CVAG/Regional Transportation 891V 1W u11L �� Y
IMPLEMENTATION AGREEMENT
AUTHORIZING THE COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS TO MANAGE AND ADMINISTER THE
REGIONAL TRANSPORTATION PROGRAM
THIS AGREEMENT is made and entered into on the 11th day
of May , 1989 pursuant to Government Code Section
6500 et seq., other pertinent provisions of law, and the
Coachella Valley Association of Governments Joint Powers
Agreement entered into on or about November, 1973, and as
amended and restated on <l.H e a O LI by and between five or
more of the following public agencies:
(a) County of Riverside
(b) City of Coachella
(c) City of Indio
(d) City of La Quinta
(e) City of Indian Wells
(f) City of Palm Desert
(g) City of Rancho Mirage
(h) City of„Cathedral City
(i)
City
of
Palm Springs
(j)
City
of
Desert Hot Springs
KLA7/26/mpb/5/3/89 -1-
R E C I T A L S
A. Each member and party to this Agreement is a
governmental entity established by
law with full powers of
government and legislative, administrative, and other related
fields. The purpose of this Agreement is to authorize the
Coachella Valley Association of Governments pursuant to that
Joint Powers Agreement, entered into on or about November,
1973, and as restated and amended on 1989, to
v� Z
manage and administer the Transportion Uniform Mitigation Fee
Program and ordinances and resolutions pertaining
to same.
B. Each member and party to this agreement finds that
future development within the Coachella Valley to the year
2010 will result in traffic volumes in excess of capacity on
the regional system of streets, arterials and highways.
C. The parties find that failure to expand the capacity
of the existing circulation system will cause unacceptable
levels of congestion on the streets, arterials and highways
of the regional system.
at existing and future sources of
D. The parties find th
revenue are inadequate to fund substantial portions of the
regional transportation system improvements needed to avoid
unacceptable levels of congestion and related adverse
impacts. ,
d declare that the Coachella
E. The parties find an
Valley Area Transportation Study has determined the extent to
which the new development of land will generate traffic
volumes impacting the roadway system by the year 2010 and
have determined that the Transportation Uniform Mitigation
KLA7/26/mpb/5/3/89 -2
Fee Ordinance (Exhibit A)
establishes a fair and equitable
method to .fund costs of transportation improvements necessary
to accommodate the traffic volumes generated by future
development of land within each city and county and within
the Coachella Valley.
ind and determine that exactions from
F. The parties f
development will construct only a portion of local and
regional facilities and that adoption of the Transportation
Uniform Mitigation Fee ordinance is necessary to insure the
additional revenues needed to construct the improvements and
accommodate traffic generated by land development.
G. it has been determined by the parties hereto that it
is in the best interests of the respective parties to join
r the funds provided by the
together to administethe
Transportation Uniform Mitigation Fee and to authorize d
Coachella Valley Association of Governments to manage funds
administer the Transportation Uniform Mitigation Fee
and improvements along with any other funds that are made
available for regional streets and highways in the Coachella
Valley.
ecognize that, in order to serve
H. The parties hereto r
additional funding,
other than
the purposes stated herein,
that received from the above described fee, must be obtained.
Each party has agreed to cooperate in obtaining
additional
financing, including, but not limited to, debt financing.
I. It is anticipated by the parties hereto that the
Coachella Valley Association of Governments (hereafter
"CVAG") shall administer the funds and the program generated
for regional streets and highways in the Coachella Valley by
KLA7/26/mpb/5/3/89 -3
exercising the powers granted herein. It is further
anticipated that the life of this Agreement is twenty-two
(22) years, up to and including the year 2010.
I
pURPOSE AND POWERS.
1.1. Pu ose of the Agreement.
Each member to this Agreement has the common power
to plan for, acquire, construct,
maintain, repair, manage,
o erate, impose fees for and incur indebtedness for and
P
control facilities for the purpose of planning and
constructing transportation facilities.
