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2018 02 13 PCPLANNING COMMISSION AGENDA 1 FEBRUARY 13, 2018 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, FEBRUARY 13, 2018 AT 6:00 P.M. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Caldwell, Currie, McCune, Proctor, Wright and Chairperson Quill. PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The Planning Commission 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 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS CONSENT CALENDAR 1. APPROVE MINUTES OF DECEMBER 12, 2017 2. ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND STRATEGIC ACQUISITIONS, INC. FOR CERTAIN PROPERTY LOCATED AT 77895 AVENIDA MONTEZUMA CONSISTENT WITH THE GENERAL PLAN 2035 (RESOLUTION NO. 2018-001) Planning Commission agendas and staff reports are now available on the City’s web page: www.laquintaca.org PLANNING COMMISSION AGENDA 2 FEBRUARY 13, 2018 BUSINESS SESSION 1. DISCUSSION REGARDING EVENT SPACE PLANNING AND DEVELOPMENT AT SILVERROCK AND SELECT A PLANNING COMMISSIONER TO PARTICIPATE AS A MEMBER OF THE EVENT SPACE AD HOC COMMITTEE STUDY SESSION 1. NON-BEDROOM CONVERSIONS MORATORIUM 2. HIGHWAY 111 CORRIDOR 3. LA QUINTA ART ALLEY PUBLIC HEARINGS - None REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEMS 1. VERBAL REPORT ON IID AND CVWD SITE MAINTENANCE 2. JANUARY 2018 VILLAGE PARKING SURVEY 3. COUNCIL WORKSHOP RECAP 4. LEAGUE OF CALIFORNIA CITIES 2018 PLANNING COMMISSION ACADEMY ADJOURNMENT The next regular meeting of the Planning Commission will be held on February 27, 2018, commencing at 6:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on February 9, 2018. PLANNING COMMISSION AGENDA 3 FEBRUARY 13, 2018 DATED: February 8, 2018 WANDA WISE-LATTA, Commission Secretary 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 Planning Division of the Design and Development Department at 777- 7118, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777-7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant 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 Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 DECEMBER 12, 2017 PLANNING COMMISSION MINUTES TUESDAY, DECEMBER 12, 2017 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Quill. PRESENT: Commissioners Bettencourt, Currie, McCune, Proctor, and Chairperson Quill ABSENT: Commissioners Caldwell and Wright STAFF PRESENT: City Attorney William Irhke, Planning Manager Gabriel Perez, Principal Engineer Bryan McKinney, Planning Consultant Nicole Criste, Commission Secretary Wanda Wise-Latta and Office Assistant Mirta Lerma PLEDGE OF ALLEGIANCE Commissioner Proctor led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA - Confirmed CONSENT CALENDAR 1. Approval of Minutes of November 14, 2017 Motion – A motion was made and seconded by Commissioners Currie/Bettencourt to approve the Planning Commission Minutes of November 14, 2017 as submitted. AYES: Commissioners Bettencourt, Currie, McCune, Proctor, and Chairperson Quill. NOES: None. ABSENT: Commissioners Caldwell and Wright. ABSTAIN: None. Motion passed. BUSINESS SESSION 1. GENERAL PLAN ANNUAL STATUS REPORT FOR CALENDAR YEAR 2017 Consent Calendar Item No. 1 PLANNING COMMISSION MINUTES 2 DECEMBER 12, 2017 Planning Manager Perez presented the information contained in the staff report, which is on file in the Design and Development Department; and noted the following additional information was distributed to the Commission and made available to the public: • Adjusted Regional Housing Needs Allocation (RHNA) numbers to Attachment No. 3 of the staff report • Revised page 9 of the General Plan 2035 Implementation Update • Information provided by Public Works regarding Program UTL-1.1a on page 53 of the General Plan 2035 Implementation Update (2017) was included in the power-point presentation Commission discussion followed regarding senior housing and RHNA; mixed-use overlay and the accessory unit ordinance addressing affordable housing development; Housing Element; tertiary treated water, canal water and Coachella Valley Water District (CVWD) plant sites; staff’s collaboration with CVWD to bring canal water into the Civic Center Campus lake for irrigation; the use of canal water to irrigate certain golf courses, the La Quinta Resort, and other areas; concern regarding allocation of staff resources to prepare the report; going forward the report would be updated annually. City Attorney Irhke explained that RHNA is a tool by which the city can plan for housing needs, have adequate zoning in place, and identifiable sites. He said the City has a certified Housing Element, which provides programs, policies, and sites for affordable housing development; the City is in compliance with State’s Housing and Community Development Department affordable housing unit requirements based on the Housing Element; and explained the consequences of being out of compliance. MOTION: A motion was made and seconded by Commissioners Bettencourt/Proctor to recommend that the City Council authorize submittal of the General Plan Annual Status Report to the Office of Planning and Research and the State Department of Housing and Community Development. AYES: Commissioners Bettencourt, Currie, McCune, Proctor, and Chairperson Quill. NOES: None. ABSENT: Commissioners Caldwell and Wright. ABSTAIN: None. Motion passed. STUDY SESSION – None PUBLIC HEARING - None REPORTS AND INFORMATIONAL ITEMS - None PLANNING COMMISSION MINUTES 3 DECEMBER 12, 2017 COMMISSIONERS’ ITEMS Commissioner Proctor expressed concerns regarding blowing dust from and dumping on the lot located at the northwest corner of Jefferson Street and Avenue 50; and the condition of properties in the Cove. Commissioner Bettencourt shared concerns regarding incomplete, unimproved and unmaintained lots within broken tract phases of master planned shopping centers along Highway 111 and concerns regarding public utility facilities within the city. Chairperson Quill expressed concern regarding the use of private and public property located where the bike path and wash meet for personal hygiene purposes. STAFF ITEMS City Attorney Irhke presented the Winter 2017 Affordable Housing Overview. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Bettencourt/Proctor to adjourn this meeting at 7:24 p.m. AYES: Commissioners Bettencourt, Currie, McCune, Proctor, and Chairperson Quill. NOES: None. ABSENT: Commissioners Caldwell and Wright. ABSTAIN: None. Motion passed unanimously. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California Page 1 of 2 PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 13, 2018 APPLICANT: CITY OF LA QUINTA REQUEST: ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND STRATEGIC ACQUISITIONS, INC. FOR CERTAIN PROPERTY LOCATED AT 77895 AVENIDA MONTEZUMA CONSISTENT WITH THE GENERAL PLAN 2035 CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15301 AND 15325 OF THE STATE CEQA GUIDELINES SINCE THE ACQUISTION WILL RESULT IN THE REPAIR OR MINOR ALTERATIONS TO EXISTING FACILITIES AND IS AN ACQUISITION TO PRESERVE HISTORICAL RESOURCES LOCATION: 77895 AVENIDA MONTEZUMA ADJACENT TO THE LA QUINTA MUSEUM RECOMMENDED ACTION Adopt a resolution confirming that the proposed purchase agreement between the City of La Quinta and Strategic Acquisitions, Inc. is consistent with the General Plan 2035. EXECUTIVE SUMMARY • The City Council approved a purchase agreement between the City of La Quinta and Strategic Acquisitions, Inc. for the purchase of the property at 77895 Avenida Montezuma, adjacent to the La Quinta Museum (Museum), on February 6, 2018. • As Museum events, programs, and activities with the La Quinta Historical Society (LQHS) increase, the need for additional facility space increases. • Acquiring this property would facilitate future expansion of the Museum into a larger cultural campus while preserving the “Lumberyard”. CONSENT ITEM NO. 2 Page 2 of 2 BACKGROUND/ANALYSIS The property to be acquired, known as the “Lumberyard,” has historical significance as it was the original lumber yard for the La Quinta Cove and is recognized by the LQHS as a local historical building. LQHS has seen significant increases in donations from La Quinta pioneers and other local historians. Most of their artifacts stay in the archive due to lack of exhibition space. In addition, both the museum staff and LQHS have a finite amount of storage space and coordinate the use of any shared space. Once acquired, the building would be renovated to preserve the historical significance, while updating to meet current building codes. This acquisition will add a building to host indoor exhibit space, offices, and conference room space, a building to condense the archive from three locations with office space, outdoor exhibit space, and outdoor event venue. The City Council, at its regular meeting of February 6, 2018, approved by resolution the Commercial Property Purchase Agreement and Joint Escrow Instructions (Agreement). Funding for the purchase is available in the Library and Museum Fund ($4.4 million in reserves). An adjustment totaling $530,000 to increase the budget for land acquisition will result in remaining reserves of approximately $3.8 million. A City building inspector toured the property to identify significant structural or prohibited materials issues (none were found), and a Phase 1 environmental assessment was completed and no environmental issues were found. The Agreement (Attachment 2) outlines the following purchase terms: • A purchase price of $530,000 • An initial deposit of $5,300, deposited no later than three days after the City Council approves the Agreement (this deposit is applied to the purchase price) • The remaining balance of $524,700 would be due at the close of escrow • Escrow would close and the property transfer would occur 30 days after acceptance Government Code 65402 requires that the Planning Commission confirm that the purchase of property is consistent with the city’s General Plan by resolution. A resolution has been prepared for Planning Commission consideration with General Plan consistency findings. ENVIRONMENTAL REVIEW Pursuant to Sections 15301 and 15325 of the State CEQA Guidelines, the City Council has determined that the acquisition of the property is exempt from environmental review under CEQA because the acquisition will result in the repair or minor alterations to existing facilities and is an acquisition to preserve historical resources. Prepared by: Cheri Flores, Senior Planner Attachments: 1. Site Map 2. Purchase Agreement RESOLUTION NO. 2018 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA FINDING THE PROPOSED PURCHASE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND STRATEGIC ACQUISITIONS, INC., FOR CERTAIN PROPERTY LOCATED AT 77895 AVENIDA MONTEZUMA CONSISTENT WITH THE GENERAL PLAN 2035 WHEREAS, the City Council of the City of La Quinta, California did, on the 6th, day of February, 2018 approve a commercial property purchase agreement and joint escrow instructions between the City of La Quinta and Strategic Acquisitions, Inc. for certain property located at 77895 Avenida Montezuma comprised of 9,600 square feet, more particularly described as: APN: 773-101-005 WHEREAS, the La Quinta Museum and La Quinta Historical Society collaborate to provide service and access to cultural and historical exhibits and artifacts for the residents and visitors of La Quinta; and WHEREAS, the programs, exhibits, and archives have grown over the past 10 years of operation; and WHEREAS, an opportunity exists to acquire adjacent property and expand facilities to create a larger indoor/outdoor cultural campus; and WHEREAS, pursuant to Sections 15301 and 15325 of the State CEQA Guidelines, the City Council has determined the acquisition of the property is exempt from environmental review under CEQA because the acquisition will result in the repair or minor alterations to existing facilities and is an acquisition to preserve historical resources. WHEREAS, the Planning Commission of the City of La Quinta did make the following mandatory finding pursuant to Government Code 65402 to justify said commercial property purchase: 1. Consistency with General Plan The proposed commercial property purchase is consistent with the La Quinta General Plan CUL-1, the protection of significant archaeological, historic and paleontological resources which occur in the City, and Policy CUL-1.2, assure that significant identified archaeological and historic resources are protected, and Policy CUL-1.3, educate the public about the City’s history and paleontology. Resolution No. 2018- General Plan Consistency- Purchase Agreement –Strategic Acquisitions, Inc. Adopted: Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct and incorporated herein. SECTION 2. That the Planning Commission of the City of La Quinta hereby finds and determines that the acquisition of said property is consistent with the La Quinta General Plan 2035. