated person or such other individual designated by Manager in writing to City has the authority to approve or consent to those matters identified in this Agreement as requiring Manager's approval or consent and to make all other decisions on behalf of Manager regarding the administration of this Agreement. City's management direction to Manager shall be given by the City Manager. 11.2 Indemnities. 11.2.1 Manager's Indemnity. Manager agrees to indemnify and hold harmless City and City's officers, officials, members, employees, agents, representatives, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, 2 0 -33- , u : ' which results from one or more of the following: (a) any act or omission by'Manager or any shareholder, director, officer, or employee of Manager in connection with Manager's performance under this Agreement that constitutes negligence or willful misconduct; or (b) any action taken by Manager relating to the Golf Course (i) that is expressly prohibited by this Agreement, or (ii). that is not within the scope of Manager's duties under this Agreement, or (iii) that is not within Manager's delegated authority under this Agreement; or (c) Manager's breach of any material covenant, requirement or commitment contained in this Agreement; or Manager's indemnity obligations under this Section shall not apply to any acts or omissions taken (or in the case of omissions, not taken) either at the written direction of City or with the written approval of City. 1 1.2.2 City's Indemnity. City agrees to . indemnify and hold harmless Manager and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, expert witness fees, attorneys' fees, costs, and expenses, which result from: (a) any act or omission by Manager in connection with the management and operation of the Golf Course (i) that is expressly authorized by this Agreement, or (ii) that is within the scope of Manager's duties under this Agreement, or (iii) that is within Manager's delegated authority under this Agreement, or (iv) that was either at the written direction of City or with the written approval of City; unless such act or omission constitutes negligence or willful misconduct (and was neither at the written direction of -City nor with the written approval of City) in which event Manager shall not be indemnified under this Section. (b) any act or omission constituting negligence or willful misconduct by City or any officer, official, member, employee, agent, representative, or volunteer of ;City; or (c) City's failure to make any payment to Manager hereunder to which Manager is entitled pursuant to the terms of this Agreement, provided that Manager has provided written notice to City of such asserted failure and has given City an opportunity of not less than sixty (60) days to cure or contest such asserted failure. 2;� 1 -34 11.3 Notices. All notices, demands, requests, consents, approvals, replies and other communications ("Notices") required or permitted by this Agreement shall be in writing and may be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service as certified or registered mail return receipt requested, postage prepaid to the addresses stated below (Notices deposited with the United States Postal Service shall be actually deposited with a branch of the United States Postal Office located in either the county of City's address as provided in this Section or the county of Manager's address as provided in this Section); or (c) by deposit with a same -day or overnight express delivery service that provides a receipt showing date and time of delivery. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three (3) business days after deposit with the Postal Service. Notice by same -day or overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of City shall be: City of La Quinta Attn: City Manager 78495 Calle Tampico La Quinta, CA 92253 For purposes of Notices hereunder, the address of Manager shall be: Landmark Golf Management Attn: President 74947 Highway 111 Indian Wells, CA 92210 Each party shall have the right to designate a different address within the Southern California area by the giving of notice in conformity with this Section. 11.4 Independent Contractor. Manager shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between City and its successors and assigns, on the one part, and Manager and its successors and assigns, on the other part. 11.5 Compliance with Law; Licenses. Manager shall comply with all applicable laws of governmental bodies having jurisdiction with respect to the Golf Course site and Manager performance of this Agreement. Manager shall, at its expense, procure and maintain all licenses, permits, and approvals required to be obtained by it to perform the work under this Agreement. 11.6 Modification and Changes. This Agreement may be amended or modified 202 -35- only in writing and signed by both parties. 11.7 Entire Understanding and Agreement. Except as otherwise provided herein, this Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior understandings and agreements, whether written or oral, between City and Manager pertaining to the subject matter hereof. 11.8 Headings. The Article, Section, and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. 11.9 Consents. Except as provided herein, each party agrees that it will not unreasonably withhold any consent or approval requested by the other party pursuant to the terms of the Agreement, and that any such consent or approval shall not be unreasonably delayed or qualified, except where such consent is expressly stated as within the party's sole and absolute discretion. Similarly, each party agrees that any provision of this Agreement which permits such party to make requests of the other party shall not be construed to permit the making of unreasonable requests. 11.10Survival of Covenants. Any covenant, term, or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. 1 1.11 Third Parties. None of the obligations under this Agreement of either party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. 11.12 Waivers. No failure by Manager or City to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy consequent upon the breach of this Agreement shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term or condition. No covenant, agreement, term or condition of this Agreement and no breach of this Agreement shall be waived, altered or modified except by a written instrument. A waiver, of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms and conditions of this Agreement shall continue in full force and effect. 1 1.13 Applicable Law; Venue; Service of Process. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. Service of process on City shall be effected in . -36- ? it s such manner as required by California law for service on public entities. Service of process on Manager shall be made in any manner permitted by California law and shall be effective whether served insideor outside of California. Manager acknowledges that service of process may be effected by service on its registered agent in California, which as of the Effective Date of this Agreement is July 1, 2013. Manager shall promptly notify City ,in writing of any change pertaining to the entity or address serving as Manager's registered agent in California. 11.14 No Presumption Regarding Drafter. City and Manager acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between City and Manager, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either City or Manager to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 11.15 Enforceability of Any Provision. If any term, condition, covenant or obligation of this Agreement shall be determined to be unenforceable, invalid, or void, such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. 1 1.16 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. 1 1.17 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. 11.18Attorneys' Fees. In the event of a dispute involving the nonperformance by a party hereto of its obligations under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all other expenses (including expert witness fees and fees and costs related to discovery and appeal) reasonably incurred in connection with such dispute, whether or not litigation is commenced, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys' fees and all other expenses of litigation shall be included in and made a part of any such judgment. 11.19 Publicity. Any commercial advertisements, press releases, articles, or other written media information generated by Manager using City's name or "SilverRock" related to SilverRock Resorts day to day operation(s) shall be subject to the prior approval of the City Manager which approval shall be given or withheld in the City Manager's sole and absolute discretion. 11.20 City Financing. Manager acknowledges that tax-exempt bond financing or -37- 20 4 other tax-exempt financing ("Financing") has been obtained for construction of a portion of the Golf Course. The form and issuance of such Financing, the selection of Financing legal counsel, and all other matters pertaining to the Financing, shall be in the sole and absolute discretion of the City. City_has the right, at any time and from time to time, to issue additional financing and/or effect or cause a refinancing and refunding of the Financing in its sole and absolute discretion. Notwithstanding any authority given in this Agreement to Manager to set fees, charges, and prices, the City Council shall have the superior authority to set fees, charges, and prices at the Golf Course. Manager agrees to amend this Agreement at any time and from time to time, if, in the opinion of the City's legal counsel, this Agreement must be amended to comply with 'laws, regulations, rules, or procedures applicable to the Financing (except those laws regulations, rules and/or procedures adopted by or promulgated by City or any Agency controlled by the City), and any refinancing or refunding thereto, including but not limited to those laws, regulations, rules, and procedures applicable to or promulgated by the Internal Revenue Service. City and Manager shall meet and confer in good faith to effect such written amendment to this Agreement as necessary to insure the Agreement is in compliance as required, by the preceding sentence, which amendment(s) shall be affixed as an attachment to this Agreement; provided, however, that in the event City and Manager disagree on the nature or scope of the required amendment(s), either party shall have the right to terminate this Agreement upon written notice to the other party and upon such termination neither Manager nor City shall have any further, rights or obligations hereunder. 11.21 Covenants Against Discrimination. Manager agrees that in connection with its performance under this Agreement; there shall be no discrimination by Manager against any person on account of race, color, creed, religion, sex, marital status, national origin or ancestry. Manager agrees to include a provision similar to this Section in all subcontracts entered into by Manager in connection with work being performed under this Agreement. 11.22 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the City shall be personally liable to Manager, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to Manager or any successor, or for breach of any obligation of the terms of this Agreement. 11.23 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. 11.24 Exhibits and Attachments Incorporated. All exhibits and attachments to this Agreement are incorporated herein and made a part hereof. 11.25 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement -38- 1.4-; 205 on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. 11.26Authorization to City Manager. In addition to such other authorizations granted the City Manager of City in this Agreement to act on behalf of City, the City Manager shall have the authority, in the event of a dispute involving the interpretation of the terms and provisions of this Agreement, to reasonably interpret the terms and provisions of this Agreement on behalf of'City. 11.27 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, City hereby informs Manager that this Agreement may create a possessory interest subject to property taxation, and in such event Manager may be subject to the payment of property taxes levied on such interest, which taxes, if levied, shall be defined as a Golf Course Expense. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the.day and year first written above. Date ATTEST: Susan Maysels City Clerk APPROVED AS TO FORM RUTAN & TUCKER, LLP M. Katherine Jenson City Attorney "CITY" CITY OF LA QUINTA, a municipal corporation Frank J. Spevacek, City Manager Date "MANAGER" LANDMARK GOLF MANAGEMENT, LLC By: Name: By: Date Name: -40- 20 EXHIBIT"A" SILVERROCK GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS 1. Greens Maintenance. Manager shall maintain all greens in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all greens in accordance with the following minimum requirements: (i) Change cups and repair ball marks daily. (ii) Mow greens daily with a reel -type mower designed specifically for mowing golf greens and of the type,', make, and model accepted by the golf industry. (iii) Verticut all greens as needed to control mat and thatch buildup. (iv) Aerify greens as scheduled and remove plugs the same day, top dress the greens following each core aerification. (v) Treat greens with proper Integrated Pest Management practices (IPM) to control insects, disease, and other pests. (vi) Fertilize greens at a rate and frequency that will promote healthy turf propagation. (vii► Manager shall have the soil analyzed once every five years to determine the nutrient needs of the soil and turf. Additional analysis may be necessary to identify conditions causing a deficiency. 2. Tee Maintenance. Manager shall maintain all tees in accordance with accepted playability and industry -wide standards. I Without limiting the generality of the foregoing, Manager shall maintain all tees in accordance with the following minimum requirements: (i) Service tees daily by moving markers. (ii) Mow tees four (4) times weekly with reel -type mower at appropriate height for turf type and climate conditions. (iii) Verticut tees as needed for thatch removal. (iv) Repair worn and damaged turf areas as they occur by overseeding or sod to ensure playable tees at all times. -41- 208 (v) Treat tees with proper IPM practices to control insects, disease, and other pests. NO Fertilize tees at a rate and frequency that will promote healthy turf propagation. (vii) Repair divots daily. (viii) Manager shall have the soil analyzed once every five years to determine the nutrient needs of the soil and turf. Additional analysis may be necessary to identify conditions causing a deficiency. (ix) Aerify all tees as scheduled 3. Fairway Maintenance (Including Driving Range Area). Manager shall maintain all fairways in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all fairways (including the driving range area) in accordance with the following minimum requirements: (i) Mow fairways with a reel -type mower. (ii) Verticut fairways as necessary for turf health and playing conditions. (iii) Aerify all fairways as scheduled. (iv) Overseed and top dress (or sod) worn or bare areas of fairways as necessary. (v) Treat fairways with proper IPM practices to control insects, disease, and other pests. (vi) Fertilize fairways at a rate and frequency that will promote healthy turf propagation. Manager shall have the soil analyzed once every five years to determine the nutrient needs of the soil and turf. Additional analysis may be necessary to identify conditions causing a deficiency. 4. Maintenance of Rough and Other Turf Areas. Manager shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with accepted playability and industry -wide standards. Without limiting the generality of the foregoing, Manager shall maintain all rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, in accordance with the following minimum requirements: 2. -42- (i) Mow at least once per week. (ii) Verticut as necessary to promote healthy growth. (iii) Aerify as needed and seed or sod worn or bare areas in turf as necessary. (iv) Treat areas with proper IPM practices to control insects, disease, and other pests. (v) Fertilize at a rate and frequency that will promote healthy turf propagation. (vi) Manager shall have the soil analyzed once every five years to determine the nutrient needs of the soil and turf. Additional analysis may be necessary to identify conditions causing a deficiency. 5. Maintenance of Accessory Equipment. Manager shall maintain all golf course accessory equipment in a clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including, but not limited to, the following: (i) Signs. (III Trash receptacles. (Ili) Tee markers. (iv) Cleat cleaners. . (v► Out-of-bounds markers, water hazards, cart directional signs, etc. (vi) Directional flags and poles. (vii) Distance markers (150 yards, etc.). (viii) Greens flags, poles and cups. (ix) Practice green markers and cups. 6. Irrigation. Manager shall maintain the entire, irrigation system serving the Golf Course property, including main lines, valves, lateral lines, sprinkler heads, and controllers, in good repair, functioning properly and conforming to all related codes and regulations at all times. Manager shall irrigate the Golf Course property as required to maintain adequate moisture for growth rate and appearance in accordance with accepted industry standards. Adequate soil moisture shall be determined by visual observation, plant, resiliency, turgidity, examining cores removed by soil probe, moisture sensoring devices and programming irrigation controllers accordingly. In addition: (i) Consideration shall be given to soil texture, structure, water holding capacity, drainage, compaction, precipitation rate, run-off, infiltration rate, percolation rate, seasonal temperatures, prevailing wind condition, time of day or night, type of grass or plant, and root structures. -43- 11" - 210 (ii) In areas where wind creates problems of spraying onto private property or road rights -of -way, the irrigation controller shall be set to operate during the period of lowest velocity. (ii) Manager shall be responsible for monitoring all systems within the Golf Course property and for correcting the same for coverage, adjustment, clogging of lines, and sprinkler heads, and removal of obstacles, including plant materials which obstruct the spray. (iii) Manager shall check -the system daily and adjust and/or repair any sprinkler heads causing excessive run-off, or which throw directly onto roadway, paving or walks within rights -of -way. (iv) All controllers shall be inspected on a daily basis and adjusted as required, considering the water requirements of each remote control valve. (v) A soil probe or tensiometer shall be used regularly to determine the soil moisture content in various areas, with particular attention being given to the greens. (vi) Manager shall repair all leakingor defective valves within twenty-four (24) hours. (vii) Upon written request by City, Manager shall file a monthly statement with City certifying that all irrigation systems are functioning properly. (viii) If there is a reduction of the volume of water supplied to the Golf Course property during peak demand periods, the priority of water distribution by Manager shall be as follows: (a) greens, (b) tees, (c) fairways, and (d) other turf and landscape areas. 7. Other Required Duties. (i) Manager shall remove all litter daily from the Golf Course grounds, including but not limited to the Golf Course, maintenance yard, landscape areas, and the driving range. Manager shall remove all trash and debris resulting from Golf Course maintenance as it occurs. Manager shall clean, repair, and replace trash receptacles as necessary to maintain clean, safe, and sanitary conditions at all times. -44- _ 211 (ii) Manager shall maintain shrub and ground cover plantings and lawn areas in a manner to promote proper healthy growth and an aesthetically pleasing appearance at all times. (iii) Manager shall maintain all trees in a safe, healthy and aesthetically pleasing condition at all times. Trees shall be pruned regularly in order to promote growth, safety, and beauty. (iv) Manager shall maintain all sand traps in a raked, edged, and weed -free condition at all times, replacing sand in kind and rakes as necessary. (v) Manager shall take whatever preventive steps necessary and legal to protect all slope areas from erosion at all times, subject to the approved budget. (vi) Manager shall control rodent and other animal pests as necessary. (vii) Manager shall maintain and repair as necessary surface flow lines, swales, catch basins, grates, subsurface drainage systems, and other drainage structures in a clear, weed -free, and properly functioning condition at all times. (viii) Manager shall observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials, supplies, and equipment. (ix) Manager shall maintain the golf maintenance storage room and yard in a clean, orderly, and safe condition at all times, conforming to all applicable laws and regulations. (x) Manager shall take reasonable measures to protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather, and other unusual conditions. (xi) Manager shall maintain bridge abutments and approaches in a safe and stable condition. (xii) Manager shall maintain walkways, steps, handrails on walkways, headerboards, and cart paths in a clean, edged, safe, and weed -free condition. (xiii) Manager shall maintain, repair, and replace parking lots and driveways to achieve clean, safe, and weed -free conditions. (xiv) Manager shall inspect the following frequently and repair as needed: -45- b_ - 212 (a) all area lighting systems for safe and functioning condition, and (b) all golf course parking lots, walkways, and interior paved and/or unpaved surface roads. 8. Equipment. Manager shall maintain all equipment. Personal Vehicles and Vehicles provided under a "Vehicle Allowance" are not entitled to fuel, maintenance, or cleaning under the golf operations and training travel. 46- 1 _ -- 21 v EXHIBIT "B" CITY OF LA QUINTA SILVERROCK GOLF COURSE GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS SUPERINTENDENT: DATE: CITY MANAGER/DESIGNEE: GREENS QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined, consistent, of suitable speed for the location. Cups placed in accordance with USGA recommendations. Flags stand up straight. Cups, poles and flags are uniform, clean and in good repair. 100% Turf coverage, color and texture of the greens are uniform and properly mowed. No diseases, weeds, insects, rodents, or bare spots. U NI A TEES QUALITY STANDARD: TEES: Complete turf coverage, level, firm but not hard, clean, properly directed, with trash cans, signs, tee markers, sand and seed containers (as appropriate) in good condition and repair, consistent and uniform in turf coverage and color. No weeds, diseases, insects or rodents. Adequate top dressing, seeding, and divot repair. Minimal litter or broken tees. U NI A FAIRWAYS AND ROUGHS QUALITY STANDARD: Fairways: Uniform turf coverage and color, smooth mowing and trimming, clean, firm but not hard, well defined, that properly supports the ball for play. Roughs: Properly mowed and trimmed, clean and uniform for play, distinct in height from fairways. Mowing height of fairways and roughs is within USGA specifications, mowing frequency is appropriate for the turf type and season. Absence of wet or dry spots in play areas. No weeds, disease, insects, rodents, off-color areas, or bare spots. U NI A DRIVING RANGE APPEARANCE - MANICURED AND CLEAN. Uniform mowing, color, texture of turf, U = Unacceptable NI = Needs Improvement -47- A=Accelot8ble 214 smoothness of surface, cleanness of mowing on perimeters. Season appropriate condition. Adequate top dressing, seeding, and divot repair for driving range tees. U NI A TREES AND SHRUBS Pruned to maintain specimen health and safety to golfers and maintenance employees. Shall be maintained in natural form with no geometric shapes. U NI A LAKES AND OTHER WATER BODIES QUALITY STANDARD: Appearance of water -clean, no weeds or noxious growth, no noxious odors, no floating trash/debris. Well defined and marked according to USGA standards. U NI A TRAFFIC CONTROL 1. Ropes, stakes, and other traffic control devices are provided as necessary, in good condition and proper appearance. Traffic control devices are used effectively to minimize turf wear in high traffic areas. Worn areas are under, repair. Routes used by golf carts are well -maintained, free of potholes, and present a generally smooth and clean appearance. U Ni A 2. Cart paths - Concrete paths are clean with edges properly trimmed. U NI A MAINTENANCE RECORDS AND SCHEDULES All of the following maintenance records properly kept, on site, and up to -date 1. Annual Maintenance Plan U NI A 2. Daily Employee Task Board U NI A 3. Materials and Safety Data Sheets U NI A 4. Equipment Maintenance Records U NI A 5. Labor scheduling U NI A 6. Gasoline log U NI A 7. First Aid Kit U NI A MAINTENANCE EMPLOYEES/CORE STAFF U = Unacceptable NI=Needs Improvement C -48- A=Acgepi: able 211 1. Required state and federal forms posted. U NI A 2. Report number of Department employees. U NI A Actual: Budget: 3. Uniforms, hard hats, steel toe shoes on all Department employees except Golf Course Superintendent and Assistant Golf Course Superintendent. U NI A MAINTENANCE SHOP AND EQUIPMENT 1. Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and chemical storage is per federal, state, and local laws. No trash in yard or shop. U NI A 2. Equipment is in good repair, is clean and properly maintained. Daily checking the engine oil, air cleaners, hydraulic oil, and status of machines under repair. U NI A REST ROOMS MEN'S AND WOMEN'S FRONT NINE. Ceilings, walls, and floors are clean; toilets clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top, sink, and faucet fixtures clean and functional. Light fixtures clean, functional and bug -free; room air freshener clean and functional; trash receptacle clean with liner, reasonable empty; napkin receptacles clean with liners. U NI A MEN'S AND WOMEN'S BACK NINE. Ceilings, walls, and floors are clean; toilets clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top, sink, and faucet fixtures clean and functional. Light fixtures clean, functional and bug -free; room air freshener clean and functional; trash receptacle clean with liner, reasonable empty; napkin receptacles clean with liners. U NI A U = Unacceptable NI=Needs Improyement- -49- A=Acceptable 216 MANAGER: CITY MANAGER/DESIGNEE: CLUBHOUSE REST ROOMS DATE: MENS AND WOMEN'S CLUBHOUSE. Ceilings, walls, and floors are clean; toilets clean, tops and under sides; mirrors clean and streak fee; soap dispenser clean and full; paper towel, toilet paper, and seat cover dispensers clean and full; counter top, sink, and faucet fixtures clean and functional. Light fixtures clean, functional and bug -free; room air freshener clean and functional; trash receptacle clean with liner, reasonable empty; napkin receptacles clean with liners. U NI A CLUBHOUSE EXTERIOR 1. Parking lot trash -free, lot well striped and in good repair, trash bin area clean. U NI A 2. Exterior wall surfaces clean and cobweb -free, windows clean. Paint in good condition. All signage in good condition and uniformed. U NI A 3. Ground well -manicured, trash -free, walkways clean and edged, proper planting, planter beds weed and trash -free. U NI A 4. Scorecards on carts with pencil, at golf shop counter, and #/tee. U NI A 5. Preventative maintenance programs in place for building and equipment. U NI A DRIVING RANGE Quality and quantity of balls, ball washer in good condition, balls clean, no trash, employees in uniform with name badge, baskets picked up on a regular basis, receptacle for cigarettes,. no cigarette butts on walkways or in grass area, bag stands. U NI A U = Unacceptable NI=Needs Improvement -50- A=Acceptable �1 GOLF (PRO) SHOP 1. Managers Office: Clean, files organized, Manager in uniform with name badge U NI A 2. Customer Service: all staff have been trained in and provide first class service to customers (including staff empowered to handle customer problems). U NI A 3. Prices marked clearly, approved signage, merchandise hung and folded properly, clean and neat with no old stock. U NI A 4. Carpet vacuumed and spot -free, windows and mirrors clean and streak- free, shelves, counter tops, base boards, window ledges are dusted, starter counters clean, and dressing room is clean and not used for storage. U NI A 5. Staff in uniform; clean, neat and clean hair, beard shaved with name badge. U NI A 6. Customer message board up and current, customer comment forms are available on counter. U NI A 7. Starter's responsibilities: Starter sheet is in ink and legible; all last names only with ring number. Complimentary play sheet by starter sheet, cart tickets dated and signed, car key deposit control used. U NI A 8. No employee access to security cameras. 11. First Aid Kit Available FOOD AND BEVERAGE U NI A U NI A 1. Staff in uniform: logo shirt with name badge. U NI A 2. Front counter is clean with condiments fresh and in clean containers. Coffee and soft drink stations are clean, adequately stocked, and ready for use. U NI A 3. Snack display well stocked and clean. U NI A 4. Storage areas: clean with shelves organized. Food and materials stored per applicable governmental regulations. U NI A U = Unacceptable NI=Needs Improvement -51- A=Apcepteble n 218 5. First aid kit available U NI A DINING ROOM 1. Chairs, seats, and tables are clean and in good repair. U NI A 2. Dining area: carpet vacuumed and spot -free. Windows clean and streak -free. Tables and chairs neatly arranged. U NI A 3. Kitchen: Dish washing machine clean and sanitation procedures followed, garbage disposal operable; pots, pans and all shelving grease -free; garbage cans clean with liners; chopper, slicer and mixer clean and operable; kitchen floors clean; drains operable and clean; hoods and filters clean; refrigerators clean and organized; food stored off of the floor; food (film covered) in refrigerators and freezers; fire extinguishers current; last Health Department inspection. U NI A 4. Inventory organized and in locked storage when applicable. Two staff members take the inventories. U NI A 5. Freezers and refrigerators are at correct temperature. Sink areas clean. Grill areas clean. U NI A OFFICE 1. Banquet information available with contracts completed and signed for each booking with deposit. Banquet histories, call reports, and files in place and current. U NI A 2. Beverage tracking form being used. Breakage being disposed of properly. U NI A SECURITY Alarm system operational, staff trained to use Fire extinguishers. U NI A Proper accounting software on P.C. U NI A - Parking and clubhouse lighting adequate, functional and on time, set properly for. the season: off a.m. - on p.m. U NI A Bank deposits made during daylight hours only/one day or less, of receipts in locked safe/deposits in bank daily/transfers made daily. U NI A U = Unacceptable NI=Needs Improvement 52- A = Acceaptable 219 Safe locked, not on day lock. Combination last changed U NI A Tournament contracts files with receipt attached. Deposit rung and recorded day received. U NI A Security cameras CARTS Electric Carts on site. Quantity of carts down # U NI A U NI A General Manager and cart mechanic understand and comply with agreement parts, batteries, warranties (copy of agreement in maintenance book). I NI A Maintenance records currently maintenance cardform in use/battery discharge records kept/all repairs dated/tools available. U NI A Carts cleaned daily and in good repair. Stocked with water, tees, and scorecard. U NI A Cart storage area clean. U NI A Employees demonstrate caring customer service/neat and clean/hair clean/shaved/employees in uniform with name badge/proper shoes. U NI A PERSONNEL Time clocks operational with cards available. U NI A Required state and federal forms posted by time clock. OSHA 200 form posted in clubhouse. U NI A Personnel files up to date to include key and uniform issue. Attestation forms on file for all employees. U NI A First aid kit available and adequately stocked. Phone number for emergencies, police, and fire posted. U NI A Monthly staff and safety meetings being held. Forms complete and up-to-date. U NI A U = Unacceptable NI=Needs Improvement -53- A = Acceptable 220 New employee forms available, checklist/applications/loss prevention/employee handbook/Reid reports/payroll deduction forms/insurance enrollment cards/liability claim form. U NI A Additional personnel forms available, verbal warning/written warnings/termination checklist/liability claim form. U NI A Employee background checks U NI A LIST COMMENTS/DEFICIENCIES U = Unacceptable NI=Needs Improvement 54- A=Acc�ptab!e L1 q EXHIBIT "C" CITY OF LA QUINTA SILVERROCK GOLF COURSE NOTICE OF GOLF COURSE DEFICIENCY Golf Operations Greens Tees Fairways & Roughs Driving Range Maintenance Records & Schedules Lakes & Water Hazards Traffic Control Maintenance Employees Maintenance Shop & Equipment Rest Room Clubhouse Operations Clubhouse Pro Shop Inventory Food & Beverage Security & Accounting Carts Personnel Statement of Deficiency Describe nature of deficiency to be corrected: Reported By: Date: Date Correction Due: Statement of Correction Describe what.has or will be done to correct this deficiency: Reported By: Date: Acknowledgement of Deficiency Correction It is hereby acknowledged that the above -listed golf course deficiency has been satisfactorily corrected. City of La Quinta: By: Date: Landmark Golf Management: By: Date: U = Unacceptable NI=Needs Improvement -55- A = Acceptable 222 ATTACHMENT 2 r d ' d d a d N d D � L T V A .2 N Cy LL N a y O C yy COy OIC T y y d U d C 0 N U OI Z J C— a C `y w C I` O d wo O ly 'a G O D d C d C C K N C n CC y O d O H N m O O N w c c E �` E^ o c c E Ip E L o c o �' n wo .d a n c ao Ooo o as cn LLEIn EqE C W d d oo O - dn�wo worn q a 0 N IO d p > y d H W m Y M m d rn E N" udi N d E W 0 6 W E v Yl m _ m� E w o O Irn0 N O� d m N d c.. c _c E c =N a rni c a — �Nyc 3'� dm no O rn d L N LL LL N d d W q C C p C d LL C C IL c m y 9 y a d d c a C rna 2 m W .FJ m � O E E d v sE E W.m� d w N W N" N c Y II L O IL C N N N L_ C H N �a m N d T of 2.2 —O uL' y« n E d n _ coo H a a x W coi d� a n m 3 c O C C W N d T N O 0= m 4 0-6 d m a O ac+ v E o Q c Q d 2` E ioi o v— d d U DU N d O p n OQ y m'a v-E y m C m d O O o O C O N a d O A ai of Ica u 2 a d y 3 d � a�i J J p c a y y d O ' w m O« o U p t m J y o 6 m o d O U N i o o d rn a Et o of 'm d w d p aD IO �p E` Y c c l�l M l7 y d c m 'S c E w o c o d o M I^ c Z t C m d 0 a o Ern y w o « w o C O C > m m .N p y d g Ctc N VI 6 W C M. dw. O `t Om 0m , >na L L.E ix c � N LL d yiy 0 o E dW c E o N G. m aa 2 m aY La a n a U '° ay u o.E w a d � m c E E H r Y J 223 CITY / SA / HA / FA MEETING DATE: April 16, 2013 AGENDA CATEGORY: ITEM TITLE: Selection of Developer for SilverRock Resort BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Select Developer to negotiate the business, terms for the first phase of SilverRock Resort development. EXECUTIVE SUMMARY: • Developers desire to partner with the City to develop SilverRock Resort ("SRR"). The City Council has conducted multiple Study Sessions to review and confirm the community's vision for SRR, and to receive developer presentations. • Developers have provided updated proposals identifying their- development strategy and interest for the future of SRR. BACKGROUND/ANALYSIS: The resort market is recovering and multiple developers have identified an interest in pursuing SRR development opportunities. They believe the Coachella Valley resort market can absorb new inventory staring in 2015 (a new resort would require at least 36 months to design, construct, furnish and open). Key events since August 2012 include: • July 3, 2012 - Study Session wherein City Council affirmed original SRR vision and directed staff to initiate developer discussions. • October 16, 2012 - Study Session, to receive presentations from three development entities: the Beverly Park Development Group, Discovery Land Company and Meriwether Companies. A fourth development entity, Plan B Resolution Advisors, verbally expressed their interest in SRR. • November 20, 2012 - Study Session wherein City Council further questioned the three development entities who attended this meeting. • January 2, 2013 - City Council directed staff to manage the next phase of developer selection. • January 31, 2013 - City informs each developer of the next phase of the selection process, indicates that a master developer would not be pursued, and a phased development program was the preferred approach. • April 2, 2013 - City Council discussion of SRR property, development standards, current trends and investment resources. Development Proposals Four development entities previously expressed interest in developing the remaining undeveloped portions of SRR. Three development entities, Beverly Park Development Group, Discovery Land Company, and Meriwether Companies, have recently confirmed their interest by responding to correspondence from City staff. Each of these development entities presented a development proposal to City Council on October 16, 2012 and, after corresponding with City staff, has now provided their Phase 1 development proposals. Copies of each development proposal are attached (Attachment 2). The following table summarizes their proposals: 'P,hase 1,Development Proposals Oeveftfper' ,s;;'2verMy't6k ;,=7tstouy ;.11+1eriruether' ., Hotel Keys & 100 Wellness Spa Keys 75 Luxury Hotel Keys Type 150 Luxury Hotel Keys 60 Boutique Hotel Keys 200 Lifestyle Hotel Keys 350 Boutique Hotel Keys Residential Units None None in Phase 1 200 Units Retail 30,000 S.F. Retail None in Phase 1 None in Phase 1 50,000 S.F. Restaurant 2nd Golf Course Yes —18 hole Later Phase Later Phase Clubhouse 30,000 S.F. Later Phase Later Phase Tennis/Black Box Theater Resort Club Sports Center (golf, cycling, Amenities 60,000 S.F. Spa Golf Club & Academy trailhead) Black Box Theater/Tennis Interim Event Space Entertainment Bowling Later Phase Additional Entertainment in Wave Pool Later Phase Canal Fund to Relocate To Be Determined Parallel Location Hotel "Flag" Reference Made To Be Determined Reference Made Each proposal represents a development strategy focused upon hotels, retail, golf and associated amenities. Though the site development information provided is conceptual, these proposals are generally consistent with the SilverRock Resort Master Plan, Specific Plan and applicable development regulations. Staff anticipates that the selected developer's proposal will be refined during second phase negotiations. .4 22J Beverly Park Development Group The Beverly Park Development Group's development strategy exclusively provides hotel keys. In addition, it is to be completed in one phase, though a development schedule has yet to be proposed. Mr. Brian Adler recently identified an initial funding source, a potential golf course designer, and letters of interest from three hotel chains. Mr. Adler is best known for being the developer who created Beverly Park, a relatively well known residential estate community located in Beverly Hills. Mr. Adler's professional portfolio focuses upon extensive experience as a real estate broker in the greater Los Angeles area. Discovery Land Company The Discovery Land Company offers a two-phase development strategy. As noted in the table above, the first phase primarily focuses upon a small 60-key, four- or five-star boutique hotel and associated infrastructure. However, Discovery also indicated that their program is a "working" project site plan and that the development phasing is flexible, and would be further defined as a result of meaningful interaction with the City and review of market demand and overall economic conditions. Discovery is known for developing and operating high quality resort residential communities. They have established two premiere single-family residential communities in La Quinta and have a strong portfolio of similar quality developments in several states as well as the Bahamas and Mexico. Meriwether Companies Meriwether Companies is proposing a multi -phased development strategy. The initial phase envisions two hotels: a 75-key, five-star boutique hotel and a 200-key, four -star lifestyle hotel. In addition, the first phase also includes up to 100 residential units and an interim civic and cultural event space. The entire development proposal identifies a total of six development phases scheduled over a nine-year period. Meriwether Companies is a California and Colorado based company with resort residential projects located in Colorado, Montana, Utah and California (Rancho Mirage)• Meriwether is also partnering with The Robert Green Company to develop the hotel properties. This firm has developed resort properties in Sonoma, Palo Alto, Carlsbad and San Diego, California, and Jackson Hole, Wyoming. Negotiating Period If the City Council selects a developer, staff will then work with the selected party to generate business terms. The Council would be kept apprised during this process. Once the terms have been established, they will then be reviewed by the Council before a property disposition and development agreement was prepared. Staff feels that both parties should be able to develop the business terms within a 90 to 120 day period. If not, then staff would recommend seeking another developer. ALTERNATIVES: Staff feels that the only alternative to the recommended action is not selecting a developer at this time. While it would be desired to negotiate with more than one development entity, discussions with these entities to date indicate they are seeking an exclusive versus an inclusive status regarding SRR development opportunities. submitted, Yes Johnson Community Development Director Attachments: 1. SRR Map 2. Developer Proposals 2�� ATTACHMENT # 1 228 [ATTACHMENT # 2 b. 229 Beverly Park Development Group February 14, 2013 Dear Frank and Les, Per your request, please find my response to your letter dated January 31, 2013. SilverRock Development Summary Beverly Park Development Group is proposing three, one-two story boutique luxury destination resort hotels including an 18-hole championship signature golf course (See updated 24 x 36 site plan). The extraordinary synergy of a world -class Wellness Resort Retreat, a 4-5 Star destination resort and a 4 Star family destination resort will offer an unforgettable experience that will keep worldwide guests returning year in and year out. A 60,000 sq. ft. day spa/fitness center will be shared by both resorts and will be available for use by the entire community. All of the above on the 283 acres will be developed in one phase and will be completed within twenty-four months of groundbreaking (See Turner Construction schedule). The breakdown of the three hotels, comprised of 600 keys, is as follows: 100 keys will be designated for the Wellness Resort Retreat. This component will be at or above the level of world -class destination spa resorts such as Canyon Ranch and Miraval. Their spa facilities will be completely separate and dedicated for this Retreat alone. This Wellness Retreat will be self-contained and made private through the use of landscaping and waterscaping. The Retreat will be for guests who primarily stay in 4-7-14 day intervals in the one-story Pavilion Suites and rooms. 150 keys will be designated for a Starwood Luxury Collection -type boutique destination resort (See our "Marketing Strategy" page in the Beverly Park Development Group Presentation to the City of La Quinta August 2012). It will be built at the level of a 5 Star resort comprised of a magnificent hotel main building with 150 luxurious Pavilion Suites and rooms, including five Presidential and Celebrity Paradise Pavilions, on the adjacent grounds. All Pavilions will offer an unparalleled "home away from home" experience through design, furnishings and 9107 Wilshire Boulevard, Suite 260, Beverly Hills, CA 90210 310-713-2867 4 1 230 amenities. There will be a breathtaking pool with cabanas as well as a fabulous family activity pool, both overlooking the existing lake. 350 keys will be designated for a 4 Star Starwood-type brand boutique destination resort. This component will focus on mainstream vacationers at competitive rates, the emphasis being on families, couples, singles, conventions and weddings. The 350 Villa Suites and rooms, including eight Presidential, Honeymoon and Executive Paradise Villas, will be on the adjacent grounds. All Villas will offer an unparalleled "home away from home" experience through design, furnishings and amenities. Besides its separate family and children's pools, there will also be a separate, dedicated pool for singles and couples with its own music and atmosphere. The above 600 keys and the main hotel resort buildings will be an unparalleled experience in the Coachella Valley. The magnificent setting on the lake and nestled against the mountains will be the home of the first luxury destination resort in La Quinta in 80 years - but our exceptional environment will go beyond that. There will be a beautiful state-of-the-art spa and fitness center exclusively for the use of the Wellness Resort Retreat guests. Another approximate 60,000 sq. ft. state-of-the-art day spa/fitness center will be for the use of Hotel Resorts' guests as well as for the desert community. Our magnificent architecture and landscaping, fabulous restaurants, unparalleled service, and unrivaled activities for all ages will be unprecedented in the desert. A state-of-the-art tennis facility will include a stadium -style center court which can double as a black box/performing arts theater as well as a cultural and fundraising events venue. Our approximate 50,000 sq. ft. restaurant and retail plaza component will be anchored by a farmer's market, restaurants, sports bar and retail. State-of-the-art technology will be included in the plaza to entertain the community with music, videos, movies, and light shows. Beverly Park Development Group will build and financially underpin the restaurants, market, and retail by partnering with the tenants. The financial underpinning will ensure that the desired high -quality tenants will be attracted to our complex. 2 231 We will build a new approximate 30,000 sq. ft. Clubhouse at the same time as the 18-hole golf course. The Clubhouse will be dedicated for public use as well as for the use of the Resorts' and Wellness Retreat's guests. The Clubhouse will be built consistent with the prescribed and entitled Specific Plan. In reference to your financing question, there is a letter in Frank's possession from my partner that states assets in excess of $3,000,000,000 (three billion U.S. dollars), with $750,000,000 (seven hundred fifty million U.S. dollars) specifically committed to our development at SilverRock. There will be no risk in obtaining a loan, if so desired, because of our ability to securitize a loan with our existing assets. This would remove any financial risk to a lending institution. It is estimated that from the 600 keys, the City would receive approximately $100,000,000 in Transient Occupancy Tax and Sales Tax over the period of ten years ($80,000,000 T.O.T.; $20,000,000 Sales Tax). For clarity, all 600 keys will be available to generate 100% of their T.O.T directly to the City every night (There will be no residential/fractional component). As previously stated, a completion bond will be issued. For clarity, we are not asking the City for any financial involvement, including the Clubhouse, which will be shared with the City/Municipal golfers. All American Canal: My opinion is that the existing canal should be abandoned and filled in. I am willing to contribute funds not to exceed $9,000,000 (nine million U.S. dollars) toward construction of new underground pipes which would replace the canal and run parallel to Jefferson Street and 541' Street. My costly infrastructure and potential future liability for the 283 acres requires that a permanent ,and safe approach be chosen•. For clarity, the not to exceed $9,000,000 (nine million U.S. dollars) contribution is subject to: (i) a fair market value (professional appraiser method) being established and agreed to for the 283 undeveloped acres at SilverRock, (ii) my being selected as the owner/developer of the 283 undeveloped acres at SilverRock, and (iii) the developers agreement being agreed to and signed in a timely manner. 3 232 My first choice of a world -class hotel chain, as previously stated, is Starwood Resorts and Hotels Worldwide Inc. Through multiple conversations and one meeting, we have learned that Starwood Resorts is extremely interested in our concept and in the opportunity that it affords them to have multiple flags in one premier location. They said that they "would love to be involved." Once we are chosen as the developer for SilverRock, Starwood Resorts would then go to their next steps of review. The cost of completion of the entire project is presently estimated at $600,000,000 (six hundred million U.S. dollars). Turner Construction Company is presently estimating that the workforce would average daily in excess of one thousand employees over the twenty-four month construction period. Future employment on a full-time basis for a 600 key resort collection would be in the range of 900 employees. I am pleased to say that this will become a great opportunity for employment and stimulus for La Quinta and for all of the neighboring cities. I have already spoken with Elaine Holmes, the Mayor of Indio, in regard to my helping advance the College of the Desert's Hospitality curriculum in anticipation of our future needs. My concept was very well -received by Mayor Holmes. Our belief in our future success is based on the present void in the market as well as in our vision to bring a world -class destination resort collection of incomparable quality, service, and vacation guest experience. In summation, our eco-friendly residential -feel collection of destination resorts will promote wellness, life improvement and the great value of a total -experience atmosphere. The ultimate in a vacation experience for every age will be addressed through the highest quality staff, gracious attitude, and inviting atmosphere. Hiking, cycling, and ballooning in this rarefied desert setting will be complemented by horseback riding and other offsite activities. Swimming, wave pool activities, water and beach volleyball, bowling and basketball, tennis and golf will enhance our guests' onsite enjoyment. 