The purpose of this Agreement is to jointly
e and implement
exercise the foregoing common powers to overse
Mitigation Fee, manage the funds
the Transportation Uniform to
generated from such fees and any other funds designated
n of regional
planning, lanning, funding, design and constructio
in accordance
streets and highways in the Coachella Valley
with the applicable laws of the State of California.
1.2, Powers.
CVAG through its Executive Committee is hereby the
authorized to perform all necessary functions to fulfill
purposes of this Implementation Agreement. The agency shall
have the power in its own name to do any of the following:
a. To exercise jointly the common powers of its
wa s and means to provide
members in studying and planning Y
for the planning, design, financing and construction of
transportation facilities throughout Coachella Valley;
b. To make and enter into contracts;
KLA7/26/mpb/5/3/89
-4-
C. To contract for the services of engineers,
consultants and separate and
attorneys,, planners, financial
apart therefrom to employ such other persons, as it deems
necessary;
d. To incur debts, liabilities, obligations,
issue bonds, invest and reinvest or sell or exchange
securities;
pt rules, regulations, policies, bylaws
e. To ado
and procedures governing the operation of CVAG in accordance
with the enumerated purposes contained herein;
f. To apply for an appropriate grant or grants
under any federal, state, or local programs for assistance in
developing the transportation program:
g. To receive gifts, contributions and donations
of property, funds, services and other forms of financial
assistance from persons, firms, corporations and any
governmental entity;
quire, hold, and dispose of property by
h. To ac
lease, lease purchase or sale;
i. To acquire property by eminent domain subject
to conditions as set forth in Section 1.3 of this Agreement;
To lease, acquire,
construct, manage,
7-
maintain, and operate any buildings, works, or improvements;
k. To sue and be sued in its own name;
1• To determine project priorities, to set design
standards for projects, and to coordinate with the parties to
oversee in construction of improvements;
KLA7/26/mpb/5/3/89 -5
T;i, To annually update the 5-year Capital
Improvement Plan and set or adjust the appropriate standards
for determining the amount of the mitigation fee; and
n. To the extent not herein specifically provided
for, to exercise any powers in furtherance of the purpose of
this Agreement in the manner of and according to the methods
provided under applicable laws.
1.3 Power of Eminent Domain.
For the purpose of exercising eminent domain, to
acquire property in furtherance of the purposes of this
Agreement, the "legislative body" of CVAG shall be the
Executive Committee of CVAG. Resolutions of Necessity may be
adopted by a two-thirds vote of the Executive Committee with
each member agency having one vote. The power of eminent
domain as authorized herein is subject to veto by the
jurisdictions within whose boundaries eminent domain is being
exercised. A jurisdiction must exercise its veto by
resolution, within sixty (60) days from the date of receipt
of notification of the intent to exercise eminent domain
within its boundaries.
II.
ADMINISTRATION OF UNIFORM TRA-NSPORTATION
MITIGATION FEE FUND
2.1. Imposition of Uniform Transportation Mitigation
Fee.
On or before the effective date of this Agreement
(or in the case of a new party, on or before that party
becomes signatory to this Agreement),'it is anticipated that
KLA7/26/mpb/5/3/89 -6-
each party will adopt a Uniform Transportation Mitigation Fee
in an amount equal to or more than the fee as recommended by
CVAG requiring the payment of a mitigation fee as a condition
of discretionary project approval, or other permit process,
for the purposes of defraying the actual or estimated cost of
constructing regional transportation improvements. Adoption
of a Uniform Transportation Mitigation Fee is not required in
order to be a party to this Agreement. However, if a party
fails to adopt the fee or fails to impose such fee, or
repeals the enabling ordinance or fee requirement, or
otherwise disables itself from the collection and remittance
of said fee to CVAG, such action shall result in forfeiture
of that agency's share of the local portion of Measure A
monies upon the effective date of said action. Said action
shall not be deemed withdrawal of that party from this
Agreement.
2.2. Annual Review of Fees.
The Executive Committee of CVAG shall annually
review and, if necessary, amend the amount of the recommended
mitigation fee to insure that it is a fair and equitable
method of distributing the costs of the improvements
necessary to accomodate traffic volumes generated by future
growth.