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 13th day of February, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ PAUL QUILL, Chairperson City of La Quinta, California ATTEST: _______________________________ GABRIEL PEREZ, Planning Manager City of La Quinta, California DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (Selling Firm to Buyer) (As required by the Civil Code) (C.A.R. Form AD, Revised 12/14) (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(k) and (m). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2.Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). Buyer Seller Landlord Tenant Date Buyer Seller Landlord Tenant Date Agent BRE Lic. # Real Estate Broker (Firm) By BRE Lic. # Date (Salesperson or Broker-Associate) Agency Disclosure Compliance (Civil Code §2079.14): ●When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a different AD form signed by Buyer/Tenant. ●When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Seller/Landlord and (ii) the Buyer's/Tenant's Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here: Seller/Landlord Date Seller/Landlord Date The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright © 1991-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed by Date ALL RIGHTS RESERVED. AD REVISED 12/14 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com City of La Quinta Broker Town, Inc.01978278 01348881 01/23/2018 Ron Thompson DLI Properties, LLC zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker ATTACHMENT 2 CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) “Associate licensee” means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee. (d) “Commercial real property” means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) “Dual agent” means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (f) “Listing agreement” means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) “Listing agent” means a person who has obtained a listing of real property to act as an agent for compensation. (h) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (i) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (j) “Offer to purchase” means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year's duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (l) “Real property transaction” means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) “Seller” means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor. (o) “Selling agent” means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) “Subagent” means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, “subagent” does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c)The confirmation required by subdivisions (a) and (b) shall be in the following form. (DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): the seller exclusively; or both the buyer and seller. (Name of Listing Agent) (DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): the buyer exclusively; or the seller exclusively; or (Name of Selling Agent if not the same as the Listing Agent) both the buyer and seller. (d)The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® Reviewed by Date 525 South Virgil Avenue, Los Angeles, California 90020 AD REVISED 12/14 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com City of LaQuinta - COMMERCIAL PROPERTY PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (NON-RESIDENTIAL) (C.A.R. Form CPA, Revised 12/15) Date Prepared: 1. OFFER: A. THIS IS AN OFFER FROM ("Buyer"). Individual(s), A Corporation, A Partnership, An LLC, An LLP, or Other . B.THE REAL PROPERTY to be acquired is , situated in (City), (County), California, (Zip Code), Assessor's Parcel No. (“Property”). C. THE PURCHASE PRICE offered is Dollars $ . D. CLOSE OF ESCROW shall occur on (date) (or Days After Acceptance). E.Buyer and Seller are referred to herein as the “Parties.” Brokers are not Parties to this Agreement. 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a “Disclosure Regarding Real Estate Agency Relationships” (C.A.R. Form AD) B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent (Print Firm Name) is the agent of (check one): the Seller exclusively; or both the Buyer and Seller. Selling Agent (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): the Buyer exclusively; or the Seller exclusively; or both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a “Possible Representation of More than One Buyer or Seller - Disclosure and Consent” (C.A.R. Form PRBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ (1)Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, cashier's check, personal check, other within 3 business days after Acceptance (or ); OR (2) Buyer Deposit with Agent: Buyer has given the deposit by personal check (or ) to the agent submitting the offer (or to ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposit checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of. . . $ within Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ This loan will be conventional financing or Seller financing (C.A.R. Form SFA), assumed financing (C.A.R. Form AFA), subject to financing, Other . This loan shall be at a fixed rate not to exceed % or, an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) SECOND LOAN in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ This loan will be conventional financing or Seller financing (C.A.R. Form SFA), assumed financing (C.A.R. Form AFA), subject to financing, Other . This loan shall be at a fixed rate not to exceed % or, an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. E. ADDITIONAL FINANCING TERMS: F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of . . . . . . . . . . . . . . . . . . . . . . $ to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. ( Verification attached.) Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) © 2015, California Association of REALTORS®, Inc. CPA REVISED 12/15 (PAGE 1 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 1 OF 11) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 01/23/2018 City of La Quinta X Municipal Corp. 77895 Calle Montezuma La Quinta Riverside 92253-3004 773101005 Five Hundred Thirty Thousand 530,000.00 X 30 X Re/Max Consultants X Broker Town, Inc. X X 5,300.00 X wire transfer X X 5 524,700.00 530,000.00 zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker Property Address: Date: I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 18B(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or ) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. ( Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or ) Days After Acceptance, Buyer shall, as specified in paragraph 18, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties (“Contractual Credit”) shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender (“Lender Allowable Credit”) is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. SALE OF BUYER'S PROPERTY: A.This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ADDENDA AND ADVISORIES: A. ADDENDA: Addendum # (C.A.R. Form ADM) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum (C.A.R. Form CCA) Septic, Well and Property Monument Addendum (C.A.R. Form SWPI) Short Sale Addendum (C.A.R. Form SSA) Other B. BUYER AND SELLER ADVISORIES: Buyer's Inspection Advisory (C.A.R. Form BIA) Probate Advisory (C.A.R. Form PA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) REO Advisory (C.A.R. Form REO) Short Sale Information and Advisory (C.A.R. Form SSIA) Other 6. OTHER TERMS: 7. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed, in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service (“Report”) mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) Buyer Seller shall pay for a natural hazard zone disclosure report, including tax environmental Other: prepared by . (2) Buyer Seller shall pay for the following Report prepared by . (3) Buyer Seller shall pay for the following Report prepared by . B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) Buyer Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow (“COE”), Seller shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless Seller is exempt. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 2 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 2 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 X One X X X City of LaQuinta - Property Address: Date: (2) (i) Buyer Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if required as a condition of closing escrow under any Law. (ii) Buyer Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 18A, a copy of any required government conducted or point-of-sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. C. ESCROW AND TITLE: (1)(a) Buyer Seller shall pay escrow fee . (b) Escrow Holder shall be . (c) The Parties shall, within 5 (or ) Days After receipt, sign and return Escrow Holder's general provisions. (2)(a) Buyer Seller shall pay for owner's title insurance policy specified in paragraph 17E . (b) Owner's title policy to be issued by . (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) Buyer Seller shall pay County transfer tax or fee . (2) Buyer Seller shall pay City transfer tax or fee . (3) Buyer Seller shall pay Owners' Association (“OA”) transfer fee . (4)Seller shall pay OA fees for preparing all documents required to be delivered by Civil Code §4525. (5) Buyer Seller shall pay OA fees for preparing all documents other than those required by Civil Code §4525. (6)Buyer to pay for any HOA certification fee. (7) Buyer Seller shall pay for any private transfer fee . (8) Buyer Seller shall pay for . (9) Buyer Seller shall pay for . 8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B, C or D. B. ITEMS INCLUDED IN SALE: (1)All EXISTING fixtures and fittings that are attached to the Property; (2)EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security systems/alarms. (3)A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 18A. (4)Seller represents that all items included in the purchase price are, unless otherwise specified or identified pursuant to 8B(7), owned by Seller. Within the time specified in paragraph 18A, Seller shall give Buyer a list of fixtures not owned by Seller. (5)Seller shall deliver title to the personal property by Bill of Sale, free and clear of all liens and encumbrances, and without seller warranty of condition regardless of value. (6)As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds. (7) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 18A, (i) disclose to Buyer if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 18B and C. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: . D. OTHER ITEMS: (1)Existing integrated phone and automation systems, including necessary components such as intranet and Internet- connected hardware or devices, control units (other than non-dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are ( are NOT) included in the sale. 9. CLOSING AND POSSESSION: A. Seller-occupied or vacant property: Possession shall be delivered to Buyer: (i) at 6 PM or ( AM/ PM) on the date of Close Of Escrow; (ii) no later than calendar days After Close Of Escrow; or (iii) at AM/ PM on . B. Seller Remaining in Possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (i) the Parties are advised to sign a separate occupancy agreement such as C.A.R. Form CL; and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan. C. Tenant Occupied Units: Possession and occupancy, subject to the rights of tenants under existing leases, shall be delivered to Buyer on Close Of Escrow. D.At Close Of Escrow: (i) Seller assigns to Buyer any assignable warranty rights for items included in the sale; and (ii) Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 3 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 3 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 X X XX Each to pay their own fees X Sellers Choice X if any X if any X if any X if any X City of LaQuinta - Property Address: Date: E.At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all locks, mailboxes, security systems, alarms, home automation systems and intranet and Internet-connected devices included in the purchase price, and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Owners' Association (“OA”) to obtain keys to accessible OA facilities. 10. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the Civil Code. 11. SELLER DISCLOSURES: A. NATURAL AND ENVIRONMENTAL DISCLOSURES: Seller shall, within the time specified in paragraph 18, if required by Law: (i) Deliver to Buyer earthquake guides (and questionnaire) and environmental hazards booklet; (ii) even if exempt from the obligation to provide an NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. B. ADDITIONAL DISCLOSURES: Within the time specified in paragraph 18, Seller shall Deliver to Buyer, in writing, the following disclosures, documentation and information: (1) RENTAL SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; and (ii) a rental statement including names of tenants, rental rates, period of rental, date of last rent increase, security deposits, rental concessions, rebates, or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any concession, rebate, or other benefit, except as set forth in these documents. (2) INCOME AND EXPENSE STATEMENTS: The books and records, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business, and used by Seller in the computation of federal and state income tax returns. (3) TENANT ESTOPPEL CERTIFICATES: (If checked) Tenant estoppel certificates (C.A.R. Form TEC) completed by Seller or Seller's agent, and signed by tenants, acknowledging: (i) that tenants' rental or lease agreements are unmodified and in full force and effect (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit. (4) SURVEYS, PLANS AND ENGINEERING DOCUMENTS: Copies of surveys, plans, specifications and engineering documents, if any, in Seller's possession or control. (5) PERMITS: If in Seller's possession, Copies of all permits and approvals concerning the Property, obtained from any governmental entity, including, but not limited to, certificates of occupancy, conditional use permits, development plans, and licenses and permits pertaining to the operation of the Property. (6) STRUCTURAL MODIFICATIONS: Any known structural additions or alterations to, or the installation, alteration, repair or replacement of, significant components of the structure(s) upon the Property. (7) GOVERNMENTAL COMPLIANCE: Any improvements, additions, alterations or repairs made by Seller, or known to Seller to have been made, without required governmental permits, final inspections, and approvals. (8) VIOLATION NOTICES: Any notice of violations of any Law filed or issued against the Property and actually known to Seller. (9) MISCELLANEOUS ITEMS: Any of the following, if actually known to Seller: (i) any current pending lawsuit(s), investigation(s), inquiry(ies), action(s), or other proceeding(s) affecting the Property, or the right to use and occupy it; (ii) any unsatisfied mechanic's or materialman's lien(s) affecting the Property; and (iii) that any tenant of the Property is the subject of a bankruptcy. C. WITHHOLDING TAXES: Within the time specified in paragraph 18A, to avoid required withholding Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law, (C.A.R. Form AS or QS). D. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or ) Days After Acceptance to disclose to Buyer whether the Property is a condominium, or is located in a planned development or other common interest subdivision. (2)If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or ) Days After Acceptance to request from the OA (C.A.R. Form HOA1): (i) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the OA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of OA minutes for regular and special meetings; and (v) the names and contact information of all OAs governing the Property (collectively, “CI Disclosures”). Seller shall itemize and Deliver to Buyer all CI Disclosures received from the OA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 18B(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to OA or management company to pay for any of the above. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 4 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 4 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 X City of LaQuinta - Property Address: Date: 12. ENVIRONMENTAL SURVEY (If checked): Within Days After Acceptance, Buyer shall be provided a phase one environmental survey report paid for and obtained by Buyer Seller. Buyer shall then, as specified in paragraph 18, remove this contingency or cancel this Agreement. 13. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer of which Buyer is otherwise unaware, Seller shall promptly Deliver a subsequent or amended disclosure or notice in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies disclosed in reports ordered and paid for by Buyer. 14. CHANGES DURING ESCROW: A.Prior to Close Of Escrow, Seller may only engage in the following acts, (“Proposed Changes”), subject to Buyer's rights in paragraph 14B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify or extend any service contract(s); or (iv) change the status of the condition of the Property. B. (1) 7 (or ) Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of any Proposed Changes. (2) Within 5 (or ) Days After receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes. 15. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (i) the Property is sold (a) “AS-IS” in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A.Seller shall, within the time specified in paragraph 18A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B.Buyer has the right to conduct Buyer Investigations of the property and, as specified in paragraph 18B, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 16. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A.Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 18B. Within the time specified in paragraph 18B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations”), including, but not limited to, the right to: (i) inspect for lead-based paint and other lead-based paint hazards; (ii) inspect for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report (“Pest Control Report”) showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2); (iii) review the registered sex offender database; (iv) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; (v) review and seek approval of leases that may need to be assumed by Buyer; and (vi) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA). Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations except for minimally invasive testing required to prepare a Pest Control Report; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law. B.Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 18B, complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C.Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility” (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 17. TITLE AND VESTING: A.Within the time specified in paragraph 18, Buyer shall be provided a current preliminary title report (“Preliminary Report”). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 18B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. B.Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. C.Within the time specified in paragraph 18A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 5 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 5 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 City of LaQuinta - Property Address: Date: D.At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. E.Buyer shall receive a standard coverage owners CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost. 18. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5A, 6, 7, 8B(7), 11A, B, C, D and E, 12, 15A and 17A. Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement if Seller has not Delivered the items within the time specified. B. (1) BUYER HAS: 17 (or ) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(7) and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property. (2)Within the time specified in paragraph 18B(1), Buyer may request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3)By the end of the time specified in paragraph 18B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 18A, then Buyer has 5 (or ) Days After Delivery of any such items, or the time specified in paragraph 18B(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 18B(1) and before Seller cancels, if at all, pursuant to paragraph 18C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 18C(1). C. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s): (i) Deposit funds as required by paragraph 3A or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (ii) Deliver a letter as required by paragraph 3J(1); (iii) Deliver verification as required by paragraph 3C or 3H or if Seller reasonably disapproves of the verification provided by paragraph 3C or 3H; or (iv) In writing assume or accept leases or liens specified in 8B(7); (v) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 25B; or (vi) Provide evidence of authority to sign in a representative capacity as specified in paragraph 23. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. D. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) be signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 (or ) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 18. E. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. F. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DCE shall: (i) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. G. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 6 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 6 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 10 30 10 City of LaQuinta - Property Address: Date: 19. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 20. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 15; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP). 21. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, OA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 22. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify, defend, and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representations in this paragraph. C. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 23. REPRESENTATIVE CAPACITY: If one or more Parties is signing the Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 40 or 41 and attach a Representative Capacity Signature Disclosure (C.A.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on the Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification Of Trust (Probate Code 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5A, 6, 7, 10, 11D, 17, 18G, 21, 22A, 23, 24, 30, 38, 39, 41, 42 and paragraph D of the section titled Real Estate Brokers on page 11. If a Copy of the separate compensation agreement(s) provided for in paragraph 22A, or paragraph D of the section titled Real Estate Brokers on page 11 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or ) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 11 or elsewhere in this Agreement. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 7 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 7 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 City of LaQuinta - Property Address: Date: B.A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. C.Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 22A and paragraph D of the section titled Real Estate Brokers on page 11. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 22A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D.Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (i) if Buyer's initial or any additional deposit is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. E.A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 25. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non- refundable) for failure of Buyer to complete the purchase in violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Buyer and Seller agree that this amount is a reasonable sum given that it is impractical or extremely difficult to establish the amount of damages that would actually be suffered by Seller in the event Buyer were to breach this Agreement. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R.FORM RID). Buyer's Initials / Seller's Initials / 26. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Consumer Mediation Center (www. consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 26C. B.ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 26C. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.” Buyer's Initials / Seller's Initials / Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 8 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 8 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 10 days after acceptance City of LaQuinta - Property Address: Date: C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to the Agreement. 27. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers (“Providers”), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing. 28. MULTIPLE LISTING SERVICE/PROPERTY DATA SYSTEM: If Broker is a participant of a Multiple Listing Service (“MLS”) or Property Data System (“PDS”), Broker is authorized to report to the MLS or PDS a pending sale and, upon Close Of Escrow, the terms of this transaction to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS or PDS. 29. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorneys fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 26A. 30. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the written consent of Seller. Such consent shall not be unreasonably withheld unless otherwise agreed in writing. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller (C.A.R. Form AOAA). 31. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein. 32. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Broker(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Broker(s) has/have made no representation concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property. 33. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. The ADA can require, among other things, that buildings be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact an attorney, contractor, architect, engineer or other qualified professional of Buyer's or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction. 34. COPIES: Seller and Buyer each represent that Copies of all reports, documents, certificates, approvals and other documents that are furnished to the other are true, correct and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party. 35. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. 36. GOVERNING LAW: This Agreement shall be governed by the Laws of the state of California. 37. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. Buyer has read and acknowledges receipt of a Copy of the offer and agrees to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 38. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. 39. DEFINITIONS: As used in this Agreement: A. “Acceptance” means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. “Agreement” means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) CPA REVISED 12/15 (PAGE 9 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 9 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 City of LaQuinta - Property Address: Date: C. “C.A.R. Form” means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. “Close Of Escrow” or “COE” means the date the grant deed, or other evidence of transfer of title, is recorded. E. “Copy” means copy by any means including photocopy, NCR, facsimile and electronic. F. “Days” means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. “Days After” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. “Days Prior” means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. “Deliver”, “Delivered” or “Delivery”, unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 11, regardless of the method used (i.e., messenger, mail, email, fax, other). J. “Electronic Copy” or “Electronic Signature” means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. “Signed” means either a handwritten or electronic signature on an original document, Copy or any counterpart. 40. AUTHORITY: Any person or persons signing this Agreement represent(s) that such person has full power and authority to bind that person's principal, and that the designated Buyer and Seller has full authority to enter into and perform this Agreement. Entering into this Agreement, and the completion of the obligations pursuant to this contract, does not violate any Articles of Incorporation, Articles of Organization, By Laws, Operating Agreement, Partnership Agreement or other document governing the activity of either Buyer or Seller. 41. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by , who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by AM/ PM, on (date)). One or more Buyers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-B) for additional terms. Date BUYER (Print name) Date BUYER (Print name) Additional Signature Addendum attached (C.A.R. Form ASA). 42. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions, and agrees to the above confirmation of agency relationships. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: . One or more Sellers is signing the Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S) for additional terms. Date SELLER (Print name) Date SELLER (Print name) Additional Signature Addendum attached (C.A.R. Form ASA). ( _____ / _____ )(Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) personally received by Buyer or Buyer's authorized agent on (date) at AM/ PM. A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. CPA REVISED 12/15 (PAGE 10 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 10 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 X City of La Quinta X DLI Properties, LLC City of LaQuinta - Property Address: Date: REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C.If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. Real Estate Broker (Selling Firm) CalBRE Lic. # By CalBRE Lic. # Date By CalBRE Lic. # Date Address City State Zip Telephone Fax E-mail Real Estate Broker (Listing Firm) CalBRE Lic. # By CalBRE Lic. # Date By CalBRE Lic. # Date Address City State Zip Telephone Fax E-mail ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, a deposit in the amount of $ ), counter offer numbers Seller's Statement of Information and , and agrees to act as Escrow Holder subject to paragraph 24 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail Escrow Holder has the following license number # Department of Business Oversight, Department of Insurance, Bureau of Real Estate. PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: ( )( ) No counter offer is being made. This offer was rejected by Seller on (date). Seller's Initials Buyer's Initials ( ) ( ) Seller's Initials ( ) ( ) ©2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC.Reviewed by a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS®Broker or Designee 525 South Virgil Avenue, Los Angeles, California 90020 CPA REVISED 12/15 (PAGE 11 OF 11) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 11 OF 11) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 January 23, 2018 Broker Town, Inc. 01978278 Ron Thompson 01348881 01/23/2018 26696 Margarita Rd. #202 Murrieta CA 92563-2013 (951)225-2113 ron@brokertown.com Re/Max Consultants Cory Alan 44200 Town Center Way Palm Desert CA 92260 (310)544-3200 calan@consultremax.com City of LaQuinta - BUYER'S INSPECTION ADVISORY (C.A.R. Form BIA, Revised 11/14) Property Address: ("Property"). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. 2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance. 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMIITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and nonstructural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. B. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, and applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. I. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. J. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self-latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyers are encouraged to read it carefully. Buyer Buyer © 1991-2004, California Association of REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. Reviewed by Date a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 BIA REVISED 11/14 (PAGE 1 OF 1) BUYER'S INSPECTION ADVISORY (BIA PAGE 1 OF 1) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 77895 Calle Montezuma, La Quinta, 92253-3004 City of La Quinta zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER - DISCLOSURE AND CONSENT (C.A.R. Form PRBS, 11/14) A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations. Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and (c) other than as set forth in (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed. Seller Date Seller Date Buyer Date Buyer Date Real Estate Broker (Firm) CalBRE Lic # Date By CalBRE Lic # Date Real Estate Broker (Firm) CalBRE Lic # Date By CalBRE Lic # Date © 2014, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date PRBS 11/14 (PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DLI Properties, LLC City of La Quinta Re/Max Consultants Cory Alan Broker Town, Inc. 01978278 01348881 Ron Thompson zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (FOR SELLER REPRESENTATIVES) (C.A.R. Form RCSD-S, Revised 6/16) This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal. This is a disclosure to the Purchase Agreement, Listing Agreement, Other dated , (“Agreement”), for the property known as (“Property”), between (“Buyer”, Listing Broker) and (“Seller”). If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Seller. 1. A. TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) dated . (2) The person(s) signing below is/are Sole/Co/Successor Trustee(s) of the Trust. B. ENTITY: Seller is a Corporation, Limited Liability Company, Partnership Other: which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its behalf. An authorizing resolution of the applicable body of the entity described above is is not attached. C. POWER OF ATTORNEY: Seller (“Principal”) has authorized the person(s) signing below (“Attorney-In-Fact”, “Power of Attorney” or “POA”) to act on his/her behalf pursuant to a General Power of Attorney ( Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. D. ESTATE: (1) Seller is an estate, conservatorship, or guardianship identified by Superior Court Case name as , Case # . (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co-Executor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardianship identified above. 2.Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Seller: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor) (Print Representative Name) Title: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, Attorney-in-Fact or Administrator/Executor) (Print Representative Name) Title: Acknowledgement of Receipt By Other Party: (Listing Broker) By Date: (Buyer) Date: (Print Buyer Name) (Buyer) Date: (Print Buyer Name) © 2015-2016 California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by RCSD-S REVISED 6/16 (PAGE 1 OF 1) REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSD-S PAGE 1 OF 1) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 01/23/2018 77895 Calle Montezuma The City of La Quinta, a California Municipal Corp. and Charter City DLI Properties, LLC, a California Limited Liability Company XX DLI Properties, LLC, a California Limited Liability Company Re/Max Consultants City of La Quinta zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (FOR BUYER REPRESENTATIVES) (C.A.R. Form RCSD-B, Revised 6/16) This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal This is a disclosure to the Purchase Agreement, Buyer Representation Agreement, Other , dated (“Agreement”), for the property known as (“Property”), between (“Seller”, “Buyer Broker”). and (“Buyer”) If a trust, identify Buyer as the trustee(s) of the trust or by simplified trust name (e.g. John Doe, co-trustee, Jane Doe, co- trustee or Doe Revocable Family Trust 3.) Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Buyer. 1. A. TRUST: (1) Assets used to acquire/lease the Property are held in trust pursuant to a trust document titled dated . (2) The person(s) signing below is/are Sole/Co/Successor Trustee(s) of the Trust. B. ENTITY: Buyer is a Corporation, Limited Liability Company, Partnership Other: which has authorized the officer(s), managing member(s), partner(s) or person(s) signing below to act on its behalf. An authorizing resolution of the applicable body of the entity described above is is not attached. C. POWER OF ATTORNEY: Buyer (“Principal”) has authorized the person(s) signing below (“Attorney-In-Fact”, “Power of Attorney” or “POA”) to act on his/her behalf pursuant to a General Power of Attorney ( Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used. 2.Buyer's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists. Buyer: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney-in-Fact) (Print Representative Name) Title: By Date: (Sign Name of Trustee, Officer, Managing Member, Partner, or Attorney-in-Fact) (Print Representative Name) Title: Acknowledgement of Receipt By Other Party: (Buyer Broker) By Date: (Seller) Date: (Print Seller Name) (Seller) Date: (Print Seller Name) © 2015-2016 California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by RCSD-B REVISED 6/16 (PAGE 1 OF 1) REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSD-B PAGE 1 OF 1) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com X 01/23/2018 77895 Calle Montezuma DLI Properties, LLC, a California Limited Liability Company The City of La Quinta, a California Municipal Corporation and Charter City X X Municipal Corp. Broker Town, Inc. DLI Properties, LLC zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker ADDENDUM (C.A.R. Form ADM, Revised 12/15) No. The following terms and conditions are hereby incorporated in and made a part of the: Purchase Agreement, Residential Lease or Month-to-Month Rental Agreement, Transfer Disclosure Statement (Note: An amendment to the TDS may give the Buyer a right to rescind), Other , dated , on property known as in which is referred to as ("Buyer/Tenant") and is referred to as ("Seller/Landlord"). The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Date Date Buyer/Tenant Seller/Landlord Buyer/Tenant Seller/Landlord © 1986-2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date ADM REVISED 12/15 (PAGE 1 OF 1) ADDENDUM (ADM PAGE 1 OF 1) Phone: Fax: Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com One X January23, 2018 77895 Calle Montezuma La Quinta, 92253-3004 City of La Quinta DLI Properties, LLC 1. The acquisition shall include all appurtenances and site improvements located within the area highlighted in yellow on Exhibit "A" attached and within the boundaries of the Legal Description in Exhibit "B" attached. 2. Any Broker fees or claims of compensation for Broker services shall be paid 100% by Seller. 3. Any reference to "Buyer" shall be eliminated from Paragraph 21 "Prorations Of Property Taxes And Other Items" and Paragraph 22(A) "Compensation" in the Purchase Agreement. 4. Paragraph 15 "Changes During Escrow" is eliminated from the Purchase Agreement. 5. Close of Escrow shall be contingent upon the La Quinta Planning Commission finding the acquisition of the Proeprty is consistent with the La Quinta General Plan pursuant to Government Code Section 65402. 6. This Purchase Agreement and all Attachments and Addendums are subject to approval of the La Quinta City Council at the February 6, 2018 Council Meeting, in compliance with scheduling and notice requirements. 7. Buyer hereby approves the following Exceptions to title insurance pursuant to the Preliminary Title Report for the Property dated December 26, 2017: 1-7 and 11-17. 8. Notwithstanding any provision in the Agreement to the contrary, Seller shall not lease, license, or otherwise grant any real property interest, or any occupancy or use right, in the Property on or after the date of Acceptance. Seller shall have the obligation to pay any and all relocation costs as may be required by any federal, state, or local law if any tenant, subtenant, or any other person or entity has a right or claim of right to the Property. City of La Quinta DLI Properties, LLC zipform 611 Anton Blvd. , Suite 1400 Costa Mesa, CA 92626 714 641-5100 714 546-9035 City of LaQuinta - Rutan Tucker Page 1 of 3 PLANNING COMMISSION STAFF REPORT DATE: FEBRUARY 13, 2018 PROPERTY OWNER: CITY OF LA QUINTA REQUEST: DISCUSS EVENT SPACE PLANNING AND DEVELOPMENT AT SILVERROCK AND SELECT A PLANNING COMMISSIONER TO PARTICIPATE AS A MEMBER OF THE EVENT SPACE AD HOC COMMITTEE LOCATION: SOUTHEAST CORNER OF SILVERROCK WAY AND AVENUE 52 RECOMMENDED ACTION Discuss SilverRock event space and select a Planning Commissioner to participate as a member of the event space Ad Hoc Committee. EXECUTIVE SUMMARY • Council approved the SilverRock Resort Specific Plan in July 2006, which includes a 35-acre public event site. • In 2020, the City will be implementing roadway, intersection and flood control improvements per the Alternative Transportation Planning grant, which will impact the use of the Civic Center Campus for the La Quinta Arts Festival. • SilverRock development will generate $3.4 million of development impact fees. • Staff is seeking Planning Commissioner to participate in the Ad Hoc Committee for the event space planning. BACKGROUND/ANALYSIS In July 2006, Council approved the SilverRock Specific Plan, which designates 35 acres as special event space to accommodate art shows, festivals, corporate events, automobile shows, and public parking. In November 2014, Council approved the Development Agreement with the SilverRock Development Company to construct two hotels, a conference center, a new golf clubhouse, and retail and resort residential uses. During the next five years, $3,400,000 in development impact fees are expected from this development. The City was awarded an Alternative Transportation Planning (ATP) grant; these funds will be used to reduce the width of Calle Tampico (from Eisenhower to Washington), BUSINESS SESSION ITEM NO. 1 Page 2 of 3 convert signalized intersections to roundabouts, and install off-roadway pedestrian/bicycle paths and mid-block crossings. The City will also construct flood control improvements. The design phase for all of these improvements is underway, with construction commencing in late spring 2019. These improvements will impact access to the Civic Center Campus and the ability to hold the 2020 La Quinta Arts Festival at the Campus. SilverRock Event Space Given these circumstances, staff is seeking Council interest in planning and developing event grounds and space at SilverRock. Staff recommends a three-phase approach. The first phase would entail constructing an art walk and festival space (to accommodate art festivals), parking, and the infrastructure to accommodate future expansion. The second and third phases could entail additional turfed and/or improved area to accommodate larger festivals. A phased approach would allow flexibility for unforeseen needs and potential non-City funding opportunities. Staff has received inquiries from various organizations and vendors to stage art festivals, food and drink festivals, hot air ballooning, elegant automotive shows, music festivals, stage events, glamping, event parking, and multiple combinations of uses at both SilverRock and the Civic Center Campus. In addition to events, this space would be open to residents to recreate, hike and relax, similar to the Civic Center Campus. Ad Hoc Design Committee Numerous community groups have expressed interest in working with the City to plan future event space. Given this interest, staff suggests an ad hoc committee be established to identify programming options and translate them into design concepts. A committee comprised of a Council Member, a Community Services Commissioner, and a Planning Commissioner plus other programming partners should be considered. Programming partners who may be interested include: The La Quinta Arts Foundation, Greater Coachella Valley Chamber of Commerce, Goldenvoice, Montage International (the Montage and Pendry hotels), and SilverRock Development. Timing In order to accommodate events by the spring of 2020, turfed areas must be grassed by July 2019. Assuming an 8-month grading and site preparation period, the City would need to bid the construction phase by the end of 2018. This would be in advance of the full payment of the SilverRock development DIF income; the RDA loan repayment