0 ,t_ 2 3 3 The luxurious spas and state-of-the-art fitness centers will speak to the spiritual and physical well-being of each guest or community member through yoga, Pilates, mediation and stress -relieving classes as well as through the use of the fitness center. Children will be entertained through a multitude of activities including a fabulous water activity pool and Resort Sports Camps. Singles, couples, and honeymooners will enjoy the secluded pool with its own lushly landscaped atmosphere, live music, and swim up bar. At night, this area will become an indoor/outdoor nightclub. Our convention and wedding event space will enjoy a magnificent setting on a lush lawn overlooking the lake, mountains and sunsets. Through expert departmental structure, we will secure a year-round business of convention, meeting, philanthropic and wedding events. Our in-house wedding and event planners, banquet department and florists will expertly plan and execute each event, large or small, in our variety of event spaces. Wellness, spa, golf, meeting and wedding packages will create the "buzz" that is the life -blood of a well -managed successful resort. Through dedicated and caring staff, commitment to service at the highest level, and belief in our message of total well- being, we will bring an invaluable and incomparable asset to the City of La Quinta. Beverly Park Development Group's world -class project team for the development at SilverRock consists of: Turner Construction Company Brendan Murphy -- 949-279-9377 -- Anaheim, CA JZMK Partners, Architecture Planning Eric Zuziak -- 949-861-4600 -- Irvine, CA Latham and Watkins International Law Firm Industry Leader in Hospitality Steve Stokdyk -- 213-891-7421 -- Los Angeles, CA Deloitte Touche LLP Accounting Firm Benjamin Fried -- 213-688-3338 -- Los Angeles, CA F 23;1 Y LifeScapes International Industry Leader in Resort & Hotel Landscapes Julie Brinkerhoff -- 949-476-8888 -- Irvine, CA Wilson Associates International Resort & Hotel Interior Design Trish Wilson -- 214-521-6753 Jerry Beale -- 323-651-3234 -- Los Angeles, CA PKF Consulting Hospitality Bruce Baltin -- 213-861-3309 -- Los Angeles, CA MBA Productions Interactive and Stereoscopic 3D Projects (Lighting and Special Effects) Marty Brinkerhoff -- 949-660-9396 -- Irvine, CA Inter -Communications Inc. Strategic Marketing and Branding for Resort Projects Worldwide Tony Alexander -- 949-644-7520 -- Irvine, CA Please see attached presentation information: 1. The Beverly Park Development Group Presentation at the City of La Quinta August 2012 2. Eleven pages of Imagery Presentations from JZMK Partners 3. 24" x 36" Updated Master Site Plan 4. Turner Construction Company Preliminary Timeline Schedule Sincerely yours, Brian D. Adler 6 235 ' � Y � A^!$4K Wn{pp 1_ 91 g Ae F F Z X< f r 3 ^ ° ;.'�'� 'e t{`.:a�kJs+ti` -w.... "„�. k.�mt { 1P s ri�+.l {r•w'�'}5iyv aj`� i m i z i All , Y r . t M , ' t S i el � t 236 1 s: I j� 44?. OF �rl YYY y w Z ZI I 3 �� au t LLJ J :•,�. SITE PLAN AND SPA AT 'SILV.,ERROCK - CALIFORMA - - - - - J Z M K --I O'L' o A R T N .. R 5 _ -- ^_022 2012�11 DITMARS BRADFORD INVESTMENTS LTD April 8, 2013 Mr. Brian Adler Beverly Park Development Group 9107 Wilshire Boulevard Suite 260 Beverly Hills, 90210 CA USA Re: SilverRock, La Quinta, CA Dear Mr. Adler: Thank you for your good updates on the progress you have made in the selection process on the above referenced project. We do hope that you will be selected by the City of La Quinta to be the Developer of the Project. As a follow up to our letter dated October 1, 2012, we are pleased to advise based on your request, that we will establish a segregated account for the Project, in one of our banks in Switzerland within the next ten (10) banking days, wherein we will provide the first tranche of funding in the amount of One Hundred Million United States Dollars ($100,000,000.00). As discussed, this should be sufficient to complete the property acquisition and the first year's construction expenditures. Once established, we will provide the name of our bank officer and all the details that you will be in the position to verify the availability of the funding for the Project. If you will need to have third party verification of the funding, we will facilitate this through an International Law firm. Again, we will provide you with all the details as soon as the funds have been segregated for the Project. Our bank and the Law firm will confirm that we are committed to the funding of all the costs to complete the entire development. Such funding will be made available in conformance to a disbursement schedule that you will provide to us as soon as you are in the position to do so. We wish you the best of luck in your endeavors. Sincerely, Ditmars Bradford Investments LTD Selvin S. Green. DITMARS BRADFORD INVESTMENTS, LTD A MARSHALL ISLANDS COMPANY 1-2 Kentish Buildings, Borough High Street, Registration No: 56328 London Bridge, London SE1 1NP. UK - Trust Company Complex, Tel: as (0) 771971 2429 Ajeltake Road, Ajeltake Island, Majuro, Marshall Islands, MH 96960 2�4 4� =-��l W April 8, 2013 Mr. Brian Adler Beverly Park Development Group 9107 Wilshire Blvd., Suite 260 Beverly Hills, CA 90210 RE: SilverRock Resort Dear Brian: Please accept this letter as our expression of keen interest in the proposed boutique resort and related development of SilverRock. Auberge Resorts has been looking for the right hotel opportunity in the Coachella Valley for almost 15 years. On several different occasions in the past, we looked carefully at SilverRock for a resort hotel and residences. We concluded that the SilverRock development was the most attractive setting and opportunity for an Auberge Resort; however, because of the very challenging development and financing climate of the past five years, nothing went ahead, much to our regret. The vision that you have presented for the development of SilverRock is compelling and exciting. We think the climate is just right today for the proposed development of this best in class resort community. We are very excited about the prospect of becoming the boutique hotel operator, and we are ready, willing and able to proceed. We look forward to the next steps. With ' d regards, Mark T. Harmon Chief Executive Officer DOI MEOWOOD HIGHWAY. SUITE 3100. MILL VALLEY. CA CA941 1 41 G.300.3AG0 PH ; 415.300.3 S1 M YVIMYKAUGQppiEG010l.COH � 245 Brian Adler Beverly Park Associates 2io North Canon Drive Beverly Hills California 90210 Dear Brian, v� ��-e 7`h April 2013 Project at SilverRock,.La_Quinta It was a great pleasure to meet you yesterday and to have the opportunity to discuss your exciting vision and plans for SilverRock in La Quinta. I can see the enormous potential that exists at this site to produce a world -class golf course and resort. As you know my wife, Linda, and I have been La Quinta residents for 20 years and it is a very special city. Based on my observations of the resorts in the valley, your vision would raise the bar considerably and be a huge asset to the City of La Quinta and all its residents, both in terms of local employment and prestige for the City. I would welcome the opportunity to work with you on the SilverRock project. As we discussed, I have an agreement with Jack Nicklaus such that our two design companies can work together on special projects. I greatly look forward to seeing you when you come to the Desert when we will have an opportunity to spend time together and discuss plans for the future. Perhaps you could let me know any potential dates you have in mind? I would like to wish you all the very best with your proposals to the City of La Quinta. I think this is a wonderful vision. Kind regards, CLVE CLARK 79454 Liga, La Quinta, California 92253 Tel/Fax: +1(760) 771-0400 Email: cclark2@dc.rr.com Web: www.cliveclarkdesign.com 246 Elft all MGM HOSPITALITV MICHAEL EVANS Chief Operating Officer April 9, 2013 Brian Adler, Chairman Beverly Park Development Group 9107 Wilshire Boulevard, Suite 260 Beverly Hills, CA 90210 Re: SilverRock Development Opportunity Dear Brian, Thank you very much for presenting MGM Hospitality ("MGM") with the potential opportunity to partner with you on the SilverRock project in La Quinta, California (the "Project"). This is clearly an exciting opportunity and, while additional due diligence is necessary, it is certainly the type of project that MGM would like to pursue for both our Bellagio and MGM Grand brands. We are confident that the combination of your extensive development experience together with MGM's unique ability to create and operate world -class entertainment oriented destinations would result in the Project being one of the most successful resort development projects in the greater Palm Springs area. To that end, please let us know once you have been selected as the developer for the Project, so that we can finalize our discussions regarding the terms for MGM's operation of the hotel, food and beverage, and other entertainment components of the Project. Again, thank you for your interest in partnering with MGM, and please do not hesitate to let me know if you need any additional information as you move forward with the process of securing the Project. Sincerely, Michael R. Evans 3799 Las Vegas Boulevard South, Las Vegas, Nevada 89109, USA P+1.702.891.3318i4 247 ORIENT -EXPRESS Orient -Express Services Limited 1st floor Shackleton House 4 Battle Bridge Lane London SE1 2HP England 10" April 2013 Dear Mr. Brian Adler, Subject: Letter of Interest — Silver Rock Development, La Quanta California. Thank you very much for the opportunity to introduce Orient -Express with regard being the potential operator for a luxury hotel within the Silver Rock Resort, La Quinta. Orient -Express is a luxury hotel company and sophisticated adventure travel operator which seeks to deliver memorable experiences that are the ultimate expression of each destination's authentic culture. The Company has offered exceptional luxury travel experiences since 1976, when it purchased Hotel Cipriani in Venice and then shortly thereafter recreated the celebrated Venice Simplon -Orient -Express train experience, linking London, Paris and Venice, along with other European cities. Today, the Orient -Express portfolio Includes 45 hotel, cruise and luxury rail businesses in 22 countries. In North America, Orient -Express currently own 3 iconic hotels along with the "21" Club restaurant in NYC. Our collection of hotels is dominated by historic and iconic structures, and our expansive base of high -end clientele would warmly welcome a presence in the Palm Springs Desert community of La Quinta to complement our 92 key world class El Encanto hotel in Santa Barbara, which opened in March. Attached is a brief overview of Orient -Express, which we hope you find informative. Orient -Express are extremely excited about the possibility of working with you once you have hopefully been appointed as the approved developer. We understand that you have the project fully capitalised and it will be our intention to appoint our Regional Vice President Ali Kasikcl to carry out the due diligence process. Ali has highlighted to our senior team that he is very confident in your ability of ensuring this unique development opportunity is realised. Yours sincerely, Alex Andjel Development Director Orient -Express Services Limited, l" Floor, Shackleton House, 4 Battle Bridge Lane, London SE12HP Telephone: 020 31171300 Reservations 0845 077 2222 Facsimile: 020 79214777 Orlent-express.com .Js243 aealatered ONla: t• Flwn S�a<Metan Mwtt,1 aaNle BrldR Vn<.lundon SEi ENP. ae®stared in ingbnd Na 9�66aE rr c nn oAu FEB 22`2013 .;rlrY Gf {PyyIH lR Y rir.,MA.YAGta $ OiPi t February 22, 2013----- Mr. Frank Spevacek City Manager City of La Quinta 7RA95 Calle Tampico La Quints, California 92247-1504 Dear Frank: On behalf of Discovery, thank you for your time over the past several months as we have evaluated and presented our initial ideas for the future development opportunity at SilverRock. We believe SilverRock has significant potential to be transformed into a successful fully integrated lodging, golf, commercial retail, and residential community. In direct response to your Developer Selection letter, we have sent a presentation package under a separate cover that includes our initial development program and community concepts that can be used as a conceptual base line to begin a collaborative design process between the City of La Quinta and Discovery Land Company. We understand the,needs of the City and strongly believe that Discovery is the right developer to start this joint planning effort. Our local experience with The Hideaway, Madison Club and The Thermal Club allow us a unique and powerful team of creative and experienced development personnel typically not found in any one market. Our overall long-term vision for SilverRock is as a world -class mixed -used resort development designed for both local residents and seasonal visitors. Below is a summary outline of Discovery's initial development plan that is included in SilverRock presentation package. Project Planning • Phase one development would begin at the center of the project with a Boutique Hotel as the anchor to the initial phasing of the Village core. • The overall development program, included on page 20 of the presentation book, includes the initial thoughts on product types, uses and unit size. • The "working" project site plan, located on page 21, provides an overview of the land uses, project density and integration of the resort components. • . The project phasing needs to be collaborative effort with the City and both flexible enough to meet market demand and general economic conditions. • The estimated value of a phased approach has many variables and until we begin a meaningful interaction the value can only be loosely fully defined. 249 Hotel Flag • The Grand Hotel flag has yet to be determined. Discovery has long-term relationship with the senior management at all of the recognized 4 and 5 star lodging organizations. Once the SilverRock master plan is mutually crafted to a point where we know what level of quality and the desired "personality" of the main hotel we would then call upon these relationships to create a hotel development and operations agreement. Project Underwriting Discovery Land Company takes a very thoughtful approach to project funding. DLC raises 100% cash equity to meet the projects peak capital requirements. Construction financing is typically eliminated and the sales proceeds are re -invested until the project reaches a sustainable positive cash flow. This process mitigates much of the typical development risk that arises from using debt financing and also protects the current and future reputation and value of the City and project. Canal Relocation We have had several conversations with City Staff, Council Members and the Mayor regarding various issues and concerns related to the canal. We will more specifically address possible solutions to this challenge once we obtain more detailed information. To reiterate our position, Discovery Land Company would propose starting a collaborative planning effort exclusively with the City of La Quinta, City Manager and Community Development Director to determine the ideal approach for the resort development at SilverRock. DLC will commit our planning and development expertise, project analysis and most importantly our collective time to the Project. If after this interactive process we mutually determine that Discovery is not the best fit for the City, Discovery will work with the City to identify and recommend other experienced and capable developers that may meet its needs. Thank you for your consideration. 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III m ulunlltnl N rF �1 FFO (I S I -e Z `E• i V M d m n i 0O 0 p 0 L r m S w m i F• E'� 0 0 m` O Z T y Z p? y 0= O m J 0 W u 0 0 N W U c E c G E t, A - >o °o p QYQ -op`pr RO C P U 9 O h,V e°o�U m o = W C c °, O 0 m (3 b W £ O q Q tl y y T> wo F �r o y 314 ,�. 4-�R1 WET HER CO M P AN I ES FEB 2 2 2013 February 22, 2013 ruy 7—'AoFT_A ----°� WW'.tPSPTrIT -- . Mr. Frank J. Spevacek V City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Re: SILVERROCK RESPONSE TO CITY REQUEST FOR INFORMATION Dear Mr. Spevacek: On behalf of Meriwether Companies, thank you for the continued opportunity to work with the City of La Quinta on the SilverRock Resort development opportunity. Per your request, the attached documents and exhibits provide detailed responses to the questions posed in your letter dated January 31, 2013. We are pleased with the favorable response to our prior submittals and continue to work diligently to both refine our plans and prepare for phase one development. A key component of our revised phase one is delivery of two separate hotel properties including a 5-star boutique property and lifestyle resort hotel. The programming of these hotels was developed in conjunction with The Robert Green Company and envisions these properties as separate brands with a shared operator. The combined impact of efficient hotel programming, shared common amenities and blended overhead, in concert with negotiated financial incentives customary in the local market, should result in a hotel which is economically feasible and sustainable for the long-term benefit of La Quinta and SilverRock. We would appreciate the opportunity to meet City staff directly in the coming weeks to answer any remaining questions you have regarding our proposal and capabilities. As you are aware, Meriwether's principals are responsible for the development, entitlement and sale of more than 40,000 acres in states including California, Montana, Utah and Colorado. City staff is invited to visit any of these properties and, in addition, we may schedule visits to Southern California resort properties developed by The Robert Green Company. We remain convinced Meriwether, Companies is the ideal sponsor for SilverRock Resort. Again, thank you for your continued cooperation and diligence. Should you have any questions regarding this submittal, please do not hesitate to contact me directly at (424) 272-0470. Sincerely, ' " ' '� '41, Graham B. Culp Managing Partner, Meriwether Companies cc: John Gavin, Sterling Bay Companies Robert Green, the Robert Green Company Bo ULDER, CO + Los ASGELES, CA info CCmeriwetherco.com + meriwetherco.com 315 TO DOWNLOAD A FOLDER CONTAINING THE FOLLOWING GRAPHIC MATERIALS REFERENCED WITHIN THIS DOCUMENT AND ATTACHED THERETO, CLICK HERE OR PASTE THE FOLLOWING LINK INTO YOUR WEB BROWSER: httns:Hrceconsult.sh a reriile.com/d/s7563249e7Of4a768 THE FOLDER CONTAINS: - CONCEPT NOTEBOOK — Meriwether's concept for SilverRock Resort, previously submitted to the city - CONCEPT PLAN — Hi -resolution version of the Concept Plan Meriwether has envisioned for SilverRock Resort - PHASING PLAN — Hi -resolution version of an updated Phasing Plan which reflects the development phasing proposed in this response to the city's questions - TIMELINES — Hi -resolution versions of development timelines for Phase 1 and Buildout scenarios, which reflect the development phasing proposed in this response to the city's questions z QUESTIONS & ANSWERS Q: A summary of your firm's overall vision for all SilverRock development (both public and private) A: Meriwether previously presented concept materials to the city expressing the overall vision for the project based on its understanding 'of the SilverRock property, its' history, and market opportunities and constraints. While details of our submittal continue to be refined, the overall vision for SilverRock remains the same (See EXHIBITS 2 & 3, attached). In summary: Meriwether envisions SilverRock will jointly satisfy its' private and the city's public objectives as stakeholders by: • Creating a realistic and detailed business plan which generates the financial returns necessary to attract private development capital; and Achieving an intelligent blend of land uses which result in long-term, recurring economic returns through the development of private resort hotel/hospitality/retail development to generate TOT and sales tax, and enhance property tax values; and provide La Quinta residents access to world class golf and recreation experience at reduced rates. Meriwether proposes to accomplish the stakeholders' objectives by: Bringing to bear the best resources and talents to refine the programming and planning concept, resulting in a compelling evolution of destination resort product that will set SilverRock apart in the competitive field. • It is anticipated that a successful SilverRock plan would embrace the following principles: o Irreplaceable Attributes. Exploitation and building upon the unique characteristics, such as La Quinta's history/authenticity, and the pristine site setting/location o Inclusivity. Broad appeal in both the mix and accessibility of resort product and price points, as well as frequent site use by locals and residents who would regard SilverRock as an integral part of the community, rather than an exclusive, somewhat inaccessible resort environment o Forward Thinking and Multi -Generational Appeal. The next generation of consumers will be searching for new experiences. Rather than re -hash versions of what has been done previously in the Coachella Valley, SilverRock should incorporate innovative concepts that will uniquely appeal to the emerging multi - generational markets and satisfy divergent tastes and preferences in hospitality and recreational pursuits. Q: Identify the phase 1 development your firm would implement and the rationale as to why your firm believes this proposal would be successful A: Based on feedback from our development partners, the City Council and City staff, Meriwether continues to adjust the proposed phase one development schedule and programming. A highlight of the revised phase one programming is the simultaneous construction of two hotel properties (as explained in more detail below). The revised concept reflects current Vends in the resort market and provides a concept that can be financed through completion. The following is our current proposed first phase of development (See EXHIBIT 4, attached): 117 Phase 1 Development: Master Site Improvements Meriwether proposes to construct the following master site improvements, acting in the role of master site developer, in the fast phase: SRR PHASE 1— PROPOSED MASTER SITE IMPROVEMENTS PLANNING ACRES LAND USE DESCRIPTION AREA Project Entry Amenity Main project entry from Jefferson Street access 4 10.0 Boutique (Luxury) Hotel & Luxury Hotel and Residential pad ready for site Bun slows development 5 Resort (Lifestyle) Lifestyle Hotel and Residential pad ready for site 20.0 Hotel & Garden development Villas Civic/Cult. Use Performing Arts Hub with amphitheatre, black 8 8.0 Area/Village box theatre, green lawn event area, and Cabanas hospitality oduct ready for site development Backbone infrastructure ("Master Site Improvements/MSI") stubbed to PA 6/River Walk & Mercado ready for extension into the mixed -use village and beyond, into PA 7/Resort Residential Village. It would be Meriwether's intent to bring forward the extension of the MSI for the River Walk & Mercado and Resort Residential Village product on the heels of the hospitality product, as part of a formulaic strategy to carefully manage and optimize the synergies of the land use palette. This extension would be subject to meeting the performance standard criteria agreed to as part of the DDA. * MSI stubbed to the Civic/Cultural Use Area would offer interim uses to incubate what is hoped to ultimately be the pre-eminent hub of artistic and cultural events in the City. Phase 1 Development: Hospitality Product Meriwether is focused on the necessary steps to bring forward a hospitality component. In November 2012, Meriwether submitted a letter addressed to the city from The Robert Green Company ("RGC"). RGC is a commercial real estate development company, headquartered in Encinitas, California, which specializes in hospitality and mixed -use hospitality, residential and retail projects. The company has developed several notable projects in Southern California. Meriwether has advanced the dialogue over the last 3 months with RGC principals, entering into a Memorandum of Understanding for a working relationship focused on SilverRock. RGC proposes to bring forward a concept and brand for SilverRock that is discussed in greater detail below. Success Rationale ➢ The significance of the financial commitment to MSI and bringing forward a hotel development partner and brand cannot be understated. A viable hotel concept is necessary to satisfy the City's mission statement for SilverRock. Critical Planning Areas identified for hotel and hotel -associated residential development are delivered at the beginning of the project. 