The legislative body of each party shall annually
undertake review of the mitigation fee and shall, if
necessary, modify the fee to be imposed by the parties hereto
to insure that it is a fair and equitable method of
distributing the costs of the improvements necessary to
KLA7/26/mpb/5/3/89 -7-
accomodate traffic volumes generated by future growth. Said
fee imposed shall be equal to or greater than the amount as
recommended by CVAG. The revised fee shall be imposed within
one hundred and twenty (120) days.
2.3. Collection of Fees.
Each party to this Agreement that adopts the
Transportation Uniform Mitigation Fee agrees to collect said
fee imposed pursuant to its Transportation Uniform Mitigation
Fee Ordinance and Resolution and remit the collected fees to
CVAG to be placed in the CVAG Transportation Mitigation Trust
Fund, along with any interest therefrom, on a quarterly
basis.
In the event that any dispute arises as to the
amount of fees assessed any person under the fee ordinance,
any aggrieved person may appeal the decision regarding the
fee to CVAG's Executive Committee, which decision shall be
final. In the event that any party hereto becomes a party to
litigation regarding the legality of the fee ordinance and
resolution, or the fees imposed pursuant to the fee ordinance
and resolution, the Executive Committee, where it deems
appropriate, may defend such action or lend other assistance
to said party_in said action.
2.4. Holdinq of Fees.
The Executive Committee shall deposit, invest,
account for and expend the fees in accordance with Gov. Code
section 53077 and/or any other applicable statutes as enacted
by the State of California.
KLA7/26/mpb/5/3/89 -8-
The Executive Committee shall make annual findings
for any funds remaining in the account longer than five years
and refund any uncommitted funds plus interest pursuant to
Government Code Section 66001, or as subsequently amended.
2.5. Annual Budget.
The Executive Committee shall adopt, upon the
approval of a quorum of the members of the General Assembly,
an annual budget, for the ensuing fiscal year, pursuant to
procedures developed by the Committee.
2.6. Disbursements.
The Executive Director shall request warrants from
the Treasurer in accordance with budgets approved by the
General Assembly subject to quarterly review by the Executive
Committee. Treasurer shall pay such claims or disbursements
and such requisition for payment in accordance with rules,
regulations, policies, procedures and bylaws adopted by the
Executive Committee.
2.7. Accounts.
All funds of the Trust Fund shall be placed in a
separate account or accounts. The receipt, transfer, or
disbursement of such funds, during the term of this
Agreement, shall be accounted for in accordance with
generally accepted accounting principles applicable to
governmental entities and pursuant to Gov. Code Section 6505
et seq. and any other applicable laws of the State of
California. There shall be strict accountability of all
funds. All revenues and expenditures shall be reported
monthly to the Executive Committee.
KLA7/26/mpb/5/3/89 -9-
2.8. Expenditures Within Approved Annual Budget.
.All expenditures shall be made within the approved
annual budget. No expenditures in excess of those budgeted
shall be made without the aprpoval of a majority of a quorum
of the Executive Committee.
2.9. Audit of Trust Fund.
The records and accounts of the Trust Fund shall be
audited annually by an independent certified public
accountant and copies of such audit report shall be filed
with the County Auditor, State Controller and each party to
CVAG no later than fifteen (15) days after receipt of said
audit by the Executive Committee.
2.10. Audit of Im osition and Collection of Fees.
The records and accounts, with respect to fee
imposition and collection, of any party who imposes a
mitigation fee shall be audited once within any six (6) month
period at the request of the Executive Committee of CVAG or a
majority of parties to this implementation agreement. Said
audit shall be conducted by an independent certified public
accountant and copies of such audit report shall be filed
with each party to CVAG no later than fifteen (15) days after
receipt of said audit by the Executive committee.
III.