or Measure G funds would need to be used with repayment from DIF income as SilverRock develops. Staff presented the event space concept at the February 6, 2018 Council meeting and councilmembers expressed support for the venue and directed staff to establish an ad hoc committee for the event space planning. Staff is available to answer any questions regarding the event space. Page 3 of 3 Prepared/Approved by: Gabriel Perez, Planning Manager TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 13, 2018 SUBJECT: NON-BEDROOM CONVERSION MORATORIUM On January 16, 2018, Council adopted a 45-day moratorium that prohibits the approval of any entitlements, such as building permits that propose conversion of residential common living area to bedroom space and directed staff to develop code amendments that limit non-bedroom conversions for single-family residences. In North La Quinta, owners of single-family residences, permitted as short-term vacation rentals (STVRs), have requested building permits to add additional bedrooms beyond the number of bedrooms originally intended for the home. The Code standards do not directly limit conversion of existing kitchens, living rooms, dining room spaces, and other “non-bedroom” spaces into additional bedrooms. Staff has additional concern that the restrictions on short-term vacation rentals in other cities may result in the proliferation of bedroom conversions for single-family residences permitted as short-term vacation rentals. Staff is concerned that a proliferation of non-bedroom conversions within STVRs may increase residential occupancies and land use densities beyond those intended for single-family zoned neighborhoods resulting in excessive noise and excessive use of on-street parking. Staff will develop code amendments to limit conversion of residential common living area that may include the following: • Establish a maximum percentage of dwelling area that bedroom space may occupy in single-family residences. • Require additional on-site parking when homeowners propose to exceed a threshold for the number of bedrooms in an existing dwelling unit. Currently, the City's parking standards requires two covered spaces per dwelling unit. Staff is available to answer questions during the study session. Staff is recommending that the City Council extend the moratorium for 120 days at a public hearing of the February 20 Council meeting to provide additional time for staff to draft code amendments. Staff will present draft code amendments to the Planning Commission for review within the moratorium extension period. Study Session No. 1 TO: Honorable Chair and Members of the Planning Commission FROM: Cheri Flores, Senior Planner DATE: February 13, 2018 SUBJECT: HIGHWAY 111 CORRIDOR VISIONING The La Quinta Highway 111 Corridor (Corridor) is a two-mile, 396-acre regional commercial hub that serves as the City’s primary source of sales tax with$5,785,466 generated in 2016. The Corridor carries 35,000-40,000 vehicles per day and the intersection of Highway 111 and Washington Street is one of the highest volume intersections in the Coachella Valley, carrying over 70,000 vehicles per day. There are 75 retail, service, and restaurant establishments within 21 commercial/office developments that employ up to 4,000 people. Ensuring the Corridor’s economic resilience is important to the city’s future. Corridor development is shaped by 11 specific plans, regional commercial and commercial park district design standards and permitted uses, and Highway 111 design guidelines. Most Corridor properties developed prior to redevelopment agency dissolution in 2012 and 55 acres remain undeveloped. Mixed-use standards adopted in 2016 apply to the Corridor. CV Link is planned along the Corridor’s northern boundary with potential economic benefits from 13,500-16,000 pedestrians, bicyclists, and other users projected annually to this segment. CVAG anticipates construction of East Valley CV Link sections as early as Fall 2018. Corridor planning was ranked as the highest big rock priority at the January 13, 2018 Community Workshop. The planning effort would position the Corridor for the future to continue serving as the City’s primary source of sales tax revenue and jobs. A Corridor opportunities and constraints map was presented to Workshop attendees with three planning options: • Option 1: Update Existing Highway 111 Design Guidelines (landscape, lighting and entryways) • Option 2: Create a Corridor Area Plan which would provide a set of design guidelines, traffic analysis and code revisions to guide development along the Corridor • Option 3: Create a Highway 111 Specific Plan that consolidates all the existing Specific Plans into one plan. The City Council directed staff to coordinate a Joint Study Session of Council and Planning Commission to review Corridor planning options. Study Session No. 2 2 Attachments: 1. Highway 111 Corridor Map !( !( !( !( !(!(!(!( ¬«5 ¬«1 ¬«2 ¬«10 ¬«3 ¬«11 ¬«9 ¬«6 ¬«6 ¬«7 ¬«4 ¬«5¬«5 ¬«8 City of La Quinta Design and Development Department Highway 111 Corridor Map January 2018 ® Planning Division Legend Highway111 Area Boundary Highway 111 !(Highway 111 Intersections 65' Landscape Setback CV LINK ROUTE (FUTURE) CV Link Frontage Opportunity Vacant Properties Drive-throughs Specific Plans 1. Washington Park 2. One Eleven Shopping Center 3. Jefferson Plaza 4. Dune Palms Plaza 5. Centre at La Quinta 6. La Quinta Corporate Centre 7. Point Happy Shopping Center 8. La Quinta Court 9. The Pavilion at La Quinta 10. Komar Desert Center 11. Dune Palms and Highway 111Washington StreetAdams StreetDune Palms RdJefferson StreetHighway 111 CV Link Westward Ho Dr City Property ATTACHMENT 1 TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 13, 2018 SUBJECT: LA QUINTA ART ALLEY PROJECT The City held the Village Make event in partnership with the Southern California Association of Governments’ (SCAG) Go Human campaign on Saturday, November 18, 2017 in the La Quinta Village. The event showcased the La Quinta Village as a walkable, bikeable, healthy and safe community. The City coordinated with community partners such as Old Town La Quinta, Old Town Peddler, Pedego, Old Town Artisan Studio, and Sm’Art Studio. Event pop-up activations included temporary Calle Tampico roundabout and road diet simulation, augmented reality station, repurposed Village alleyway, musical performances, craft activities, and community engagement stations (Attachment 1). The event participant survey (Attachment 2) found 98% of respondents support making the improvements on display permanent. As a result of the Village Make, the La Quinta Art Alley concept was presented at the January 13, 2018 Community Workshop with three goals: • Year-round La Quinta art destination • Improve connectivity between Old Town La Quinta and the rest of the Village • New opportunities for restaurants and business The alley project (Attachment 3) received the second highest number of votes for big rock priorities at the Community Workshop. Staff is proceeding to establish the La Quinta Art Alley, between Avenida La Fonda and Calle Estado, to include murals located on the rear of alley buildings and alley surface mural. Other proposed alley improvements include a new catch basin and trash enclosure upgrades to improve drainage and aesthetics. Alley programming will begin March 2018 in coordination with First Thursday events in Old Town La Quinta. Attachments: 1. Village Make event photos 2. Village Make Participant Survey 3. La Quinta Art Alley Map Study Session No. 3 ATTACHMENT 1 ATTACHMENT 2 December 11, 2017 La Quinta: Village Make Survey Summary The Village Make event transformed La Quinta’s streets into places that are more enjoyable for walking, bicycling, skating, and rolling. The four-hour event on Saturday, November 18th, 2017 took place along Calle Estado and throughout the Village, providing participants with the opportunity to experience and test out planned and potential safety designs that improve access to and throughout the Village. Temporary interventions included buffered bike lanes, repurposed alleyways, artful traffic circles, additional seating, parklets, and cut-through walking paths. Participants also enjoyed live music, interactive art installations, free bicycle rentals, and other family friendly activities. Hundreds of community members and visitors participated in the event, 135 filled out the survey, with a large majority of respondents in support of making these temporary street installations permanent. FAST FACTS 135 survey responses A majority of survey respondents supported making a mid-block crossing (85%), a buffered bicycle lane (90%), and a pedestrian path through the Village (90%) permanent changes in their community Respondents identified improved sidewalks, public space/parks and street lighting as the top three things that would make La Quinta better for walking Respondents identified more bike lanes and bicycle parking, separated bike lanes and traffic enforcement as the top three things that would make La Quinta better for biking 96% of respondents think the improvements make the street feel more safe and inviting to use 98% of respondents support the city making these improvements permanent 92% of respondents said this event inspired them to walk or bike more 98% of respondent would you like to see open streets events in La Quinta that promote more walking and biking in/near the Village 79% of respondents had never previously attended a community meeting hosted by the City to discuss transportation in La Quinta ACTIVE TRANSPORTATION HABITS 29% of respondents travel around their community by walking 17% of respondents travel around their community by bicycle DEMOGRAPHIC 68% of respondents identified as female 75% of respondents live in zip code 92253 December 11, 2017  56% of respondents are 50 or older  63% of respondents are white and 23% are Hispanic or Latino QUOTES Participants also had the opportunity to provide feedback on the following proposed interventions: In response to Parklets:  “Yes! Awesome idea, especially for kids!”  “Yes! Very relaxing”  “Community garden!”  “Yes - with picnic benches”  “Yes, with water” In response to a Roundabout:  “Yes! Definitely better than signals!”  “If safe for cyclists and pedestrians and doesn't back up traffic”  “Make sure it can handle trucks and trailers”  “Be sure there is enough room”  “Nice, it's too dangerous” (referring to current conditions) In response to a Median Crossing:  “If center median is beautiful and has landscaping”  “Yes, much safer!”  “Yes, with lights!”  “Good idea! With lights!”  “Staggered crossings with median”  “Always good” In response to Street Trees and Landscaping:  “Yes, we need more trees!”  “Definitely - high canopy shade trees”  “Always love shade trees!”  “Yes! More trees”  “Yes, clean air!”  “Yes, great idea!” In response to a Bike Lane with Painted Buffer:  “Yes, with lights”  “Yes, long as no ugly poles!”  “Check the smell of the paint”  “Great idea!”  “Yes, please keep our kids safe on bikes!” December 11, 2017 29% 17% 1% 48% 2% 3% 0% 0% How do you travel around your community? Walk Bike Skate Car Public Transportation (bus, train, etc.) Shared Vehicle (Lyft, Uber, taxi, etc.) Motorcycle of Scooter 35% 22% 6% 8% 11% 18% What keeps you from walking or biking more in your community or neighborhood? Concerned about unsafe drivers Destinations are too far to walk or bike I just don't think about it much Concerned about crime Time Other 10% 27% 5% 16% 6% 10% 1% 25% How did you hear about this event? Response Count: Website Social Media Email Word of MouthPoster Postcard Sign Other ADDITIONAL SURVEY RESULTS 22% 22% 36% 7% 13% What brought you to this event today? Opportunity to exercise Free activities Curiosity about street improvements Did not know about the event until I arrived Other !