313 ➢ At the same time, critical backbone infrastructure is stubbed for easy extension into other planning areas regarded as vital ingredients in the land use formula. The expedient availability of backbone infrastructure should allow the other planning areas to be brought online as market considerations warrant. ➢ Meriwether stated that La Quinta's historic connection to the arts should be an important project component. The phasing proposed advances this premise. Q: Include the following linjormation concerning Phase I development]: Q: The SilverRock property needed to accommodate this development proposal A: The Phase 1 land takedown includes Planning Areas 4 and 5, consisting of the Boutique Hotel & Bungalows and the Resort Hotel and Garden Villas sites, comprising approximately 30 acres. In addition, the underlying land required to build the project's Jefferson entry and circulation would also be required. As a by-product of infrastructure development, the cultural use site would be serviced as well, creating opportunities for staging of events. Q: The land use mix and anticipated size or amount of each use A: See table below: SRR PHASE 1— PROPOSED LAND USE MIX PLANNING LAND USE KEYS/UNITS AREA ACRES DESCRIPTION Boutique Full -service, high -end luxury boutique 4 10.0 hotel brand with residential product (Luxury) Hotel component Hotel 75 Avg 1,100 s.f. Luxury hotel rooms Residential Residential units associated with the Product 25-40 luxury hotel; 2,200 — 3,200 s.f w/1- bedroom lock -off unit subtotal 10.0 100 -140 Resort Lifestyle, full -service resort hotel with 5 20.0 (Lifestyle)Hotel residential product component Hotel 200 Avg 850 s.f. Lifestyle hotel rooms Residential Residential units associated with the 40-60 lifestyle hotel; 2,100 — 2,800 s.f. w/1- Product bedroom lock -off unit subtotal 20.0 240 - 260 Civic/Cult. Use Interim event "green space" to incubate 8 8_0 Area/Village 0 civic and cultural event site Cabanas TOTAL 38.0 340 - 400 Q: The planning, construction and opening schedules A: Meriwether is prepared to quickly negotiate the necessary agreements, commit significant capital to undertake the planning process, and initiate development to deliver the land uses embodied in our concept. We have updated timelines previously presented to the city reflective of the Phase 1 development, as well as a build out scenario should Meriwether meet performance thresholds 319 negotiated with the city as part of a DDA (See EXHIBITS 5 & 6, attached). A summary of the Phase I timeline is as follows: - Exclusive Negotiating Agreement Executed - April 2013 - DDA Executed — September 1, 2013 - Approvals Completed/Phase I MSI Commences — October 1, 2014 - Phase I Intract Construction Commences — February 1, 2015 - PA 4 Luxury Hotel & PA 5 Lifestyle Hotel Vertical Commences — June 1, 2015 - Phase 2 MS1 Commences (with commitment to proceed) —April 1, 2016 - PA 4 Luxury Hotel & PA 5 Lifestyle Hotel Opening — January 1, 2017 Q: The estimated value of the phase 1 development proposal A: Phase 1 Only Master Site Improvements, including Backbone Infrastructure, Contingency, and Soft Costs & Development Fees preliminary estimate is: $19,873,340 SILVERROCK RESORT MASTER SITE IMPROVEMENTS PRELIMINARY COST ESTIMATE 19-Feb-13 PHASE 1 ONLY BACKBONE MSI S 13,340,967 CONTINGENCY S 2,668,193 SOFT COSTS & DEV FEES S 3,864 179 TOTAL $ 19,873,340 OVERALL Description PLANNING AREA(S) UNITS Subtotal BACKBONE MSI PHASE 1-eangae wreu ea,yaa,... ae.n owns cram vim,.pnbmYrq am nae PHASE 2 • wpwwnXarmn.°p.par.anemnn.waeXmrvNay, _ _ __ 4, 5, 8 _ 6, Por. 7 451 195 $13,340,967 $1,104,800 _PHASE 3 -.,,. rt.mnww.,mnvrnave _ _ Par. 7 _ 23 _ $2,706 007 PHASE 4-nem.a.,w,rawuemmv„I,ge.Lot 33LOSpo°,Center Rem. 7,11 78 $953,000 PHASE 5-.,°,,,.,e..,.,,.n,.,.°o,,,.,,e,Ne„°„w,e.,, 1, 2, 3, 4, 9 339 $4,222,213 1,086 $22,326,987 INTRACTS Boutique Hotel & Bungalows ---- Lifestyle Resort Hotel & Garden Villas 5 Mercado & Riverwalk ___ ____________ 6 $4,578,658 Resort Residential Villa e 7 _ $8.020.533 Subtotal ---F-1,0861 $12,699,191 CONTINGENCY 20°/q $6 985 236 SOFT COSTS &DEV FEES $ 7,728,358 Grand Total $49,639,557 NOTES I AIaYttSklm uraXeOlow realhrelnpme tpaJ,. NWnp atra±,a �fAlrir,aM rvlces=lrykN�re,. wPnY a $ IWarq u:Ym nJSeX uss.�alaW ^I r .,p nrxp(a`I e.e pnm, ;C YL't �pwfm rmr�men�ca�iv ealgr„ms ae,e�c.eeXa r5alrcevyis otvM.nw n:.m mmN. <omyeea ae a.eck upm rry,ev e..icie.xre E,Gna'.ez,l, 4a rery p,lrni'ary aeG wgeCWCNrpe Spme A,. uryrmaler•aviceY lop, rXe CS, of •ems a.,.a ef. mar., R3l Eq,e pr lM Srrrerflan flemrl Gee,nkr^a'.gnaWmY.anlrpr- u.aa,lc au�� Comeq pnn 3?QI Q: Identify the hotel/resort flag you would secure for the phase l development and outline your firm's relationship with this entity A: In conjunction with RGC, Meriwether has developed a unique concept to accomplish development of two separate hotels in the first phase of the development. As a general trend, luxury resort operators are extending their brands to create lifestyle brand concepts. As stand- alone resorts, neither the luxury resort nor the lifestyle hotel would be realistic to finance and complete. Meriwether's concept is to build a small 5-star luxury hotel (75 keys) in addition to a 200-key lifestyle hotel. Both hotels would share a common operating company and benefit from (i) shared operating expenses such as general management, administrative, and accounting, and (ii) shared facilities such as spa, employee back -of -house, fitness, overflow parking and tennis / sport courts. This "complexing" allows hotels to both operate efficiently and scale -up during peak demand periods or to accommodate conference groups. Discussions are underway with an established 5-star operator who has vetted the concept with RGC. A site tour is pending for early March, at which time City staff will be invited to participate in the tour. While specifics on the operator cannot be publically shared at this time, please note RGC maintains active relationships with several operators including Montage, Four Seasons, St. Regis, and Starwood Hotels. Meriwether identified The Robert Green Company as a potential partner for SilverRock in mid- 2012 and; subsequently, shared a letter of interest from the firm in November, 2012 (See EXHIBIT 1, attached). Q: Identify any other end users the phase 1 development would accommodate A: Meriwether believes the proposed Phase 1 development program offers the following corollary benefits: Seeding of inclusive community elements by delivering the MSI for the cultural use site, which could be developed as interim green space for civic and cultural events to incubate the ultimate uses, which are integral to the identity and branding of SilverRock Delivery of infrastructure to the boundary of PA 6, the River Walk & Mercado site, allowing for logical, expedient extension of infrastructure and bring forward this major SilverRock identity and branding element Q: Identify the anticipated underwriting strategy for the phase 1 development including the approach to securing equity, and construction and permanent financing A: Meriwether believes there are three layers of capital necessary to effectuate completion of the proposed phase one development. A summary of the necessary capital commitments is provided below: Tier 1 / Planning & Permitting — Meriwether will internally capitalize pre -development expenses including (i) negotiation of a definitive agreement between the City of La Quinta and Meriwether, (ii) preliminary planning including the determined Specific Plan compliance mechanism, (iii) appropriate corollary environmental documentation, and (iv) completion of tentative tract mapping. The estimated capitalization of this phase is $750,000 to $1,000,000. In addition to funds set aside from Meriwether's operations, the partnership group provides more than $30 million of liquid net worth. Further, a core investor in each of Meriwether's projects with a net worth in excess of $100 million has expressed an interest in assisting with I- 321 this tranche of capital. If necessary, further qualification of our capability to fund Tier 1 costs is available at the request of City staff. Tier 2 / Master Site Infrastructure — Based on detailed preliminary development estimates, the total master site infrastructure ("backbone" infrastructure) is $22 million. Of this budget, Meriwether's phase 1 concept is $13 million. The total capital commitment for phase one including backbone infrastructure, development fees, soft cost and other improvements is estimated at $19 million. In September, 2012 and in a subsequent conference call, Sterling Bay Companies expressed their commitment to Meriwether and the City of La Quinta to pursue an investment in SilverRock Resort. Meriwether's strong existing relationship with Sterling Bay is based upon our ongoing role as an asset manager for a 6,000 acre private golf and ranch community in Park City, Utah. As outlined in their letter to the City, Sterling Bay is well capitalized and capable of performing as master site development partner. It is likely Sterling Bay would choose to participate in further build out of the site in subsequent phases. Tier 3 / Hotel & Resort Development — The current economic development for resort and hospitality development in vacation markets is difficult. Meriwether's careful planning, in conjunction with the RGC, has resulted in a viable concept. The capital structure for the hotel and resort will likely include a combination of equity, traditional debt and non-traditional financing such as immigrant or "EB-5" financing. In order to finalize the capital structure, the following must be provided: A) Evidence of Ability to Complete Master Site Infrastructure — the hotel development sites must be fully ready to build with all off site work completed, as contemplated in Meriwether's proposed phasing plan. B) Economic Incentives — in conjunction with City Council and staff, Meriwether will formulate a set of incentives to attract development capital for the hotel. These economic incentives are deemed likely in order to establish a level playing field in the local market to attract a best -in -class hotel partner. The benchmarks for an incentive program will be those established in recent, well -publicized partnerships between Valley developers and hotel brands. Of note, these concessions may include Meriwether's contribution of land value and invested infrastructure dollars in exchange for a partnership interest in the hotel C) Operator / Flag — Meriwether and RGC will identify a major operator with the ability to co -invest capital in the project. D) Planning — Traditional large scale, multi -story hotel development is not feasible today or in the near future. The plan presented by Meriwether is designed to attract capital in the immediate term. In summary, commitments are in place for the first two tiers of capital including planning and master site infrastructure. It is our opinion resort development will include multiple capital sources and cannot be verified until such time as formal discussions with the City confirm the concept plan and potential economic incentives. Q: Discuss the preferred location for the canal that traverses SilverRock. The City is in discussions with Coachella Valley Water District to replace the canal as it traverses SilverRock. One option entails constructing a new open canal that parallels the existing canal alignment while a second option entails constructing underground pipes that parallel Jefferson Street and Avenue 54, and abandoning the existing canal A: Respectful of the city's advanced stage of dialogue with the district, Meriwether anticipates adding its capacity to the process in an effort to assist with identifying the most cost-effective and aesthetic solution that meets the water district's requirements. As stated in materials submitted previously: Meriwether regards the canal as a facility that can, in a new permutation, be sensitively integrated into the land planning, while retaining the crucial utility demanded by the Coachella Valley Water District. In fact, the River Walk concept is a metaphorical acknowledgement of the history of the property and significance of the canal and imported water to the heritage of La Quinta and the eastern end of the Coachella Valley. Our approach would be to embrace the canal as a potential site asset, rather than disparage it as a necessary evil. The Meriwether plan is not reliant on either current design option being implemented, but is adaptable. Ideally, we would determine this very quickly in planning. Regardless, we foresee a possibility of implementing the parallel canal option or a combination of surface and piped canal to best fit logistical and aesthetic considerations of the development. We do not anticipate the canal design or construction, or timing thereof, would be an impediment to proceeding with economic development of the site. However, if the work has not already been performed in advance of grading and infrastructure, we would foresee implementation of the canal project coincident with our site disturbance activity to avoid future disruption to the pristine operating environment. Q: Provide other information that is pertinent to your phase 1 development proposal A: Meriwether has made a significant commitment of time, the principals' experience, resources, and capabilities to understand city sensitivities and the history of SilverRock. We hope this effort is conveyed in the materials submitted in the past and underscored in our private and public meetings with the City. The result is a necessary combination of planning, experience, and execution capability to deliver the best, most time -relevant resort experience in the Coachella Valley. In addition to understanding local sensitivities, Meriwether is ready to assist the City in any way possible with the Non -Housing DDR process under way with the State Board of Equalization. Along these lines, we have begun discussions with qualified legal counsel concerning the provisions of the dissolution law (as it was revised by AB 1484) and Recognized Obligation Payments Schedule (ROPS) III in anticipation of performing underwriting diligence on the DOF issues. When appropriate, Meriwether would like to explore concepts with the City Attorney related to the 243-acre public land transfer to the Successor Agency. Specifically, we have been brainstorming innovative land use concepts for the remainder land, in addition and as possible alternatives to a second, full 18-hole golf course. EXHIBIT 1 THERURER'I'GREENCOMPANY Mr. Graham Culp Managing Partner Meriwether Companies 11999 San Vicente Boulevard, Suite 220 Los Angeles, CA 90049 Dear Mr. Culp, On behalf of The Robert Green Company, thank you for taking the time to meet with me and explain your future development plans for SilverRock Resort We would be very interested in working with you to plan a hotel resort development and hope this letter of interest from our firm will enable us to move forward with more formal discussions. The Robert Green Company is a commercial real estate development company headquartered in Encinitas, California. Our past experience includes the development of multiple resort hotel properties including the Four Seasons Hotel Silicon Valley, Four Seasons Resort Jackson Hole, and the Four Seasons Resort Aviara. Unlike many development firms, The Robert Green Company is able to complete a project through the entire lifecycle including planning, entitlement, construction and operations. We understand there is limited capital available today for resort development: however, the uniqueness of the SilverRock site, our track record, and our relationships with capital sources prepared to invest in the resort market, give us confidence in our ability to execute. As evidence, we have successfully been able to capitalize four of our current hospitality development projects in California totaling 822 guestrooms We look forward to continuing our conversations with you. Your approach in creating a comprehensive master plan with accretive resort, residential and retail components Is exciting to our firm. Should you have any questions or would like us to schedule a discussion with the City of La Quinta, please do not hesitate to contact me directly at 760-634-6543 or 760-207-2467. Best Regards, The Robert Green Company Robert S. Green, Jr. President & CEO 3551 Fortuna Ranch Road . Encinitas, CA 92024 Telephone:(760) 634-6543 10 r 324 EXHIBIT 2 L�5 nil A.rn . 'gs Lr^ .. L " - A e"� � .. �u 't THE LA QUINTA Cyrf GIRO Multi Staged �H g Grant Avme SS TRAIT rmSyetm rmyoT t i ARROYO TRAIT. SYSTEM 1!^ CORECALF _ S' eV 1A �'S:.rr 1 f / •� %UNGALOW.gv�af��� �`r1y, a.exa.e- �a ni RFSQRT; , 1 i la, . LIM I CaUb'F COURSE LA QUINTA ~ \\\ RIVFRWALK and MERCAW 3-4 Stmy V ll g FI- t Ist Floor Commercial I Reu,l Farina•/r Markel a8 -Numbers Denote PLnning Areas 2 SFQRT 4 PLF Pup Up Retail I• yr LAND USE, SUMMARY SINGLE FAMR I R CA S AS q LAQUINTA .•� BUMP NGRIND LOOP FRAILHEAD, 7. A CONNF.CTI(3N TO TRAILS -1; IN SOUTH LA QUINTA ' n LATITUDE 33 PARK A PLAZA - Veto Slap Trail Head Cale moske - Gulf Pr.ed,m Rime -Punmg Green !A QUINTA PERFORMING k VISUAL ARTS Ahnn hrcr 1' 1, my f Mark Boa 351 ORY I Theater Event Gnen j < v , �• Space The1 iArimnCenter I u cum "-s'r. • Sit6Avenue CONCEPT PLAN SilverRock Resort LA QUINTA, CALIFORNIA I,ILV(KR0CK v nta evx n_ ~ 11 395 EXHIBIT 3 LAND USE SUMMARY PA LAND USE PRODUCT ACRES TOTAL AVG TOTAL (SF) 1 GC Golf Course 188.0 Clubhouse 20,000 Clubhouse Suites 25 1,000 25,000 2 GC Cultural Events (Ahmanson) 4.0 Event & Conference Facility 10,000 Restaurant 6,000 Guest Units 80 600 48,000 3 TC Boutique Hotel ("Dog Bone") 18.0 234 249,282 4 TC Boutique Hotel & Bungalows 10.0 Boutique Hotel with lodge & spa 50 1,200 60,000 Bungalows 25 2,250 56,250 5 TC Resort Hotel & Garden Villas 20.0 Resort Hotel 250 250,000 Garden Villas 96 1,600 153,600 6 TC The Mercado & Riverwalk MU Village 12.5 Ground Floor Retail (incl, flex "pop-up" retail space) 50,000 Village Flats 150 1,000 150,000 Outdoor Mal I (incl, kiosk "Pop-up retail" space) 5,000 7 TC Resort Residential Village 32.5 SFD Casitas (single story) 50 2,250 112,500 Stacked Flats (2-story 4-plex) 36 2,400 86,400 Townhomes (3-story 6-plex) 60 2,400 144,000 8 TC Civic/Cult. Use Area/Village Cabanas . 8.0 Amphitheatre Black Box Theater 7,500 The Village [1 acre] 30 400 12,000 9 GC Golf Course 134.0 1,200 10a GC Golf Course 25.0 0 lob GC Golf Course Reserve 63.0 0 11 TC Sports Center/Cycling & Hiking, Golf 5.0 250 SUBTOTAL 520.0 1,086 1,446,982 12 P/WF Public Facil./Water/Trails 26.0 TOTAL 546.0 1,086 1,446,982 12 326 +8 , Numer. bDannte Planning Area. o-_ EXHIBIT 4 LA QUINTA RIV1 .oil ME ALK r \ and ao, VItt) - - 34 R., Village Plau Irt Pluor Cnmmertial/ Retail _ -Parme/,Market 3STORY 4PL1 - Pup -Up Retail Development Phasing master site impnnementsl SI C, Phase PA Units LAQUINI BUMP'N, C 1 4, 5, 8 451 " "`_., IQQPTR/ x.� •....rye kCONNE ❑ „m4 2 6, Por. 7 195 { ,y,` IN TRAIL LAQUIMI e ® 3 Por. 7 23 •-^w.. i - - IV Ej 4 Rem. 7, It 5 1, 2, 3, 9 339 u= —." ® 6 10a/ 10b na „;.....,.,. iA tbd 12 tAAC; na 1,086 (4)-irmP.lLd.PnvniwbrpM1n d 1AJta'.1...1ef .IMninil 16 Wine, a+It Jn milni..... —Jr in nmJ ens, m"ad W br in-r—,—omn6.n 1 AiC J.e61on —dal le Jak—d unfit Ph— I.1—n, .h,, flunhie u..4h,ruinn.Im—d I—a" 1141-1 i., rnucj .n-...,nK rWwA -- THE LA QUINTA GIRO Mull! Staged Cycling Circuit LA QUINTA FITNESS TRAIL SilverRock Resort $ LA QUINTA, CALIFORNIA SILMROCK Rnmd teFry • 2013 13 1 a I QUINTA CENTER for the PMFORMING i VISUAL ART: Amphitheater 81xt m. Spam The Village l etmat Cemer 0 It 3�8 6 6 e e 3�' t - ARROYO TRAIL SYSTEM, .:\ .. 6 I, 1 S 1 LA QUINTA t 1 1 l RIVERWALK and MERCADO ----- - - `� � - 34 Story Village Flats - let Floor Commercial/ �'- - '•. Retail - Farmer's Markel �- Numbers Denote Planning Antis . Pop -Up Retail tP " ' 2 STORY 4-17W&iS —$ I /' : / LAND USE SUMMARY SINGLE FAMILY ,:' CASITAS -- , I 2u in THE LA QUINTA GIRO Multi Staged Cycling Circuit -LA QUINTA FITNESS TRAIL LATITUDE 33 L .Arroyo Trail System PAS 6 PLAZA � - Y Velo Stop Trail Head 1 _ n,Aq,�'o� Golf Practice ,� ����� K, Range . ___9__-_ �CClll��� ,.�-Oi-putrinR Green =W� iJ XAN(:P �_ja41JIr' CADEMV IRT RM QUINTA INTER for the WORMING VISUAL ARTS 4mphitheater flack Bo. cheater ;vent Green ;Pace the Village !Ie;Z Center LA QUINTA BUMP N GRIND LOOP TRAILI IBAD ' //��J//(/� b.. I & CONNECTION 1ON�/ �✓ TO TRAILS Q•1 SOUTH /,l fVY LA QUWTA L:O� � CONCEPT PLAN SilverRock Resort \ Y` 10 S' CQREGO4F �-%'-� II EXPANDE� l : MAINIEM1ANCE I. 1 iJ �. — S4tRAvenue LA QUINTA, CALIFORNIA SILVER�RDCK r( I o A t SEFIEMBER4.W13 nniiry n ♦ n p r.ei„ aim t a @3!7 it .iF � 330 \ � � .O U . m . c �% ƒ / ƒ m . ? ON ¢ ƒ / ¢ . ) A °««\. 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'fO TRAILS w IN SOUTH % e. +...zu .; LA QUIN�'A - F .aam.T T< e.w .r.v „a rwPm war min xzTm ntam e n Ttex«,mw x«..nmiwx. 111 m11- Ile ua a.esuile.�.«�.,o r n mw.,vamwv+a z CONCEPT PLAN m 5 m .« y.� - e rz u:cawa.wal.ce.., so T tl«v tt m ,wT� uH1Tx Saa Lai UY W t'+f Tarx SWa r]n iMn.N LATITUDE 33 PARR k PLAZA Val. Stop Trail Head Cafe Musics Colf Piactire Range Putting Grmn SilverRock Resort LAQUINTA, CALIFORNIA SILVERROCK Concept Plan �b CENTER for the PERFORMING k VISUAL ARTS •'Amphitheater Black Boa Theater event Green aI9u.L Ajuxuuxns as f1 PUUq i I O O O O O N O O 00 000 000 00 O 00 O LL 00 000 00 ON 00 000 000 00 O to V 00 000 N ON 0'D 000 In10 tn0 N N l O N O t0 00 01 O t0 O tq O O N N t0 V n. 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Marke, - PaP-up Rauff Development Phasing muter site imps vmentsl Phase PA Units F 1 Por. 5; 6, 8 276 2 Rem.5 250 ® 3 7(a) 61 4 7(b), 11 85 ® 5 1, 2, 3, 4, 9 414n ^:xM T 6 10 it�\k. na tbd 12 tmc7 na 1,086 (4). T-,. Hnk Rami.m la. Pka..d Gdl Y. IGTJ119.xn A Jn mis,i.. uorm Jain ad emu inualled jfnnmran mnnrunu�n — aA.tiJ..viun u.uW bJ.lerW until Pkx Sal+em,nMr - umine nmiJCmliom J:raW M,xhm lr.0 L�'R'D1 PHASE - THE LA QUIWA GIRO Multi SUgad Cydmg Cimull LA QUIWA FITNESS TRAIL PHASE] LATI DE M PARK It PLAZA. Veto Stop TraR Head Ior the RING L ARTS 'Event Gann SPN The Village Newest Center "FI 1 s t SilverRock Resort $ LAQUINTA, CALIFORNIA SILVfRROCK xrrnmrst mrz r , o . , Phasing Plan I\ .r 3q� ,p u � s § 0 & « § § a \ . 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C rn -O o o ..a •9 -a � u C .^ ow Cq 3 U p °o L o R o D R $ o- a cz Ti _ O O •n R cl ..0.tt cu ACIS . oc U ^' m o y: v o ate. o I-1 e3 �"' A = E c cl J 72 EL F ^- J o U o c a x m o ti W c Q 75 rr.0 13 - c c o u x w V 44d +cm xl N I i I 354 U O U � O c, • cld U � � c1 r0 bA � N bA O U I 355 356 I 357 REPORT/INFORMATIONAL ITEM: 21 INVESTMENT ADVISORY BOARD MINUTES WEDNESDAY, JANUARY 9, 2013 CALL TO ORDER A regular meeting of the La Quinta Investment Advisory Board was called to order at 4:00 p.m. by Chairman Blum. PRESENT: Board Members Mortenson Blum, Spirtos Park and Donais (4:02) ABSENT: None STAFF PRESENT: Finance Director, Robbeyn Bird and Senior Secretary, Vianka Orrantia PUBLIC COMMENT — None CONFIRMATION OF AGENDA - Board Member Donais requested that the date on page 2 of the "Adjournment" be corrected and should read danaary- 9,2013 mffiffit ff' Due to the Finance Directors unavailability to the February 13, 2013 board meeting, the Board at this time discussed alternatives dates for a Special Meeting in February. It was the consensus of the Board to hold a special meeting on February 18, 2013. Motion — A motion was made by Board Members Spirtos/Park,to approve the agenda as amended. Motion passed unanimously. APPROVAL OF MINUTES Approval of the Minutes of December 12, 2012 Board Member Donais requested that a correction be made to page 1, Approval of Minutes Motion and should read: A motion was made by Board Members Mortenson/Donais . INVESTMENT ADVISORY MINUTES 1 January 9, 2013 356 Motion - A motion was made by Board Members Mortenson/Spirtos to approve the Minutes of December 12, 2012 as amended. Motion passed unanimously. CONSENT CALENDAR ITEMS 1. Transmittal of Treasury Report for November 2012 Ms. Bird presented and reviewed the staff report for the month November 2012. In response to Board. Member Spirtos, Ms. Bird advised the Board that the maximum dollar investment limit in LAW is $50 million. Board Member Spirtos asked staff what the maximum percentage limit was. Staff to follow-up and report back to the Board at the next scheduled meeting. In response to Board Member Mortenson, Ms. Bird clarified for the Board that the Treasury Notes yield to maturity on page 5 and page 7 should be .750%. In response to Board Member Donais, Ms. Bird clarified that the November "Cash & Investment" increase on page 8 was due to a LAIF investment. Staff'received the funds late on Friday, November 30, 2012 and the investment took place on Monday, December 3, 2012, therefore the increase was reported in the month of November. Motion - A motion was made by Board Members Mortenson/Spirtos to review, receive and file the Treasurer's Report for November 2012, as amended. Motion passed unanimously. - None. CORRESPONDENCE AND WRITTEN MATERIAL 1. Month End Cash Report, December 2012 and Pooled Money Investment Board Report - November 2012 Ms. Bird presented and reviewed the staff report for the month November 2012. Noted and Filed. INVESTMENT ADVISORY MINUTES 2 January 9, 2013 359 BOARD MEMBER ITEMS Board Member Spirtos advised the Board that on Thursday, January 10, 2013 at 11:00 a.m. the City will host Pillars of the Community recognizing those individuals that have made a difference within the City of La Quinta. ADJOURNMENT There being no further business, it was moved by Board members Park/Donais to adjourn this meeting at 4:23 p.m. Motion passed unanimously. Vianka grrantia`, Senior Seal City of La Quinta, California INVESTMENT ADVISORY MINUTES 3 January 9, 2013 360 Reports / Informational Items: 20 Report to La Quinta City Council Palm Springs International Airport Commission Meeting March 20, 2013 Budoet: Much. of the Staffs, Committees', and Commissioners' recent efforts have gone toward the preparation of a draft budget for fiscal year 2013-2014. The planned completion date of March 14 was met, and a copy of the draft is attached to this report. In summary, there is a planned increase in revenue of 10%, with an 11.7% increase in expenses. Year-end cash is expected to be the same as this year; about $5.5 million. Passenger Activity: February was a shorter month this year, but, adjusted for that, passenger activity was up, and it became the 17`" consecutive month of growth. Industry Comments: An industry report and forecast was recently released, and is summarized below. (These statistics must be viewed in the context that Palm Springs International Airport has seen a growth rate of 14% per year.) 2012: Airports that saw 1-2% growth last year are considered to have experienced "good" growth. 