ADMISSION AND WITHDRAWAL OF PARTIES
3.1. Admission of New Parties
It is recognized that public entities, other than
the original parties, may wish to participate in this
Implementation Agreement. Additional Coachella Valley public
KLA7/26/mpb/5/3/89 -10-
entities may become parties to this Implementation Agreement
upon such.terms and conditions as provided by the General
Assembly or Executive Committee and with the consent of
two-thirds (2/3) of the existing parties to this
Implementation Agreement, evidenced by the execution of a
written addendum to this Agreement, and signed by all of the
parties including the additional party.
3.2. Withdrawal
It is fully anticipated that each party hereto
shall participate in this implementation Agreement until the
purposes set forth in this Agreement are accomplished. The
withdrawal of any party unless otherwise provided by the
General Assembly or Executive Committee, shall be conditioned
as follows:
A. In the case of a withdrawal from this
Agreement, following a properly noticed public hearing,
written notice shall be given to CVAG, within 1 year and 90
days prior to the effective date of withdrawal;
B. Withdrawal shall not relieve the party of its
proportionate share of any debts or other liabilities
incurred by CVAG prior to the date of the parties' notice of
withdrawal.
C. Withdrawal shall result in the forfeiture of
that party's rights and claims relating to distribution of
property and funds upon termination of this Agreement, as set
forth in Section 4 below;
D. Withdrawal from this Implementation Agreement
shall not be deemed withdrawal from membership in CVAG.
KLA7/26/mpb/5/3/89 -11-
E. Withdrawal shall result in the forfeiture of
that party.'s rights and claims relating to distribution and
use of the local portion of revenues generated from the
cent sales tax imposition pursuant to the provisions of
County Tax Measure A only as it applies to a jurisdiction's
area within the boundaries of the Coachella Valley
Association of Governments.
3.3. Re -admission of Party.
Public entities that withdraw from this Agreement
may be re -admitted as parties to this Agreement upon such
terms and conditions as provided by the General Assembly or
Executive Committee.
3.4. Subsequent Adoption or Re -imposition of Fee.
If a party who failed to adopt or impose the
transportation mitigation fee, later adopts or re -adopts and
imposes such fee in compliance with Section 2 of this
Agreement, that party may, subject to such terms and
conditions as provided by the General Assembly or Executive
Committee, receive that agency's share of the local portion
of Measure A monies.
IV.
TERMINATION AND DISPOSITION OF ASSETS
4.1. Termination.
CVAG shall continue to exercise the joint powers
herein until the termination of this Agreement and any
extension thereof or until the parties shall have mutually
rescinded this Agreement; providing, however, that this
Agreement shall continue to exist for the purposes of
KLA7/26/mpb/5/3/89 -12-
disposing of all claims, distribution of assets and all other
functions necessary to conclude the affairs of the subject
program of this Agreement.
Termination shall be accomplished by written
consent of all of the parties, or shall occur upon the
withdrawal from the Implementation Agreement of a sufficient
number of the agencies enumerated herein so as to leave less
than five of the enumerated agencies as remaining parties to
this Implementation Agreement.
4.2. Distribution of Property and Funds.
In the event of the termination of this
Implementation Agreement, any property interest remaining in
the Transportation Uniform Mitigation Fund following the
discharge of all obligations shall be disposed of as the
Executive Committee shall determine. The Executive Committee
shall consider, to the extent legally possible, the objective
of returning to each party a proportionate return on the
contributions made to such properties by such parties, less
previous returns, if any, and provided that said property
interests shall be utilized to construct major arterial
transportation facilities which accomplish the purposes of
this Agreement.
V.
MISCELLANEOUS
5.1. Effective Date.
This Agreement shall be effective and CVAG shall be
authorized to proceed under this Implementation Agreement
KLA7/26/mpb/5/3/89 -13-
when this Agreement has been executed by any five or more of
the public agencies enumerated herein.
5.2. Partial Invalidi__tY-
if any one or more of the terms, provisions,
sections, promises, covenants or conditions of this
Implementation Agreement shall to any extent be adjudged
invalid, unenforceable, void or voidable for any reason
whatsoever by a court of competent jurisdiction, each and all
of the remaining terms, provisions, sections, promises,
covenants and conditions of this Implementation Agreement
shall not be affected thereby and shall be valid and
enforceable to the fullest extent permitted by law.