(!(!(!(!(!(!(")")")")")")")")#*#*Office Office Office Fortun Crabpot Rabobank Office La Quinta Liquor Casa Mendoza La Quinta Art Alley January 2018®City of La Quinta Design and Development Department Planning Division Text Legend ")Trash Enclosure !(Utility Poles #*Proposed Catch Basin Art Phases Phase 1 Wall Art Phase 2 Wall Art Phase 3 Desert Club Drive Avenida BermudasAvenida La FondaCalle Estado±ATTACHMENT 3 TO: Honorable Chair and Members of the Planning Commission FROM: Carlos Flores, Associate Planner DATE: February 13, 2018 SUBJECT: REPORT ON JANUARY 2018 VILLAGE PARKING SURVEY Efforts to improve the La Quinta Village as a destination for residents and visitors are a City priority. The Village parking management program monitors parking demand by conducting parking surveys for on-street and off-street parking occupancy in peak season (January) and off-peak season (August). This report is intended to update the City Council on the January 2018 survey results. There are a total of 4,184 parking spaces available in the Village District (Attachment 1). Of these, 3,297 are off-street spaces, and 887 are on-street spaces. A reduction by 5 off-street spaces occurred with Linden Plaza construction in Old Town La Quinta. The 2018 Village peak season parking survey identified a total parking occupancy between 19-29% for any time period on Wednesday, January 24, 2018 and 29% peak occupancy at noon. The total parking occupancy was between 17-29% for any time period on Saturday, January 27, 2018 and 28% peak occupancy at 6:00 p.m. Occupancy levels as high as 63% at 6:00 p.m. on Saturday, January 27, 2018 were observed in the Village Core Zone, bounded by Avenida Navarro, Desert Club Drive, Calle Tampico, and Calle Estado. Parking occupancy in this zone was previously observed to be 66% at 6:00 p.m. on January 28, 2017 and at 35% at 12:00 p.m. on August 8, 2017. The 2017 peak season parking survey identified parking occupancy between 18-31% for any time period on Saturday, January 28, 2017 and 30% peak occupancy at 6:00 p.m. Occupancy levels on Wednesday, January 25, 2017 were observed between 18- 30%, with 30% peak occupancy at noon. The 2017 off-peak season parking survey identified a total parking occupancy between 14-16% for any time period on Saturday, August 5, 2017 and 16% peak observed at 6:00 p.m. Occupancy levels on Tuesday, August 8, 2017 were between 13-22% with 22% peak occupancy at 2:00 p.m. The parking occupancy results demonstrate that parking is abundant throughout the Village and has not changed drastically from the previous year. Staff plans to conduct the next off-peak season parking survey in August 2018. Attachments: 1.January 2018 Village Peak Parking Inventory 2.January 2018 Village Peak Season Parking Survey results Staff Item No. 2 ATTACHMENT 1 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 1 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 1 Off-Street 162 174 186 187 107 59 43 On-Street 0 5 5 5 7 0 0 Off Supply 595 433 421 409 408 488 536 552 27.23%29.24%31.26%31.43%17.98%9.92%7.23% On Supply 5 5 0 0 0 -2 5 5 0.00%100.00%100.00%100.00%140.00%0.00%0.00% Total Supply 600 438 421 409 408 486 541 557 27.00%29.83%31.83%32.00%19.00%9.83%7.17% 2 Off-Street 134 119 117 105 136 177 223 On-Street 17 3 8 8 5 3 0 Off Supply 572 438 453 455 467 436 395 349 23.43%20.80%20.45%18.36%23.78%30.94%38.99% On Supply 41 24 38 33 33 36 38 41 41.46%7.32%19.51%19.51%12.20%7.32%0.00% Total Supply 613 462 491 488 500 472 433 390 24.63%19.90%20.39%18.43%23.00%29.36%36.38% 3 Off-Street 66 88 79 101 94 46 16 On-Street 0 1 2 1 0 0 0 Off Supply 284 218 196 205 183 190 238 268 23.24%30.99%27.82%35.56%33.10%16.20%5.63% On Supply 49 49 48 47 48 49 49 49 0.00%2.04%4.08%2.04%0.00%0.00%0.00% Total Supply 333 267 244 252 231 239 287 317 19.82%26.73%24.32%30.63%28.23%13.81%4.80% 4 Off-Street 49 91 91 93 56 69 47 On-Street 0 0 0 0 0 0 0 Off Supply 466 417 375 375 373 410 397 419 10.52%19.53%19.53%19.96%12.02%14.81%10.09% On Supply 0 0 0 0 0 0 0 0 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 466 417 375 375 373 410 397 419 10.52%19.53%19.53%19.96%12.02%14.81%10.09% 5 Off-Street 32 24 23 23 26 27 20 On-Street 6 16 16 15 18 20 16 Off Supply 82 50 58 59 59 56 55 62 39.02%29.27%28.05%28.05%31.71%32.93%24.39% On Supply 56 50 40 40 41 38 36 40 10.71%28.57%28.57%26.79%32.14%35.71%28.57% Total Supply 138 100 98 99 100 94 91 102 27.54%28.99%28.26%27.54%31.88%34.06%26.09% % Occupied Space Available % Occupied Space Available % Occupied Space Available Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied ATTACHMENT 2 La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 2 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 6 Off-Street 6 20 23 19 18 10 21 On-Street 9 7 4 9 8 6 2 Off Supply 44 38 24 21 25 26 34 23 13.64%45.45%52.27%43.18%40.91%22.73%47.73% On Supply 59 50 52 55 50 51 53 57 15.25%11.86%6.78%15.25%13.56%10.17%3.39% Total Supply 103 88 76 76 75 77 87 80 14.56%26.21%26.21%27.18%25.24%15.53%22.33% 7 Off-Street 15 28 60 56 86 79 49 On-Street 4 8 8 21 7 4 4 Off Supply 154 139 126 94 98 68 75 105 9.74%18.18%38.96%36.36%55.84%51.30%31.82% On Supply 32 28 24 24 11 25 28 28 12.50%25.00%25.00%65.63%21.88%12.50%12.50% Total Supply 186 167 150 118 109 93 103 133 10.22%19.35%36.56%41.40%50.00%44.62%28.49% 8 Off-Street 41 100 121 108 111 120 73 On-Street 27 54 81 67 73 80 48 Off Supply 126 85 26 5 18 15 6 53 32.54%79.37%96.03%85.71%88.10%95.24%57.94% On Supply 97 70 43 16 30 24 17 49 27.84%55.67%83.51%69.07%75.26%82.47%49.48% Total Supply 223 155 69 21 48 39 23 102 30.49%69.06%90.58%78.48%82.51%89.69%54.26% 9 Off-Street 17 32 35 28 31 27 11 On-Street 0 0 5 2 4 7 0 Off Supply 40 23 8 5 12 9 13 29 42.50%80.00%87.50%70.00%77.50%67.50%27.50% On Supply 69 69 69 64 67 65 62 69 0.00%0.00%7.25%2.90%5.80%10.14%0.00% Total Supply 109 92 77 69 79 74 75 98 15.60%29.36%36.70%27.52%32.11%31.19%10.09% 10 Off-Street 30 74 59 56 51 45 9 On-Street 0 0 0 0 0 0 0 Off Supply 178 148 104 119 122 127 133 169 16.85%41.57%33.15%31.46%28.65%25.28%5.06% On Supply 36 36 36 36 36 36 36 36 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 214 184 140 155 158 163 169 205 14.02%34.58%27.57%26.17%23.83%21.03%4.21% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 3 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 11 Off-Street 58 74 63 59 63 7 9 On-Street 2 0 2 0 2 0 0 Off Supply 166 108 92 103 107 103 159 157 34.94%44.58%37.95%35.54%37.95%4.22%5.42% On Supply 33 31 33 31 33 31 33 33 6.06%0.00%6.06%0.00%6.06%0.00%0.00% Total Supply 199 139 125 134 140 134 192 190 30.15%37.19%32.66%29.65%32.66%3.52%4.52% 12 Off-Street 0 3 6 8 2 1 9 On-Street 39 33 28 37 27 5 0 Off Supply 15 15 12 9 7 13 14 6 0.00%20.00%40.00%53.33%13.33%6.67%60.00% On Supply 188 149 155 160 151 161 183 188 20.74%17.55%14.89%19.68%14.36%2.66%0.00% Total Supply 203 164 167 169 158 174 197 194 19.21%17.73%16.75%22.17%14.29%2.96%4.43% 13 Off-Street 7 12 9 8 3 4 7 On-Street 0 2 3 1 1 0 0 Off Supply 39 32 27 30 31 36 35 32 17.95%30.77%23.08%20.51%7.69%10.26%17.95% On Supply 4 4 2 1 3 3 4 4 0.00%50.00%75.00%25.00%25.00%0.00%0.00% Total Supply 43 36 29 31 34 39 39 36 16.28%32.56%27.91%20.93%9.30%9.30%16.28% 14 Off-Street 29 39 61 62 56 32 20 On-Street 24 33 48 29 26 43 20 Off Supply 111 82 72 50 49 55 79 91 26.13%35.14%54.95%55.86%50.45%28.83%18.02% On Supply 58 34 25 10 29 32 15 38 41.38%56.90%82.76%50.00%44.83%74.14%34.48% Total Supply 169 116 97 60 78 87 94 129 31.36%42.60%64.50%53.85%48.52%44.38%23.67% 15 Off-Street 6 7 10 9 0 1 0 On-Street 6 9 10 10 5 1 2 Off Supply 24 18 17 14 15 24 23 24 25.00%29.17%41.67%37.50%0.00%4.17%0.00% On Supply 30 24 21 20 20 25 29 28 20.00%30.00%33.33%33.33%16.67%3.33%6.67% Total Supply 54 42 38 34 35 49 52 52 22.22%29.63%37.04%35.19%9.26%3.70%3.70% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied La Quinta Parking Occupancy Survey Wednesday Results - 1/24/18 Page 4 of 8 Parking Occupancy Data - Wednesday January 24, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 16 Off-Street 42 66 52 71 108 88 87 On-Street 1 11 10 12 7 6 8 Off Supply 249 207 183 197 178 141 161 162 16.87%26.51%20.88%28.51%43.37%35.34%34.94% On Supply 117 116 106 107 105 110 111 109 0.85%9.40%8.55%10.26%5.98%5.13%6.84% Total Supply 366 323 289 304 283 251 272 271 11.75%21.04%16.94%22.68%31.42%25.68%25.96% 17 Off-Street 3 5 8 13 28 79 45 On-Street 0 0 0 1 13 6 4 Off Supply 152 149 147 144 139 124 73 107 1.97%3.29%5.26%8.55%18.42%51.97%29.61% On Supply 13 13 13 13 12 0 7 9 0.00%0.00%0.00%7.69%100.00%46.15%30.77% Total Supply 165 162 160 157 151 124 80 116 1.82%3.03%4.85%8.48%24.85%51.52%29.70% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 5 of 8 Parking Occupancy Data - Saturday, January 2 27, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 1 Off-Street 89 113 108 113 98 69 39 On-Street 3 2 3 4 3 2 2 Off Supply 595 506 482 487 482 497 526 556 14.96%18.99%18.15%18.99%16.47%11.60%6.55% On Supply 5 2 3 2 1 2 3 3 60.00%40.00%60.00%80.00%60.00%40.00%40.00% Total Supply 600 508 485 489 483 499 529 559 15.33%19.17%18.50%19.50%16.83%11.83%6.83% 2 Off-Street 216 164 146 129 180 220 240 On-Street 3 9 9 8 5 2 2 Off Supply 572 356 408 426 443 392 352 332 37.76%28.67%25.52%22.55%31.47%38.46%41.96% On Supply 41 38 32 32 33 36 39 39 7.32%21.95%21.95%19.51%12.20%4.88%4.88% Total Supply 613 394 440 458 476 428 391 371 35.73%28.22%25.29%22.35%30.18%36.22%39.48% 3 Off-Street 16 37 36 30 34 21 17 On-Street 0 1 0 0 1 0 0 Off Supply 284 268 247 248 254 250 263 267 5.63%13.03%12.68%10.56%11.97%7.39%5.99% On Supply 49 49 48 49 49 48 49 49 0.00%2.04%0.00%0.00%2.04%0.00%0.00% Total Supply 333 295 297 303 312 316 4.80%11.41%10.81%9.01%10.51%6.31%5.11% 4 Off-Street 41 75 67 43 37 56 55 On-Street 0 0 0 0 0 0 0 Off Supply 466 425 391 399 423 429 410 411 8.80%16.09%14.38%9.23%7.94%12.02%11.80% On Supply 0 0 0 0 0 0 0 0 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 466 425 391 399 423 429 410 411 8.80%16.09%14.38%9.23%7.94%12.02%11.80% 5 Off-Street 24 48 24 31 34 31 28 On-Street 12 13 15 13 18 16 12 Off Supply 82 58 34 58 51 48 51 54 29.27%58.54%29.27%37.80%41.46%37.80%34.15% On Supply 56 44 43 41 43 38 40 44 21.43%23.21%26.79%23.21%32.14%28.57%21.43% Total Supply 138 102 77 99 94 86 91 98 26.09%44.20%28.26%31.88%37.68%34.06%28.99% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied % Occupied Space Available % Occupied Space Available % Occupied Space Available La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 6 of 8 Parking Occupancy Data - Saturday, January 2 27, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 6 Off-Street 22 17 25 18 11 10 19 On-Street 2 4 2 7 5 4 7 Off Supply 44 22 27 19 26 33 34 25 50.00%38.64%56.82%40.91%25.00%22.73%43.18% On Supply 59 57 55 57 52 54 55 52 3.39%6.78%3.39%11.86%8.47%6.78%11.86% Total Supply 103 79 82 76 78 87 89 77 23.30%20.39%26.21%24.27%15.53%13.59%25.24% 7 Off-Street 13 32 77 69 101 118 64 On-Street 5 6 7 8 9 6 4 Off Supply 154 141 122 77 85 53 36 90 8.44%20.78%50.00%44.81%65.58%76.62%41.56% On Supply 32 27 26 25 24 23 26 28 15.63%18.75%21.88%25.00%28.13%18.75%12.50% Total Supply 186 168 148 102 109 76 62 118 9.68%20.43%45.16%41.40%59.14%66.67%36.56% 8 Off-Street 35 78 102 91 118 148 76 On-Street 31 51 79 88 81 85 61 Off Supply 126 91 48 24 35 8 -22 50 27.78%61.90%80.95%72.22%93.65%117.46%60.32% On Supply 97 66 46 18 9 16 12 36 31.96%52.58%81.44%90.72%83.51%87.63%62.89% Total Supply 223 157 94 42 44 24 -10 86 29.60%57.85%81.17%80.27%89.24%104.48%61.43% 9 Off-Street 7 15 22 21 15 32 17 On-Street 1 0 3 0 4 3 0 Off Supply 40 33 25 18 19 25 8 23 17.50%37.50%55.00%52.50%37.50%80.00%42.50% On Supply 69 68 69 66 69 65 66 69 1.45%0.00%4.35%0.00%5.80%4.35%0.00% Total Supply 109 101 94 84 88 90 74 92 7.34%13.76%22.94%19.27%17.43%32.11%15.60% 10 Off-Street 18 36 28 36 23 8 1 On-Street 0 0 0 0 0 0 0 Off Supply 178 160 142 150 142 155 170 177 10.11%20.22%15.73%20.22%12.92%4.49%0.56% On Supply 36 36 36 36 36 36 36 36 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 214 196 178 186 178 191 206 213 8.41%16.82%13.08%16.82%10.75%3.74%0.47% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 7 of 8 Parking Occupancy Data - Saturday, January 2 27, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 11 Off-Street 6 11 9 29 12 7 5 On-Street 0 0 0 0 0 0 0 Off Supply 166 160 155 157 137 154 159 161 3.61%6.63%5.42%17.47%7.23%4.22%3.01% On Supply 33 33 33 33 33 33 33 33 0.