2013: The industry expects to see "flat" passenger activity volume this year. Future: Growth over the next 20 years is expected to be less than 2% per year. Consolidation: Because of several recent mergers, 70% of the flights will be with only 4 airlines. Note: The Palm Springs area cannot "exist in a vacuum", with high rates of growth continuing indefinitely: exceeding industry performance. Management and the Commission considered this in the budgeting process by staging improvement projects and ensuring capital funding sources. I believe we are positioned to take advantage of whatever growth in passenger activities we experience; and yet, remain agile and flexible should the growth not occur. Baggage Screening Improvements: In the post-911 era, with the requirement of 100% baggage screening, we have seen that our facility is inadequate in many respects. Screening has moved from the lobby to an area behind the ticket counters. The Transportation Security Administration (TSA) has approached us with a proposal to fund 100% of the design phase costs related to the electronic baggage screening systems optimization project at Palm Springs international. Under this project, the 361 entire process of inspecting and handing baggage will be reviewed. We will look at historic throughput rates as well as items that require hand inspection and special handling (golf clubs and tennis racquets: we handle 10,000 of these per month). Working with our consultant, TSA would review several alternative optimization designs; evaluate the ROI of each; and select the one to be executed. After discussion, the Commission voted to recommend that the Palm Springs City Council ratify an agreement with the TSA to fund 100% of the design phase costs related to the electronic baggage screening systems optimization project. Consultant Contract Amendment: Upon further discussion, the Commission recommended that the Contract with our Airport Consultant, Parsons Brinkerhoff, be amended to assign them as our consultant for the execution of the planning for the TSA baggage -screening project above: not -to -exceed $630,000, which is 100% reimbursable from the TSA. This amendment also expands the current agreement with PB to provide the construction management of the terminal apron rehabilitation project (2.5 million square feet of pavement). The amendment is NTE $630,000, of which 90% will be funded by the FAA. The Commission voted to recommend that the City Council approve this. Palm Sarinas City Council Actions: 1. The Council approved the escalator maintenance agreement with Kone Inc. for 3 years in the amount of $63,252. 2. The Council approved amending the architectural services agreement with URRUTIA AIA to include design, bid, permitting, and construction phase services in the amount of $31,935 to remodel a vacant building for use by the USO. 3. The Council approved Amendment #2 with Parsons Brinckerhoff for professional services, managing the improvement of the rental car facilities. 4. The Council approved the terminal ramp refurbishment project. 5. The Council approved the Time Warner Cable enhanced wireless internet project. The next Commission meeting will be April 17, 2013. Submitted: Robert G. Teal, Commissioner Palm Springs International Airport Email: bobateal.us.com Phone: 760-899-4171 11 362 APRIL 16 APRIL 17 APRIL 19-21 APRIL 26 - 28 APRIL 27 MAY 4 MAY 7 MAY 8 MAY 21 MAY 22 MAY 27 JUNE 4 JUNE 5 JUNE 18 JUNE 19 DEPARTMENT REPORT: CITY COUNCILS UPCOMING EVENTS CITY COUNCIL MEETING OVERSIGHT BOARD MEETING COACHELLA MUSIC FESTIVAL STAGECOACH COUNTRY MUSIC FESTIVAL COMMUNITY PICNIC AND BIRTHDAY BASH DOCUMENT SHRED DAY CITY COUNCIL MEETING OVERSIGHT BOARD MEETING CITY COUNCIL MEETING OVERSIGHT BOARD MEETING MEMORIAL DAY - CITY HALL CLOSED CITY COUNCIL MEETING OVERSIGHT BOARD MEETING CITY COUNCIL MEETING OVERSIGHT BOARD MEETING 363 APRIL 2013 1 2 3 4 S 6 9:30AMCVAG City Council 10:OOAMALRC Transportation Evans Meeting 2:00 PY OveMpM Boom 4:00 PM Investment Advleay Board _ 7 8 9 10 11 12 13 10:00AMPua. 7'.00 PM 9:00 AMRIv. CI 11:00 AM CVAG Solely" Planning TaMpodabon- Conveoea0ah- Hendersah Commission Henderson - Evans 3:00 PM Mine. 12:00 PM En M I Cansenrdnry- Enkonemal- Famlen Evans 5:30 PM Community Seid= Coedrella FeSGral 14 15 16 17 18 19 20 City Council ea mCVaaonomo Pn,- Iffin 100PM 9:OOAM Meeting Historic Convention 8 Preservation YuioB 1aaamY Bursau4Evans Hm -peomo 2:00NPw�tlent a""^- CANCEL aao ra nrsamm Coachella Music Ad nM ra usic Festival Coachella 21 22 23 24 25 26 27 4:30 PM Ea 7fl0 PM 12:00PMSunkw. 10:OOAM Cote.-Adoph Planning Ado" Comeanity ComrNssion Punk and - Birthday Bash Coachella Music -MusicFesfival 28 29 30 Mar 2013 May 2013 S M T W T F S S M T W T F S 1 2 1 2 3 4 - 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Stagecoach 31 1? 36,E MAY 2013 1 2 3 4 Apr 2013 lun 2013 S M T W T F S S M T W T F S 1O90AMALRC 7U0AM-11:00 1 2 3 4 5 6 1 4:00 PM AM DOcument Shred Day 7 8 9 10 11 12 13 2 3 4 5 6 7 8 Invemmam AdMenry Bowd 14 15 16 17 18 19 20 9 10 It 12 13 14 15 21 22 23 24 25 26 27 16 17 18 19 20 21 22 28 29 30 23 24 25 26 27 28 29 30 5 6 7 8 9 10 11 9:30AMCVAG City Council 9:00AMRN. CL 11:00 AM CVAG Transportation - Meeting Traneportd0 Coova,ma8on- Evans HeW ^ Eame 2:00 PM Oft 12:00 PM Eo@WI Baeid- .EnNronenW- Evans 12 13 14 15 16 17 18 Mothers Day 10:OOAMPub. 7:0O PM 8:00AMCV 3:OO PM 9:OOAM Sd*- Planning EOoname Plnr- Historic Coovamlona Hwdsmon Commission Frooklin Preservation Visitors iEvans 3:00 PM Mine. 10:OOAMCVAG ConamvaM,y- Homeless- Fmidn Oebome 5:30 PM 4:00 PM Community Seniees Inveabnent AdvbM Boem 19 20 21 22 23 24 25 City Council 12:00 PM Sunine - Meeting Adolph 2:00 PM Ovartght Board - 26 27 28 29 30 31 4:30 PM Baas 7:00 PM Corte. -Adolph Planning CITY HALL Cor m fission CLOSED - MEMORIAL DAY 365 JUNE 2013 1 May 2013 Jul 2013 S M T W T F S S M T W T F S 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 ' 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 2 3 4 5 6 7 8 930AMCVAG City Coundl 10:OOAMALRC Transportation - Meeting Evans z:ao PM owenipta Bowd- 4:00 PM Investment Advisory Boasts 9 10 11 12 13 14 15 HsnWa M%b.S.kV- TOOPM 9:OOAMRiv.Ct 11:00 AM CVAG Flag Day Planning TrenspMasort cmvamtason- 3W M11ae COMMIsslon Henderson Evens Cona.nenq-Frenlan 12.00 PM Energy / EnWonental- sn+ltcmm�aey S.Mms Evens 16 17 18 19 20 21 22 Fathers ay City Council eaowaEoa�.. rv. 3AO PM 9:OOAM Meeting Historic Convention a iawwcwka m . Preservation Viskm 'Oipesi Bureau -Evens 2aoRlovaietBW- aao w v..�m.n iemer easn 23 24 25 26 27 28 29 4:30 PM Es TOO PM 12.00 PM Sunline - Cmts. -Ado" Planning Commission Adolph 30 366 Department Report; / (G cFM of TNF 9� TO: Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Directo DATE: April 16, 2013 RE: Community Development Department Report - March 2013 Attached please find the following data for the Planning, Building, and Code Compliance Divisions for the month of March 2013: • Exhibit A - Planning Division monthly report outlining the 31 new cases in process by staff, 24 plan checks, and 4 Cove plan checks • Exhibit B - Planning Commission activity report identifying 290,408 square feet of commercial space approved during the current fiscal year • Exhibit C - Building permit statistics showing year-to-date building permit valuation of $10,136,200, which includes the issuance of 338 building permits • Exhibit D - Code Compliance statistical report showing 33 initiated cases, 87 completed cases, and $1,180 generated revenue by garage sale permits • Exhibit E - Animal Control statistical report identifying that 254 cases were handled by the division 1 367 F- 00 � d M W � O N C9 w = z2 Z F- Q Z Q J W a 0 EXHIBIT # A 0 z W � 0 a � D U Cl) LLJ cn 'O m m m m'0 'C V 'o V 10 V m m b 10 '0 'O '0 '0 13 M a V 10 N N N N N N N N N N m N N 07 N N N N N 0 N W N N Y Y Y Y Y Y Y Y Y Y }+ Y = E E Y Y Y Y+ Y V`oo EEEEEEEEEEE'EEE'E'EEEEE'E3 a m m m a m a m a a a a a m a a m m a m a W Z 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 Z N N N N N N N N N N N N N N N N N N N N N N N g a Cl. 0 N 0 0 N 0 NO0N00 0 M 0 O.- a�1* M c N Z Q CA Z 0 J H Y N c W y +N F_ CL LU Y in (DOF y } cn C �' Y ` N '� ? co =; Y N EW„ C C N E a E _m C� a ° ° a E Q LU 4Ei N 4Ni N c co a E Co Coa N a "Q.0 < (D La' E a� a N a E aci U o cl C N Q E m a>i E N Ci U V0i N C co Y V C N a C c N N c N f0 CO a N C N m N 10 7 ° Y Y 0- l0 E a > U) c° c o C E d E a v ai � E E> a °� °� N t O o r c c� Z m O y '•a- O m y (D ° d `0 `0 E o «° ° m v aD a c > '> m C c c v- c c y d c c E f0 c c> a 0 N C C N 0` !" a r N N N- 0 0 7 0 000LUM(D ��dCn05Cn n(AHHH>NN <AU N 363 TM k } k � M > O � N U _• Q CM z= O U !n Q OO- U N U O Z_ N Z Z� d J EXHIBIT # B 00 O M N z O F- a E: U C0 w W Y Y Y _ Y Y Y i�• i+ w E E E E E E E E E E E E E E E E E E 00 0 a a a a a a a a a a a a a a a a a a CCa CC >>>>>>>>>>>>>>>>>> a y cow to M 0 y y y 0 0 w y y y y 0 0 s 0Nin,NON000N�0�0,M Qa W U F- H z D O J LL Q y F— W w a W CL 3 y E } d > y Y0 �C � � tea' F- o 0 E c °' E w m V c E aci E w s 10CL c d a E LL Q W s a 0 f0 Q. Q py 0 a a0)i of y c U¢ a m m 2 m 2- „ O V OC U (D 0, Q C a E �, e 0 L U N Y E U m W W CL Q a> E y U " 0 0 ED m ) c *� c10i c c y 0. c a) m a CD c m o d m q M> 1O = 0 0 E a F- N c v D O Y c E E c 0_ '� E d a m m O Z U N c`6 C a V Z > > L U N !O 0 U 0 J ;� Q :t N cY0 N CD C_ Q a c>> 0 c"D L c d a0i (Dc f6 CL o a) c c 47 U M M ++ Y N c N c 0 c 0 0 0 QQUOwiL02ff p(�f�fnF-F 3 N N F-F- it E � 0 z k k CM 369 EXHIBIT # C rn N rn m o a n rn in � � to a C n N CO 7 m 7 M a tT Vf .y o N N N n a � O M H N ~ a N O O� O O N a O ti 0 O N N O 0 Q) N N O M � a M .y Lr t0 N Lr n M O N n CDIf1 m n O W � O r v N N � O O f N 01 G1 O m w CO ID M 7 C th SN N V N N n In N O tb OJ W O rl N U. to N O O O O O O O O O O C N N yNj O O m Q 0 N ON+ b 7 q n n 7 N � p M q v N ~ O O N ~ M 7 f to in o 0 0 0 0 0 0 0 o N 4 LL Vl E p n m Q f v Q aEi O f Q p N ~ li N n Z 0 370 M N N r o m o r b o o m b m m o p o m P o m m p p M O O N M p N N m r I(1 Ill Ql O M O VI M O N m r a n i P I'1 O m U1 N r'I b p p m r1 P M N O P r-1 O N O OI O r w i N b P N MOM 1l1 l0 r r1 N O m P r M b m b O N M r w. Ol O N Ill N N m r'I O Vl N M M N O N N N N b Ill r m W r b N N N N M r' 1 l0 p N N N m r QI N N a az W F r N Q r O M rl t1) O N m r 01 p O r O O O O b O Ol p O M r4 'J r O N 10 r N Ill p r m M Ol O N O Vl .-1 O m m O r-I r'1 r > a r O p O O N M N m p p N P Ol Ol m N OI N p N m N r W Q ' O O M r b O M 1(1 Ol P M Ol r m VI r M P r O P M r a r� ' O Il1 N M I(1 P I(1 r-I N N b N M N N m Ill N M r a O N M rl 1p M N p N N M a N N N o W N N O d a W am F I P r M N M p N O p b r1 M Ill r N Ol N m 10 p Jf P N I w I"I N N p N N Ill N N r Ada ry m W a r (/I r rr ry N N M p V1 O N b r1 N N b N OI N r N l0 Vl N O r a r N N N N N N p a N a 4 m. O r O O O m m O O N O P M Ill M.. Ol l0 O O M W M m W . a N W W r N P Ill O N N N m O T m Ill O }\ d r W r p O d' N N T V O b bN r O N F N} N M P w OI p p ro M N N P Ol Ill p M E. Z \ p IN M O M F N N 47Fd(14, H r U a W W I Q O 0 0 0 N O O r O V l O 0 I 11 M Poo o N mw m O M N M O o Ill M IllVlo m O O Ill a F fl) r O a N m p m o Vl 10 N Ill r r ri r O N O O Ol a a r M q r ow b O N M N r Ol r1 l0 r T Ill Ill N p ri m m M N rl VI N b M N O m rl Ol Q\ 4 N V1 01 N N N fJ r d a r N W z d r m\°o.,a m Mmarx V H F. . 7 m F w s m r H o b b o N m P o 0 0 o M In r m o P m p M In o N M O a N IO M N N Vl w E N FN a d a W F d g 2 i r W r W 7 S r H x m F m' o m b o N m M o o m o M ry .. r o In In r ry m o m N as ara w o a W r 4 a woo' W ' ' m a 4 E O E a W W z a z F I. N W cl r r a o a .. a a W 2 U a F 2 4 ga 44 4W r4. E II W mw\ cl W 4. x6 Q Uz Ha ow.F I-r H. Hz W zuW W °m a ' wEw . ap auwoHHW8,m Q WI z O WmO I F W Q U a W a ut O W w m O d M Fw ark 'aa ua.. m r r W W r 0 4 5 H zzu �ao'c� m a 00 P ..z u°uzaa Wz �z �10 .I W a r a .. o .. W W r o N .. a HM\O H auoomoo oa a a .. aaoV a ..., ooaaaz pV a d 0pp W r 4 g0q4Q W IW-1 W 3��I144a W 4�lOw310-IOFM3 O r V 4 4 x U O w S w z ma W a a d a o m m m m o �a XOOU � O z mz F 'a uwxwiouE m as 000E p a w a w W W 4 w x muowsEoaadaaaammmmmM m 371 EXHIBIT # D Q mod/ 1.1. 4w 4T co :.i .Q /O V O U M O N «1 V N O r M M co r n P7 M O O M ry NM �N �N f0 M f0 r 0 N V) N N H t0 } Q O O O O O O O O O O 0 0 0 0000000 0 O O O O 0 0 O O O O 000 O O O O O O O U 0 00 00 00 00 00 00 O 00 O O O O O (N O O - 00 00 O O 00 000 O O O O O o o Q O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 O O O O O 0000000 C 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O O O O O O O d O O 0 0 00 00 00 O O O 0000000 O N O N N O V O M M CnD M O co a (0 r O> In M N r �O r N O LL N O (O r v M M r V {'y M 001 O N M M N V z U p F N C O W y W y N N tO.f N V) ~ W e R N z 0 5 F Z rc w z LU �� N W W > > N g0f-a N •- 71 'O W 2L W W O N z w LL p' H QKZ W m F O N a3 W W F o w v a c p v C E 3 v J a a w a Q a V a a m d U ° .3 0 0 7 : a F a m W a -a d Q d Q v w v N U U. M Q_z Q U z d c ew d m Q«E y W JIE ? wE '.3 ai co WY w EAU O QO Q o� dU co JE O NUU GO W UU U =(n0 O O J <n0 o ,3 O F O P-U N z N UU O LL(n J 2y p W z > m m t9(3=2a 372 EXHIBIT # E Q11 LO M O O t09 ID M Y O co M OD O7 N N N Ono F N N V) Yl N } O O O O O O O O O O 0000 O O O O O o o 0 0 O O O O o 0 O Z 000 000 000 O O O O O O O O O O O O O O O O O O O O O000 000 000 0000 000000000 O o o 0 0 0 O fn O O o O O O O O O O CD O 0 0 0 0 0 0 0 00 O O O O O O O 000 O O O O O O 0000 0 0 0 0 0 0 0 0 CD O O O O O O a7 7 O O O O O O O O O o 0 0 0 O O O O O O O O O O O O O O O O C O O O O O O O O O O O O O O O O O O O O O O O O O O O O O mO O O O O O O O O O O O O 00000 O O O O o o 0 0 0 0 O ao 0 0 O o o 000 0 0 0 0 000000000 000000 O ca 0MO oOO rao0 ��0 n fO�NM0o oN w NN��O V N a O Go toO N O N r M o o � � 0 '- r 0 N M M 3 � 10 IL c N o r 0 CM V O Of O� o-00000T a � 0 CO OC4 CD 'MA F, 9 c O N C 61 e O O 0 7 O o W a c H c c c c m J w uNi = 9 j E E m Ed E m2 °1E� ci mdO c c 7 F 7 F W- F O ~ W H c to E C d C m N 'eE o O Y C1 d d E o '0 - '00'E T o�oc �a �Z-i m o d > m c > c a> O c c� m c c W F. a � O z m3 (D d a—m aH w— N om 5o m�3°' > c J ao 0<a0 A QOO `yQ0�—Q0�—ZIrEa�'o_�awm o oo 1= mEEcy— O ZG U F F V ,E2:�oo�regooe°3�$� fO QU>N�Or F O az<:30 G a Z > I.- ..,t 373 Department Report: " q (p � T cFMOF rNF� TO: Honorable Mayor and Members of the City Council FROM: Les Johnson, Community Development Direct DATE: April 16, 2013 SUBJECT: Department Report - Update on the City's Golf Cart Program At the March 5, 2013 City Council meeting, Mr. Dick Storbo commented on the requirements of the City's Golf Cart Program (Program) expressing concern with the Program's licensing. requirements. Mr. Storbo explained that he was unable to obtain a license due to the configuration of his golf cart and feels the City's requirements for registration are too onerous. Subsequently, Council directed staff to look into this issue and report back. In response, the following information is provided. The City's Program was initiated in July of 2007. The Program, and its various requirements, is based on the regulations contained in the California Motor Vehicle Code, which are summarized in Attachment 1. The State Code specifically requires a golf cart be designed to carry golf equipment and no more than two people, including the driver. The La Quinta program is consistent with these regulations requiring a cart be equipped with the following features in order to be licensed for use on the City's golf cart routes: • a windshield • front and rear lights, turn signals and brake lights • a parking brake • red reflectors and a horn • side and/or rear view mirrors and a clear view to the rear of the cart • a covered passenger compartment for two passengers with seat belts • designed to carry golf equipment and no more than two people, including the driver. These requirements are nearly identical to those identified in the Palm Desert and Rancho Mirage programs with a few minor exceptions, the most significant being 374 the number of passengers the golf cart is designed to carry. Palm Desert allows a cart to be designed to carry up to 6 people; however, only two may ride in the cart at one time. La Quinta, Rancho Mirage land the California Vehicle Code) requires the cart to be designed to carry golf equipment and no more than two people. The basis for La Quinta's Program was first established with the adoption of the 2002 General Plan and the 2035 General Plan continues this program. Attachment 2 shows the routes identified in the General Plan that are planned as Class 1, Class 2 and Class 3 routes. "Phase I" of the La Quinta Program was divided into two parts, the first part (shown in Attachment 3) was identified as a "pilot program" and included the Village and the Cove residential area, along with routes to the SilverRock Resort, and the La Quinta Hotel and Resort. The cost associated with this part of Phase I, which included a charging. station at the Village public parking lot, was estimated at $456,000 and was included in the 2007-2008 Capital Improvement Program. With the exception of the charging station (due to unsuccessful grant funding), the Phase I, Part I improvements have essentially been completed, which included signage and striping. The second part of Phase I, which includes portions of Adams Street and Jefferson Street, is listed as an unfunded project in the City's current Capital Improvement Program. Following completion of the Phase I, Part I improvements, the City began permitting golf cart use on the identified routes. To date, the City has registered 47 golf carts. The registration process consists of an applicant applying for a permit with the Code Compliance Division at the City's Community Development Department counter, providing evidence of a valid California Driver's License and insurance, paying the $20 permit fee and making an appointment for an inspection of the golf cart. A Code Compliance Officer subsequently meets with the applicant to inspect the golf cart in order to ensure the cart has the design and equipment necessary to meet the requirements of the City's golf cart program. If the golf cart meets these requirements, the Code Officer affixes the permit decal, which is good for two years, on the golf cart. Presently, the scheduling of "Phase 11" has yet to be determined. This is namely due to the low response to the City's Program and the infrastructure expense to extend the routes during a period where capital improvement funds are extremely low. Attachments: 1. Summary of California Motor Vehicle Code Requirements 2. Routes identified in the La Quinta General Plan 3. Phase 1, Part 1 Golf Cart Routes 3l5 Neighborhood Electric Vehicle Low Speed Vehicle and Golf Cart Information FFVR 37 ATTACHMENT # 1 Definition Golf Carts (CVC §345) A golf cart Is a motor vehicle designed to: • Carry no more than two persons, including the driver. • Carty golf equipment. • Have not less than three wheels in contact with the ground. • Operate at a maximum speed of 15 mph. • Weigh no more than 1,300 pounds unladen (empty). Operation of Goff Carts (CVC §§345. 21115, 21115.1 and 21716 ) Registration is not required if you operate your golf cart on a highway designated for such use by ordinance or resolution within one mile of a golf course. You may not operate on roads with speed zones above 25 mph except by ordinance or resolution by a [oral authority. Modified Golf Carts A golf cad cannot be converted for registration purpose as a NEV/LSV. If you modify your golf art to go faster than 15 mph or seat more than two persons, the vehicle is Considered a regular motor vehicle and must comply with Federal Motor Vehicle Safety Standards (FMVSS) for regular passenger vehicles. These standards include additional vehicle equipment. appropriate FMVSS labels, applicable emission standards, and a 17-digit conforming VIN. Failure to comply with all necessary regulations may result in a citation. Equipment Requirements for On -Road Use (CVC §24001.5) Your golf art must comply with certain equipment standards established by the California Highway Patrol (CHP) to be registered for on -road use. The equipment requirements am outlined in form CHP 988, Motorcycle, Motor Doren Cycle, and Motorized Bicycle Requirements. which is available from your local CHP office or calling (916) 445-1 M. If you driver your golf wit on the road it must be equipped with: • At least one headlamp, tail lamp, and slop lamp • A fear reflector • Frontlrear turn signals • FronUside reflectors • A minor (located in a position to allow the driver a rear view of at least 200 feet) A from Fenders • Safety glazed windshield • Windshield wipers FFVR 37 (NEW 22010) W W W 2/2010 Home I Help I Disability Services I Site Map I Technical Support Governor Edmund G. Brown Jr. I BTH Agency Back to Top I Conditions of Use I Privacy Policy I Accessibility I CA.Gaov Copyright 2011 State of California http://www.dmv.ca.gov/pubs/brochures/fast_facts/frvr37.htm 4/11/2013 376 ATTACHMENT # 2 NOt TOSGIE 7, a l � ■ o ♦1 • • " _, ♦� i^ 1 sw'nIn 1 9 1 - tJ i0eas l�. 00 Legend gem City %andary m Sphere of Influence 000 Close I Golf CarNNEV Paths • ♦ *: Class II Goff CarNNEV Paths among Class III Golf CarVNEV Paths »► Muhl -Use Paths �(. irimor i7f 71 yo IS fordetahsciffbarear If To 'I �. I ,� ♦� �.� Awnw5eVs ♦♦ v♦ 1 If I If- If It If IF A~uR 60 `nit:♦ v.— y v♦ IF ♦ � i ON We If I Source: lteris & Terra Nova �- - - - No - In Or as �.I Awnur /N 1 I 1 City of La Quinta General Plan •, wt L I TERRA NOVA® Golf Cart/NEV/Muki-Use Paths (A) I1-7 r�+�A• IM• La Quinta, California 377 ATTACHMENT # 3 ♦ 0 0 La Quints • Sports Complex i 3 OIL Avenue 50 ♦ Calle Tampico • • ;; r«<«fio 46w •• ♦ a r r r � r r�4 Avenue 52 Silver Rock Resort f f e C raw- f i E + f d pp r �e r r d y` a Golf Cart / NEV Paths r r vClass 1 r r ... Class 2 Class 3 i Not Permitted f <. <. Muli-Use Paths + + VN 0N r sad..Y: City of La Qoiors June, zou A� - �_- ' I 1 City of La Quints General Plan -- � j eXamc / TERRA NOVA® Golf Cart /NEV/Multi-Use Paths (B) 11-8 e m.a R..Mk Ia. La Quints, Califomia 376 DEPARTMENT REPORT: N TO: Honorable Mayor and Members of the City Council FROM: Edie Hylton, Community Services Director�� DATE: April 16, 2013 �// SUBJECT: Community Services Department Report for March 2013 Upcoming events of the Community Services Department for May 2013: Computers *Computer Lab Dance *Social Dance Fusion Dance, Play, and Pretend, La Quinta High School & Fitness Classroom Hip Hop, La Quinta High School Belly Dancing, La Quinta High School Exercise & Fitness *Morning Workout *Mat Pilates *Zumba Gold *Chair Yoga *Yoga for Health Yoga AM & PM, Library Zumba, Senior Center Nature Walks, Adults, Bear Creek Trail Free Programs *Quitters *Woodcarvers Gymnastics Introductory Gymnastics (4-7 yrs.), Fitness Classroom Introductory Gymnastics (8-10 yrs.), Fitness Classroom Martial Arts Karate/Taekwondo, Senior Center Special Events- *Spring Fling Luncheon Special Interest *Expressive Landscapes in Acrylic *Let's Make Jewelry *Senior Center class or activity 379 Community Services Department Attendance Report for March 2013 Summary Sheet Variance Sessions Per Month Program 2013 2012 . 2013 2012 Leisure Classes 89 175 -86 46 67 Special Events •1 600 90 510 1 2 Sports 551 826 -275 24 28 Senior Center 996 1089 -93 94 94 Total 2,236 2,180 56 165 191 Senior Services Senior Center 378 3161 62 31 13 Total 378 316 62 31 13 Sports User Groups La Quints Park AYSO 300 400 -100 26 27 La Quints Youth & Sports 100 150 -50 15 18 Desert Boot Camp 50 50 0 10 10 Sports Complex LQ Youth & Sports Assoc. 700 850 -150 21 27 Colonel Mitchell Paige C.V. Revolution 20 20 01 8 9 Coachella FC United 20 0 20 2 0 Havoc FC 20 0 20 6 0 L.Q. Blackhawk Rugby Club 40 0 40 7 0 Y Football (League Practices) 50 30 20 4 5 Facility/Park Rentals Senior Center (Private Party) 100 100 0 1 1 (Sunday Church) 300 225 75 4 3 Museum Meeting Room/Courtyard 200 150 50 4 1 Library Classroom 750 500 250 15 10 Civic Center Campus (Private Party) 0 0 0 0 0 Park Rentals La Quints Park 150 250 100 2 4 Fritz Burns Park 50 100 -50 1 2 Total 2,850 2,825 25 126 117 Total Programs 5,464 5,321 1431 322 321 Volunteer Hours Senior Center 1 3081 2221 86 Total Volunteer Hours 1 3081 2221 86 •1 Egg Hunt was in April last year, so lower Special Event participation in March 2012. 380 Community Services Department Program Report for March 2013 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Leisure Classes •1 Zumba 13 20 -7 6 9 Yoga - Morning 2 6 -4 4 4 Yoga - Evening 5 12 -7 4 4 Karate/Taekwondo 4 - 8 (Beg.) 15 18 -3 8 5 Karate/Taekwondo 4 - 8 (Inter.) 31 37 -61 8 5 Karate/Taekwondo 9 & up 16 29 -131 81 5 Beginning Ballet 3 5 -21 4 5 Dance, Play & Pretend 4 10 -61 41 5 Totals 89 137 -481 461 42 2013 2012 2013 2012 Participants Participants Variance Meetings Meetings Special Events Egg Hunt 6001 800 -2001 1 1 Totals 6001 B00 -2001 11 1 2013 2012 2013 2012 Participants Participants Variance Meetings Meetin s Sports Open Gym Basketball 158 292 -134 7 12 Open Gym Volleyball 78 174 -96 4 5 Guided Cove Hike 12 0 12 1 0 Guided National Monument Hikes 23 0 23 2 . 0 Nature Walks 31 56 -251 2 2 Disc Golf Tournament 12 17 -5 1 1 Y' Rookies Football 12 12 0 2 2 Youth Flag Football (League Games) 200 110 90 2 2 Y' Rookies T-Ball 25 35 -10 3 2 Totals 551 696 -145 24 26 Community Services Totals 1,2401 1,633 -3931 71 69 Leisure classes: No classes in the following areas - Acrylic Painting, Meditation, Pre -Ballet( Jazz 3-5, Ballet/ Tap 4-6, Italian for Everyone, and Jazzercise. 