5.3. Amendments.
This Implementation Agreement may be amended from
time to time with the approval of not less than two-thirds
(2/3) of the members to the Implementation Agreement, with
the exception that any amendment with respect to the veto
power over eminent domain must be by unanimous approval of
CVAG member jurisdictions.
5.4 Arbitration.
Any controversy or claim between any two or more
parties to this Agreement, or between any such party or
parties and CVAG, with respect to disputes, demands,
differences, controversies, or misunderstandings arising in
relation to interpretation of this contract, or any breach
thereof, shall be submitted to and determined by arbitration.
The party desiring to initiate arbitration shall give notice
of its intention to arbitrate to every other party to this
KLA7/26/mpb/5/3/89 -14-
Agreement and CVAG. Such notice shall designate as
"respondents" such other parties as the initiating party
intends to have bound by any award made therein. Any party
not so designated but which desires to join in the
arbitration may, within ten (10) days of service upon it of
such -notice, file a response indicating its intention to join
in and to be bound by the results of the arbitration, and
further designating any other parties it wishes to name as a
respondent. Within twenty (20) days of the service of the
initial demand for arbitration, the initiating party and the
respondent shall each designate a person to act as an
arbitrator. The two designated arbitrators shall mutually
designate a third person to serve as arbitrator.
The three arbitrators shall proceed to arbitrate
the matter in accordance with the provisions of Title 9 of
Part 3 of the Code of Civil Procedure, Section 1280 et. sea.
The parties to this Agreement agree that the decision of the
arbitrators will be binding.
5.5. Execution.
The Board of Supervisors of the County of Riverside
and the City Councils of the cities enumerated herein have
each authorized execution of this Agreement as evidence by
the authorized signatures below respectively.
-15-
F ORMS 5 / 12 /mpb
COUNTY OF RIVERSIDE
r
By
Supervisor Patricia t-arsofi-
Authorized representative
of the Board of Supervisors
STATE OF CALIFORNIA )
) ss
COUNTY OF RIVERSIDE )
On L—"V-4- a (,- , 1989, before me, the undersigned, a
Notary Pub c in and for said State, personally appeared Patricia
Larson, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as authorized representative of the Board of
Supervisors of the County of Riverside and acknowledged to me
that the County of Riverside executed it.
WITNESS my hand and official seal.
go
OFFICIAL SEAL
VAUGHN DISHMAN NOTARY PU IC
p NOTARY MZLIC—CAUFOPJ"
�• RVE IVERSNM COUNTY
W. Commismon Ezoires ow. 21. iM CITY OF COACHELLA
B y�,.
Mayor C hF/�2G�S �L L!S
STATE OF CALIFORNIA
ss
COUNTY OF RIVERSIDE )
On a , 1989, before me, the
Notary Pub c in and for said State, personally
C`vba, pers nally known to me (or proved to me
satisfactory evidence) � be the person who
instrument as MayorTl s? ' e` city of Ccachella and
me that the City of Coachella executed it.
WITNESS my hand and official seal.
OFFICIAL SEAL
VAUGHN DISHMAN
F',
NOTARY P118LIC—CALtFORIpAPRMIC'PAL OFFICE INRIVERSIDE COUNTY
Commission E:pyres Oct 21. 1992
W CA
24
muese."E. PAWN
undersigned, a � H
appeared '<�
on the basis of<<, I
executed this
acknowledged to
-16-
FORMS5/12/mpb
CITY OF INDIO
By .
Mayor Darwin Oakley
STATE OF CALIFORNIA ss
COUNTY OF RIVERSIDE )
Ona 4 , 1989, before me, the undersigned, Darwin
Notary Pu is in and for said State, personally appeared
Oakley, p rsonally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as Mayor of the City of Indio and acknowledged to me
that the City of Indio executed it.
WITNESS my hand and official seal.
NOTARY BLIC
'
67F-C- AL SEAL
VAUGHN DISHMAN !