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 199 193 188 190 170 187 192 194 3.02%5.53%4.52%14.57%6.03%3.52%2.51% 12 Off-Street 4 0 0 0 0 1 0 On-Street 82 101 61 28 26 15 6 Off Supply 15 11 15 15 15 15 14 15 26.67%0.00%0.00%0.00%0.00%6.67%0.00% On Supply 188 106 87 127 160 162 173 182 43.62%53.72%32.45%14.89%13.83%7.98%3.19% Total Supply 203 117 102 142 175 177 187 197 42.36%49.75%30.05%13.79%12.81%7.88%2.96% 13 Off-Street 9 5 3 11 3 5 2 On-Street 1 0 0 0 0 0 0 Off Supply 39 30 34 36 28 36 34 37 23.08%12.82%7.69%28.21%7.69%12.82%5.13% On Supply 4 3 4 4 4 4 4 4 25.00%0.00%0.00%0.00%0.00%0.00%0.00% Total Supply 43 33 38 40 32 40 38 41 23.26%11.63%6.98%25.58%6.98%11.63%4.65% 14 Off-Street 19 29 26 27 35 29 37 On-Street 8 10 36 25 29 54 22 Off Supply 111 92 82 85 84 76 82 74 17.12%26.13%23.42%24.32%31.53%26.13%33.33% On Supply 58 50 48 22 33 29 4 36 13.79%17.24%62.07%43.10%50.00%93.10%37.93% Total Supply 169 142 130 107 117 105 86 110 15.98%23.08%36.69%30.77%37.87%49.11%34.91% 15 Off-Street 5 15 3 2 4 0 1 On-Street 1 6 3 3 3 11 4 Off Supply 24 19 9 21 22 20 24 23 20.83%62.50%12.50%8.33%16.67%0.00%4.17% On Supply 30 29 24 27 27 27 19 26 3.33%20.00%10.00%10.00%10.00%36.67%13.33% Total Supply 54 48 33 48 49 47 43 49 11.11%38.89%11.11%9.26%12.96%20.37%9.26% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied La Quinta Parking Occupancy Survey Saturday Results - 1/27/18 Page 8 of 8 Parking Occupancy Data - Saturday, January 2 27, 2018 Block #Parking Type 8am 10am 12pm 2pm 4pm 6pm 8pm 16 Off-Street 28 45 49 49 58 139 143 On-Street 0 0 0 1 5 10 12 Off Supply 249 221 204 200 200 191 110 106 11.24%18.07%19.68%19.68%23.29%55.82%57.43% On Supply 117 117 117 117 116 112 107 105 0.00%0.00%0.00%0.85%4.27%8.55%10.26% Total Supply 366 338 321 317 316 303 217 211 7.65%12.30%13.39%13.66%17.21%40.71%42.35% 17 Off-Street 6 7 10 13 43 92 105 On-Street 0 0 1 0 3 6 9 Off Supply 152 146 145 142 139 109 60 47 3.95%4.61%6.58%8.55%28.29%60.53%69.08% On Supply 13 13 13 12 13 10 7 4 0.00%0.00%7.69%0.00%23.08%46.15%69.23% Total Supply 165 159 158 154 152 119 67 51 3.64%4.24%6.67%7.88%27.88%59.39%69.09% Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied Space Available % Occupied CITY COUNCIL MINUTES Page 1 JANUARY 13, 2018 SPECIAL MEETING – COMMUNITY WORKSHOP CITY COUNCIL MINUTES COMMUNITY WORKSHOP SPECIAL MEETING SATURDAY, JANUARY 13, 2018 CALL TO ORDER A special meeting of the La Quinta City Council (Community Workshop) held at the La Quinta Wellness Center was called to order at 12:17 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None RESIDENTS SIGNED IN: 34 CITY STAFF PRESENT: 19 PLEDGE OF ALLEGIANCE Resident Jerry Prisbrey led attendees in the pledge of allegiance. CLOSED SESSION – None CONFIRMATION OF AGENDA – Confirmed PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR - None BUSINESS SESSION – None STUDY SESSION 1.COMMUNITY WORKSHOP Mayor Evans welcomed all attending residents to the fifth annual community workshop and explained the purpose of the workshop. Mayor Evans dedicated the meeting to City employee Burt Hanada, Building Official who passed away New Year’s Day. Mayor Evans introduced Cynthia Henson of Henson Consulting, workshop facilitator. Staff Item No. 3 CITY COUNCIL MINUTES Page 2 JANUARY 13, 2018 SPECIAL MEETING – COMMUNITY WORKSHOP City Manager Spevacek presented the status of priorities set by residents at last year’s community workshop. Councilmember Radi introduced the Dean of Public Policy at Pepperdine University, Pete Peterson as the keynote speaker. Dean Peterson presented insights on community engagement when forming public policy. Finance Director Campos presented the City’s financial status and projections. City Engineer McKinney presented the City’s proposed capital projects. Planning Manager Perez presented development opportunities in the City. Management Analyst Larson presented a Museum/cultural center expansion project. Facility Director Howlett presented a proposed x-park and event venue site. Business Analyst Villalpando presented economic development plans and outreach. Participants were asked to add any additional projects to the list staff presented, after which, all participants were asked to rank the list of projects (Attachments 1 and 2). PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – None MAYOR’S AND COUNCIL MEMBERS’ ITEMS - None REPORTS AND INFORMATIONAL ITEMS - None ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Peña to adjourn at 4:23 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, City Clerk City of La Quinta, California Attachments: 1. Community Workshop 2018 – Recap of Activities and Results 2. Community Workshop 2018 – Attendees List City of La Quinta ATTACHMENT 1 January 17, 2018 COMMUNITY WORKSHOP 2018 This Is How We Do It! Date: Saturday, January 13, 2018 Time: 11:30 a.m. - 4:30 p.m. Location: La Quinta Wellness Center Keynote Speaker: Dean Pete Peterson, Pepperdine University Approximate # of Attendees: 57  Council Members = 5 ( 9%)  City staff = 18 (31%)  Commissioners = 14 (25%)  Residents = 20 (35%) Theme: This Is How We Do It - Processes and procedures of Public Policy on a local level.   City of La Quinta 1 Participants of the 2018 Community Workshop with La Quinta City Council and City Staff City of La Quinta January 17, 2018 City of La Quinta 2 Dean Pete Peterson of Pepperdine University Workshop Desires Each table group had an opportunity to voice what they hoped to get out of the day’s workshop: •Where is the City going? - Community Feedback •Good listeners - interest in what other participants have to offer. •Interest in Police costs/unfunded pensions and unfunded projects - where budgets are going. •Status on SilverRock, sub-divisions, new projects •Interesting projects - what other groups think of them and how to prioritize them. •Support Seasons neighbors - we love it here. •Continued engagement & participation •How to get more involved in the community •Feedback from residents on how to get involved and improve services. •Where our 12% increase will be spent •Development projects and community involvement •Continuing to see growth in North La Quinta, Future Economy on Highway 111, Full time residents and expanded activities in the Summer. •Grow local business, bigger brand, moving forward, prioritizing projects, keep innovating. City of La Quinta January 17, 2018 City of La Quinta 3 City Manager, Frank Spevacek speaks to the group. Each table group had an opportunity to voice what they loved about their City: •Views & beauty •Intimate Community •Outdoor activities •Art shows/festivals •Ability to drive golf cart around legally •Good schools •Pride of citizens & City employees •Access to hiking •Resort atmosphere •Great golf •Active and involve City Council •Library, Museum, & Wellness Center •Engagement •Culture of feedback What We Love About LQ! •Unique systems & processes •Focus on health & wellness •Collaboration •Low crime •Friendly •Clean •Picturesque •Easy access to shopping •Walkability •Winter weather •Aesthetics - architecture & landscape •No traffic issues •Good mix of people from other areas in USA •Good government •Small town feeling •Awesome amenities •Quality of life •Culture •Not developer driven •Resident priority •Friendly & diverse •Wide range of activities •Proximity to nature •Dark sky ordinance •Pride •Family friendly •Volunteer spirit •Shopping friendly •Cost of living •Respect of privacy •Progressive culture •Supportive city council City of La Quinta January 17, 2018 City of La Quinta 4 •Police Annual Contract Increase •SilverRock Event Area •XPark •Museum Cultural Center •Avenue 50 Bridge •Fritz Burns Poll Improvements •Corporation Yard Improvements •Eisenhower Retention Basin •Washington Street Drainage Improvements at Lake La Quinta •Washington Street Drainage Improvements at Avenue 50 •Calle Tampico Drainage Improvements •Jefferson Street & SilverRock Way Roundabout •La Quinta Art Alley •Highway 111 Corridor Big Rocks - City Staff Big Rocks - Community •Restroom at Top of Cove •Drainage Improvement @ Miles & Washington •Impacts of Indian Wells Tennis Garden •Land Development (Old Town LQ & Wellness Center) •Sports Related Retail @ SilverRock •City wide wifi •Public/Private partnership around Montezuma Park •Shade Required Policy •CV Link Spurs •Repainting of bridge railings •Improve golf cart/bicycle access to Old Town La Quinta •Free water feature in The Cove VOTED - TOP 6 BIG ROCKS 1. Highway 111 Corridor 2. La Quinta Art Alley (TIED) 2. Museum Cultural Center (TIED) 3. SilverRock Event Area 4. Restroom @ Top of Cove 5. Police Contract Annual Increase (TIED) 5. XPark (TIED) 6.Corporation Yard Improvements TO: Honorable Chair and Members of the Planning Commission FROM: Gabriel Perez, Planning Manager DATE: February 13, 2018 SUBJECT: League of California Cities 2018 Planning Commission Academy The League of California Cities Planning Commission Academy (Academy) is scheduled for April 4-6, 2018. The location rotates between northern and southern California cities and the 2018 Academy will be held in Monterey. The Academy includes sessions on major planning and land-use issues as well as provides networking opportunities. On October 10, 2017 after discussion among the Commission, it was directed that Commissioners who did not attend the Academy in the past should be a registration priority. Staff secured registration for Commissioners Caldwell, Proctor, Currie and McCune. Commissioner McCune is unable able to attend and it is recommended the Commission select another Commissioner to attend. Staff is available to answer questions. Staff Item No. 4 HANDOUT (C2) PLANNING COMMISSION MEETING FEBRUARY 13, 2018 I-AGENDAITEM C2- FRONTIER COMMUNICATION LAND PURCHASE ADDITIONAL RECOMMENDED FINDINGS OF CONSISTENCY To be added to Resolution No. 2018- IN BOLD 1. Consistency with General_ flan The proposed commercial property purchase is consistent with the La Quinta General Plan Policy LU 7.7-Continue to allow off -site parking through the payment of in lieu fees in the Village, as well as other creative parking alternatives; General Plan Program ED 1.3c-continue to sponsor and support special events in the Village and at the Civic Center, as a means of attracting visitors to the area; and Goal ED 2-the continued growth of the tourism and resort industries in the City. The purchase will increase available parking to support Village events that increase tourism to La Quinta and enhances the Village as a retail and dining destination. Page 1of1