381 Community Services Department . Monthly Revenue Report for March 2013 Monthly Revenue - Facility Rentals 2013 2012 Variance Library $ - $ - $ Museum $ 500.00 $ 570.00 $ (70.00) Senior Center $ 1,125.00 $ 900.00 $ 225.00 Parks $ 115.00 $ 380.00 $ (265.00) Sports Fields $ 1,292.00 $ 1,245.00 $ 47.00 Monthly Facility Revenue $ 3,032.00 $ 3,095.00 $ (63.00) Monthly Revenue Senior Cents 1 $ 3,737.00 1 $ 3,695.00 1 $ 42.00 Community Services •1 1 $ 3,188.001 $ 6,983.00 $ (3,795.00) Total Revenue 1 $ 6,925.001 $ 10,678.00 1 $ (3,753.00) Revenue Year to Date Facility Revenue $ 25,194.50 $ 24,697.00 $ 497.50 Senior Center $ 33,768.50 $ 28,013.50 $ 5,755.00 Community Services $ 46,147.00 $ 54,813.50 $ (8,666.50) Total Revenue to Date $ 105,110.00 $ 107,524.00 $ (2,414.00) •1 More leisure enrichment classes offered in March 2012. ..IV 382 Senior Center Attendance Senior Center Program Report for March 2013 Participation Participation Variance Meetings Meetings 2013 2012 2013 2012 Senior Activities Craft Time w/ DRD Tiny Tot Program 23 0 23 1 0 Computer Lab - 7 0 7 5 0 Golden Tones 14 33 -19 4 3 Mah Jongg 23 27 -4 3 3 Monthly Birthday Party 48 50 -2 1 1 Movie Time 24 36 -12 3 4 Putting Action & Wii Bowling 27 7 20 6 3 Quilters 40 32 8 3 4 Tai Chi Chuan (Free) 74 0 74 6 0 Talent Showcase' 122 0 122 1 0 Tennis* 16 125 -109 3 10 Ukulele Players 44 61 -17 4 6 Woodcarvers . 42 45 -3 4 4 Senior Activity Total 504 416 88 44 38 Senior Leisure Classes/Programs Bridge: Duplicate, Social & Party 220 225 -5 9 9 Chair Yoga 11 7 4 3 3 Exercise (Morning Workout) - 77 39 38 9 8 Film & Discussion Group 14 0 - 14 1 0 Hooked on Loops 6 10 -4 2 2 Intermediate Bride II 9 17 -8 1 3 Jewelry Making 7 0 7 3 0 Mat Pilates 16 17 -1 9 8 Monthly Luncheon (Mardi Gras) 84 89 -5 1 1 Yoga for Health 6 7 -1 3 3 Zumba Gold 42 0 42 9 0 Senior Leisure Classes Total 492 411 81 50 37 TOTAL SENIOR ACTIVITIES/PROGRAMS 996 827 169 94 75 Senior Social Services AARP Taxes 83 75 8 8 7 CAP Warm Center 3 11 -8 3 7 FIND 189 165 24 7 6 HICAP/ICLS 9 4 5 3 1 Lobby/Blood Pressure Screening 25 15 10 4 3 Presentations (DRMC Mad Exp. & Shingles) - 16 0 16 2 0 Financial/Legal/Bereavement & Alzheimer's Groups 13 5 8 4 2 Volunteers 40 29 11 n/a n/a TOTAL SENIOR SERVICES 378 304 74 31 26 SENIOR CENTER TOTAL 1 13741 1131 2431 126 101 ' Senior Leisure Classes/Programs: No classes in the following areas - ACBL bridge group, Acrylic Landscape Painting, Beginning Ukulele, Basic Computer, Swing/Latin Fusion . - *Attendance: decrease in Tennis due to new coordinators and increase in Talent Showcase because it was moved to March. 383 Parks Activities Updates For March 2013 The Civic Center Campus was closed to the public on March 5, 2013 to prepare for the La Quinta Arts Festival. The festival was held March 7 through March 10, 2013. The Campus was available for public use again on Monday, March 11. Three slides at Monticello Park were replaced. One slide was damaged from vandalism and the other two slides were replaced as a result of wear and tear. The manufacturer replaced the slides at no charge. 384 La Quints Community Fitness Center Counts for March 2013 Day Memberships Sold Rubys Sold Sapphires Sold Diamonds Sold Walk-ins Sold Daily Counts Daily Totals 1 19 5 141 165 2 10 7 62 79 3 0 4 19 5 210 234 5 9 3 161 173 6 21 1 5 190 216 7 11 10 107 128 8 14 8 155 177 9 7 66 73 10 0 11 13 1 6 218 238 12 9 10 158 177 13 13 2 15 14 10 5 182 197 15 6 6 1 170 182 16 1 3 4 17 0 18 14 7 182 203 19 1 2 55 58 20 3 2 137 142 21 15 2 164 181 22 13 2 145 160 23 2 1 1 58 61 24 0 25 12 4 166 182 26 6 77 83 27 12 9 113 134 28 4 5 80 89 29 8 9 84 101 30 3 62 65 31 i 0 AVG 10.29 1 0 0 5.13 125.84 151.1 INTA �2497 ZQ� �0� =#23= �311W4 13.5I1H1 Ruby Level = $50.00 Self -Directed Program; One Year -Key Use Sapphire Level = $175.00 All Ruby Level Benefits; Pre -Fitness Assessment Test; Custom Designed Program by Personal Training Staff; Post -Fitness Assessment Test Diamond Level = $295.00 All Ruby and Sapphire Level Benefits; Three Additional Personal Training Sessions • Members Sold is the # of memberships sold that day. • Walk-ins are people without membership cards that are paying a daily $5 fee. • Daily counts are the # of Members coming into the center that have had their membership cards scanned by us. • The totals at the end of each row is the total of all of the above transactions for the day 385 DEPARTMENT REPORT: 5(13) WA MEMORANDUM TO: Honorable Mayor and Members of the City Co nciI FROM: Edie Hylton, Community Services Director DATE: April 16, 2013 RE: Quarterly Marketing Report Per the City's contract with FG Creative, Inc., the third Quarterly Marketing Report for Fiscal Year 2012/2013 is attached. 3�n MARNMNR PLAN Third Quarter Report of Fiscal Year 2012-2013 Implemented by F/G Creative, Inc. Cooperative Marketing Program: Secured four co-op partners for the BNP Paribas Pairings package produced by The Desert Sun. The partners included Old Town La Quinta, Lavender Bistro, Las Casuelas Quinta and Okura. Each partner was "featured" in an ad that rotated 3 times throughout the 12 days the Pairings Sheets were distributed both in the full run of the Desert Sun and also at the tournament. The City was also promoted as a shopping and dining destination "just minutes away." (Attachment 1) Public Relations: Wrote and distributed press releases to promote monthly events in La Quinta, as well as news items such as the closure of Adams Street Bridge, amended City Hall hours, the launch of GoRequest, the 9/11 Memorial unveiling and the new History of Golf in La Quinta exhibit at La Quinta Museum. Although the PR fees were reduced this year, FG Creative has maintained the same level of PR support and service (Attachment 2) Facebook "Fan Page": As an added value service, FGC maintains the Fan Page by creating graphics, posting 4-5 times per week and interacting with fans and other related pages. In addition, the Pay -Per -Like program was reinstated for January through June, and since January 1, over 3,700 new fans have joined, bringing the total to 11,700. The average weekly reach is 55,000 Facebook users. In comparison, neighboring cities have much lower fan bases. PlaylnLaQulnta.com Website 8 iPhone App: Monthly updates to events, and home page ads reflect the most current upcoming events. Shopping & Dining directory updates are made as received by City Staff. All directories for events 38l and businesses are housed on a database that updates both the website and the phone app. Annual Newsletter: The City's annual newsletter was completed and distributed to all households in early January 2013. (Attachment 3) Local Advertising Campaign: Coordinated and produced all ads for 'in season' local advertising campaign, which ran in The Desert Sun, the East Valley Sun and on radio stations including KPSI-FM, KPLM-FM, Eagle 106.9 FM, KNWZ-AM and KEZN-FM. Created new print ads each week, and new radio ads 1-2 times per month with very direct call -to -action messaging to bring patrons to La Quinta for events, shopping, dining and recreation. (Attachment4) Pay -Per -Click Advertising: There are two paid advertising programs in process. • Local Pay Per Click advertising is in place gamering exposure among those using search engines to find things to do, shopping, dining, golfing and where to stay in La Quinta. • Regional Pay Per Click targeting the coastal drive markets, using keywords for golf, travel, events. New Photography: Developed an RFP for new La Quinta photography, and currently scouting and creating a timeline for capturing the new shots. GORequest Promotion: Consulted on launch of GORequest system and assisted with promotional materials for the program including a flyer and business card. (Attachment S) Meetings L New Initiatives: Creating recommendations for supporting the La Quinta restaurants participating in Restaurant Week. Developing a promotional plan for July 4th events in La Quinta. Participated in the City's Quarterly Marketing Committee meetings. 3 8'a ! (1 i ' \�♦ } l w Nr. � .rr�.rf`zl �, t•.. 1 1 • •• FOR JANUARY CALENDARS CITY OF LA QUINTA JANUARY 2013 EVENTS COMMUNITY SERVICES SPECIAL EVENTS S ACTIVITIES Humana Well -Being Walk Saturday, January 12 Start the morning off with an active warm-up led by Alisabeth Stephens of the Desert Recreation District. Alisabeth is a NASM Certified Fitness Professional sure to get you moving. The walk takes place on the Bear Creek Trail. This is a 5 3/4 mile (round trip) walk. Along the trail will be 4 rest stops, each stop will have snacks, drinks and a special prize for your effort. Registration at La Quinta Community Park, 7-8am (77865 Avenida Montezuma) Walk starts at 8am FREE Humana Healthy Fun Fair Saturday, January 12 Join us for a fun day full of healthy activities, live performance by the New Sensations Party Band, Interactive Kids Fun Zone with inflatables, carnival games with prizes, rock climbing wall, open access to La Quinta Community Fitness Center, and more. Local nonprofits and health based agencies will be on -site promoting their programs and services. A great time for the whole family! La Quinta Community Park (77865 Avenida Montezuma) 9am - 1 pm FREE Humana Day at the Certified Farmers Market Sunday, January 13 Join us for top notch freshness at the La Quinta Certified Farmers Market. Local farmers will have their fresh fruits, vegetables, breads, flowers, and more for 1 sale! Check out slow food demonstrations by some of the hottest chefs in La Quinta and a food competition by our very own La Quinta High School Culinary . Arts Program. 3 � � Old Town La Quinta 8am - Noon FREE For more information, contact Community Services at (760) 777-7090 or visit www.!a-quinta. oiq/communityservices. IT'S YOUR LIBRARY The La Quinta Public Library offers FREE programs for the whole family. The Library offers weekly story times, monthly book clubs, educational series, and special programs such as entertainment and movies. A few programs for January are highlighted below: No School Movie Time! Thursday, January 3 -10:30 a.m. & 2:30 p.m. See two great movies on a non -school day and enjoy FREE popcorn! Schedule: 10:30 a.m. - "Madagascar 3" and 2:30 p.m. - "Brave" Family Movie Time! Sunday, January 13 -1:00 p.m. Join us for a family movie, "The Dark Knight Rises," and enjoy FREE popcorn. Healthy Kids Series Tuesdays, January 15, 22, & 29 - 5:30 p.m. Learn how to make better eating choices and stay fit for a new year in this educational series for the entire family. Children welcome! Register by calling (760) 771-0395. Pre -Beginning Computer Class Thursdays, January 17, 24, & 31 -10:00 a.m. Very basic computer class. Registration on the first day of class, only 12 spaces available on a first come, first serve basis. An Evening with Friends Thursday, January 17 at 6:00 PM Enjoy an evening by a talented performer, "Vocalist Rose Mallet." Don't miss out!!! The Library will be closed January 1 and 21, 2013. For more information, call (760) 564-4767 or visit www.riv!ib.net EXPLORE YOUR MUSEUM The La Quinta Museum has a lot to explore. Be sure to visit the museum Gift Shop to see the new merchandise that's just arrived! 1 390 EXHIBITS Emerald Gems: History of Golf in the Coachella Valley January 18 - May 4, 2013 The Coachella Valley is one of the world's best destinations for golfers. When the Robb Report named La Quinta "America's ultimate golfing destination, " the City was thrust into the international spotlight bringing global recognition to the golfing mecca it has become. It is fitting that the La Quinta Museum showcases golf with an exhibit of the sport's history, memorabilia, equipment, course design and much more. La Quinta and golf have become synonymous. EVENTS First Friday with Robyn Spangler Voted LA's best female cabaret artist in 2011, Spangler showcases Linda Ronstadt's career through four decades, and covering nearly every genre. Date: January 4 Time: 5:00 p.m. to 7:00 p.m. Cost: Free Story Time at the Museum This month's story time will feature Over in the Arctic: Where the Cold Winds Blow by Marianne Berkes. A related craft will follow. Date: January 2 Time: 10:00 am Ages: 3-5 Historical Society - Geological Tour & Lunch Harry Quinn is an engaging presenter and has written several publications for the Coachella Valley Archeological Society. Date: January 17 Time: 8:30 a.m. to 3:00 p.m. Cost: $35 members/$40 non-members Historical Society - History of Golf Judy and Andy Vossler are legends in La Quinta. Their knowledge of golf in the desert is renowned. Come listen to their fun and factual stories. Date: January 31 Time: 5:00 p.m. to 7:00 p.m. For more information, contact the La Quinta Museum at (760) 777-7170. 391 i 4 :^�� i l ° • ;'t f �&auW� = GEM of the DESERT Ex" pry:, f y1 w A FUN -FILLED JANUARY IN LA QUINTA! January is filled with spectacular events and things to do in the City of La Quinta. Mark your calendar and join in on the funl 10- NEW EXHIBITI History of Golf in the Coachella Valley • Opening January 18 La Quinta Museum • Hours: Tuesday -Saturday, I0am-4pm As one of the world's fop golf destinations, the Coachella Valley is rich with golf history. Come enjoy an exhibit of sports history, memorabilia, equipment, course design and more at Lo Quinta's main attraction. Museum admission is FREEI www.ocqinloquinto.com Art Under the Umbrellas • January 19 Old Town La Quints • 10am-4pm Presented by La Quints Arts Foundation, this arls event showcases 80+ artists lining the sheets of Old Town Lo Quinta exhibiting their original creations. FREE admission, artwork available for sale. • www.lgaf.com ® Hot Rod & Custom Car Show • January 27 La Quinta Community Park • 9am-4pm Hosted by the La Quinta Chamber of Commerce, this impressive car show features sleek hot rods and custom cars. Admission is FREE! www.lgchamber.com City OF IA Q-UINTA • 78-495 CALLS TAMPICo, LA OuiNTA, CA (760) 777-7035 • www.IA-Q_UINTA.ORG FOR IMMEDIATE RELEASE FOR ADDITIONAL INFORMATION CONTACT: TIM JONASSON, PUBLIC WORKS DIRECTOR/CITY ENGINEER 760-777-7042 CITY OF LA QUINTA PUBLIC WORKS DEPARTMENT RECEIVES AWARD FOR STUDENT VOLUNTEER PROGRAM LA QUINTA, CA - For the 4"' consecutive year, the City of La Quinta's Public Works Department is the recipient of the American Public Works Association (APWA) B.E.S.T. Award for its annual Student Outreach Program. Members of the public and the media are invited to witness presentation of the award at the next La Quinta City Council meeting: Date: Wednesday, January 2, 2013 Time: 4:00 PM Place: La Quinta City Hall Council Chambers 78495 Calle Tampico, La Quinta, CA 92253 Those recognized will be students, high school counselors, and city staff for their participation in the annual Public Works Department Student Outreach Program that is conducted as a part of National Public Works Week (NPWW). In 2008, the City of La Quinta Public Works Department initiated a Student Outreach Program as part of its APWA National Public Works Week (NPWW) celebration. Since that time, the department has been working closely with La Quinta High School counselors (Carol Ramirez, Katherine Overley and Ken Blake) to identify students that have shown an interest in math, physics, and science and may be considering a career in engineering to participate in the annual Student Outreach Program. Students go through orientation and then spend the rest of their volunteer hours attending training modules that are designed to give them a broad exposure to Public Works. The training modules include: traffic engineering/operations; engineering plan checking; development services plan checking; street maintenance; graffiti abatement; land actions; public counter, engineering archive/permits; GIS mapping/NPDES/FEMA; and construction management. Students get "hands on" training in all of the above areas. On average, students volunteer between 25 and 40 hours of their time. At the end of the program students are given a performance evaluation and constructive feedback regarding their attendance, initiative, ability to get along with others and work performance. At the conclusion of the program, students are invited to attend a graduation ceremony and lunch where they receive a letter from the Public Works Director and a certificate of completion. 393 Don Adolph, Mayor of the City of La Quinta, speaks to the students and parents at the graduation lunch every year to show his continued support for the program. Timothy R. Jonasson, P.E., Public Works Director/City Engineer, informs the students and their parents about the scholarships available through the APWA Coachella Valley Branch. Students are asked to complete an evaluation of the Student Outreach Program, and this information is used to improve the program each year. Interested and prospective students should contact: Timothy R. Jonasson Public Works Director/City Engineer Phone: (760) 777-7042 Email: ttionasson0la-guinta.ora About National Public Works Week (NP": National Public Works Week is observed each year during the third full week of May. Through NPWW and other efforts, the American Public Works Association (APWA) seeks to raise the public's awareness of public works issues and increase confidence in public works employees who are dedicated to improving the quality of life for present and future generations. 394. J ri CITY OF LA QUINTA • 78-495 CALLE TAMPICo, LA QUINTA, CA (760) 777-7035 • wwwAA-QuiNTA oRG Media Contact: Andrea Carter Director of Publicity / FG Creative (760) 773-1707 or andrea(&-fgcreative.com FOR IMMEDIATE RELEASE January 15, 2013 LA QUINTA MUSEUM HOSTS HISTORY OF GOLF EXHIBIT (La Quinta) - The La Quinta Museum is pleased to be hosting Emerald Gems History of Golf in the Coachella Valley from January 18 through May 4. The exhibit will include items from the archives of the Humana Challenge, Sunnylands, the City of La Quinta, and much more. The exhibit will showcase the sport's history, memorabilia, equipment, and course design among other important aspects of golf. Since Robb Report named La Quinta as "America's ultimate golfing destination," the City has been internationally recognized. There are over 150 courses in the Coachella Valley, 20 courses of which are located in La Quinta. The La Quinta Museum is open to the public Tuesdays through Saturdays, 10am to 4 pm. Admission to the History of Golf exhibit will be free. The Museum is located in the historic La Quinta Cove neighborhood at 77885 Avenida Montezuma. For more information please call 760.777.7170. 393 i Cmr OF 1A QUINTA • 78-495 CAI.I.E TAMPICO, LA QUINTA, CA 92233 `"' (760) 777-703S • www.LA-QinNTA.ORG Contact: City Manager's Office 760.777.7030 wlatta(ccilla-guinta.org MEDIA ALERT! For Immediate Release January 17, 2013 CITY OF LA QUINTA CITY HALL ANNOUNCES AMENDED HOURS ON JANUARY 22 Staff Training To Take Place La Quinta, CA - The City of La Quinta has announced amended hours for Tuesday, January 22, 2013 at City Hall to accommodate planned staff training sessions. For that day only, City Hall will open at 10 am, instead of the usual opening time of 7:30 am. Regular hours of operation remain in effect for all other days, Monday through Thursday, 7:30 am to 5:30 pm and Friday, 8:00 am to 5:00 pm. For more information, please call 760 777-7030. awn. ago CFTY OF L1 QUINTA • 78-495 CALLS TAMPIco, LA QuiNTA, CA (760) 777-7035 • www.U-QurNTA.oRG Media Contact: Andrea Carter Director of Publicity / FG Creative (760) 773-1707 or andrea(&fQcreative.com FOR IMMEDIATE RELEASE January 21, 2013 City of La Quinta to Dedicate and Unveil 9/11 Memorial Tomorrow (La Quinta, CA) On Wednesday, January 23, 2013 at 4pm, the City of La Quinta will become the only City in the Coachella Valley to have an authentic piece of steel from the World Trade Center and Ground Zero. Located at the Civic Center Campus (behind La Quinta Library), there will be an unveiling and dedication ceremony to remember those who lost their lives September 11, 2001, and those affected by the tragedy. This event will also double as an Eagle Court of Honor for the young man who helped bring the piece of history to the desert, Andrew Davis. Davis, now 18, began this project as a means of obtaining his Eagle Rank. "This is something that hits very close to home for our family," said Mike Davis, Andrew Davis' father. In September of 2001, Mike Davis was in New York working at the U.S. Open tennis tournament. He had planned to go to the Stock Exchange the next morning, but at the last minute, decided to come home to his family. "The subway that we would have taken would have taken us right by the Towers," said Mike Davis. A few years later, Mike showed his son an article about a little boy who helped get a memorial built in his town. Andrew, although he was only 6 at the time, has a distinct memory of the day that his dad could have been taken away from him, but out of luck was stuck at LAX instead. "He decided that this is something that everyone should remember and reflect on," added Mike Davis. There were a lot of people involved in this project. Andrew raised about $20,000 in cash through fundraisers, the City of La Quinta donated over $35,000 plus time and land. After Andrew made a presentation during the January 4, 2011, City Council meeting, artist Robert Radi spoke with staff at the City of La Quinta and said that he wanted tp, g pay for the shipping of the steel. Radi also donated hisrtime in designing the display and redesigning it after receiving the exact size of the piece of steel the City would be receiving. "For Andrew to pick this as an Eagle Scout project was huge. We've grown a lot in the past couple years together, and to see the community come together to make this happen is incredible. So many resources and finances were given and so many touching stories told, everyone coming together to make this happen is really encouraging," said Mike Davis. The Memorial will be located at 78275 Calle Tampico. For more information, please contact Community Services Department 760.777.7090. 39d d LA QUINTA S `HAPPENINGI There are a number of spectacular things happening in the City of La Quinta. Mark your calendar and join in on the fun! Hot Rod & Custom Car Show • January 27 La Quints Community Park • 9am-4pm Hosted by the La Quinta Chamber of Commerce, this impressive car show features sleek hot rods and custom cars. Admission is FREE! www.lgchombeccom NEW EXHIBITI History of Golf in the Coachella Valley La Quinta Museum • Hours: Tuesday -Saturday, 10am-4pm As one of the world's top golf destinations, the Coachella Valley is rich with golf history. Come enjoy an exhibit of sports history, memorabilia, equipment, course design and more at La Quinta's main attraction. Museum admission is FREE! www.playinlaquinto.com I►Art Under the Umbrellas • February 9 Old Town La Quinto • I Oam-4pm Presented by La Quinta Arts Foundation, this arts event showcases 80+ artists lining the streets of Old Town La Quinta exhibiting their original creations. FREE admission, artwork available for sale. www.lgaf.com 3,39 7 x _1 CFTY OF LA QUINTA • 78495 CALLS TAMPIco, LA QUINTA, CA (760) 777-7035 • wwwAA-QvINTA oRG FOR FEBRUARY CALENDARS CITY OF LA QUINTA FEBRUARY 2013 EVENTS COMMUNITY SERVICES SPECIAL EVENTS & ACTIVITIES Tails on Trails February 16 - 10:00 AM In partnership with the La Quinta Cove Neighborhood Association Join us for a fun -filled morning for the entire family and your dogs! Activities will include: Short Hikes, Dog Contests with Prizes, Information Booths, Hand-outs and Giveaways. La Quinta Cove Oasis (Top of the Cove, corner of Madero & Tecate) FREE FREE Guided Hikes All Guided Hikes meet at the Top of the Cove parking lot on Calle Tecate. Sunday, February 3 - 9:00 AM Led by Bureau of Land Management Staff RSVP REQUIRED (760) 862-9984 Cove to La Cahuilla - Moderate Hike from the cove to Lake Cahuilla, looking for endangered bighorn sheep, observing desert adaptations and learning about the Monument in your backyard. Saturday, February 9 - 9:00 AM Led by Cove Neighborhood Association Volunteer Bear Creek Palms - Strenuous* *This hike is listed as strenuous; please consider your personal abilities before attempting this hike. Friday, February 22 - 9:00 AM Led by Bureau of Land Management Staff RSVP REQUIRED (760) 862-9984 Cove to La Cahuilla - Moderate Hike from the cove to Lake Cahuilla, looking for endangered bighorn sheep, observing desert adaptations and learning about the Monument in your �� backyard. FREE Nature Walks Nature walks meet at the shade shelter on the Bear Creek Nature Trail, corner of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. Walks for Kids & Families Saturday, February 9 at 9:00 AM Let's Plant a Seed! Plants from Roots to Shoots Adult Walk Saturday, February 16 at 8:00 AM Backyard Habitat: How to Attract Wildlife to Your Garden Provided by the Stewards of the Fred Wolff Nature Preserve For more information, contact Community Services at (760) 777-7090 or visit www. la -quinta. oro%ommunityservices. IT'S YOUR LIBRARY The La Quinta Public Library offers FREE programs for the whole family. The library offers weekly story times, monthly book clubs, educational series, and special programs such as entertainment and movies. A few programs for February are highlighted below: Family Movie Time! Sunday, February 10 - 1:OO PM Join us for a family movie "The Color Purple" and enjoy FREE popcorn. Please pick up your movie ticket at the front desk on the day of the movie. Space is limited! No School Movie Time! Monday, February 11 - 10:30 AM & 2:30 PM Come watch two great movies on a non -school day and enjoy FREE popcorn! Movie schedule: TBA. Please pick up your ticket at the front desk on the day of the movie. Space is limited! Chocolate Festival Wednesday, February 13 - 3:00 PM (Teens) & 5:30 PM (Adults) We'll be having a sweet afternoon with lots of chocolate tasting and quick recipes. An Evening with Friends Thursday, February 21 - 6:00 PM Enjoy an evening of great performances by a group of talented individuals. Retired music executive Eddie Gilreath will host the event as we celebrate the lives of Sammy Davis Jr., Ella Fitzgerald, and Ray Charles in honor of Black History Month. For more information please pick up a flyer or rack card at the La 1. 