�w
NOTsV"My
PR1t�AP PRINCIPAL
,i.RIVERSIDE
COWTV
!` Commission Exp1R�_1 992
STATE OF CALIFORNIA ss
COUNTY OF RIVERSIDE )
CITY OF LA QUIN
By
4Mayorohin u
e a
On g a 1189. before me, the undersigned eared John
Notary Pu is in and for said State, personally appeared
Pena, personally known tto m be(O theroperson who nexecut d 1 this
satisfactory evidence) ta and acknowledged to
instrument
aMayor
City
4
methat the City Of La Quinta executed t n
WITNESS my hand and official seal.
NOTARY P LIC
OFFICIAL SEAL
VAUGHN DISHMAN
NOTARY PUBLIC—CALIFONAA
1) PRINCIPAL OFFICE 0
RIVERSIDE COUNTY
MY Commission Expires Oct. 21. 102
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FORMS5/12/mpb
CITY OF INDIAN WE
By
Mayor Richard Oli hant
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
On 1989, before me, the
Notary Pu is in and for said State, personally
Oliphant, personally known to me (or proved to m
satisfactory evidence) to be the person wh
instrument as Mayor of the City of Indian Wells
to me that the City of Indian Wells executed it.
WITNESS my hand and official seal.
NOTARY BLIC
OFFICIAL SEAL
VAUGHN DISHMAN
•�� NOTARY PUOLIC—CALIFORNiA
PRfNCIPAL OFM IN
i w RwERSIOE COUNTY
%iv Cammisaton Eicmfs Oct. 21. 1922
y
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
ss
CITY
By
undersigned, a
appeared Richard
e on the basis of
o executed this
and acknowledged
PALM DESERT
On .21G , 1989, before me, the undersigned,Roa
Notary P is in and for said State, personally appeared
n the bas Of
Wilson, p sonally known to me (or PrOero who ° executedS1 this
satisfactory evidence) to be the pson
instrument as Mayor of
palm CityDeseofPaexecut d t Desert and acknowledged
to me that the City o
WITNESS my hand and official seal.
NOTARY P IC
OFFICIAL SEAL
"'�i ''�- VAUGHN DISHMAN
NOTARY PUBLIC—CALIFOiWA
PRINCIPAL O"a $4
R:YERSIOE COUNTY
My Commission EX01148 Oct 21. IO92
Elm
FORMS5/12/mpb
CITY OF RANCHO
STATE OF CALIFORNIA ss
COUNTY OF RIVERSIDE )
On t�-� , 1989, before me, the undersigned, a
Notary P is in and for said State, personally appeared Jeff
Bleaman, personally known to me (or proved o me who o executed thebsis Of
satisfactory evidence) to be the person
is
instrument as Mayor of the City of Rancho Mirage and acknowledged
to me that the City of Rancho Mirage executed it.
WITNESS my hand and official seal.
NOTA Y P IC
'"' VA1 HN DISHMAN
FOWA
;; NOTARY PMOPAL OFFICE` N f
k �. .
v r I RNENSIOE ODUNn
,, MY Commission Expires
CITY
I/
STATE OF CALIFORNIA )
ss
COUNTY OF RIVERSIDE )
1989, before me, the undersigned, a/Z'O6&n-
On ' personally appeared
Notary Pu is in and for said State roved to me on the basis of N} 44Gk
., p sonally known to me (or p
satisfactory evidence) toe the person who executed this
instrument as Mayor ga �m .,be
City of Cathedral City and
acknowledged to me that the City of Cathedral City executed it.
WITNESS my hand and official seal.
OFFICIAL SEAL
VAUGHN DISHMAN
NOTARY PUX C-CALIFORNIA
PRINCIPAL OFFICE IN
RIVERSME COUNTY
MY Commis3ton Expires Oct. 21, IM
-19-
STATE OF CALIFORNIA
ss
COUNTY OF RIVERSIDE
CITY OF PALM SPRINGS
Mayor I� t' 73 L-)M
On L2:2
_ a li 1989, before me, the undersigned, a y/
Notary Pu in and for said State, personally appeared°Npers lly known to me (or proved to me on the basis of
satisfactory evide$V 1, t� be the person who executed this
instrument as Mayortt''o tiie City of Palm Springs and acknowledged
to me that the City of Palm Springs executed it.