431 Quinta Library. ESL Classes Tuesdays, Starts February 26 - 10:30 AM Beginners English Class taught by Patricia Wainwright. Registration Required The Library will be closed February 12 and 18, 2013. For more information call (760) 564-4767 or visit www.rivlib.net EXPLORE YOUR MUSEUM EXHIBITS Emerald Gems: History of Golf in the Coachella Valley January 18 - May 4 When the Robb Report named La Quinta "America's ultimate golfing destination," the City was thrust into the international spotlight bringing global recognition to the golfing mecca it has become. It is fitting that the La Quinta Museum showcases golf with an exhibit of the sport's history, memorabilia, equipment, course design and much more. With more than 150 area courses the Coachella Valley and golf have become synonymous. EVENTS First Friday with Faultline and The Hummmbugs (Quartets of the Sandblaster Chorus) The Sandblasters have been the desert's premier a cappella singing group for over 34 years, singing sing many different styles of music including ballad, toe- tapper/swing, seasonal, patriotic, upbeat and show tunes. Date: February 1 Time: 5:00 PM - 7:00 PM Cost: FREE Story Time at the Museum Love is in the air! This month's story time will feature the book, Never Too Little to Love, by Jeanne Willis. A related craft will follow. Date: February 6 Time: 10:00 AM Ages: 3-5 Historical Society Tour of Historical Casitas in La Quinta Cove Maggie Gordon, author of Historical Casitas of La Quinta Cove, will be our guide on this previously sold out tour. It ends with a cocktail party so all can reprise the d6cor and imagination that goes into maintaining these first homes in La Quinta. Reservations by February 15. Checks to La Quinta Historical Society, P.O. Box 1283, La Quinta, CA 92247. Questions: (760) 564-1283. Date: February 21 Time: 1:00 PM - 5:00 PM Meet at the Museum Cost: $25.00 members/$30.00 non-members For more information, contact the La Quinta Museum at (760) 777-7170. Criy OF LA QuiNTA • 7849S CALLE TAMPICo, LA QutNTA, CA (760) 777-7035 • www.U-QUtNTA.oRG FOR IMMEDIATE RELEASE City of La Quinta Launches GORequest System for Reporting Issues in the Community (La Quinta, CA - February 6, 2013) Residents, businesses, and visitors no longer need to call City Hall for service requests and complaints on issues such as graffiti, street or park repairs, abandoned vehicles, and accumulated debris. The City of La Quinta's new GORequest reporting system allows convenient 24/7 reporting from a GORequest mobile app that is FREE to download on iPhones and Androids. The City is announcing its recently -launched app today, now allowing residents and visitors to report issues as they see them when they are out and about in the community. Observers in the community can report issues related to: Streetlight Problems, Animal Control, Graffiti, Potholes, Sidewalk Repairs, Landscaping, Traffic Signals, Code Enforcement, and more. "This technology will improve our efficiency, which is important during this time when we are facing budgetary challenges," said Tim Jonasson, Public Works Director. "This is also a very a convenient way for people out in La Quinta to report anything they encounter that requires our attention." The new system is easy to use. From a mobile phone, a person can download/open the app, select an issue, take a picture and tap "submit." The GPS and camera features on smart phones will provide the City a picture and location of the issue. The request will automatically be sent to the right staff member to ensure the problem is resolved quickly. A tracking number will be issued to provide the status of the service request. GORequest can also be accessed via the City's website, www.la-guinta.org/GOReguest. For more information, contact City staff at (760) 777-7113 or gorequest@la-guinta.org. I ., a La njta eautful# Download the new FREE GORequest app and report issues you see in La Quinta while you are Iout and about in the community! REPORT ISSUES LIKE: • Graffiti • Traffic Signals • Dust Control • Sidewalk Repair • Barking Dogs, Dogs Off Leash • Potholes►,,m Code Enforcement Overgrown Trees & Shrubs ... and more! 1 .\1 r rty� FREE Phone App ❑ ..,. oa No Smait'Phone$ No.Probleinl You can also:occess GORequest on thWweb at ' la'quiMa org/GOREQUEST,; .-= {{ �� +} GEM ajthe DESERT b 4 0 r Help :Keep Q«trvLa Quints Beautiful! t �wnload the new FREE GORequest app' F and report isue; you see in La Qurnfa while u 1!} you are out and ob.6 in the commundyl Scan B .Download GoRequest Heml I_s REPORT ISSUES LIKE:,, Pat is Tra4cSigm6 •`:CodeEhiorcement"i'. �• ,• Dust Conhd •. Borid ng.Dogs s.-".,-•" '. -, • SideNA Repar h + Overghow ,Vies & 5hrubs...and morel •r-" r, No SmPh art omP,, No Problems r�;. .• � ' You can also access GORegeea on the v'ab at to qutMa.urg/GOREQUEWT rr, Yp C Ir : - : r r1 CHY OF IA QUINTA • 78495 CAVE TAMPICO, IA QUINTA, CA 92253 Is (760) 777-7035 • wwwJA-QviNTA.OnG FOR IMMEDIATE RELEASE Adams Street Closed for New Bridge Construction (La Quinta, CA - February 20, 2013) Beginning this Friday, February 22, at 7:00pm, Adams Street in La Quinta will be closed through Saturday, February 23, at 7:00 am. The scheduled closure will extend from Corporate Centre Drive to Blackhawk Way. Drivers should use alternative north/south routes, such as Washington Street, Jefferson Street, and Dune Palms Road. The closure will allow the contractor to close the existing bypass road and put traffic onto the newly constructed bridge while the second half of the bridge is constructed. According to Bryan McKinney, Principle Engineer, this closure will mark the half way point for the project, which is set to be complete late August 2013. For more information, contact Bryan McKinney at (760) 777-7045. 4�6 S t i' IIH✓v `,e FOR MARCH CALENDARS CITY OF LA QUINTA MARCH 2O13 EVENTS COMMUNITY SERVICES SPECIAL EVENTS & ACTIVITIES FREE Youth Egg Hunt Saturday, March 30, La Quinta Park 9:00 a.m. Got candy? Get plenty to fill your basket at our annual egg hunt! Look for goodies, toys, and surprises scattered all over the park for kids to collect. Other activities include a chalk drawing contest, games, bounce house, and live performances! And a special visit from the Easter Bunny, too! FREE Guided Hikes All Guided Hikes meet at the top of the Cove parking lot on Calls Tecate. Friday, March 8 - 8:00 a.m. Led by Bureau of Land Management Staff RSVP REQUIRED (760) 862-9984 Bear Creek Wildflower Hike - easy to moderate. Bear Creek is a great place to look for desert wildflowers and see a variety of species. Learn about the threats to our native flowers and what we can do to help them continue to bloom. Saturday, March 9 - 9:60 a.m. Led by Cove Neighborhood Association Volunteer Top of the Cove Walkabout - easy to moderate Join us for a fun hike up and around the top of the Cove trails. Friday, March 22 - 8:00 a.m Led by Bureau of Land Management Staff RSVP REQUIRED (760) 862-9984 Bear Creek Wildflower Hike - easy to moderate Bear Creek is a great place to look for desert wildflowers and see a variety of species. Learn about the threats to our native flowers and what we can do to help them continue to bloom. 4")l FREE Nature Walks Provided by the Stewards of the Fred Wolff Nature Preserve All nature walks meet at the shade shelter on the Bear Creek Nature Trail, on the comer of Calle Ensenada and Avenida Montezuma in the La Quinta Cove. Walks for Kids and Families Saturday, March 9 at 9:00 a.m. Nature Rocks! Digging into our local geology. Adult Walk Saturday, March 16 at 8:00 a.m. Wildflowers, Wildflowers, Wildflowers! For more information, contact Community Services at (760) 777-7090 or visit www.la- quinta.org/communityservices. It's Your Library The La Quinta Public Library offers free programs for the whole family. The Library offers weekly story times, monthly book clubs, educational series, and special programs such as entertainment and movies. A few programs for March are highlighted below: Muncha, Muncha, March (New) Tuesdays, March 5, 12, 19, 26 at 2:30 p.m. Children ages 7-10 can join us for stories about food that go along with the Summer Reading Program "Reading is s000 Delicious." They will learn cooking tips and taste the food mentioned in the stories. Advanced Registration Required. Space is limited! Please call 760-771-0395 to register. Movie Series Honoring Women's History Month Thursdays, March 7, 14, 21, 28 at 10:30 a.m. The Library will be showing a series of films honoring women. Please pick up your movie ticket at the front desk on the day of the movie. Free popcorn will be served. Space is limited! For a list of movies showing,please visit the Library. Family Movie Time! Sunday, March 10 at 1:00 p.m. Join us for a family movie and free popcorn (movie showing to be announced). Please pick up your movie ticket at the front desk on the day of the movie. Space is limited! An Evening with Friends Thursday, March 21 at 6:00 p.m. The Heatwave Jazz and Show Band will return for the second year with a variety of music from an award winning group of musicians from schools throughout the Coachella Valley. For more information please pick up a flyer or rack card at the 4`:�8 Library. No School Movie Time! Wednesday, March 27 at 10:30 a.m. The Library will be showing a movie on a non -school day. Free popcorn will be served! Please pick up your ticket at the front desk on the day of the movie. Space is limited! Library will be closed March 31 For more information call 760-564-4767 or visit www.rivlib.net Museum Events EXHIBITS Emerald Gems: History of Golf in the Coachella Valley - through May 4 When the Robb Report named La Quinta "America's ultimate golfing destination," the City was thrust into the international spotlight bringing global recognition to the golfing mecca it has become. It is only appropriate that the La Quinta Museum showcase golf with an exhibit of the sport's history, memorabilia, equipment, course design and much more. With more than 150 area courses, the Coachella Valley and golf have become synonymous. Story Time at the Museum March blows in with the book Comes in Like a Lion and Out Like a Lamb by Hadithi. A related craft will follow. Date: March 6 Time: 10:00 am Ages: 3-5 Cost: Free Creative Friday Workshop - Papier-Mache Wall Sculpture In this class workshop artist Ann Wolf will demonstrate how to make a wall sculpture from papier-mache using either a sun or heart shape. It will be finished with a technique called paint with paper. Guests will need to bring 16" x 16" piece of corrugated cardboard (from any old box), magazines with colored pages and cereal box weight cardboard. Date: March 15 Time: 10:00 am (2 -3 hours) Cost: $10 The La Quinta Historical Society Tour The La Quinta Historical Society is sponsoring a tour of two private, historic golf courses in the Valley. The first stop will be the Annenberg Retreat at Sunnylands in Rancho Mirage (where the Presidents played). The second stop will be the O'Donnell Goff Course in downtown Palm Springs, the oldest continuously operating course in the Valley, where a historical talk will be given and lunch will be served. Date: March 20 Time: Meet at the Museum at 8:30 am Cost: $75 members ($125 per couple) and $80 non-members ($130 per couple) 4�9 � f ART IS IN THE AIR�{' March is the perfect month to get out and enjoy all that makes La Quinta's extraordinary, from arts events and hikes to a Farmers Market every Sunday morning in Old Town La Quintal 0. La Quinfa Arts Festival • March 7-10 La Quints Civic Center Campus • 9am-4pm Don't miss the Lo Quints Arts Festival, ranked # 1 in the nation! Presented by Lo Quinta Arts Foundation, the event features over 230 distinguished contemporary artists. Enjoy live entertainment, food, and wine. • Tickets: www.LQAF.com P Nature Walk for Kids & Families • March 9 Bear Creek Nature Trail • 9am Bring the family out to dig into the local geology, because nature rocks! Provided by the Stewards of the Fred Wolff Nature Preserve, this nature walk will meet and begin from the shade shelter on the Bear Creek Nature Trail (corner of Calle Ensenada and Avenida Montezuma). jD Art Under the Umbrellas • March 23 Old Town Lo Quinta • 10am-4pm Presented by Lo Quinta Arts Foundation, this arts event showcases 80+ artists lining the streets of Old Town La Quinto exhibiting their original creations. FREE admission, artwork available for sale. • www.lgof.com s 7RE CPIY OF I.A QUINTA • 78495 CAVE TAMPICO, I.A Q-UINTA, CA 92253 - (760) 777-7035 • www.LA-QuiNTA.ORG FOR IMMEDIATE RELEASE CITY OF LA QUINTA CITY HALL ANNOUNCES AMENDED HOURS ON MARCH 11, 2013 La Quinta, CA - The City of La Quinta has announced amended hours for Monday, March 11, 2013 at City Hall to accommodate a planned staff meeting for all city employees. For that day only, City Hall will open at 9:00 a.m., instead of the usual opening time of 7:30 a.m. Regular hours of operation remain in effect for all other days, Tuesday through Thursday, 7:30 a.m. to 5:30 p.m. and Friday, 8:00 a.m. to 5:00 p. M. For more information, please call 760 777-7030. A". 411 IWIA'W IIKi.V WVVIIY n1ViGYIII.F' P t, 'S o t 116 iN t �.r Your Japanese Oasis in the Desert -- ` Explore the fusion of Japanese and California cuisine at Okura Robata Grill & Sushi Bar! • Enjoy sushi, appetizers, salads, steak, tempura and specialty desserts • Extensive wine and sake list with full bar in elegant Asian Flare Located at Point Happy, at the northwest - 110 corner of Highway 111 & Washington Street. ' (760) 564-5820 www.OkuraSushi.com 114 .j FREE r• - GEM ofthe DESERT iPhone Y App Visit PlaylnlaQuinta:com 412 ppppr Client: COLA Date: 3/5/13 Job: 13COLQ7501 FG &_ f:,e P4!' 4L �R lavender st. o- A�W The Best Kept Secret in La Quinta Lavender Bistro creates unforgettable dishes combining the finest meats and seafood with the freshest ingredients. Dine on our beautiful VF, :x tree -lined patio starting at 5:30pm nightly. Located south of Old Town in the Lo Quinta Village. 78073 Calla Barcelona, Lo Quinta, CA 92253 )760) 564-5353 www.LovenderBistro.com,,,1.,/�— _ t - %l � L l q FREE X _t -- GEM ofdw DESERT iPhone : MINIM App Visit PlaylnLaQuinta cord n0❑0 n(�nnn'n` 'sdo;l v soc s', �escr _�mu,.�us wes: a'w;sningron sreer. 777,1770 wwwiOldTownLaQumta.com' t Department Report: _!__ SL=� — y OF T TO: Honorable Mayor and Members of the City Council FROM: Timothy R. Jonasson, Public Works Director/City EngineerQ DATE: April 16, 2013 SUBJECT: Public Works Department Report for March 2013 1. To date, the City's GORequest reporting system has received nearly 2,200 requests. Over 1,400 have been submitted by citizens as requests for service, with the remainder submitted by Public Works crew members as work orders. Public Works staff is planning a GORequest users meeting with other City departments to review any issues with the system as well as provide material that will help promote GORequest to the community. 2. The Maintenance Division is using GORequest as their work order system, which has eliminated paperwork and tracks costs/materials for the daily tasks of City crews. Crews continue to repair potholes, concrete sidewalks, trip hazards, street and landscape lights, as well as replace missing or damaged signs and remove graffiti in parks and commercial areas. 3. Granite Construction, the contractor for the Adams Street Bridge Improvement Project, has completed construction of the west half of the bridge and has moved traffic onto the new bridge while constructing the eastern half. Granite has placed two of the bridge column rebar cages and is currently working on the third and last. Progress on the project is being tracked on the Adams Street Bridge Project Facebook page. The completion date for the bridge is September 2013. 4. On September 18, 2012, the City Council approved an amendment to the cooperative agreement for the Madison Street Improvements Project. The City of Indio advertised Phase I of the project for bid on October 16, 2012, and awarded a construction contract to Granite Construction on December IP. 416 5, 2012. The work has been completed and is open to traffic in time for the 2013 Coachella music festivals. 5. Construction of the Fred Waring Median Landscape Improvement Project is complete. 6. The City opened bids for the Calle Sinaloa and Avenue 52 Sidewalk Infill Project on March 7, 2013. Due to errors in the bids of the two lowest bidders, staff is recommending that Council, at their meeting on April 16, 2013, reject all bids and direct staff to re -advertise the project for bids. 7. City staff will hold a public meeting on April 11, 2013 at the Boys and Girls Club to discuss the Sports Complex field lighting project with residents of adjacent neighborhoods. 8. The City's 2013 National Point Discharge Elimination System Permit is being negotiated with Regional Water Quality Control Board staff. Regional Board staff expects the board to adopt the new permit at their meeting of June 20, 2013. City staff is doing everything possible to ensure that the new permit requirements are "desert appropriate." 9. Staff has been working closely with the developer for the Diamante project on Avenue 52. The second westbound lane (along Diamante's Avenue 52 frontage) is being constructed and is expected to open to traffic in time for the Coachella music festivals. This additional capacity on Avenue 52 is expected to help alleviate congestion due to event traffic. 10. The City's consultant has started work on an audit of County Special Assessment District 152 (storm water/clean water assessment). 11. Staff is working with Southern California Gas Company on their citywide advanced meter project. Southern California Gas is installing technology that will allow for remote meter reading collection and transmittal. 41i DEPARTMENT REPORT: f MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Timothy R. Jonasson, Public Works Director/City Engineer vmlj� DATE: April 16, 2013 RE: Response to Public Comment The attached letter from Laguna de la Paz resident, Carolyn Todd, was presented at the April 2, 2013 City Council meeting. It expresses concern about the aesthetics of the green wind screen attached to the chain link fence surrounding the former Laing Luxury Homes site and asks if it can be removed since there appears to be no green chemical stabilizer on the site. The City of La Quinta fugitive dust control ordinance (not the South Coast Air Quality Control District) requires that the site have physical access restricted in order to protect the stabilizer from vehicles and pedestrians. This does not necessarily require the use of a chain link fence with windscreen. However, this often is the most economical means for providing security and additional wind protection for the site. The City has used a recycled post and cable system on its lots in The Village, which might be an alternative for at least the frontage of the lot on Washington Street. If desired by City Council, staff will prepare a cost estimate for this option and include it with the upcoming Capital Improvement Program public hearing scheduled for May 7, 2013. Please be advised that the site is still stabilized, but was done with a brown colored stabilizer in order to improve the site aesthetics. Attachment: 1. Todd correspondence (with photographs) 418 S:ulgenda STAFF REPORTS ONLY\DI I - PW Response to Public Comment.doc 4(zP013 April 2, 2013 To the La Quinta City Council: In September of 2009 I wrote to and received an answer from the AQMD about why the green fence on Washington between the Catholic Church and Laguna De La Paz could not be removed. It is now three and half years later and the fence is still there. There is no longer any of the green stabilizer (see pictures) to protect and as I understand it the property is in bankruptcy and I would guess that all of the $2000 bond left by the builder for maintenance has long since been used up. This ugly green fence is on the main thoroughfare into La Quinta, which bills itself as the Gem of the Desert Anyone coming to the La Quinta Hotel, the Old Town area or to visit friends and family in the west side of town must pass by this fence which is certainly not the image that the Gem of the Desert would want to project I would like to know if the city has made any recent efforts to get permission to remove that fence and if not, 1 would like to see the council use whatever influence and powers of persuasion it has to convince the AQMD to allow that fence to be taken down. This is the desert after all. If you don't want to live with sand and dust, you should not live here. Sincerely Carolyn Todd 48649 Paseo Tarazo (resident - Laguna de la Paz) 419 , I c, ',1' , " 0 24- j . pl-,.. 7 AF, Mw� 5 f , c t r ry - rc III10 ;'AII :1I�,IdIIIi:1I,IaIII-�:IdI'IiL'A,i:I1`1 Table of Contents • Crime Statistics • Map • Special Enforcement Team Report • Business District Officer Report • Business District Community Service Officer Report • School Resource Officer Report • Traffic Services Report • Community Service Officer Report • Volunteer Report 423 coy Of 0 Awflo January, February & March 2013 424 W O CO W) CO t- O N 0 _ er O i N ^ i N M OCD W W COW M 0)MILOt0 N1�- a i _ ui C-itOVi ICo'T,Ncn r i CDO', CO CO�'NN'.MO CO i .I r V W) ��d 'T0 1tVN — Ocli r-i00) \ r r r ) N � r I I 0) NIrN�CNOO ee�} �j ED - v>4 v; CD M nl N N i r 0) M i p 000tt0ODf--O -CO _ w tpM ciC4 N r MiCA(O�I�t�If�Oi"{��pp� N� �A Ot'M MCO I�tt1l — Ld G tC M t+i N ilf r r I N r r, O CO r (0 O tQ CO 0) to 1�- V co r to — r V) 4 N N .- I e- N i i CO*OD �ONscr)co 0�t , C0 (o N ;Im ; ,I — c O LA M us ici i t [ r ± N es i 425 im iio n C, m N. a, a, 0 5 5N li lz '08 - U m 0 0 4 W w C4 "Ol W) ; w 4n en r- eq in 77 IV > on u goo, x en cq In ON Ci 0, c> tV Cl N Cw Qn On Lia on: I IV U Q z .099 406 1 AVE 51 .O 5 .r Q r RO 45 S h � Y L yx av I AVE A AVE AIRPORT IYMAR a VIA LU O �1 ^"'y.r is '.w Jrd. t._.,c a s i:., •�} F r.:2. i9 �. !•3,"y#µ >i w A er '.Cd=°` r ���� ,•s �i ax , a ->A C~��4 YNRi R � .}n '� 5 2 .y. .. �, H � , A•t�k '4'b�*}�4` % � f at iEt � �.� '.W9'•" #z � s, � ✓ .�.. `> c¢.'�r,:a Le Quints Police Quarterly Slats for the )an, Feb a March 2013 SlgnlbcamAetlalty for laauary, February a March • In January, SET investigated an assault with a deadly weapon / residential burglary incident on the 52- 400 block of Eisenhower Drive. Upon further investigation, SET was able to identify and arrest two suspects for the crimes. • In January, SET responded to a theft investigation on the 49-400 block of Eisenhower Drive. Upon further investigation, SET was able to identify and arrest the suspect for eight burglaries at various golf course clubhouses within the city. • In February, SET served a property related search warrant on the 53-300 block of Avenida Vallejo. The warrant stemmed from a residential burglary; however, no property was recovered and the investigation is on -going. • In February, SET served a property related search warrant on the 43-700 block of Yucca Street, Indio. The warrant stemmed from a residential burglary; however, no property was recovered and charges were filed with the District Attorney's Office for receiving stolen property. • In February, SET conducted a probation search on the 51-400 block of Calle Jucumba. The resident was arrested for felon in possession of a firearm and violation of probation. • In February, SET assisted with a search warrant on the 44-500 block of Via Coronado. The warrant stemmed from an on -going investigation and several items of evidentiary value were recovered, and theft charges were filed with the District Attorney's Office. • In February, SET conducted a probation search on the 51-400 block of Avenida Herrera. One person was arrested for felon in possession of ammunition and violation of probation. • In March, SET conducted follow-up investigation of a vehicle theft that occurred in January 2013 on the 51-000 block of Avenida Velasco. The suspect was identified and an arrest warrant was obtained. The suspect was later arrested as he re-entered the United States -Mexico border. • In March, SET served a property related search warrant on the 53-900 block of Avenida Ramirez. The warrant was issued as a result of a check fraud. Additional evidence was recovered and the suspect was arrested for receiving stolen property, burglary and check fraud. • In March, SET addressed the increase in thefts of air conditioning units and other metal theft related to recycling of metals. SET conducted a saturation program in the area of the thefts and the recycling fa- cilities in Coachella and Indio. During the program, SET arrested sixteen people for various crimes and one arrest was for burglary and theft of an air conditioning unit. As a result of the program, the number of thefts have decreased in metal related thefts. • January to March 2013, SET conducted fifty-four probation and parole compliance checks. The checks resulted in eighteen arrests for various drug and theft crimes. 429 Summary for January, February & March 2013 ,1.^.5�.. ?r4y° '�t� �g. �-) !