WITNESS my hand and official seal.
OFFI7ExolresOet
• ��� VAUGHN
.A NOTARY PRNIA
PRINCI
RIVER
MY COmnVeslon 1. 1992
ATTEST:
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
rJ
NOTARY,�PUBLIC
ss
CITY OF DESERT HOT SPRINGS
By
Mayor Daniel Been
On 0 (i , 1989, before me, the undersigned, a
Notary Pub is in and for said State, personally appeared Daniel
Been, pers nally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed this
instrument as Mayor of the City of Desert Hot Springs and
acknowledged to me that the City of Desert Hot Springs executed
it.
WITNESS my hand and official seal.
OFFICIAL SEAL
:)
VAUGHN DISHMAN
rr—a'
NOTARY P0LIC—CALFORMA
PRINCIPAL OFFICE a
RIVERSIDE COUNTY
My Commission Esclres Oct. 21. 1992
NOTARY BLIC
KLAC/l/ma/5/3/89 -25-
FIRST AMENDMENT TO THE
IMPLEMENTATION AGREEMENT
FOR THE MANAGEMENT AND ADMINISTRATION OF THE
REGIONAL TRANSPORTATION PROGRAM
WHEREAS, the signatories below entered into an agreement entitled "Implementation
Agreement Authorizing the Coachella Valley Association of Governments to Manage and Administer the
Regional Transportation Program," which agreement was amended and restated on June 26, 1989
(hereinafter, the "Implementation Agreement');
WHEREAS, the Implementation Agreement originally contemplated a term up to and including
the year 2010 pursuant to the findings of the Coachella Valley Area Transportation Study that concerned
impacts to the regional road system through the year 2010;
WHEREAS, the Coachella Valley Area Transportation Study has been updated to address traffic
volumes impacting the regional roadway system through the year 2030; and
WHEREAS, the participating agencies have amended their authorizing ordinance and fee
schedule for the collection of transportation uniform mitigation fees consistent with the update to the
Coachella Valley Area Transportation Study for impacts through year 2030;
WHEREAS, the Transportation Uniform Mitigation Fee Program and Measure A were designed
as complimentary transportation funding programs, and the voters of Riverside County authorized a 30-
year extension of Measure A to the year 2038;
WHEREAS, it is anticipated future Coachella Valley Area Transportation Studies will be updated
to and including the year 2038.
NOW, THEREFORE, the parties hereby amend the Implementation Agreement to extend the
term through and including the year 2038. All references in the Implementation Agreement to the
Transportation Uniform Mitigation Fee Ordinance shall be deemed to refer to the amended ordinances
adopted by the participating agencies pursuant to the update of the Coachella Valley Area Transportation
Study addressing the impacts to the regional road system including any further updates thereto through
year 2038. All other terms and conditions of the Implementation Agreement shall remain the same.
COUNTY OF RIVERSIDE CITY OF CATHEDRAL CITY
By: /14Z .4 c2(, e = , ,-,��LC� By:
Chairman, Board of Supervisors --
ATTEST:
Kathy DeRosa, Mayor
ATTEST:
FIRST AMENDMENT TO THE
IMPLEMENTATION AGREEMENT
FOR THE MANAGEMENT AND ADMINISTRATION OF THE
REGIONAL TRANSPORTATION PROGRAM
WHEREAS, the signatories below entered into an agreement entitled "Implementation
Agreement Authorizing the Coachella Valley Association of Governments to Manage and Administer the
Regional Transportation Program," which agreement was amended and restated on June 26, 1989
(hereinafter, the "Implementation Agreement');
WHEREAS, the Implementation Agreement originally contemplated a term up to and including
the year 2010 pursuant to the findings of the Coachella Valley Area Transportation Study that concerned
impacts to the regional road system through the year 2010;
WHEREAS, the Coachella Valley Area Transportation Study has been updated to address traffic
volumes impacting the regional roadway system through the year 2030; and
WHEREAS, the participating agencies have amended their authorizing ordinance and fee
schedule for the collection of transportation uniform mitigation fees consistent with the update to the
Coachella Valley Area Transportation Study for impacts through year 2030;
WHEREAS, the Transportation Uniform Mitigation Fee Program and Measure A were designed
as complimentary transportation funding programs, and the voters of Riverside County authorized a 30-
year extension of Measure A to the year 2038;
WHEREAS, it is anticipated future Coachella Valley Area Transportation Studies will be updated
to and including the year 2038.