�♦ AME".60 k�,- pa}' x Programs 12 Search Warrants 9 Vehicle Checks/StopsChecks/Stops 82 Business Checks/MeetingsChecks/Meetings 123 Citations 14 Arrest Warrants Served 7 Investigative Follow-up 26 Arresl/Filing-Felony 12 iProperty Value Recovered $487.30 Arrest/FilingArrest/Filing Misdemeanor 15 430 SignificantAcdvityforJanuary, February & March 2013 Page 2 • In January, Business District Team coordinated a business meeting with the Loss Prevention Officers along Hwy. I I I in La Quinta • In January, BDU assisted Wal-Mart Loss Prevention in arresting two shoplifters who had fled from their business with stolen merchandise. After detaining the suspects, it was determined that the suspects were responsible for several past incidents at the Wal-Mart location. • In January, BDU investigated a suspicious person call at the Target, and arrested a suspect for possession of methamphetamine. • In January, BDU authored and served two search warrants related to a vehicle burglary at Wal-Mart park- ing lot, and arrested a suspect and recovered stolen property. • In February, BDU conducted several site surveys and updated the robbery response plans for all the La Quints, banks. • In February, BDU were on bike patrol along Hwy. 1 I 1 when they conducted a pedestrian check on a juve- nile male, and arrested him for possession of a deadly weapon, possession of marijuana, possession of co- deine cough syrup, and violation of probation. • In February, BDU organized a business district meeting with the businesses in the Wal-Mart shopping center. • In February, BDU authored and participated in a Robbery/Burglary suppression program along Hwy. 111. • In February, BDU assisted SET with probation and parole compliance checks. • In February, BDU conducted a vehicle stop on Dune Palms Road and Blackhawk Way, and arrested the driver for an outstanding felony drug warrant and possession of heroin. • In March, BDU focused patrols within Old Town La Quinta to deter crime. • In March, BDU investigated a burglary at Verizon Wireless. In partnership with the Moreno Valley Police Burglary Suppression Team, three suspects were arrested. The suspects from the La Quinta burglary were identified in multiple burglaries in the Coachella Valley, Inland Empire, Los Angeles and Orange County areas. • In March, BDU assisted Palm Desert Police SET in serving a search warrant in La Quinta. The warrant stemmed from Palm Desert's investigation into a prostitution ring operating in the Coachella Valley. • In March, BDU assisted with the 5th annual La Quinta Bicycle Rodeo. • In March, BDU conducted a pedestrian check on Hwy. 111, and arrested a subject for a felony warrant. • In March, BDU hosted a meeting at Souplantation with the property manager and several business managers/owners located in the I I I Shopping Center complex.' 431 Activity For The Quarter: Number of incidents Reports 14 Online Reports 0 Calls for Service 53 Parking Citations 38 Towed Vehicles 14 Business Checks 38 Business Meetings 3 Community Events 2 CPTED Reviews 7 Officer Philip Curia • In January, CSO Curia conducted three CPTED reviews at La Brasserie, Pro Circuit and US Bank. • In January, CSO Curia assisted with the Humana Challenge event. • In February, CSO Curia conducted a CPTED review of Homewood Suites and Circle K on Hwy. ill. • In February, CSO Curia attended a business district meeting with Loss Prevention Officers from Kohl's, Target, Wal-Mart & Marshalls. • In March, CSO Curia conducted a CPTED review at El Mexicali Cafe. • In March, CSO Curia assisted with the Bicycle Rodeo. • In March, CSO Curia organized a business district meeting at the Souplantation. Activity For the Quarter: Community Programs 5 Business Meeting 5 Community Contacts 9 Business Checks 11 Area Checks 8 OPTED Reviews 3 • In January, CSO Herrera attended the Resort Communities Security officer Jessica Herrera Association meeting at Desert Falls CC and provided statistical data for calls for service. • In January, CSO Herrera prepared the GEM article topic. • In January, CSO Herrera met with President of for Parc La Quinta HOA in reference to Neighborhood Watch and Crime Prevention. • In January, CSO Herrera assisted at the Humana Challenge event. • In January, CSO Herrera, attended a business district meeting at Canton Bistro. • In January, CSO Herrera assisted CSO Curia with a CPTED review at US Bank. • In February, CSO Herrera attended the Resort Communities Security Association meeting at Indian Ridge CC and provided statistical data for calls for service. • In February, CSO Herrera conducted a CPTED review of Duna La Quinta. • In February, CSO Herrera met with the HOA of Palmilla to discuss crime prevention techniques. • In March, CSO Herrera met with the HOA of Duna La Quinta to provide the CPTED report and discuss crime prevention techniques. • In March, CSO Herrera attended the Resort Communities Security Association meeting at Desert Ridge CC and provided statistical data for calls for service. • In March, CSO Herrera assisted with the Bicycle Rodeo. • In March, CSO Herrera prepared the GEM article topic. • In March, CSO Herrera prepared the quarterly statistical report. • In March, CSO Herrera conducted a CPTED review of Vista Dunes apartments and prepared a report for the management. • In March, CSO Herrera attended a business district meeting at Souplantation. 433 La Quints Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: La Quinta High School DEPUTY: REBECCA SMITH Officer Rebecca Smith Reports 50 Business/Ped/A.Checks/T.Stops 95 Arrests 41 Public Assists 18 D.A. Filings 41 Follow-up 14 Traffic Citations 6 Assist Other Agencies 3 Calls for Service 78 Y.A.T Referral 0 SIGNIFICANT ACTIVITY FOR JANUARY, FEBRUARY & MARCH 2O13 hi January, SRO Smith investigated a theft call, and arrested a male student for the theft and recov- ered the property. In January, SRO Smith and SRO Trueblood responded to the 46-400 block of Roudel Lane near LQHS to assist patrol with a possible hate crime, burglary and vandalism incident. SRO's identi- fied graffiti related to students from Horizon High and La Quinta High. Throughout January and February several follow-up investigations were conducted in which evidence was located to obtain a search warrant. On February 19, a warrant was served and five juvenile suspects were arrested. 434 In January, SRO Smith investigated an assault incident, and arrested a female juvenile student for assault with a deadly weapon. • In March, SRO Smith conducted a vehicle check at Horizon High School, and arrested a female student for being under the influence of a narcotic. Also arrested was an adult male for possession of graffiti ma- terials and possession of alcoholic beverage and a adult female was arrested for possession of drug para- phernalia and prescription medications without a prescription. • In March, SRO Smith investigated a disturbance on campus, and arrested three female juvenile students for public intoxication. 435 is GBlma Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: Summit High School/ Col. Mitchell Paige Middle School/ Horizon Continuation School DEPUTY: CHRISTOPHER TRUEBLOOD Reports 36 BusinessMed/A.Checks/T.Stops 92 Arrests 30 Public Assists 7 D.A. Filings 30 Follow-up 17 Traffic Citations 5 Assist Other Agencies 5 Calls for Service 36 Y.A.T Referral 0 Officer Chris Trueblood SIGNIFICANTACTIWY FOR JANUARY, FEBRUARY & MARCH 2O13 • In January, SRO Trueblood arrested a male juvenile for possession of narcotics for sales, as- sault on a peace officer, and resisting arrest. • In January, SRO Smith and SRO Trueblood responded to the 46-400 block of Roudel Lane near LQHS to assist patrol with a possible hate crime, burglary and vandalism incident. SRO's identified graffiti related to students from Horizon High and La Quinta High. Throughout -Janu- ary and February several follow-up investigations were conducted in which evidence was lo- cated to obtain a search warrant. On February 19, a warrant was served and five juvenile sus - pests were arrested. „ 436 • In January, SRO Trueblood investigated an assault incident at Summit High, and arrested a male juvenile student for assault with a deadly weapon. • In February, SRO Trueblood investigated a sexual battery incident at Colonel Mitchell Paige Middle, and arrested a male juvenile student for sexual battery. • In March, SRO Trueblood investigated a suspicious circumstance incident at Summit High, and arrested a male juvenile student for brandishing a knife on school grounds and criminal threats. In March, SRO Trueblood investigated a battery incident at Summit High, and arrested a female juvenile student for victim/witness intimidation. In March, SRO Trueblood investigated suspicious circumstance incident at Summit High, and arrested a male juvenile student for possession of a knife on school grounds. In March , SRO Trueblood investigated a suspicious circumstance incident at Colonel Mitchell Paige Middle, and arrested a male juvenile student for possession of a firearm on school grounds. In March, SRO Trueblood investigated a possible child pornography incident at Colonel Mitchell Paige Middle, and arrested a male juvenile student. .)1- 437 Le Quints Police MONTHLYSCHOOL RESOURCE OFFICER REPORT SCHOOLS: La Quints Middle School, Harry Truman Elementary, Ben Franklin Elementary, and John Adams Elementary DEPUTY:KERRIHARLAN Officer Kerri Harlan Reports 12 Business/Ped/A.Checks/T.Stops 24 Arrests 1 Public Assists 34 D.A. Filings 6 Follow-up 39 Traffic Citations 12 Assist Other Agencies 2 Calls for Service/415 17 Y.A.T Referral 7 SIGNIFICANT ACTIVITY FOR JANUARY, FEBRUARY & MARCH 2O13 • In January, SRO Harlan transported a student to Oasis Mental Health for mental health evaluation after threats of suicide. • In January, SRO Harlan investigated a vandalism incident at the La Quinta Sports Complex re- stroom. There is no suspect information. • In March, SRO Harlan investigated a disturbance incident at La Quinta Middle, and arrested a male student for possession of marijuana for sales. • In March, SRO Harlan participated in a presentation for Ben Franklin's kindergarteners for Com- munity Helpers Week. • In March, SRO Harlan assisted with the Bicycle Rodeo event. h 438 LA QUINTA POUCE Traffic Team Report The City of La Quinta received 165 calls for service for traffic collisions from December 1" 2012 to February 28's 2013. Of those calls for service, 96 (58%) were documented to written reports. Of those documented collisions, 81% of reports have been entered into the Crossroads Collision Data- base and provide the following information: The City of La Quints saw a 3% decrease in the number of traffic collisions on public roadways for December 2012 to February 2013 in comparison to the same time last year. The number of collisions resulting in iniury has decreased by 35%. in comparison to the same quarter last year. Tragically, four persons were killed on La Quints roadways during this quarter. On 12/29/12 four persons were eastbound on Avenue 52 east of Madison St when the driver lost con- trol of his vehicle and struck a tree in the center median. The results of the Investigation revealed the driver was under the influence of alcohol at the time of the collision. The rear passenger was the only survivor and suffered major Injuries. On 1/4/13 a woman was crossing Fred Waring Dr east of Dune Palms Road. She was struck by an eastbound vehicle and later succumbed to her injuries. The investigation revealed the woman failed to yield to oncoming traffic and was not in a crosswalk. Public roadway collision activity was highest on Mond ava with most collisions occurring between the hours of 12:00pm and 15:59Dm. The three top collision locations were identified as Highway 111 and Washington St (7); Avenue 52 and Jefferson St (6); and Adams Street and Highway 111(3). The top causes of collisions in the City of Ls Quints were determined to be Unsafe Speed (30.670/6). Unsafe Lane Changes (1333%), end Improper Turning (9.33%0). As a result, the La Quints Traffic Team focuses their attention toward education and enforcement of drivers who violate these traffic laws and further focus enforcement toward high collision areas. Officers in the City of La Quints issued 828 citations for the months of December to February with an indicated Traffic Enforcement Indexes of 23 for December, 128 for January and 12 for February (cited hazardous violations in relation to injury collision). Quarterly Report Dec, Jan & February Table of contents: Significant Activity 1 Quarterly Traffic 2-3 Collision Statistics Primary Collision 4 Factor by degree of injury TRAFFIC TEAM: • SGT. PICKOWITZ • CPL OLSON • OFFICER SCOTT • OFFICER MOORE • OFFICER PALMER 439 Primary collision Factor: Secondary Collision Factor. Tertiary Collision Factor. Monthly Trallic collision Statistics Excessive speed Unsafe Turnina Driving Under Influence Day of Week When Majority Occurs: Monde Time of Day When Majority Occurs: 12:00 to 18:59 Too 3 Locations Where Majority Occur. Sok Lacation t Hwy I I I I Washington St 2 Ave 82 / Jefferson St 3 Adams 8t I Hwy II I 3 Ave 481 Dune Palms Rd 3 Ave 481 Washington St 3 Dune Palms Rd I Hwy I I I Collisions 7 a 3 3 3 3 ,O 440 n .- ro P N P! id •! N P PJ & w b A e N n N N P N x A P A N N A A N P (9 M N P P g C RO e P P Is i n P 1 N N N 441 Im 91' n K� m ° 442 ad 23 (30.67%) Other Improper Driving 101 Unade Lane Change 10 (13.33%) Improper Turning 7( Tragic Signals and Signs 5 (6.67%) Unknown 6 (6.67%) - Primary Collision Factors Sideswipe 15 (20.001 Hit Object 14 (18.4 I (32.00%) Other 212.67%) Head-on 2 (LOT%) Jehicle - Pedestrian 3 (4.00%) bated 3 (4.00%) Broadside 12 (18A0%) Collision Types 12/112012 to 2/28/2013 Total Collisions: 76 . 443 Other Motor Fixed Object 14 (16.67%) Prop" Damage only 56 Involved With Extent of Injury Other Object 1 (1.33%) Bicycle 1 (1.33%) Pedestrian 2 (2.07%) Motor Vehicle on Other Roadway 2 (L$M) otor Vehicle a (12.00%) Severe Injury 2 (2.87%) Other Visible Injury 2 (2.67%) Fatal 2 (2.07%) .......r�o......• Aain 13-(17.33%) 12/1/2012 to 2/28/2013 Total Collisions: 75 lt_, 444 La Ouinta CSO • Officer Melinda Lopez • Officer David Kruger • Officer Bridget Delaney Summary of Activity for January, February & March Tvue of Activity Number of Incidents Burglary Reports 21 Grand/Petty Theft Reports 40 Vandalism/ Malicious Mischief Reports 20 Traffic Collision Response/Reports 67 Vehicle Code or Parking Citations 34 Abandoned Vehicle Tagged/Warning 8 Towed Vehicles 5 Lost or Found Property Reports 27 Custodial/Non-custodial Transports 45 Miscellaneous Calls 40 44 M-I '' ri MR Summary of Activity for January, February & March Community Policing Office Number Citizens on Patrol Number Monthly Volunteer Hours 471 Patrol Hours 221.5 Hours Year to Date 471 Y.T.D Patrol Hours 221.5 Hours 4/03 to Present 28,847 Hours 7/06 to Present 10,067 CPO Monthly Visits 153 Neighborhood Patrol 105 CPO Year to Date Visits 153 Business Checks 238 CPO Visits 4/03 to present 20,318 Traffic Collision Response 0 Vacation Checks 3 Miscellaneous Activities 12 Total savings since 2003 through May 2010= $379,431 CA rate for value received is $23.29-2013= 1$16,116 Total Savings since 2003= 1 $609,115 We currently have 10 active office volunteers who staff and maintain the Civic Center Commu- nity Policing Office. These volunteers conduct a variety of clerical functions as well as data entry of citations, traffic collisions and DUI's, parking citations and pawn slips. They also play an import role with assisting the community with questions and concerns. We added 3 new Cit- izens on Patrol (COP) to the existing 5 volunteers serving our community. COP assisted with the drone car operations in the business district. They also assist the Department with DUI check points, football games and the Bicycle Rodeo. Danes Maldonado Volunteer Coordinator 1�,.: 446 'ROUDLY SERVING THE ININCORPORATED AREAS )F RIVERSIDE COUNTY .ND THE CRIES OF: in COMM Fra DaYmUM IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION John R. Hawkins - Fire Chief 210 West San Jacinto Avenue — Perris, CA 92570 (951)940-6900—vwvw.rvcfiire.org April 10, 2013 Honorable Mayor Adolph 3ANNING Members of the City Council 3EAUMONT City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 ;ALIMESA :ANYON LAKE Ref: Quarterly Report )OACHELLA )ESERT HOT SPRINGS .ASTVALE VDIAN WELLS ,IDIO URUPA VALLEY AKE ELSINORE A QUINTA IENIFEE 4ORENO VALLEY IORCO 'ALM DESERT 'ERRIS ;ANCHO MIRAGE :UBIDOUX CSD ;AN JACINTO EMECULA JILDOMAR IOARD OF SUPERVISORS: IOB BUSTER DISTRICT I OHN TAVAGLIONE DISTRICT 2 EFF STONE DISTRICT 3 OHN BENOIT DISTRICT 4 IARION ASHLEY DISTRICT 5 DEPARTMENT REPORT: Please find the attached Fire Department Quarterly Report for the City of La Quits. This report covers the I" quarter of 2013. Riverside County Fire Department units responded to total of 930 calls for service within the City of La Quinta. These responses are broken down into the following classifications: Medical Emergencies: False Alarms: Structure Fires: Commercial Fires: Vehicle Fires: Other Fires: Traffic Collisions: Other Incidents: Hazmats: Respectfully submitted, John Hawkins County Fire Chief By: Jodie ay Battalion Chief 690 84 5 0 8 5 41 92 5 447 LA QUINTA CITY FIRE DEPARTMENT 448 LA QUINTA CITY FIRE DEPARTMENT INSIDE THIS ISSUE I. Personnel Assignments 2. Response Reports 3. Truck Report 4. Significant Events 5. Administration Reports S. Training and Community Activity 7. Explorer Post LA QUINTA CITY FIRE DEPARTMENT 10. 449 l,. 44'5,55ADAMSSTREET ti 1..,�.."t760)345-6932­,,�., 1. Battalion Chief — Jodie Gray 441555ADAMS STREET "EA-;QUINTA, CA'92253 `° x9r _� r 760) 564=4351 Engine Company 93 1. Fire Captain — Eric Cisney 2. Fire Apparatus Engineer — Matthew McDonald 3. Fire Apparatus Engineer — Matthew Kotz 4 Firefighter II/Paramedic — Mark Birchard 5. Firefighter II/Paramedic — Brian Steiger 6. Firefighter II/Paramedic — Brandon Avner 7. Firefighter II — Noe Lerma 8. Firefighter II — Sean Tauscher ;' STATION`.32 (LA' QUINTA)` s 78=111 AVENUE 52' �.y ,QUINTA; CA 92253 �(760) 5 4-43,51 Engine Company 32 1. Fire Captain — Anthony Khatami 2. Fire Apparatus Engineer — Ignacio Otero, Jr. 3. Fire Apparatus Engineer/Paramedic — Kristopher Davis 4 Firefighter II/Paramedic — John Barton 5. Firefighter If/Paramedic — Albert Causey 6. Firefighter II/Paramedic — Frank Ebner 7. Firefighter II — Seth Shively 8. Firefighter II — Mark Skrainar LA QU1NTA CITY FIRE DEPARTMENT " A 5 ' Y STATION 70 (PGA WEST),+ 54901 MADISONs'STREET'; » 1' ,t LA QUINTA CA 92253 ,+ kr (760) 564,2I22 ai a ..ee e. rw Engine Company 70 1. Fire Captain - Gil Barrier 2. Fire Apparatus Engineer - Matthew Franklin 3. Fire Apparatus Engineer/Paramedic - Ron Earls 4 Firefighter II/Paramedic - Ryan Babb 5. Firefighter II/Paramedic - John Godwin 6. Firefighter II/Paramedic - Morgan Peterson 7. Firefighter II - Vernon Cowins 8. Firefighter II - Steven Stock 46 990?JACKSON ST INDIO, CAr92201 # tt Truck Company 86 1. Fire Captain - Justin Scribner 2. Fire Captain - Dave Hudson 3. Fire Captain - Darrel Anderson 4. Fire Apparatus Engineer - Mark Greenway 5. Fire Apparatus Engineer - John Linzalone 6. Fire Apparatus Engineer - Russell Miller 7. Firefighter II - Chris Meneses 8. Firefighter II - Travis Ames 9. Firefighter II - Matt Adams 10. Firefighter II - Gerrit Schilder 11. Firefighter II - Nick Yuhas 12. Firefighter II - Keith Doyle LA QUINTA CITY FIRE DEPARTMENT " 5 1 YEAR END RESPONSE REPORT JANUARY-MARCH 2013 RESPONSE TIMES LA DUINTA CITY FIRE DEPARTMENT .• . 452 Truck 86 Response Report Station 86 01/01/13 to 03/31/13 Incident La uinta Medical Aids 4 Traffic Collisions 1 Rescues 0 Public Service Assists 4 Fire Menace Standbys 0 Haz Mats 0 Cover Assignments 0 Commercial Structure Fires 0 Residential Structure Fires 3 Multi -Family Dwelling Fires 1 Unknown Type Fires 0 Vehicle Fires 1 Vegetation Fires 0 Improvement Fires 0 Refuse Fires 1 Ringing Alarms 12 Total 27 TRUCK REPORT Truck 86 is instrumental in suppressing numerous fires, and rescuing trapped victims of structure fires and vehicle accidents. Truck 86 has been most effective in two areas on the fireground; they have performed all ventilation and roof operations safely and with maximum results; and they have conducted almost all of our salvage operations on incidents saving victims personal possessions, amounting to thousands of dollars. The taxpayers have realized a tremendous savings through this negotiated contract, by paying for 12.5 percent of the staffing instead of the full cost of the program. Statistics show the City of La Quinta has experienced a 30% overall usage of the resource. Truck 86 personnel have conducted monthly training exercises that included our staff and equipment in an effort to maximize performance levels and be proficient in fireground tactics when a truck company is incorporated on anincident. LA QUINTA CITY FIRE DEPARTMENT M 450 La Quinta City Fire Responses Quarterly Totals dical Emergencies • False Alarms ®Structure Fire ®Traffic Collisions t3Vehicle Fire ®Other Fires •Other Incident •Hazmat JAN FEB MARCH Totals Medical Emergencies 258 195 237 690 False Alarms 34 31 19 84 Structure Fire 3 1 1 5 Traffic Collisions 15 13 13 41 Vehicle Fire 2 5 1 8 Other Fires 1 1 1 3 5 Other Incident 28 34 30 92 Hazmat 1 3 1 5 TOTALS1 342 283 305 930 454 700 600 500 400 300 200 100 0 La Quinta City Fire Responses Quarterly Totals Quarterly Comparisons t72012 ■2013 ey, ois@ SfZc Ode^ Of�� yap Cv 0// s/0 % fs s First Quarter 2012 680 690 Medical Emergencies False Alarms 79 84 Structure Fire 3 5 Vehicle Fires 2 8 Traffic Collisions 54 41 Other Fires 2 5 Other Incidents 52 92 Hazmat 1 5 TOTALS 873 930 4/10/2013 ..+ti 455 SIGNIFICANT EVENTS March 25, 2013, 21:12 hours: Engine 70 and Engine 86 responded to a vehicle fire with a bum victim. The victim was a 37 year old male that had first degree burns to his arms and legs. The burns covered 12% of his body. His vehicle was having mechanical problems when a flash fire occurred from leaking gasoline. The flash fire entered the cab burning the patient. March 18, 2013, 18:38 hours: Fire was well established in a 3 axel, all wheel drive "Derrick Rig" in the IID headquarters parking lot. The vehicle was under mature Eucalyptus trees;.immediately threatening another "Derrick truck" and imminently threatened the fuel depot downhill and downwind. Due to the significant exposure threat, two additional engines were requested and the ECC opted fora full structure response. Confinement and knockdown were achieved within 20 minutes with 500 gallons of tank water and a nearby hydrant was used with the assistance of the 2nd due engine (32). Approximately 60 gallons of hydraulic fluid was contained with diking using dirt from a nearby planter box. HazMat staff were contacted via phone. Our HazMat Capt. contacted Riv. Co. Environmental health, and no response was deemed necessary since IID had their HazMat team enroute from the Imperial yard. Fire cause was electrical and related to a potential problematic diesel particle separator. (See Photos Below) LA GUINTA CITY PIKE DEPARTMENT 456 5 C r.. U March 13, 2013, 9:55 hrs. A 5.2 Earthquake hit 14 miles SW of LaQuinta. Fire Engines did "Windshield" checks of the community and reported back no damage to Fire Department facilities or the community. February 25, 2013, 11:27 hours: This stove top fire occurred when the family dog (Wheaten Terrier) stood against the stove to retrieve food scraps while occupants were away. The owner returned to find the dog barking outside, the smoke alarm activating and the house filled with smoke. The owner dialed 9-1-1 and entered the house and found fire on top of the range. She threw a towel onto the fire causing it to spread. She then used a small dry chemical extinguisher to knock down the fire. Upon my arrival smoke was at the floor with a small amount of fire on the stove top. Hose lines were deployed but never charged. Utilities were originally captured and restored prior to departure. The residence was ventilated using the first due engine blower and supercharged with the truck blower. The stove top was removed and extension possibilities eliminated. The owner explained that the 70 lbs. dog has been known to get food from counter tops in the past. January 31, 2013, 16:53 hours: A resident on Avenida Herrera, La Quinta CA 92253 initially indicated that the pet dog ran up hillside. The resident ran after the dog and she was stuck on the mountain side Tecate x Avenida Bermudas, approximately 500 feet up. We assisted non injured resident down the hillside. Patient was not transported. LA OUINTA CITY FIRE DEPARTMENT W Administrative Reports The La Quinta Fire Department was saddened to say goodbye to its Fire Battalion Chief Pete Blakemore who retired November 30`s, 2012. La Quinta welcomed their new Fire Battalion Chief Jodie Gray on January 21, 2013. LA QUINTA CITY FIRE DEPARTMENT 458 TRAINING & COMMUNITY ACTIVITIES This quarters training consisted of Helicopter Training with H-301. The Clancy Training Burn in Rancho Mirage, where we used live fire in an old structure to train on Live Firefirefighting, Rapid Intervention Rescue and Vertical Rescue Techniques. Multi -Casualty Incident in Indio where La Quinta Fire Personnel were involved. We used a Sun Bus to simulate a Multi -Casualty traffic accident, along with local hospitals, law enforcement and AMR. (See Photos Below) Department Training focused on Alternative Fuel Vehicle Incidents and Multi Casualty Incidents. The Fire Department also assisted with staffing the Humana Golf Tournament and participated in the upcoming Patriot Ride planning meeting. LA CUINTA CITY FIRE DEPARTMENT 459 Fire Station and School Tours were also held throughout the Quarter. ,(See photos below) LA OUINTA CITY FIRE DEPARTMENT 460 FIRE PREVENTION Engine Company personnel have conducted bum job inspections for agricultural burning. We are also working closely with Bureau of Indian Affairs to stop the incidents of local arson fires that have been popping up. The LaQuinta Fire Department continues to assist the public with code inquiries; conducts hazard reduction inspections and assists Code Enforcement with issues within the city. LA QUINTA CITY FIRE DEPARTMENT 461 i Z\IVY\ »yam ,af. /FM \\ - pro \� \� 22 * . /\\ All, t