NOW, THEREFORE, the parties hereby amend the Implementation Agreement to extend the.
term through and including the year 2038. All references in the Implementation Agreement to the
Transportation Uniform Mitigation Fee Ordinance shall be deemed to refer to the amended ordinances
adopted by the participating agencies pursuant to the update of the Coachella Valley Area Transportation
Study addressing the impacts to the regional road system including any further updates thereto through
year 2038. All other terms and conditions of the Implementation Agreement shall remain the same.
COUNTY OF RIVERSIDE
Chairman, Board of Supervisors
ATTEST:
CITY OF CATHEDRALCITY
By: b-
Kat DeRosa, Mayor
ATTEsa,,A,,,...
By•
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
By:
CITY OF LA QUINTA
By:
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
Bv:
Gordon Moller, Mayor
ATTEST:
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
CITY OF DESERT HOT
By:
City 010*
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
By:
CITY OF LA QUINTA
By: _
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
By:
Gordon Moller, Mayor
ATTEST:
By:
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
By:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed nareh,4Myor
ATTEST:'
By: o
CITY OF INDIO
Bv:
Gene Gilbert, Mayor
ATTEST:
CITY OF LA QUINTA
By:
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
By:
Gordon Moller, Mayor
ATTEST:
By: By
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
By:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
By:
CITY OF LA QUINTA
By:
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
Bv:
Gordon Moller, Mayor
ATTEST:
By:
CITY OF COACHELLA
Bv:
Eduardo Garcia, Mayor
ATTEST:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
CITY OF LA QUINTA
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i
Don Ad ph,yor
ATT
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vt 4,4,1, , '
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
By:
Gordon Moller, Mayor
ATTEST:
By: By
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
By:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
By:
CITY OF LA QUINTA
BY:
Don Adolph, Mayor
ATTEST:
CITY OF PALM DESERT
J
By:
Cindy Finerty&aor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
By:
CITY OF RANCHO MIRAGE
By:
Gordon Moller, Mayor
ATTEST:
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
By:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
By:
Gene Gilbert, Mayor
ATTEST:
CITY OF LA QUINTA
By:
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
By:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By: ed T —�
Stephen ougnet, Mayor
ATTEST:
CITY OF RANCHO MIRAGE
BY:
Gordon Moller, Mayor
ATTEST:
By: By:
CITY OF COACHELLA
By:
Eduardo Garcia, Mayor
ATTEST:
By:
CITY OF DESERT HOT SPRINGS
By:
Yvonne Parks, Mayor
ATTEST:
By:
CITY OF INDIAN WELLS
By:
Ed Monarch, Mayor
ATTEST:
By:
CITY OF INDIO
BY:
Gene Gilbert, Mayor
I:vMllf.�
CITY OF LA QUINTA
Bv:
Don Adolph, Mayor
ATTEST:
By:
CITY OF PALM DESERT
BY:
Cindy Finerty, Mayor
ATTEST:
By:
CITY OF PALM SPRINGS
By:
Stephen Pougnet, Mayor
ATTEST:
Um
CITY OF RANCHO MIRAGE
By: _LK vl �
Gordon Moller, Mayor
ATTEST:
By:
COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS
i Pougnet, Chairman
ve Committee
ATTEST:
By:
Tom(501, Executive Director